DB. AVBRTT J. SKILTOW. j 
 
HISTORY 
 
 OF 
 
 HEW-YORK. 
 
HISTORY 
 
 OF 
 
 NEW-YORK, 
 
 ^ROM THE FIRST DISCOVERY TO THE YEAR M.DCC.XXXII,, 
 
 i^O WHICH IS ANNEXED, A DESCRIPTION OF THE COUNTRY, "WITH A SHOttT 
 ACCOUNT OF THE INHABITANTS, THEIR RELIGIOUS AND POLTTICAfc 
 STATE, AND THE CONSTITUTION OF THE COURTS 05 
 JUSTICE IN THAT COLONY. 
 
 XiO I swarming o'er the new discoverM world, 
 
 Gay colonies extend ; the calm retreat 
 
 Of undeservM distress....,..* Thomson, 
 
 -Vec minor est virtuSj qmm qurErere^ parta tu&i'i. 
 
 BY WILLIAM SMITH, A. M. 
 WITH A CONTINUATION^ 
 
 i'spbm ihe Y^ar 1T3S, to the Commencement of the Year 1814. 
 
 ALBANY: 
 
 PRINTED Bt RYKR SCHERMERHORIf. 
 Sold by himself and G. Forbes, Albany ; H. Stockwell, Troy; A. Seivard, Utica^ 
 and Andf us & Starr, Hartfocct 
 
 1814. 
 
District of Neiv-York, ss. 
 
 BE it remembered, that on the thirtieth day of July, in the thirty-ninth year of the 
 Independence of the United States of America, Ryer Schermerhorn, of the said district, 
 has deposited in this office the title of a Book, the right whereof he claims as proprietor, 
 in the words and figures following, to wit : 
 
 " History of New- York, from tlie first discovery to the year m.dcc.xxxii. To which is 
 annexed, a description of the country, with a short account of the inhabitants, their reli- 
 gious and political state, and the constitution of the courts of justice in that colony. 
 
 " Lo ! swarming o'er the new discover'd world, 
 *' Gay colonies extend ; the calm retreat 
 
 Of undeserv'd distress Thomson. 
 
 " Nec minor est virtus^ quam qumrere, parta tueri. 
 
 " By William Smith, A. M- With a continuation, from the year 1732, to the commence- 
 ment of the year 1814." 
 
 In conformity to the act of the Congress of the United States, entitled " An act for the 
 t^ncouragement of learning, by securing the copies of maps, charts and books to the authors 
 and proprietors of such copies, during the time therein mentioned." And also to an act, 
 entitled " an act supplementary to an act, entitled an act for the encouragement of learn- 
 ing, by securing the copies of maps, charts, and books to the authors and proprietors of 
 such copies, during the times therein mentioned, and extending the benefits thereof to 
 the arts of designing, engraving and etching historical and other prints." 
 
 THERON RUDD, Clerk of the District of New-York. 
 
AD VER TISEMENT. 
 
 xN point of wealth, resources and importance, the 
 state of New- York is second to none in the Uniono 
 She has been the theatre of interesting transactions 
 since her first colonization. The ambitious views of the 
 aspiring court of France, while it controuled the Cana- 
 das, were frequently directed to her subjugation : and 
 in repelling the incursions of the French and Indians, 
 much of her blood has been drawn, and much of her 
 treasure dissipated. The history of the foimders of 
 this state is crouded with striking incidents. With a 
 bravery and vigour of soul, which, were they recorded 
 in Grecian or Roman history, would have exalted their 
 names, they defended their territory against invasion, 
 and their civil and religious rights from the encroach- 
 ments of arbitrary power. In truth, they possessed 
 an unusual portion of that proud spirit of freedom, 
 which looks indignantly upon chains, and spurns 
 coercion. In reviewing the conduct of our ancestors, 
 we find much to swell our bosoms with honourable 
 pride. 
 
 Little attention, however, has, hitherto, been directed 
 to the history of this state. While New-Hampshire, Mas- 
 sachusetts, Connecticut, Vermont, and some other states, 
 possess accurate and valuable historical memoirs, of 
 recent date. New- York lias been, for the last seventy 
 yenvB, entirely neglected. The history by .Judge 
 
vi. 
 
 Smith, is a work of established reputation, but it closes 
 "when the more interesting events of our history begin 
 to develope. To supply this deficiency, as far as pro- 
 gress has been made, is the object of the continuation 
 to the present work. How far, and how successfully 
 this has been accomplished, is left to the decision of 
 the candid and impartial reader. 
 
 The historical facts have been collected from official 
 documents, so far as these were accessible ; and where 
 these were deficient recourse has been had to such 
 other sources as were entitled to credit. 
 
 In copying Smith's history, few deviations from his 
 mode of spelling the names of places, particularly such 
 as are derived from the aboriginal tongues, have been 
 made. It is believed that he adopted the mode of spell- 
 ing which conveyed most clearly the sound of Indian 
 wotds. 
 
TO THE RIGHT HONOURABLE 
 
 EARL OF HALIFAX, VISCOUOT SUNBURT^ 
 First Lord Commissioner of Trade and Plantations, &€. &c. 
 MY LORD, 
 
 I BEG your favourable acceptance of this short account of the 
 ancient and present state of the province of New- York, 
 
 It is not presented for your lordship's information. All the world 
 knows that the affairs of the British colonies have been, for sevei'al 
 years past, under your principal direction : and the wisdom of the mea- 
 sures pursued for their prosperity and defence, are indisputable argu- 
 ments of your acquaintance with their condition. 
 
 Nor am I induced to inscribe these pages to your lordship by inte- 
 rest, the common motive to addresses of this kind. Being, therefore, 
 uninfluenced by the principle, I shall not follow the example, of dedi- 
 cators ; but suppress those sentiments concerning your lordship, which 
 would, nevertheless, give offence only to j^ourself, and to those who 
 envy your talents and your virtues, and are enemies to their effects, 
 your reputation, and your power. 
 
 My lord, your ardent attention to the American plantations, and as- 
 siduous labours for their protection and growth, have laid us under the 
 most indispensable obligations to gratitude. 
 
 Your lordship will, therefore, excuse me for embracing this opportu- 
 nity to make a publick declaration of the deep sense I have of your 
 kind offices to my country, and to do myself the honour of testifying, 
 that 
 
 T am, my lord, your lordship's 
 
 Most obedient and most humble servant, 
 
 wii^MAM smith: 
 
 New-York, June 15, 1 
 
PREFACE, 
 
 ^^HOEVER considers the number and extent of 
 the British colonies, on this continent ; their climates, 
 soil, ports, rivers, riches, and numberless advantages, 
 must be convinced of their vast importance to Great 
 Britain ; and be at a loss to account for the ignorance 
 concerning them, which prevails in those kingdoms, 
 whence their inhabitants originally sprang. The mer- 
 chants, indeed, by profitable experience, have not been 
 altogether unacquainted with our trade and our growth 
 — and some gentlemen of an inquisitive turn, by the 
 help of their correspondents, have obtained the know- 
 ledge of many other particulars equally important. 
 But the main body of the people conceive of these 
 plantations, under the idea of wild, boundless, inhos- 
 pitable, uncultivated deserts; and hence the punish- 
 ment of a transportation hither, in the judgment of 
 most, is thought not much less severe, than an infa- 
 mous death. -Nay, appealing to facts, we may safely 
 assert, that even the publick boards, to whose care 
 these extensive dominions have been more especially 
 committed, attained but lately, any tolerable acquaint- 
 ance with their condition. This is the more to be 
 "wondered at, as it is natural to imagine, that the king's 
 governours have statedly transmitted full accounts of 
 
 2 
 
X 
 
 Preface, 
 
 their respective provinces. Tiie case has been quite 
 otherwise. Governments were heretofore too often 
 bestowed upon men of mean parts, and indigent cir- 
 cumstances. The former w^ere incapable of the task, 
 and the latter too deeply engrossed by the sordid 
 views of private interest, either to pursue or study our 
 commonweal. The w^orst consequences have result- 
 ed from these measures. Perpetual animosities being 
 engendered between the governours, and the people 
 subjected to their authority ; all attempts for conciliat- 
 ifig the friendship of the Indians, promoting the fur 
 trade, securing the command of the lakes, protecting 
 the frontiers, and extending our possessions far into 
 the inland country, have too often given place to par- 
 ty projects and contracted schemes, equally useless 
 and shameful. The conduct of the French has been 
 jiist the reverse : in spite of all the disadvantages of a 
 cold climate, a long and dangerous navigation up 
 the river of St. Lawrence, a rough, barren, unsettled^^ 
 country, locked up from all communication with the 
 ocean, the greatest part of the year ; I say, notwith- 
 standing these difficulties, they have seized all m ^ ad- 
 vantages which we have neglected. The continent, 
 for many hundred leagues, has been thoroughly ex- 
 plored, the main passes fortified, innumerable tribes 
 of Indians, either won ovei' to their interest,! subdued 
 or bridled, the fur trade engrossed, a communication 
 maintained between the extremes of New-France, the 
 British colonies restricted to scant limits along the sea 
 
 * " Encore moins peupl(6." Charlevoix, 
 
 t " Notre nation, la seule, qui ait eu le secret de gagner raffectioB 
 des Ameriquains." Charlevoix. 
 
Prefajce. 
 
 sliore, and nothing left remaining for the establishment 
 of a vast empire, but to open a free water passage to 
 the ocean, by the conquest of the province of New- 
 York. 
 
 If the governours of these plantations had formerly 
 been aniuiated by the same generous and extensive 
 views, which inspired Mr. Burnet ; the long proje* ted 
 designs of our common enemy might, with the aid of 
 Great Britain, have been many years ago supplanted, 
 or at least defeated, at a trifling expense. But, alas ! 
 little, too little, attention has been had to these impor- 
 tant affairs, till the late encroachments on the river 
 Ohio, in the province of Pennsylvania, ^ave the alarfn^ 
 and the ministry were apprised of the French machi- 
 nations, by the seasonable representations of General 
 Shirley ; and if the colonies have now attracted the 
 notice of his majesty and his parliament, their grateful 
 acknowledgements are due principally to the noble 
 lord, to whom these sheets are dedicated, for his laud- 
 able enquiries into their state, and his indefatigable 
 zeal and industry for their defence and prosperity. 
 
 At present our affairs begin to wear a more smiling 
 aspect. We are und^T the guardianship of a sovereign 
 who delights in the v/elfare of his people ; are respect- 
 ed by a parliament, affected with a generous sympa- 
 thy for the distresses of their fellow subjects, in all 
 their dispersions ; and by a wise improvement of the 
 British aids, it is hoped, we shall be able to retrieve 
 the ill consequences of our long, reproachful, and in- 
 sensible security. 
 
 Formerly the colonies were, at home, disregarded 
 and despised, nor can any other reason be assigned for 
 it, than that they were unknown. This is, in a great 
 
xii Preface. 
 
 degree, to be imputed to ourselves. If our governours 
 withheld those informations, which their duty required 
 them to have given, persons of private character ought 
 to have undertaken that useful and necessary task. 
 But, except some accounts of the settlements in the 
 Massachusetts' Bay and Virginia, all the other histo- 
 ries of our plantations upon the continent are little 
 else than collections of falsehoods, and worse than 
 none. That this charge against those published con- 
 cerning this province, in particular, can be fully sup- 
 ported, I persuade myself, will incontestably appear 
 from the following summary, concerning which I shall 
 say a few words. 
 
 Having been formerly concerned, according to an 
 appointment by act of assembly, in a review and di- 
 gest of our provincial laws, it was the duty of myself, 
 and my partner in that service, to peruse the minutes 
 of the council, and the journals of the general assem- 
 bly, from the glorious revolution, at the accession of 
 king William, to the year 1751 : and as an acquaint- 
 ance with our publick transactions, was a branch of 
 instruction, of which a student for the profession of 
 the law ought not to be ignorant, I have since re- 
 examined those entries, beginning with the first min- 
 utes of council, and read over many of the records 
 in the secretary's office. From these authentick ma- 
 terials, the following pages were, in a great measure, 
 compiled. For many of those parts, which concern 
 our affairs with the French and the Indians, antece- 
 dent to the peace of Ryswick, in 1697, I am bound to 
 make liberal acknowledgments to Dr. Golden, the au- 
 thor of the history of the Five Nations. 
 
Preface. 
 
 xiii 
 
 Mr, Alexander, a gentleman eminent in the law, 
 and equally distinguished for his humanity, generosi- 
 ty, great abilities, and honourable stations, supplied 
 me with some useful papers ; and has left behind 
 him a collection, that will be very serviceable to any 
 gentleman who may hereafter incline to continue this 
 narrative, through the administrations of Mr. Cosby, 
 and lieutenant governour Clarke. The draught of 
 this work was unfinished, at the time of Mr. Alexan- 
 der's decease and therefore, as it never passed un- 
 der his examination, many important additions are 
 lost, which his long and intimate acquaintance with 
 the affairs of this province would have enabled him to 
 supply. 
 
 When I began to frame this digest, it was only in- 
 tended for private use ; and the motives, which now 
 induce me to publish it, are the gratification of the 
 present thirst in Great Britain after American intelli- 
 gences : contributing, as far as this province is con- 
 cerned, to an accurate history of the British empiref 
 in this quarter of the world ; and the prospect of do- 
 ing some small service to my country, by laying be- 
 fore the publick a summary account of its first rise and 
 present state. 
 
 Influenced by these views, I am not so regardless 
 of the judgment of others, as not to wish it may be, in 
 
 * He died on the 2d of April, 1756. 
 
 f As the proviuces are different in their constitutions, and with 
 respect to government, independent of each other ; no general history 
 of America can be expected, till gentlemen of leisure will draw up 
 particular accounts ©f the respective colonies with which they are 
 acquainted. 
 
Preface. 
 
 some measure, acceptable. To please all sorts of read- 
 ers I know is impossible : he who writes with such 
 hopes, is a stranger to human nature, and will be in- 
 fallibly disappointed. My design is rather to inform 
 than please. He who delights only in pages j^hining 
 with illustrious characters, the contentions of armies^ 
 the rise and fall of empires, and other grand events, 
 must have recourse to the great authors of antiquity, 
 A detail of the little transactions, w^hich concern a co- 
 lony, scant in its jurisdiction, and still struggling with 
 the difficulties naturally attending its iiifant state, to 
 gentlemen of this taste, can furnish no entertainment. 
 The ensuing narrative, (for it deserves not the naine of 
 a history, though for brevity's sake I have given it 
 that title) presents us only a regular thread of simple 
 facts ; and even those unembellished with reflections, 
 because they themselves suggest the proper remarks, 
 and most readers will doubtless be best pleased with 
 their own. The sacred laws of truth have been in- 
 fringed neither by positive assertions, oblique, insidious, 
 hints, wilful suppressions, or corrupt misrepresenta- 
 tion. To avoid any censures of this kind, no reins have 
 been given to a wanton imagination, for the invention 
 of plausible tales, supported only by light probabili- 
 ties ; but choosing rather to be honest and dull, than 
 agreeable and false, the true import of my vouchers 
 hath been strictly adhered to and regarded. 
 
 With respect to its style, the criticks, in that branch 
 of literature, are at full liberty to condemn at their 
 pleasure. The main use of language is to express our 
 ideas. To write in the gay, pleasing pomp of diction, 
 is above my capacity. If any are disposed to blame 
 me for being too verbose, let it be remembered that 
 
Preface. 
 
 XT 
 
 this is the indefeasible right of my profession, founded 
 upon immemorial prescription. Perspicuity is all I have 
 endeavoured to maintain, nor am I at leisure to study 
 any higher attainments in language. 
 
HISTORY OF HEW-iTOKK:. 
 
 PART I. 
 
 From the Discovery of the Colony to the Surrender 
 
 in 1664, 
 
 Christopher COLUMBUS, a Genoese^ em^ 
 ployed by Ferdinand and Isabel, king and queen of 
 Castile, was the first discoverer of America.^ He 
 sailed from St. Lucar in August, 1492, and made 
 sight of one of the Bahama islands on the eleventh of 
 October following. Newfoundland and the main con- 
 tinent, were discovered five years after, by Sebastian 
 Gabato, a Venetian, in the service of Henry VII. ot 
 England, from the 38th to the 68th degree of north 
 latitude* 
 
 On the tenth of April, 1606, king James I. for plant- 
 ing two colonies, passed the great north and 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 convenient, between 
 
 * Some authors alledge, that Coltimbus first olTered his services to 
 the republick of Genoa ; then to John II, of Portugal, and afterwards 
 to our king Henry YII \ but this disagrees with Lord Bacon's ac- 
 count, who informs us, that Christopher Cokimbus sailed, before hia 
 brother Bartholomew had laid the project before the king, which waf 
 owing to his falling into the hands of pirates c^d his way to Euglando 
 
 -3. 
 
18 
 
 History of New- York. 
 
 the 34th and 4 1st degrees of latitude : and all the landi^ 
 extending fifty miles, on each side, along the coast, one 
 hundred miles into the country, and all the islands 
 within one hundred miles opposite their plantations, 
 were granted in fee, to be called the first colony. By 
 the same patent, a like quantity was granted to Tho- 
 mas Henham, Esq. and others, for a plantation between 
 38 and 45 degrees of latitude, under the name of the 
 second colony. The first began a settlement in the 
 great bay, (Chesapeake) in 1607. The latter was plant- 
 ed at Plymouth, in INew-England, 1620. 
 
 Henry Hudson, an Englishman, according to our au- 
 thors, in the year 1608,^ under a commission from the 
 king his master, discovered Long Island, New- York, 
 and the river which still bears his name ; and afterwards 
 sold the country, or rather his right, to the Dutch* 
 Their writers contend, that Hudson was sent out by the 
 East-India company in 1609, to discover a north west 
 passage to China ; and that having first discovered Del- 
 aware bay, he came hither and penetrated up Hudson's 
 river, as far north as the latitude of 43^. It is said, 
 however, that there was a sale, and that the English ob- 
 jected to it, though they for some time neglected to 
 oppose the Dutch settlement of the country. 
 
 In 1610, Hudson sailed again from Holland to this 
 country, called by the Dutch, New-Netherland ; and 
 four years after, the States General granted a patent to 
 sundry merchants, for an exclusive trade on the North 
 
 Charlevoix, a French Jesuit, author of the General History of 
 New- France, thinks this discovery was in 1609, vol. I. 12nio. edition, 
 p. 221. But Stith, Douglas, Oldmixon, and other English writers 
 agree that Hudson's first voyage was in the preceding year* 
 
I 
 
 llislory of Nerv- York. 
 
 19 
 
 Kiver, who in 1614 built a fort, on the west side, near Al- 
 bany, which was first commanded by Henry Christiaens. 
 Captain Argal w as sent out by sir Thomas Dale, go- 
 vernour 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 re- 
 sist him, prudently submitted for the present to the king 
 of England, and under him to the governour of Vir- 
 ginia. The very next year, they erected a fort on the 
 south-west point of the island Manhattans, and two oth- 
 ers in 1623 : one called Good-Hope, on Connecticut 
 river, and the other Nassau, on the east side of Dela- 
 ware bay. The author of the account of New-Nether- 
 landf asserts, that the Dutch purchased the lands on 
 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 Riviertie, 
 to distinguish it from Connecticut river, known among 
 them, by the name of Varsche Rivier, w^hich Vandei- 
 donk also claims for the Dutch^ 
 
 ^ Charlevoix places this transaction in 1613. Vol. I. Hist, of New- 
 France, in 12mo, p. 210. But Stith, whom I follow, being a clergy- 
 man in Virginia, had greater advantages of knowing the truth than the 
 French Jesuit. 
 
 t The pamphlet is entitled, " Eeschryvinghe van Virginia, Neiuw 
 Nederland," &c. and was printed at Amsterdam in 1651. It contains 
 two descriptions of the Dutch possessions. The first is a copy of that 
 published by John De Laet, at Leyden. The second gives a view of 
 this country several years after, in 1649. A short representation of 
 the country of the Mahakuase Indians, written In 1644, by John Me- 
 gapolensis, jun. a Dutch minister residing Jiere, is annexed to that part 
 of the pamphlet concerning New-^ K clhorlaiid. 
 
20 
 
 History of New- York, 
 
 Determined upon the settlement of a colony, the States 
 General made a grant of the country, in 1621, to the 
 West-Ind-a company. Wouter Van Twiller, arrived at 
 Fort-Amsterdam, now New- York, and took upon him- 
 self the government in June, 1629. His style, in the pa- 
 tents granted by him, was thus, " We director and coun- 
 cil, residing in New-Netherland on the islafid Manhat- 
 tans, under the government of their high mightinesses, 
 the lords States General of the United Netherlands, and 
 the privileged West-India company," In his time the 
 New-England planters extended their possession West- 
 ward as far as Connecticut river. Jacob Yan Curlet, 
 the commissary there, protested against it, and in the 
 pecond year of the succeeding administration, under 
 William Kieft,''^ who appears first in 1638, a prohibi- 
 tion was issued, forbidding the English trade at fort* 
 GroodrHope ; and shortly after, on complaint of the in- 
 solence of the English, an order of council was made for 
 sending more forces there, to maintain the Dutch terri- 
 tories. Dr. Mather confesses, that the New-England 
 men first formed their design of settling Connecticut riv- 
 er in 1635, before which time, they esteemed that river, 
 at least 100 miles from any English settlement ; and that 
 they first seated themselves there in 1636, at Hartford, 
 near fort Good-Hope, at Weathersfield, Windsor, and 
 Springfield. Four years after, they seized the Dutch 
 garrison, and drove them from the banks of the river. 
 
 We have no books amoog our Dutch records remaiuing in the secrer 
 iary's office, relating to state matters, before Kieft'stime, nor any enrol- 
 ment of patents, till the year after Van Tuiiier arrived here. Mr. Ja- 
 ^gt> Qpelet supplied us mih several e^^tracts from the Dutch recQrds? 
 
History of NenhYovk. 
 
 21 
 
 having first settled New-Haven in 1638, regardless of 
 Kieft's protest against it. 
 
 The extent of New-Netherlandwasto Delaware, then 
 called South River, and beyond it ; for I find, in the 
 Dutch records, a copy of a letter from William Kieft, 
 May 6, 1638, directed to Peter Minuit^, who seems by 
 the tenour of it, to be the Swedish governour of New- 
 Sweden, asserting, 'Hhatthe whole South River of New- 
 Netherland, had been in the Dutch possession many 
 years above and belovf, beset with forts, and sealed 
 with their blood." Which Kieft adds, has hapj^ened 
 even during your administration " in New-Nethcrland, 
 and so well known to you." 
 
 The Dutch writers are not agreed in the extent of 
 Nova Belgia, pr New-Netherland ; some describe it to 
 be from Yirginia to Canada ; and others inform us, that 
 the arms of the States General were erected at Cape Cod, 
 Connecticut, and Hudson's river, and on the west side 
 of the entrance into Delaware bay. The author of the 
 pamphlet mentioned in the notes gives Canada river for 
 a boundary on the north, and calls the country, north 
 west from Albany, Terra Incognita. 
 
 * The anonymous Dutch author of the Descnption of I^ew-Nether- 
 land m 1649, calls him Minnewits ; and add«, that in ICSS he arrived 
 at Delaware Avith two vessels, pretending that he touched for refresh- 
 ment in his way to the W^est-Indies ; but that he soon threw off the 
 disguise, by employing his men in erecting a fort. The same historian 
 informs us, of the murder of several Dutch men, at South River, by 
 the Indians, occasioned by a quarrel, concerning tlie taking away the 
 States' arms, which the former had erected at the first discovery of that 
 country; in resenting which an Indian had been killed. IfKiefi's let- 
 ter alludes to this affair, then Minuit preceded Van T wilier, in the 
 .chief command here ; and being perhaps disobliged by tlie T)?i(ch, 
 centered into the service of the qiic^n oX S'tredrii. 
 
22 
 
 History of New-York. 
 
 In 1640, the English, who had overspread the eastern 
 part of Long Island, advanced to Oysterbay. Kieft 
 broke up their settlement in 1642, and fitted out two 
 sloops to drive the English out of Schuylkill, of vvhich 
 the Marylanders had lately possessed themselves. The 
 instructions, dated May 22, to Jan Jansen Alpendam, 
 who commanded in that enterprise, are upon record, 
 and strongly assert the right of the Dutch, both to the 
 soil and trade there- The English from the eastward 
 shortly after sent deputies to New-Amsterdam, for the 
 accommodation of their disputes about limits, to whom 
 the Dutch offered the following conditions, entered in 
 their books exactly in these words : 
 
 " Conditiones a D. Directore Gen. senatuys Novi 
 " Belgii, Doininis Weytingh atque Hill, Delegatis 
 " a nobili Senatu Hartfordiensi, oblatae : 
 Pro Agro nostro Hartfordiensi, annuo persolvent 
 Prsepotentiss, D. D. Ordinibus Foed. Provinciarum 
 Belgicarum aut eorum Vicariis, decimam Partem 
 Revcntiis Agrorum, turn Aratro, tum Ligone, aliove 
 Cultorum medio ; Pomariis, Hortisq ; Oleribus di- 
 " catis, Jugerum Hollandium non excedentibus ex- 
 " ceptis ; aut Decimarum Loco, Pretium nobile postea 
 " constituendum, tam diu quain diu possessores ejus- 
 dem Agri futuri erunt. Actum in Arce Amsteloda- 
 " mensi in novo Belgio, Die Julii 9 Anno Christi 1642.'' 
 We have no account that the English acceded to 
 these proposals, nor is it probable, considering their 
 superior strength, that they ever did : on the contrary, 
 fhey daily extended their possessions, and in 1643 the 
 colonies of the Massachusetts' Bay, Plymouth, Connect- 
 icut, and New-Haven, entered into a league both 
 against the Dutch and Indians, and grew so powerful 
 
History of New-York. 
 
 23 
 
 as to meet shortly after, upon a design of extirpating the 
 former. Tiie Massachusetts' Bay declined this enter- 
 prise, which occasioned a letter to Oliver^ Cromwell 
 from William Hooke, dated at New-Haven, November 
 3, 1653, in which he complains of the Dutch, for supply- 
 ing the natives with arms and ammunition, begs his assis- 
 tance with 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 af- 
 fairs would not admit of so distant an attempt, but 
 Richard Cromwell afterwards drew up instructions to his 
 commanders for subduing the Dutch here, and wrote let- 
 ters to the English American governments for their aid ; 
 copies of which are preserved in Thurloe's collection, 
 vol. 1. p. 721, &c. 
 
 Peter Stuy vesant was the last Dutch governour, and 
 
 * The war betweeo him and the States, which began in July, 1 652, 
 was concluded by a peace on the fifth of April, 1654. The treaty 
 makes no particular mention of this country. If any part of it can be 
 considered as relating to the American possessions, it is to be found in 
 the two first articles, which are in these words : " Imprimis, It is 
 agreed and concluded, that, from this day forwards, there be a true, 
 firm, and inviolable peace, a sincere, intimate and close friendship, 
 affinity, confederacy, and union, betwi'xtthe republick of England and 
 the States General of the United Provinces of the Netherlands, and the 
 lands, countries, cities, and towns, under the dominions of each, without 
 distinction of places, together with their people and inhabitants of what- 
 soever degree. 
 
 " 11. That hereafter all enmity, hostility, discord, and contentioo 
 betwixt the said republicks, and their people and subjects, shall cease, 
 and both parties shall henceforwards abstain from the committing all 
 manner of mischief, plunder, and injuries, by land, by sea, and on tlje 
 fresh waters, in all their lands, countries, domiuions, places, and govera- 
 ments Avhatsoever. 
 
 / 
 
24 
 
 Mistory of New- York. 
 
 though he had a commission in 1646, he did not begin 
 hk administration till May 27, 1647. The inroads and 
 claims upon his government, kept him constantly em- 
 ployed. New-England on the east, and Maryland on 
 the west, alarmed his fears by their daily increase ; and 
 about the same time captain Forrester, a Scotchman, 
 claimed Long Island for the dow^ager of Stirling. The 
 Swedestoo w ere perpetually incroaching upon Delaware* 
 Through the unskilfulness of the mate, one Deswyck, a 
 Swedish captain and supercargo arrived in Raritan riv- 
 er. The ship was seized, and himself made a prisoner 
 at New-Amsterdam. Stuyvesant's reasons were these- 
 In 1651, the Dutch built fort Casimir, now called New- 
 castle, on Delaware. The Swedes, indeed, claimed the 
 country, and Printz, their governour, formally protested 
 against the works. Risingh, his successor, under the 
 disguise of friendship, came before the fortress, fired 
 two salutes, and landed thirty men, who were entertain- 
 ed by the commandant as friends ; but he had no sooner 
 discovered the weakness of the garrison, than he made 
 himself master of it, seizing also upon all the ammuni- 
 tion, houses, and other effects of the AVest-India com- 
 pany, and compelling several of the people to swear 
 allegiance to Christina, queen of Sweden. The Dutch, 
 in 1655, prepared to retake fort Casimir. Stuyvesant 
 commanded the forces in person, and arrived with them 
 in Delaware the 9th of September. A few days after, 
 he anchored before the garrison, and landed his troops. 
 The fortress was immediately demanded as Dutch pro- 
 perty : Suen Scutz, the commandant, desired leave to 
 consult Risingh, which being refused, he surrendered 
 the 16th of September on articles of capitulation. The 
 tvhole strength of the place consisted of four cannon. 
 
History of New- York. 
 
 25 
 
 fourteen pounders, five swivels, and a parcel of small 
 arms, which were all delivered to the conquered. Fort 
 Christina was commanded by Risingh. Stuyvesant 
 came before it, and Risingh surrendered it upon terms 
 the 25th of September. The country being thus sub- 
 dued, the Dutch governour issued a proclamation, in 
 favour of such of the inhabitants, as would submit to the 
 new government, and about thirty Swedes swore, " Fi- 
 delity and obedience to the States General, the lords di- 
 rectors of the West-India company^ their subalterns of 
 the province of New-Netherlands, and the director 
 general then, or thereafter, to be established." Ri- 
 singh and one Elswych, a trader of note, were order- 
 ed to France, or England, and the rest of the Swedish 
 inhabitants to Holland, and from thence to Gottenbergi 
 The Swedes being thus extirpated, the Dutch became 
 possessed of the West side of Delaware bay, now call- 
 ed the three lower counties. 
 
 This country was afterwards uiidei* the command of 
 lieutenant-governours, subject to the controul of^ and 
 commissioned by, the director general at New- Amster- 
 dam. Johan Paul Jaquet was the first vice-director, or 
 lieutenant-governour, of South River. His successors 
 were Airicks, Hinqjossa and William Beekman. The 
 posterity of the last remains amongst us to this day^ 
 These lieutenants had power to grant lands, and their 
 patents make a part of the ancient titles of the present 
 possessors. Alrick's commission, of the 12th of Aprils 
 1657, shews the extent of the Dutch claim on the west 
 side of Delaware at that time. He was appointed Di- 
 rector general of the colony of the South River of New- 
 Netherlands, and the fortress of Casimir, now called 
 Niewer Ararstel, with all the lands depending thereon/ 
 
 4 
 
History of New-YorJc. 
 
 according to the first purckase and deed of release of 
 the natives, dated July 19, 1651, beginning 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. appur- 
 tenances, and dependencies.^ Of the country north- 
 ward of the kill, no mention is made. Orders in 1658^ 
 were given to William Beekman to purchase Cape Hin- 
 lopen from the natives, and to settle and fortify it, 
 which, for want of goods, was not done till the succeed- 
 ing year. 
 
 In the year 1659, fresh troubles arose from the Mary- 
 land claim to the lands on South River ; and in Septem- 
 ber Colonel Nathaniel U tie, as commissioner from Feu- 
 dal lord Baltimore's governour, arrived at Niewer Am- 
 stel from Maryland. The country was ordered to be 
 evacuated, lord Baltimore claiming all the land, be- 
 tween 38 and 40 degrees of latitude, from sea to sea. 
 Beekman and his council demanded evidence of his 
 lordship's right, and offered to prove the States General's 
 grant to the West-India company, their payment to 
 them for the land and possession ; and upon the whole 
 proposed to refer the controversy to the republicks of 
 England and Holland, praying at the same time, three 
 weeks to consult Stuyvesant, the general. The com- 
 missioner, notwithstanding, a few days after, warned 
 him to draw of, beyond the latitude of 40'' : but Beek- 
 man disregarded the threat. Colonel Utie thereupon re- 
 turned to Maryland, and an immediate invasion was ex- 
 pected. 
 
 Early in the spring of the y ear 1660,. Nicholas Vai?^ 
 
History of New-York. 
 
 3etli, and Brian Newton, were dispatched from fort Aim 
 sterdam to Virginia, in quality of ambassadors, with 
 full power to open a trade, and conclude a league, of- 
 fensive and defiensive against the barbarians. William 
 Berckley, the governour, gave them a kind reception, 
 approved their proposal of peace and commerce, which 
 :Sir Henry Moody was sent here to agree upon and per- 
 fect Four articles, to that purpose, were drawn up, 
 and sent to the governour for confirmation. Stuyve- 
 sant artfully endeavoured, at this treaty, to procure an 
 acknowledgement of the Dutch title to the country, 
 which Berckley as carefully avoided. This was his aq.^ 
 5wer : 
 
 Sir, 
 
 I have received the letter, you w^ere pleased t(D 
 send me, by Mr. Mills his vessel, and shall be ever 
 ready to comply with you; in all acts of neighbourly 
 friendsliip and amity. But truly, sir, you desire me to 
 do that, concerning your titles, and claims to land, in 
 this northern part of America, which I am in no capa- 
 city to do ; fori am but a servant of the Assembly's: 
 neither do they arrogate any power to themselves, far- 
 ther than the miserable distractions of England force 
 them tOe 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. We shall 
 Fery shortly meet again, and then, if to them you signi- 
 
28 
 
 tUstory, of New- York. 
 
 fy your desires, I shall labour all I can, to get you a 
 satisfactory answer. 
 
 " I am, sir, 
 
 " Your humble servant, 
 " William Berckley/^ 
 
 « Virginia, August 20, 1 660." 
 
 Governour 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 
 pathe tick, representing the desperate situation of affairs 
 on both sides of the New-Netherlands, he writes, " Your 
 honours imagine, that the troubles in England will pre- 
 vent any attempt on these parts : alas ! they are ten 
 to one in number to us, and are able without any assis- 
 tance, to deprive us of the country when they please.'" 
 On the 25th of June, the same year, he informs them, 
 that the demands, encroachments, and usurpation, of 
 the English, gave the people here great concern. The 
 right to both rivers, says he, by purchase and possession 
 is our ow n, without dispute. We apprehend, that they, 
 our more powerful neighbours, lay their claims under a 
 royal patent, which we are unable hitherto to do in 
 your name.^" Colonel Utie being unsuccessful the 
 
 * If we should argue, from this letter, that the West-India company 
 had Qo grants of the New-Netherlands, from the States General, as 
 some suppose, we discredit De Laet's History, dedicated to the States 
 in 1624, as well as all the Dutch writers, and even Stuyvesant himself,^ 
 •who, in his letter to Richard Nicolls, at the surrender, asserts that 
 they had a grant, and shewed it under seal to the English deputies. 
 But the genuine construction of the Dutch governour's letter, is this, 
 that in 1 660, he had not the patent to the West-India company, to lay 
 before Ih^ English ip America, who disputed the Dutch right to this 
 countVy. 
 
History of New-York. 
 
 59 
 
 last year, in his embassy for the evacuation of the. 
 Dutch possessions on Delaware, Lord Baltimoie, in au- 
 tumn, 1660, applied, by captain Neal, his agent, to the 
 West-India company, \ in Holland, for an order on the 
 inhabitants of South River to submit to his authority^, 
 which they absolutely refused, asserting their right to 
 that part of their colony. 
 
 The English, from New-England, were every day en- 
 croaching upon the Dutch. The following letter, from 
 Stuyvesant to the West-India company, dated Jidy 21^ 
 1661, shews the state of the colony at that time, on both 
 sides. We have not yet begun the fort on Long Is- 
 land, near Oysterbay, because our neighbours lay the 
 boundaries a mile and an half more westerly, than we 
 do, and the more as your honours, by your advice of 
 December 24, are not inclined to stand by the treaty of 
 Hartford, and propose to sue for redress on Long Island 
 and the Fresh Water River, by means of the States' am- 
 bassador. Lord Sterling is said to solicit u 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 obtained. But 
 more probable, and material, is the advice from Mary- 
 land, that Lord Balthnore's patent, which contains the 
 south part of South River, is confirmed by the king, 
 and published in print : that Lord Baltimore's natural 
 brother, who is a rigid papist, being made governoia- 
 there, has received Lord Baltimorei^s claim, and protest 
 to your honours in council, (wherewith he seems but lit- 
 tle satisfied) and has now^ more hopes of success. We 
 have advice from England, that there is an invasion in- 
 fended again^^t these parts, and the country solicited of 
 
30 
 
 History of New- York. 
 
 ihe king, the duke, and the parliament, is to be annex- 
 ed to their dominions ; and for that purpose, they desire 
 three or four frigates, persuading the king, that the 
 company possessed and held this country under an un-^ 
 lawfui title, having only obtained of king James leave 
 for a watering place on Staten Island, in 1623." 
 
 In August 1663, a ship arrived from Holland at 
 South River, with new planters, ammunition, and im- 
 plements of husbandry. Lord Baltimore's son landed a 
 little after, and Avas entertained byBeekman at Niewer 
 Amstek This w^as Charles, the son of Ceciiius, who in 
 1661, had procured a grant and confirmation of the pa- 
 tent, passed in favour of his father in 1632. The pa« 
 pistical principles of the Baltimore family, the charge of 
 colonizing, the parliamentary war with Charles I. and 
 Oliver's usurpation, all conspired to impede the settle- 
 ment of Maryland, till the year 1661. And these con- 
 siderations account for the extension of the Dutch li- 
 mits, on the west side of Delaware bay. 
 
 While the Dutch were contending with their Euro^ 
 pean neighbours, they had the art always to maintain a 
 friendship with the natives, until the war which broke 
 <jut this year with tlie 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 observ- 
 ed, that Oliver Cromwell was applied to, for his aid in 
 the reduction of this countrv, and that his son Richard 
 took some steps towards accomplisiiing the scheme ; 
 the work was however reserved for the reign of Charles 
 11. an indolent prince, and entirely given up to pleasure^ 
 ■who was driven to il, more perhaps, by the differences 
 
Histori/ of Nm-YorJc. 
 
 31 
 
 then subsisting between England and Holland, than by 
 any motive that might reflect honour upon his prudence, 
 activity, and publick spirit. Before this expedition, the 
 king granted a patent on the 12th of March, 1664, to hi^s 
 brother, the duke of York and Albany, for sundry 
 tracts of land in A merica, the boundaries of which, be- 
 cause they have given rise to important and animated 
 debates, it may not be improper to transcribe. 
 
 " All that part of the main land of New-England, be-- 
 ginning at a certain place, called or known by the name 
 of St. Croix, next adjoining to New-Scotland in Ameri- 
 ca, and from thence extending along the sea coast, unto 
 a certain place called Pemaquie, or Pemequid, and m 
 up the river thereof, to the furthest head of the same, 
 as it tendeth northward ; and extending from thence^ 
 to the river of Kimbequin, and so upwards, by the 
 shortest course, to the river Canada northward : and 
 also all that island, or islands, commonly called by the 
 several name or names of Meitowacks, or Long Island^ 
 situate and being towards the west of Cape Cod, and 
 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, to- 
 gether also with the said river, called Hudson's river^ 
 and all the land from the West side of Connecticut 
 river, to the east side of Delaware bay, and also, all 
 those several islands, called or known by the names of 
 Martin's Vineyard, or Nantuck's, otlierwise Nantucket : 
 together, &:c. '^ 
 
 Part of this tract was conveyed by the duke, to Jolm 
 lord Berkley, baron of Stratton, and sir George Car- 
 teret of Saltrum in Devon, w^ho were then members of 
 the king's council. The lease was for the considera* 
 
History of New- York. 
 
 tion of ten shiJlings, and dated the 23d of June, 1664 - 
 The release, dated the next day, mentions no particu- 
 lar sum of money, as a consideration for the grant of 
 the lands, which have the following description : 
 
 " All that tract of land, adjacent to New-England, 
 and lying and being to the westward of Long Island, 
 and bounded on the east part by the main sea, and 
 partly by Hudson's river ; and hath upon the west, 
 Delaware bay^ or river, and extendeth southward, to 
 the main ocean as far as Cape May, at the mouth of 
 Delaware bay : and to the northward, as far as the 
 northermost branch of the said bay or river of Delaware^ 
 which is forty one degrees and forty minutes of lati« 
 tilde : which said tract of land is hereafter to be called 
 by the name, or names of Nova Caesarea, or New- 
 Jersey.'' 
 
 Thus the New-Netherlands became divided into New- 
 Jersey, so called after the isle of Jersey, in compli- 
 ment to sir George Carteret, whose family came from 
 
 thence ; and New- York, which took its name in hon- 
 our of the duke of York. 
 
 The Dutch inhabitants, by the vigilance of their gov- 
 ernour, were not unapprised of the designs of the 
 English court against them, for their records testify^ 
 that on the 8th of July, " The general received intel- 
 ligence, from one Thomas Willet, an Englishman, that 
 an expedition was preparing in England, against this 
 place, consisting of two frigates of 40 and 50 guns, and 
 a fly boat of 40 guns, having on board three hundred 
 soldiers, and each frigate one hundred and fifty men. 
 and that they lay at Portsmouth, w aiting for a wind.'" 
 News arrived also from Boston, that they had already 
 set sail. The burgomasters were thereupon called into 
 
History of New- York. 
 
 33 
 
 council. The fortress was ordered to be put into a posture 
 of defence, and spies sent to Milford and Westchester 
 for intelligence. Boston was in the secret of the ex- 
 pedition, for the general court had in May preceding, 
 passed a vote for a supply of provisions, towards re* 
 freshing 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 20th 
 of July* Richard Nicolls and Sir George Carteret, two 
 of the commissioners, were on board the Guyny^ and 
 fell in first with Cape Cod* The winds having blowii 
 from the southwest, the other ships, Avith Sir Robert 
 Carr, and Mr„ Mavenick, the remaining commissioners^ 
 were rightly concluded, to be driven to the eastwards 
 After dispatching a letter to Mr. Winthrop, the go« 
 vernour of Connecticut, requesting his assistance. Colo- 
 nel Nicolls, proceeded to Nantasket, and thence to 
 Boston. The other ships got into Piscataway. Johri 
 Endicot, a very old man^ was then go vernour of Boston^ 
 and incapable 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 urg- 
 ed in their excuse, were poverty and the Reason, it be- 
 ing the time of harvest ; but perhaps disaffection to the 
 Stewart family, whose persecuting fury had driven theiti 
 from their native country, was the trtie spring of their 
 tonduct. The king's success in the reduction of ,t)if 
 Dutch, evidently opened him a door to come at hiP 
 enemies ijpi New-England, whp werQ far fxom, being. 
 
34 
 
 History of Nerv-YorL 
 
 few ^ ; and whether this consideration might not have 
 given rise to the project itself, I leave to the conjectures 
 of others. 
 
 On the 27th of July, Nicolls and Carteret made a 
 formal request in writing, " That the governnient of 
 Boston would pass an act to furnish them with armed 
 men, who should begin their march to the Manhattans, 
 on the 20th of August ensuing, and promised, that if 
 they could get other assistance, they would give them 
 an account of it." The governour and council answer- 
 ed, that they would assemble the general court, and 
 communicate the proposal to them. 
 
 From Boston, a second letter was written to gover- 
 nour Wintlirop, in Connecticut, dated the 2Cth of .July, 
 in w4iich he w^as informed that the other ships w^ere 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 ^ of Au- 
 gust, at Fort Anil, directed to the commanders of the 
 English frigates, by John Declyer, one of the chief 
 council, the Rev. John Megapolensis, minister, Paul 
 
 • * T. Dixwel, Esq. one of Charles^ I. judges, and excepted out of 
 the general pardon, lived many years at ]Vew-Haven, incog, in quaiiij 
 of a country merchant : Sir Edoiond Andross, in one of his tours 
 through the colony of Connecticut, saw hint] there at church, and 
 strongly suspected him to be one of the regicides. In his last illness, 
 Tie revealed himself to the minister of the town, and ordered a small 
 stone to be set at the head of his grave, which J have often seen there, 
 -inscribed T. D; Esq, . While at JS Ov-Haven* he went under the mme 
 of John Davis, 
 
History of New-York. 
 
 35 
 
 Lunder Vander Grilft, major, and Mr. Samuel Mega- 
 polensis, doctor in physic, with the utmost civility, to 
 desire the reason of their approach, and continuing in 
 the harbour of Naijarlij, without giving notice to the 
 Dutch, which (he writes) they ought to have doge. 
 
 Colonel NicoUs answered the next day with a sum- 
 mons. 
 
 To the honourable the governour, and chief council 
 
 at the Manhattans- 
 " Right worthy sirs, 
 
 " I received a h-tter by some worthy persons intrust- 
 ed by you, bearing date the of August, desiring 
 to know the intent of the approach of the English 
 frigates ; in return of which, I think it fit to let you 
 know, that his majesty of Great Britain, whose right and 
 title to these p^rts of America is unquestionable, well 
 knowing feow much it derogates from his crown and 
 dignity, to suffer any foreigners, how near soever they 
 be allied, to usurp a dominion, and without his majesty's 
 royal consent, to inherit in these, or any other of his 
 majesty's territories, hath commanded me, in his name, 
 to require a sm render of all such forts, towns, or places 
 ofstrengthj which are now^ possessed by the Dutch, un- 
 der your commands ; and in his majesty's name, I do 
 demand the town, situate on the island, commonly 
 known by the name of Manhattoes, with all the forts 
 thereunto belonging, to be rendered unto his majesty's 
 obedience and protection, into loy hands. I am farther 
 commanded to assure you, and every respective inha- 
 bitant of the Dutch nation, that his majesty being ten- 
 der of the effusion of Christian blood, doth by these 
 presents, confirm and secure to every man his estate, 
 Hfej and liberty, who shall readily subiuit to his gavtf^rii- 
 
History oj New-York. 
 
 Hient. And all those who shall oppose his majesty^g 
 gracious intention, must expect all the miseries of a 
 war, which they bring upon themselves. I shall ex- 
 pect your answer by these gentlemen, Colonel George 
 Ca) leijt^t, one of his majesty's commissioners in Ameri- 
 ca ; Captain Robert Needham, Captain Edward Groves, 
 and Mr. Thomas Delavall, whom you will entertain 
 with such civility as is due to them, and yourselves^ 
 ^nd yours shall receive the same, from 
 
 «^ Dated on board his Worthy sirS, 
 
 majesty's ship, the 
 
 Guyny, riding be- Yojur very humble servant, 
 
 fore Nay ch, the|^ -r*- 
 
 of Aug. 1664. Richard NicoUs'^ 
 
 Mr. Stuyvesant promised an answer to the summons 
 the next morning, and in the mean time convened the 
 council and burgomasters. The Dutch governour was 
 a good soldier, and had lost a leg in the ser^ce of the 
 States* He would willingly have made a defence ; and 
 refused a sight of the summons, both to the inhabitants 
 pnd burgomasters, lest the easy terms offered, might 
 induce them to capitulate. The latter, however, insist- 
 ed upon a copy, that they might communicate it to the 
 late magistrates and principal burghers. They called 
 together the inhabitants at the s|,adt house, and acquaint- 
 ed them with the governour's refusal. Governour Win- 
 throp, at the same time, wrote to the director and his 
 council, strongly recommending a suixender. On the 
 
 22d of Augiist, the biirgomasters came again into 
 council, and desired to know the contents of the Eng- 
 lish message from Governour Winthrop, which Stuyve-* 
 sant still refused. They continued their importunity 5 
 and he, in a fit of anger, tore it to pieces : upon which^ 
 |hey protested against tiie ^ct and all Us coii.sequencQg. 
 
History of New-York. 
 
 Determined upon a defence of the coutitty, Stuyvesant 
 wrote a letter in answer to the summons, which, as it h 
 historical of the Dutch claim, will doubtless be accepts 
 able to the reader. The following is an ^xact Irans^ 
 eript of the record. 
 My Lords, 
 
 " Your first letter, unsigned, of the |f August, tof 
 gether with that of this day, signed according to form^ 
 being the first of September, have been safely deliver^^t 
 into our hands by your deputies, unto which we shall 
 say. That the rights of his majesty of England, unt# 
 any part of America hereabout, amongst the rest, unto 
 the colonies of Virginia, Maryland, or others in New- 
 England, whether disputable or not, is that which for 
 the present, we have no design to debate upon. But 
 that his majesty hath an indisputable right, to all the 
 lands in the north parts of America, is that, which the 
 kings of France and Spain will disallow, as we abso- 
 lutely do, by virtue of a commission given to me, by my 
 lords, the high and mighty States General, to be gover- 
 nour general over New-Holland, the Isles of Curacoa^ 
 Bonaire, Aruba, with their appurtenances and depen- 
 dencies, bearing date the 26th July, 1646. As also by* 
 virtue of a grant and commission, given by my said 
 lords, the high and mighty States General, to the West- 
 India company, in the year 1621, with as much power 
 and as authentick, as his said majesty of England hath 
 given, or can give, to any colony in America, as more 
 fully appears by the patent and commission of the saii 
 lords, the States General, by them signed, registered, 
 and sealed with their great seal, which were shewed to 
 your deputies. Colonel George Carteret, Captain Ro- 
 Jiert Needham^ C^tain Edward Groyes, and Mr. Tho* 
 
38 
 
 Histe^ry of New-York. 
 
 mas Delara^ll ; by which commission and patent^ tOr 
 gether (to deal frankly with you) and by divers letters, 
 5*igned and sealed by our said lords, the States General, 
 directed to seyeral persons, both English and Dutch, in- 
 habiting the tow^ns and villages on Long Island, (which 
 without doubt, have been produced before you, by 
 those inhabitants) by which they are declared and ac- 
 knowledged to be their subjects, with express com- 
 mand, that they continue faithful unto them, under 
 penalty of incurring their utmost displeasure, which 
 makes it appear more clear than the sun at noon day, 
 that your first foundation, viz. (that the right and title 
 of his majesty of Great Britain, to these parts of Amer- 
 ica is unquestionable) is absolutely to be denied. More- 
 over, it is without dispute, and acknov/ledged by the 
 world, that our predecessors, by virtue of the com- 
 mission and patent of the said lords, the States General, 
 have without controul and peaceably (the contrary ne- 
 ver coming to our knowledge) enjoyed Fort Orange, 
 about 48 or 50 years, the Manhattans about 41 or 42 
 rears, the South River 40 years, and the Fresh Water 
 River about 36 years. Touching the second subject 
 of your letter, viz. " his majesty 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 w^e are so confident of the discr etion and equity of 
 liis majesty of Great Britain, that in case his majesty 
 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 Gene- 
 ral, fu-st of all in the years 1614, 1615 and 1616, up the 
 North Ftiver, near Fort Orange, where, ^to hinder the* 
 
History of New- York. 
 
 39 
 
 Lnyasions and mass^icres, commonly committed by IIm 
 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 governours of the West-India 
 company ; and moreover, in the year 1656, a giant to 
 the honourable the burgomasters of Amsterdam, of the 
 South River ; insomuch, that by virtue of the above- 
 said commissions from the high and mighty States Gene- 
 ra], given to the persons interested as aforesaid, and 
 others, these provinces have been governed, and con« 
 sequently enjoyed, as also in regard of their first dis- 
 covery, uninterrupted possessions, and purchase of the 
 lands of the princes, natives of the country, and other 
 private persons (though gentiles) w^e make no doubt, 
 that if his said majesty of Great Britain, were well in- 
 formed of these passages, he would be too judicious to 
 grant such an order, principally in a time when there is 
 so straight a friendship, and confederacy, between our 
 said lords and superiors, to trouble us in the demanding 
 and summons of the places and fortresses, which were 
 put into our hands, with order to maintain Ihem, in the 
 name of the said lords, the States General, as was made 
 appear to your deputies, under the naiiies and seal of 
 the said high and mighty States General, dated the 28th 
 of July, 1646. Besides what had been mentioned, there 
 is little probability, that his said majesty of England 
 (in regard to the articles of peace are printed, and were 
 recommended to us to observe seriously and exactly, 
 by a letter written to us by our said lords, the States 
 .General, and to cause them to be observed religiously 
 in this country) would give order touching so danger- 
 ous a design, being also so apparent, that none other 
 than my said lords, the States GeneraL have any right 
 
History of Nm-York. 
 
 let these provinces, and consequently, ought to com-^ 
 inand and maintain their subjects, and in their absence, 
 we the governour general are obliged to maintain their 
 rights, and to repel and take revenge of all threaten- 
 ings, unjust attempts, or any force whatsoever, that 
 shall be committed against their faithful subjects and 
 inhabitants, it being a very considerable thing, to affront 
 so mighty a state, although it were not against an ally 
 and confederate; Consequently, if his said majesty 
 (as it is fit) were well informed, of all that could be 
 spoken upon this subject, he would not approve of what 
 expressions were mentioned in your letter ; which are, 
 that you are commanded by his majesty, to demand in 
 his name, such places aad fortresses as are in the pos- 
 «ssi6n of the Dutch under my government ; which, sis 
 it appeara by my commission before mentioned, wai 
 givea me by my lords, the high and mighty States Gen- 
 fcraL And there is less ground in the express demand 
 of my government, since all the world knows, that 
 about three years ago, some English frigates being on 
 the coast of Africa, upon a pretended commission, they" 
 did demand certain places under the government of our 
 said lords, the States General, as Cape Vert, River of 
 Gambo, and all other places in Guyny, to them belong- 
 ing. Upon which, our said lords, the States General, 
 by virtue of the articles of peace, having made appear 
 the said attempt to his majesty of England, they receiv- 
 ed a favourable answer, his said majesty disallowing all 
 mich acts of hostility, as might have been done, and 
 feesides, gave order, that restitution should be made, to 
 the East-India company, of whatsoever had been pillag-^ 
 ed, in the said river of Gambo ; and likewise restored 
 them to their trade^ which makes us think it necessary^ 
 
History of New-York. 
 
 41 
 
 that a more express order should appear unto us, as a 
 sufficient warrant for us, towards my lords, the high and 
 mighty States General^ since by rirtue of our said com- 
 mission, we do in these provinces, represent them, as 
 belonging to them, and not to the king of Great Britain, 
 except his said majesty, upon better grounds, makes it 
 appear to our said lords, the States General, against 
 which they may defend themselves, as they shall think 
 fit. To conclude : We cannot but declare unto you, 
 though the governours and commissioners of his majesr 
 ty have divers times quarrelled with us, about the 
 bounds of the jurisdiction^ of the high and mighty * the 
 States General, in these parts, yet they never question- 
 ed their jurisdiction itself; on the contrary, in the yeat 
 1650, at Hartford, and the last year at Boston, they 
 treated with us upon this subject, which is a sufficient 
 proof, that his majesty hath never been well informed 
 df the equity of our cause, insomuch as we cannot ima- 
 gine, in regard of the articles of peace, between the 
 crown of England and the States General, (under whom 
 there are so many subjects in America, as well as Eu- 
 i*ope) that his said majesty of Great Britain would give 
 a commission to molest and endamage the subjects of 
 my said lords, the States Genera], especially such, a§ 
 ever since fifty, forty, and the latest thirty-six years, 
 have quietly enjoyed their lands, countries, forts, and 
 inheritances ; and less, that his subjects would attempt 
 any acts of hostility, or violence against them : and in 
 case that you will act by force of arms, we protest and 
 declare, in the name of our said lords, the States Gen- 
 eral, before GOD and men, that you will act an unjust 
 violence, and a breach of the articles of peace, so 
 solemnly sworn, agr^d upon, and ratified by hi^ rn^^ 
 
 6 
 
42 
 
 History of New-York. 
 
 iy of England, and my lords, the Slates General, and 
 the rather, for that to prevent the shedding of blood, 
 in the month of Fel)ruary last, we treated with Captain 
 John Scott, (who reported he had a commission from 
 his said majesty) touching the lin^its of Long Island, 
 and concluded for the space of a year ; that in the mean 
 time, the business might be treated on between the king 
 of Great Britain, and my lords, the high and mighty 
 States General : and again, at present, for the hindrance 
 and prevention of all differences, and the spilling of 
 innocent blood, not only in these parts, but also in 
 Europe, we offer unto you, a treaty by our deputies 
 Mr. Cornelius Van Ruyven, secretary, and receiver of 
 New-Holland, Cornelius Steenwyck, burgomaster, Mr, 
 Samuel Megapolensis, doctor of physic, and Mr. James 
 Cousseau, heretofore sheriff. As touching the threats 
 in your conclusion we have nothing to answer, only 
 that we fear nothings but what God (who is as just 
 as merciful) shall lay upon us ; all things being in his 
 gracious disposal, and we may as well be preserved by 
 him, with small forces, as by a great army^ which makes 
 us to wish you all happiness and prosperity, and re- 
 commend you to his protection. My lords, your thrice 
 humble, and affectionate servant and friend, signed, P. 
 Stuyvesant. — At the fort at Amsterdam, the second 
 of September, new style, 1664." 
 
 While the Dutch governour and council were contend- 
 ing with the burgomasters and people in the city, the 
 English commissioners published a proclamation^^ in 
 
 It was in these words : " Forasmucli as his majesty hath sent us 
 by commissiou under the great seal of England, amongst other things, 
 Co expel, or to reduce to liis majesty's obedience, all such foreigners, 
 
History of Nerv-YorJc. 
 
 4^ 
 
 the country, encouraging the inhabitants to submit, and 
 promising them the king's protection and all the privi- 
 leges of subjects ; and as soon as they discovered by 
 Stuy vesant's letter, that he was averse to the surrender, 
 officers were sent to beat up for volunteers in Middle- 
 borough, Ulissen, Jamaica, and Hempsted. A Avarrant 
 was also issued to Hugh Hide, who commanded the 
 squadron, to prosecute the reduction of the fort ; and 
 an English ship then trading here, was pressed intp the 
 service. These preparations induced Stuyvesant to 
 write another letter, on the 25th of August, old style, 
 wherein, though he declares that he would stand the 
 storm, yet to prevent the spilling of blood, he had sent 
 John De Decker, counsellor of state, Cornelius Van 
 Ruyven, secretary and receiver, Cornelius Steenwyck, 
 major, and James Cousseau, sheriiF, to consult, if possi- 
 ble, an accommodation. Nicolls, who knew the dispo- 
 sition of the people, answered immediately from Gravesr 
 end, that he would treat about nothing but a surrender. 
 The Dutch governour, the next day, agreed to a treaty 
 
 as without his m8jesty''s leave and censent, have seated themselves 
 amongst any of his dominions in America, to the prejudice of his ma- 
 jesty's subjects, and diminution of his royal dignity ; we his said ma- 
 jesty's commissioners, do declare and promise, that whosoever, of 
 what nation soever, will, upon knowledge of this proclamation, acknow- 
 ledge and testify themselves, to submit to this his majesty's government, 
 as his good subjects, shall be protected in liis majesty's laws and jus- 
 tice, and peaceably enjoy whatsoever God's blessing, and their owa 
 honest industry, have furnished them with ; and all other privileges, 
 with his majesty's English subjects. We have caused this to be pub- 
 lished, that we might prevent all inconveniencies to others, if it were 
 possible ; however, to clear ourselves from the charge of all those mise- 
 ries, that may any way befall such as live here, and will [not] acknow- 
 ledge his majesty for their sovereign, whom God preserveo" 
 
44 
 
 History oj New- York. 
 
 and surrender, on condition the English and Dutch lime 
 its in America, were settled by the crown and the 
 States General. The English deputies were Sir Robert 
 Carr, George Carteret, John Winthrop, governour of 
 Connecticut, Samuel Wyllys, one of the assistants or 
 council of that colony, and Thomas Clarke, aqd John 
 Pynchon, commissioners from the general court of the 
 Massachusetts- bay, who, but a little before, brought an 
 aid from that province. What these persons agreed 
 upon, Nicolls promised to ratify. At eight o'clock in 
 the morning, of the 27th of August, 1664, the commis- 
 leioners, on both sides, met at the governour's farm, and 
 there signed the following articles of capitulation. 
 
 These articles following were consented to by the 
 persons here under subscribed, at the governour's boAV- 
 ery, August the 27th, old style, 1664, 
 
 I. " We consent, that the States General, or the 
 West-India company, shall freely enjoy all farms and 
 houses (except such as are in the forts) and that within 
 six months, they shall have free liberty to transport all 
 such arms and ammunition, as now does belong to 
 them, or else they shall be paid for them. 
 
 II. " All publick houses shall continue for the uses 
 which they are for. 
 
 III. " All people shall still continue free denizens, 
 and shall enjoy their lands, houses, goods, wheresoever 
 they are within this country, and dispose of them as 
 they please. 
 
 lY. " If any inhabitant have a mind to remove him- 
 self, he shall have a year and six weeks from this day, 
 to remove himself, wife, children, servants, goodsj, and 
 to dispose of his lands here. 
 
History of New-Yorh 4§ 
 
 « 
 
 T. " If any officer of state, or publick minister of 
 state, have a mind to go for England, they shall be 
 transported fraught free, in his majesty's frigates, when 
 these frigates shall return thither. 
 
 VI. " It is consented to, that any people may freely 
 eome from the JNfetherlands, and plant in this colony, 
 and that Dutch vessels may freely come hither, and any 
 of the Dutch may freely retm n home, or send any soil 
 of merchandize home, in vessels of their own country. 
 
 VII. " All ships from the Netherlands, or any other 
 place, and goods therein, shall be received here, and 
 sent hence, after 4he manner which formerly they w^ere 
 before our coming hither, for six months next ensuing. 
 
 VIIL " The Dutch here shall enjoy the liberty of 
 their consciences in diving worship and church disci^ 
 pline. 
 
 IX. " No Dutchman here, or Dutch ship here, shall 
 ypon any occasion, be pressed to serve in war against 
 any nation whatsoever, 
 
 X. " That the townsmen of the Manhattans, shall not 
 have any soldiers quartered upon them, without be- 
 ing satisfied and paid for theni by their officers, and 
 that at this present, if the fort be not capable of lodg- 
 ing all the soldiers, then the burgomasters, by their offi- 
 cers, shall appoint some houses capable to receive them. 
 
 XI. " The Dutch here shall enjoy their own customs 
 concerning their inheritances. 
 
 XII. " All publick writings and records, which con- 
 cern the inheritances of any people, or the reglement of 
 the church or poor, or orphans, shall be carefully kept 
 by those in whose hands now they are, and such writ- 
 ings as particularly concern the States General, may at 
 ^n^ time be ^ent to then*; 
 
46 History of NerV-York, 
 
 m 
 
 XIII. " No judgment that has passed any judicature 
 here, shall be called in question, but if any conceive 
 that he hath not had justice done him, if he apply him- 
 self to the States General, the other party shall be bound 
 to answer for the supposed injury. 
 
 XIV. " If any Dutch, living here, shall at any time 
 desire to travel or traffick into England, or any place, 
 or plantation, ia obedience to his majesty of England, 
 or with the Indians, he shall have (upon his request to 
 the governour) a certificate that he is a free denizen of 
 this place, and liberty to do so. 
 
 XV. " If it do appear, that there* is a publick en- 
 gagement of debt, by the town of Manhattoes, and a 
 way agreed upon for the satisfying that engagement, it 
 is agreed, that the same way proposed shall go on, and 
 that the engagement shall be satisfied. 
 
 XVI. " All inferior civil 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 tliemselves, provided that such new cho- 
 sen magistrates shall take the oath of allegiance 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 appear, that the West-India com- 
 pany of Amsterdam, do really owe any sums of money 
 to any persons here, it is agreed that recognition, and 
 other duties payable by ships going for the Netherlands^ 
 be continued for six months longer. 
 
History of New- York. 
 
 47 
 
 XIX. " The officers military, and soldiers, shall 
 march out with their arms, drums beating, and colours 
 flying, and lighted matches ; and if any of them will 
 plant, they shall have fifty acres of land set out for 
 them ; if any of them will serve as servants, they shall 
 continue with all safety, and become free denizens 
 afterwards. 
 
 XX. " If at any time hereafter, the king of Great 
 Britain, and the States of the Netherlands do agree that 
 this place and country be redelivered into the hands of 
 the said States, whensoever his majesty will send his 
 commands to redeliver it, it shall immediately be done. 
 
 XXL " That the town of Manhattans shall choose 
 deputies, and those deputies shall have free voices in 
 all publick affairs, as much as any other deputies. 
 
 XXII. " Those who have any property in any houses 
 in the fort of Aurania, shall (if they please) slight the 
 fortifications there, and then enjoy all their houses, as 
 all people do where there is no fort. 
 
 XXIII. " If there be any soldiers that will go into 
 Holland, and if the company of West-India in Amster- 
 dam^ or any private persons here, will transport them 
 into Holland, then they shall have a safe passport from 
 Colonel Richard NicoUs, deputy governour under his 
 royal highness, and the other commissioners, to defend 
 the ships that shall transport such soldiers, and all the 
 goods in them, from any surprizal or acts of hostility, 
 to l>e done by any of his majesty's ships or subjects. 
 That the copies of the king's grant to his royal high- 
 ness, and the copy of his royal highness' commission 
 to Colonel Richard Nicolls, testified by two commis- 
 sioners more, and Mr. Winthrop, to be true copies, shall 
 be delivered to the honourable Mr. Stuyvesant^ the 
 
48 
 
 History of New- York. 
 
 present goveriiour^ on Monday next by eight of the clocl^ 
 in the morning, at the Old Miln, and these articles con- 
 sented to, and signed by Colonel Richard Kicolls, de- 
 puty governour to his royal highness, and that within two 
 hours after the fort and town called New- Amsterdam, 
 upon the isle of Manhattoes, shall be delivered into the 
 hands of the said Colonel Richard Nicolls by the service 
 of such as shall be by him tiiereunto deputed^ by his 
 hand and seal. 
 
 " John De Decker, Nich- Verleett, Sam. Megapolen-^ 
 sis, Cornelius Steenwyck, OlofTe Stevens Van Kortlant, 
 James Cousseau, Robert Carr, Geo* Carteret, Johji 
 Winthrop, Sam* Willys, Thomas Clarke, John Pyn- 
 chon* 
 
 I do consent to these articled, 
 
 Richard NicollsJ^^ 
 
 These articles, favourable as they were to the inha- 
 bitants, were however very disagreeable to the Dutch 
 governour ; and he therefore refused to ratify them, till 
 two days after they were signed by the commissioners. 
 
 The town of New^Amsterdam, upon the reduction of 
 the island Manhattans, took the name of New-York.^ 
 It consisted of several smalJ streets, laid out in the year 
 1656, and was not inconsiderable for the number of its 
 houses and inhabitants. The easy terms of the capitu- 
 lation, promised their peaceable 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. Hud-* 
 son's and the South River vrere, however, still to be 
 reduced. Sir Robert Carr comm.anded the expedition 
 
 ^ Vide conclusion of this yolimei 
 
% History of New- York. 49 
 
 on Delaware, and Carteret was commissioned to sub- 
 due the Dutch at Fort Orange. The garrison capitu- 
 lated on the 24th of September, and he called it Alba- 
 ny, in honour of the duke. While Carteret was here, 
 he had an interview with the Indians of the Five Na- 
 tions, and entered into a league of friendship with 
 them, which remarkably continues to this day.^ Sir 
 Kobert Carr was equally successful on South River, 
 for he compelled both the Dutch and Swedes to capi- 
 tulate and deliver up their garrisons the first of Octo- 
 ber, 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 re- 
 move out of the country. Governour Stuyvesant 
 himself, held his estate, and died here. His remains 
 were interred in a chapel, which he had erected on 
 his own farm, at a small distance from the city, now 
 possessed by his grandson, Gerardus Stuyvesant, a 
 man of probity, who has been elected into the ma- 
 gistracy, above thirty years successively. Justice 
 obliges me to declare, that for loyalty to the pre- 
 sent reigning family, and a pure attachment to the 
 protestant religion, the descendants of the Dutch 
 planters are perhaps exceeded by none of his ma- 
 jesty's subjects. 
 
 * The Dutch were sensible of the importance of preserving an unin- 
 terrupted amity with those Indians, for they were both very numerous 
 and warlike. The French pursued quite different measures, and the 
 irruptions of those tribes, according to their own authors, have often 
 reduced Canada to the brink of ruin. 
 
 7 
 
ft 
 
HISTORY OF NEW-YORK- 
 
 PART 11. 
 
 From the Surrender in 1661, to the Settlement at the 
 
 Revolution. 
 
 RiCHAKD NICOLLS being now possessed of the 
 coiniitty, took the government upon hiin, under the 
 style 8f " deputy governour under his royal highness 
 the duke of York, of all his territories in America." 
 Dinging his short continuance here, he passed a vast 
 number of grants and confirmations of the ancient 
 Dutch patents, the profits of which must have been ve- 
 ry considerable. Among these, no one has occasioned 
 more animated contention, than that called the Eliza- 
 bethtown grant, in New- Jersey ; which, as it relates to 
 another colony, I should not have mentioned, but for 
 the opportunity to caution the reader against a repre- 
 sentation of that controversy contained in Douglass' 
 summary. I have sufficient reasons to justify my charg- 
 ing that account with partiality and mistakes ; and for 
 proofs, refer to the printed answer in chancery, publish- 
 ed in the year 1751. 
 
 Besides the chief command of tbis province, Nicolls 
 had a joint power ^ with Sir Robert Carr, Carteret, and 
 
 * The commission from king Charles II. was dated the 26th of 
 April, 1664. After a recital of disputes coaceriiing limits in New- 
 
History of New-York. 
 
 Maverick, to settle the contested boundaries of certain 
 great patents. Hence we find, that three of them had a 
 conference with several gentlemen from Connecticut, 
 respecting the limits of this and that colony. The re- 
 mit 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 deliberate- 
 ly considered all the reasons alledged by Mr. Allen, 
 sen. Mr. Gold, Mr. Richards, and Captain Winthrop, ap- 
 pointed by the assembly held at Hartford, the thirteenth 
 of October, 1664, to accompany John AVinthrop, Ekq ; 
 the governour of his majesty's colony of Connecticut to 
 New-York, and to agree upon the bounds of the said 
 colony, why the said Long Island should be under the 
 government of Connecticut, Avhich are too long here to 
 be recited, we do declare and order, that the southern 
 bounds of his majesty's colony of Connecticut, is the 
 sea, and that Long Island is to be under the govern- 
 ment of his royal highness the duke of York, as is ex- 
 pressed by plain words, in the said patents, respectively, 
 and also by virtue of his majesty's commission, and the 
 consent of both the governours and the gentlemen above- 
 tiamed. We also order and declare, that the creek, or 
 river called Mamaroneck, which is reputed to be about 
 thirteen miles to the east of Westchester, and a line 
 
 England, and that addresses had been sent home from the Indian na- 
 tives, complaining of abuses received from the English subjects ; the 
 commissioners, or any three or two of them, of which NicoUs w as to 
 be one, were authorised to visit the New-England colonies, and deter- 
 mine all complaints military, civil and criminal, according to their dis- 
 cretion, and such instructions as they might receive from the crown. 
 
History of New-York. 
 
 53 
 
 drawn from the east point or side, where the fresh wa- 
 ter falls into the salt, at high water mark, north north- 
 west to the line of the Massachusetts, be the western 
 bounds of the said colony of Connecticut, and all plan- 
 tations lying westward of that creek and line so drawn, 
 to be under his royal highness' goTernment ; and all 
 plantations lying eastward of that creek and line, to be 
 under the government of Connecticut. Given under 
 our hands, at James' fort in New- York, on the island 
 of Maniiattan, this first day of December, 1664. 
 
 Richard Nicolls, 
 George Carteret, 
 S. Maverick." 
 " We the governour and commissioners of the gen- 
 eral assembly of Connecticut, do give our consent to 
 the limits and bounds abovementioned, as witness our 
 hands, 
 
 Gold, 
 
 John Winthrop, jun. 
 John Winthrop, sen. 
 Allen, sen. 
 Richards.'' 
 
 At the time 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 and 
 Connecticut, on the main, it has always been considered 
 by the former, as founded upon ignorance and fraud.^ 
 The station at Mamaroneck was about thirty miles 
 from New- York, from Albany one hundred and fifty. 
 
 * The town of Rye was settled under Connecticut, and the grant 
 from that colony is bounded by this line of division. 
 
54 
 
 History of Netv-Tork. 
 
 The general course of the river is about north 12 or 15* 
 east : and hence it is evident, that a north north-west 
 line will soon intersect the river, and consequently 
 leave the Dutch country, but a little before surrender- 
 ed to Colonel Carteret, out of the province of New- 
 York. It has been generally esteemed that the Con- 
 necticut commissioners in this affair, took advantage of 
 the duke^s agents, who we^re ignorant of the geography 
 of the country. 
 
 About the close of the year, the estate of the West- 
 India company was seized and confiscated, hostilities 
 being actually commenced in Europe as well as Ame- 
 rica, though no declarations of war had yet been pub- 
 lished by either of the contending parties. A great 
 dispute between the inhabitants of Jamaica on Long 
 Island, which was adjusted by Colonel Nicolls, on the 
 second of January, 1665, gave rise to a salutary insti- 
 tution, which has in part obtained ever since. The 
 controversy respected Indian deeds, and thenceforth it 
 was ordained, that no purchase from the Indians, with-^ 
 out the governour's licence, executed in his presence, 
 should be valid. The strength and number of the na- 
 tives rendered it necessary to purchase their rights ; 
 and to prevent their frequent selling the same tract, it 
 was expedient that the bargain should be attended with 
 some considerable solemnity. 
 
 Another instance of Colonel Nicolls" prudence, was 
 his gradual introduction of the English methods of go- 
 vernment. It was not till the 12th of June, this year, 
 that he incorporated the inhabitants of New- York, un- 
 der the care of a mayor, five aldermen, and a sheriff! 
 Till this time, the city was ruled by a scout, burgo- 
 masters, and schepens. 
 
History of NenhYork. 
 
 53 
 
 ill March preceding, there was a great convention, 
 before the governour at Heinpsted, of two deputies 
 from every town on Long Island, empowered to bind 
 their constituents. The design of their meeting was to 
 adjust the limits of their townships for the preservation 
 of the publick peace. 
 
 The war being proclaimed at London, on the fourth 
 of this month, Nicolls received the account of it in 
 June, with a letter from the lord chancellor, informing 
 him, that De Ruyter, the Dutch admiral^ had orders to 
 visit New- York* His lordship was misinformed, or the 
 admiral was diverted from the enterprize, for the Eng- 
 lish peaceably held the possession of the country dur- 
 ing the whole war, which was concluded on the 21st of 
 July^ 1667, by the treaty of Breda. Some are of opin- 
 ion^ that the exchange made with the Dutch for Surri- 
 nam, which they had taken from us, was advantageous 
 to the nation ; but these judges do not consider that it 
 would have been impossible for the Dutch to have pre- 
 served this colony against the increasing strength of the 
 people in New-England, Maryland, and Virginia, 
 
 After an administration of three years, Nicolls re- 
 turned to England. The time during his short resi- 
 dence here, was almost wholly taken up in confirming 
 the ancient Dutch grants. He erected no courts of 
 justice, but took upon himself the sole decision of all 
 controversies whatsoever. Complaints came before him 
 by petition ; upon which he gave a day to the parties^ 
 and after a summary hearing, pronounced judgmente 
 HLs determinations were called edicts, and executed by 
 the sheriffs he had appointed. It is much to his honour^ 
 that notwithstanding all this plenitude of power, he gov- 
 erned the province with integrity and moderation. A 
 
History of New-York. 
 
 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 testimonial is tlie 
 more to be relied upon, because the design of the wri- 
 ters, was by a detail of their grievances, to induce the 
 colony of Connecticut to take them under its immedi- 
 ate protection. 
 
 Francis Lovelace, a colonel, was appointed by the 
 duke, to succeed Nicolls in the government of the pro- 
 vince, which he began to exercise in May, 1667. As lie 
 was a man of great moderation, the people lived very 
 paceably under him, till the re-surrender of the colony, 
 which put an end to his power, and is the only event, 
 that signalized his administration. 
 
 The ambitious designs of Louis XIY. against the 
 Dutch, gave rise to our war with the States General in 
 1672. Charles IL a prince sunk in pleasures, profligate, 
 and poor, was easily detached from his alliance with the 
 Dutch, by the intrigues^ and pecuniary promises of the 
 French king. The following passage from a fine wri- 
 ter^, shews that his pretences for entering into the war, 
 were perfectly groundless and trifling. 
 
 " The king of England, on his side, reproached them 
 with disrespect, in not directing their fleet to lower the 
 flag before an English ship ; and they were also accu- 
 sed in regard to a certain picture, wherein Cornelius De 
 Witt, brother to the pensionary, was painted with the 
 attributes of a conqueror. Ships w ere represented in 
 the back ground of the piece, either taken or burnt. 
 Cornelius De Witt, who had really had a great share in 
 
 ^ Voltaire's age of Lewis XIV. 
 
History of New- York. 
 
 57 
 
 the maritime exploits against England, had permitted 
 this trifling memorial of his glory : but the picture, 
 which was in a manner unknown, was deposited in a 
 chamber wherein scarce any body ever entered. The 
 English ministers, who presented the complaints of their 
 king against Holland, in writing, therein mentioned cer- 
 tain abusive pictures. The states, who always translat- 
 ed the memorials of ambassadours into French, having 
 rendered ahusivey by the words fcmtifs trompeurSy they 
 replied, that they did not know what these roguish pie- 
 turcSy (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 declar- 
 
 ing war." 
 
 A few Dutch ships arrived the year afier on the 30th 
 of July, under Staten Island, at the distance of a few 
 miles from the city of New- York. John Manning, a 
 captain of an independent company, had at that time 
 the command of the fort, and by a messenger sent down 
 to the squadron, treacherously made his peace with 
 the enemy. On that very day the Dutch ships came 
 up, moored under the fort, landed their men, and en-' 
 tered the garrison, without giving or receiving a shot, 
 A council of war was afterwards held at the stadt house, 
 at which were present 
 
 Cornelius Evertse, jun. ) Commodores, 
 Jacob Benkes, } 
 Anthony Colve, \ 
 Nicholas Bowes, / Captains. 
 
 Abm. Ferd. Yan Zyll, ) 
 
 All the magistrates and constables from East Jersey,. 
 hong Island, Esopus, and Albany, were immediately 
 
 8 
 
58 History of New- York. 
 
 summoned to New- York ; and the major part of tlieni 
 swore allegiance to the States General, and the prince? 
 of Orange. Colonel Lovelace was ordered to depart 
 the province, but afterwards obtained leave to return 
 to England with Commodore Benkes. It has often 
 been insisted on, that this conquest did not extend to 
 the whole province of New- Jersey; but upon what 
 foundation 1 cannot discover. From the Dutch records 
 it appears, that deputies w ere sent by the people inha- 
 biting the country, even so far westward as Delaware 
 River, w^ho in the name of their principals, made a de- 
 claration of their submission ; in return for which, cer- 
 tain privileges were granted to them, and three judica- 
 tories erected at Niewer Amstel, Upland, and Hoer 
 Kill. Colve's commission to be governour of this coun- 
 try is w^orth printing, because it shews the extent of the 
 Dutch claims. The translation 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 anchor in 
 Hudson's River, in New-Netherlands. To all those 
 who shall see or hear these, greeting. As it is necessa- 
 ry to appoint a fit and able person, to carry the chief 
 command over this conquest of New-Netherlands, with 
 all its appendencies and dependencies, from Cape Hiu- 
 lopen on the south side of the South or Delaware bay, 
 and fifteen miles more southerly, with the said bay and 
 South River included ; so as they were formerly pos- 
 sessed by the directors of the city of Amsterdam, and 
 after by the English government, in the name and 
 right of the duke of York ; and further from the said 
 <jape Hinlopen, along the Great Ocean, to the east end 
 
Jlistory of New- York. 
 
 59 
 
 of Long Island, and Shelter Island ; from thence west- 
 ward to the middle of the Sound, to a town called 
 Greenwich, on the main, and to run landward in, north- 
 erly ; provided that such line shall not come within ten 
 miles of North River, conformable to a provincial trea- 
 try made in 1650, and ratified by the States General, 
 February 23, 1656, and January 23, 1664 ; with all 
 lands, islands, rivers, lakes, kills, creeks, fresh and salt 
 waters, fortresses, cities, towns, and plantations therein 
 comprehended. So it is, that we being sufficiently as- 
 sured of the capacity of Anthony Colve, captain of a 
 company of foot, in the service of their high mightiness- 
 es, the States General of the United Netherlands, and 
 his serene highness the prince of Orange, &c. By vir* 
 tue of our commission, granted us by their before men-- 
 tioned high mightinesses and his highness, have appoint- 
 ed and qualified, as we do by these presents appoint 
 and qualify, the said Captain Anthony Colve, to govern 
 and rule these lands, with the appendencies and depen- 
 dencies thereof, as governour general ; to protect them 
 from all invasions of enemies, as he shall judge most ne- 
 cessary ; hereby charging all high and low officers, jus- 
 tices, and magistrates, and others in authority, soldiers, 
 burghers, and all the inhabitants of this land, to acknow* 
 ledge, honour, respect and obey, the said Anthony Colve, 
 as governour general ; for such we judge necessary, for 
 the service of the country, waiting the approbation of 
 our principals. Thus done at fort William Hendrickj 
 the 12th day of August, 1673. 
 
 " Signed by Jacob Benkes, 
 
 Cornelius Evertse, jun." 
 The Dutch governour enjoyed his office but a very 
 short season^, for on the 9th of February, 1674, the trea^ 
 
60 History of New-York. 
 
 ty of peace between England and the States Genera 
 was signed at Westminster ; the sixth article 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 Europe or elsewhere, shall be res- 
 tored to the former lord and proprietor, in the same con- 
 dition they shall be in, when the peace itself shall be 
 proclaimed ; after which time, there shall be no spoil 
 nor plunder of the inhabitants, no demolition of fortifi- 
 cations, nor carrying away of guns, powder or other 
 military stores, which belonged to any castle or fort, at 
 the time when it was taken." 
 
 The lenity which began the administration of Colonel 
 Nicolls w^a^ continued under Lovelace. He appears to 
 have been a man, rather of a phlegmatic than an enter- 
 prising disposition, always pursuing the common road, 
 and scarcely ever acting without the aid of his council. 
 Instead of taking upon himself the sole determination 
 of judicial controversies, after the example of his prede- 
 cessor, he called to his assistance a few justices of the 
 peace. This, which was called the court of assizes,^ 
 was the principal law judicatory in those times. The 
 legislative power under the duke, w as vested entirely in 
 
 * This was a court both of law and equity, for the trial of causes of 
 201. and upwards, and ordinarily sat but once a year. Subordinate to 
 this, were the town courts and sessions ; the former took cognizance of 
 actions under 51. and the latter, of suits between that sum and 201. se- 
 ven constables and overseers were judges in the first, and in the last 
 the justices of the peace, with a jury of seven men. The verdict of 
 the majority was sufficient. 
 
lEslory of New- York. 
 
 the goveriioiir and council. A third estate might then 
 be easily dispensed with, for the charge of the province 
 was ^ small, and in a great measure defrayed by his 
 royal highness, the proprietor of the country. 
 
 Upon conclusion of the peace in 1674, the duke of 
 York, to remove all controversy respecting his proper^ 
 ty, obtained a new patent f from the king, dated the 29th 
 of June, for the lands granted in 1664, and two days 
 after commissioned major, afterwards Sir Edmond An- 
 dross, to be governour of his territories in America. Af- 
 ter the resignation of this province, which was made to 
 him by the Dutch possessors, on the 31st of October 
 following, he called a court martial, to try Manning for 
 his treacherous and cowardly surrender. The articles 
 of accusation exhibited against him, were in substance, 
 
 ^ The manner of raising publick money, was establidied by Colonel 
 Kicolls, on the first of June, 1 665, and was thus : The high sheriffis- 
 sued a warrant annually, to the high constables of every district, and 
 they sent theirs to the petty constables ; who, with the overseers of 
 each town, made a list of all male persons above sixteen years of 
 age, with an estimate of their rent and personal estates, and then 
 taxed them according to certain rates, prescribed by a law. Af- 
 ter the assessment was returned to the high sheriff, and approved by the 
 governour, the constables received warrants for levying the taxes hj 
 distress and sale. 
 
 -j- Some are of opinion that the second patent was unnecessary, the 
 duke being revested per post liminium. This matter has been often 
 disputed in the ejectments between the New- Jersey proprietors and 
 the Elizabethtown patentees. In New- York the right of postliminy was 
 disregarded, and perhaps unknown ; for there are many instances, es- 
 pecially on Long Island, of new grants from Sir Edmond Andross, for 
 lands patented under I^icolls and Lovelace, by wliich the quitrents have 
 been artfully enlarged. 
 
62 
 
 History of New-York. 
 
 I. That the said Manning, on the 28th of July, 1673, 
 having notice of the approach of the enemy's fleet, did 
 not endeavour to put the garrison in a posture of de- 
 fence ; but on the contrary, slighted such as offered their 
 assistance. 
 
 II. That while the fleet was at anchor under Staten 
 Island, on the 30th of July, he treacherously sent on 
 board to treat with the enemy, to the great discourage* 
 ment of the garrison. 
 
 III. That he suffered the fleet to moor under the 
 fort, forbidding a gun to be fired on pain of death. 
 
 ly. 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 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, yielding the garrison without articles. 
 
 This scandalous charge, which Manning on his trial 
 confessed to be true, is less surprising, than the lenity 
 of the sentence pronounced against him. It was this, 
 that though he deserved death, yet because he 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 publick, before the city hall, 
 and himself rendered incapable of wearing a sword, and 
 of serving his majesty for the future, in any publick 
 trust in the government. 
 
 This light censure, is however no proof that Sir Ed- 
 mond was a man of a merciful disposition ; the histo- 
 rians of NeW'^England, where he was afterwards gover- 
 
Histori/ of New-Yorh 
 
 aour, jtistly transmit him to posterity, under the odious 
 character of a sycophantick 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 instruments than he to ex- 
 ecute the despotick projects of James II. 
 
 In the year 1675^ Nicholas Renslaer, a Dutch cler- 
 oyman, arrived here. He claimed the manor of Rens- 
 laerwyck, and was recommended by the duke to Sir 
 Edmond Andross for. a living in one of the churches at 
 New- York or Albany, probably to serve the popish 
 cause.^ Niewenhyt, minister of the church at Albany, 
 disputed his right to administer the sacraments, because 
 he had received an Episcopal ordination, and was not 
 approved by the classis of Amsterdam, to which the 
 Dutch churches here hold themselves subordinate. In 
 this controversy the governour took the part of Rens- 
 laer, and accordingly summoned Niewenhyt before 
 him, to answer for his conduct. This minister was 
 treated with such singular contempt, and so frequently 
 harrassed, by fruitless and expensive attendances before 
 the council, that the dispute became interesting, and 
 the greater part of the people resented the usage be 
 
 * Another reason is assigned for the favour he met with from the 
 crown. It is said that while Charles II. was an exile, he predicted 
 the day of his restoration. The people of Albany had a high opinion of 
 his prophetick spirit, and many strange tales about him still prevail 
 there. The parson made nothing of his claim, the manor being after- 
 wards granted, by Colonel Dongan to Killian Van Renslaer, a dis= 
 tant relation. This extensive tract, by the Dutch called a colony, is 
 an oblong extending twenty-four miles upon Hudson's river, and as ma- 
 ny upon each side. The patent of confirmation was issued by special 
 direction from the king, and id tlie most liberal in the privileges it grants 
 of any one in the province. 
 
B4 
 
 History of New- York. 
 
 met with. Hence we find, that the magistrates of Al- 
 bany, soon after imprisoned Renslaer, for several dahi- 
 oiis words, (as they are called in the record) deliveied 
 in a sermon. The governom% on tiie other hand, or- 
 dered him to be released, and summoned the magis- 
 trates to attend him at New- York. Warrants were 
 then issued to cojnpel them to give security in 5000/. 
 each, to make out good cause for confining the minis- 
 ter. Leisler, who was one of them, refused to comply 
 with the warrant, and was thrown into jail. Sir Ed- 
 mond, fearful that a great party would rise up against 
 him, was at last compelled to discontinue his ecclesias- 
 tical 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 po- 
 pish measures sowed the seeds of that aversion to the 
 duke's government, which afterwards produced those 
 violent convulsions in the province under Leisler, at 
 the time of the revolution in favour of the prince of 
 Orange. 
 
 If Sir Edmond Andross' administration at New- York 
 appears to be less exceptionable than while he com- 
 manded at Boston, it was through w^ant of more oppor- 
 tunities to shew himself in his true light.' The main 
 course of his publick proceedings, during his continu- 
 ance in the province, was spent in the ordinary acts of 
 the government, which then principally consisted in 
 passing grants to the :subject, and presiding in the court 
 of assize, established by Colonel Lovelace. The pub- 
 lick exigencies were now in 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 Governour Andross, to several towns oji 
 
History of New-York. 
 
 65 
 
 Xong Island, desiring to know what sums they would 
 contribute tov/ards the war. Near the close of his ad- 
 ministration he thought proper to quarrel with Philip 
 Carteret, who in 1680, exercised the government of 
 East Jersey, under a commission from Sir George Car- 
 teret, dated the 31st of July, 1675. Andross disputed 
 his right, and seized and brought him prisoner to New- 
 York ; for which it is said he lost his own government ; 
 but whoever considers that Sir Edmond was immedi- 
 ately preferred to be governour of Boston, will rather 
 believe that the duke superseded him for some other 
 reasons. 
 
 Before I proceed to the succeeding administration, 
 in which our Indian affairs began to have a powerful 
 influence upon the publick measures, it may not be 
 improper to present the reader with a summary view of 
 the history and character of the Five Nations.^ These, 
 of all those innumerable tribes of savages, which inha- 
 bit the northern part of America, are of most impor- 
 tance to us and the French, both on account of their 
 vicinity and warlike disposition. Before the late incor-^ 
 poration of the Tuscaroras, a people driven by the in- 
 habitants of Carolina from the frontiers of Virginia, they 
 consisted of five confederate cantons.f What in par-^ 
 ticular gave rise to this league, and when it took place, 
 are questions which neither the natives, nor Europeans, 
 
 ^ By the Dutch called Maquaas, by the French Iroquois, and by us^ 
 Five JNTations, Six Nations, and lately the Confederates. They are great- 
 ly diminished, and consist now only of about twelve hundred fighting 
 men. 
 
 t The*Tuscai*oi*as were received upon a supposition that they were 
 originally of the same stock with the Five Nations, because there 
 some similitude between their languages. 
 
 .9 
 
66 
 
 History of New-YorL 
 
 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.^ 
 
 No people in the world perhaps have higher notions 
 than these Indians of military glory. All the surround- 
 ing nations have felt the effects of their prowess ; and 
 many not only became their tributaries, but were so 
 subjugated to their power, that without their consent, 
 they durst not commence either peace or war. 
 
 Though a regular police for the preservation of har- 
 mony within, and the defence of the state against inva- 
 sions from without, is not to be expected from the peo- 
 ple of whom I am now Avriting, yet, perhaps, they ha^ e 
 paid more attention to it than is generally allowed. 
 Their government is suited to their condition. A peo- 
 ple whose riches consist not so much in abundance, as in 
 a freedom from want ; f who are circumscribed by no 
 boundaries, who live by hunting, and not by agriculture, ^ 
 must always be free, and therefore subject to no other 
 authority, than such as consists with the liberty necessa- 
 rily arising from tlieir circumstances. All their affairs, 
 whether respecting peace or war, are under the direc- 
 tion of their sachems, or chief men. Great exploits and 
 publick virtue procure the esteem of a people, and qual- 
 ify a man to advise in council, and execute the plans con- 
 certed for the advantage of his country : thus whoever 
 
 ^ Their instruments of conveyances are signed by signatures, i\hich 
 they make with a pen, representing these animals. 
 
 t An Indian, in answer to his question, What the white peo}31e meant 
 by covetousness ? was told by another, tliat it signified, A desire of 
 more than a man had need of. That's strange I said the querist. 
 
History of New-York. 67 
 
 appears to the Indians in this advantageous light, com- 
 mences a sachem without any other ceremony. 
 
 As there is no other way of arriving at this dignity, so 
 it ceases, unless an uniform zeal and activity for the 
 common good, is uninterruptedly continued. Some 
 have thought it hereditary, but that is a mistake. The 
 son, is indeed, respected for his father's services, but 
 without personal merit, he can never share in the gov- 
 ernment ; which, were it otherwise, must sink into per- 
 fect disgrace. The children of such as are distinguish- 
 ed for their patriotism, moved by the consideration of 
 their birth, and the perpetual incitements to virtue con- 
 stantly inculcated into them, imitate their fathers' ex- 
 ploits, and thus attain to the same honours and influence ; 
 which accounts for the opinion that the title and pow~ 
 er of sachem are hereditary . 
 
 Each of these republicks has its own particular chiefs, 
 who hear and determine all complaints in council, and 
 though they have no officers for tiie execution of justice, 
 yet their decrees are always obeyed, from the general 
 reproach that would follow a contempt of their advice. 
 The condition of this people exempts them from fac- 
 tions, the common disease of popular governments. It 
 is impossible to gain a party amongst them by indirect 
 means ; for no man has either honour, riches, or power 
 to bestow.^ 
 
 * The learned and judicious author of the Spirit of Laws, speaking of 
 a people who have a fixed property in lands, observes, " That if a 
 chief would deprive them of their liberty, they would immediately go 
 and seek it under another, or retire into the w^oods, and live there with 
 their families." The Five Nations can never be enslaved, till they 
 grow rich V^y agriculture and commerce. Property is the most perma- 
 
68 
 
 History of New-York. 
 
 All affairs which concern the general interest are de- 
 termined in a great assembly of the chiefs of each can- 
 ton, usually held at Onondaga, the centre of their coun- 
 try. Upon emergencies they act separately, but no- 
 thing 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 republicks, 
 and sometimes have even sown great jealousies among 
 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 aperture left at the 
 top for the conveyance of the smoke. Whenever a 
 considerable number of those huts are collected, they 
 have a castle, as it is called, consisting of a square with- 
 out bastions, surrounded with palisadoes. They have 
 no other fortification ; and this is only designed as an 
 asylum for their old men, their ^v^ives and children, 
 while the rest are gone out to war. They live almost 
 entirely without care. While the women, or squaws, 
 cultivate a little spot of ground for corn, the men emr 
 ploy 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, 
 
 neat basis of power. The authority of a sachem depending only upon 
 his reputation for wisdom and courage, must be weak and precariouf^ 
 land therefore safe to the people. 
 
History of Nav-York. 69 
 
 besides this, a sort of a petticoat, and a few of their 
 men wear shirts ; but the greater part of them are gen- 
 erally half naked. In Avinter their legs are covered 
 with stockings of blanket, and their feet with socks of 
 deer skin. Manv of them are fond of ornaments, and 
 their taste is very singular. I have seen rings affixed, 
 not only to their ears, but to 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 beaux in Cana- 
 da. 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 
 tho' venison is their ordinary diet, yet sometimes they 
 eat dogs, bears, and even snakes, llieir cookery 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, and turned as occasion re- 
 quires. They are hospitable to strangers, though few 
 Europeans would relish their highest favours of this 
 kind, for they are very nasty both in their garments 
 and 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 amo^ig them. They 
 have been generally commended for their chastity, but 
 I am informed by good authority, that they are very 
 
 * Because they pluck out the hairs. The FrencI) writers, who say 
 they have naturally no beards, are mistaken ; and the reasons they as^ 
 ^ign for it are ridiculous. 
 
70 History of New-York. 
 
 lascivious, and that the women, to avoid reproach, fre- 
 quently destroy the foetus in the womb. They are so 
 perfectly free, that unless their children, who general- 
 ly assist the mother, may be called servants, they have 
 none. The men frequently associate themselves for 
 conversation, by which means they not only preserve 
 the remembrance of their wars, and treaties, but diffuse 
 among their youth incitements to military glory, as 
 well as instruction in all the subtilties of war. 
 
 Since they became acquainted with the Europeans, 
 their warlike apparatus is a musket, hatchet,^' and a 
 long knife. Their boys still accustom themselves to 
 bows and arrows, and are so dexterous in the use of them, 
 that a lad of sixteen, will strike an English shilling five 
 times 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 very extra- 
 ordinary, for they rarely miss the object, though at a 
 considerable distance- The hatchet in the flight per- 
 petually turns round, and yet always strikes the mark 
 with the edge. 
 
 Before they go out, they have a feast upon dogs' 
 flesh, and a great war dance. At these, the warriours, who 
 are frightfully painted with vermilion, rise up and sing 
 their own exploits, or those of their ancestors, and there- 
 by kindle a military enthusiasm in the whole company. 
 The day after the dance, they march out a few miles in 
 a row, observing a profound silence. The procession 
 being ended, they strip the bark from a large oak, and 
 
 / * Hence, to take up the hatchet, is, with them, a phrase signifying to 
 
 declare war ; as, on the contrary, to bury it, denotes the establishment 
 of peace* 
 
History of New- York. 71 
 
 paint the design of their expedition on the naked trunk. 
 The figure of a canoe, withtlie number of men in it, de- 
 termines the strength of their party ; and by a deer, a 
 fox, or some otlier emblem painted at the head of it, we 
 discover against what nation they are gone ouL 
 
 The Five Nations being devoted to war, every art is 
 cort rived 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 provided for the conquerours, who in the 
 mean time approach in sight : one of them bears the 
 scalps stretched over a bow, and elevated upon a long 
 pole. The boldest man in the town comes out, and re- 
 ceives it, and instantly flies to the hut where the rest 
 are collected. If he is overtaken, he is beaten unmer- 
 cifully ; but if he outruns the pursuer, he participates 
 in the honour of the victors, who at their first entrance 
 receive no compliments, nor speak a single word till the 
 end of the feast. Their parents, wives, and children 
 then are admitted, and treat them with the profoundest 
 respect. After these salutations, one of the conquer- 
 ours is appointed to relate the whole adventure, to 
 which the rest attentively listen, without asking a ques- 
 tion, and the whole concludes with a savage dance. 
 
 The Indians never fight in the field, or upon equal 
 terms, but always sculk and attack, by surprise, in small 
 parties, meeting every night at a place of rendezvous. 
 Scarcely any enemy can escape them, for by the dispo- 
 sition of the grass and leaves, they follow his tract with 
 
n 
 
 History of Neiv- York. 
 
 great speed any where but over a rock. Their barbar- 
 ity is shocking to human nature- Women and children 
 they generally kill and scalp, because they would re- 
 tard their progress ; but the men they carry into cap- 
 tivity. If any woman has lost a relation, and inclines 
 to receive the prisoner in his stead, he not only escapes 
 a series of the most inhuman tortures, and death itself, 
 but enjoys every immunity they can bestow, and is es- 
 teemed a member of the family into which he is adopt- 
 ed. To part with him would be tlie most ignominious 
 conduct and considered as selling the blood of the de- 
 ceased ; and for this reason it is not without the great- 
 est 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, beautifully 
 painted, and adorned v/ith the gay plumage of birds^ 
 forms the stem. This is his infallible protection from 
 any assault on the way. The envoy makes his propo- 
 sals to the enemy, who, if they approve them, ratify 
 the preliminaries to the peace, by smoking through the 
 pipe, and from that instant a general 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 
 continent. The rights of it are esteemed sacred, and 
 have been only invaded by the Flat Heads ; in just in- 
 dignation for which, the confederates maintained a war 
 with them for near thirty years. 
 
 As to the language of the Five Nations, the best ac- 
 count I have had of it, is contained in a letter from 
 the Reverend Mr. Spencer, who resided amongst them 
 in the year 1748, being then a missionary from the 
 Scotch society for propagating Christian knowledge. 
 He writes thus : 
 
History of New-Yorh 
 
 " Sir, 
 
 " Though I was very desirous of learning the Indian ; 
 tongue, yet through my short residence at Onough< 
 quage, and the surly disposition of my interpreter, /I 
 confess my proficiency was not great. 
 
 " Except the Tuscaroras, all the Six Nations sp^gak 
 a language radically the same. It is very masculine 
 and sonorous, abounding with gutturals and strong as- 
 pirations, but without labials. Its solemn grave tone 
 is owing to the generosity of its feet, as you will ob- 
 serve in the following translation of the Lord's pray er^ 
 in which I have distinguished the time of every sylla- 
 ble by the common marks used in prosody*^ 
 
 Soungwauneha, caurounkyawga, tebseetaroan, saiihson^yousta, 
 esa, sawaneyou, okettauhsela, ehneauvvoung, na, caurounkyawga, 
 nughwonshaiiga, neattevvehnesaiauga, taugwaunautororioantoug* 
 sick, toantaugweleewheyoustaiing, eheneeyeut, chaquatautehwhe-* 
 youstaunna, toughsaii, taugwaussareneh, tawautotteiiauea.'Oughtd- 
 tmgga, nasawne, sacheaiitaugwass, coantehbaiohaunzaickaw, esa, 
 sawaunneyou, esa, sashautzta, esa, soungw asoung, chenneauhaung* 
 \va, auwen. 
 
 " The extraordinary length of Indian words^ and 
 the guttural aspirations necessary in pronoimcing them, 
 render the speech extremely rough and difficult. Tiie 
 verbs never change in their terminations, as in Latin^ 
 Greek and Hebrew, but all their variations are prefix- 
 
 * If we had a good dictionary, marking the quantity as weH as eni«^ 
 phasis of every syllable in the English language, it would conduce to 
 an accuracy and uniformity of pronunciation. The dignity oLstylej 
 so far as the ear is concerned, consists principally in generous feet i and 
 perhaps it may be a just remark that no sentence, unless in a dialogue^ 
 ends well without a full sound. Gordon and Fordyce rarely swerve 
 from this rule, and Mr. Mason, an ingenious author, has lately writtea 
 with great applause, on this attribute of style* 
 
 10 
 
74 
 
 History of Ne/v-YorJc. 
 
 ed. Besides the singular and plural, they have also 
 the dual number. A strange transposition of syllables 
 of different words, evphonice gratia, is very common in 
 the Indian tongue, of which I will give an instance 
 — ogilla signifies fire, and cawawina, great, but instead 
 of joinm^r the adjective and substantive to s^j great 
 Jire, cawaunna ogilla, both words would be blended in- 
 to this one, co-gHla-waunna. The dialect of the Oney- 
 das, is softer than that of the other nations ; and the 
 reason is, because they have more vowels, and often 
 supply the place of harsh letters with liquids. Instead 
 of R, they always use L : Rebecca^ would be pronounc- 
 ed Lequecca. 
 
 The art of publick speaking is in high esteem among 
 the Indians, and much studied. They are extremely 
 fond of method, and displeased with an irregular har- 
 angue, because it is diflScult to be remembered. When 
 they answer, they repeat the whole, reducing it into 
 strict order- Their speeches are short, and the sense 
 conveyed in strong metaphors. In conversation they 
 are sprightly, but solemn and serious in \heir messages 
 relating to publick affairs. Their speakers deliver 
 themselves with surprising force and great propriety of 
 gesture. The fierceness of their countenances, the 
 flowing blanket:, elevated tone, naked arm, and erect 
 stature, with a half circle of auditors seated on the 
 ground, and in the open air, cannot but impress upon 
 the mind, a lively idea of the ancient oratours of 
 Greece and Rome. 
 
 At the close of every important part of the speech, 
 ratifying an old covenant, or creating a new one, a 
 belt is generally given, to perpetuate the remembrance 
 
History of Nov- York. 
 
 75 
 
 of the transaction. These belts are about four inches 
 wide, and thirty in length. They consist of strings of 
 conque shell beads fastened together.^^ 
 
 With respect to religion, the Indians may be said to 
 be under the thickest gloom of ignorance. If they have 
 any, which is much to be questioned, those who aflftrm 
 it, will find it difficult to tell us wherein it consists^ 
 They have neither priest nor temple, sacrifice nor altar. 
 Some traces, indeed, appear of the original law written 
 upon their hearts ; but they have no system of doc- 
 trines, nor any rites and modes of publick worship. 
 They are sunk, unspeakably, beneath the polite pagans 
 of antiquity. Some confused notions, indeed, of beings 
 ^uperiour to themselves, they have, but of the Deity 
 and his natural and moral perfections, no proper or 
 tolerable conceptions ; and of his general and particu- 
 lar Providence they know nothing. They profess no 
 obligations to him, nor acknowledge their dependence 
 upon him. Some of them, it is said, are of opinion, 
 that there are two distinct, powerful beings, one able 
 to help, the other to do them harm. The latter they 
 venerate most, and some alledge, that they address him 
 by a kind of prayer. Though there are no publick 
 monuments of idolatry to be seen in their country, yet 
 the missionaries have discovered coarse imagery in 
 wooden trinkets, in the hands of their jugglers, which 
 the converts deliver up as detestable. The sight of 
 
 ^ Those beads, which pass for money, are called by the Indians, 
 wam[)iira, and by the Dutch, sewant : six beads were formerly valued 
 at a stiver^ There are always several poor families at Albany, who 
 support themselves by coining this cash for the traders. 
 
70 
 
 History of New- York. 
 
 them would remind a man of letters of the lares and 
 penates of the ancients, but no certain judgment can be 
 drawn of their use. The Indians sometimes assemble 
 in large numbers, and retire far into the wilderness, 
 where they eat and drink in a profuse manner. These 
 conventions are called kenticoys. Some esteem them 
 to be debauched revels or Bacchanalia j but those, who 
 have privately followed them into these recesses, give 
 such accounts of their conduct, as naturally lead one to 
 imagine, that they pay a joint homage and supplication 
 to some'' invisible being. If we suppose they have a re- 
 ligion, it is worse than none, and raises in the generous 
 mind, most melancholy ideas of their depraved condi- 
 ;tion. Little has been done to illuminate these dark 
 CJCtrners of the earth with the light of the Gospel. The 
 French priests boast indeed of their converts, but they 
 have made more proselytes to politicks than religion* 
 Queen Anne sent a missionary among them, and gave 
 ^itn an appointment out of the privy purse. He was a 
 ^pa^n of a good life, but slow parts, and his success very 
 Inconsiderable. The reverend Mr. Barclay afterwards 
 ^^sided among the Mohawks, but no suitable provision 
 l^ing made for an interpreter, he was obliged to break 
 ^j^the mission. If the English society for propagating 
 Idae Gospel, that truly venerable body, instead of main- 
 taining missionaries in rich Christian congregations 
 lLl$)tig the continent, expended half the amount of their 
 contributions on evangelists among the heathen, 
 fe^ddes the unspeakable religious benefits that would, 
 ii#fo be hoped, accrue to the natives, such a proceed- 
 ir^ would conduce greatly to the safety of our colo- 
 nies, &nd his majesty's service. Much has been written 
 
History of New- York. 
 
 77 
 
 upon this subject in America ;^ and why nothing to 
 purpose has yet been attempted in Biigland, towards so 
 laudable a design, can only be attributed to the amaz- 
 ing falsehoods and misrepresentations, by which some 
 of the missionaries have long imposed upon benevolent 
 minds in Great Britain.f 
 
 As to the history of the Five nations, before their ac- 
 quaintance with the Europeans, it is wrapt up in the 
 darkness of aoticjuity. It is said that their first residence 
 was in the country about Montreal ; and that the supe- 
 riour strength of the Adirondacks, whom t]ie French 
 call Algonquins, drove them into their present posses- 
 sions, lying on the south side of the Mohawks river, and 
 
 ^ See Mr. Hobart's letters to the Episcopalians in NcAv-Eiigland. 
 The accounts of the Scotch mission at Stockbridge. Douglass' Sum- 
 mary, &c. 
 
 t This is notorious to all who give themselves the trouble of perusing 
 the abstracts of their accounts published in England. It would be a 
 very agreeable office to n^^e, on this occasion, to distinguish the inno- 
 cent from the guilty, but that such a task would infallibly raise up a 
 host of enemies. Many of the missionaries are men of learning and 
 examplary morals. These in America are known and honoured, and 
 cannot be 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. Ogilvie is, I believe, the only person now employed by that char- 
 itable corporation among the Indians, and the greatest part even of his 
 charge is in the city of Albany. All the Scotch missionaries are among 
 the heathen, and their success has been sufficient to encourage any fu- 
 ture attempts. There is a regular society of Indian converts in New- 
 Jersey; and it is worthy of remark, that not one of them has aposta- 
 tized into heathenism. Seme of them have made such proficiencies in 
 practical religion, as ought to shame many of us, who boast the illumi- 
 nating aids of our native Christianity. Not one of these Indians has 
 beeu concerned in those barbarous irruptions, which have lately delug- 
 
,78 
 
 History oj New- York. 
 
 the great lake Ontario,^ , Towards the close of those 
 disputes, which co»tinued for a great series of years, 
 the confederates gained advantages over the Adiron- 
 dacks, and struck a general terrour into all the other 
 Indians. The Hurons on the north side of the lake 
 Erie, and the Cat Indians on the south side, were totally 
 conquered and dispersed. The French, who settled 
 Canada in 1603, took umbrage at their success, and be- 
 gan a war Avith them, which had well nigh ruined the new 
 colony. In autumn 1665, Mr. Courcelles, the governour, 
 sent out a party against the Mohawks. Through igno- 
 rance of the country, and the want of snowshoes, they 
 were almost perished, when they fell in with Schenec- 
 
 ed the frontiers of the south westeru provinces, with the blood of seve- 
 ral hundred innocents of every age and sex. At the commenceTjent 
 of these ravages, they flew ioto the settlements, and put themselves un- 
 der the protection of the government. These Indians no sooner be- 
 came Christians, than they openly professed their loyalty to king 
 George ; and therefore to contribute to their conversion, was as truly 
 politick, as nobly Christian. Those colonies which have done most 
 for this charitable design, have escaped best from the late distressing 
 calamities. Of all the missionaries, Mr. David Brainerd, who recover- 
 ed these Indians from the darkness of paganism, was most successful. 
 He died the 9th of October, 1747, a victim to his extreme mortifica- 
 tion and inextinguishable zeal, for the prosperity of his mission. Those 
 who are curious to enquire particularly into the effects of his indefatig- ' 
 able industry, may have recourse to his journal, published at Philadel- 
 phia, by the American correspondents of the Scotch society, in whose 
 service he was employed. Dr. Douglass, ever ready to honour his 
 native country, after remarking that this self-denying clergyman rode 
 about 400 miles, in the year 1744, with an air of approbation, asks. 
 
 Is there any missionary, from any of the societies, for propagating 
 the Gospel in foreign parts, that has reported the like." 
 
 ^ Charlevoix, in partiality to the French, limits the country of the 
 Five Nations, on the north, to the 44th degree of latitude ; according 
 
History of New- York: 
 
 tady. And even there the Indians would have sacrifice 
 ed them to their barbarous rage, had not Corlear, a 
 Dutchman, interposed to protect them. For this sea- 
 sonable hospitality, the French governour invited him 
 to Canada, but he was unfortunately drowned in his 
 passage through the lake Champlain. It is in honour of 
 this man, who was a favourite of the Indians, that the 
 governours of New-York, in all their treaties, are ad- 
 dressed by the name of Corlear. Twenty light compa- 
 nies of foot, and the whole militia of Canada, marched 
 the next spring into the country of the Mohawks ; but 
 their success was vastly unequal to the charge and la- 
 bour of such a tedious march of 700 miles, through an 
 uncultivated desart ; for the Indians, on their approach^ 
 retked into the woods, leaving behind them some old 
 sachems, who preferred death to life, to glut the fury 
 of their enemies. The emptiness of this parade on the 
 one hand, and the Indian fearfulness of fire arms on the 
 other, brought about a peace in 1667, which continued 
 for several years after. In this interval, both the Eng- 
 lish and French cultivated a trade with the natives 
 very profitable to both nations. The latter, however, 
 were most politick and vigorous, and filled the Indian 
 
 to which, all the country on the north side of lake Ontario, and the 
 river issuing thence to Montreal, together with a considerable tract 
 of land on the south side of that river, belongs to the French. Hen- 
 iiepin, a recollect friar, has more regard to truth than the Jesuit ; for 
 he tells us in effect, that the Iroquois possessed the lands on the nortli, 
 as well as on the south side of the lake, and mentions several of their 
 villages in 1679, viz. Tejajahon, Kente, and Ganneousse. The map 
 in his book agrees with the text. Charlevoix is at variance with his 
 geographer ; for Mr. Bellin, besides laying down these towns in the 
 map, contained in the fifth volume, writes on the north side of the 
 protraction of lake Ontario, hs Iroquois du nord. 
 
80 
 
 History of New York. 
 
 country with their missionaries. The sieur Perot, tha 
 rery year in which the peace was conchided, travelled 
 above 1200 miles westward, making proselytes of ihe 
 Indians every where to the French interest. Courceiles 
 appears to have been a man of art and industry. He 
 took every measure in his power for the defence of 
 Canada. To prevent the irruptions of the Five Nations, 
 by the way of lake Champlain, he built several forts in 
 1665, between that and the mouth of the river SoreL 
 In 1672, just before his return to France, under pre- 
 tence of treating with the Indians more commodiously, 
 but in reality, as Charlevoix expresses it, " to bridle 
 them," he obtained their leave to erect a fort at Cadar- 
 acqui, or lake Ontario, Avhich count Frontenac, his suc- 
 cessor, completed the following spring, and called af- 
 ter his own name^. The command of it was afterwards 
 given to Mr. De la Salle, who, in 1678, rebuilt it with 
 stone. This enterprising person, the same year, launch- 
 ed a bark of ten tons into the lake Ontario, and anoth- 
 er of sixty tons, the year after, into lake Erie : about 
 which time he inclosed with palisadoes, a little spot at 
 Niagara. 
 
 Though the duke of York had preferred colonel 
 Thomas Dongan to the government of this province on 
 the 30th of September, 1682, he did not arrive here till 
 the 27th of August, in the following year. He was a 
 man of integrity, moderation, and genteel manners, and 
 though a professed papist, may be classed among the 
 best of our governours. 
 
 * In May, 1721, it was a square, with four bastions, built of stone^ 
 being a quarter of a French league in circumference ; before it, are 
 many small islands, and a good harbour, and behind it a morass* Char- 
 
History of New-Yorh 
 
 8i 
 
 The people, who had been formerly ruled at the will 
 of the duke's deputies, began their first participation in 
 the legislative power under colonel Dongan, for short- 
 ly after his arrival, he issued orders to the sheriffs, to 
 summon the freeholders for choosing representatives, 
 to meet him in assembly on the 17th of October, 1683« 
 Nothing could be more agreeable to the people, who, 
 whether Dutch or English, were born the subjects of a 
 free state ; nor, indeed, was the change of less advan- 
 tage to the duke, than to the inhabitants. For such a 
 general disgust had prevailed, and in particular m Long 
 Island, against the old form which colonel Nicolls had 
 introduced, as threatened the total subversion^ of the 
 publick tranquility. Colonel Dongan saw the disaffection 
 of the people at the east end of the Island, for he land- 
 ed there on his first arrival in the country ; and to ex- 
 tinguish the fire of discontent, then impatient to burst 
 out, gave them his promise, that no laws or rates for 
 the future should be imposed, but by a general assem- 
 bly. Doubtless, this alteration was agreeable to the 
 duke's orders, who had been strongly importuned for 
 it,^ as v/ell as acceptable to the people, for they sent 
 him soon after an address, expressing the highest sense 
 of gratitude, for so beneficial a change in the govern- 
 ment. It would have been impossible for him much 
 longer to have maintained the old model over free sub- 
 jects, who had just before formed themselves into a co- 
 
 * The petition to his royal highness was drawn by the council, the 
 aldermen of New- York, and the justices of the peace at the court of 
 asbize, the 29th of June, 1681. I have seen a copy in ihe hands of 
 luewh Morris, Esq. It contains many severe reflectiojos upon the ty- 
 ranny of Sir Edmond Andross. 
 
 11 
 
22 History of Neiv-York. 
 
 lony for the enjoyment of their liberties, and liad eveii 
 already solicited the protection of the colony of Con- 
 necticut, from whence the greatest part of them came. 
 Disputes relating to the limits of certain townships at 
 the east end of Long Island, sowed the seeds of enmity 
 against Dongan, so dee})ly in the hearts of many who 
 were concerned in them, that their representation to 
 Connecticut, at the revolution;, contains the bitterest in- 
 vectives against him. 
 
 Dongan surpassed all his predecessors in a due at- 
 tention to our affairs with the Indians, by whom he was 
 highly esteemed. It must be remembered to his honour 
 that though he was ordered by the duke, to encourage 
 the French priests, who were come! to reside among th^ 
 natives, under pretence of advancing the popish cause, 
 but in reality to gain them over to the French interest ; 
 yet he forbid the Five Nations to entertain them. The 
 Jesuits, however, had no small success. Their prose- 
 lytes are called praying Indians, or Caghnuagaes, and 
 reside now in Canada, at the fall of St. Lewis, opposite 
 to Montreal. This village was begun in 1671, andcon^ 
 sists of such of the Five Nations as have formerly been 
 drawn away by the intrigues of the French priests, in 
 the times of Lovelace and Andross, who seem to have 
 paid no attention to our Indian affairs.^ It was ow- 
 ing to the instigation also of these priests, that the 
 Five Nations about this time, committed hostilities on 
 the back parts of Maryland and Virginia, which occa- 
 
 * Of late some others of the confederates have been allured to settle 
 at Oswegatchi, called hj the French, la Gallette, near fifty miles be- 
 low Frontenac. General Shirley's emissaries from Oswego, in 1 755, 
 prevailed T?Uh several of these families to return to their old habitations. 
 
IRstorp of NerV'Yorh 
 
 -sib lied a grand convention at Albany, in the year 1684. 
 Lord Howard of Effingham, the governour of Virginia^ 
 was present, and made a covenant with them for pre- 
 venting fmther depredations, towards the acomplish^* 
 ment of which, colonel Dongan was very instrumental."* 
 Doctor Golden has published this treaty at large, but as 
 it his no itumediate connection with the affairs of this 
 province, I beg leave to refer the reader for a full ac- 
 count of it to his history of the Five Nations. 
 
 While lord Howard was at Albany, a messenger from 
 De la Barre, then governour of Canada, arrived there, 
 complaining of the Seneca Indians, for interrupting 
 the French in their trade with the more distant Indians, 
 commonly included among us by the general name of 
 the Far Nations.f Colonel Dongan, to whom the mes- 
 sage was sent, communicated it to the Senecas, who 
 admitted the charge, but justified their conduct, alledg- 
 ing, that the French supplied arms and ammunition to 
 the Twiglitwies,! w'th whom they were then at war* 
 De la Barre, at the same time, meditating nothing less 
 than the total destruction of the Five Nations, proceed- 
 ed with an army of 1700 men to the lake Ontario. 
 Mighty preparations w^ere made to obtain the desired 
 success : fresh troops were imported from France, and a 
 letter procured from the duke of York to colonel Don- 
 gan, commanding him to lay no obstacles in the way. 
 The officers posted in the out forts, even as far as Mes^ 
 
 * This covenant was ratified in 1685, and at several times since. 
 
 t By the Far Nations, are meant all those numerous tribes inhabiting 
 the countries on both sides of the lakes Huron and Erie, westward, as 
 far as the Missisippi, and the southern country along the banks of thd 
 Ohio, and its branches. 
 
 t By the French called Miaraies. 
 
84 
 
 History of New- York. 
 
 silimakinac, were ordered to rendezvous at Niagara, willi 
 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. Af-> 
 ter six weeks delay at fort Frontenac, during which 
 time a great sickness, occasioned by bad provisions, 
 broke out in the French army, De la Barre found it ne- 
 cessary to conclude the campaign with a treaty, for 
 which purpose he crossed the lake, and came to the 
 place which, from the distress of his army, was called 
 la Famine. Dongan sent an interpreter among the In- 
 dians, by all means to prevent them from attending the 
 treaty. The Mohawks and Senecas accordingly re- 
 fused to meet De la Barre, but the Oneydoes, Ononda« 
 gas, and Cayugas, influenced by the missionaries, were 
 unwilling to hear the interpreter, except before the 
 priests, one La Main, and three other Frenchmen, and 
 afterwards waited upon the French governour. Two 
 days after their arrival in the camp, monsieur De la 
 Barre, addressing himself to Garrangula, an Onondaga 
 chief, 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. Thp 
 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, Cay- 
 ugas, Onondagas, and Mohawks, to give entire satisfac- 
 tion and reparation to his subjects, and for the future 
 never to molebt them. 
 
Histoj^y of NeW'YorJc. 85, 
 
 "^'^ The Senecas, Cayugas, Onondagas, Oneydoes, and 
 Mohawks, have robbed and abused all the traders that 
 were passing to the Illinois and Miainies, and other In- 
 dian nations, the children of inj king. They have 
 acted, on these occasions, contrary to the treaty of 
 peace with my predecessor. I am ordered, therefore, 
 to demand satisfaction, and to tell them, that in case of 
 refusal, or their plundering us any more, I have ex- 
 press orders to declare war. This belt confirms my 
 words. The warriours of the Five Nations liave con- 
 ducted the English into the lakes, which belong to the 
 king, my master, and brought the English among the 
 nations that are his children, to destroy the trade of his 
 subjects, and to withdraw these nations from him. They 
 have carried the English thither, notwithstanding the 
 prohibition of the late governour of New-York, who 
 foresaw tiie risque that both they and you would run. 
 I am willing to forget those things, but if ever the like 
 ghall happen ior the future, I have express orders to de« 
 clare war against you. This belt confirms my words. 
 
 Your warriours have made several barbarous in- 
 cursions on the Illinois and Miamies ; they have 
 massacred men, women, and children, and have made 
 many of these nations prisoners, who thought them- 
 selves safe in their villages in time of peace : 
 these people, who are my king's children, must 
 not be yaur 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 or- 
 ders to declare war against them. This belt confirms 
 my words. 
 
 " This is what I have to say to Garrangula, that he 
 m^y carry to the Senecas, Onondagas, Oneydoes, Cay- 
 
fi^ Mstory of NcTV'Tork. 
 
 ugas, and Mohawks, the declaration which the king, my 
 master, has commanded me to make. He doth not 
 wish them to force him to send a great army to Cadar- 
 ackui fort, to begin a war, which must be fatal to them* 
 He would be sorry that this fort, that was the work of 
 peace, should become the prison of your warriours. 
 We must endeavour, on both sides, to prevent such 
 inisfortunes. The French, who are the brethren and 
 friends of the Five Nations, will never trouble their re- 
 pose, provided that the satisfaction, which I demand, be 
 given ; and that the treaties of peace be hereafter ob- 
 served. I shall be extremely grieved, if my words do 
 not produce the effect which I expect from them ; for 
 then I shall be obliged to join with the governour of 
 New-York, who is commanded by his master, to assist 
 me, and burn the castles of the Five Nations, and de- 
 stroy you. This belt confirms my words.'* 
 
 Garrangula heard these threats with contempt, be- 
 cause 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, af- 
 ter walking five or six times round the circle, he an- 
 swered the French governour, who sat in an elbow 
 ©hair, in the following strain : 
 
 " YONNONDIO, 
 
 ^ I honour you, and the warriours 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 the banks, that they 
 
History of New-Yorh 
 
 had surrounded our castles, and that it was impossible 
 for us to get out of them. Y es, Yonnondio, surely you 
 must have dreamt so, and the curiosity of seeing so 
 great a wonder, has brought you so far. Now you are 
 undeceived, since that I and the warriours here pre- 
 sent, are come to assure you, that the Senecas, Cayu- 
 gas, Onondagas, Oneydoes, and Mohawks, are yet alive^ 
 I thank you, in their name, for bringing back into their 
 coimtry the calumet, which your predecessor received 
 from their hands. It was happy for you, that you left 
 under ground that murdering hatchet that has been so 
 often dyed in tlie blood of the French. Hear, Yonnon- 
 dio, I do not sleep, I have my eyes open, and the sun, 
 which enlightens me, discovers to me a great captain 
 at the head of a company of soldiers, who speaks as if 
 he were dreaming. He says, that he only came to the 
 lake to smoke on the great calumet with the Ononda- 
 gas. But Garrangula says, that he sees the contrary^, 
 that it was to knock them on the head, if sickness had 
 not weakened the arms of the French. 
 
 I see Yonnondio raving in a camp of sick men^ 
 w^hose lives the Great Spirit has saved, by inflicting this 
 sickness on them. Hear, Yonnondio, our women had 
 taken their clubs, our children and old men had carried 
 their bows and arrows into the heart of your camp, if 
 our warriours had not disarmed them, and kept them 
 back, when your messenger, Ohguesse, came to our 
 castles. It is done, and I have said it. Hear, Yonnon* 
 dio, 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 Jesu- 
 its, who stave all the kegs of rum brought to our csis^- 
 
History of Nm-York. 
 
 ties, lest the drunken Indians should knock them on 
 the head. Our warriours have not bever enough to 
 pay for all these arms that they have taken, and our 
 old men are not afraid of the war. This belt preserver 
 my words. 
 
 " We carried the English into our lakes, to trade 
 there with the Utawawas and Uuatoghies, as the Adi- 
 rondacks brought the Frencli to our castles, to carry on 
 a trade, which the English say is tlieirs. We are born 
 free ; we neither depend on Yonnondio nor Corlear. 
 
 W^e may go where we please, and carry with u^ 
 whom we please, and buy and sell what we please : if 
 your allies be your slaves, use them as such, command 
 them to receive no other but your people. This belt 
 preserves my words. 
 
 " We knocked the Twightwies and Chictaghicks on 
 the head, because they had cut dow^n the trees of peace, 
 which were the limits of our country. They have 
 hunted be vers on our lands : they hav« acted contra- 
 ry to the customs of all Indians ; for they left none of 
 the bevers alive, they killed both male and female* 
 They brought the Satanas ^ into the country, 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 pf so many In- 
 dian 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, Cayugas, On- 
 ondagas, Oneydoes, and Mohawks say, that when they 
 
 * B)^ the Freach called Sauouoons. 
 
History of New- York. 
 
 89 
 
 buried the hatchet at Cadarackui (in the presence of 
 your predecessor) in the middle of the fort; they plant- 
 ed the tree of peace in the same place, to be there 
 carefully preserved, that, in place of a retreat for sol- 
 diers, that fort might be a rendezvous for merchants : 
 that in place of arms and ammunition of war, beavers 
 and merchandise should only enter there. 
 
 " Hear, Yonnondio, take care for the future, that so 
 great a number of soldiers as appear there do not choke 
 the tree of peace planted in so small a fort. It will be 
 a great loss, if, after it had so easily taken root, you 
 should stop its growth, and prevent its covering your 
 country and ours with its branches. I assure you, in 
 the name of the Five Nations, that our warriours shall 
 dance to the calumet of peace under its leaves, and 
 shall remain quiet on their mats, and shall never dig up 
 the hatchet, till their brother Yonnondio or Corlear 
 shall either jointly or separately endeavour to attack 
 the country, which the Great Spirit has given to our 
 ancestors. This belt preserves my words, and this 
 otherj the authority which the Five Nations have given 
 me." 
 
 Then Garrangula, addressing himself to monsieur 
 La Main, said " Take courage, Ohguesse, you have 
 spirit, speak, explain my words, forget nothing, tell all 
 that your brethren and friends say to Yonnondio, your 
 governour, by the mouth of Garrangula, who loves you, 
 and desires you to accept of this present of beaver, and 
 take part with me in my feast, to which I invite you. 
 This present of beaver is sent to Yonnondio, on the 
 part of the Five Nations." 
 
 Enraged at this bold reply, De la Barre as soon as 
 the peace was concluded, retired to Monlreal, and in- 
 
Bistory of New-YorL 
 
 gloriously finished an expensive campai£yn, as Doctor 
 Golden observes, in a scold \^ \ih an old Indian. 
 
 De la Barre was succeeded by the marquis De Non- 
 Tille, colonel of the dragoons, who arrived with a rein- 
 forcement of troops, in 168.^. The marquis was a man 
 6f 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, suf- 
 ficient to contain four or five hundred men, at Ni- 
 agara, not only to exclude the English from the lakes, 
 but to command the fur trade and subdue the Five 
 ]^ations. Dongan, who was jealous of his designsj 
 took umbrage at the extraordinary supplies sent to 
 fort Frontenac, and wrote to the French governour, 
 signifying that if he attacked the confederates, he would 
 consider it as a breach of the peace subsisting between 
 the two crowns ; and to prevent his building a fort at 
 INiagara, he protested against it, and claimed the coun- 
 try as dependent upon the province. De Nouviile, in 
 his answer, denied that he intended to invade the Five 
 INationSj tho' the necessary preparations for that pur- 
 p( se were then carrying on, and yet Charlevoix com- 
 mends him for his piety and uprightness, egalement 
 estimable (says the Jesuit) pour sa valeur^ sa droitnre Sf 
 supieUr Colonel Dongan, who knew the importance 
 of our Indian alliance, placed no confidence in the de- 
 clarations of the marquis, but exerted himself in pre- 
 paring the confederates for a war; and the French au- 
 tlior, just mentioned, does him honour, while he com- 
 plains of him as a perpetual obstacle in the way of tiie* 
 
History oj New-York. 91 
 
 execution of fheir schemes. Our allies were now tri- 
 uaiphing in their success over the Chictaghics, and me- 
 ditating a war with the Twightwies, who had disturbed 
 them in their beaver hunting. De Nonville, to prevent 
 the interruption of the French trade witii the Twight- 
 wies,* determined to divert the Five iVations, and carry 
 the war into their country. To that end, in 1637, he 
 collected two thousand troops and six hundred Indians 
 at Montreal, 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 Sen- 
 ecas. An English party, under one M'Gregory, at the 
 same ti ne, was gone out to trade on the lakes, but the 
 French, notwithstanding the peace then subsisting be« 
 tween the two crowns, intercepted them, seized their 
 effects, and imprisoned their persons. Monsieur Fon- 
 ti, commandant among the Chictaghics who was com- 
 ing to the general's rendezvous at Niagara, did tha 
 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 recep* 
 lion. Monsieur Companie, with two or three hundred 
 Canadians, in an advanced party, surprised two villages 
 of the confederates, who, at the invitation, and on the 
 faith of the French, seated themselves down about eight 
 leagues from lake Fadarackui or Ontario. To pre- 
 vent their escape with intelligence to their countrymen, 
 they were carried to the fort, and all but thirteen died 
 in torments at the stake, singing with an heroick spirit^ 
 
 * Both these attacks were open infractions of the treaty at Whitehall, 
 executed in November, 1686; by which it was agreed that the Indian 
 trade in America sliouid be free to the English ami French. 
 
History of JSew- York. 
 
 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 mar- 
 quis having embarked his whole army in canoes, set out 
 from the fort at Cadarackui, on tlie 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 
 ^ame 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 
 rear of the Indians and traders. The scouts advanced 
 the second day of their march, as far as the corn of the 
 village, and within pistol shot of five hundred Senecas, 
 Avho lay upon their bellies undiscovered. The French, 
 w^ho imagined the enemy were all fled, quickened their 
 march to overtake the women and old men. But iio 
 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 ensu- 
 ed. The battalions divided, fired upon each other, and 
 flew into the wood. The Senecas improved the disor- 
 der of the enemy, till they were repulsed by the 
 French Indians. According to Charlevoix's account, 
 which may be justly suspected, the enemy lost but six 
 men, and had twenty wounded, in the conflict. Of the 
 Senecas, he says, sixty were wounded and forty-five 
 slain. The marquis was so much dispirited, that he 
 could not be persuaded to pursue the enemy that day ; 
 which gave the Senecas an opportunity to burn their 
 village and get off. Two old men remained in the castle 
 to receive the general, and regale the barbarity of his 
 
History of New- York. 
 
 93 
 
 Indian allies. After destroying the corn in this and seve- 
 ral other villages, the army retired to the banks of the 
 lake, and erected a fort with foiu' bastions on the south- 
 east side of the streights at Niagara, in which they left 
 one hundred men, under the command of Le Chevalier 
 de le Troye, with eight months provisions; but these 
 being close blocked up, all, except seven or eight of 
 them, who were accidentally relieved, perished through 
 famine/^ Soon after this expedition, colonel Dongan 
 met the Five Nations at Albany. To what intent, ap- 
 pears from the speech he made to them on the 5th of 
 August, which I choose to lay before the reader, to 
 shew his vigilance and zeal for the interest of his mas- 
 ter, and the commonweal of the province committed 
 to his care. 
 
 Brethren, 
 
 " I am very glad to see you here in this house, and 
 am heartily glad that you have sustained no greater 
 loss by the French, though I believe it was their inten- 
 tion to destroy you all, if they coidd have surprised 
 you in your castles. 
 
 " 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 time would allow^ me. 
 
 * Nothing can be more perfidious and unjust than this attack upon 
 our confederates. The two crowns had but just conckided a treaty 
 for the preservation of the peace : La Hontau, one of the French his- 
 torians, censures De Nonville's conduct, and admits the British title to 
 the command of the lakes, but Charlevoix blames hira, as he does 
 Hennepio, De L'Isle, and every other author, who confesses the truth 
 to the prejudice of the ambitious claims of the court of France, 
 
94 
 
 History of Neiv-YorJc. 
 
 I am now about sending a gentleman to England^ 
 to the king, my master, to let him know, that the 
 French have invaded his territories on this side of the 
 great lake, and warred upon the brethren, his subjects* 
 I therefore would willingly know whether the brethren 
 ha?e given the governour of Canada any provocation 
 or not ; and if they have, how, and in what manner ; 
 because f am obliged to give a true account of this mat- 
 ter. 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 governour of Canada dare not enter in- 
 to the king of England^s territories, in a hostile manner^ 
 without provocation, if he thought the brethren were 
 the king of England^s subjects ; but you have, two or 
 three years ago, made a covenant chain with the French^ 
 contrary to my command (which I knew could not hold 
 long) being void of itself among the Christians ; for 
 as much as subjects (as you are) ought not to treat 
 with any foreign nation, it not lying in your power. 
 You have brought this trouble upon yourselves, and, 
 as I believe, this is the only reason of their falling on 
 you at this time. 
 
 " Brethren, 1 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 with- 
 out you but you cannot live without us ; you never 
 found that I told you a lie, and I offered you the assis- 
 tance you wanted, provided that you would be advised 
 by me; for I know the French better than any of you 
 
History of New- York. 
 
 95 
 
 Now since il^re is a war begun upon you by the 
 governour of Canada, I hope without any provocation 
 by you given, I desire and command you, that yoiii 
 hearken to no tieaty but by my advice ; which if y<m 
 follow, you shall have the benefit of the great chain of 
 friendsliip between the great king of England, and the 
 king of Prance, 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. 
 
 ^' 1st, 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 tliem to exchange for your ]>eo- 
 pie, which tliey have prisoners already, or may take 
 hereafter.'^ 
 
 " 2dly, That if it be possible, that you can order it so, 
 I would have you take one or two of your wisest sa- 
 chems, and one or two of your wisest captains, of each 
 nation, to be a council to manage all affairs of the war. 
 They, to give orders to the rest of tiie otBcers what they 
 are to do, that your designs may be kept private ; for 
 after it comes among so many people, it is blazed abroad, 
 and your designs are often frustrated; and those chief 
 men should keep a correspondence with me by a trusty 
 Hiessengen 
 
 " idly, The great matter imder consideration with 
 the brethren, is, how to strengthen themselves, and 
 weaken their enemy. My opinion is, that the breth- 
 ren should send messengers to the Utawawas, Twight- 
 wies, and the farther Indians, and to send back likewise 
 some of the prisoners of these nations, if you have any 
 left, to bury the iiatchet^ and to make a covenant chain> 
 
96 
 
 History of New- York. 
 
 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 subject likewise, 
 though the French have been admitted to trade with 
 Ihem ; for al] 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, Another thing of concern is, that you ought 
 to do what you can to open a path for all the nor(h In- 
 dians 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 pur- 
 pose 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 ; therefore all means must be used 
 to bring them home, and use them kindly as they pass 
 through your country. 
 
 " 5thly, My advice furtlier, is, that messengers go, in 
 behalf of all the Five Nations, to the Christian Indians 
 in Canada to persuade them to come home to their na- 
 tive country. This will be another great means to weak- 
 en your enemy ; but if they will not be advised, you 
 know what to do with them. 
 
 " 6thly, I think it very necessary, for the brethren's 
 security and assistance, and to the endamaging 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. 
 
History of New-York. 
 
 S7 
 
 7thly, I would not have the brethren keep then- 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 as- 
 sembly, by Mr. Dirk Wessels and Akus, the interpre- 
 ter, how you are to manage your parties, and how ne- 
 cessary 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 were 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 Cadarackui ; 
 if you had, they would have served you as they did 
 your people that came from hunting thither, for I told 
 you that I knew 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 car- 
 ry to Canada, but which was brought hither ; therefore, 
 T 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. 
 
 " llthly, 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 Ca- 
 darackui and Oniagara, w^here they have built a forf 
 now, and at Trois Rivieres, Montreal and Chambly. 
 
 13 
 
98 
 
 Hidory of New-York. 
 
 12tlily, Let me put you in mind again, not to make 
 any treaties without my means, tvlilch will be more ad- 
 vantageous for you, than your doing it for yomselves, 
 for then you will be looked upon as the king of Eng- 
 land's subjects, and let me know, from tinie 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 Indians, 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 Fron- 
 tenac, whom they confined instead of the Indians sent 
 home to the galleys, notwithstanding the utmost address 
 was used to regain them, by Lamberville, a French 
 priest, who delivered them two belts, to engage their 
 kindness to the prisoners, 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 Yaillant was sent here 
 about the beginning of the year 1688, under colour of 
 bringing an answer, but in reality as a spy. Col. Don- 
 gan 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 respec- 
 tive contons, 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 com- 
 pelling the French to apply to him in all their affairs 
 with the Five Nations ; wliile they, on the other hand. 
 
History of New- York. 
 
 99 
 
 were for treating with them independent of the Eng- 
 lish. For this reason, among others, he refused them 
 the assistance they frequently required, till they ac- 
 knowledged the dependence of the confederates on the 
 English crown. King James, a poor, bigotted, popish, 
 priestridden prince, ordered his governour to give up thi^ 
 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 mu- 
 tual redelivery of prisoners was algreed upon. Near 
 twelve hundred of the confederates attended this nego* 
 cidtion 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 
 governour declared his willingness to put an end to the 
 war, if all his allies might be included in the treaty of 
 peace, if the Mohawks and Senecas would send depu- 
 ties to signify their concurrence, and the French might 
 supply fort Frontenac with provisions. The confede- 
 rates, according to the French accounts, acceded to 
 these condition?, and the treaty was ratified in the field. 
 But a new rupture not long after ensued, from a cause 
 entirely unsus})ected. The Dinondadies had lately in- 
 clined to the English trade at Messilimakinac, imd their 
 alliance was therefore become suspected by the French. 
 Adario, their cliief, thouglit to rvegain the ancient confi- 
 dence 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 : 
 ^lotliing was more disagreable to him than the prospect 
 of peace between tlie French and the confederates ; for 
 that event would not only render the amity of the Di- 
 nondadies useless, but give the French an opportunity 
 
100 
 
 History of New- York. 
 
 of resenting their late favourable conduct towards the 
 English. Impressed with these sentiments, out of af- 
 fection to his country, he intercepted the ambassadours 
 of the Five Nations, at one of the falls in Cadarackui 
 river, killed some, and took others prisoners, telling 
 them that the French governour had informed him, that 
 fifty warriours of the Five Nations were coming that 
 way. As the Dinondadies and confederates were then 
 at war, the ambassadours were astonished at the perfidy 
 pf the French governour, and could not help communi- 
 cating the design of their journey. Adario, in prosecu- 
 tion of his crafty scheme, counterfeited the utmost dis- 
 tress, anger, and shame, on being made the ignominious 
 tool of De Nonville^s treachery, and addressing himself 
 to Dekanesora, the principal ambassadour, said to him, 
 *^ Go, my brethren, I untie your bonds, and send you 
 home again, though our nations be at war. The French 
 governour 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 indig- 
 nity upon the rights of ambassadours, the truth of which 
 they did not in the least doubt, animated the confede- 
 rates to the keenest thirst after revenge ; and accord- 
 ingly twelve hundred of their men, on the 26th of July, 
 168B, landed on t he 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 skuts of 
 the town, A thousand French were slain in this inva- 
 sion, and twenty-six carried into captivity and burnt 
 alive. Many more were made prisoners in another at- 
 tack in October, and tiie lower part of the island whol- 
 
History of Nerv-YorTc. 
 
 101 
 
 ly destroyed. Only three of the confederates were 
 lost, in all this scene of misery and desolation."^^ 
 
 Never before did Canada sustain such a heavy blow, 
 Tlie news of this attack on Montreal no sooner reach- 
 ed the garrison at the lake Ontario, than they set fire to 
 the two barks, which they had built there, and abandon- 
 ed the fort, leaving a match to twenty-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 seized the fort, the 
 powder and the stores ; and of all the French allies, 
 who were vastly numerous, only the Nepicirinians and 
 Kikabous adhered to them in their calamities. The 
 Utawawas and seven other nations instantly made peace 
 Vv^ith the English ; and but for the uncommon sagacity 
 and address of the sieur Perot, the western Indians 
 would have murdered every Frenchman among them. 
 Nor did the distresses of the Canadians end here. Nu- 
 merous scouts from the Five Nations, continually in- 
 fested their borders. The frequent depredations that 
 were made, prevented tliem from the cidtivation of their 
 fields, and a distressing famine raged through the whole 
 country. Nothing but the ignorance of the Indians in 
 the art of attacking fortified places, saved Canada from 
 being now utterly cut off. It was tlierefore unspeaka^ 
 ably fortunate to the French, that the Indians had no 
 assistance from the English, and as unfortimate to us, 
 
 * I have followed Dr. Coklen in the account of this attack, ^vho dif- 
 fers from Charlevoix. That jesuit tells ug, that the invasion was late 
 in August, and the Indians fifteen hundred strong ; and as to the loss 
 of the French, he diminishes it only to two hundred souls. 
 
102 History of New- York. 
 
 that our colonies were then incapable of affording suc- 
 cours to the confederates, through the malignant influ- 
 ence of those execrable measures, which were pursued 
 under the infamous reign of king James the second. 
 Colonel Dongan, whatever his conduct might have been 
 in civil aSairs, did all that he could in those relating to 
 the Indians, and fell at last into the king's displea- 
 sure, through his zeal for the true interest of the pro- 
 vince. 
 
 Wiiile these things were transacting in Canada, a 
 scene of the greatest importance was opening at New- 
 York. A general disaffection to the government pre- 
 vailed among the people. Papists began to settle in 
 the colony under the smiles of the governour. The col- 
 lector of the revenues, and several principal officers, 
 threw off the mask, and openly avowed their attach- 
 ment to the doctrines of Rome. A Latin school was 
 set up, and the teacher strongly suspected for a Jesuit. 
 The people of Long Island, who were disappointed in 
 their expectation of mighty boons, promised by the 
 governour on his arrival, were become his personal 
 enemies ; and, in a word, the whole body of the peo- 
 ple trembled for the protestant cause. Here the lea- 
 ven of opposition first began to work. Their intel- 
 ligence from England, of the designs tliere in favour 
 of the prince of Orange, blew up the coals of discon- 
 tent, and elevated the hopes of the disaffected. But 
 no man dared to spring in action, till after the rup- 
 ture in Boston. Sir Edmond Andross, who was per- 
 fectly devoted to the arbitrary measures of king 
 James, by his tyranny in New-England, had drawn 
 upon himself the universal odium of the people, an- 
 imated with the love of liberty and in the defence of 
 
History of New-York. 
 
 JQ3 
 
 it resolute and courageous ; and, therefore, when they 
 could no longer endure his despotick rule, they seiz- 
 ed and imprisoned him, and afterwards sent him to 
 England, The government, in the mean time, was vest- 
 ed in the hands of a committee for the safety of the 
 people, of which Mr. Bradstreet, was chosen presi- 
 dent. Upon the news of this event, several captains 
 of our militia convened themselves to concert mea- 
 sures in favour of the prince of Orange. Among 
 these, 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 qualilica- 
 tion necessary for the enterprise. Milix)rne, his son 
 in law, an Englishman, directed all his councils, 
 while Leisler as absolutely influenced the other offi- 
 cers. 
 
 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 Leis- 
 ler a fine opportuiiity of executing the design. He 
 entered it with forty-nine men, and determined to 
 hold it till the whole militia should join him. Colo- 
 nel Dongan, who was about to leave the province, 
 then lay embarked in the bay, having a little be- 
 fore resigned the government to Francis Nicholson, 
 the lieutenant governour. The council, civil officers, 
 and magistrates of the city, were against Leisler, 
 and therefore many of his friends were at first fear- 
 ful of openly espousing a cause disapproved by the 
 gentlemen of figure. For this reason, Leisler's first de- 
 claration in favour of the prince of Orange, was sub- 
 scribed only by a few, among several companies of 
 the trained bands. While the people, for four days 
 
104 
 
 History of New-York. 
 
 successively, were in the utmost perplexity to deter- 
 mine what part to choose, being solicited by Leisler 
 on the one hand, and threatened by the lieutenant 
 governour on the other, the town was alarmed with 
 a report that three ships were coming up with or- 
 ders from the prince of Orange. This falsehood was 
 very seasonably propagated to serve the interest of 
 Leislei;; for, on that day, the 3d of June, 1689, his 
 party was augmented by the addition of six captains 
 and four hundred men in New- York, and a compa- 
 ny of seventy men from East Chester, who all subscrib- 
 ed a second declaration,"^ mutually covenanting to 
 hold the fort for the prince. Colonel Dongan continu- 
 ed till this time in the harbour, waiting the issue of 
 these commotions ; and Nicholson's party being now 
 unable to contend with their opponents wete totally 
 dispersed, the lieutenant governour himself absconding, 
 the very night after ihe last declaration was signed. 
 
 I have taken an exact copy of it for the satisfaction of the reader* 
 " Whereas our intention, tended only but to the preservation of the 
 protestant religion, and the fort of this ciity, to the end that we may 
 avoid and prevent, the rash jad^rment of tlie world, in so just a design ; 
 wee have thought fiit to let every body know by these publick pro- 
 clamation, that till tlie safe arryvell of the ships, that wee expect eve- 
 ry day, from his royal highness the prince of Orange, w itii orders for 
 the government of this country in the behalf of ^uch person, as the said 
 royal highness had chosen, and honoured with the charge of a gover- 
 nour, that as soon as the bearer of the said orders, shall have let us see 
 his power, then, and without any delay, we shall execute the said or- 
 ders punctually ; declaring that we do intend to submit and obey, not 
 only the said orders, but also the bearer thereof, committed for the ex- 
 ecution of the same. In witness hereof, w e have signed these pre- 
 sents, the third of June, 1 689. 
 
History of New- York. 
 
 Leisler being now in complete possession of the fort, 
 sent home an address to king William and queen Ma- 
 ry, as soon as he received the news of their accession to 
 the throne. It is a tedious, incorrect, ill-drawn narra- 
 tive of the grievances which the people had endured^ 
 and the methods lately taken to secure themselves^ end* 
 ing with a recognition of the sovereignty of the king 
 and queen over the whole English 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 garri* 
 son, the repairs he had made to it, and the temper of the 
 people, and concludes with strong protestations of his 
 sincerity, loyalty, and zeal. Jost Stoll, an ensign, on 
 the deliveiy of this letter to the king, had the honour 
 to kiss his majesty's hand, but Nicholson, the lieutenant 
 governour, and one Ennis, an episcopal clergyman, ar- 
 rived in England before him ; and by falsely represent- 
 ing the late measures in New-York, as proceeding 
 rather from their aversion to the church of England, 
 than zeal for the prince of Orange, Leisler and his par- 
 ty missed the rewards and notice which their activity 
 for the revolution justly deserved* For though the king 
 made Stoll the bearer of his thanks to the people for 
 their fidelity, he so little regarded Leisler's complaints 
 against Nicholson, that he was soon after preferred to 
 the government of Virginia. Dongan returned to Ire- 
 land, and, it is said, succeeded to the earldom of Lime* 
 rick. 
 
 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 ex- 
 cite the envy and jealousy of the lat^ council and ma- 
 
 14 
 
106 
 
 History of New-Yorlc. 
 
 gistrates, who had refused to join in the glorious wort of 
 the revolution ; and hence the spring of all their aver- 
 sion, both to the man and his measures. Colonel Bay- 
 ard, and Courtland, the mayor of the city, were at the 
 head of his opponents, and finding it impossible to raise 
 a party against him in the city, they very early retired 
 to Albany, and there endeavoured to foment the oppo- 
 sition. Leisler, on the other hand, fearful of their in- 
 fluence> 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 1st 
 of July had committed solely to himself. In conjunc- 
 tion wath these, (who, after the Boston example, were 
 called the committee of safety) he exercised the go* 
 Ternment, 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 otheis, 
 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 majes- 
 ties' province of JNew-York, in America." This letter 
 was dated the 29th of July, and was accompanied with 
 another from lord Nottingham, dated the next day, 
 which, after empowering Nicholson to take upon him 
 the chief command, and to appoint for his assistance as 
 many of the principal freeholders and inhabitants as he 
 should think fit, requiring also " to do every thing ap- 
 pertaining to the office of lieutenant governour, accord- 
 ing to the laws and customs of New-York, until further 
 orders." 
 
 Nicholson being absconded when this packet came to 
 liand^ Leisler considered the letter as directed to him- 
 
History of New-Fork* 
 
 self, and from this time issued all kinds of Commissions 
 in his own name, assuming the title, as well as authori- 
 ty, of lieutenant governour. On the 11th of December, 
 he summoned the committee of safety, and agreeable 
 to their advice, swore the following persons for his 
 council : Peter de Lanoy, Samuel Staats, Hendrick 
 Jansen, and Johannes Yermilie, for New- York. Ge- 
 Tardus Beekman, for King's county. For Queen's coun- 
 ty, Samuel Edseh Thomas Williams, for Westchester. 
 William Law rence, for Orange county* 
 
 Except the eastern inhabitants of Long Island, all 
 the southern part of the colony cheerfully submitted 
 to Leister's command. The principal freeholders, how- 
 ever, by their respectful letters, gave him hopes of their 
 submission, and thereby prevented his betaking himself 
 to arms, while they were privately 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 colonized ; and, tiierefore, as soon as Con- 
 necticut 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 de- 
 termined to hold the garrison and city for king Wil- 
 liam, independent of Leisler, and on the 26th of Octo- 
 ber, which was before the packet arrived from lord 
 Nottingham, formed themselves into a convention for 
 that purpose. As Leisler's attempt to reduce this coun- 
 try to his command, was the original cause of the fu- 
 ture divisions in the province, and in the end brought 
 
108 
 
 ITistory oj New- York. 
 
 about his own ruin, it may not be improper to see the 
 resolution of the convention, a copy of which was sent 
 4own to him at large. 
 
 Lieut. Robert Sanderse, 
 
 " Resolved, since we are informed by persons con> 
 ing from New- York, that captain Jacob Leisler is de- 
 signed to send up a compainy of airmed men, upon pre- 
 tence to assist us in this country, who intend to make 
 themselves master of their majesties' 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 al- 
 dejrman Levinus Van Schaic, now at New- York, and 
 lieutenant Jochim Staets, to make narrow enquiry of the 
 business, 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 willingt 
 ly accept any such assistance 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^ 
 r^ceiive from the convention ; and that by no means 
 
 Peter Schuyler, Mayor, 
 Dirk Wessels, Recorder, 
 Jan Wandal, 
 Jan Jaosen Bleeker, 
 KiUian V. Renslaer, J ustice, 
 Capt. Marte Gerritse, Justice, 
 Capt. Gerrit Tunisse, 
 Dirk Tunisse, Justice, 
 
 Claes Ripse, 
 David Schuyler, 
 Albert Ryckman, 
 
 Rynier Barentse. 
 
 John Cuyler, 
 
 Gerrit Ryerse, 
 Evert Banker, 
 
 Aldermen, 
 
Hislory of New-York. 
 
 109 
 
 they will be admitted, to have the command of their 
 majesties' fort or this city ; which we intend, by God's 
 assistance, to keep and preserve for the behoof of their 
 majesties William and Mary, king and queen of Eng- 
 land, as we hitherto have done since their proclamation ; 
 and if you hear, that they persevere with such inten- 
 tions, 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." 
 
 Taking it for granted, that Leisler at New-York, 
 and the convention at Albany, were equally affected 
 to the revolution, nothing could be more egregiously 
 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 
 publick affairs of the colony. When Albany declared 
 for the prince of Orange, there was nothing else that 
 Leisler could properly require : and rather than sacri- 
 fice the publick peace of the province, to the trifling 
 honour of resisting a man who had no evil designs, Al- 
 bany ought in prudence to have delivered the garrison 
 into his hands, till the king's definitive orders should ar- 
 rive. But while Leisler, on the one hand, was inebri- 
 ated with his new gotten power, so on the other, Bay- 
 ard, Courtland, Schuyler, and others, could not brook, 
 a submission to the authority of a man, mean in his 
 abilities, and inferiour in his degree. Animated by 
 
110 
 
 History of New-Yorh 
 
 these principles, both parties prepared, the one to re- 
 duce, if I may use the expression, the other to retain, 
 the garrison of Albany. Mr. Livingston, a 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 on- 
 ly to prevent these supplies, but wrote letters, to have 
 Livingston apprehended as an enemy to the reigning 
 powers, and to procure succours from Boston, falsely 
 represented the convention as in the interest of the 
 French and king James. 
 
 Jacob Milborne was commissioned for the reduction 
 of Albany. Upon his arrival there, a great number of 
 the inhabitants armed themselves and repaired to the 
 fort, then commanded by Mr. Schuyler, while many 
 others followed the other members of the convention 
 to a conference with him at the city hall. Milborne^ 
 to proselyte the crowd, declaimed much against king 
 James, popery, and arbitrary power ; but liis oratory 
 was lost upon the hearers, who, after several meetings, 
 still adhered to the convention. Milborne then ad- 
 vanced with a few men up to the fort, and Mr. Schuy- 
 ler had the utmost difficulty to prevent both his own 
 men, and the Mohawks, who were then in Albany, and 
 perfectly devoted to his service, from firing upon Mil- 
 borne's party, which consisted of an inconsiderable 
 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 er- 
 rand, and the distress of the country upon an Indian 
 iiTuption, gave him all the desired success. No sooner 
 was he possessed of the garrison, than most of the prin^ 
 
History of New-York. 
 
 Ill 
 
 cipal members of the convention absconded. Upon 
 which, their effects were arbitrarily seized and confis- 
 cated, which so highly exasperated the sufferers, that 
 theii' posterity, to this day, cannot speak of these trou- 
 bles, without tlie bitterest invectives against Leisler 
 and all his adherents. 
 
 In the midst of those intestine confusions at New- 
 York, the people of New-England, were engaged in a 
 war with the Owenagimgas, Ourages, and Penocaks. 
 Between these and the Schakook Indians, there was then 
 a friendly communication, and the same was suspected 
 of the Mohawks, among whom some of the Owenagun- 
 gas had taken sanctuary. This gave rise to a confer- 
 ence between several commissioners from Boston, Ply- 
 mouth, and Connecticut, and the Five Nations, at Al- 
 bany, in September, 1689, the former endeavouring to 
 engage the latter, against those eastern Indians, who 
 were then at war with the New-England colonies* 
 Tahajadoris, a Mohawk sachem, in a long oration, an- 
 swered the English message, and, however improbable 
 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 prepared for the purpose, and at th^ 
 close of every principal article of the message delivered 
 to them, gives a stick to another sachem charging him 
 with remembrance of it. By this means the oratour, af- 
 ter a previous conference with the Indians, is prepared 
 to repeat every part of the message, and give it its pro- 
 per reply. This custom is invariably pursued in all 
 their publick treaties. 
 
 The conference did not answer the expectation of the 
 peopk of New-England, the Five Nations discovering 
 
112 
 
 History oj New- York. 
 
 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 tlie 
 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 colonies, is 
 singularly expressed. " We promise to preserve the 
 chain inviolably, and wish that the sun may always 
 shine in peace over all our heads that are comprehend- 
 ed in this chain.'^ We give two belts. One for the 
 sun, and the otiier for its beams* We make fast the 
 roots of the tree of peace and tranquility which is plant- 
 ed in this place. Its roots extend as far as the utmost 
 of your colonies ; if the French should come to shake 
 this tree, we would feel it by the motion of its roots, 
 which extend into our country. But we trust it will 
 not be in the governour of Canada's power to shake 
 this tree, which has been so firmly, and long planted 
 with us." 
 
 Nothing could have been more advantageous to these 
 colonies, and especially to New- York, than the late suc- 
 cess of the Five Nations against Canada. The mise- 
 ries to which the French were reduced, rendered us 
 secure against their inroads, till the work of the revo- 
 lution was in a great measure accomplished ; and to 
 their distressed condition, we must principally ascribe 
 the defeat of the French design, about this time, to 
 make a conquest of the province. De Callieres, who 
 
 * The Indians* conceptiou of the league between them and us, is 
 couched under the idea of a chain extended from a ship to a tree; 
 sad every renewal of this league they call brighteiuDg the chain. 
 
History of New-York. 
 
 113 
 
 went to France in 1688, first projected the scheme ;^ 
 and the troubles in England encouraged^ the French 
 court to make the attempt. Caffiniere commanded the 
 ships which sailed for that purpose from Rochefort ; 
 subject, nevertheless, to the count De Frontenac, who 
 was general of the land forces, destined to march from 
 Canada by the rout of Sorel river and the lake Cham- 
 plain. The fleet and troops arrived at Chebucta, the 
 place of rendezvous, in September : from whence the 
 count proceeded to Quebec, leaving orders with Caf- 
 finiere to sail for New-York, and continue in the bay, 
 in sight of the city, but beyond the fire of our cannon, 
 till the 1st December : when, if he received no intelli- 
 gence from him, he was ordered to return to France, af- 
 ter unlading the ammunition, stores, and provisions at 
 Port-Roy al.f The count was in high spirits, and fully 
 determined upon the enterprise, till he arrived at Que- 
 bec ; where the news of the success of the Five Nations 
 against Montreal, the loss of his favourite fort at lake 
 Ontario, and the advanced season of the year, defeated 
 his aims, and broke up the expedition. De Nonville, 
 who was recalled, carried the news of this disappoint- 
 ment to the court of France, leaving the chief command 
 of the country in the hands of count Frontenac. This 
 
 * Charlevoix has published an extract of the memorial presented lo 
 the French king. The force demanded for this enterprise was to consist 
 of 1300 rej2;ulars, and 300 Canadians. Albany was said to be fortified 
 only by an inclosure of stockadoes and a little fort with four bastions; 
 and that it contained but 150 soldiers and 300 inhabitants. That 
 New- York, the capital of the province, was open, had a stone fort 
 with four bastions, and about four hundred! inhabitants^^ divided tat© 
 ^ight companies. 
 
 t Now Anjiapolis- 
 
 15 
 
114 
 
 History of ISew-Yorh 
 
 gentleman was a man of courage, and well acquainted 
 with the affairs of that country. He was then in the 68th 
 year of his age, and yet so far from consulting his ease, 
 that in a few days after he landed at Quebec, he re- 
 embarked in a canoe for Montreal, where his presence 
 was absolutely necessary, to animate the inhabitants 
 and regain their Indian alliances. A war, between the 
 English and French crowns, being broke out, the count 
 betook himself to every art, for concluding a pefice be- 
 tween Canada and the Five Nations ; and for this pur- 
 pose, the utmost civilities were shown to Taweraket 
 and the other Indians, who had been sent to France by 
 De ISonville, and were now returned. Three of those 
 Indians, who doubtless were struck with the grandeur 
 and glory of the French monarch, were properly sent 
 on the important message of conciliating the friendship 
 of the Five Nations. These, agreeable to our alliance, 
 sent two sachems to Albany > in December, with notice 
 that a council for that purpose was to be held at Onon- 
 daga. It is a just reflection upon the people of Albany, 
 that they regarded the treaty so slightly, as only to 
 send four Indians and the interpreter with instructions, 
 in their name, to dissuade the confederates from a ces- 
 sation of arms ; while the French, on the other hand, 
 had then a Jesuit among the Oneydoes. The council 
 began on the 22d of January, 1690, and consisted of 
 eighty sachems. Sadekanaghtie, an Onondaga chief, 
 opened the conference, llie whole was managed with 
 great art and fonnality, and concluded in sbovviijg a 
 disposition to make peace with the French, vvithout per- 
 fecting it ; guarding, at the same time, against giving 
 the least umbrage to the English. * 
 
History of New- York. 
 
 115 
 
 Among other measures to detach the Five Nations 
 from the British interest, and raise the depressed spirit 
 of the Canadians, the count De Frontenac thought pro- 
 per to send out several parties against the English col- 
 onies. D'x\illebout, De Mantel, and Le Moyne, com- 
 manded that against New- York, consisting of about two 
 hundred French and some Caghnuaga Indians, who, bet- 
 ing proselytes from the Mohawks, were perfectly ac- 
 quainted with that country. Their orders w^ere, in gen- 
 eral, to attack New- York ; but pursuing the advice of 
 the Indians, they resolved, instead of Albany, to sur- 
 prise Schenectady, a village seventeen miles northwest 
 from it, and about the same distance from the Mohawks. 
 The people of Schenectady, though they had been in- 
 formed of the designs of the enemy, w ere in the great- 
 est security ; judging it impracticable for any men to 
 march several hundred miles, in the depth of winter^ 
 through the snow, bearing their provisions on their backPv 
 Besides the village was in as much confusion as the rest 
 of the province ; the officers who were posted there, 
 being unable to preserve a regular w-atch, or any kind 
 of military order. Such was the state of Schenectady, 
 as represented by colonel Schuyler, who was at that 
 lime mayor of the city of Albany, and at the head of 
 the convention. A copy of his letter to the neighbour- 
 ing colonies, concerning this descent upon Schenecta- 
 dy, dated 151h of February, 1689-90, I have now lying 
 before me, under his own hand. 
 
 After two and twenty days march, the enemy fell in 
 w ith Schenectady, on the Oth of February ; and were 
 red [iced to such streights, that they had thoughts of sur^ 
 rendering themselves prisoners of war. But their scouts, 
 who were a day or two in the village entirely unsuspect- 
 
116 
 
 History of New- York. 
 
 ed, returned with such encouraging accounts of the ab- 
 solute security of the people, that the enemy deter- 
 mined on the attack. They entered on Saturday night 
 about eleven o'clock, at the gates, which were found 
 unshut ; and, that every house might be invested at the 
 same time, divided into small parties of six, or seven 
 men. The inhabitants were in a profound sleep, and 
 unalarmed, till their doors were broke open. Never 
 were people in a more wretched consternation. Before 
 they were risen from their beds, the enemy entered 
 their houses, and began the perpetration of the most in- 
 human barbarities. No tongue, says colonel Schuyler, 
 can express the cruelties that were committed. The 
 whole village was instantly in a blaze. Women with 
 child ripped open, and their infants cast into the flames, 
 or dashed against the posts of the doors. Sixty person^ 
 perished in the massacre, and twenty seven were carri- 
 ed into captivity. The rest fled naked towards Albany, 
 through a deep snow which fell that very night in a ter- 
 rible storm ; and twenty-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 in- 
 habitants of that city, the enemy being reported to be 
 one thousand four hundred strong. A party of horse 
 was immediately dispatched to ^chenectady, and a few 
 Mohawks, then in the town, fearful of being intercepted^ 
 were with difficulty sent to apprise their own castles. 
 
 The Mohawks were unacquainted with this bloody 
 ecene, till two days after it happened ; our messengers 
 being scarce able to travel through the great depth of 
 snow. The enemy, in the mean time, pillaged the 
 town of Schenectady till noon the next day ; and thejok 
 
History of New-YorJc. 
 
 117 
 
 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 shewing 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 offi- 
 cer declaring he had strict orders against it, on the score 
 of his wife's civilities to certain French captives in the 
 time of colonel Dongan. 
 
 The Mohawks, considering the cajoling arts of the 
 French, and that the Caghnuagas who were with them, 
 were once a part of their own body, behaved as well as 
 could be reasonably expected. They joined a party of 
 young men from Albany, fell upon tne rear of the ene- 
 my, and either killed or captivated five and twenty. 
 Several sachems, in the mean time, came to Albany, 
 and very affectingly addressed the inhabitants, who 
 w^ere just ready to abandon the country ; urging their 
 stay, and exciting an union of all the English colonies 
 against Canada. Their sentiments concerning the French 
 appear from the following speech of condolence. 
 " Brethren, we do not think, that what the French have 
 done can be called a victory : it is only a farther proof 
 of their cruel deceit : the governour of Canada, sent to 
 Onondaga, and talks to us of peace with our whole 
 house ; but war was in his heart, as you now see by wo- 
 ful experience. He did the same, formerly, at Cadar- 
 
118 
 
 History of New-Yorlc. 
 
 acqui, and in the Seneca's country. This is the third 
 time he has acted so deceitfully. He has broken open 
 our house, at both ends ; formerly in the Seneca's coun- 
 try, and now here. We hope however to be revenged 
 of them.'' 
 
 Agreeable to this declaration, the Indians soon after 
 treated the chevalier d'Eau and the rest of the French 
 messengers, who came to conclude the peace proposed 
 by Taweraket, with the utmost indignity ; and after- 
 wards delivered them up to the English. Besides this, 
 their scouts harrassed the borders of the enemy, and 
 fell upon a party of French and Indians, in the ri- 
 ver, about one hundred and twenty miles above Mon- 
 treal, under the command of Louvigni, a captain, who 
 was going to Missilimakinac, to prevent the conclusion of 
 the peace between the Utawawas and (iuatoghies, with 
 the Five Nations. The loss in this skirmish was nearly 
 equal on both sides. One of our prisoners was deliver- 
 ed to the Utawawas, who ate him. In revenge for this 
 barbarity, the Indians attacked the island of Montreal, 
 at Trembling Point, and killed an officer and twelve 
 men ; while another party carried oflf about fifteen pri- 
 soners taken at Riviere Puante, whom they afterwards 
 slew, through fear of their pursuers ; and others burnt 
 the French plantations at St. iEurs. But Avhat render- 
 ed this year most remarkable, was the expedition of 
 sir William Phips against Quebec. He sailed up the 
 river with a fleet of thirty-two sail, and came before 
 the city in October. Had he improved his time and 
 strength, the conquest would have been easy ; but by 
 spending three days in idle consultations, the French 
 governour brought in his forces, and entertained such 
 ^ mean opinion of the English knight, that he not only 
 
History of New- York. 
 
 despised his summons to surrender, but sent a verbal 
 answer, in which he called king William an usurper, 
 and poured the utmost contempt upon his subjects. 
 The .messenger, who carried the summons, insisted up- 
 on a w^ritten answ^er, and that within an hour ; but the 
 count de Frontenac absolutely refused it, adding, " III 
 answer your master by the mouth of my cannon, that 
 he may learn that a man of my condition is not to be 
 summoned in this manner." Upon this, sir William 
 made tw^o attempts to land below the town, but was re- 
 pulsed by the enemy, with considerable loss of men, 
 cannon and baggage. Several of the ships also cannon- 
 aded the city, but without any success. The forts at 
 the same time returned the fire, and obliged them to 
 retire in disorder. The French writers, in their ac- 
 counts of this expedition, universally censure the con- 
 duct of sir William, though they confess the valour of 
 his troops. La Hontan, who was then at Quebec, says, 
 he could not have acted in a manner more agreeable to 
 the French, if he had been in their interest.^ 
 
 ^ Dr. Golden supposes this attack was made upon Queboc, ia IGQl^ 
 but he is certainly mistaken ; see life of sir William Phips, published 
 at London, 1697...0}dmixon'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 
 Kew-York, Connecticut, and the Indians, to attack Montreal, accord- 
 ing to the original plan of operations. He tells us, that they marched 
 to the 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 the small pox, 
 which seized the camp, killed three hundred raeD^ and terrified out 
 Indian allie^,^ 
 
HISTORY OF H]lSW-YO]RK» 
 
 PART nr. 
 
 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 governour of this 
 province, dated the 4th of January, 1689, arrived here, 
 and published it on the 19th of March, 169L Never was 
 a governour more necessary to the province, than at this 
 critical conjuncture ; as well for reconciling a divided 
 peoplcj as for defending them against the wales of a 
 cunning adversary* But either through the hurry of 
 the king's affairs, or the powerful interest of a favouf-^ 
 ite, a man was sent over, utterly destitute of every 
 qualification for government, licentious in his morals, 
 avaricious, and poor. The council present at his arrival 
 were, 
 
 Joseph Dudley, Gabriel Mienvielle^ 
 
 Frederick Philipse, Chudley Brook, 
 Stephen Van Courtlandtj Thomas Willet, 
 William Pinhorne* 
 If Leisler had delivered the garrison to colonel 
 Sloughterj as he ought to have done, upon his first 
 landing, besides extinguishing, in a great degree, tha 
 animosities then subsisting, he would, doubtless, have at- 
 ti^acted the favourable notice, both of the govcrtiour 
 
 16 
 
1212 History of Neiv- YorL 
 
 and the crown. But being a weak man, he was so in-' 
 toxicated with the love of power, that though he had' 
 been well informed of Sloughter's appointment to the 
 government, he not only shut himself up in the fort 
 with Bayard and Nichols, whom he had, before that time, 
 imprisoned, but refused to deliver them up, or to sur- 
 render the garrison. From this moment he lost all cre- 
 dit with the governour, who joined the other party 
 against him. On the second demand of the fort. Mil- 
 borne and De Lanoy came out, under pretence of con- 
 ferring with his excellency, but in reality to discover his 
 designs. Sloughter, who considered them as rebels, 
 threw them both into gaol. Leisler, upon this event, 
 thought proper to abandon the fort, which colonel 
 Sloughter immediately entered. Bayard and Nichols 
 were now released from their confinement, and sworn 
 of the privy council. Leisler having thus ruined his 
 cause, was apprehended with many of his adherents, and 
 a commission of oyer and terminer issued to sir Thomas^ 
 Robinson, colonel Smith, and others, for their trials. 
 
 In vain did they plead the merit of their zeal for king 
 William, since they had so lately opposed his governour. 
 Leisler, in particular, endeavoured to justify his con- 
 duct, insisting that lord Nottingham's letter entitled 
 him to act in the quality of lieutenant governour. 
 Whether it was through ignorance or sycophancy, I 
 know not : but the judges instead of pronounting their 
 own sentiments upon this part of the prisoner's defence,, 
 referred it to the governour and council, prav ing their 
 opinion, whether that letter " or any other letters, or 
 papers, in the packet from Whitehall, can be under- 
 stood, or interpreted, to be and contain, any power, or 
 4iiection to captain Leisler, to take tlie government of 
 
History of New-York. 123 
 
 iiiis province upon himself, or that the administration 
 thereupon be holden good in law." The answer was, as 
 might have been expected, in the negative ; and Leisler 
 and his son were condemned to death for high treason. 
 These violent measures drove many of the inhabitants, 
 who were fearful of being apprehended, into the neigh- 
 bouring colonies which shortly after occasioned the pass^ 
 ing an act of general indemnity. 
 
 From the surrender of the province to the year 1683, 
 the inhabitants were ruled by the duke's governours 
 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 re7 
 mains, among our records, to this day. They are com- 
 monly known by the name of the duke's laws. The 
 litle page of the book, written in the old court hand, ife 
 in these bald words, 
 
 JUS 
 
 JNOViE EBORACENSIS ; 
 VEL, 
 
 LEGES ILLUSTRISSIMO PRINCIPE JACOBI DU€E. 
 EBORACI ET ALBAN^E, ETC. 
 INSTITUT.^: ET ORDINATJE, 
 AD OBSERVANDUM IN TERRITORIIS AMERICA ; 
 TRANaSCRIPT.E, 
 ANNO DOMINI 
 M.DC-LXXIV. 
 
 Those acts which Avere made in 1683, and after the 
 duke^s accession to the throne, when the people were 
 admitted to a participation of the legislative power, 
 are for the most part rotten, defaced, or lost. Few 
 minutes relating to them remain on the council book?, 
 and none in the journals of the house. 
 
124 
 
 History of New- York, 
 
 As this assembly, in 1691, was the first after the re- 
 volution, it may not be improper to take some particur 
 lar notice of its transactions.^ 
 
 It began the 9th of April, according to the writs of 
 summons issued on the 20th of March preceding. The 
 journal of the house opens with a list of the memberf^ 
 jreturned by the sheriffs. 
 
 City and county of New- York. County of Richmond. 
 James Graham, Efias Dukesbury, 
 
 William Merrett, John Dally. 
 
 Jacobus Van Courtlandt, County of Westchester* 
 
 Johannes Kipp. John Pell. 
 
 City and county of Albany. County of Suffolk. 
 
 Derrick Wessels, Henry Pierson, 
 
 Levinus Van Scayck. Mathew Howell, 
 
 Ulster and Dutchess county* Queen's county. 
 Henry Beekman, John Bound, ' 
 
 Thomas Garton. Nathaniel PercalK 
 
 King's county. 
 TNTicholas Stillwell, 
 John Poland. 
 
 The members for Queen's county, being quakers> 
 were afterwards dismissed, for refusing the oaths direct- 
 ed by the governour's commission ; but all the rest 
 -were qualified before two commissioners appointed for 
 that purpose. 
 
 James Graham was elected their speaker, and ap- 
 proved by the governour. 
 
 The majority of the members of this assembly were 
 against the measures which Leisler pursued in the lat- 
 
 * All laws made here, antecedent to this period, are disregarded 
 both by the le«;islature and the courts of law. In the collection of our 
 »cts, published in 1752, the compilers were directed tp begin at this 
 assembly. The validity of the old grants of the powers of govern* 
 toent, in several American cojouies, is ver^ much doubted in this pro* 
 
History of New-¥orJc. 
 
 125 
 
 ter 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 w^ere to 
 be attributed to his usurpation of all power. 
 
 They resolved against the late forcible seizures made 
 of effects of the people, and against the levying of mo- 
 ney on their majesties' subjects. And as to Leister's 
 holding the fort against the governour, it was voted to 
 be an act of rebellion. 
 
 The house having, by these agreeal le resolves, pre- 
 pared the way of their access to the governour, ad- 
 dressed him in these words : 
 
 " May it please your excellency, 
 
 " We their majesties' most dutiful and loyal subjects, 
 convened, by their majesties' most gracious favour, in 
 general assembly, in this province, do, in all most hum- 
 ble manner, heartily congratulate your excellency, 
 that as, in our hearts, we do abhor and detest all the 
 rebellious, arbitrary, and illegal proceedings of the 
 late usurpers of their majesties' authority over this pro- 
 vince, so we do, from the bottom of our hearts, with 
 all integrity, acknowledge and declare, that there are 
 none, that can or ought to have right to rule and go- 
 vern their majesties' subjects here, but by their majes- 
 ties' authority, which is now placed in your excellency; 
 and therefore we do solemnly declare, that we will, 
 with our lives and fortunes, support and maintain the 
 administration of your excellency's government, under 
 their majesties, against all their ^ majesties' enemies 
 whatsoever : and this we humbly pray your excellency 
 to accept as the sincere acknowledgment of all their 
 
History of New* York. 
 
 majesties' good subjects 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 duke of York, 
 and the 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 governours and councils, being con- 
 trary to the constitution of England, 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." 
 
 Among the principal laws enacted at this session, 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 governour's warrant. By this means 
 the governour became, for a season, independent of the 
 people, and hence we find frequent instances of the as- 
 semblies contending with him for the discharge of debts 
 to private persons, contracted on the faith of the go- 
 vernment. 
 
 Antecedent to the revolution, innumerable were the 
 controversies relating to publick townships and private 
 rights ; and hence, an act was now passed, for the con- 
 firmation of ancient patents and grants, intended to put 
 an end to those debates. A law was also passed for the 
 
History of Nhv-YorJc) 127 
 
 establishment of courts of justice, though a perpetual 
 act had been made to tliat purpose in 1683, and the old 
 court of assize entirely dissolved in 1684. As this en- 
 acted in 1691, was a temporary law, it may hereafter 
 be disputed, as it has been already, whether the present 
 establishment of our courts, for general jurisdiction, by 
 an ordinance, can consist even with the pi^eceding act, 
 or tlie general rules of law- Upon the erection of the 
 supreme com t, a chief justice, and four assistant judg- 
 es, with an attorney general, were appointed. The chief 
 justice, Joseph Dudley, had a salary of 130/, per an-- 
 mmi; Johnson, the second judge, 100/. and both were 
 payable out of the revenue ; but William Smith, Ste- 
 phen Y an Courtlandt, and William Pinhorne, the other 
 judges, and Newton, the attorney general, had nothing 
 allowed for their services. 
 
 It has, more than once, been a subject of animated 
 debate, whether the people, in this colony, have a right 
 to be represented in assembly, or whether it be a pri- 
 vilege enjoyed through the grace of the crown. A me- 
 morable act passed this session,, virtually declared in fa- 
 vour of the former opinion, upon that, and several other 
 of the principal and distinguishing liberties of English- 
 men. It must, nevertheless, be confessed, that king 
 William was afterwards pleased to repeal that law, in 
 the year 1697.^ 
 
 Colonel Sloughter proposed, immediately after the 
 session, to set out to Albany, but as Leisler's party were 
 enraged at his imprisonment, and the late sentence 
 
 It was entitled, " An act declaTiug what are the rights and privi* 
 leges of their majesties' subjects inhabiting within their province ©f 
 New-York;' 
 
128 
 
 History of New-Yorki. 
 
 iigainst him, his enemies were afraid new troubled would' 
 spring up in the absence of the governour ; for this rea- 
 son, both the assembly and council advised that the pri- 
 soners should be immediately executed* Sloughter, who 
 had no inclination to favour them in this request, chose 
 rather to delay such a violent step, being fearful of cut- 
 ing off two men, who had vigorously appeared for the 
 king, and so signally contributed to the revolution. 
 Nothing could be more disagreeable to their enemies, 
 whose interest was deeply concerned in their destruc- 
 tion. And, therefore, when no other measures could 
 prevail with the governour, tradition informs us, that a 
 sumptuous feast was prepared, to which colonel Slough- 
 ter was invited. When his excellency's reason wag 
 drowned in his cups, the entreaties of the company pre- 
 vailed with him to sign the death warrant, and before he 
 recovered his senses, the prisoners were executed. 
 Leisler's son afterwards carried home a complaint to 
 king William, against the governour. His petition was 
 referred, according to the common course of plantation 
 affairs, to the lords commissioners of trade, who, after 
 hearing the whole matter, reported on the 11 th of March, 
 1692, that they were humbly of opinion, that Jacob 
 Leisler and .Jacob Milborne, deceased, were condemned 
 and had suffered according to law.'' Their lordships, 
 however, interceded for their families, as fit objects of 
 mercy, and this induced queen Mary, who approved the 
 report , on the 17th of March, to declare, " that upon the 
 humble application of the relations of the said .Jacob 
 Leisler and .Jacob Milborne, deceased, her majesty will 
 order the estates of Jacob Leisler and Jacob Milborne, 
 to be restored to their families, as objects of her majes- 
 ty's mercy." The bodies of these unhappy sufTerers 
 
History of New-York. 
 
 129 
 
 were afterwards taken up and interred, with great pomp, 
 in the old Dutch church, in the city of New-York. 
 Their estates were restored to their families, and Leis- 
 ler's children, in the publick estimation, are rather dig- 
 nified, than disgraced, by the fall of their ancestor. 
 
 These distractions in the province so entirely en- 
 grossed the publick attention, that our Indian allies, 
 who had been left solely to contend with the common 
 enemy, grew extremely disaffected. The Mohawks, 
 in particular, highly resented this conduct ; and, at the 
 instance of the Caghnuagas, sent a messenger to Cana- 
 da, to confer with count Frontenac about a peace. To 
 prevent this, colonel Sloughter had an interview at Al- 
 bany, in June, with the other four nations, who express- 
 ed their joy at seeing a governour again in that place. 
 They told him that their ancestors, as they had been 
 informed, were greatly surprised at the arrival of the 
 first ship in that country, and were curious to knoW 
 what was its huge belly. That they found Christians 
 in it, and one .Tacques, with whom they made a chain 
 of friendship, which they had preserved to this day* 
 All the Indians, except the Mohawks, assured the go^ 
 vernour, at this meeting, of their resolution to prosecute 
 the war. The Mohawks confessed their negociations 
 with the French, that they had received a belt from Can« 
 ada, and prayed the advice of the governoiu', and after- 
 wards renewed their league with all our colonies. 
 
 Sloughter soon after returned to New- York, and end- 
 ed a short, weak, and turbulent administration, for he 
 died suddenly on the 23d of July, 1691. Some were not 
 without suspicions that he came unfairly to his end, but 
 the certificate of the physician and surgeons who openr 
 
 17 
 
130 Mistory of New- York 
 
 ed his body, by an order of council, confuted these con- 
 jectures, and his remains were interred in Stuyvesant'^i 
 vault, next to those of the old Dutch governour. 
 
 At the time of Sloughter's decease, the government 
 devolved, according to the late act for declaring the 
 rights of the people of this province, on the council, in 
 which J oseph Dudley had a right to preside ; but they 
 committed the chief command to Richaid Ingolsby, a 
 captain of an independent company, who was sworn in- 
 to the office of president on the 26th of July, 1698. 
 Dudley, soon afterwards, returned to this province, from 
 Boston, but did not think proper to dispute Ingolsby'sr 
 authority^ though the latter had no title, nor the great- 
 est abilities for government, and was besides obnox- 
 ious to the party who had joined Leisler, having been 
 an agent in the measures which accomplished his ruin. 
 To the late troubles, which were then recent, and the 
 agreement subsisting between the council and assembly, 
 we must ascribe it, that the former tacitly acknowledg- 
 ed Ingolsby's right to the president's chair ; for they 
 concurred with him, in passing several laws, in autumn 
 and the spring following, the validity of which has 
 never yet been disputed. 
 
 This summer major Schuyler,^^ with a party of Mo- 
 hawks, passed through the lake Champlain, and made a 
 bold irruption upon the French settlements, at the north 
 
 * The French, from his great influence at Albany, and activity 
 fimong the Indians, concluded that he was the governour of that city ; 
 and hence their historians honour him with that title, though he was 
 then only mayor of the corporation. " Pierre Schuyler, says Charle- 
 toiXg etoit un fort hounete honiime." 
 
History of New-York. 
 
 131 
 
 aend of it.^' De Callieres, the governour of Montreal^ 
 io oppose him, collected a small army, of eight hun- 
 <lred 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. Tlie French, ashamed of their ill success, attri- 
 bute it to the want of order, too many desiring to have 
 the command. But the true cause was the iginorance of 
 Iheir officers in the Indian manner of fighting. They 
 kept their men in a body, while ours posted themselves 
 behind trees, hidden from the «nemy. Major Schuyler's 
 design, in this descent, was to animate the Indians, and 
 preserve their enmity with the French. They, accord- 
 ingly, continued their hostilities against them, and, by 
 frequent incursions, kept the country in constant alariiip 
 In the midst of these distresses, the French governour 
 preserved his sprightliness and vigour, animating every 
 body about him. After he had served himself of the Uta- 
 wawas, who came to trade at Montreal, he sent them 
 home under the care of a captain and one hundred and 
 ten men ; and to secure their attachment to the French 
 interest, gave them two Indian prisoners^ and, beside^^ 
 sent very considerable presents to the western Indians, in 
 their alliance. The captives were afterwards burnt. The 
 Five Nations, in the mean tiiiie, grew more and more in- 
 censed, and continually harrassed 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 
 
 * Dr. Golden relates it as a transaction ef the year 1691, which is 
 true : but he supposes it was before sir William Phips' attack upou 
 Quebec, and thus falls into an anachronism of a whole year, as 1 have 
 already observ^A 
 
.132 
 
 History of New-York. 
 
 the fatigues they underwent in this long march over the 
 ynow, bearing their provisions on their backs. Eighty 
 men, of the Five Nations, opposed the French party 
 and bravely maintained their ground, till most of them 
 were cut off. In return for which, the confederates, in 
 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 in- 
 cursions of the Five Nations, and his successes, which 
 continued the whole summer, so exasperated the count, 
 that he ordered an Indian prisoner to be burnt alive. 
 The bravery of this savage was as extraordinary, as the 
 torments inflicted on him were cruel. He sung his mili- 
 tary achievements without interruption, even while his 
 bloody executioners practised all possible barbarities. 
 They broiled his feet, thrust bis 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 in the 
 war. The Indians declared their enmity to the Fi^ench, in 
 the strongest terms, and as heartily professed their 
 friendship to us. " Brother Corlear, said the sachem, 
 we are all subjects of one great king and queen, we 
 have one head, one heart, one interest, and are all engag- 
 ed in the same war." The Indians, at the same time, 
 did not forget, at tliis interview, to condemn the inac- 
 tivity of the English, telling them, that the destruction 
 of Canada would not make one summer's work, against 
 .tJieir united strength, if vigorously exerted. 
 
History of New-YorJc. 
 
 133 
 
 Colonel Benjamin Fletcher arrived, with a commis- 
 sion to be governour, on the 29th of August, 1692, 
 which was published the next day, before the following 
 members, in council : 
 
 William Pinhorne, one of that board, being a non resi- 
 dent, was refused the oaths ; and Joseph Dudley, for 
 the same reason removed, both from his seat in coun- 
 cil and his office of chief justice, Caleb Heathcote and 
 John Young succeeded them in council : and William 
 Smith was seated, in Dudley's place, on the bench. 
 
 Colonel Fletcher brought over with him a present to 
 the colony, of arms, ammunition and warlike stores ; 
 ill gratitude for which, he exhorted the council and as- 
 sembly, who were sitting at his arrival, to send home 
 an address of thanks to the king. It consists, principal- 
 ]}', of a representation of the great expense the province 
 was continually at to defend the frontiers, and pray ing 
 his majesty's direction that the neighbouring colonies 
 might be compelled to join their aid for the support of 
 Albany. The following passage in it shows the sense 
 of the legislature upon a matter which has since been 
 very much debated. " When these countries were 
 possessed by the Dutch West-India company, they al- 
 ways had pretences (and had most part of it within 
 their actual jurisdiction) to all that tract of land (witli 
 the islands adjacent) extending, from the west side 
 of Connecticut river, to the lands ly ing on the west side 
 of Delaware bay, as a suitable portion of land for one 
 colony or government ] all which, including the lands on 
 
 Frederick Philipse, 
 Stephen Van Courtlandt, 
 Nicholas Bayard, 
 Gabriel Mienvielle, 
 
 Chudley Brooke, 
 William Nicoll, 
 Thomas Willet, 
 Thomas Johnson. 
 
r34 History oj New-York. 
 
 the west of Delaware bay or river, were in the duke of 
 York's grant, from his majesty king Charles the second, 
 whose governours also possessed those lands on the 
 west side of Delaware bay or river. By several grants, 
 as well from the crown, as from the duke, the said pro- 
 vince has been so diminished, that it is now decreased 
 to a very few towns and villages ; the number of men 
 fit to bear arms, in the whole government, not amount- 
 ing to three thousand, who are all reduced to great po- 
 verty." 
 
 Fletcher was by profession a soldier, a man of strong 
 pass^ions, and inconsiderable talents, very active and 
 equally avaricious. Nothing could be more fortunate 
 to him than his early acquaintance with major Schuy- 
 ler, at Albany, at the treaty for confirmation of the 
 Indian alliance, the fall after his arrival. No man, 
 then in this province, understood the state of our aflairs 
 with the Five Nations better than major Schuyler. He 
 had so great an influence over them, that whatever 
 duider,"^ as they called him, recommended or disap- 
 proved, had the force of a law. This power over them 
 was supported, as it had been obtained, by repeated of- 
 fices of kindness, and his singular bravery and activity 
 in the defence of his country. These qualifications 
 rendered him singularly serviceable and necessary, 
 both to the province and governour. For this reason 
 Fletcher took him into his confidence, and, on the 2^th 
 of October, raised him to the council board. ITnder 
 the tutelage of major Schuyler, the governour became 
 daily more and more acquainted with our Indian af- 
 fairs ; his constant application to which procured and 
 
 * Instead of Peter, which they could not pronoance. 
 
History oj Nerv-YorJc. 135 
 
 preserved hun a reputation and influence in the colony^ 
 Without this knowledge, and which was all that he had 
 to distinguish himself, his incessant solicitations for mo- 
 ney, his passionate temper, and bigotted principles, 
 must necessarily have rendered him obnoxious to the 
 people, and kindled a hot fire of contention in the pro- 
 vince. 
 
 Tiie old French governour, who found that all his 
 measures for accomplishing a peace with the Five Na- 
 tions, proved abortive, was now meditating a blow on 
 the Mohawks. He accordingly collected an army of 
 six or seven hundred French and Indians, and supplied 
 them with every thing necessary for a winter campaign^ 
 They set out from Montreal, on the 13th of January, 
 1693 ; and after a march attended with incredible hard- 
 ships, they passed by Sclienectady, on the 6th of Fe- 
 bruary, and, that night, captivated five men and some 
 women and children, at the first castle of the Mohawks. 
 The second castle was taken w ith equal ease, the In- 
 dian inhabitants being in perfect security, and, for the 
 most part, at Schenectady. At the third, the enemy 
 found about forty Indians in a war dance, designing to 
 go out, upon some enterprise, the next day. Upon 
 their entering the castle a conflict ensued, in which the 
 French lost about thirty men. Three hundred of our 
 Indians were made captives in this descent ; and, but 
 for the intercession of the savages in the French inte- 
 rest, would all have been put to the sword."^' 
 
 * Dr. Colflen and the Jesuit Charlevoix are not perfectly agreed iu 
 tfie history of this irruption. I have followed sometimes the former^ 
 and at other times the latter; according as the facts, more imniediatelr, 
 ""lelaijed to the conduct of their resptgctive countrymen. 
 
136 History of New- York. 
 
 The Indians were enraged, and with good reason, at 
 the people of Schenectady, who gave them no assist- 
 ance against the enemy, though they had notice of their 
 marching by that village. But this was atoned for by 
 the succours from Albany. Colonel Schuyler volun- 
 tarily headed a party of two hundred men, and went 
 out against the enemy. On the 15th of February he 
 was joined by near three hundred Indians, ill armed, 
 and many of them boys. A pretended deserter, who 
 came to dissuade the Indians from the pursuit, inform- 
 ed him, the next day, that the French had built a fort, 
 and waited to fight him ; upon which he sent to Ingols- 
 by, the commandant at Albany, as well for a reinforce- 
 ment as for a supply of provisions ; for the greatest 
 part of his men came out with only a few biscuits in 
 their pockets, and at the time they fell in with the en- 
 emy, on the 1 7th of the month, had been several dayib 
 without any kind of food. Upon approaching the French 
 army, sundry skirmishes ensued ; the enemy endea- 
 vouring to prevent our Indians from felling trees for 
 their protection. Captain Syms, with eighty regulars of 
 the independent companies, and a supply of provisions, 
 arrived on the 19th, but the enemy had marched off the 
 day before, in a great snow storm. Our party, however, 
 pursued them, and would have attacked their rear, if 
 the Mohawks had not been averse to it. When the 
 French reached the north branch of Hudson's river, 
 luckily a cake of ice served them to cross over it, the 
 river being open both above and below. The frost was 
 now extremely severe, and the Mohawks fearful of an 
 engagement ; upon whicli Schuyler who had retaken 
 about fifty Indian captives, desisted from the pursuit on 
 the 20th of February ; four of his men and as many In- 
 
History of New-York. 
 
 137 
 
 dians being killed, and twelve wounded. Our Indians, 
 at this time, were so distressed for provisions, that they 
 fed upon the dead bodies of the French ; and the ene- 
 my, in their turn, were reduced, before they got home, 
 to eat up their shoes. The French in this enterprise lost 
 eighty men, and had above thirty wounded, 
 
 Fletcher's extraordinary dispatch up to Albany, up- 
 on the first news of this descent, gained the esteem both 
 of the publick and our Indian allies* 
 
 The express reached NeAv-York on the 12th of Fe- 
 bruary, at ten o'clock in the night, and in less than two 
 days, the governour embarked with three hundred vo- 
 lunteers. The river, which was heretofore very uncom-^ 
 mon at that season, was open.^^ Fletcher landed at Al- 
 bany, and arrived at Schenectady, the 17th of the 
 month, which is about one hundred and sixty miles from 
 New- York ; but he was still too late to be of any other 
 use than to strengthen the ancient alliance. The Indians, 
 in commendation of his activity on the occasion, gave 
 him the name of Cayenguirago, or, the great swift ar- 
 row. 
 
 Fletcher returned to New- York, and, in March, met 
 the assembly, who were so well pleased with his late 
 vigilance, that besides giving him the thanks of the house, 
 they raised 6000/. for a year's pay of three hundred 
 volunteers, and their officers, for the defence of the fron- 
 tiers. 
 
 As the greatest part of this province consisted of 
 Dutch inhabitants, all our governours, as well in the 
 
 * The climate of late years is much altered, and this day, February 
 14,1756, three hundred recruits sailed from New- York for the army 
 under the command of general Shirley, now quartered at Albany ? ami 
 last year, a slopp went up the river a mouth earlier, 
 
 18 
 
138 
 
 Jtiistori/ of New-York. 
 
 duke's time, as after the revolution, tliou^lit it good 
 policy to encourage English preachers and schooltrias- 
 ters in the colony. No man coidd be more bent upon 
 such a project than Fletcher, a bigot to the episcopal 
 form of church government. He, accordingly, recom- 
 mended this matter to the assembly, on his lirst arrival, 
 as well as at their present meeting. The house, from their 
 attachment to the Dutch language, and the model of the 
 church of Holland, secured by one of the articles of sur- 
 render, were entirely disinclined to the scheme, which 
 occasioned a warm rebuke from the governour, in his 
 speech at the close of the session, in these words: "gen- 
 tlemenj the first thing that I did recommend to y ou, a* 
 our last meeting, was to provide for a ministry, and 
 nothing is done in it. There are none of you, but what 
 are big with the privileges of Englishmen and magna 
 charta, which is your right ; and the same law doth pro- 
 vide for the religion of tlie church of England, against 
 sabbath breaking and all other profanity. But as you 
 have made it last, and postponed it this session, I hope 
 you will begin with it the next meeting, and do some- 
 what toward it effectually." 
 
 The news of the arrival of the recruits and aiiimuni- 
 tion at Canada, the late loss of the Mohawks, and the 
 unfulfilled promises of assistance, made from time to 
 time, by the English, together with tiie incessant soli- 
 citations of Milet, the Jesuit, all conspired to induce the 
 Oneydoes to sue for a peace with the French. To pre- 
 vent so important an event, Fletcher met the Five Na- 
 tions at Albany, in July, 1693, with a considerable pre- 
 sent of knives, hatchets, clothing, and ammunition, which 
 had been sent over, by the crown, for that purpose. 
 The Indians consented to a renewal of the ancient 
 
Jlistory of New-York. 
 
 lea^ie, and expressed their gratitude, for the king's dona- 
 tion, with singular force. " Brother Cayengiiirago, we 
 roll and wallow in joy, by reason of the great favour 
 the great king and queen have done us, in sending us 
 arms and amrrjunition at a time Avhen we are in the 
 greatest need of them ; and because there is such unity 
 ^i»ong the brethren." Colonel Fletcher pressed their 
 dtr^vering up to him Milet, the old priest, which they 
 promised, but never performed. On the contrary^ he 
 had influence enough to persuade all, but the Mohawks, 
 to treat about the peace at Onondaga, though the go- 
 vernour exerted himself to prevent it. * 
 
 Soon after this interview, Fletcher returned to NeW'- 
 York ; and, in September, met a new assembly, of 
 which James Graham was chosen speaker. The gover- 
 nour laboured, at this session, to procure the establish^ 
 meet of a ministry throughout the colony, a revenue to 
 his majesty for life, the repairing the fort in New- York, 
 and the erection of a chapeL 'liiat part of his speech, 
 relating to tlie ministry, w as in these words : " I recom- 
 rae^ided, to the former assembly, the settling of an able 
 ministry, that the worship of God may be observed 
 among us, for I find that great and first duty very much 
 neglected. Let us not forget that there is a God that 
 made us, who will protect us if we serve him. This has 
 been always the first thing I have recommended, yet the 
 last in your consideration. 1 hope you are all satisfied 
 of the great necessity and duty that lies upon you to 
 do this, as you expect his blessing upon your labouj-s.'' 
 The zeal with which this aflair was recommended, induc- 
 ed the house, on the 12th of September, to appoint ?i 
 .commiltee of eight members, to agree upon a scheme 
 for settling a ministry, in each respective preciflc|, 
 
140 
 
 History of New-^York. 
 
 throughout the province. This committee made a re- 
 port the next day, but it was recommitted till the af- 
 ternoon, and then deferred to the next morning. Se- 
 veral debates arising about the report, in the house, it 
 was again " recommitted for farther consideration." On 
 the 15th of September it was approved, the establish- 
 ment being then limited to several parishes in four coun- 
 ties, and a bill ordered to be brought in accordingly ; 
 which the speaker (who, on the 18th of September, was 
 appointed to draw all their bills,) produced on the 19th, 
 It was read twice on the same day, and then referred 
 to a committee of the whole house. The third reading 
 was on the 21st of September, when the bill passed, and 
 was sent up to the governour and council, who imme- 
 diately returned it with an amendment, to Y^st his ex- 
 cellency with an episcopal power of inducting every 
 incumbent, adding to that part of the bill near the end, 
 which gave the righl^ of presentation to the people, 
 these words, " and presented to the governour, to be ap- 
 proved and collated.'^ The house declined their con^ 
 sent to the addition, and immediately returned the bill, 
 praying, that it may pass without the amendment, 
 having, in the drawing of the bill, had a due regard to 
 that pious intent of settling a ministry, for the benefit 
 of the people/' Fletcher was so exasperated with their 
 refusal, that he no sooner received the answer of the 
 house, than he convened them before him, and in an an- 
 gry speech broke up the session. I shall lay that part of 
 it, relating to this bill, before the reader, because it is 
 characteristick of the man. 
 Gentlemen, 
 
 " There is also a bill for settling a ministry in this 
 ^it^y and some other countries of the government. In 
 
Histofy of New- York. 
 
 141 
 
 tliat very thing you have shown a great deal of stiff- 
 ness. You take upon you as if you were dictators. I 
 sent down to you an amendment of three or four words 
 in that bill, which, though very immaterial, yet was 
 positively denied. I must tell you it seems very un- 
 mannerly. There never was an amendment yet desir- 
 ed by the council board, but what was rejected. It is 
 the sign of a stubborn ill temper, and this have also 
 passed. 
 
 " But, gentlemen, I must take leave to tell you, if 
 you seem to understand by these words that none can 
 serve without your collation or establishment, you 
 are far mistaken. For I have the power of collating 
 or suspending any minister in my government, by 
 their majesties' letters patent ; and whilst I stay in 
 the government I will take care that neither heresj^, 
 sedition, schism, or rebellion, be preached among you, 
 nor vice and profanity encouraged. It is my endea- 
 vour to lead a virtuous and pious life among you, and 
 to give a good example : I wish you all to do the same. 
 You ought to consider that you have but a third share 
 in the legislative power of the government ; and ought 
 not to take all upon you, nor be so peremptory. You 
 ought to let the council have a share. They are in the na- 
 ture of the house of lords, or upper house ; but you seem 
 to take the whole power in your hands, and set up for 
 every thing. You |piave set a long time, to little pur- 
 pose, and have been a great charge to the country. 
 Ten shillings a day is a large allowance, and you punc- 
 tually exact it. You have been always forward enough 
 to pull down the fees of other ministers in the govern- 
 ment. Why did you not think it expedient to correct 
 your own, to a more moderate allowance ? 
 
142 
 
 Mislory of Neiv-York. 
 
 ^' Gentlemen, I shall say no more, at present, but 
 that you do withdraw to your piivate atflihs in the 
 country. I do prorogue you to the tenth of Janu- 
 ary next, and you are hereby prorogued to the tenth 
 day of January next ensuing/' 
 
 The violence of this man's temper is very evident in 
 all his speeches and messages to the assembly ; and it 
 can only be attributed to the ignorance of the times 
 that the members of that house, instead of asserting 
 their equality, peaceably put up with his rudeness. 
 Certainly they deserved better usage at his hands. For 
 the revenue, established the last year, was, at this ses- 
 sion, continued for five years longer than w^as original- 
 ly intended. This was rendering the governour, for a 
 time, independent of the people. For at that day, the 
 assembly had no treasure ; but the amount of all taxes 
 went, of course, into the hands of the receiver general, 
 who was appointed by the crown. Out of this fund 
 monies were only issuable by the governour's warrant ; 
 so that every officer in the government, from Mr. 
 Blaithwait, who drew annually five per cent, out of the 
 revenue, as auditor general, down to the meanest ser- 
 vant of the publick, became dependent, solely, of the 
 governour. And hence we find the house, at the close 
 of every session, humbly addressing his excellency for 
 the trifling w^ages of their own clerk. Fletcher was, 
 notwithstanding, so much displeased with them, that, 
 soon after the prorogation, he dissolved the assembly. 
 
 The members of the new assembly met, according to 
 the writ of summons, in March, 1694, and chose colo^ 
 nel Peirson for their speaker, Mr. Graham being left 
 out at the election for the city. The shortness of this 
 session, which continued only to the latter end of the 
 
llisiory of New- York. 143 
 
 month, was owing to the disagreeable business the 
 house began upon, of examining the state of the pub- 
 lick accounts, and, in particular, the muster rolls of 
 the volunteers in the pay of the province. They, how- 
 ever, resumed it again in September, and formally en- 
 tered their dissatisfaction with the receiver generaFs 
 accounts. The governour, at the same time, blew up 
 the coals of contention, by a demand of additional pay 
 for the king's soldiers, then just arrived, and new supplies 
 for detachments in defence of the frontiers. He at last 
 prorogued them, after obtaining an act for supporting 
 one hundred men upon the borders. The same disputes 
 revived again in the spring, 1695 ; and proceeded to 
 such lengths, that the assembly asked the governour's 
 leave to print their minutes, that they might appeal to 
 the publick. It WTtS at this session, on the 12th of April, 
 1695, that, upon a petition of five church wardens and 
 vestrymen of the city of New-York, the house declared 
 it to be their opinion, " that the vestryjnen and church 
 w^ardens have power to call a dissenting protestant min- 
 ister, and that he is to be paid and maintained as the act 
 directs.'' The intent of this petition was to refute an 
 opinion, which prevailed, that the late ministry act was 
 made for the sole benefit of episcopal clergymen. 
 
 The quiet, undisturbed state of the frontiers, while 
 the French were endeavouring to make a peace with 
 the Five Nations, and the complaints of many of the 
 volunteers, wlio had not received their pay, very much 
 conduced to the backwardness of the assembly, in an- 
 swering Fletcher's perpetual demands of money. But 
 when the Indians refused to comply with the terms of 
 peace demanded by the French governour, which were 
 to suffer him to rebuild the fort at Cadaraqui, and to in- 
 
144 
 
 History oj Nejv-York, 
 
 elude the Indian allies, the war broke out afresh, and 
 the assembly were obliged to augment both their de- 
 tachments and supplies. The count Frontenac now 
 levelled his wrath principally against the Mohawks, who 
 were more attached, than any other of the Five Nations, 
 to our interest : but as his intentions had taken air, he 
 prudently changed his measures, and sent a party of 
 three hundred men to the isthmus of Niagara, to sur- 
 prise those of the Five Nations that might be hunting 
 there. Among a few that were met with, some were 
 killed, and others taken prisoners, and afterwards burnt 
 at Montreal. Our Indians imitated the count's exam- 
 ple, and burnt ten Dewagunga captives. 
 
 Colonel Fletcher and his assembly having come to 
 an open rupture in the spring, he called another in June, 
 of which .lames Graham was chosen speaker. The 
 count Frontenac was then repairing the old fort at Ca- 
 daraqui ; and the intelligence of this, and the king's 
 assignment of the quotas of the several colonies, for an 
 united force^ against the French, were the principal 
 matters which the governour laid before the assembly. 
 The list of the quota was this : 
 
 * As such an union appeared to be necessary so long ago, it is very 
 surprising that no effectual scheme for that purpose has hitherto been 
 carried into full execution. A plan was concerted, in the great con- 
 gress consisting of commissioners from several colonies, met at Albany^ 
 in 1 754 ; but what approbation it received at home, has not hitherto 
 been made publick. The danger to Great Britain, apprehended from 
 our united force, is founded in a total ignorance of the true state and 
 character of the colonies. None of his majesty's subjects are more loy- 
 al, or more strongly attached to protestant principles ; and the remark- 
 able attestation, in the elegant address of the lords of the 13th of No- 
 vember, 1755, in our favour, That we are a great body of brave and 
 faithful subjects," is as justly due to us, as it was nobly said by them. 
 
History of New- York. 
 
 145 
 
 Pennsylvania, 80/. Rhode Island and Provi- 
 
 Massachusetts' Bay, 350 dence Plantations, 48/. 
 Maryland, 160 Connecticut, 120 
 
 Virginia, 240 New- York, 200 
 
 As a number of forces were now arrived, the assem^ 
 bly were in hopes the province would be relieved from 
 raising any more men for the defence of the frontiers ; 
 and, to obtain this favour of the governour, ordered 
 1000/. to be levied, one half to be presented to him, 
 and the rest he had leave to distribute among the Eng- 
 lish officers and soldiers. A bill for this purpose was 
 drawn ; but though his excellency thanked them for 
 their favourable intention, he thought it not for his ho- 
 nour to consent to it. After passing several laws, the 
 session broke up in perfect harmony, the governour, in 
 his great grace, recommending it to the house to ap- 
 point a committee to examine the publick accounts 
 against the next session. 
 
 In September, Fletcher went up to Albany with ve- 
 ry considerable presents to the Indians ; whom he 
 blamed for suffering the French to rebuild the fort at 
 Cadaraqui, or Frontenac, which commands the entrance 
 from Canada into the great lake Ontario. 
 
 While these works were carrying on, the Diononda- 
 dies, who were then poorly supplied by the French, 
 made overtures of a peace with the Five Nations, which 
 the latter readily embraced, because it was owing to 
 their fears of these Indians, who lived near the lake 
 Missilimachinac, that they never dared to march with 
 their whole strength against Canada. The French com- 
 mandant was fully sensible of the importance of pre- 
 venting this alliance. The civilities of the Dionondadieg 
 to the prisoners, by whom the treaty, to prevent a dis- 
 
 19 
 
146 
 
 History of New-York. 
 
 ^overy, was negociated, gave the officer the first suspi- 
 cion of it. One of these wretches had the unhappiness 
 to fall into the hands of the French, who put him to the 
 most exquisite torments, that all future intercourse with 
 the Dionondadies might be cut off. Dr. Golden, in just 
 resentment for this inhuman barbarity, has published 
 the whole process from La Potherie's history of JNorth 
 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 fed hot barrel 
 of a gun. His example was followed by an Utawawa, 
 who, being desirous to outdo the Frenc:h in their refin- 
 ed cruelty, split a furrow from the prisoner's shoulder 
 to his garter, and, filling it with gunpowder, set fire to 
 it. This gave him exquisite pain, and raised excessive 
 laughter in his tormentors. 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 
 enable him to continue their pleasure longer. But at 
 last his strength failing, an Utawawa fleaed off his scalp, 
 and threw burning hot coals on his scull. Then they 
 untied him, and bid him run for his life. He began to 
 run, tumbling like a drunken man. They shut up the 
 way to the east, and made him run westward, the coun- 
 try, as they think, of departed miserable souls. He had 
 still force left to throw stones, till they put an end to his 
 misery by knocking him on the head. After this every 
 one cut a slice from his body, to conclude the tragedy 
 with a feast.'' 
 
 From the time colonel Fletcher received his instruc- 
 tion respecting the quotas of these colonies, for the de- 
 fence of the frontiers, he repeatedly, but in vain, urged 
 
it 
 
 History of Nerv-Yorh 
 
 147 
 
 their compliance with the king's direction : he then 
 carried his complaints against them home to his majes- 
 ty, but all his applications were defeated by the agents 
 of those colonies, who resided in England, As soon, 
 therefore, as he had laid this matter before the assem- 
 bly, in autumn, 1695, the house appointed William Ni- 
 coll, to go home in the quality of an agent for this pro- 
 vince, for which they allowed him 1000/. But his so- 
 licitations proved imsuccessful, and the instruction, re- 
 lating to these quotas, which is still continued, remains 
 unnoticed to this day. Fletcher maintained a good cor- 
 respondence with the assembly, through the rest of his 
 administration ; and nothing appears, upon their jour- 
 nals, worth the reader's attention. 
 
 The French never had a governour, in Canada, so 
 vigilant and active as the count De Frontenac. He had 
 no sooner repaired the old fort, called by his name, than 
 he formed a design of invading the country of the Five 
 Nations with a great army. For this purpose, in 1696, 
 he convened, at Montreal, all the regulars, as well as 
 militia, under his command ; the Ow^enagungas, Quatog- 
 hies of Loretto, Adirondacks, Sokakies, Nipiciriniens, 
 the proselyted pra} ing Indians of the Five Nations, 
 and a few Utawawas. Instead of waggons and horses, 
 which are useless in such a coimtry, as he had to march 
 through, the army was conveyed, through rivers and 
 lakes, in light barks, which are portable, >Yhenever the 
 rapidity of the stream and the crossing an isthmus ren- 
 dered it necessary. The count left la Chine, at the 
 south end of the Island of Montreal, on the 7th of Ju- 
 ly. Two battalions of regulars, under the command of 
 Le Chevalier de Calliere^, headed bv a number of In- 
 dians, led the van, with tw o small pieces of cannon, the 
 mortars, grenadoes, and amanunition. After them fol- 
 
148 
 
 History of New-York. 
 
 lowed the provisions ; then the main body, with the 
 count's household, a considerable number of volunteers, 
 and the engineer ; and four battalions of the militia, 
 commanded by monsieur De Ramezai, governour of 
 Trois Rivieres. 
 
 Two battalions of regulars and a few Indians, under 
 the chevalier De Vaudrueil, brought up the rear. Be- 
 fore the army went a parcel of scouts, to descry the 
 tracts and ambuscades of the enemy. After twelve days 
 march, they arrived at Cadaraqui, about one hundred 
 and eighty miles from Montreal, and then crossed the 
 lake to Oswego. Fifty men marched on each side of the 
 Onondaga river, which is narrow and rapid. When they 
 entered the little lake,^ the army divided into two parts, 
 coasting along the edges, that the enemy might be un- 
 certain as to the place of their landing, and where they 
 did land, they erected a fort. The Onondagas had sent 
 away their wives and children, and were determined to 
 defend their castle, till they were informed by a deser- 
 ter of the superiour strength of the French, and the na- 
 ture of bombs, which were intended to be used against 
 them, and then, after setting fire to their village, they 
 retired into the woods. As soon as the count heard of 
 this, he marched to their huts in order of battle ; being 
 himself carried in an elbow chair, behind the artillery. 
 With this taighty apparatus he entered it, and the de- 
 struction of a little Indian corn was the great acquisition. 
 A brave sachem, then about a hundred years old, was 
 
 * The Onondaga lake, noted for a good salt pit at the southeast 
 end ; which, as it may be very advantageous to the garrison at Oswe- 
 go, it is hoped the government will never grant to aay private com- 
 pany. 
 
History of New- York. 
 
 149 
 
 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 belter, 
 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 
 Onondagas, that was killed ; and had not thirty-five 
 Oneydoes, who waited to receive Yaudrueil at their 
 castles, been afterwards basely carried into captivity, 
 the count would have returned without the least mark 
 of triumph. As soon as he began his retreat, the Onon- 
 dagas followed, and annoyed his army by cutting off 
 several battoes. 
 
 This expensive enterprise, and the continual incur- 
 sions of the Five Nations, on the country near Montre- 
 al, again spread a famine through all Canada. The 
 count, however, kept up his spirits to the last ; and sent 
 out scalping parties, who infested Albany, as our In- 
 dians did Montreal, till the treaty of peace, signed at 
 Ryswick, in 1697. 
 
 Richard, earl of Bellamont, Avas appointed to succeed 
 colonel Fletcher, in the year 1695, but did not receive 
 his commission till the 18th 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. 
 
 * " oN'ever, perhaps, says Charlevoix, "vvas a mao treated with more 
 cruelty, nor did any ever bear it with superionr magnanimity and re- 
 solution." 
 
150 
 
 History of New-York. 
 
 During the late war, the seas were extremely infested 
 with English pirates, some of whom sailed out of New- 
 York ; and it was strongly suspected that they had re- 
 ceived too much countenance here, even from the go- 
 vernment, during Fletcher's administration. His lord- 
 ship's promotion to the chief command of the Massachu- 
 setts' bay and New-Hampsiiire, as well as this province, 
 was owing partly to his rank, but principally to the af- 
 fair of the pirates ; and the multiplicity of business, to 
 which the charge of three colonies would necessarily ex- 
 pose him, induced the earl to bring over with him John 
 Nanfan, his kinsman, in the quality of our lieutenant 
 governour.^ When lord Bellamont was appointed to 
 the government of these provinces, the king did him the 
 honour to say, " that he thought him a man of resolu- 
 tion and integrity, and with these qualities -more likely 
 than any other he could think of, to put a stop to the 
 growth of piracy." 
 
 Before the earl set out for America, he became ac- 
 quainted with Robert Livingston, esq ;t who was then 
 in England, soliciting his own affairs before the council 
 and the treasury,, The earl took occasion, in one of his 
 
 ^ His comrijission Avas dated the 1st of July, 1697. 
 
 f This gentleman was a son of Mr. j ohn Livingston, one of the com- 
 missioners from Scotland to king Charles II. while he was an exile at 
 Breda. He was a clergyman distinguished by his zeal and industry; 
 and, for his opposition to episcopacy, became so obnoxious, after the re- 
 storation, to the English court, that he left Scotland, and took the pas- 
 toral charge of an English presbyterian church in Rotterdam. His 
 descendants are very numerous in this province, and the family in the 
 first rank for their wealth, morals, and education. The original diary, 
 in the hand writing of their comnjou ancestor, is still among them, and 
 contains a history of his life. 
 
History of New- York. 
 
 conferences with Mr. Livingston, to mention the scau^ 
 dal tije province was under on account of the pirates. 
 The latter, who confessed it was not without reason, 
 brought the earl acquainted with one Kid, whom he re- 
 commended as a man of integrity and courage, that 
 knev/ Ihe pirates and their rendezvous, and would un- 
 dertake to apprehend them, if the king would employ 
 him in a good sailing frigate of thirty guns and one hun- 
 dred and fifty men. The earl laid the proposal before the 
 king, who consulted the admiralty upon that subject ; 
 but this project dropped, through the uncertainty of the 
 adventure, and the French Vv ar, which gave full employ- 
 ment to all the ships in the navy, Mr. Livingston then 
 proposed a private adventure against the pirates, offer- 
 ing to be concerned with Kid, a fifth part in the ship 
 and charges, and to be bound for Kid's faithful execu- 
 tion of the commission. The king then approved of 
 the design, and reserved a tenth share, to show that he 
 was concerned in the enterprise. Lord chancellor So- 
 mers, the duke of Shrewsbury, the earls of Romney 
 and Oxford, sir Edmond Harrison and others, joined in 
 the scheme, agreeing to the expense of 6000/. But the 
 management of the whole affair was left to lord Bella- 
 mont, vvho gave orders to Kid to pursue his commis- 
 sion, which was in common form. Kid sailed from 
 Plymouth for New-York, in April, 1696; and after- 
 wards turned pirate, burnt his ship, and came to Boston, 
 where the earl apprehended him. His lordship wrote 
 to the secretary of state, desiring that Kid might be 
 sent for. The Rochester man of war was dispatched 
 upon this service ; but being driven back, a general 
 suspicion prevailed in England, that all was collusion 
 between the mini^^try and the adventurers, who, it was 
 
152 
 
 History of Nov-Yorlt. 
 
 thought) Mrere unwilling Kid should be brought home, 
 lest he might discover that the chancellor, the duke, 
 and others, were confederates in the piracy. The 
 matter even proceeded to such lengths, that a motion 
 was made, in the house of commons, that all who were 
 concerned in the adventure might be turned out of their 
 employments ; but it was rejected by a great majority- 
 The tory paily, who excited these clamours, though 
 they lost their motion in the house, afterwards impeach- 
 ed several whig lords ; and, among other articles, charg- 
 ed them with being concerned in Kid's piracy. But 
 these prosecutions served only to brighten the innocen- 
 cy of those against whom they were brought ; for the 
 impeached lords were honourably acquitted by their 
 peers. 
 
 Lord Bellamont's commission was pubKshed in coun- 
 cil on the day of his arrival ; colonel Fletcher, who 
 still remained governour under the proprietors of Penn- 
 sylvania, and lieutenant governour Nanfan, being pre- 
 sent. The members of the council were, 
 
 Frederick Philipse, William Nicoll, 
 
 Stephen Van Cortlandt, Thomas Willet, 
 Nicholas Bayard, William Pinhorne, 
 
 Gabriel Mienville, John Lawrence. 
 
 William Smith, 
 After the earl had dispatched captain John Schuyler, 
 and Dellius, the Dutch minister of Albany, to Canada, 
 with the account of the peace, and to solicit a mutual 
 exchange of prisoners ; he laid before the council the 
 letters from secretary Vernon and the East-India com- 
 pany, relating to the pirates ; informing that board, 
 that he had an affidavit, that Fletcher had permitted 
 them to land their spoils in this province, and that Mr. 
 
History of New- York. 
 
 153 
 
 Nicoll barg;ainecl for their protections, and received for 
 his services 800 Spanish dollars. Nicoll confessed the 
 receipt of the money for protections, but said 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 admit- 
 ted, at this time, into the council chamber, and acted in 
 the quality of king's council, and in answer to Mr. Ni- 
 coll, 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 the expense of a trial in England. Their advice 
 was never carried into execution, which was probably 
 owing to a want of evidence against the parties accused* 
 It is, nevertheless, certain that the pirates w^ere frequent- 
 ly in the sound, and supplied with provisions by the in- 
 habitants of Long Island, who, for many years after- 
 wards, were so infatuated with a notion that the pirates 
 buried great quantites of money along the coast, that 
 there is scarce a point of land, or an island, without the 
 marks of their auri sacra fames. Some credulous peo- 
 ple have ruined themselves by these researches, and 
 propagated a thousand idle fables, current to this day, 
 among our country farmers* 
 
 As Fletcher, through the whole of his administration, 
 had been entirely influenced by the enemies of Leisler : 
 nothing could, be more agreeable to the numerous ad- 
 herents of that unhappy man, than the earFs disaflec- 
 tion to the late governour. It was for this reason they 
 immediately devoted themselves to his lordship, as the 
 head of their party. 
 
 20 
 
154 
 
 History of New^York. 
 
 The majority of the members of the council Avera 
 Fletcher's friends, and there needed nothing more to 
 render them obnoxious to his lordship. Leisler's advo* 
 cates, at the same time, mortally hated them ; not only 
 because they had imbrued their hands in tlie blood of 
 the principal men of their party, but also because they 
 had engrossed the sole confidence of the late governour, 
 and brought down his resentment upon them. Hence, at 
 the commencement of the earl's administration, the mem- 
 bers 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 governour, who was fond 
 of their aid, as they were solicitous to conciliate his fa- 
 vour. Had the earl countenanced the enemies, as well as 
 the friends of Leisler, which he might have done, his ad- 
 ministration would, doubtless^ have been easier to iiiin- 
 self and advantageous to the province. But his inflex- 
 ible aversion to Fletcher prevented his acting with that 
 moderation, which was necessary to enable him to go- 
 vern both parties. The fire of his temper appeared very 
 early, on his suspending Mr. Nicoll from the board of 
 council, and obliging him to enter into a recognizance 
 in 2000/. to answer for his conduct relating to the pro- 
 tections. But his speech to the new assembly, conven- 
 ed on the 18th of May, gave the fullest evidence of his 
 abhorrence of the late administration. Philip French 
 was chosen speaker, 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 pre- 
 decessor has left me, and what difficulties to struggle 
 with ; a divided people, an empty purse, a few misera- 
 • ble, naked, half starved soldiers, not half the number the 
 
/ 
 
 History of New-York. 155 
 
 king allowed pay for : the fortifications, and even the 
 governour's house very much out of repair, and, in a 
 word, the whole government out of frame. It hath been 
 represented to the government in j!ngland, that this pro- 
 vince has been a noted receptacle of pirates, and the 
 trade of it under no restriction, but the acts of trade vio- 
 lated by the neglect and connivance of those whose du- 
 ty it was to have prevented it." 
 
 After this introduction, he puts them in mind that the 
 revenue was near expiring, " It would be hard, 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 Avill 
 take care there shall be no misapplication of the publick 
 money. I will pocket none of it myself, nor shall there 
 be any embezzlement by others ; but exact accountb^ 
 shall be given you, when, and as often, as you shall re- 
 quire.'' 
 
 It was customary with Fletcher to be present in the 
 field to influence elections ; and as the assembly con- 
 sisted, at this time, of but nineteen members, they were 
 too easily influenced to serve the private ends of a fac- 
 tion. For that reason his lordship was warm in a 
 scheme of increasing their number, at present, to thir- 
 ty, and so, in proportion, as the colony became more 
 populous ; and hence w^e find the following clause ia 
 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, recommend the making of 
 law to provide against it," 
 
156 
 
 History of New- York. 
 
 The house, though unanimous in a hearty address of 
 thanks to the governour for his speech, could scarce 
 agree upon any thing else. It was not till the beginning of 
 June before they had finished the controversies relating 
 to the late turbulent elections ; and even then six mem- 
 bers seceded from the house, which obliged his excel- 
 lency to dissolve the assembly, on the 14th of June, 
 1698. About the same time the governour dismissed 
 two of the council ; Pinhorne, for disrespectful words 
 of the king, and Brook, the receiver general, who was 
 also turned out of that office, as w^ell as removed from 
 his place on the bench. 
 
 In July the disputes with the French, concerning the 
 exchanging of prisoneis, obliged liis excellency to go 
 up to Albany. When the earl sent the account of the 
 conclusion of the peace to the governour' of Canada, all 
 the French prisoners, in our custody, were restored, 
 and as to those among the Indians, he promised to or- 
 der them to be safely escorted to Montreal. His lord- 
 ship 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 Christians 
 or Indians." 
 
 The count, fearful of being drawn into an implicit 
 acknowledgment, that the Five JNations were subject to 
 the English crown, demanded the French prisoners, 
 among the Indians, to be brought to Montreal ; threat- 
 ening, at the same time, to continue the war against 
 the confederates, if they did not comply with his request- 
 After the earFs interview with them, he wrote a second 
 letter to the count, informing him that they had im- 
 
 * Charlevoix haspublished'both these letters, at large, together ivith 
 
History of New-York. 
 
 15? 
 
 portunately begged to continue under the protection 
 of the English crown, professing an inviolable subjec- 
 tion and fidelity to his majesty ; and that the Five Na- 
 tions were always considered as subjects, which, says 
 his lordship, " can be manifested to all the world by 
 authentick and solid proofs." His lordship added, that 
 he would not suffer them to be insulted, and threatened 
 to execute the laws of England upon the missionaries, 
 if they continued any longer in the Five Cantons. A 
 resolute spirit runs through the whole letter, which con- 
 cludes in these words : " if it is necessary, I will arm 
 every man in the provinces, under my government, to 
 oppose you ; and redress the injury that you may per- 
 petrate against our Indians." The count, in his answer, 
 proposed to refer the dispute to the commissaries to be 
 appointed according to the treaty of llyswick f- but 
 the earl continued the claim, insisting that the French 
 prisoners should be delivered up at Albany. 
 
 The French count dying while this matter was con- 
 troverted, monsieur de Callieres, his successour, sent 
 ambassadours, the next year, to Onondaga, there to re- 
 gulate the exchange of prisoners, which was accomplish- 
 ed without the earl's consent ; and thus the important 
 point, in dispute, remained unsettled. The jesuit, Bruy- 
 ^s, who was upon this embassage, offered to live at On- 
 
 count Frontenac's answer. I have had no opportunity of enquirln^y in- 
 to the Jesuit's integrity, in these transcripts, being unable to find his 
 lordship's letters in the secretary's office. 
 
 * The count misunderstood the treaty. No provision ^vas made by 
 it for commissaries to settle the limits between the English -and French 
 possessions, but only to examine and determine the controverted rights 
 4nd pretensions to Hudson's Bay. 
 
158 
 
 History of New-Yorlc. 
 
 ondaga ; but the Indians refused his belt, saying that 
 Corlear, or the governour of New- York, had ah^eady 
 offered them ministers for their instruction. 
 
 Great alterations were made in council, at his excel- 
 lency's return from Albany. Bayard, Mienvielle, Wil- 
 let, Townley, and Lawrence, were all suspended on the 
 28th of September ; and colonel Abraham de Peyster, 
 Robert Livingston, and Samuel Staats, called to that 
 board. The next day, Frederick Philipse resigned his 
 seat, and Robert Walters was sworn in his stead. 
 
 The new assembly, of which .James Graham was cho- 
 sen speaker, met in the spring. His excellency spoke 
 to them on the 21st of March, 1699. 
 
 As the late assembly was principally composed of 
 Anti Leislerians, so this consisted, almost entirely, of 
 the opposite party. The elections were attended with 
 great outrage and tumult, and many applications made, 
 relating to the returns ; but as Abraham Goverrieiir, 
 who had been secretary to Leisler, got returned for 
 Orange county, and was very active in the house,^ all 
 the petitions were rejected witliout ceremony. 
 
 Among the principal acts, passed at tlfis session, there 
 was one for indemnifying those who wer§ excepted out 
 of the general pardon in 1691 ; another against pirates ; 
 one for the settlement of Milborne's estate ; and anoth- 
 er to raise fifteen iiundred pounds, as a present to his 
 lordship, and five hundred pounds for the lieutenant 
 governour, his kinsman. Besides which, the revenue 
 was continued for six years longer. A necessary law 
 was also made for the regulation of elections, contain- 
 ing the substance of the English statutes of 8 Hen. VI, 
 chap. Vn. and the 7 and 8 Will. HL 
 
 * Mr. Governeur raarried Milborne's widow. 
 
History of New-York. 
 
 159 
 
 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 Reliius, the Dutch minister, and one to Ni- 
 cholas 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 twenty miles 
 in length, from the north bounds of Saraghtoga. The 
 second patent, which was granted to him, in company 
 with Pinhorne, Bancker, and others, contained all the 
 lands within tw'o miles on each side of the Mohaw ks 
 river, and along its banks to the extent of fifty miles. 
 Bayard's granfew'as also for lands in that country, and 
 very extravagant. Lord Bellamont, wh^ justly thought 
 these great patents, with the trifling annual reservation 
 of a few skins, would impede the settlement of tiie coun- 
 try, as well as alienate the affections of our Indian al- 
 lies, wisely procured recommendatory instructions from 
 the lords justices, for vacating those patents, which was 
 now regular! 1^ accomplished by a law, and Dellius there- 
 by suspended from his ministerial function. 
 
 The earl having thus carried all his points at Nevv'- 
 • ^ York, set out for Boston in June, where, after he had 
 settled his salary, and apprehended the pirate Kid, he 
 returned here again in the fall. 
 
 The revenue being settled for six years, his lordship 
 had no-?^ccasion to meet the assembly till the summer of 
 the year 1700, and then indeed little else was , done 
 thaS to pass a few laws. One for hanging every popish 
 priest, that came voluntarily into the province, which 
 
160 
 
 History of Neiv-Yorh 
 
 was occasioned by the great niiniber of French jesiuts, 
 who were continually practising upon our Indians. By 
 another, provision w as 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 be- 
 ing 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 on the 5th of 
 IVIarch, in 1701, when he was but just become acquaint- 
 ed with the colony. 
 
 The earl of Bellamonfs death was the source of new 
 troubles, for Nanfan, the lieutenant governour, being- 
 then absent in Barbadoes, high disputes arose among 
 the counsellors, concerning the exercise of the powers of 
 government. Abraham de Peyster, Samuel Staats, Rob- 
 ert Walters, and Thomas Weaver, who sided with the 
 party that adhered to Leisler, insisted that the govern- 
 ment was devolved upon the council, who had a right 
 to act by a majority of voices ; but colonel Smith con- 
 tended that all the powers of the late governour were 
 devolved upon him, as president, he being the eldest 
 member of that board. Colonel Schuyler and Robert 
 Livingston, who did not arrive in town till the 21st of 
 March, joined Mr. Smith, and refused to appear at the 
 council board, till near the middle of April. The as- 
 sembly, which was convened on the 2d of that month, 
 were in equal perplexity, for they adjourned from day 
 to day, waiting the issue of this rupture. Both parties 
 continuing inflexible, those members, who opposed col- 
 onel Smith, sent down to the house a representation of 
 
History of New-YorJt* 
 
 161 
 
 the controversy, assigning a number of reasons for the 
 sitting of the assembly, which the house took into their 
 consideration, and, on the 16th of April, resolved that 
 the execution .)f the earFs commission and instructions, 
 in * the absence of the lieutenant governour, was 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. The disputes, 
 nevertheless, continuing in the council, strenuously sup- 
 ported by Mr. Livingston, the house, on the 19th of 
 April, thought proper to adjourn themselves to the first 
 Tuesday in June. 
 
 In this ifi^terval, on the 19th of May, John Nanfan, the 
 lieutenant governour, arrived, and settled the contro* 
 versy, by taking upon hiaiself the supreme command. 
 
 Upon Mr. Nanfan'^s arrival, we had the agreeable 
 news that the kirjg 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 erecting a court of chancery, 
 to sit the first Thursday in every month. By this ordi- 
 nance the powers of the chancellor were vested in the 
 governour and council, or any two of that board : com- 
 missions were also granted appointing masters, clerks, 
 and a register : so that this court was completely or- 
 ganized on the 2d of September, 170L 
 
 Atwood, who was then chief justice of the supreme 
 court, was now sworn of the council. Abraham de 
 Peyster and Robert Walters were his ' assistants on the 
 bench ; and the former was also made deputy auditor 
 general, under Mr. Blaithwait. Sampson Shelton 
 
 21 
 
162 
 
 History of Ncw-Yorh 
 
 Broughton was the attorney general, and cam6 into 
 that office when Atwood took his seat on the bench, be- 
 fore itie decease of lord Bellamont. Both these had 
 their commissions from England. The lieutenant go- 
 vernour, and the major part of the board of council, to- 
 gether 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. 
 
 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,. 
 Abraham Governeur was elected for their speaker. 
 Dutchess was thought heretofore incapable of bearing 
 the charge of a representation ; but the* people of that 
 county, now animated by the heat of the times, sent Ja- 
 cob Rutsen and Adrian Garretsen to represent them io 
 assembly. 
 
 Mr. Nanfan, in his speech to the house, informs them 
 of the memorable grant made to the crown, on the 19th 
 of July, by the Five Nations, of a vast tract of land^ to 
 prevent the necessity of their submitting to the French 
 in case of a war ; that his majesty had given out of hi^ 
 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, blazed out afresh in the house. 
 Wicoil, the late counsellor, got himself elected for Suf- 
 
History of New-York. 
 
 163 
 
 folk, 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 un- 
 qualified for that station. To this it was answered, 
 that he was in the province in the year 1683, at the 
 lime of passing an act to naturalize all the free inhabi- 
 tants, professing the Christian religion ; and that, for 
 this reason, the same objection against him had been 
 overruled at the last assembly. In return for this at- 
 tack, Governeur disputed Nicoll's right of sitting as a 
 member of that house ; and succeeded in a resolve that 
 he and Mr. Wessels, who had been returned for Alba- 
 ny, were both unqualified according to the late act, 
 they being neither of them residents in the respective 
 counties for which they were chosen. This occasioned 
 an imprudent secession of seven members, who had 
 joined the interest of Mr. Nicoll ; which gave their ad- 
 versaries an opportunity to expel them, and introduce 
 otliers in their stead. 
 
 Among the first opposers of captain Leisler, none was 
 more considerable than Mr. Livingston. The measures 
 of the convention at Albany were very much directed 
 by his advice ; and he was peculiarly obnoxious to his 
 adversaries, because he was a man of sense and resolu- 
 tion, 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 op- 
 posed : but as that lord was now dead, and Mr. Living- 
 ston's conduct in council, in favour of colonel Smith, 
 had given fresh provocation 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 
 
J 64 
 
 History of New- York. 
 
 over, the house proceeded to examine the state of the 
 publick accounts, v> hich they partly began at Ihe late 
 assembly. 
 
 The pretence was that he refused to account for the 
 publick monies, he had formerly received out of the 
 excise ; upon which a comn:iittee of both houses ad- 
 Tised file passing a bill to confiscate his estate, unless he 
 agreed to account by a certain day. But instead of 
 this an act was afterwards passed to oblige him to ac- 
 count for a sum amounting to near eighteen thousand 
 pounds. While this matter was transacting, a new com- 
 plaint 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 optics 
 with which his enemies then scanned his behaviour. 
 Besides, there was no evidence to support it, and, there- 
 fore, the committee required him to purge himself by 
 his own oath. Mr. Livingston, who was better acquaint- 
 ed with English law and liberty, than to countenance 
 practice so odious, rejected the insolent demand with 
 disdain ; upon which the house, by advice of the com- 
 mittee, addressed the lieutenant governour, to pray his 
 majesty to remove him from his office of secretary of 
 Indian affairs, and that the governour, in the mean 
 time, v/ould suspend him from the exercise of his com- 
 mission.^ 
 
 It was at this favourable conjuncture that Jacob Leis- 
 ler's petition to the king, and his majesty's letter to the 
 
 Mr. Livingston's reason for not accounting was truly unanswera- 
 .ble ; his books and vouchers were taken into the hands of governmeiit, 
 and detained from him. 
 
History of New-Yoi^k. 
 
 165 
 
 late earl of Bellamonl, were laid before the assembly. 
 . Leisler, displeased with the report of the lords of trade, 
 that his father and his brother, Milborne, had suffered ac- 
 cording to law, laid his case before the parliament, and 
 obtained an act to reverse the attainder. After which, 
 he applied to the king, complaining that his fatlier had 
 disbursed about four thousand pounds in purchasing 
 arms, and forwarding the revolution ; in consequence 
 of which he procured the following letter to lord Eella- 
 mont, dated at Whitehall, the 6th of February, 
 " My Lord, 
 
 " The king being moved upon the petition of Mr. Jacob 
 Leisler, and having a gracious sense of his feather's ser- 
 vices and sufferings, and the ill circumstances the peti- 
 tioner is thereby reduced to, his majesty is pleased to 
 direct that the same be transmitted to your lordship, 
 and that you recommend his case to the general assem- 
 bly of New- York, being the only place where he can 
 be relieved, and the prayer of his petition complied 
 with. I am, 
 
 " My lord, your lordship's 
 
 " Most obedient humble servant, 
 
 " .Jersey.'' 
 
 As soon as this letter and the petition were brought 
 into the house, a thousand pounds were ordered to be 
 levied for the benefit of Mr. Leisler, as well as several 
 sums for other persons, by a Mil for paying the debts of 
 the government; which, nevertheless, did not pass into a 
 law till the next sessions. Every thing that was 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 in- 
 correctj impertinent address to his majesty, which was 
 
History of New-York. 
 
 drawn up by the house, at the close of the session, and 
 signed by fourteen of the members. It contains a te- 
 dious narrative of their proceedings, relating to the dis- 
 puted elections, and concludes with a little incense, to 
 regale some of the then principal agents in the publick 
 affairs, in these words : 
 
 " This necessary account of ourselves and our un- 
 happy divisions, which we hope the moderation of our 
 lieutenant governour, the wisdom and prudence of 
 William Atwood, esq. our chief justice, and Thomas 
 Weaver, esq. your majesty's collector and receiver ge- 
 neral, might have healed, we lay before your majesty, 
 with all humility, and deep sense of your majesty's 
 goodness to us, lately expressed in sending over so ex- 
 cellent a person to be our chief justice.'' 
 
 The news of the king's having appointed lord Corn- 
 bury to succeed the ,earl of Bellamont, so strongly ani- 
 mated the hopes of the Anti Leislerian party, that about 
 the commencement of the year 1702, 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 big 
 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 revo- 
 lution without any opposition ; that he oppressed and 
 imprisoned the people without cause, plundered them of 
 their goods, and compelled them to flee their cpuntry, 
 though they were well affected to the prince of Orange. 
 That the earl of Bellamont appointed indigent sheriffs, 
 
History of New- York. 
 
 167 
 
 who returned such members to ^the assembly as were 
 unduly elected, and in his lordship's esteem. That he 
 suspended many from the board of council, who were 
 faithful servants to the crown, introducing his own tools 
 in their stead. Nay, they denied the authority of the 
 late assembly, and added, that the house had bribed 
 both the lieutenant governour and the chief justice ; the 
 one to pass their bills, and the other to defend the le- 
 gality of their proceedings. A third address was pre- 
 pared, to be presented to lord Cornbury, to congra- 
 tulate his arrival, as well to prepossess him in their 
 favour, as to prejudice him against the opposite party. 
 
 Nothing could have a more natural tendency to ex- 
 cite the wrath of the lieutenant governour, and the re- 
 venge of the council and assembly, than the reflections 
 contained in those several addresses. Nanfan had no 
 tsooner received intelligence of them, than he summon- 
 ed Hutchins to deliver them up to him, and, upon his 
 refusal, committed him to jail on the 19th of January. 
 The next day Nicholas Bayard, Eip Van Dam, Philip 
 French, and Thomas Wenham, hot with party zeal, 
 sent an imprudent address to the lieutenant governour, 
 boldly justifying the legality of the address, and de- 
 manding his discharge out of custody. I have before 
 taken notice, that upon Sloughter's arrival in 1691, an 
 act was passed to recognize the right of king William 
 and queen Mary to the sovereignty of this province. 
 At the end of that law a clause was added in these 
 words, " That whatsoever person or persons shall by 
 any manner of ways, or upon any pretence whatso- 
 ever, endeavour, by force of arms, or otherwise, to 
 disturb the peace, good, and quiet of their majesties* 
 government, as it h now established, shall be deemed 
 
168 
 
 History of New-York. 
 
 and esteemed as rebelg and traitors unto their majesties^ 
 and incur the pains, penalties, and forfeitures, as the 
 laws of England have for such offences made and pro- 
 vided." Under the pretext of this law, which Bayard 
 himself had been personally concerned in enacting, Mr. 
 JNanfan issued a warrant for committing him to jail as 
 a traitor, on the 21 st of January ; and, lest the mob 
 should interpose, a company of soldiers, for a week af- 
 ter, constantly guarded the prison. 
 
 Through the uncertainty of the time of lord Cornbu- 
 ry's arrival, Mr. ISianfan chose to bring the prisoner to 
 his trial as soon as possible ; and for that purpose issu- 
 ed a commissioii of oyer and terminer, on the 12th of 
 February, to William Atwood, the chief justice, and 
 Abraham de Peyster and Robert Walters, who were 
 the puisne judges of the supreme court r J^nd, not long 
 after, Bayard was arraigned, indicted, tried and con- 
 victed 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. 
 Heave the reader to his own remarks upon the conduct 
 of the judges, who are generally accused of partiality- 
 
 Bayard applied to Mr. Nanfan for a reprieve, till his 
 majesty's pleasure might be known ; and obtained it, 
 not without great difficulty, nor till after a seeming 
 confession of guilt w as extorted. Hutchins, who was 
 also convicted, was bailed upon the payment of forty 
 pieces of eight to the sheriff : but Bayard, who refused 
 to procure him the gift of a farm, of about fifteen hun- 
 dred pounds value, was not released from his confine- 
 
History of New- York. 
 
 trleht till after the arrival of lord Cornbury, who not 
 only gave his consent to an act for reversing the late at- 
 tainders, but procured the queen's confirmation of it, 
 upon their giving security, according to the advice of 
 sir Edward Northey, not to bring any suits against 
 those who were concerned in their prosecution ; which 
 the attorney general thought proper, as the act ordain- 
 ed all the proceedings to be obliterated. 
 
 After these trials, iNanfan erected a Court of exche- 
 quer, and again convened the assembly, who thanked 
 him for his late measures, and passed an act to outlaw 
 Philip French and Thomas VVenham, who absconded 
 upon Bayard's commitment ; another to augment the 
 number of representatives, arid several others, vi^hich 
 were, all but one, afterwards repealed by queen Anne. 
 During this session, lord Cornbury being daily expect- 
 ed, the lieutenant gov ernour suspended Mr. Livingston 
 from his seat in council, and thus continued to abet 
 Leisler's party to the end of his administration. 
 
 Lord Cornbury's arrival quite opened a new scene. 
 His father, the earl of Clarendon, adhered to the cause 
 of the late abdicated king, and always refused the oaths 
 both to king William and queen Anne. But the son 
 recommended himself, at the revolution, by appearing 
 very early for the prince of Orange, being one of the 
 first officefs that deserted king .James' army. King 
 William, in gratitude for his services, gave him a com* 
 mission for this government^ which, upon the death of 
 the king, was renewed by queen Anne, who, at the 
 same time, appointed him to the chief command of 
 New-Jersey, the government of which the proprietors 
 had lately surrendered into her hands. As lord Corn- 
 bury came, to this province in very indigent circum* 
 ^tancesj hiuited out of England by aiiost pf huijgry cxedi^- 
 
 23 
 
J 70 History of Ncw-YorJc. 
 
 tors, he was bent upon getting as much money as be 
 could squeeze out of the pvirses of an impoverished 
 people. His talents were, perhaps, not superior to 
 the most inconsiderable of his predecessors ; but in his 
 zeal for the church he was surpassed by none. With 
 these bright qualifications he began his administration, 
 on the 3d of May^ 1 702, assisted by a council consist- 
 ing of the following members : 
 
 William Atwood, Thomas Weaver, 
 William Smith, Sampson Shelton BroughtoUy 
 Peter Schuyler, TVolfgang William Romar, 
 Ab^m de Peyster, William Lawrence, 
 Samuel Staats, Gerard us Beekman, 
 Robert Walters, Rip Van Dam. 
 His lordship, without the least disguise, espousing the 
 Antf Leislerian faction, Atwood, the chief justice, and 
 Weaver, who acted in quality of solicitor general, 
 thought proper to retire from his frowns to Virginia, 
 whence they sailed to England : the former concealing 
 himself under the name of Jones, while the latter call- 
 ed himself Jackson. Colonel Heathcote and doctor 
 Bridges succeeded in their places at the council board* 
 
 The following summer was remarkable for an uncom- 
 mon mortality, which prevailed in the city of New- 
 York, and makes a grand epoch among our inhabitants, 
 distinguished by the " time of the great sickness."^ On 
 this occasion lord Cornbury had his residence and court 
 at Jamaica, a pleasent village on Long Island, distant 
 about twelve miles from the city. 
 
 * The fever killed almost every patient seized with it, and was 
 brought here in a vessel from St. Thomas, in the West Indies, ao island 
 remarkable for contagious diseases* 
 
History of New- York. 
 
 171 
 
 The inhabitants of Jamaica consisted, at that 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 conditions for 
 plantations, one of which was in these words : " that eve* 
 ry township should be obliged to pay their own minis- 
 ters, according to such agreements as they should make 
 with him ; the minister being elected by the major part 
 of the householders and inhabitants of the town." These 
 people had erected an edifice for the worship of God, 
 and enjoyed a handsome donation of a parsonage house 
 and glebe, for the use of their minister. After the min- 
 istry act was passed, by colonel Fletcher, in 1693, a few 
 episcopalians crept into the town, and viewed the pres- 
 byterian church with a jealous eye. The town vote, in 
 virtue of which the building had been erected, contain- 
 ed no clause to prevent its being hereafter engrossed 
 by any other sect. The episcopal party, who knew 
 this, formed a design of seizing the edifice for them- 
 selves, which they shortly after carried into execution^ 
 by entering the church between the morning and eve- 
 ning service, w^hile the presbyterian minister and his 
 congregation were in perfect security, unsuspicious of 
 the zeal of their adve rsaries, a nd a fraudulent ejectment^ 
 on a day consecrated to sacred rest- 
 Great outrage ensued among the people, for the con- 
 tention being pro aris et focis, was animating and im- 
 portant. The original proprietors of the house tore up 
 their seats, and afterwards got the key and possession 
 of the church, 'which were shortly after again taken 
 from them by force and violence. In these controver- 
 sies the governour abetted the episcopal zealots, and har- 
 rassed the others by numberless prosecutions, heavy 
 
172 
 
 Hislory of New- York. 
 
 fines, and long imprisonments ; through fear of which 
 many, who had been active in the dispute, fled out of 
 the province. Lord Corn bury 's noble descent and edu- 
 cation 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 uncontroulable : and hence 
 we find him guilty of an act complicated of a number of 
 vices, which no man could have perpetrated without 
 violence to the very slightest remains of generosity and 
 justice. Vf hen his excellency retired to Jamaica, one 
 Hubbard, the presbyterian minister, lived in the best 
 liouse in the town. His lordship begged the loan of it 
 for the use of his own family, and the clergyman put 
 himself to no small inconvenience to favour the go- 
 vernour's request ; but in return for the generous bene- 
 faction, his lordship perfidiously delivered the parson- 
 age house into the hands of the episcopal party, and en- 
 couraged one Cardwel, the sheriff, a mean fellow, who 
 afterwards put an end to his own life, to seize upon the 
 glebe, which he surveyed into lots, and farmed for the 
 benefit of the episcopal church. These tyrannical mea- 
 sures justly inflamed the indignation of the injured suf- 
 ferers, and tliat again the more embittered his lordship 
 against them. They resented, and he prosecuted : no^' 
 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 insisted 
 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 guberna- 
 torial licence ; and some of them tamely submitted to 
 ))is autiioritative rule- A general account of hi^ iord» 
 
History of New- York. 
 
 173 
 
 aliij/s singular zeal, is preserved under the title of the 
 T\'atcb Tower, in a number of papers published in the 
 New- York Weekly Mercury, for the year 1755. 
 
 While his excellency was exerting his bigotry, dur- 
 ing the summer season, at Jamaica ; the elections were 
 carrying on, with great heat, for an assembly, which 
 met him, at that village, in the fall. It consisted prin- 
 cipally of the party which had been borne down by 
 the earl of Bellamont and his kinsman ; and hence we 
 find Philip French, who had lately been outlawed, was 
 returned a representative for New-York, and William 
 Nicoll elected into the speaker's chair. Several ex- 
 tracts from my lord's speech are proper to be laid be- 
 fore the reader, as a specimen of his temper and designs. 
 " It was an extreme surprise to me (says his lordship) 
 to find this province, at my landing at New- York, in 
 such a convulsion as must have unavoidably occasioned 
 its ruin, if it had been suffered to go on a little longer. 
 The many complaints that were brought to me, against 
 4he persons I found here in power, sufficiently proved 
 against them ; and the miserable accounts I had of the 
 condition of our fi^ontiers, made me think it conven- 
 ient to delay my meeting you in general assembly, till 
 I could inform myself, in some measia^e, of the condi* 
 tion of this province, that I might be able to otFer to 
 your consideration, some few^ of those things, which will 
 be necessary to be done forthwith, for the defence of 
 the country.'' 
 
 He then recommends their fortifying the port of New- 
 York, and the frontiers: adding that he found the soldiers 
 naked and unarmed : after which, he proposes a militia 
 bill, the erection of publick schools, and an examination 
 of the provincial debts and accounts ; and not only 
 promises to make a faithful application of the monies to 
 
 • ^1 
 
174 
 
 History of New- York. 
 
 be raised, but that he would render them an account. 
 The whole speech is sweetened with this gracious con- 
 clusion : " now, gentlemen, I have no more to trouble 
 you with, but to assure you, in the name of the great 
 queen of England, my mistress, that you may safely de- 
 pend upon all the protection that good and faithful sub- 
 jects can desire or expect, from a sovereign whose great- 
 est delight is tlie welfare of her people, under whose 
 auspicious reign we are sure to enjoy what no nation in 
 the world dares claim but the subjects of England ; I 
 mean, the free enjoyment of the best religion 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 
 inliabitants 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 government of this pn)vince, 
 those laws shall be put in execution, according to 
 the intent with which they were made ; that is, for 
 the preservation and protection of the people, and not 
 for their oppression. I heartily rejoice to see that 
 the free choice of the people has fallen upon gentlemen, 
 whose constant fidelity to the crown, and unwearied ap- 
 plication to the good of their country, is so universally 
 known.'' 
 
 The house echoed back an address of high compli- 
 ment to his lordship, declaring, " that being deeply sen- 
 sible of the misery and calamity the country lay under 
 at his arrival, they were not sufficiently able to express 
 the satisfaction they had, both in their relief and their 
 deliverer.'' 
 
Hislory of Netv-YorL 
 
 175 
 
 Well pleased with a governoiir who headed their par- 
 ty, the assembly granted him all his request ; eighteen 
 hundred pounds were raised for tlie support of one hun- 
 dred and eighty men, to defend the frontiers, besides 
 two thousand pounds more, as a present towards defray- 
 ing the expenses of his voyage. The queen, by her let- 
 ter of the 20th of April, in the next year, forbid any such 
 donations for the future. It is observable, that though 
 the county of Dutchess had no representatives at this as- 
 sembly, yet such was then the known indigence of that 
 now populous and flourishing county, that but eighteeo 
 pounds were apportioned for their quota of these le- 
 vies. 
 
 Besides the acts above mentioned, the house brought 
 up a militia bill, and continued the revenue to the 1st 
 of May, 1709 ; and a law passed to establish a grammar 
 shool, according to his lordship's recommendation. Be- 
 sides the great harmony that subsisted between the go- 
 vernour and his assembly, there was nothing remarkable 
 excej)t two resolves against the court of chancery erect- 
 ed by Mr. Nanfan, occasioned by a petition of several 
 disappointed suitors, who were displeased w ith a decree* 
 The resolutions were in these words : " that the setting 
 up a court of equity in this colony, without consent of 
 general assembly, is an innovation without any former 
 precedent, inconvenient and contrary to the English 
 law.'" And again : " that the court of chancery, as late- 
 ly erected, and managed here, was and is unwarranta- 
 ble, a great oppression to the subject, of pernicious ex- 
 ample and 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 : 
 
176 
 
 Hislorj/ of New- York. 
 
 but though his lordship was by no means disinclined to 
 fix contempt on Nanfan's administration, yet as tliis bill 
 would diminish his own power, himself being the chan- 
 cellor, the matter was never moved farther, than to the 
 order for the engrossment of the bill upon the second 
 reading. 
 
 Though a war was proclaimed by England, on the 4tli 
 of May, 1702, against France and Spain, yet as t^ie Five 
 Nations had entered into a treaty of neutrality with the 
 French in Canada, this province, instead of being bar- 
 rassed on its borders by the enemy, carried on a trade 
 very advantageous to all those who were concerned in 
 it* The governour, however, continued his solicitation^^ 
 for money, with unremitted importunity, and by alarm- 
 ing the assembly, which met in April, 1703, with his 
 expectation of an attack by sea, fifteen himdred pounds 
 were raised, under pretence of erecting two batteries 
 at the Narrows ; which instead of being employed for 
 that use, his lordship, notwithstanding the province had 
 expended twenty two thousand pounds during the late 
 peace, was pleased to appropriate to his private advan- 
 tage. But let us do him the justice to confess, that 
 while he Avas robbing the publitk, he at the same time 
 consented to several other lavvs for the emolument of 
 the clergy. 
 
 Whether it was owing to the extraordinary sagacity 
 of the house, or their presumption that his lordship was 
 as little to be trusted as any of his predecessors, that, af- 
 ter voting the above sum for the batteries, they added, 
 that it should be " for no other use whatsoever," 1 
 leave the reader to determine. It is certain they no\r 
 began to see the danger of throwing the publick money 
 into the hands of a receiver general appointed by the 
 
History of Nerv-YorTCk 
 
 in 
 
 crown, from whence the governv)ur, by his warrantSji 
 might draw it at his pleasm^e. To this cause we must 
 assign it, that in an address to his lordship^ on the 19th ot 
 June, 1703, they " desire and insist, that some proper 
 and sufficient person miglit be commissioned treasur- 
 er, for the receiving and paying such monies now intend- 
 ed to be raised for the publick use, as a means to ob- 
 struct misapplications for the future." Another address 
 was sent home to the queen^ complaining of the ill state of 
 the revenue, through th^fipids which had formerly been 
 committed, the better to facilitate the important design 
 of having a treasurer dependent on the assembly. The 
 success of these measures will appear in the sequel 
 
 Though our frontiers enjoyed the profoundest tran^ 
 quility all the next winter, and we had expended thir- 
 teen hundred pounds in supporting one hundred fuzileers 
 about Albany, besides the four independent companies 
 in the pay of the crown, yet his excellency demanded 
 provisions for one hundred and fifty men, at the next 
 meeting of the assembly, in April, 1704. The house 
 having reason to suspect that the several sums of eigh-* 
 teen and thirteen hundred pounds, lately raised for the 
 publick service, had been prodigally expended or em^ 
 bezzled, prudently declined any farther aids, till they 
 were satisfied that no misapplication had been made* 
 For this purpose they appointed a committee, who re-*^ 
 ported that there was a balance of near a thousand 
 pounds due to the colony. His lordship, who had 
 hitherto been treated with great complaisance, took of- 
 fence at this parsimonious scrutiny, and ordered the as- 
 sembly to attend him ; when, after the example of 
 Fletcher, whom, abating that man's superior activity, 
 his lordship mostly resembled, he made an angry speech^ 
 
 2^3 
 
178 
 
 History oj New-York. 
 
 in which he charges them with innovations never at- 
 tempted by their predecessors, and hopes they would 
 not force him to exert " certain powers" vested in him 
 by the queen. But what he more particularly took no- 
 tice of, was their insisting in several late bills, upon the 
 title of " general assembly," and a saving of the - 'rights 
 of the house," in a resolve agreeing to an amendment 
 for preventing delay ; with respect to wliich his 
 lordship has these words : " I know of no right that 
 you have as an assembly, hat such as the queen is 
 pleased to allow you." As to the vote, by which they 
 found a balance due to the colony, of nine hundred 
 and thirteen pounds, fifteen shillings, " it is true (says 
 his lordship) the queen is pleased to command me, in 
 her instructions, to permit the assembly, from time to 
 time, to view and examine the accounts^ of money, or 
 value of money, disposed by virtue of the laws made by 
 them ; but you can in no wise meddle with that mo-- 
 ney ; but if you find any misapplication of any of that 
 money, you ought to acquaint me with it, that I may 
 take care to see those mistakes rectified, which I shall 
 certaiiily do." 
 
 The house bore these rebukes with the utmost pas- 
 siveness, contenting themselves with little else than a 
 general complaint of the deficiency of the revenue, 
 which became the subject of their particular considera- 
 tion in the fall. The governour, 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 a^ 
 soon as they resolved against it, the very printer, clerk, 
 and doorkeeper, were denied the payment of tlieir sala- 
 ries. Several other demands being made for the publick 
 
History of New-York. 
 
 179 
 
 debts, the house resolved to address his lordship for an 
 exact account of the revenue, which, together with their 
 refusal to admit the council's amendment to a money 
 bill, gave him such high provocation, that he was in- 
 duced to dissolve an assembly, whose prodigal liberali- 
 ty had justly exposed them to the resentment of the 
 people. The new assembly, which met on the 14th of 
 June, 1 705, neglected the affair of the revenue and the ad- 
 ditional duty, though his lordship strongly recommend- 
 ed them both. Among the principal acts passed at this 
 meeting, is that for the benefit of the clergy, who were 
 entitled to the salaries formerly established by colonel 
 Fletcher ; which, though less than his lordship recom- 
 mended, was doubtless a grateful offering to his unceas- 
 ing zeal for the church, manifested 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 
 maintenance 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 explanato- 
 ry of the fore mentioned act, that those worthy good men, 
 who have ventured to come so far for the service of 
 God in his church, and the good and edification of the 
 people, to the salvation of their souls, may not, for the 
 future, be vexed, as some of them have been; but may 
 enjoy, in quiet, that maintenance, which was by law 
 provided for them.^ I farther recommend to you the 
 passing an act to provide for the maintenance of some 
 
 * The majority of our people are of a contrary opinion, if my lord 
 lliQUght the establishment ^ras designed only for the episcopal clergy. 
 
J 80 
 
 History of New-York. 
 
 ministers in some of the towns at the east end of Long^ 
 Island, where I don't find any provision has been yet 
 jnade for propagating religion." 
 
 Our harbour being wholly unfortified, a French pri- 
 Tateer actually entered it in 1705, and put the inhabi- 
 tants in great consternation. The assembly, at their 
 session in June, the next year, w^ere not disinclined, 
 through the importunity of the people, to put the city 
 in a better posture of defence for the future ; but be- 
 ing fully convinced, by his lordship's embezzlement 
 of 1,500/. formerly raised for two batteries at the Nar- 
 rows, and near 1000/. levied for the protection of the 
 frontiers, that he was no more to be trusted with pub- 
 lick monies, offered a bill for raising 3000/. for fortifi- 
 cations, appointing that sum to be deposited in the 
 hands of a private person of their own ncrmination ; but 
 his excellency did not pass it till their next meeting in 
 the 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 ex^ 
 traordinary supplies for particular uses, and which are 
 no part of the standing and constant revenue ; the trea- 
 surer being accountable to the three branches of the 
 legislature, and the governour always acquainted with 
 the occasion of issuing such warrants." 
 
 His lordship's renewing the proposal of raising forti- 
 fications at the Narrows, which he had himself hitherto 
 scandalously prevented, is a proof of his excessive ef- 
 frontery 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 as« 
 Vembly^ which did not meet till the year 1708^ it will 
 
History of New- York. 
 
 m 
 
 not be improper to lay before the reader the account 
 of a memorable proof of that persecuting spirit which 
 influenced lord Cornbury's whole administration. 
 
 The inhabitants of the city of New- York consisted, 
 at this time, of Dutch Calvinists, upon the plan of the 
 church of Holland ; French refugees, on the Geneva 
 model ; a few English episcopalians ; and a still small- 
 er number of English and Irish presbyterians ; who, 
 having neither a minister nor a church, used to assem- 
 ble themselves, every Sunday, at a private house, for 
 the worship of God. Such were their circumstances, 
 when Francis M'Kemie and .John Hampton, two pres- 
 byterian ministers, arrived here in .January, 1707. As 
 soon as lord Cornbury, who hated tiie whole persua- 
 sion, heard that the Dutch had consented to M'Kemie's 
 preaching in their church, he arbitrarily forbid it ; so 
 that the publick worship, on the next sabbath, was per- 
 formed, with open doors, at a private house. Mr. 
 Hampton preached, the same day, at the presbyterian 
 church, in Newtown, distant a few miles from the city. 
 At that village both these ministers were, tv^o or three 
 days after, apprehended, by Cardwel, the sheriff, pur- 
 suant to his lordship's warrant, for preaching without 
 his license. From hence they were led in triumph a 
 circuit of several miles through Jamaica to NevA^-York. 
 They appeared before his lordship with an undaimted 
 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 ill mannerly 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 
 iBcdesiastical statutes had no relation to this colony ; 
 
182 
 
 History of New-York. 
 
 and that its religious state consisted in a perfect parity 
 between protestants of all denominations. They erro- 
 neously supposed that all the penal laws extended to 
 this province, and relied, for their defence, on the tole- 
 ration, offering testimonials of their having complied 
 with the act of parliament in Virginia and Maryland, 
 and promised to certify the house, in which iVrKemie 
 had preached, the next sessions. His lordship's dis- 
 course with them was the more ridiculous, because he 
 had Bickley, the attorney general, to assist him. 
 Against the extension of the statute they insisted that 
 the penal laws were limited to 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 one consequence they drew from it ar- 
 gues that my lord and Mr. attorney ^ere either very 
 weak, or influenced by evil designs. If the penal laws 
 did not extend to the plantations, then the prisoners 
 were innocent ; for where there is no law, there can be 
 no transgression ; but according to these incomparable 
 sages, if the penal laws and the toleration vfere restrict- 
 ed 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, un- 
 published instructions ; and for this ^ause 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 justice, who was in New-Jersey six weeks and 
 four days ; but were then brought before him by writ 
 of habeas corpus. Mompesson being a man of learn- 
 ing in his profession, and his lordship now apprised of 
 the illegality of his first warrant, issued another, on the 
 
Hislory of Nav-York. 
 
 U3 
 
 very day of the test of the Avrit, in which he virtually 
 contradicts \^ hat he had before insisted on, at his con- 
 ference 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 had found the indictment, to their shame be it re- 
 membered, w^ere several Dutch and French protestants. 
 
 Mr. IVrKemie returned to New- York, from Virgin- 
 ia, in June ; and was now come to his trial on the in- 
 dictment found at the last court. As to Mr. Hamp- 
 ton, he was discharged, no evi(Jence being offered to the 
 grand jury against him. 
 
 Bickley, the attorney genera], m.anaged the prosecu- 
 tion in the name of the r^ueen ; Reignere, Nicoll and 
 Jamison, appeared for the defendant. The trial was 
 held on the 6th of June, and being a cause of great ex- 
 pectation, a numerous audience attended. Roger Mom- 
 pesson sat on the bench as chief justice, with Robert 
 Milward and Thomas Wenham for his assistants. The 
 indictment was, in substance, that Francis M'Kemie, 
 pretending himself to be a protestant dissenting minister, 
 contemning and endeavouring to subvert the queen's 
 ecclesiastical supremacy, unlawfully preached without 
 the governour's license first obtained, in derogation of 
 the royal authority and prerogative : that he used other 
 rites and ceremonies, than those contained in the com- 
 mon prayer book. And, lastly, that being unqual-^ 
 ified by law to preach, he nevertheless did preach at an 
 illegal conventicle : and both these last charges were 
 
184 
 
 History of New-York. 
 
 laid to be contrary to the form of the En2;lish statutes* 
 For it seems that Mr. attorney was now of opinion that 
 the penal laws did extend to the American plantations, 
 though his sentiments were the very reverse at the first 
 debate before his excellency : but Bickley was rather 
 remarkable for a voluble tongue, than a penetrating 
 ad or much learning. To support this prosecution, he 
 endeavoured to prove the queen's ecclesiastical suprem- 
 acy in the colonies, and that it was delegated to her no- 
 ble cousin, the governour ; and hence, he was of opinion, 
 that his lordship's instructions, relating to church mat- 
 ters, had the force of a law. He, in the next place, con- 
 tended for the extension of the statutes of unifoniiity, 
 and, upon the whole, was pleased to say, that he did 
 not doubt the jury would find a verdict for the queen. 
 Eeignere, for the defendant, insisted, that preaching was 
 no crime by the common law, that the statutes of uni- 
 formity, and the act of toleration, did not extend here, 
 and that the governour's instructions were not laws. 
 INicoll spoke to the same purpose, and so did David 
 Jamison ; but M'Kemie concluded the whole defence 
 in a speech, which sets his capacity in a very advanta- 
 geous light, llie reader may see it in the narrative of 
 this trial, which was first published at the time, and 
 since reprinted, at New- York, in the year 1755. The 
 chief justice, in his charge, advised a special verdict, but 
 the jury found no difficulty to acquit the defendant, who, 
 through the shameful partiality of the court, was not 
 discharged from his recognizance, till they had illegal- 
 ly extorted all the fees of his prosecution, w hich, togeth- 
 er with his expenses, amounted to eighty-three pounds 
 ^even shillings and six pence. 
 
History of New-Yorh. 
 
 185 
 
 Lord Coinbury was now daily losing the favour of 
 the people. The friends of Leisler had him in the ut- 
 most abhorrence from the beginning ; and being all spies 
 upon his conduct, it was impossible for his lordship to 
 commit the smallest crime unnoticed. His persecution 
 of the presbyterians very early increased the number 
 of his enemies. The Dutch too were fearful of his re- 
 ligious rage against them, as he disputed their right to 
 call and settle ministers, or even schoolmasters, without 
 his special license. His excessive avarice, his embezzle- 
 ment of the publick money, and his sordid refusal to 
 pay his private debts, bore so heavily upon his reputa- 
 tion, that it was impossible for his adherents, either to 
 support him, or themselves, against the general oppo- 
 sition. Such being the temper of the people, his lord- 
 ship did not succeed, according to his wishes, in the new 
 assembly, which met on the i9th of August, 1708. The 
 members were all against him, and William Nicoll was 
 again chosen speaker. 
 
 Among the sevei^al things recommended to their con- 
 sideration, the affair of the revenue, which was to expire 
 in May following, and the propriety of making presents 
 to the Indians, w ere the chief. The house were not in- 
 sensible of the importance of the Indian interest, and of 
 the infinite arts of the French to seduce them from our 
 alliance : but suspicious that his lordship, Avho hereto- 
 fore had given himself little concern about that matter, 
 was seeking a fresh opportunity to defraud the publick, 
 they desired him to give them a list of the articles of 
 which the presents were to consist, together with an es- 
 timate of the charge, before they would provide fot 
 that donation. 
 
 With respect to Ihe revenue, his lordship was not s^o 
 
 24 
 
1 8ft History of New- York. 
 
 siiccessfii], for the assembly resolutely refused to con- 
 tijuie it ; though they consented to an act 1o discharge 
 him from a contract of 250/. and upwards, which he had 
 made with one Flanson, for the publick service. Thomas 
 Byerly was, at that time, collector and receiver gene- 
 ral ; and by pretending that the treasury was exhausted, 
 the debts of the government were unpaid. This gave 
 rise to many petitions to the assembly to make provi- 
 sion for their discharge. Colonel Schuyler, w ho had ex- 
 pended large sums on the publick credit, was among 
 the principal sufferers, and joined with several others 
 in an application to the house, that Byerly might be 
 compelled to account. The disputes, relating to this 
 matter, took up a considerable part of the session, and 
 were litigated with great heat. Upon the whole, an act 
 was passed to refund 700/. which had been misapplied. 
 
 The resolutions of the committee of grievances, ap- 
 proved by the house, show the general objections of the 
 people to his lordship's administration. These w^ere 
 made at the beginning of the session ; and yet w^e find 
 this haughty lord subdued by the opposition against 
 him, and so dispirited through indigence, and the inces- 
 gant solicitations of his creditors, that he not only omit- 
 ted to justify himself, but to show even an impotent re- 
 sentment. For after all the censures of the house, he 
 tamely thanked them 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, 
 tlmt the appointing coroners in this colony, without 
 their being chosen by the people, is a grievance, and 
 contrary to law.^' 
 
 ^ See lo^d Bacon's works fol. edit. 2 vol. 152, anr] yet the coroners 
 in every county are still appoiuted by the governour. 
 
History of New- York. 
 
 187 
 
 Resolved, That it is, and always has been, the un- 
 questionable right of every freeman in this colony, that 
 he hath a perfect and entire property in his goods and 
 estate. 
 
 " Resolved, That the imposing and levying of any 
 monies upon her majesty's subjects of this colony, un- 
 der any pretence or colour whatsoever, without consent 
 in general assembly, is a grievance, and a violation of 
 the people's property. 
 
 " Resolved, That for any officer Avhatsoever, to ex- 
 tort from the people extravagant and unliimted fees, 
 or any money whatsoever, not positively established 
 and regulated by consent in general assembly, is un- 
 reasonable atid unlawful, a great grievance, and tend- 
 ing 4 0 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 consequence to 
 the liberty and property of the subjects. 
 
 " Resolved, That the raising of money for the go- 
 vernment, or other necessary charge, by any tax, im- 
 post, or burden on goods imported, or exported, or any 
 clog or hindrance, on traffic or cominerce — is found by 
 experience to be the expulsion of many, and the im- 
 poverishing of the rest of the planters, freeholders, and 
 inhabitants of this colony ; of most pernicious conse- 
 quence, which, if continued, will imavoidably prove 
 the ruin of the colony. 
 
 " Resolved, That the excessive sums of money screw- 
 ed from the masters of vessels trading here under the 
 notion of port charges, visiting the said vessels by su^ 
 pemumerary officers^ and taking extraordinary fees?, i,s 
 
188 
 
 History of New-York. 
 
 the great discouragement of trade and strangers com- 
 ing among us, beyond the precedent of any other port, 
 and without colour of law. 
 
 Resolved, That the compelling any man upon trial 
 by jury, or otherwise, to pay any fees for his prose- 
 cution, or any thing whatsoever, unless the fees of the 
 officers whom he employs for his necessary defence, is 
 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 as- 
 sembly of that province, impatient of his tyi anny, 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 his power, and ap- 
 p^dnted lord Lovelace in his stead ; deiclaring that she 
 would not countenance her nearest relations in oppress- 
 ing her people. 
 
 As soon as my lord was superseded his creditors 
 threw him into the custody of the sheriff of New-York ; 
 and he remained here till the death of his father, when, 
 succeeding to the earldom of Clarendon, he returned to 
 England. 
 
 We never had a governour so universally detested, 
 nor any who so richly deserved the publick abhorrence. 
 In spite of his noble descent, his behaviour was trifling,^ 
 mean and extravagant. 
 
 It was not uncommon for him to dress himself in a wo- 
 man's habit, and then to patrole the fort in which he re- 
 sided. Such freaks of low humour exposed him to the 
 universal contempt of the people ; but their indigna- 
 
 This had a special relation to the late prosecution of Mr. M'Kenaie* 
 
History of New- York. 
 
 189 
 
 tion was kindled by hie despotick rule, savage bigotry, 
 insatiable avarice, and injustice, not only to the publick, 
 but even his private creditors ; for he left some of the 
 lowe&t tradesmen in his employment unsatisfied in their 
 just demands. 
 
 John lord Lovelace, baron of Hurley, was appointed 
 to this government, in the spring, 1708, but did not ar- 
 rive here till the 18th of December following. Lord 
 Cornbury's oppressive, mean administration had long 
 made the people very desirous of a change ; and there- 
 fore his successor was received with universal joy. Hav- 
 ing dissolved the general assembly, soon after his acces- 
 sion to the government, he convened a new one on the 
 5th of April, 1709, which, consisting of members of the 
 same interest with the last, re-elected William Nicoll, 
 the former speaker, into the chair. His lordship told 
 them, at the beginning of the session, " that he had 
 brought with him large supplies of soldiers and stores 
 of war, as well as presents for the Indians," than which 
 nothing could be more agreeable to the people. He 
 lamented the greatness of the provincial debts, and the 
 decay of publick credit ; but still recommended their 
 raising a revenue, for the same term with that establish- 
 ed by the act in the 11th year of the last reign. He al- 
 so pressed the discharge of the debts of the government, 
 and their examination of the publick accounts, " that it 
 may be known (says he) what this debt is, and that it 
 may appear hereafter, to all the world, that it was not 
 contracted in my time." This oblique reflection upon 
 his predecessor, who was now ignominiously imprison- 
 ed by his creditors, was displeasing to no body. 
 
 Though the assembly, in their answer, heartily con- 
 gratulated his lordship's arrival, and thanked the queen 
 
190 
 
 History of New-York, 
 
 for her care of the province, yet they sufficiently inti« 
 mated their disinclination to raise the revenue which 
 the governour had requested. " Our earnest wishes, 
 (to use the words of the address) are that suitable mea- 
 sures may be taken to encourage the few inhabitants 
 left to stay in it, and others to come. The just free- 
 dom enjoyed by our neighbours, by the tender indul- 
 gence of the government, has extremely drained and ex- 
 hausted us both of people and stock ; w hilst a different 
 treatment, the wrong methods too long taken, and se- 
 verities practised here, have averted and deterred the 
 usual part of mankind from settling and coming hither- 
 to." Tow^ards the close, they assure him, " that as the 
 beginning of his governmenl gave them a delightful 
 prospect of tranquility, so they were come with minds 
 prepared to consult the good of the country and his sa- 
 tisfaction." 
 
 The principal matter which engaged the attention of 
 the assembly, was the affair of the revenue. Lord Corn- 
 bury's conduct had rendered them utterly averse to a 
 permanent support for the future, and yet they w ere un- 
 willing to quarrel with the new governour. They, tiow- 
 ever, at last agreed, on the 5th of May, to raise 2,500/. 
 to defray the charges of the government to the 1st of 
 May ensuing, 1,600/. of w hich was voted to his excellen- 
 cy, and the remaining sums towards a supply of fire- 
 wood and candles to the several forts in New-York, Al- 
 bany, and Schenectady ; and for payment of small sa- 
 laries to the printer, clerk of the council, and Indian in- 
 terpreter. 
 
 This new project of providing, annually, for the sup- 
 port of government, w^as contrived to prevent the mis- 
 chiefe to which the long revenues had formerly exposed 
 
History of New-York. 
 
 191 
 
 lis. But as it rendered the governour, and all the other 
 servants of the crown dependent upon the assembly, a 
 rupture, between the several branches of the legislature, 
 would doubtless have ensued ; but the very day, in 
 which the vote passed the house, his lordship died of a 
 disorder contracted in crossing the ferry at his first ar-- 
 rival in the city of New-York- His lady continued 
 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 afterwards. 
 
HIBTORY OF NEW-YOBK^ 
 
 PAllT lY. 
 
 From the Canada Expedition, in 1709, to the arrival 
 of Governour Burnek 
 
 Lord Lovelace being dead, the chief command de- 
 volved upon Richard Ingolsby, the lieutenant gover- 
 nour, the same who had exercised the government, se- 
 veral years before, upon the decease of colonel Slough- 
 ter. 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 of St. Lawrence, w^as the first pro- 
 jector of this enterprise. The ministry approved of it, 
 and Fetch arrived in Boston, and prevailed upon the 
 Tsfew^-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 lieii- 
 tenant governour, who, at the request of Ingolsby, the 
 council, the assembly, Gurdon Saltonstal, the governour 
 of Connecticut, and Charles Gookin, lieiit. governour 
 of Pennsylvania, accepted the chief command of the pro- 
 vincial forces, intended to penetrate into Canada, by the 
 way of lake Champlain. Impoverished as we were, the 
 assembly joined heartily in the enterprise. It was at 
 this juncture our first act, for issuing bills of credit^ w as 
 
 25 
 
194 
 
 History of JSeiv- Yorlio 
 
 passed ; an expedient without which we could not ha^^e 
 contributed to the expedition, the treasury being thei> 
 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 
 inown to the house, twenty ship and house carpenters 
 were impressed into the service for building battoes. 
 Commissioners also were appointed to purchase provi-- 
 sions and other necessaries, and empowered to break 
 open houses for that purpose ; and to impress men, ves- 
 sels, horses, and waggons, for transporting the stores. 
 Four hundred and eighty-seven men, besides the inde- 
 pendent companies, were raised and despatched to Alba- 
 ny, by the 27th of June : from whence tliey 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 
 ilespatch. The province of New- York (all things con- 
 sidered) has the merit of having contributed more than 
 any of her neighbours towards this expedition. Penn- 
 sylvania gave no kind of aid, and New- Jersey was only 
 at the expense of 3000Z. One hundred baltoes, 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 
 
History of New-YorL 395 
 
 '^^ictualled a thousand of their wives and children at Al- 
 bany, during the campaign. 
 
 Having thus put ourselves to the expense of above 
 twenty thousand pounds towards this enterprise, the de- 
 lay of the arrival of the fleet spread a general discon- 
 tent througii the country : and early in the fall, the as- 
 sembly addressed the lieutenant governour to recall our 
 forces from the camp. Vetch and Nicholson soon after 
 broke up the campaign, and retired to New-Port, in 
 Rhode-Island, where there was a congress of governours. 
 Ingolsby, who was invited to it, did not appear, in com- 
 pliance with the inclination of the assembly, who incens- 
 ed at the publick disappointment, harboured great jea- 
 lousies of all the first promoters of tiie 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 exerted itself in the late undertaking. 
 
 Had this expedition been vigorously carried on, 
 doubtless it would have succeeded. The publick af- 
 fairs at home were conducted by a wi.se ministry. The 
 allied army triumphed in repeated successes in Flan- 
 ders ; and the com t of France was in no condition to 
 give assistance to so distant a colony as Canada. The 
 Indians of the Five Nations were engaged, through the 
 indefatigable solicitations of colonel Schuyler, to join 
 heartily in tiie attempt : and the eastern colonies had 
 nothing to fear from the Ouwenagungas ; because those 
 Indians had, a little before, concluded a peace with the 
 confederates. In America, every thing was ripe for 
 the attack. At home, lord Sunderland, the secretary 
 of §tate, had proceeded so far as to despatch orders to 
 
m 
 
 History of NeWrYorh 
 
 the queen's ships, at Boston, to hold themselves in resr- 
 diness, and the British troops w ere upon the point of 
 their embarkation. At this juncture the news arrived 
 of the defeat of the Portuguese, which reducing our al- 
 lies to great streights, the forces intended for the Ame- 
 rican adventure were then ordered to their assistance, 
 and the thoughts of the ministry entirely diverted from 
 the Canada expedition. 
 
 As we had not a man in this province who had more 
 lextended 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 expedi- 
 tion. To preserve the friendship of the Five Nations, 
 without which it w ould be impossible to prevent our 
 frontiers from becoming a field of blood, he studied all 
 the arts of insinuating himself into their favour. He 
 gave them all possible encouragement and assistance, 
 and very much impaired his own fortune by his liberal- 
 ity to their chiefs. They never came to Albany, but 
 they resorted to his house, and even dined at his table ; 
 and by this means he obtained an ascendency over them, 
 ^vhich 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 
 ^'hich the French jesuits were incessantly labouring to 
 debauch their fidelity. 
 
 Impressed with a strong sense of the necessity of 
 some vigorous measures against the French, colonel 
 Schuyler was extremely discontented at the late disap- 
 pointment ; and resolved to make a voyage to England 
 at his private expense, the better to inculcate on the 
 rninistry the absolute necessity of reducing Canada to 
 the crown of Great Britain. For that purpose he pro- 
 
Hislory of New-YorTc. 
 
 197 
 
 posed to carry home with hhn 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 suppress. It was this : 
 
 " Resolved, nemine contradicenkj That the humble 
 address of the lieutenant governour, council, and gene- 
 ral assembly of this colony, to the queen, representing 
 the present state of this plantation, be committed to his 
 charge and care, to be presented by himself to her sa- 
 cred majesty ; he being a person, who, not only in the 
 last war, when he commanded the forces of this colony 
 in chief at Canada, but also in the present, has perform- 
 ed faithful services to this and the neighbouring colo- 
 nies ; and behaved himself in the offices, with which he 
 has been entrusted, with good reputation, and the gene- 
 ral satisfaction of the people in these parts." 
 
 The arrival of the five sachems in England made a 
 great bruit through the whole kingdom. The mob fol- 
 low^ed wherever they w ent, and small cuts of them were 
 €old among the people. The court was at that time in 
 mourning for the death of the prince of Denmark : 
 these American kings^ were therefore dressed in black 
 underclothes, after the English manner ; but instead 
 of a blanket, they had each a scarlet-in-grain cloth 
 mantle, edged with gold, thrown over all their other 
 garments. This dress w^as directed by the dressers of 
 the playhouse, and given by the queen, who was advis- 
 ed to make a show of them. A more than ordinary 
 solemnity attended the audience they had of her ma- 
 jesty. Sir Charles Cotterel conducted them, in two 
 coaches, to St. James's ; and the lord chamberlain in- 
 
 * This title is commonly bestowed on the sachems, though the In- 
 dians have no such dignity or office among thenr. 
 
198 Mislory of New-York. 
 
 troduced ihem into the royal presence. Their speech^ 
 on the 19th of April, 1710, is preserved by Oldaiixon, 
 and was in these words : 
 " Great Q.ueen, 
 
 We have undertaken a long voyage, which none of 
 our predecessors could be prevailed upon to undertake, 
 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 ac- 
 quainted with our long and tedious war, in conjunction 
 with her children, against her enemies, the French ; 
 and that we have been as a strong wall for their securi- 
 ty, even to the loss of our best men. We were mighti- 
 ly rejoiced when we heard our great queen had resolv- 
 ed to send an army to reduce Canada ; and immediate- 
 ly, in token of friendship, we hung up the kettle, and 
 took up the hatchet, and, with one consent, assisted 
 colonel Nicholson in making preparations on this side 
 the lake ; but, at length, we were told our great queen, 
 by some important affairs, was prevented in her design 
 at present, which made us sorrowful, lest the French, 
 who had hitlierto dreaded us, should now think us un- 
 ^hle to make war against them. The reduction of 
 Canada is of great weight to our free hunting ; so that 
 if our great cjueen 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.'^ 
 
History of New-York. 199 
 
 While colonel Schuyler was at the British courts 
 ©aptairi Ingolsby was displaced, and Gerardus Beekman 
 exercised the powers of government, from the 10th 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 Dani, Mr. Barbarie, 
 
 Colonel Renslaer, Mr. Philipse. 
 Hunter was a native of Scotland, and, when a boy^ 
 put apprentice to an apothecary. He left his master^ 
 and went into the army ; and being a man of wit and 
 personal beauty, recommended himself to lady Hay^ 
 whom he afterwards married. In the year 1707, he was 
 appointed lieutenant governour of Virginia, but being 
 taken by the French, in his voyage to that colony, he 
 was Carried into France, and upon his return to Eng- 
 land, appointed to succeed lord Lovelace in the govern- 
 ment of this and the province of New- Jersey. Dean 
 Swift's letter to him, during his captivity, shows that he 
 had the honour of an intimacy with Mr. Addison and 
 others, who were distinguished for their good sense and 
 learning ; and perhaps it was by their interest he was 
 advanced to this profitable place. 
 
 Governour Hunter brought over with him near three 
 thousand Palatines, who, the year before, fled to Eng- 
 land from the rage of persecution in Germany* Many 
 of these people seated themselves in the city of New- 
 York, where they built a Lutheran church, which is 
 now in a declining condition. Others settled on a tract 
 of several thousand acres, in the manor of Livingston. 
 Their village there, called the Camp, is one of the plea- 
 Bantest situations on Hudson's river : right opposite, on 
 the west bank, are many other families of them, Home 
 
200 History of New- York. 
 
 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 benefi- 
 cial to them, than serviceable to this colony. They 
 have behaved themselves peaceably, and lived with 
 great industry. Many are rich, all are protestants, and 
 well affected to the government. The same must be 
 said of those who have lately settled 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 be- 
 come dangerous to our colonies.^ 
 
 The late attempt to attack Canada proving abortive, 
 exposed us to consequences equally calamitous, dread- 
 ed and foreseen. While the preparations were mak- 
 ing to invade it, the French exerted themselves in ca- 
 joling their Indian allies to assist in the repulse ; and as 
 
 * The surprising importation of Germans into that colony, gave rise 
 to the scheme of dispersing English clergymen and schoolmasters 
 among them. The project is founded on principles of sound policy. 
 If a political mission among the Indians had been seasonably encour- 
 aged, the province of Pennsylvania might have escaped all that shock- 
 ing devastation, which ensued the fatal defeat of general Braddock's 
 army, on the 9th of July, 1755 ; and would, perhaps, have prevented 
 even the erection of fort (^uesae^ which has already cost the nation so 
 TRUch blood and treasure^ 
 
tiistory of Nerv-YorHc. 
 
 201 
 
 soon as the scheme dropped, numerous parties were sent 
 out to harrass the English frontiers. These irruptions 
 were, principally, made on the northern parts of INew- 
 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 governour Hunter> 
 soon after his arrival, to make a voyage to Albany, 
 where he met the confederate chiefs^ and renewed the 
 old covenant. While there, he was strongly solicited, 
 by the New-England governments, to engage our In- 
 dians in a war with those who were daily ravaging their 
 borders ; but he prudently declined a measure, which 
 might have exposed his own province to a general de- 
 vastation. A treaty of neutrality subsisted^ at that 
 time, between the confederates and the Canada French 
 and their Indians ; which, depending upon the faith of 
 lawless savages, was, at best, but precarious^ and yet 
 the only security we had for the peace of our borders. 
 A rupture between them would have involved us in a 
 scene of misery, at a time, of all others, most unseason- 
 able. However the people of New-England might cen- 
 sure the governour, it was a proof of his wisdom to re- 
 fuse their request. For besides a want of men and arms 
 to defend us, our forts were fallen down, and the trea- 
 sury exhausted. 
 
 The nevv^ assembly met, at New-York> on the 1st of 
 September* Mr* Nicoll, the speaker, Mr. Livingston, 
 Mr. De Lancey, and colonel Morris, were the members 
 most distinguished for their activity in the house. Mf. 
 Be Lancey was a prot est ant refugee, a native of Caen, 
 in Normandy ; and by marrying a daughter of Mr. 
 Courtlandt, connected with a family, then, perhaps, ilm 
 
 26 
 
202 
 
 History of New- York. 
 
 most opulent and extensive of any in the province. He 
 was an eminent merchant, and, by a successful trade, 
 had amassed a very considerable fortune. But of all 
 these, colonel Morris had the greatest influence on our 
 publick alfairs. He was a 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 so- 
 ciety of men of sense and reading, he was never wearied 
 at a sitting, till the spirits of the whole company were 
 dissipated. From his infancy, he had lived In a manner 
 best adapted to teach him the nature of man, and to for- 
 tify his mind for the vicissitudes of life. He very early 
 lost both his father and mother, and fell under the pa- 
 tronage of his uncle, formerly an officer, of very con- 
 siderable rank, in CromwelFs army ; who, after the re- 
 storation, disguised himself under the profession of qua- 
 kerism, and settled on a fine farm, within a few miles of 
 the city, called, after his own name, Morrisania. Be- 
 ing a boy of strong passions, the general indications of 
 a fruitful genius, he gave frequent offence to his uncle> 
 and, on one of these occasions, through fear of his re- 
 sentment, strolled away into Virginia, and thence to 
 Jamaica, in the West-Indies,^ where, to support himself, 
 he set up for a scrivener. After several years spent in 
 this vagabond life, he returned again to his uncle, who 
 received the young prodigal with joy ; and, to reduce 
 him to regularity, brought about his marriage with a 
 
 * Hu^h Coppathwait, a quaker zealot, was his preceptor: the pupil 
 taking advantage of his enthusiasm, hid himself in a tree, and caliiog 
 to nim, ordered him to preach the gospel among the Mohawks. The 
 credulous quaker took it for a miraculous call, and was upon the point 
 of settijag out when the cheat was discovered* 
 
History of New-YorTc. 203 
 
 daughter of Mr. Graham, a fine lady, with whom he liv- 
 od above fifty years, in the possession of every enjoy- 
 ment, 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,^' where 
 he signalized himself in the service both of the propri- 
 etors 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 governour Hunter shewed his prudence, 
 in taking Mr. Morris into his confidence, his talents and 
 advantages rendering him either a useful friend or for- 
 midable foe. Such were the acting members of this as- 
 sembly. When brigadier Hunter spoke to them, he 
 recommended the settling a revenue, the defence of the 
 frontiers, and the restoration of the publick credit, which 
 lord Cornbury had almost entirely destroyed. To sti- 
 fle the remaining sparks of our ancient feuds, he con- 
 cluded 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 siu^e they deserve 
 
 * He was one of the council in that province, and a judge of the 
 supreme court there, in 1 692. Upon the surrender of the government 
 to queen Anne, in 1702, he vi^as named to be governour of the colony ; 
 but the appointment was changed in favour of lord Cornbury, the 
 queen's cousin. 
 
,204 History of Nerv-YorJc. 
 
 as little from you." The address of the house was per* 
 fectly agreeable to the governour. They promised to 
 provide for the support of government, and to restore 
 the publick 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, asth y 
 deserve." This nnanimity, however, was soon interrupt- 
 ed. Colonel Morris, for some warm words dropped in 
 a debate, was expelled the house ; and soon after a dis^ 
 pute arose, between the council and assembly, concern- 
 ing some amendments, made by the former, to a bill 
 for the treasurer's paying sundry sums of money." Tlie 
 design of it, in mentioning the particular sums, and ren- 
 dering them issuable by their own oflficer, was to re- 
 strain the governour from repeating the misapplications 
 which had been so frequent in a late administration. 
 The council, for that reason, opposed it, and adhered 
 to their amendments ; which occasioned a prorogation, 
 on the 25th of November^ after the passing of several 
 other necessary laws. 
 
 Mr. Hunter cautiously avoided entering, publickly, 
 into the dispute between the two houses, till he knew 
 the sentiments of the ministry, and then he opened the 
 spring sessions with a speech too singular not to be in- 
 serted. 
 
 " Gentlemen, 
 
 ^' I hope yon are now come with a disposition to an- 
 swer 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 
 yneans to restore the publick credit, and to provide bet*^ 
 ter for your own security. 
 
History of New- York. 
 
 205 
 
 They abuse you, who tell you, that you are hardly 
 dealt by in the augmentation of salaries. Her majesty's 
 instructions, which I communicated to you, at our last 
 meeting, might have convinced you, that it was her ten- 
 derness towards her subjects in the plantations, who suf- 
 fered under an established custom of making considera- 
 ble presents to their governours, by acts of assembly, 
 that induced her to allot to each of them such a salarv 
 as she judged sufficient for their support, in their re- 
 spective stations, with a strict prohibition of all such 
 presents for the future ; which instruction has met with 
 a cheerful and grateful compliance in all the other co- 
 lonies. 
 
 " If you have been in any thing distinguished, it is 
 by an extraordinary measure of her royal bounty and 
 care. I hope you will make suitable returns, lest some 
 insinuations, much repeated of late years, should gain 
 credit at last, that however your resentment has fallen 
 upon the governour, it is the government you dislike. 
 
 " It is necessary, at this time, that you be told also, 
 that giving money for the support of government, and 
 disposing of it at your pleasure, is the same with giv- 
 ing none at all. Her majesty is the sole judge of the 
 merits of her servants. This right has never yet been 
 disputed at home, and should I consent to give it up 
 abroad, I should render myself unworthy, not only of 
 the trust reposed in me, but of the society of my fellow 
 subjects^ by incurring her highest displeasure. Ifl 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 
 li[]anner she has been pleased to direct, or are you re- 
 
206 History oj New-York. ^ 
 
 solved that burden shall lie still upon the governour, 
 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 government ; 
 or, to increase my sufferings, must I continue under the 
 torture of the daily cries of such as have just demands 
 upon you, and are in misery, without the power of giv- 
 ing them any hopes of relief ? 
 
 " Will you take more effectual care of your own 
 safety, in that of your frontiers ; or are you resolved 
 for the future to rely upon the security of an open win- 
 ter, and the caprice of your savage neighbours ? I shall 
 be very sorry if this plainness offends you. I judge it 
 necessary towards the establishing and cultivating a good 
 understanding betwixt us. I hope it will be so con- 
 strued, and wish heartily it may have that effect.'' 
 
 Perplexed with this remarkable speech, the assembly, 
 after a few days, concluded, that as his excellency had 
 prorogued them in February, while he was at Burling- 
 ton, in the province of 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 persons of distinction, 
 returned to Boston, with commodore Martin and colo- 
 nel Nicholson ; the latter of whom commanded the 
 forces designed against Port-Royal and the coast of 
 Nova-Scotia. In this enterprise the Ne w-England colo- 
 nies, agreeable to their wonted courage and loyalty, 
 lent their assistance ; and the reduction of the garrison, 
 which was then called Annapolis-Royal, was happily 
 completed on the 2d of October, 1710. Animated by 
 this, and some other successes Newfoundland, Ni- 
 
History of New-York. 20t 
 
 cbolson again urged the prosecution of the scheme for 
 the reduction of Canada ; which, having been strongly 
 recommended by the Indian chiefs, as the only effectu- 
 al means to secure the northern colonies, was now again 
 resumed. 
 
 Towards the execution of this project, five thousand 
 troops, from England and Flanders, were sent over un- 
 der the command of brigadier Hill, the brother of Mrs- 
 Masham, the queen's new^ confidant, on the disgrace of 
 the duchess of Marlborough. The fleet of transports, 
 under the convoy of sir Hoveden Walker, arrived, af- 
 ter a month's passage, at Boston, on the 4th of June, 
 1711. The provisions, with w^hich they expected to be 
 supplied there, being not provided, the troops landed. 
 Nicholson, who was to command the land forces, came 
 immediately to New- York, where Mr. Hunter conven- 
 ed the assembly, on the 2d of July. The re-election of 
 the same members who had served in the last, was a 
 sufficient proof of the general aversion to the establish- 
 ment of a revenue.- Robert Livingston, junior, who 
 married the only daughter of colonel Schuyler, came 
 in for Albany ; and, together with Mr. Morris, who was 
 again chosen for the borough of Westchester, joined 
 the governour's interest. Brigadier Hunter informed 
 the assembly of the intended expedition, and the arri- 
 val of the fleet and forces ; that the^ quota of this pro- 
 vince, settled by the council of war, at New-London, 
 was six hundred private sentinels and their officers ; 
 besides which, he recommended their making provision 
 for building battoes, transporting the troops and pro- 
 visions, subsisting the Indians, and for the contingent 
 charges : nor did he forget to mention the support of 
 government and the publick debts. 
 
208 History of New-Ybrtc. 
 
 '5. 
 
 Tiie houfee was so Well pleased with the design upon 
 Canada, that they voted an address of thanks to the 
 queen, and sent a committee to Nicholson, to congra- 
 tulate his arrival, and make an honourable acknowledge- 
 ment of his " sedulous application to her majesty for 
 reducing Canada/' In a few days time an act was pass- 
 ed for raising forces ; and the assembly, by a resolu- 
 tion, according to the gbvernour'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 granted, the governour prorogued 
 the assembly ; though nothing was done relating to the 
 ordinary support of government. 
 
 While these preparations were making at New- York, 
 the fleet, consisting of twelve men of w ar, forty trans- 
 ports, and six store ships, with forty horses, a fine train 
 of artillery, and all manner of warlike stores, sailed for 
 Canada, from Boston, on the 30th of July ; and, about 
 a month afterw ards, Nicholson appeared at Albany, at 
 the head of an army of four thousand men, raised in 
 this and the colonies of New-Jersey and Connecticut : 
 the several regiments being commanded by colonel In- 
 golsby, colonel Whiting, and colonel Schuyler, the lat-^ 
 ter of whom procured six hundred of the Five Nations 
 to join our army. 
 
 The French, in Canada, w^ere not unapprised of these 
 designs. Vaudreuil, the governour general, sent his or- 
 ders, from Montreal, to the sieur De Beaucourt, to has- 
 ten the works he was about at Quebec, and command- 
 ed that all the regulars and militia should be held in 
 readiness to march oa the first w arning. Four or five 
 
- / 
 
 Bistory of NerV' Tork. ^ 209 
 
 hundred Indians, of the more distant nations, arrived at 
 the same time at Montreal, with messieurs St. Pierre 
 and Tonti, who, together with the Caughnuaga prose- 
 lytes, took up the hatchet in favour of the French, 
 Vaudreuil, 'after dispatching several Indians and two 
 missionaries among the Five Nations, to detach them 
 from our interest, went to (Quebec, which Beaucourt, 
 the engineer, had sufficiently fortified to sustain a long 
 siege. All tlie principal posts below the city, on both 
 sides of the river, were prepared to receive the British 
 troops in case of their landing* On the 14th of August, 
 Sir Hoveden Walker arrived with the fleet in the mouth 
 of St. Lawrence river ; and fearing to lose the company 
 of the transports, the wind blowing fresh at northwest, 
 he put into Gaspy 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 witliout sight of land, the wind high 
 at east southeast, and the sky darkened by a thick fog* 
 in these circumstances the fleet brought to, by the ad-^ 
 vice of the pilots, who w ere 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 them- 
 selves on the north shore, amotig rocks and islands, and 
 upon the point of being lost. The men of war escaped, 
 but eight transports, containing eight hundred souls, of*" 
 ficers, soldiers, and seamen, were cast away. Tw^o or 
 three days being spent, in recovering what they could 
 from the shore, it was determined, at a consultation of 
 sea officers, to return to some bay or harbour, till a fur- 
 ther resolution could be taken. On the 14th of Septem- 
 ber they arrived at Spanish-F^ver bay, where a coua. 
 
 £7 
 
210 
 
 History of New-York. 
 
 cil of war, consisting of land and sea officers, consider- 
 ing that they had but ten weeks provision, and judging 
 that they could not depend upon a supply from New- 
 England, unanimously concluded to return home, with- 
 out making any farther attempts ; and they according- 
 ly 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 persons who came to visit their friends. 
 
 As soon as the marquis De Yaudreuil, by the ac- 
 counts of the fishermen and two other ships, had reason 
 to suspect that our fleet w^as returned, he went to Cham- 
 bly, and formed a camp of three thousand men to op- 
 pose Nicholson's army, intended to penetrate Canada, 
 at that end. But he w^as 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 condemn 
 both the project and the measures taken towards its 
 execution. The scheme was never laid before the par- 
 liainent, though it was then sitting ; but this, it is said, 
 was for the greater secrecy, and for the same reason 
 the fleet was not fully victualled at home. They reli- 
 ed upon New-England for supplies, and this destroyed 
 ^ the design. For the ships tarried at Boston till the 
 season for the attack was over. 
 
 According to lord Harley's account of this expedi- 
 tion, the whole was a contrivance of Bolingbroke, 
 ]Vloore, and the lord chancellor Harcourt, to cheat the 
 publick of twenty thousand pounds. The latter of these 
 
History of New-York. 
 
 211 
 
 was pleased to say, "No government was w^orth serving 
 that would not admit of such advantageous jobs." 
 
 Apprehensive that the enemy would fall upon our 
 borders, as they afterwards really did, in small parties, 
 upon the miscarriage of that enterprise ; governour 
 Hunter pressed the assembly, in autumn, to continue 
 a number of men in pay the ensuing winter, and to re- 
 pair the out forts. After the house had passed several 
 votes to this purpose, his excellency, dining the session, 
 went up to Albany, to withdraw the forces of the colo- 
 ny, and give orders for the necessary repairs. 
 
 The publick debts, by this unfortunate expedition, 
 were become greatly enhanced, and the assembly, at 
 last, entered upon measures for the support of govern- 
 ment, and sent up to the council several bills for that 
 purpose. The latter attempted to make amendments, 
 which the other would not admit, and a warm contro- 
 versy arose between those two branches of the legisla- 
 ture. The council assigned instances that amendments 
 had formerly been allowed ; and, besides this argu- 
 ment, drawn from precedent, insisted that they were a 
 part of the legislature, constituted as the assembly 
 were, " by the mere grace of the crown adding, that 
 the lords of trade had determined the matter in their 
 favour. The house, nevertheless, adhered to their re- 
 solutions, 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 peo- 
 ple in the constitution, which they are not, being all 
 commons ; but only from the mere pleasure of the 
 prince, signified in the commission. On the contrary, 
 
History of New-York. 
 
 the inherent right the asseml>ly have to dispose of the 
 money of the freemen of this colony, does not proceed 
 from any commission, letters patent, or other grant 
 from the crown ; but from the free choice and election 
 of the people, who ought not to be divested of their 
 property, (nor justly can) without their consent. Any 
 former condescensions, of other assemblies, will not 
 prescribe to 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 con- 
 ceive no reason why the council should nol have right 
 to amend money bills, this is far from concluding there 
 are none. The assembly understand them very well, and 
 are sufficiently convinced of the necessity they are in, 
 not to admit of any encroachment so much to their prer 
 Judice." 
 
 Both houses adhered obstinately to their respective 
 opinions : in consequence of which, the publick debts 
 remained unpaid, though his excellency could not omit 
 passing a bill for paying to himself 3750 ounces of plate. 
 
 Upon the return of the fleet, Dudley, Saitonstal, and 
 Cranston, the governours of the eastern colonies, form- 
 ed 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 publick debts, laid 
 their letter before the house, and, according to his ex- 
 pectatiims, they declared against the scheme. 
 
 About this time colonel Hunter, by the advice of his 
 council, began to exen ise the office of chancellor, hav- 
 ing, on the 4th of October, appointed rnessieurs Van 
 J)am and Philipse, masters, Mr. Whileman, register, Mr, 
 Harrison, examiner, and messieurs Sharpas and Brough*^ 
 
History of New-York. 
 
 213 
 
 ton, 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 : 
 
 " Resolved, That the erecting a court of cliancery,. 
 without consent in general assembly, is contrary to law, 
 without precedent, and of dangerous consequence to 
 the liberty and property of the subjects. 
 
 " That the establishing fees, without consent in gen- 
 eral assembly, is contrary to law." The council made 
 these votes the subject of part of a long representation, 
 which they shortly after transmitted to the lords of trade, 
 who, in a letter to the governour, in answer to it, approv- 
 ed of his erecting a coiut of equity, and blamed the 
 assembly ; adding, " that her majesty has an undoubt- 
 ed right of appointing such, and so many courts of ju- 
 dicature, in the plantations, as she shall think necessary 
 for the distribution of justice." 
 
 At the next meeting, in May, 1712, colonel Hunter 
 strongly recommended the publick debts to the consi- 
 deration of the assembly, informing them, that the lords 
 of trade had signified their opinion, with respect to the 
 amending money bills, in favour of the council. The 
 house neglected the matters laid before them, and the 
 governour broke up the sessions by a short prorogation 
 of three days. After which they soon passed an act for 
 paying his excellency 8025 ounces of plate. Our pub- 
 lick affairs never wore a more melancholy aspect than 
 at this juncture. 
 
 Among the Five Nations many emissaries from the 
 French were daily seducing them from the British in- 
 terest, and our late ill success gave such a powerful in* 
 fluence to their solicitations, that the Indians even at 
 Patt's Kill sent a belt of Wampum to those in Dut chess 
 
214 
 
 History of New- York. 
 
 county to prepare for a war. The Senecas and Shaw- 
 anas were also greatly disaffected, and it was generally 
 apprehended that they would fall upon the inhabitants 
 along Hudson's River. An invasion was strongly sus- 
 pected, by sea, on the city of New- York, where they 
 had been alarmed, in April, by an insurrection of the 
 negroes ; who, in execution of a plot to set fire to the 
 town, had burnt down a house in the night, killed several 
 people who came to extinguish the fire, for which nine- 
 teen of them were afterwards executed. But distressed as 
 the colony then was, the assembly were inflexibly averse 
 to the establishment of a revenue, which had formerly 
 been wickedly misapplied and exhausted. At the ensuing 
 session, in the fall, colonel Hunter proposed a scheme 
 to the assembly, which was, in substance, that the re- 
 ceiver general should give security, residing in the co- 
 lony, for the due execution of his office ; and, every 
 quarter, account, to the governour and council, for tlie 
 sums he might receive. That the creditors of the go- 
 vernment should, every three months, deliver in their de- 
 mands to the governour and council ; when, if that 
 quarter's revenue equalled the' amount of such debts, 
 the governour, by the advice of council, should draw 
 for it : but if the revenue, for that quarter, should fall 
 short of the governour's demands ; then the warrants 
 were to be drawn for so much only as remained, and 
 the creditors should afterwards receive new drafts for 
 their balances in the next quarter. That no warrant 
 should be issued, until the quarterly account of the re- 
 venue was given in ; but that then they should be paid 
 in course, and an action of debt be given against the 
 receiver general in case of refusal. That he should ac- 
 count also to the assembly when required, and permit 
 
History of New- York. 
 
 215 
 
 all persons to have recourse to his books. The house 
 turned a deaf ear to this plausible project, and displeas- 
 ed with a letter from the lords of trade, favouring the 
 council's claim to amend money bills, they agreed upon 
 an address to the queen, protesting their willingness to 
 support her government, complaining of misapplications 
 in the treasury, intimating their suspicions that they 
 were misrepresented, and praying an instruction to the 
 governour to give his consent to a law, for supporting 
 an agent to represent them at the court of Great Bri- 
 tain. Provoked by this conduct, and to put an end to 
 the disputes subsisting between the two houses, his ex- 
 cellency dissolved the assembly. 
 
 Before the meeting of the next assembly, the peace of 
 Utrecht was concluded, on the 31st of March, 1713. A 
 peace, in the judgment of many, dishonourable to Great 
 Britain, and injurious to her allies. I shall only consider 
 it with relation to our Indian affairs. The reader, doubt- 
 less, observed that lord Bellamont, after the peace at 
 llyswick, contended w ith the governour of Canada, that 
 the Five Nations ought to be considered as subjects of 
 the British crown, and that the point was disputed even 
 nfter the death of count Frontenac. It does not appear 
 that any decision of that matter was made between the 
 tw^o crowns, till the treaty of Utrecht, the xvth article 
 of which is in these words : 
 
 " The subjects of France inhabiting Canada, and oth- 
 ers, shall hereafter give no hindrance or molestation to 
 the Five Nations, or cantons of Indians, subject to the 
 dominion of Great Britain, nor to the other nations of 
 America, who are friends to the same. In like manner, 
 the subjects of Great-Britain shall behave themselves 
 peaceably towards the Americana;, who are subject^ or 
 
216 
 
 History of New- York. 
 
 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 promoting trade on one side and the oth- 
 er, without any molestation or hindrance, either on the 
 part of the British subjects, or of the French. But it 
 is to be exactly and distinctly settled by commissaries, 
 who are, and who ought to be, accounted the subjects 
 of Britain or of France.'^ 
 
 In consequence of this treaty, the British crown be- 
 came entitled, at least for any claim that could justly 
 be interposed by the French, to the sovereignty over 
 the country of the Five Nations, concerning the extent 
 of which, as it never was adjusted by commissaries, it 
 may not be improper to say a few words. 
 
 When the Dutch began the settlement of this coun- 
 try, all the Indians on Long Island, and the northern 
 shore of the sound, on tlie banks of Connecticut, Hud- 
 son's, Delaware, and Susquehanna rivers, were in sub- 
 jection to the Five JXations ; and, within tht- memory of 
 persons now living, acknowledged it by the payment 
 of an annual tribute."^ The French historians of Can- 
 ada, both ancient and modern, agree that the more 
 northern Indians were driven before the superior mar- 
 tial prowess of the confeder^^tes. The author of the 
 book entitled, Jlclation de ce qui s^cst passe de plus re- 
 marquahle aux mission de peres de la compagnie de 
 JesuSy en la nouvelle France^ published w ith the privilege 
 of the French king, at Paris, in 1661, writes w ith such 
 
 * A little tnbe, settled at the su^ar-loaf mountain, in Orange coun^ 
 ty, to this day, make a yearly payment of about 20i. to the Mohav-ks, 
 
History of Nm-York. 21 1 
 
 isingular simplicity, as obviates the least suspicion of 
 those sinister views, so remarkable in the late French 
 histories. He informs us that all tlie northern Indians; 
 as far as Hudson's bay, were harrassed by the Five Na- 
 tions, " Parlouty (says he, speakinj^ in the name of the 
 missionaries) nons trouvons Iroquois^ qui comme un 
 phantome imporluriy nous ohsede en tons Ueux.^^ In the ac- 
 count he gives of tlie travels of a f^ither, in 1658, we 
 are told, that the banks of the upper lake were lined 
 with the Algonkins, ou la crainte des Iroquois leur a 
 fait chercher un asi/le.'' Writing of the Hurons, " la 
 nation la plus sedentaire Sf la plus propre pour les se- 
 memes de la foiy^' he represents them as totally destroy- 
 ed by the confederates. Charlevoix, whose history of 
 New-France is calculated to countenance the encroach- 
 ments of the French, gives the following description of 
 the territory of the confederates : 
 
 " The country of the Iroquois (says he) extends it- 
 self between the 41st and 44th degrees of north lati- 
 tude, about seventy or eighty leagues from east to 
 west, from the head of the river, bearing for its name 
 that of Richelieu and Sorel ;^ that is, from lake St. Sa- 
 crament to Niagara, and a little above forty leagues 
 from north to south, or rather northeast and southwest 
 from the head of the Mohawks river to the river Ohio. 
 Thus the last mentioned river and Pennsylvania bound 
 it on the south. On the west it has lake Ontario ; and 
 lake Erie on the northwest ; St. Sacrament and the ri- 
 ver St. LawTence on the north ; on the south and south- 
 east, the province of New-York* It is watered with 
 
 * The river issuing from lake Champlalnis called Riviere des Iro^^ 
 quois de Richelieu & {Sorel : but the last is now most commonly used* 
 
 28 
 
21« 
 
 History of New-York. 
 
 many rivers. The land is in some places broken, hxit^ 
 generally speaking, very fertile." 
 
 In this partial description the Jesuit is neither con- 
 st istent with his geographer, nor several other French 
 authors; and yet both his history and Mr. Bellin's 
 maps, in 1744^^ which are bound up with it, iurnisb 
 many strong evidences in favour of the Biilish claims. 
 I will point out a few instances. The ancient country 
 of the Hurons is laid down on the north side of lake 
 Erie, by which we are ascertained of the extent of ter- 
 ritory, to which the Five Wations 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 be- 
 longed. The land, on both sides of the lake Ontario, 
 IS admitted to be theirs by this geographer, who writes 
 on the north, " les Iroquois du nord," and on the south 
 side, pays des Iroquois." Hennepin, La Hontan and 
 
 * Mr. Bellio published a new set of maps in 1745, the first plate be- 
 fn«; 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 se- 
 cond plate, was called " the south part of New-France.'* General Shir- 
 ley, one of the British commissaries for settling the disputed limits, 
 took occasion to speak of this alteration to Mr. Bellin, at Paris^ and 
 informed him that one hundred copies of his first maps were dispersed 
 in London, upon which he discovered some surprise ; but instead of 
 urging any thing in support of tfie 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 P'rench government interposes in 
 the construction of their maps, they are proper evidence against them. 
 Among the Englij^h, Dr. Mitchell's is tlie only authentick one extant. 
 None of the rest, concerning America, have passed under the examina- 
 tion, or received the sanction of any publick board; an<I, for this rea- 
 son, they ought not to be construed to our prejudice. Add, that they 
 generally copy from the French. 
 
History of New- York. 
 
 21§ 
 
 Belisle, all concur with Bellin, in extending the right of 
 the Five Nations, to the lands on the north side of lake 
 Ontario. The first of these, besides what appears from 
 his map, speaking of that lake, has these words, " there 
 ^re likewise on the north side these Iroquois villages, 
 Tejajahon, Kente-, and Ganneousse;" every one of wiiich 
 is laid d(^vvn even in Bellin's, and ahnost all the maps I 
 have seen of that c(mntry, whether French or English- 
 What renders Hennepin's account the more remarkable, 
 is, that these villages were there in 1679, seven years af- 
 ter the erection of fort Frontenac, From whence it may 
 fairly be argued, that their not opposing those works, 
 w^as by no means a cession of the country to the French ; 
 and indeed Charlevoix himself represents that matter as 
 carried on by a fraud, for, says he, " under pretext of 
 seekhig their advantage, the governour had nothing m 
 view, ipie de les tenir en hride^ 
 
 To these attestations, which are the more to be de- 
 pended upon, because they are given by the French 
 writers, whose partiality leads them to confine the 
 Five Nations to contracted limits,^ we may add, that 
 our Indians universally concur in the claim of all the 
 lands, not sold to the English, from the mouth of Sorel 
 river, on the south side of the lakes Erie and Ontario, 
 on both sides of the Ohio, till it falls into the Missisip- 
 pi ; and on the north side of those lakes, that whole ter- 
 
 * Mr. Belfin was engineer of the marine, and tells us that Charlevoix 
 performed his travels in this country \>y order of the French court ; 
 that he w as a man of attention and curiosity, and had a determined re- 
 solution to collect all possible intelligence, which he designed to make 
 publick. To give the greater credit to the Jesuit's history anf! his om k 
 map, he adds, that Charlevoix was nevpr without the instruments |3X0? 
 yer for a voyager, " partout la boussole a la maioo'* 
 
220 History of New-York. 
 
 ritory between the Outawais river and the lake Huron, 
 and even beyond the streights between that and lake 
 Erie. This last tract, and the land on the north side of 
 the lakes Erie and Ontario, were contained in their sur- 
 render to king William, in 1701 ; of which I took notice 
 in its proper place : and doubtless to that, and lord Bel- 
 lamont's contest with count Frontenac, we must ascribe 
 it, tliat the Five Nations were afterwards so particular- 
 ly taken notice of in the treaty of Utrecht. 
 
 The British title to fort Frontenac, and the lands on 
 the north west side of Cadaracqui river, has of late been 
 drawn into question by some, who, from jealousy, or 
 other motives equally shameful, were bent upon find- 
 ing fault with every measure planned by general Shir- 
 ley. The advocates for the French claim, relied m^ich 
 Qn a late Map of the middle British Colonies, and two 
 pamphlets published by Lewis Evans. 
 
 " The French, says he, being in possession of fort, 
 Frontenac, at the peace of Ryswick, which they attain- 
 ed during their war with the confederates, gives them 
 an undoubted title to the acquisition of the northwest 
 side of St. Lawrence river, from thence to their settle- 
 ment at Montreal." The writer adds ; " it was upon 
 the faith and honour of king William's promise (by 
 the fourth article of the treaty of Ryswick) of not 
 disturbing the French king in the free possession of 
 the kino;(]oms, countries, lands, or dominions he then en- 
 joyed, that I said the French had an undoubted title 
 to their acquisition of the northwest side of St. Law-^ 
 rei ce river, from Frontenac to Montreal." 
 
 Whether the treaty ought to be considered, as hav- 
 ing any relation to this matter, is a question which I 
 $hall not take upon rae to determine. The map mak- 
 
History of Nav-YorL 221 
 
 ev supposes it to be applicable, and, for the present, I 
 grant it. The xiith article of this treaty is in these 
 words : " the most Christian king shall restore to the 
 Jving of Great-Britain, all countries, islands, forts, and 
 colonies, wheresoever situated, which the English did 
 possess before the declaration of the present war. And 
 in like manner, the king of Great Britain shall restore 
 to the most Christian king, all countries, islands, forts, 
 and colonies, wheresoever situated, which the French 
 did possess before the said declaration of war.'' If there- 
 fore the British subjects were in possession of fort Fron- 
 tenac at the commencement of the war, the French, 
 who attained it during its continuance, according to this 
 treaty, ought to have surrendered it to the British crown. 
 
 Whatever the French title to fort Frontenac might 
 have been antecedent to the year 1688, in which the 
 island of Montreal was invaded by the Five Nations, it 
 is certain that it was then abandoned, and that the In- 
 dians entered it, and demolished a great part of the 
 works.^ But the author of the map affirms, " that the 
 English did not possess fort Frontenac before the de- 
 claration of war terminated by the peace of Kyswick.'' 
 ^o which I reply, that the Indians acquired a title in 
 1688, either by conquest, or dereliction, or both ; and 
 that the crown of Great Britain had a right to take ad- 
 vantage of their acquisition, in virtue of its sovereign- 
 ty over the Five Cantons. That they were our depend- 
 ents, was strongly and often insisted upon by gover- 
 nour Dongan and lord Bellamont, and the point re- 
 mained sub jvdiccy till the treaty of Utrecht. Then a 
 decision was solemnly made in our favour, which looks 
 
 Le fort de Catarocouy etoit ^vacue & ruine. Charlevoix* 
 
222 
 
 tiislory of New-York. 
 
 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 sub- 
 jects obtained the possession of the fort in question/'^ 
 Whence I think it may be fairly deduced, if we take 
 the treaty of Ryswick for our rule, that fort Fron- 
 tenac, which was regained by the French during their 
 w ar with us, ought to have been surrendered to the Bri- 
 tish crow^n. Every publick transaction between the 
 French and the Five Nations, without the participation 
 of the government of Great Britain, since the Indians 
 were claimed as our dependents, is, perhaps, absolutely 
 v oid, and particularly the treaty of peace made between 
 the Indians and the chevalier De Callieres, after the 
 death of coimt Frontenac.f 
 
 The possession of any part of the country of the 
 Five Nations by the French, either before or since the 
 close of queen Anne's w^ar, cannot prejudice the Bri- 
 tish title, because the treaty of Aix la Chapelle renews 
 and confirms that executed at Utrecht, in 1713, and ex- 
 pressly stipulates, that the dominions of the contracting 
 parties shall be in the same condition, which they ought 
 
 The Five Nations entered the fart in 1688, and the war against 
 France was not proclaimed till May, 1689. 
 
 t Evan's map and first pamphlet, or analysis, were published in the 
 summer, 1755, and that part in favour of the French claim to Fronte- 
 nac, was attacked by two papers in the New- York Mercury, in Jan. 
 1756. This occasioned his publication of the second pamphlet the 
 next spring, in which he endeavours to support his map. He was a 
 man in low circumstances, in his temper precipitate, of violent passions, 
 great vanity, and rude manners. He pretended to the knowledge of 
 every thin^:, and yet had very little learning. By his inquisitive turn 
 he filled his head with a considerable i^ollection of materials ; and a per- 
 
History oj Ntrv-YorJc. 
 
 223 
 
 of 1 iffht to have been in before the late war.'' Commis- 
 saries were soon after appointed to adjust the contro- 
 verted limits, who accordingly met at Paris, and conti- 
 nued the negotiation, till the French king perfidiously 
 seized upon several parts of Nova-Scotia, or Acadia, the 
 settlement of the bounds of which, was part of the very 
 business of the commissaries. This gave rise to the pre- 
 sent operations, and the longest sword will determine the 
 controversy. 
 
 Brigadier Hunter was disappointed in his expecta- 
 tions upon the late dissolution, for though the elections 
 were very hot, and several new members came in, yet 
 the majority were in the interest of the late assembly, 
 and on the 27th of May, 1713, chose Mr. Nicoll into the 
 chair. The governour spoke to them with great plain- 
 ness, informing them, that it would be in vain to endea-» 
 vour to lodge the money allotted for the support of go- 
 vernment, in any other than the hands of the queen's of- 
 ficers. Nevertheless (says he) if you are so resolved, 
 you may put the country to the expense of a treasurer 
 for the custody of money raised for extraordinary uses." 
 He added, that he was resolved to pass no law, till pro- 
 son of more judgment than he had, might, for a few clays, receive ad- 
 vantages from his conversation. He piqued himself much upon his two 
 maps, which are, however, justly chargeable with many errours. His 
 ignorance of language is evident, both in them and the two pamphlets 
 of his analysis, the last of which is stuffed with groundless aspersions on 
 general Shirley, who deserves so well from these colonies, that on that 
 account, and to weaken the authority of a map prejudicial to his majes- 
 ty's rights, I beg the reader's excuse for this infraction of the old yule, 
 de mortuis nil nisi bonum. He died at New- York, June 12, 1756, 
 under an arrest for a gross slander uttered against Mr. Morris, the 
 governour of Peansylvania. 
 
224 
 
 History of New-York. 
 
 vision was made for the government. The members 
 v^ ere therefore reduced to the dilemma of passing a bill 
 for that purpose, or breaking up immediately. They 
 chose the former, and the governour gave his assent to 
 that, and an excise bill on strong liquoi s, which conti- 
 nues to this day, producing into the treasury about one 
 thousand pounds per annum. After a short recess, se- 
 veral other laws were enacted in the fall. But the debts 
 of the government still remained unnoticed, till the sum- 
 mer of the year 1714. A loug session was then almost 
 entirely devoted to that single affair. Incredible were 
 the numbers of the publick creditors. New demands 
 were every day made. Petitions came in from all quar- 
 ters, and even for debts contracted before the revolution. 
 Their amount was near twenty-eight thousand pounds. 
 To pay this prodigious sum, recourse was had to the 
 circulation of bills of credit to that value. These were 
 lodged in the hands of the province treasurer, and issu- 
 ed by him only, according to the directions of the act. 
 
 The news of the queen's death arriving in the ensu- 
 ing fall, a dissolution ensued of course ; and a new 
 house met in May, 1715, which continued only to the 
 21st of July ; for the governour being now determin- 
 ed to subdue those whom he could not allure, again 
 dissolved the assembly. He succeeded in his design, for 
 though Mr. NicoU was re-elected into the chair, on the 
 9th of June, 1716, yet we plainly perceive, by the har- 
 mony introduced between the several branches of the 
 legislature, that the majority of the house w^ere now in 
 the interest of the governour. 
 
 An incontestable evidence of their good understand- 
 ing appeared at the session in autumn, 1717, w^hen the 
 governour informed them of a memorial, which had 
 
History of New-Yorh 22ir 
 
 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 mali- 
 cious libel. It was supposed to be written by Mul- 
 ford, a representative for Suffolk county, who always 
 opposed the measures that were taken to preserve the 
 friendship of the Five Nations, and foolishly projected 
 a scheme to cut them off! It was printed m England, 
 and delivered to the members at the door of the house 
 of commons, but never had the author's intended ef- 
 fect. 
 
 It was at this meeting the coimcil, on the 31st of Oc- 
 tober, sent a message by Mr. Alexander, then deputy 
 secretary to the house, desiring them " to appoint pro- 
 per persons for running the division line between this 
 colony and the province of New-Jersey, his excellency 
 being assured the legislature of the province of New- 
 Jersey will bear half the expense thereof.'* The as- 
 sembly had a bill before them, at that time, which af- 
 terwards passed into a law, for the payment of the re- 
 maining debts of the government, amounting to many 
 thousand pounds ; in which, after a recital of the gene-' 
 ral reasons for ascertaining the limits between New- 
 York and New- Jersey on the one side, and Connecti- 
 cut on the other, a clause was added, to defray the ex-* 
 pense of those services. Seven hundred and fifty 
 ounces of plate were enacted " to be issued by war- 
 rant, under the hand and seal of the governour of this 
 province for the time being, by and with the advice 
 and consent of his majesty's council, in such parts and ^ 
 portions as shall be requisite for that service, when the 
 survey, ascertaining, and numiiig the said lijie, limit, 
 
 29 
 
226 History of Ncrv-YorTc. 
 
 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 tlie 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 conclusive." 
 Another sum was also provided by the same clause, 
 for running the line between New- York and Connect- 
 icut ; and fh the year 1719, an act was passed for the 
 settlement of that limit, of which I shall have occasion 
 to take notice in a succeeding administration. 
 
 Whether it was because Mr. JNlicoll was disgusted 
 with the governour's prevailing interest in the house, 
 or to his infirm state of health, that he desired, by a 
 letter to the general assembly, on the 18th of May, 
 1718, to be discharged from the speaker's place, is un- 
 certain. His request was readily granted, and Robert 
 Livingston, esq. chosen in his stead. The concord be- 
 tween the governour and this assembly was now 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 assem- 
 bly in this session. I hope that what remains unfinish- 
 ed may be perfected by to-morrow, when I intend to 
 put a close to this session. 
 
 " I take this opportunity also to acquaint you, 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 
 
History of New-York. 227 
 
 absence, which has been, sometiine ago, so graciously 
 ^ wanted me ; but with a firm resolution 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, I think, 
 I am under the strongest obligations, for the future, 
 to account myself a countryman. 
 
 I look with pleasure on the present quiet and flour- 
 ishing state of the people here, whilst I reflect on that 
 in which I found them at my arrival. As the very name 
 of party or fact ion seems to be forgotten, may it for 
 ever lie buried in oblivion, and no strife ever happen 
 among you, but that laudable emulation, who shall ap- 
 prove himself the most zealous servant and most dutiful 
 subject of the best of princes, and most useful member 
 of a well established and flourishing community, of 
 which you, gentlemen, have given a happy example, 
 which 1 hope will be followed by future assemblies. I 
 mention it to your honour, and without ingratitude and 
 breach of duty I could do no less." 
 
 Colonel Morris and the new speaker, were the authors 
 of the answer to this speech, though it was signed by all 
 the members. Whether Mr. Hunter deserved the eula- 
 gium they bestowed upon him, I leave the reader to de- 
 termine. It is certain that few plantation governours 
 have the honour to carrv liome with them such a testi- 
 monial as this : 
 
 " Sir, when we reflect upon your past conduct, your 
 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. 
 
228 
 
 History of New-York. 
 
 like an affectionate parent ; and wherever you go, and 
 whatever station the Divine Providence shall please to 
 assign you, our sincere desires and prayers for the hap- 
 piness of you and yours, shall always attend you. 
 
 " We have seen many governours, and may see more; 
 and as none of those, who had the honour to serve in 
 your station, were ever so justly fixed in the afTections 
 of the governed, so those to come wall acquire no mean 
 reputation, w hen it can be said of them, their conduct 
 has been like yours. 
 
 " We thankfully accept the honour you do us, in call- 
 ing yourself our countryman ; give us leave then to 
 desire, that you will not forget this as your country, 
 and, if you can, make haste to return to it. 
 
 " But if the service of our sovereign will not admit of 
 what we so earnestly desire, and his commands deny us 
 that happiness ; permit us to address you as our friend, 
 and give us your assistance, when we are oppressed 
 with an administration the reverse of yours.'' 
 
 Colonel Hunter departing the province, the chief com- 
 mand devolved, the 31st of July, 1719, on Peter Schuy- 
 ler, esq. them 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 observa- 
 ble in his time, except a treaty, at Albany, with the In- 
 dians, for confirming the ancient league ; and the trans- 
 actions respecting the partition line between this and 
 the colony of New-Jersey : concerning the latter of 
 ^hich, I shall now lay before the reader a very sum- 
 mary account. 
 
 The two provinces were originally included in the 
 grant of king Charles to the duke of York. New-Jer- 
 
History of New- York. 
 
 229 
 
 sey was afterwards conveyed by the duke to lord Berk- 
 ley and sir George Carteret. This again, by a deed of 
 partition, was divided into East and West Jersey, the 
 former being released to sir George Carteret, and the 
 latter to the assigns of lord Berkley. The line of di- 
 vision extended from little Egg Harbour to the north 
 partition point on Delaware river, and thus both those 
 tracts became concerned in the limits of tlie province 
 of New-York. The original rights of lord Berkley and 
 sir George Carteret, are vested in two different sets, 
 consisting each of a great number of persons, known by 
 the general name of the proprietors of East and West 
 Jersey, who, though they surrendered the powers of 
 government to queen Anne, in the year 1702, still retain- 
 ed their property in the soil. These were the persons 
 interested against the claim of New- York. It is agreed, 
 on all sides, that the deed to New-Jersey is to be first 
 satisfied out of that great tract granted to the duke, 
 and that the remainder is the right of New- York. The 
 proprietors insist upon extending their northern limits 
 to aline drawn from the latitude of 4i° 40' on Delaware, 
 to the latitude of 41® on Hudson's river ; and alledge 
 that before the year 1671, the latitude of 4P, was reput- 
 ed to be fourteen miles to the northward of TapJ)an 
 creek, part of those lands being settled under New- Jer- 
 sey till 1684. They farther contend, that in 1684 or 
 1685, Dongan and Lawrie, (the former governour of 
 New- York, and the latter of New-Jersey) with their 
 respective councils agreed that the latitude on Hud- 
 son's river was at the mouth of Tappan creek, and that 
 a line from thence to the latitude of 4V 40' on Dela- 
 ware should be the boundary line. In 1686, Robinson, 
 
23» 
 
 History of New- York. 
 
 Wells, and Keith,^ surveyors of the three several pro- 
 vinces, took two observations, and found the latitude of 
 4r to be r and 25" to the northward of the Yonker's 
 mills, which is four miles and forty-five chains to the 
 southward of the mouth of Tappan creek. But against 
 these observations the proprietors offer sundry objec- 
 tions, which it is not my business to enumerate. It is 
 not pretended by any of the litigants, that a line, ac- 
 cording to the stations settled by Dongan and Lawrie, 
 was actually run ; so that the limits of these contend- 
 ing provinces must long have existed in the uncertain 
 conjectures of the inhabitants of both ; and yet the in- 
 conveniences of this unsettled state, through the infancy 
 of the coimtry, were very inconsiderable. In the year 
 1701, an act passed in New-York, relating to elections, 
 which annexed Wagachemeck, and great and little Min- ^ 
 isink, certain settlements near Delaware, to Ulster 
 county. The intent of this law was to quiet disputes 
 before subsisting between the inhabitants of those 
 places, whose votes w^ere required both in Orange and 
 Ulster. The natural conclusion from hence, is that 
 the legislature of New- York then deemed those planta- 
 tions not included within the New-Jersey grant. 
 
 €uch w^as the state of this affair till the year 1717, 
 when provision was made by this province for running 
 the line. The same being done in New-.Tersey the suc- 
 ceeding year, commissions for that purpose, under tlie 
 great seals of the respective colonies, were issued in 
 May, 1719. The commissioners, by indenture, dated 
 the 25th of July, fixed the north station point on~ the 
 
 * The same who left the qiiakers, and took orders in the church of 
 England. Burnet's hist, of his own times. 
 
History of New- York. 
 
 231 
 
 northermost branch of Delaware, called the Fish-Kill ; 
 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 comniissioneis not attending, through 
 sickness^ nothing further was done. What had already 
 been transacted, however, gave a general alarm to ma- 
 ny persons interested in several patents under New- 
 York, w ho before imagined their rights extended to the 
 southward of the random line. The New- York survey- 
 or afterwards declined proceeding in the work, com- 
 plaining of faults in the instrument, which had been 
 used in fixing the north station on Delaware. The 
 proprietors, on the other hand, ihiuk they have answer- 
 ed his objections, and the matter rested, without much 
 contention, till the year 1740. Frequent quarrels 
 multiplying after that period, relating to the rights of 
 soil and jurisdiction southward of the line in 1719, a 
 probationary act was passed in New- Jersey, in Febru- 
 ary, 1748, for running the line ex partCy if the province 
 of New- York refused to join in the work. Our assem- 
 bly, soon after, directed their agent to oppose the king's 
 confirmation of that act ; and it was accordingly drop- 
 ped, agreeably to the advice of the lords gf 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 Mng^s most excellent majesty : 
 " May it please your majesty^ 
 " We have lately had under our consideration, an 
 act passed in your majesty's province of New-Jersey, in 
 
232 
 
 History of New- York. 
 
 1747-8, entitled, an act for running and ascertaininsi; the 
 line of partition and division betwixt this province of 
 New-Jersey, and the province of New-York, 
 
 " And having been attended by Mr. Paris, solicitor 
 in behalf of the proprietors of the eastern division of 
 New- Jersey, with Mr. Hume Campbell and Mr. Hen- 
 ley, his counsel, in support of the said act ; and by Mr. 
 Charles, agent for the province of New- York, with Mn 
 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 which arise upon this act are of two 
 sorts, viz. such as relate to the principles upon which it 
 is founded, and such as relate to the transactions and 
 circumstances which accompany it. 
 
 " As to the first, it is an act of the province of New^- 
 Jersey interested in the determination of the limits, and 
 in the consequential advantages to arise from it. 
 
 " The province of New- Jersey, in its distinct and sep- 
 arate capacity, can neither make nor establish bounda- 
 ries : it can as little prescribe regulations for deciding 
 differences between itself and other parties concerned 
 in interest. 
 
 " The established limits of its jurisdiction and terri- 
 tory, are such as the grants under which it claims have 
 assigned. If those grants are doubtful, and differences 
 arise upon the constructions, or upon the matters o1( 
 them, we humbly apprehend that there are but two 
 methods of deciding them : either by the concurrence 
 of all parties concerned in interest, or by the regular and 
 legal forms of judicial proceeding : and it appears to 
 us, that the method of proceeding must be derived from 
 the immediate authority of the crown itself, signified by 
 
History of New- York 2S3 
 
 a commission 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 we humbly 
 conceive, to set up ex parte determinations and inco 
 petent jurisdictions in the place of justice and legal au- 
 thority, 
 
 " If the act of New- Jersey cannot conclude other par- 
 ties, it cannot be effectual to the ends proposed ; and 
 that it would not be eflectual to form an absolute de- 
 cision in this case, the legislature of that province seems 
 sensible, whilst it endeavours to leave to your majesty's 
 determination the decision of one point relative to this 
 matter, and of considerable importance to it ; which 
 power your majesty cannot derive from them, without 
 their having the power to establish the thing itself, with- 
 out the assistance of your majesty. 
 
 ^' As we are of opinijn that the present act, without 
 the concurrence of other parties concerned in interest, 
 is unwarrantable and ineffectual ; we shall, in the next 
 place, consider what transactions and proceedings have 
 passed, towards 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 to your sovereignty, 
 seigneurie, and property ; and the said provinces with 
 respect to their government and jurisdiction. 
 
 " With regard to the transactions on the part of New- 
 York, we beg leave to observe, that whatever agree- 
 ments have been made formerly between the two provin- 
 ces for settling their boundaries ; whatever acts of assem- 
 bly have passed, and whatever commissions have been 
 issued by the respective governoiurs and governments ; 
 
 30 
 
234 
 
 History of Ncrv-Yorh 
 
 the proceeclings under them have never been perfected, 
 the work h mains unfinished, and the disputes between 
 the two provinces subsist with as much contradiction as 
 ever ; but there is a circumstance that appears to us to 
 have still more weight, namely, that tliose 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 pro- 
 ceedings so authorised. 
 
 " The interest which your majesty has in the deter- 
 mination of this boundary, may be considered in three 
 lights : either as interests of sovereignty, respecting 
 mere government ; of seigneurie, which respect es- 
 cheats, and quilrents ; or of property, as relative to the 
 soil itself ; which last interest takes place in such cases 
 where either ycur majesty has never made any grants 
 of the soil, or w here such grants have, by escheats, re- 
 verted to your niajesty. 
 
 With regard to the first of these interests, viz. that 
 of sovereignty, it has been alledged to us in support of 
 the act, that it is not materiall)^ afiected by the question, 
 as both provinces are under your majesty's immediate 
 direction and government : but they stand in a very dif- 
 ferent light with respect to your majesty's intert st in 
 the quitrents and escheats ; in both which articles the 
 situation of the two provinces appears to us to make a 
 very material alteration : for although the province of 
 ISew-.lersey is not under regulations of propriety or 
 chaiti r with respect to its government, yet it is a pro- 
 prietary province vt ith respect to the grant and tenure 
 of its territory, and consequently as INew-York is not 
 in that prerlicament, the determination of the boundary 
 in prejuaice to tliat province, will affect your majesty *s 
 
History oj New-York. 
 
 235 
 
 interest with respect to the tenure of such lands as are 
 concerned in this question : it being evident, that what- 
 ever districts are supposed to be included iii the li nits 
 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 alledged, that 
 the crown has already made absolute grants of the whole 
 territory that can possibly come in question under tt e 
 denomination of this boundary, and reserved only tri- 
 fling and inconsiderable quitrents on those grants. But 
 this argument does not seem to us to be conclusive, 
 since it admits an interest in your majesty, the greatness 
 or smallness of whic h is merely accidental ; and there- 
 fore does not affect the essence of the question : and 
 we beg leave to observe, that in the case of exorbitant 
 grants with inconsiderable quitrents ; and where, conse- 
 quently, it may reasonably be supposed, that the crown 
 has been deceived in such grants by its officers ; your 
 ma jesty's contingent right of property in virtue of your 
 seigneurie, seems rather to be enlarged than dLninish- 
 ed. 
 
 " This being the case, it appears to us, that gover- 
 nour Hunter ought not to have issued his commission 
 for running the line above mentioned, without having 
 previously received the royal direction and instruction 
 for that purpose ; and that a commission issued without 
 such authority, can be considered, with respect to the 
 interests of the crown, in no other light than as a 
 mere nullity : and even with respect to New-York, we 
 observe, that the said com^nission is questionable, as it 
 l^oes not follow the directions of the above mentioned 
 
236 
 
 History of New-York. 
 
 act, passed in 1717, which declares that the commission 
 to be issued, shall be granted under the joint authority 
 of the governour and council of that province. 
 
 " But it has been further urged that the crown has 
 since confirmed these transactions, either by previous 
 declarations, or by subsequent acquiescence, and con- 
 sequently participated in them, so far as to conclude 
 itself : we shall therefore, in the next place, beg leave 
 to consider the circumstances urged for this purpose. 
 
 " It has been alledged that the crown, by giving con- 
 gent to the aforesaid act, passed in New-York, in I7i7, 
 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 governour Hunter : but the view and purport 
 of that act appears to us so entire, and so distinctly 
 formed for the purpose of raising money and establish- 
 ing funds — so various and so distinct from any conside- 
 Tation of the disputes subsisting in the two provinces, 
 with respect to the boundaries — that we cannot con- 
 ceive a single clause, in so long and so intricate an act, 
 can be a sufficient foundation to warrant the proceed- 
 ings of governour Hunter subsequent to it, without a 
 special authority from the crown for that purpose : and 
 there is the more reason to be of this opinion, as the 
 crown, by giving its assent to that act, can be constru- 
 ed to have assented only to the levying money for a 
 future purpose ; which purpose could not be effected 
 by any commission, but from itself ; and, therefore, can 
 never be supposed to have, thereby, approved a com- 
 niission from another authority, which was at that time 
 already issued, and carrying in execution, previous to 
 ^Uch assent, 
 
History of Netv-YorJc. 
 
 237 
 
 " We further beg leave humbly to represent to your 
 majesty, tiiat tlie line of partition and division between 
 your Qiajesty's province of T^ew-York and colony of 
 Connecticut, having been run and ascertained, pursu- 
 ant to the directions of an act, passed at New-York, 
 for that purpose, in the year 1719, and confirmed by 
 his late majesty, in 1723 ; the transactions between the 
 said province and colony, upon that occasion, have 
 been ailedged to be similar to, and urged as a prece- 
 dent, 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 ascer- 
 taining the lines of partition and division between that 
 colony and the colony of Connecticut, recites, that in 
 the year 1683, the governour and council of New- York, 
 and the governour and commissioners of Connecticut, 
 did, in council, conclude an agreement concerning the 
 boundaries of the two provinces ; that, in consequence 
 of this agreement, commissioners and surveyors were 
 appointed on the part of each government, who did ac- 
 tually agree, determine, and ascertain the lines of par- 
 tition ; marked out a certain part of them, and fixed 
 the point from whence the remaining part should 
 be I'un : that the several things agreed on and done by 
 the said commissioners, were ratified by the respective 
 governours — entered on record in each colony, in 
 March, 1700 — approved and confirmed by order of 
 king William the third, in his privy council — and by 
 his said majesty's letter to his governour of New- York, 
 From this recital it appears to us that those transac- 
 tions were not only carried on with the participation, 
 but confirmed by the express act and authority of the 
 
238 
 
 History of New-York. 
 
 crown and that confirmation made the foundation of 
 the act, passed by New-York, for settling the bouiida- 
 ries between t he two provinces ; of all which authority 
 and foundation, the act, we now lay before your m yes- 
 ty, appears to us to be entirely destitute. 
 
 " Upon the whole, as it appears to us, that the act in 
 question cannot be effectual to the ends proposed — 
 that your majesty's interest may be materially affected 
 by it — and that the proceedings on which it is founded, 
 were not warranted in the first -instance by the proper 
 authority, but carried on without the participation of 
 the crown ; we cannot think it advisafde to lay this 
 act before your majesty, as fit to leceive ^our royal 
 approbation. 
 
 " W hich is most humbly submitted, 
 
 " Dunk Halifax. 
 " J. Grenville, 
 " .lames Oswald, 
 Andrew Stone.- 
 
 Yv hitehall, July 18, 1753.^' 
 
HISTORY OF NEW-YORK, 
 
 PART y. 
 
 From the year 1720, to the "^commencement of the Ad- 
 ministration of Colonel Cosby. 
 
 William burnet, esq. took upon liiiii the ^* 
 vernment of this provmce, on the 17th of September, 
 1720. The council, named in his instructions, were 
 Colonel Schuyl r, Mr. Barbarie, 
 
 Colonel De Peyster, Mr. Philipse, 
 Captain Walter, Mr. Byerly, 
 
 Colonel Beekman, Mr. Clarke, 
 
 Mr. Van Dam, Dr. Johnson, 
 
 Colonel Heathcote, Mr. Harison. 
 
 Mr. Burnet was a son of the celebrated bishop of that 
 name, whose piety and erudition, but especially his zeal 
 and activity for the glorious revolution and protestant 
 succession, will embalm his memory to the most distant 
 ages. The governour was a man of sense and polite 
 breeding, a well read scholar, sprightly, and of a social 
 disposititm. Being devoted to his books, he abstained 
 from all those excesses into which his pleasurable relish 
 would otherwise have plunged him. He studied the arts 
 of recommending himself to the people, had nothing of 
 the moroseness of a scholar, was gay and condescending, 
 affected no pomp, but visited every family of reputa- 
 tion, and often diverted himself in free converse with 
 
240 
 
 History of New-York. 
 
 the ladies, by whom he was very much admh^ed. No 
 governour, before him, did so much business in chan- 
 cery. The office of chancellor was his delij^lit. ile 
 made a tolerable figure in the exercise of it, though he 
 was no lawyer, and had a foible very unsuitable for a 
 judge, I mean his resolving too speedily ; for he used to 
 say of himself, " I act first, and think afterwards/' He 
 spoke however always sensibly, and by his great reading 
 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 of- 
 fice of comptroller of the customs at London, which he 
 resigned to brigadier Hunter, as the latter, in his favour, 
 did the government of this and the colony of New- Jer- 
 sey. Mr. Burnet's acquaintance with that gentleman 
 gave him a fine op{)ortunity, before his arrival, to ob- 
 tain good intelligence both of persons and things. The 
 brigadier recommended all his old friends to the favour 
 of his successor, and hence we find that he made few 
 changes amongst them.^ Mr. Morris, the chief justice^ 
 was his principal confidant. Dr. Golden and Mr. Alex- 
 ander, two Scotch gentlemen, had the next place in his 
 esteem. He shewed his wisdom in that choice, for they 
 were both men of learning, good morals, and solid 
 parts. The former was well acquainted with the af- 
 fairs of the province, and particularly those which con- 
 cerned the French in Canada and our Indian allies. The 
 latter was bred to the law ; and, though no speaker, at 
 
 * Colonel Schuyler and Mr. Philipse were, indeed, removed from 
 the council board, by his representations ; and their opposing, in coun- 
 cil, the continuance of the assembly, after his arrival, was the cause 
 of it. 
 
History of New-York. 241 
 
 the head of his profession for sagjacity and penetration; 
 and in application to business no man could surpass 
 him. Nor was he unacquainted with the aflfairs of the 
 publick, having served in the secretary's office, the best 
 school in the province, for instruction in matters of go- 
 vernment ; because the secretary enjoys a plurality of 
 offices, conversant with the first springs of our provin- 
 cial economy. Both those gentlemen Mr. Burnet soon 
 raised to the council board, as he also did Mri Morris, 
 jun. Mr., Yan Horn, whose daughter he married, and 
 Mr. Kennedy, who succeeded Byerly, both at the coun- 
 cil board, and in the office of receiver general. 
 
 Of all our governours none had such extensive and 
 just views of our Indian aifairs, and the dangerous neigh- 
 bourhood of the French, as governour Burnet, in which 
 Mr. Livingston was his principal assistant. His atten- 
 tion to these matters appeared at the very commence- 
 ment of his administration, for in his first speech to the 
 assembly, the very fall after his artival, he laboured to 
 implant the same sentiments in the breasts of the mem- 
 bers ; endeavouring to alarm their fears, by the daily ad- 
 vances of the French, their possessing the main passes^ 
 .seducing our Indian allies, and increasing their new set- 
 tlements in Louisania. 
 
 Chief justice Morris, whose influence was very great 
 in the house, drew the address in answer to the gover- 
 nour's speech, which contained a passage manifesting 
 the confidence they reposed in hhn. " We believe that 
 the son of that worthy prelate, so eminently instrumen- 
 tal under our glorious monarch, William the third, in 
 delivering us from arbitrary power, and its concomit uits, 
 popery, superstition, and slavery ; has been educated 
 in, and possesses, those principles, that so justly recomr 
 
 31 
 
242 
 
 History of New-York. 
 
 mended his father to the council and confidence of pro- 
 tectant princes ; and succeeds our former governour, 
 not only in power, but inclination, to do us good.'^ 
 
 From an assembly, impressed with such favourable 
 sentiments, his excellency had the highest reason to ex- 
 pect a submissive compliance with every thing recom- 
 mended to the ir notice. The publick business proceed- 
 ed >^ ith')ut suspicion or jealousy, an 1 nothing intervened 
 to (iisiurbthe tranquility of the political state. Among 
 the most remarkable acts, passed at this session, w^e may 
 reckon that for a five years support ; another for lay- 
 ing a duty of two per cent, prime cost, on the importa- 
 tion of European goods, which was soon after repealed 
 hy the king ; and a third, for prohibiting the sale of In- 
 dian goods to the French. The last of these was a fa- 
 V( urite act of the governour's and though a law very ad- 
 vantageous to the province, became the source of an 
 unreasonable opposition against hia), which continued 
 through his whole administration. From the conclusion 
 of the peace of Utrecht, a great trade was carried on be- 
 tween Albany and Canada, for goods saleable among 
 the Indians. The chiefs of the confederates wisely fore- 
 saw its ill consequences, and complained of it to the 
 commissioners of Indian affairs,^ who wrote to Mr. Hun- 
 
 * The i2:overnour's residing at New- York, rendered it necessary that 
 come person should be commissioned, at Albany, to receive intelligence 
 froui the Indians, and treat with them upon emergencies. This gave 
 rise to the office of commissioners of Indian affairs, who, in general, 
 transact all such matters as might be done by the governour. They 
 receive no salaiies, but considerable sums are deposited in their hands 
 for occasional presents. There are regular minutes of their transac- 
 tions from the year ll>75. These were in separate quires, till Mr. 
 Alexander, who borrowed them for his perusal, in J 7515 had thera 
 
History oj NeW'York* 
 
 243 
 
 ter, acquainting him of their dissatisfaction. The letter 
 was laid before the house, but no effectual step tak: a 
 to prevent the mischief, till the passing of this act, v^hlch 
 subjected the traders to a forfeiture of the eflects s >] J, 
 and the penalty of lOOZ. 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 tliem frequent opportunities of seducing them from 
 their fidelity ; and to regain the Caghnuagas, who be- 
 came interested in their disaffection, by being the car- 
 rir^rs between Albany and Montreal. Among those who 
 were more immediately prejudiced by this new regula- 
 tion, the importers of those goods, from Europe, were 
 the chief; and hence the spring of their opposition to 
 the governour. 
 
 All possible arts were used, both here and at home, 
 to preserve the good temper of the assembly. Briga- 
 dier tlunter gave the ministry such favourable account^ 
 of the members, that colonel Schuyler, during his presi- 
 dentship, had orders from Mr. secretary Craggs, neither 
 to dissolve them himself, nor permit them to be dissolv- 
 ed ; and at the spring session, in the year 1721, Mr. 
 Burnet informed them that his continuance of them 
 
 bound up in four large volumes In folio. Here all our Indian treaties- 
 are entered. The books are kept by a secretary, comrrdssioned in 
 England, whose appointment is an annual salary of one hundred pounds 
 proclamation out of the quitrents. 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 trad- 
 ers 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 the arrival of general Braddock, received 
 lOjOOOl. sterling to securq the Indian interest. 
 
344 History of New- York. 
 
 was highly approved at home. Horatio Walpole, the 
 auditor general, who had appointed Mr. Clarke for his 
 deputy, thought this a favourable conjuncture for pro- 
 curing five per cent, out of the treasury. But the house 
 were averse to his application, and, on the 2d of June, 
 Abraham De Peyster, jun. was appointed treasurer by 
 the speaker's warrant, with the consent of the governour, 
 in the room of his father, who was infirm ; upon which 
 he entered into a recognizance of 5000Z. to the king, be- 
 fore a judge of the supreme court, for the faithful exe- 
 cution of his trust, which was lodged in the secretary's 
 office. The house, at the same time, in an address, de- 
 clared their willingness that the treasurer should ac- 
 count ; but utterly refused to admit of any draughts up- 
 on the treasury, for the auditor general, who was con- 
 strained to depend entirely upon the revenue, out of 
 which he received about 200Z. per annum. 
 
 Mr, Burnet being well acquainted with the geography 
 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 
 fiustrate 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 Louisania. 
 Towards the subversion of this scheme, he began thq 
 erection of a trading house at Oswego, in the country 
 of the Senecas, in 1722 ; and recommended a provision 
 for the residence of trusty persons among them, and the 
 Onondagas, which last possess the centre of the five 
 cantons. This year was remarkable for a congress of 
 several governours and commissioners, on the renewal 
 if)f ^h^ ancient friendship with the Indians at Albany, 
 
History of Nerv-Yorh 
 
 245 
 
 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 harrassed by their frequent iiruptions. On the 20th 
 of May, in the year following, the confederates were 
 augmented by their reception of above eighty Nica- 
 riagas, besides women and children, as they had been 
 formerly, by the addition of the Tuscaroras. The coun- 
 try of the Nicariagas was on the north side Messilima- 
 kinac, but the Tuscaroras posse^sed a tract of land near 
 the sources of James's river, in Virginia, from w^hence 
 the encroachments of the English induced them to re- 
 move, and settle near the south east end of the Oneyda 
 lake. 
 
 The strict union subsisting between the several 
 branches of the legislature, gave a handle to Mr. Bur- 
 net's enemies to excite a clamour against him. Jea- 
 lousies were industriously sown in the breasts of the 
 people. The continuance of an assembly, after the ac- 
 cession of a new governour, was represented as an anti 
 constitutional project : and though the affairs of the 
 publick were conducted with wisdom and spirit, 
 many were so much imposed upon, that a rupture 
 between the governour and the assembly was thought 
 to be absolutely necessary for the weal and safety 
 of the community. But this was not the only stra- 
 tagem of those who were disaffected by the prohibition 
 of the French trade. The London merchants were in- 
 duced to petition the king for an order to his gover- 
 nour, prohibiting the revival of the act made against it, 
 or the passing any new law of that tendency. The pe- 
 tition was referred to the board of trade, and backed 
 before their lordships, w^ith suggestions of the most no- 
 torious falsehoods. The lords of trade prudently ad- 
 
24& 
 
 History of New- York. 
 
 Tjsed that no such directions should be sent to Mr. 
 Burnet, till he had an opportunity of answerin^^ the ob- 
 jections agaiiist the ^ct. They were accordingly sent 
 over to him, and he laid them before his council. Dr* 
 Colden and Mr. Alexander exerted themselves in 
 a memorable report in answer to them, which drew up- 
 on them the resentment of several merchants here, who 
 bad first excited the London petition, and laid the foun- 
 dation for a variance between their families, which has 
 manifested itself on many occasions. In justice to Mr. 
 Burnet's memory, and to show the propriety of his 
 measures for obstructing the French trade, I cannot re- 
 frain the republication of the council's report at full 
 length. 
 
 " Mai/ it please your excellency, 
 
 ^ In obedience to your excellency's commands, in 
 council, the 29th of October, referring to us a petition 
 of several merchants in London, presented to the king's 
 niost excellent majesty, against renewing an act passed 
 in this province, entitled, " an act for encouragement of 
 the Indian trade, and rendering it more elfectual 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 dis- 
 tinct and clear, we shall gather together the several 
 assertions of the said merchants, both in their petition, 
 and delivered verbally before the lords of trade, as to 
 the situation of this province, with respect to the 
 French and Indian nations ; and observe on them, in 
 the first place, they being the foundation on which all 
 their other allegations are grounded^ Afterwards wa 
 
/ 
 
 History of New- York. 247 
 
 ^shall lay before your excellency what we think neces- 
 sary to observe on the other parts of the said petition, 
 in the order 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 pre- 
 sent in the interest of the French, and who lie between 
 New- York and the nations of Indians in the English 
 interest. The French and their Indians would not per- 
 mit the English Indians to pass over by their forts." 
 The said act " restrains them, (the Five Nations) from 
 a free commerce with the inliabitants 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." 
 
 " 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 ?iy 
 going down the river St. Lawrence, and from thence 
 through a lake, which brought them witiiin eighteen 
 leagues of Albany." 
 
 ' These things the merchants have thought it safe for 
 them, and consistent with their duty to his sacred ma- 
 jesty, to say in his majesty's presence, and to repeat 
 them afterwards before the right honourable the lordg 
 pf trade, though nothing can be more directly contra- 
 ry to the truth. For there are no nations of Indians 
 between New- York and the nations of Indians in the 
 English interest, who are now six in number, by the ad- 
 dition of th^ Tuscaroras. Th^ iylohawk* (caLied An^, 
 
248 
 
 History of New-York. 
 
 nies^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 from Albany, and within 
 the English settlements ; some of the English farms, up- 
 on the same river, being thirty miles further west. The 
 Oneydas (the next of the Fiv e Nations) lie likewise west 
 from Albany, near the head of Uie Mohawks' river, 
 about one hundred miles from Albany. The Ononda- 
 gas lie about one hundred and thirty miles west from 
 Albany ; and the Tuscaroras live partly with the Oney- 
 das, and partly with the Onondagas.f The Cayugas are 
 about one hundred and sixty miles from Albany ; and 
 the Senecas, (the furthest of all these nations,) are not 
 above two hundred and forty miles from Albany, as 
 may appear from Mr, De L'Isle's map of Louisania, 
 who lays down the Five Nations under the name of Iro- 
 quois : and goods are daily carried, from this province, 
 to the Senecas, as well as to those nations that lie near- 
 er, 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 Oneydas' lake, without going near 
 either St. Lawrence river, or any of the lakes upon 
 which the French 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 hun- 
 dred miles distant from it. Quebec lies about three 
 hundred and eighty miles northeast from Albany. So 
 
 * Agnies. 
 
 f De L'Isle. 
 
liistory of New-York. 
 
 249 
 
 far is it from being true that the Five Nations are situ- 
 ated upon the banks of the river St. Lawrence, oppo- 
 site to Quebec, that Albany lies almost directly be- 
 tween 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 Champlain) passing by the French forts, is to the 
 same purpose as if they should say, that one cannot go 
 from London to Bristol, but by way of Edinburgh. 
 
 ' Before we go on to observe 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 Indians lie between the French and 
 the Indians, from whence the French bring the far 
 greatest quantity of their furs : for the Senecas (whom 
 the French call Sonontouons are situated between 
 lake Erie and Cadaracqui lake, (called by the French, 
 Ontario) near the great fall of Iagara,t by which all the 
 Indians that live round lake Erie, round the lake of the 
 Hurons, round the lake of the Illinois, or Michegan^ 
 and round the great upper lake, generally pass in their 
 way to Canada. All the Indians situated upon the 
 branches of the Missisippi, must likewise pass by the 
 same place, if they go to Canada. And all of them like- 
 wise, in their way to Canada, pass by our trading place 
 upon the Cadaracqui lake, at the mouth of the Ononda- 
 ga river. The nearest and safest way of carrying goods 
 upon the Cadaracqui lake, towards Canada, being along 
 
 ^ Isonnontouans* 
 
 T Sometimes Oniagara, Ochniagara, but commonly I^iagara. 
 
 32 
 
250 
 
 History of New-York. 
 
 the south side of that lake, (near where our Indians are 
 settled, and our trade of late is fixed) and not by the 
 rorth side and Cadaracqui, or Frontenac fort, where the 
 French are settled. 
 
 ' Now that we have represented to your excellency 
 that not one word of the geography of these merchants 
 is true, upon which all their reasoning is founded ; it 
 might seem needless to trouble your excellency with 
 any further remarks, were it not to show with what 
 earnestness they are promoting the French interest, to 
 the prejudice of all his majesty's colonies in JNorth 
 America, and that ihey are not ashamed of asserting any 
 thing for that end, even in the royal presence. 
 
 ' First they say, " that by the act passed in this pro- 
 vince, entitled, an act for the encouragement of the In- 
 dian trade, &c. all trade whatsoever is prohibited in 
 the strictest manner, and under Ihe 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 pro- 
 hit>ited. I'he trade, as to other things, is left in the 
 same state it was before that act was made, as it will ap- 
 pear to any person that shall read it : and there are, 
 yearly, large quantities of other goods, openly, carried 
 to Canada, without any hindrance from the government 
 of New-York. Whatever may be said of the severity 
 and penaltii s in that act, they are found insufficient to 
 deter some from carrying goods clandestinely to the 
 French ; and the legislature of this province are convinc- 
 ed that no penahies can be too severe to prevent a 
 trade, v hich puts the safety of al! his majesty's subjects 
 Qf North America in the greatest danger. 
 
History of New- York. 251 
 
 ^ Their next assertion is, " all the Indian goods have 
 by this act been raised 25/. to 30/. per cent." This is 
 the only allegation in the whole petition that there is 
 any ground for. Nevertheless, though tlie common chan- 
 nel 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 difference be- 
 tween the exportation, any year before this act, and any 
 year since, could so much alter the price of beaver, as 
 ^ it is found to be this last year. Beaver is carried to Bri- 
 tain from other parts besides New-York, and it is cer- 
 tain that the price of beaver is not so much altered here 
 by the quantity in our market, as by the demand for it 
 in Britain. But as we cannot be so well informed here, 
 what occasions beaver to be in greater demand in Bri- 
 tain, we must leave that to be enquired after in England. 
 However, we are fully satisfied that it will be found to 
 be for very different reasons from what the merchants 
 alledge. 
 
 ' The merchants go on and say, " whereas, on the 
 other hand, this branch of the New- York trade, by the 
 discouragements brought upon it by this act, is aLnost 
 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, so that should 
 this act be continued, the New- York trade, which is 
 very considerable, must be wholly lost to us, and cen- 
 tre in tlie French. — Though New-York should not fur- 
 nish them, the French would find another way ti> be 
 supplied therewith, eiiherfrora some othei Oxhi© majes- 
 
252 
 
 History of New-York. 
 
 ty'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 excel- 
 lency that the principal of the goods proper for the In- 
 dian market, are only of the manufactures of Great Bri- 
 tain, 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 thence carry them to 
 France, in order to their transportation to Canada. 
 
 * The voyage to Quebec, through the bay of St. Law- 
 rence, is well known to be the most dangerous of any 
 in the world, and only practicable in the summer 
 months. The French have no commodities in Canada, 
 by reason of the cold and barrenness of the soil, proper 
 for the West-India markets ; and therefore have no rum 
 but by vessels from France, that touch at their islands 
 in the AVest-Indies. New- York has, by reason of its si- 
 tuation, 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 import any 
 goods near so cheap, to Canada, as they are imported 
 to New- York 
 
 ' But to put this out of all controversy, we need on- 
 ly observe to your excellency, that strouds (without 
 which no considerable trade can be carried on with the 
 Indians) are sold at Albany for 10/. a piece : they were 
 sold at Montreal, before this act took place, at 13/. 25, 
 
History of New-York. 
 
 253 
 
 Qd. and now Ihey are sold there for 25/. 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 
 Stroud s ; and likewise that they cannot trade without 
 them, seeing they buy them at so extravagant a price, 
 
 ' It likewise appears that none of the neighbouring 
 colonies have been able to supply the French with these 
 goods, and those that know the geography of the coun- 
 try, know it is impracticable to do it at any tolerable 
 rate, because they must carry their goods ten times fur- 
 ther by land than we need to do. 
 
 ' We are likewise assured that the merchants of Mon- 
 treal lately told Mr. Vaudreuil, their governour, that if 
 the trade from Albany be not by some mean or other 
 encouraged, they must abandon that settlement. 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 
 wall leave no method untried to defeat the present de- 
 signs of this government, seeing they are more afraid 
 of the consequences of this trade between New- York 
 and the Indians, than of all the warlike expeditions that 
 ever were attempted against Canada. 
 
 * But to return to the petitioners. " Tliey conceive 
 nothing can tend more to the withdrawing the affections 
 of the Five Nations of Indians from the English inter- 
 est, than the continuance of the said act, which in its ef- 
 fects restrains them from a free commerce with the in- 
 habitants of New-York, 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 strenghtened.'^ 
 
254 
 
 History of New-York. 
 
 ' It seems to us a strange argument to say that an 
 act, the whole purport of which is to encourage our 
 own people to go among the Indians, and to draw 
 the far Indians through our Indian country to Al- 
 bany (and which has truly produced these effects) 
 would, on the contrary, restrain them from a free 
 commerce with the inhabitants of New- York, and 
 may too probably estrange them from the English 
 interest ; and therefore that it w^ould be much wiser 
 in us to make use of the French, to promote the 
 English interest ; and for which end, w^e ought to en- 
 courage a free intercourse between them and our In- 
 dians. The reverse of this is exactly true, in the opin- 
 ion of our Five Nations ; who in all their publick trea- 
 ties with this government, have represented against ttiis 
 trade, as the building the French forts with English 
 strouds : that the encouraging a freedom of commerce 
 with our 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 car- 
 rying 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 positive- 
 ness. For it is well known, almost to every person in 
 New-York, that there has not been a less, but rather, 
 a greater, quantity of European goods imported into 
 this place, since the passing of this act than was at any 
 time before it, in the same space of tim^r As this ap- 
 
History of New-Yorh 
 
 pears by the manifests in the custom house here, the 
 same may 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 w hich we have shown to be 
 asserted without the least foundation to support them; 
 there notbing now remains but to shew 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 manners and languages ; 
 and those have returned with such large quantities of 
 furs, that greater numbers are resolved to follow their 
 example ; so that w^e 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 publick 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 communication 
 between the Indians and the English that if these 
 places be well supported, as they easily can be from 
 
256 
 
 History of New-York. 
 
 our settlements, in case of a rupture with the French^ 
 it will be in the pow er of this province to intercept the 
 greatest part of the trade between Canada and the In- 
 dians round the lakes and the branches of the Missisip- 
 pi. — Since this act passed, many nations have come to 
 Albany to trade, in 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 be- 
 fore 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 w omen 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 
 Wehkereages, consisting of six castles and tribes ; and 
 that they lived near a place called by the French Mis- 
 simakinah, between the upper lake and the lake of the 
 Hurons. These Indians not only desired a free com- 
 merce, but likewise to enter into a strict league of friend- 
 ship 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. 
 
 ^ In July, the Twightwies arrived, and brought an In- 
 dian interpreter of our nations w ith them, who told, that 
 they were called by the French, Miamies, and that they 
 live upon one of the branches of the river Missisippi. — 
 At the same time some of the Tahsagrondie Indians, 
 
History of New-York. 
 
 257 
 
 who live between lake Erie and the lake Hurons, near 
 a French settlement, did come and renew their league 
 with the English, nor durst tlie French hinder them. — 
 In July, tliis year, another nation came, whose situation 
 and name we know not ; and in August and Septem- 
 ber, 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 endeavouring to get 
 before another, in order to reap the profits of so advan* 
 tageous a trade, which has, all this summer long, kept 
 about forty traders constantly employed, in going be- 
 tween our trading places, in our Indian country, and 
 Albany. 
 
 ' All these nations of Indians, who came to Albany^ 
 said that the French had told them many strange sto- 
 ries 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 settlement there, called by them Le De- 
 troit) rose to that height, this summer, that Mr. Tonti, 
 who commanded 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 Great Bri- 
 tain, than ever w^as 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 quanti- 
 ty of goods for the Indians (strouds especially) sent over 
 next spring, than ever was at any one time to this pro- 
 vince. For the merchants here tell us, that they have 
 at this time ordered more of these goods than ever wa« 
 done at any one time before. 
 
 33 
 
History of Nen-YorJc. 
 
 * These matters of fact prove, beyond contradictiorr^ 
 that this act has been of the greatest service to ISew- 
 York, in making us acquainted with many nations of 
 Indians, formerly entirely unknown, and strangers to 
 us ; withdrawing them from their dependence 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 in- 
 terest in genera], as to trade, is apparent to any body. 
 It is no less apparent, likewise, that it is of the greatest 
 consequence to the safety of all the British colonies in 
 iVforth America. We feel, too sensibly, the ill etfects 
 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 such numerous nations, as 
 lie 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 w hat they want) be 
 brought to have a dependence upon the English (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 mer- 
 cy of the English* 
 
 * To these advantages must be added^ that many of out 
 young men having been induced by this act to travel 
 among the Indians, they learn their manners, their lan- 
 guages, and the situation of all their countries, and be- 
 come 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 In- 
 dians, will be of ten times tlie service, that the same 
 
• 
 
 History of New-York. 
 
 259 
 
 number of the common 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 ere 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 en- 
 couraging the most necessary undertaking, if they ap- 
 prehend their profit for two or three years may be les- 
 sened by it. This inclination of the merchants has been 
 so notorious that few nations at war with their neio:h- 
 bours have been able to restrain them from supplying 
 their enemies with ammunition and arms. The count 
 d'Estrade, in his letters, in 163H, says that when the 
 Dutch were besieging Antwerp, one Beiland, who had 
 loaded four fly boats with arms and powder for Ant- 
 werp, being taken up by the prince of Orange's order, 
 and examined at Anisterdam, said, boldly, that the 
 burghers of Amsterdam had a riglit 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 w^as very free to own, that if to get any ti;ing 
 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 iiave got estates by trading many years to 
 
260 
 
 • 
 
 History of New-York. 
 
 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 merchants of 
 London, and their allegations before the lords of trade, 
 together with the answers your committee has made 
 thereto, in vindication of the legislature of this pro- 
 vince, 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 publick notice to reply, if 
 they shall think it proper, or to disown, in a publick 
 manner, that they are the authors of such groundless 
 informations. All which is unanimously and humbly 
 submitted, by 
 
 * Your excellency's 
 
 ' Most obedient humble servants, 
 ' R. Walter, ' Cadvvallader Colden, 
 
 Rip Van Dam, ' James Alexander, 
 * John Barbarie, ^ Abraham Van Home;* 
 ' Fr. Harison, 
 
 Governour Burnet transmitted this report to the 
 board of trade ; and it had the intended effect. About 
 the latter end of the year 1724, an unfortunate dispute 
 commenced in the French church, of which, because it 
 had no small influence on the publick affairs of the go- 
 vernment, I shall lay before the reader a short account. 
 
History of New-York. 
 
 261 
 
 The persecutions in France, which ensued upon the 
 revocation of the edict of Nantz, drove the protest ant 
 subjects of Louis XIV, into the territories of other 
 princes. Many of them fled even into this province : 
 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 Ul- 
 ster county. Those who resided at New- York soon 
 erected a church, upon the principles and model of 
 that in Geneva ; and by their growth and foreign acces- 
 sions, formed a congregation, for nimibers and riches, 
 superior to all but the Dutch. They had two ministers ; 
 Kou, the first called, w^as a man of learning, but proud, 
 pleasurable, and passionate. Moulinaars, his colleague, 
 was most distinguished for his pacific k spirit, dull parts, 
 and unblameable life and conversation. Ron 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 afTronts 
 and open contempt, raised a party in his favour, and 
 this year succeeded in the election of a set of elders, 
 disposed to humble the delinquent. Rou being suspi- 
 cious 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 
 pf the church, and procured a ratification of the act un- 
 der the hands of the majority of the people. Governour 
 Burnet had, long before this time, admitted Rou into 
 his familiarity, on the score of his learning ; and that 
 consideration encouraged a petition to him, from Ron's 
 adherents, complaining against the elders. The mat- 
 ter was then referred to a committee of the council, 
 who advised that the congregation should be admonish- 
 
262 
 
 History of New-York. 
 
 ed to bring their differences to an amicable conclusion. 
 Some overtures, to that end, were attempted ; and the 
 elders offered to submit the controversy to the Dutch 
 ministers- But Rou, who knew that the French church 
 in this country, without a synod was unorganized, and 
 could not restrain him, chose rather to bring his bill in 
 chancery before the governour. 
 
 Mr. Alexander was his council, and Mr. Smith,^ a 
 young lawyer, of the first reputation as a speaker, ap- 
 peared for tiie elders. He pleaded to the jurisdiction 
 of the court, insisting that the matter was entirely ec- 
 clesiastical, and, in the prosecution of his argument, en- 
 tered largely into an examination of the government of 
 the prottstant churches in France. According to whic h 
 he showed that the consistory were the proper judges 
 of the point in dispute, in the first instance ; and that 
 from thence an appeal lay to a collogue, next to a pro- 
 vincial, and last of all to a national synod. Mr Burnet 
 nevertheless over ruled the plea, and the defendants, be- 
 ing fearful of a decree, that might expose their own es- 
 tates to the payment of Rou's salary, thought it advis- 
 able to drop their debates, reinstate the minister, and 
 leave the church. 
 
 All those who opposed Rou were disobliged with the 
 governour : among these Mr. De Lancey was the most 
 considerable for his wealth and popular influence. He 
 was very rigid in his religious profession, one of the first 
 builders, and by far the most generous benefactor of 
 the French church, and therefore left it with the utmost 
 
 * 
 
 * These gentlemen came into the colony in the same ship, in 1715a 
 The latter was born at Newport Pa^nel, in Buckinghamshire. They 
 were among the principal agents in the politicgil struggles during the 
 administration of colonel Cosby. 
 
History of New-Yorh 
 
 263 
 
 reluctance. Mr. Burnet, before this time, had consi- 
 dered him as his enemy, because he had opposed the pro- 
 hibition of tiie French trade ; and this led him into a 
 step, which, as it was a personal indignity, Mr. DeLan- 
 cey could never recollect without resentment. This 
 gentleman was returned for the city of New- York, in 
 the room of a deceased inember, at the meeting of the 
 assembly in September, 1725. When he offered himself 
 for tlie oatlis, 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 
 tiine to consider the matter. Mr. De Lancey then laid 
 before the house an act of a notary publick, certifying 
 that he was named in a patent of denization, granted in 
 the reign of .Tames 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 governour, in the mean time, consulted the chief 
 justice, and transmitted his opinion^ to the house, who 
 resolved in favour of Mr. De Lancey. Several othei^ 
 new representatives came in, at this session, upon the 
 decease of the old members ; and Adolph Philipse, who 
 was some time before dismissed from the council board, 
 was elected into the speaker's chair, in the absence of 
 Mr. Livingston. The majority, however, continued in 
 the interest of the governour ; and consented to the re- 
 
 What colonel Morris' opinion was I have not been able to disco- 
 ver. Governour Burnet's conduct was thought to be unconstitutional, 
 and an invasion of the rights of the assembly, v;ho claim the exclusive, 
 privilege of deiermiuipg the qualificatiocs oi their ©wn members. 
 
264 
 
 History of New-York. 
 
 vivalof the several acts which had been passed for pro- 
 hibiting the French trade ; which, in spite of all the re- 
 straints laid upon it, was clandestinely carried on by the 
 people of Albany. Oswego, nevertheless, grew consi- 
 derable for its commerce : fifty-seven canoes went there 
 this summer, and returned with seven hundred and thir- 
 ty eight packs of beaver and deer skins. 
 
 Nothing could more naturally excite the jealousy of 
 the French than the erection of the new trading house 
 at the mouth of the Onondaga river. Fearful of losing 
 a profitable trade, which they had almost entirely en- 
 grossed, and the command of the lake Ontario, they 
 launched two vessels in it in 1726, and transported mate- 
 rials for building a large storehouse and repairing the 
 fort at Niagara. The scheme was not only to secure 
 to themselves the entrance into the west end of the 
 lake, as they already had the east, by the fraudulent 
 erection of fort Frontenac, many years before ; but 
 also to carry their trade more westerly, and thus ren- 
 der Oswego useless, by shortening the travels of the 
 western Indians near two hundred miles. Baron de 
 Longueil, who had the chief command in Canada, on the 
 death of the marquis de Vaudreuil, in October, 1725, 
 was so intent upon this project, that he w^ent, in person> 
 to the Onondaga canton, for leave to raise the store- 
 house at JNiagara : 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 i and sent deputies to Niagara, with 
 
tEstory of New- York. 
 
 263 
 
 a message, signifying that the country in which they 
 were at wotk, belonged solely to the Senecas ; and re- 
 quired them immediately to desist. The French, not- 
 withstanding, were regardless of the embassage, and 
 pushed on their enterprise with all possible dispatch, 
 while Joncaire exerted all his address among the Indians 
 to prevent the demolition of the works. Canada was 
 very much indebted to the incessant intrigues of this 
 man. He had been adopted by the Senecas, and was 
 well esteemed by the Onondagas. He spoke the Indian 
 language, as Charlevoix informs us,"avec la plus sublime 
 eloquence Iroquoise," and had lived among them, af- 
 ter their manner^ from the bginning of queen Anne's 
 reign. All these advantages he improved for the inte- 
 rest of his country ; he facilitated the missionaries in 
 their progress through the cantons, and more than any 
 man contributed to render their dependence upon the 
 English weak and precarious. Convinced of this col- 
 onel Schuyler urged the Indians, at his treaty with 
 them, in 1719, to drive Joncaire out of their country, 
 but his endeavours were fruitless*^ 
 
 The Jesuit Charlevoix does honour to Mr. Burnet, in 
 declaring that he left no stone unturned to defeat the 
 French designs at Niagara. Nor is it much to be won- 
 dered at. For besides supplanting his favourite trade 
 at Oswego, it tended to the defection of the Five Na- 
 tions ; and in case of a rupture, exposed the frontiers of 
 our southern colonies to the ravages of the French and 
 
 * The same thing has*since been frequently laboured, but to no pur* 
 pose. His son continued the course of iutrigues be^un by the father^ 
 till general Shirley, while he was at Oswego, in 1755, prevailed upott 
 tlie Seuecas to ©rder him to Canada. 
 
 34 
 
^66 
 
 History of New-York. 
 
 tlieir allies. Mr. Burnet, upon whom these considera- 
 tions made the deepest impression, laid the matter be- 
 fore the house, remonstrated against the proceedings to 
 Longuiel, in Canada, wrote to the ministry in England, 
 who complained of them to the French court, and met 
 the confederates at Albany, endeavouring to convince 
 them of the danger they themselves would be in, from 
 an aspiring, ambitious neighbour. He spoke first about 
 the aliair privately to the sachems, and afterwards, in 
 the publick conference, informed them of all the en- 
 croachments which the French had made upon their 
 fathers, and the ill usage they had met with, according 
 to La Potherie's account, published with the privilege 
 of the French king, at Paris, in 1722. He then ren ind- 
 ed them of tlie kind treatment they had received from 
 the English, Vvho constantly fed and clothed them, 
 and never attempted any act of hostility to their preju- 
 dice. This speech was extremely well drawn, the 
 thoughts being conceived in strong figures, particular- 
 ly expressive and agreeable to the Indians. The go- 
 vernour required an explicit declaration of their senti- 
 ments concerning the French transactions at Niagara, 
 and their answer was truly categorical. " We speak 
 now in the name of all the Six Nations, and come to 
 you hcwling. This is the reason why we howl, that 
 the governour of Canada encroaches on our land and 
 builds thereon." After which they entreated him to 
 write to the king for succour. Mr. Burnet embraced 
 this favourable opportunity to procure from them a 
 deed surrendering their country to* his majesty, to be 
 protected for their use, and confirming their grant in 
 1701, concerning wliich there was only an entry in the 
 
History of New-York. 
 
 267 
 
 books of the secretary for Indian affairs.^ It happened, 
 very unfortunately, that his excellency's hands were 
 then more weakened than ever, by the growing disaf- 
 fection in the house. Tiie intrigues of his adversaries, 
 and tlie frequent deaths of the members, had introduced 
 such a change in the assembly, that it was with difficul- 
 ty he procured a three years support. The clamours 
 of the people ran so high, with >ut doors, for a new 
 election, that he was obliged to dissolve the hi»use, and 
 soon after another dissolution ensued upon the death of 
 the king. The French, in the mean time, completed 
 their works at Niagara, and Mr. Burnet, who was un- 
 able to do any thing else, erected a fort, in 1 727, for 
 the protection of the post and trade at Oswego. This 
 necessary undertaking was pregnant with the most im- 
 portant consequences, not only to this, but all our 
 c:>lonies ; and though the governour's seasonable ac- 
 tivity deserved the highest testimonials of our grati- 
 tude, I am ashamed to confess, what I am bound to re- 
 late, that he built the fort at his private expense, and 
 that a balance of above 56/. principal, though frequent- 
 ly demanded, remains due to liis estate to tiiis very day. 
 
 Besides the territories at the west end of lake Erie, and on the 
 north si !e of that, and the lake Ontario, which were ceded, in 1701, 
 the Indians now panted, for the same pnrpose, all their habitations 
 from O; we£:o to Cayahoga river, which disembogues into lake Erie, 
 and the country extending sixty miles from the southermost banks of 
 those lakes. Though the first surrender, through negligence, was not 
 made by the execution of a formal deed under seal ; yet as it was 
 transacted with all the solemnity of a treaty, and as the second surren- 
 der confirir s the first no intermediate possession by the French can 
 prejudice the British title derived by the cession in 170L 
 
268 
 
 History of New- York. 
 
 Beauharnois, the governour of Canada, who super- 
 seded Longuiel, was so incensed at the building of the 
 fort, that he sent a written summons, in July, to the 
 officer posted there, to abandon it ; and though his pre- 
 decessor had done the same, a little before, at Niagara, 
 in the country of the Senecas, the acknowledged sub- 
 jects of the British crown,^ yet with a singular effron- 
 tery, he dispatched de la Chassaigne, a man of parts, 
 and governour of Trois Rivieres, to New- York, with 
 the strongest complaints to Mr. Burnet upon that head. 
 His excellency sent him a polite, but resolute answer, 
 on the eighth of August ; in which he refuted the argu- 
 ments urged by the French governour general ; and 
 remonstrated against the proceedings of the last year 
 at Niagara. 
 
 The new assembly met in September, 1727, and con- 
 sisted of members all ill affected to the governour. The 
 long continuance of the last, the clamours which were 
 
 * Though the sovereignty over the Five Nations was ceded to 
 Great Britain, and Charlevoix himself had acknowledged that Niagara 
 was part of their country, yet the pious Jesuit applauds the French 
 settlement there, which was so manifest an infraction of the treaty of 
 Utrecht. The marquis de Nonville, in his letter to the court of 
 France, in 1686, proposed the erection of a fort there, to secure the 
 communication with the lakes, and deprive us of a trade which he 
 computed to be worth 400,000 francs per annum. Charlevoix, per- 
 haps, considered these advantages sufficient to justify the violation of 
 publick faith ; reasoning upon the principles of le chevalier de Cal- 
 lieres, who thought the legality of making a conquest of New-\ork, 
 during the strict peace in James lid's reign, might be inferred from the 
 benefit that would thereby accrue to the French colony, " qu' il n'y 
 avoit point d' autre voye pour conserver la colonie, que de nous rendre 
 maitres de la Nouvelle York ; et que cette conquete etoit legitime 
 par la uecessite." 
 
History of New- York. 
 
 269 
 
 excited by several kite important decrees in chancery, 
 the affair of the French church, and especially the pro- 
 hibiting the Canada trade, were the causes to which the 
 loss of his interest is to be ascribed. Mr. Philipse, the 
 speaker, was piqued at a decree in chancery against 
 himself, which very much aflected his estate ; no won- 
 der, then, that the members who were very much influ- 
 enced by him, came, on the 25th of November, into 
 the following resolutions. Colonel Hicks, from the 
 committee of grievances, reported, " That as well by 
 the complaints of several people, as by the general cry 
 of his majesty's subjects inhabiting this colony, they 
 find that the court of chancery, as lately assumed to be 
 set up here, renders the liberties and properties of the 
 said subjects extremely precarious ; and that by the 
 violent measures taken in, and allowed by it, some 
 have been ruined, others obliged to abandon the colo- 
 ny, and many restrained in it, either by imprisonment or 
 by excessive bail exacted from them not to depart, even 
 w^hen no manner of suits are depending against them : 
 and, therefore, are of opinion that the extraordinary 
 proceedings of that court, and the exhorbitant fees and 
 charges, countenanced to be exacted by the oflScers 
 and practitioners thereof, are the greatest grievance 
 and oppression this colony hath ever felt : and that for 
 removing the fatal consequences thereof, they had 
 come to several resolutions, which being read, were 
 approved by the house, and are as follow : 
 
 " Resolved, That the erecting or exercising, in this 
 colony, a court of equity or chancery (however it may 
 be termed) without consent in general assembly, is un- 
 warrantable, and contrary to the laws of England, and 
 
270 
 
 History of New- York. 
 
 a manifest oppression and grievance to the subjects^ 
 and of pernicious consequence to t heir liberties and pro- 
 p rties. 
 
 " Resolved, That this house will at their next meet- 
 ing prepare and pass an act to declare and adjudge all 
 orders, ordinances, devices, and proceedings, 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 es- 
 tablish a court of equity or chancery in this colony ; 
 in w^hom the jurisdiction thereof ought to be vested ; 
 and how far the powers of it shall be prescribed and 
 limited."' 
 
 Mr. Burnet no sooner heard of these votes, than he 
 called the mem ers before him, and dissolved the as- 
 sembly. They occasioned, however, an ordinance in 
 the spring following, as well to remedy sundry abuses 
 in the practise 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 chan- 
 cery have ever since rusted upon their axes, the prac- 
 tise being contemned by all gentlemen of eminence in 
 the profession. 
 
 We are now^ come to the close of Mr. Burnet's ad- 
 ministration, when he was appointed to the chief com- 
 mand of the Massachusetts' Bay. Though we never 
 had a governour to whom the colony is so much indebt* 
 ed as to him ; yet the influence of a faction, in the 
 judgment of some, rendered his removal necessary for 
 the publick tranquility. Insensible of his merit, the 
 undistinguishing niultitude were taught to consider it 
 
History of New-York. 
 
 271 
 
 as a most fortunate event ; and till the ambitious de- 
 signs 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 re- 
 luctance. His marriage here connected him with a 
 numerous family, and, besides an universal acquaint- 
 ance, there were some gentlemen with whom he fcoxi- 
 tracted 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 inexhausti- 
 ble sources of delight. His astronomical observations 
 have been useful ; but by his comment on the Apoca- 
 lypse, he exposed himself, as other learned men have 
 before him, to the criticisms of those who have not abil- 
 ities to write half so well. 
 
 John Montgomerie, esq. received the great seal of 
 this province, from Mr. Burnet, on the 15th of Aprils 
 1728, having a commission to supersede him here and 
 in New-Jersey. The council board consisted of, 
 Mr. Walters, Mr. Alexander, 
 
 Mr. Van Dam, Mr. Morris, jun. 
 
 Mr. Barbaric, Mr. Van Home, 
 
 Mr. Clarke, Mr. Provoost, 
 
 Mr. Harrison, Mr. Livingston, 
 
 Dr. Golden, Mr. Kennedy. 
 
272 
 
 Hisiory of New- York. 
 
 The governour was a Scotch gentleman, and bred a 
 soldier ; but, in the latter part of his life, he had little 
 concern with arms, having served as groom of the bed- 
 chamber to his present majesty, before his accession to 
 the throne. This station, and a seat he had in parlia- 
 ment, paved the way to his preferment in America. In 
 his talents for government he was much inferiour to his 
 predecessor, for he had neither strength nor acuteness 
 of parts, and was but little acquainted with any kind of 
 literature. 
 
 As in the natural, so in the political world, a violent 
 storm is often immediately succeeded by a peaceful 
 calm ; tired by the mutual struggles of party rage, 
 every man now ceased to act under its influence. The 
 governour's good humour too, extinguished the flames 
 of contention, for being unable to plan, he had no par- 
 ticular scheme to pursue ; and thus by confining him- 
 self to the exercise of the common acts of government, 
 our publick aflfairs flowed on in a peaceful, uninterrupt- 
 ed, stream. 
 
 The reader will, for this reason, find none of those 
 events in colonel Montgomerie's short administration, 
 which only take rise under the superintendency 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 remembrance of his time. 
 
 The two rocks, upon which the publick tranquility 
 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 countenanced the cla- 
 mours against it, by declining to sit, till enjoined to 
 exercise the office of chancellor b'y special orders from 
 
History of New- Yorh 
 
 213 
 
 England. He then obeyed the command, but not with- 
 out discovering his reluctance, and modestly confess- 
 ing to the practisers that he thought himself unqualifi- 
 ed for the station. Indeed the court of chancery was 
 evidently his aversion, and he never gave a single de- 
 cree in it, nor more than three orders ; and these, both 
 as to matter and form, were first settled by the counsel 
 concerned. 
 
 Mr. Philipse w^as chosen speaker of the assembly, 
 whii h 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 1 st 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 the 
 defence of Oswego. Nothing could be more seasonable 
 than this interview ; for the French, who eyed that im- 
 portant garrison, and our increasing trade there, with 
 the most restless jealousy, prepared, early in the spring 
 following, to demolish the works. Governour Burnet 
 gave the first intelligence of this design, in a letter to 
 colonel Montgomerie, dated at Boston, the 31st of 
 March, 1729. The garrison was thereupon immediate- 
 ly reinforced by a detachment from the independent 
 companies ; which, together with the declared resolu- 
 tion of the Indians, to protect the fort, induced the 
 French to desist from the intended invasion.^ 
 
 * From that time, to the year 1754, this garrison was guarded only 
 hy a Heuteaant 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 1755, was extremely fortunate to our^ot 
 
 35 
 
274 
 
 History of New-YorJc. 
 
 Thus far our Indian affairs appeared to be under a 
 tolerable direction ; but these fair prospects were soon 
 obscured by the king's repealing, on the 11th of De- 
 cember, 1729, all the acts which Mr. Burnet, with so 
 much labour and opposition, procured for the prohibi- 
 tion of an execrable trade between Albany and Mont- 
 real. To v^hose intrigues this event is to be ascribed, 
 cannot be certainly dt termined. But that it was preg- 
 nant \^ ith the worst consequences, time has sufficiently 
 evinced* Nothing could more naturally tend to under- 
 mine the trade at Oswego, to advance the French com- 
 merce at iNiagara, to alienate the Indians from their 
 fidelity to Great Britain, and particularly to rivet the 
 defection of the Caghnuagas. For these, residing on 
 the south side of St. Lawrence, nearly opposite to Mont- 
 real, 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 all the attention bestowed on this affair in the late 
 administration, the objections against this trading inter- 
 course 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. 
 Tliis trade, indeed, was subject to duties ; but that at 
 Oswego always was, and still is exposed to the same 
 
 onies ; the French being then determiopd and prepared to possess them- 
 selves of that post. Besides the vessels launched there, to secure the 
 command of the lake, the general, before he returned to ^vhiter quar- 
 ters, erected two strong square forts, with bastions, commanding as ^vell 
 the entrnuce into the Onondaga river, as the old fort ; in the situation 
 of which little regard was had to any thing besides the pleasantness of 
 tjie prospect* 
 
History of New- York. 
 
 275 
 
 incumbrance ; while the French trade, in the interval 
 between the years 1744 and 1750, was perfec tly free : 
 and as the duty, by the law then made, is laid only on 
 goods sold in the city and couuty of Albany, the trader, 
 to elude the act, is only exposed to the trouble of 
 transportin;^ his merchandise beyond the scant district 
 of the city ascertained in the charter. But how much 
 soever our inattention to this matter may deserve cen- 
 sure, I cannot, in justice to my countrymen, help ob- 
 serving, that from the severest scrutiny I could make, 
 our people are free from the charge of selling aminu- 
 nition to the French, which has so unjustly exposed the 
 inhabitants of Albany to the odium of all the colonies 
 in New England.^ 
 
 The year 1731 was distinguished only by the com- 
 plete settlement of the disputed boundary between this 
 province and the colony of Connecticut. An event, con- 
 sidering the late colonizing spirit and extensive claims 
 of the people of New-England, of no small importance, 
 and concerning which it may be proper to give a suc- 
 cinct account. 
 
 The partition line agreed upon, in 1664, being con- 
 sidered as fraudulent, or erroneous ; a second agree- 
 ment, suspended only for the king's and the duke's ap- 
 probation, was concluded, on the 23d of November, 
 1683, between colonel Dongan and his council, and 
 Robert Trent, esq. then governour of Connecticut, and 
 several other commissioners appointed by that colony. 
 
 * Ever since the year 1729, the sale of arms and ammunition to the 
 French has been exempt both from duties and a prohibition ; which I 
 attribute to the confidence of the government that the calumny is en- 
 tirely groundless. 
 
276 
 
 History oj New-York. 
 
 The line of partition then agreed to be established, was 
 to begin at the mouth of Byram brook, " where itfalleth 
 into the sound, at a point called Lyon's point, to go as 
 the said river runneth, to the place where the common 
 road, or wading place, over the said river is ; and from 
 the said road or wading place, to go north northwest 
 into the country, as far as will be eight English miles 
 from the foresaid Ly on's point ; and that a line of twelve 
 miles, being measured from the said Lyon's point, ac- 
 cording to the line or general course of the sound east- 
 ward : where the said twelve miles endeth, another line 
 shall be run from the sound, eight miles into the coun- 
 try north northwest, and also, that a fourth line be run 
 (that is to say) from the northermost end of the eight 
 miles line, being the third mentioned line, which fourth 
 line with the first mentioned line, shall be the boundfe 
 where they shall fall to run ; and that from the easter- 
 most end of the fourth mentioned line (which is to be 
 twelve miles in length) a line parallel to Hudson's 
 river, in every place twenty miles distant from Hudson's 
 river, shall be the bounds there, between the said terri- 
 tories or province of New-York, and the said colony of 
 Connecticut, so far as Connecticut colony doth extend 
 northwards ; that is, to the south line of the Massachu- 
 setts colony : only it is provided, that in case tlie line 
 from Byram brook's mouth, north northwest eight miles 
 and the line, that is then to run twelve miles to the end 
 of the third forementioned line of eight miles, do dimin- 
 ish or take away land, within twenty miles of Hudson's 
 river, that then so much as is in land diminished of twen- 
 ty miles of Hudson's river thereby, shall be added out 
 of Connecticut bounds unto the line aforementioned, 
 parallel to Hudson's river and twenty miles distant fron? 
 
History of New-York. 
 
 27T 
 
 it ; the addition to be made the whole length of the 
 said parallel line, and in such breadth, as will make up, 
 quantity for quantity, what shall be diminished as afore- 
 said." 
 
 Pursuant to this agreement some of the lines were ac- 
 tually run out, and a report made of the survey, which, 
 on the 24th of February, 1684, was confirmed by the 
 governour of each colony, at Milford, in Connecticut. 
 Here the matter rested, till a dispute arose concerning 
 the right of jurisdiction over the towns of Rye and Bed- 
 ford, which occasioned a solicitation at home ; and on 
 the 28th of March, 1700, king William was pleased to 
 confirm the agreement in 1683. 
 
 Nineteen years afterwards, a probationary act was 
 passed, empowering the governour to appoint commis- 
 sioners, as w^ell to run the line parallel to Hudson's ri- 
 ver, as to resurvey the other lines and distinguish the 
 boundary. The Connecticut agent opposed the king's 
 confirmation of this act, viribus ; but it was approv- 
 ed on the 23d of January, 1723. Two years after, 
 the commissioners and surveyors of both colonies met 
 at Greenwich, and entered first into an agreement re- 
 lating to the method of performing the work. 
 
 The survey was immediately after executed in part, 
 the report being dated on the 12th of May, 1725 ; but 
 the complete settlement was not made till the 14th of 
 May, 1731, when indentures, certifying the execution 
 of the agreement in 1725, were mutually signed by the 
 commissioners and surveyors of both colonies. Upon 
 the establishment of this partition, a tract of land lying 
 on the Connecticut side, consisting of above 60,000 acres, 
 from its figure called the oblong, was ceded to INew^ 
 
278 
 
 History of New- York. 
 
 York, as an equivalent for lands near the sound surren'- 
 dered to Connecticut.^ 
 
 The very day after the surrender, made by that col- 
 ony, a patent passed in London to sir Joseph Eylesand 
 others, intended to convey the whole oblong. A grant 
 posterior to the other was also regularly made here, to 
 Hauley and company, of the greatest part of the same 
 tract, which the British patentees brought a bill in chan- 
 cery to repeal. But the defendants filed an answer, con- 
 taining so many objections against the English patent, 
 that the suit remains still uoprosecuted, and the Ame- 
 rican proprietors have ever since held the possession. 
 Mr. Harison, of the council, solicited this controversy 
 for sir .Joseph Eyles and his partners, which contributed, 
 in a great degree, to the troubles, so remarkable, in a 
 succeeding administration. 
 
 Governour Montgomerie died on the 1st of July, 
 1731 ; and being a man of a kind and humane disposi- 
 tion, his death was not a little lamented. The chief com- 
 mand then devolved upon Rip Van Dam, esq. he being 
 the oldest counsellor, and an eminent merchant, of a fair 
 estate, though distinguished more for the integrity of 
 his heart, than his capacity to hold the reins of govern- 
 ment. He took the oaths before, 
 
 Mr. Alexander, Mr. De Lancey,t 
 
 Mr. Van Horne, Mr. Courtlandt. 
 
 Mr. Kennedy, 
 
 * See Douglas' late plan of the British dominions of New-England, 
 jf This gentleman, being a youth of fine parts, was called up to the 
 council board on the 26th of January, 1 729, just after his return from 
 the university . Mr. Morris, jun. was suspended on the same day, for 
 words dropped in a dispute relating to the governour's drafts upon the 
 revenirer. 
 
History oj New-Yorh 279 
 
 This administration is unfortunately signalized by the 
 ^memorable encroachment at Crownpoint. An enemy 
 despised at first for his weakness, generally grows for- 
 midable for his activity and craft. This observation is 
 true, applied to private persons, religious sects, or pub- 
 lick states. The French, in Canada, have always been 
 jealous of the increasing strength of our colonies ; and 
 a motive of fear led them, naturally, to concert a regu- 
 lar system of conduct for their defence. Confining us 
 to scant limits along the sea coast, is the grand object 
 they have long had in view ; and seizing the important 
 passes from Canada to Louisaiiia, secUicing our Indian 
 allies, engrossing the trade, and falifying the routes 
 into their country, were all proper expedients towards 
 the execution of their plan. By erecting fort St. Fred- 
 erick, they secured the absolute command of lake Cham- 
 plain, through which we must pass, if ever a descent be 
 made upon Canada, either to C(mquer the country, or 
 harrass its out settlements. The garrison was, at first, 
 situated on the east side of the lake, near the south end ; 
 but was afterwards built upon a commodious point on 
 the oppo>ite side. Of all their infractions of the treaty 
 of Utrecht, none was more palpable than this. The 
 country belonged to the Six Nations, and the very spot, 
 upon which the fort stands, is included within a patent 
 to Dellius, the Dutch minister, of Albany, granted under 
 the great seal of this province in 1696. Besides, nothing 
 could be more evident than the danger to Vi^hich it ex- 
 posed us. Through this lake the French parties made 
 their ancient bloody incursions upon Schenectady, the 
 Mohawks' castles, and Deerfield ; and the erection of 
 this fort was apparently adapted to facilitate the inroads 
 of the enemy, upon the frontiers of the colonies of 
 
280 
 
 History of Nerv- York. 
 
 New- York, Massachusetts Bay, and New-Hampshire* 
 For it served not only as an asylum to fly to after the 
 perpetration of their inhumanities, but for a magazine 
 of provisions and ammunition ; and though it was much 
 above 120 miles from the very city of Albany, yet by 
 the conveyance through Sorel river and the lake, it may 
 be reinforced from Montreal in three or four days/^ 
 
 The Massachusetts government foresaw the dangerous 
 consequences of the French fort at Crownpoint, and 
 governour Belcher gave us the first information of it, 
 in a letter from Boston to Mr. Van Dam. He inform* 
 edhim of the vote of the general court, to bear their 
 proportion of the charge of an embassage to Canada, to 
 forbid the works, and pressed him to engage the oppo- 
 sition of the Six Nations. Van Dam laid the letter be- 
 fore his council, on the 4th of February, 1732 ; who, 
 with singular calmness, advised him to write to the com- 
 missioners of Indian affairs, at Albany, ordering them 
 to enquire whether the land belonged to the confede- 
 rates or the River Indians. That Mr. Van Dam ever 
 wrote to the commissioners, I have not been able to dis- 
 cover ; nor whether any complaint of the encroachment 
 was sent home, according to the second advice of coun- 
 cil on the 11th o£Februaj:y ; who, besides the first step. 
 
 * The present fort at Crownpoiut is said to be a square with four 
 bastions, and a high castle Avithin the walls. It has no ditch, but is 
 strengthened by a redoubt, and mounts six and thirty small cannon. 
 While the colony forces, consisting of about four thousand militia, lay 
 at lake George, employed in erecting fort William Henry, in 1755, 
 the French threw up an advanced work at Ticonderoga, near the 
 northeast end of lake George ; an important pass^ about sixteen mile? 
 to the southward of fort Frederick. 
 
History of Nerv-lTork. 
 
 28i 
 
 were now pleased to recommend liis transmitting go- 
 vernour Belcher's letter and the Boston vote to the se-^ 
 veral southwestern colonies. 
 
 The passiveness we discovered, on this impudent and 
 dangerous invasion of his majesty's rights, is truly- 
 astonishing ; and the more so, as the crown had, at that 
 time, four independent companies, which had long been 
 posted here for our protection, at the annual expense 
 of about 7500/. sterling. A very good scheme^ in some 
 measure, to repair this shameful misconduct, was after- 
 wards projected, by settling the lands near lake George, 
 with loyal protestant Highlanders from Scotland. Cap- 
 tain Laughlin Campbel, encouraged by a proclamation 
 . to that purpose, came over in 1737, and ample promises 
 were made to him. He went upon the land, viewed and 
 approved it ; and was entreated to settle there, even by 
 the Indians, who were taken with his Highland dress, 
 Mr. Clarke, the lieutenant governour, promised him, in 
 a printed advertisement, the grant of 30,000 acres of 
 land, free from all but the charges of the survey and 
 the king's quitrent. Confiding on the faith of the go- 
 vernment, captain Campbel went home to Isla, sold his 
 estate, and, shortly after, transported, at his own ex- 
 pense, eighty-three protestant families, consisting of 
 four hundred and twenty-three adults, besides a great 
 number of children. Private faith and publick ho- 
 nour loudly demanded the fair execution of a pro- 
 jectj so expensive to the undertaker and beneficial 
 to the colony. But it unfortunately dropped, through 
 the sordid views of some persons in power, who aimed 
 at a share in the intended grant ; to which Campbel^ 
 who was a man of spirit, would not consent. 
 
 Captain Campbel, afterwards, made an attempt to 
 tedress himself, by an application to the assembly h«r©^ 
 
 36 
 
History of New-Torh 
 
 and then to the board of trade in England. The first 
 proved abortive, and such were the difficulties attending 
 the last, that he left his colonists to themselves ; and, 
 with the poor remains of his broken fortune, purchased 
 a small farm in this province. JNo man was better qualifi- 
 ed than he, for the business he had engaged in. He had a 
 high sense of honour and a good understanding : was 
 active, loyal, and of a military disposition. For, upon 
 the news of the late rebellion in Scotland, he went 
 home; fought under the duke, retmned to his family, 
 and soon after died ; leaving a widow and several ciiil- 
 dren, w ho still feel the consequences of his disappoint- 
 ments. 
 
 Mr. Van Dam finished his administration, on the 1 st of 
 August, 1732 ; when William Cosby, esq. arrived, with 
 a commission, to govern this and the province of JNew- 
 Jersey. The history of our publick transactions, from 
 this period, to the present time, is full of important and 
 entertaining events, which 1 leave others to relate. A 
 very near relation to the author had so great a concern 
 in the piiblick controversies with colonel Cosby, that 
 the history of those times will be better received from 
 a more disinterested pen. To suppress truth, on the 
 one hand, or exaggerate it, on the other, are both inex- 
 cusable faults, and perhaps it would be difficult for me 
 to avoid those extremes. Besides, a w riter, who exposes 
 the conduct of the living, will inevitably meet with their 
 fury and resentment. The prudent historian of his own 
 times will always be a coward, and never give fire, till 
 death protects him from the malice and stroke of his 
 enemy. 
 
HISTORY OF HEW-YORK, 
 
 PART VI. 
 
 CHAPTER L 
 A Geographical Description of the Comtry, 
 
 The province of New-York, at present, contains 
 Long Island, Staten Island, and the lands, on the east 
 side of Hudson's river, to the bounds of Connecticut. 
 From the division line between that colony and the 
 Massachusetts' Bay^ northward, to the line between us 
 and the French, we claim an extent to Connecticut ri- 
 ver.^ On the west side of Hudson's river from the sea 
 
 * The grounds of this claim are contained in the foUowinw; report of 
 a committee of council, to governour Clinton, on the 2d of March, 
 1753, which was drawn up by Mr. Alexander^ 
 " May it please your excellency, 
 
 " In obedience to your excellency's order, in council, of the 3d day 
 of July last, referring to a committee thereof the petitions of Konert 
 Livingston, jun. esq. and of the owners of a certain tract of land call- 
 ed Westenhook, complaining of new claims anfl encroachments made 
 upon their lands by the inhabitants of Massachusetts Bay, and also 
 the surveyor generafs and the attorney general's reports on the said 
 two petitions : the committee having maturely weighed and consi- 
 dered of the same, humbly beg leave to report to your excellency : 
 
 1st, That they apprehend the claims of Massachusetts Bay to 
 ih^e manor of Livingston, or the said tract of land, Cdiled W estenhookj 
 
^84 
 
 History oj New-York. 
 
 to the latitude of 4r lies New-Jersey. The line of par-^ 
 tition between that province and this, from that latitude 
 
 cannot be well founded ; because they find that the Dutch claimed 
 the colony of New-Netherland, as extending from cape Cod to cape 
 Cornelius, now called cape llenlopen, westward of Delaware bay, 
 along the sea coast, as far back into the country as any of the rivers 
 within those limits extend ; and that they were actually possessed of 
 Connecticut river, long before any other European people knew any 
 thing of the existence of such a river, and were not only possessed of 
 the mouth of it, where they had a fort and garrison, but discovered the 
 river above an hundred miles up, had their people trading there, and 
 purchased of th« natives almost all the lands on both sides of the said 
 river, 
 
 " 2dly, That governour Stuyvesant, the Dutch governour of the 
 said province, by his letter, dated the 2d of September, 1664, new 
 style, in answer to a letter from governour Richard ISicolls, of the 
 August preceding, demanding the surrender of all the forts and places 
 of strength possessed by the Dutch under his (governour Stuyvesant's) 
 command, writes as follows : — " Moreover it's without dispute, and 
 acknowledged by all the world, that our predecessors, by virtue of 
 the commission and patent of the said lords the States General, have, 
 without controul, and peaceablj'^ (the contrary never coming to our 
 knowledge) enjoyed fort Orange about forty -eight or fifty years ; and 
 Manhattans about forty-one or forty-two years ; the south river forty 
 years, and the fresh river about thirty-six years." Which last men- 
 tioned river the committee find to be the same that is now called 
 Connecticut river, 
 
 " 3dly, That the said Dutch governour Stuyvesant did, in the year- 
 1664, surrender all the country, which the Dutch did then possess, to 
 king Charles the second, and that the States General made a cession 
 thereof, by the treaty of Breda, in the year lt367 : that the Dutch re- 
 conquered part of this province in 1673, and surrendered and abso- 
 lutely yielded it to king Charles the second, in 1673-4, by the treaty 
 of London ; and that in the year 1674, king Charles granted to the 
 duke of York all the land between Connecticut river and Delaware 
 bay; the whole of these lands being part of the former colony ofNew» 
 Netherland. 
 
History of New-York. 
 
 285 
 
 1o the other station on Delaware, is unsettled. From 
 thence, wheresoever it may be fixed, we claim all the 
 
 " 4th, That the fluke of York, in his several commissions to major 
 Edmund Aridross, on the 1 st of July, 1 674, and to governour Dongan, 
 on the 30th of September, 1 682, among other descriptions of the boun- 
 daries of this province, mentions all the lands from the west side of 
 Connecticut river to the east «ide of Delaware bay : that their majes- 
 ties, king William and queen Mary, by their commission, bearing date 
 the fourth day of January, in the first year of their majesties' reign, 
 appointed Henry Sloughter to be governour of the province of New- 
 York, and territories depending thereon ; the boundaries whereof, to 
 Connecticut river, on the east, were notorious, by the grant and other 
 commissions aforesaid, and many other grants and commissions relat- 
 ing to the same. 
 
 " 5th, That the committee apprehend Connecticut river continued 
 the east bounds of this province, until the 28th of March, 1700, when, 
 b}^ king William's confirmation of an agreement between this province 
 and Connecticut, the western bounds of that colony were settled at 
 twenty miles from Hudson's river : and they cannot find any other al- 
 teration in the eastern bounds of this province, and have no reason to 
 believe any other was made before, or since, that time. 
 
 6th, That king James the first, by letters patent, bearing date 
 the 3d of November, in the 18th year of his reign, granted unto the 
 council of Plymouth, from forty to forty-eight degrees of north lati- 
 tude inclusive; in which there is a recital to this purpose : " Now for as 
 much as the king has been certainly given to understand, by divers 
 good subjects, that have, for these many years, frequented those coasts 
 and territories, between the degrees of 40 and 48, that there are no 
 ^ther subjects of any Christian king or state, or by any authority 
 from their sovereigns, lords, or princes, actually in possession of any 
 of the said lands or precincts, whereby any right, claim, interest, or 
 title, may or ought, by that means, to accrue or belong to them," &c. 
 And also a proviso in these words, " Provided always, that the said 
 lands, islands, or any of the premises, by the said letters patent in- 
 tended or meant to be granted, were not then actually possessed or in- 
 habited by any other Christian power or state." Which patent, the 
 committee conceive, could not vest any thing in the grantees, by 
 
286 
 
 llistory of New-Yorh 
 
 lands, on the east side of Delaware, to the north line of 
 Pennsylvania ; and all the territory, on both sides of 
 
 re^ison of the said recital and condition upon which it was granted ; 
 part of the premises being then actually possessed by the Dutch, and 
 most of the said colony of New-Netherland being within the bounds 
 thereof. 
 
 " 7th, That the council of Plymouth, by their deed, dated the 19th 
 of March, in the third year of king Charles the first, granted to sir 
 Henry Rosswell and others, part of what was supposed to be granted 
 by the said letters patent, which grant, from the said council of PJy- 
 moulh, the committee take to be void, as founded upon the said void 
 patent. 
 
 "^Sth That he, the said sir Henry Rosswell, and others, obtained a 
 grant and confirmation thereof, from the crown, under the great seal 
 of England, dated the 4th of March, in the fourth year of king Charles 
 the first, within which grant and confirmation, the province of Massa- 
 chusetts Bay is included ; which grant and confirmation was adjudg- 
 ed voi<l in the high court of chancery of England, in the year 1684. 
 And the committee are of opinion, that nothing, to the westward of 
 Connecticut river, could pass by that grant and confirmation ; for that 
 his majesty could not have had an intention to grant the same, it be- 
 ing then possessed by the Dutch, as before mentioned. 
 
 " 9th, That the committee conceive the inhabitants of Massachu- 
 setts Bay can claim nothing at present, but what is granted them by 
 their last charter, in 1691 ; all their other grants and charters being 
 either void of themselves, or declared so in the chancery of England* 
 
 " 10th, That the bounds, granted by this charter, are westward as 
 far as the colonies of Rhode Island, Connecticut, and the Narraganset 
 country : which words being in the case of a grant from the crown, 
 the committee conceive, cannot extend their bounds farther than to 
 Connecticut colony, and therefore not to Connecticut river, and much 
 less to the westward of it ; because Connecticut itself, at the time of 
 that chj^rter, did not, in the knowledge of the crown, extend west- 
 ward of that river; nor did till nine years after, when, by the royal 
 approbation, the agreement between this province and that colony 
 taking place, (which was not to be in force till such approbation) the 
 bounds of that colony were settled as is before mentioned : and th« 
 
History of Ne/v-YorJc. 
 
 287 
 
 the Mohawks river, and westward to the isthmus at Ni- 
 agara : in a word, all the country belonging to th6 
 
 committee conceive it to be against reason, to suppose that the crown 
 intended, by the said charter, to grant any part of the province of 
 New- York, under the then immediate government of the crown, with- 
 out express mention thereof in the charter ; and without notification 
 thereof to Henry Sloughter, then governour of this province, that the 
 crovvn had granted such a part of what was before within his jurisdic- 
 tion, by their majesties' commission aforesaid to him. 
 
 " 11th, That both the patents, under which the petitioners claim, 
 the committee find were granted under the great seal of this province ; 
 that of the manor of Livingston, in 1686, and that of Westenhook, in 
 1735. And that the lands contained in the said grants are, the com- 
 mittee apprehend, within the jurisdiction of this province, they being 
 both west of Connecticut river. 
 
 " 12th, That the committee are of opinion, the attempts of the inha- 
 bitants of Massachusetts Bay, to make encroachments upon any 
 lands, granted by letters patent, under the great seal of New-York, or 
 upon any lands within the jurisdiction of this province, are disre- 
 spectful to his majesty's authority, tend to the disturbance of the sub- 
 jects of this province, and may be the cause ol great mischiefs and 
 disorders. 
 
 "13th, That the steps taken by the said inhabitants, even were 
 the bounds of this province doubtful and unsettled, are intrusions, and 
 disrespectful to his majesty's authority. 
 
 " And, lastly, The committee are of opinion, that a copy of so 
 much of this report, as shall be approved of by your excellency and the 
 council, be transmitted to the lieutenant governour of the province of 
 Massachusetts Bay, requesting that he would take effectual measures 
 that all encroachments a^d disturbances, by the people of that colony 
 on his majesty's subjects of this province, be stayed ; and that he 
 would lay this matter before the next general court, that they may 
 inform your excellency by what warrant they claim or exercise any 
 light to soil or jurisdiction, westward of Connecticut river ; that the 
 same may be considered, and such steps taken towards removing all 
 ^uses of encroachments, or difelurbances, for the future, as may 
 
288 
 
 History of New-York. 
 
 crown of Great Britain, not already granted ; for we are 
 to consider New-York, among iier sister colonies, to 
 borrow a law plirase, as a residuary legatee. 
 
 Hence we have, from the beginning, been exposed to 
 controversies about limits. The New-Jersey claim in- 
 cludes several hundred thousand acres, and has not a 
 little impeded the settlement of the colony. The dis- 
 pute with the Massachusetts' Bay is still more important 
 and, for several years past, occasioned very considera- 
 ble commotions. The New-Hampshire pretensions have, 
 as yet, exposed us to no great trouble. But when all 
 those claims are settled, a new controversy will pro- 
 bably commence with the proprietaries of Pennsylva- 
 nia. 
 
 This province was, in 1691, divided, by an act of as- 
 sembly, into twelve counties, which I shall describe in 
 their order. 
 
 CITY AND COUNTY OF NEW-YORK. 
 
 The city of New- York, at first, included only the 
 island, called, by the Indians, Manhattans. Manning's 
 
 agreeable to equity and justice : to the end, that good understanding 
 may be preserved, which ought to subsist between fellow subjeetg 
 Und neighbouring provinces. 
 
 All which is nevertheless humbly submitted. 
 " By order of the committee, 
 
 " James De Lancey, Chairman." 
 The government of Massachusetts Bay never exhibited the reasons 
 of their claim, in answer to this report, but continued their encroach- 
 ments : and, in the spring, 1755, surveyed and sold lands, lying seve- 
 ral miles west of the eastern extent of the manor of Livingston and 
 the patent of Claverack- 
 
History of JServ-York, 
 
 289 
 
 inland, the two Barn islands and the three oyster islands 
 were iii the county. But the limits of the city have since 
 been augmented by charter. The island is very narrow, 
 not a mile wide at a medium, and about fourteen miles 
 in length. The southwest point projects into a fine spa- 
 cious bay, nine miles long and about four in breadth ; 
 at the confluence of the waters of Hudson's river, and 
 the streight between Long Island and the northern 
 shore. The narrows, at tlje south end of the bay, is 
 scarce two miles wide, and opens the ocean to full vieWo 
 The passage up to New- York from Sandy Hook, a point 
 that extends farthest into the sea, is safe, and not above 
 five and twenty miles in length. The common naviga- 
 tion is between the east and west banks, in two or three 
 and twenty feet water. But it is said that an eighty gun 
 ship may be brouglit up, through a narrow, winding, 
 unfrequented channel, between the north end of the 
 east bank and Coney island. 
 
 The city has, in reality, no nati^^al bason or harbour^ 
 The ships lie ofl" in the road, on the east side of the 
 town, w^hich is docked out, and better built than the 
 west side, because the freshets in Hudson's river, fill it, 
 in some winters, w ith ice. 
 
 The city of New- York, as I have elsewhere had occa« 
 sion to mention, " consists of about two thousand five 
 hundred buildings. It is a mile in length, and not above 
 half that in breadth. Such is its figure, its centre of busi- 
 ness, and the situation of the houses, that the mean cart- 
 age from one part to anotfier, does not exceed above 
 one quarter of a mile, than which riothing 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, 
 
 37 
 
290 
 
 History of New-York. 
 
 but the rest is situated on a dry, elevated soil. The 
 streets are irregular, but, being paved ^^ith round peb- 
 bles, are clean, and lined with well built brick houses, 
 many of which are covered with tiled roofs. 
 
 No part of America is supplied with markets abound- 
 ing with greater plenty and variety. We have heef, 
 pork, mutton, poultry, butter, wild fowl, venison, fish, 
 roots, and herbs, of all kin is, in their seasons. Our oys- 
 ters are a considerable article in the support of the poon 
 Their beds are within view of the town ; a fleet of two 
 hundred small craft, are often seen there, at a time, when 
 the weather, is mild in winter ; and this single article 
 is computed to be worth annually 10 or 12,000/. 
 
 T his city is the metropolis and grand mart of the pro- 
 vince, and, by its commodious situation, commands al- 
 so all the trade of the western part of Connecticut, and 
 that of East Jersey. " JNo se;^son prevents our ships 
 from launching out into the ocean. During tlie great- 
 est severity of winter, an equal, unrestrained activity 
 runs through all ranks, orders, and employments." 
 
 Upon the southwest point of the city stands the fort, 
 which is a square with four bastions. Within the walls 
 is the house in wtiii h our governours usually re^^ide ; 
 and opposite to it brick barracks, built, formerly, for 
 the independent companies. The governour's house 
 is in height three stories, and fronts to the w^est ; hav- 
 ing, from the second story, a fine prospect of the bay 
 and the Jersey shore. At the south end thv re was for- 
 merly a chapel, but this was burnt down in the negro 
 conspiracy, of the spring, 1741. According to gover- 
 nour Burnet's observations, this fort stands in tlie lati- 
 tude of 40^ 42' N. 
 
History of Nen^-Yorlc. 
 
 291 
 
 Pel'^w \hr^ walls of the garrison, near the water, we 
 have lat ly raised a line of f )rtiiications, which coni- 
 m inds the entrance into the eastern road and the mouth 
 of Hudson's river. This battery is built of stone, and 
 the merlons consist of cedar joists, filled in with earth. 
 It mounts ninety two cannon, and these are all the 
 works we have to defend us. About six furlongs, 
 sr»ntheast of the f)rt, lies Notten island, containing 
 about one hundred or one hundred and twenty acres, re- 
 served, by an act of assembly, as a sort of demense for 
 the s;overnours, upon which it is proposed to erect a 
 stmng castle, because an enemy might from thence ea- 
 sily bombard the city, withi>ut being annoyed either by 
 our battery, or the fort. During the late war a line of 
 palisadoes was run from Hudson's to the East river, at 
 the otiier end of the city, with bhick houses at small 
 distances. The greater part of these still re fiain as a 
 monu nent of our folly, which cost the province about 
 800J/. 
 
 The inhabitants of New-York are a mixed people, 
 but inostly descended from the original Dutch planters. 
 There are still two churches, in which religious wor- 
 ship is performed 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 extensive area, and was 
 completed in 1729. It has no galleries, and yet will 
 perhaps contain a thousand or twelve hundred auditors. 
 Tiie st eeple of this church affords a most beautiful pro- 
 spect, both of the city ben ath and the surrounding 
 country. The Dutch congregation is more nuiuerous 
 than any other, but as the language becoines disused, 
 it is much diminished ; aiid unless they change their 
 
292 
 
 Historif.oJ New-York. 
 
 worship into the English tongue, must soon suffer a to- 
 tal dissipation. They have a1 present two niinisters : 
 the reverend messieurs Ritzma and De Ronde, who are 
 both strict Calvinists. Their church was incorporated 
 on the 11th of May, 1696, by the name of the minister, 
 elders, and deacons, of the reformed protestant Dutch 
 church of the city of New-York, and its estate, after 
 the expiration of sundry long leases, will be worth a 
 very great income/^' 
 
 All the Low Dutch congregations, in this and the pro- 
 vince of New-Jersey, worship after the manner of the 
 reformed church in the United Provinces. With re- 
 spect to government, they are in principle presbyteri- 
 ans; but yet hold themselves in subordination to the clas- 
 sis of Amsterdam, who sometimes permit, and at other 
 times refuse, them the powers of ordination. Some of 
 their ministers consider such a subjection as anti consti- 
 tutional, and hence, in several of their late annual con- 
 ventions, at New-York, called the Coetus, some debates 
 have arisen among them ; the majority being inclined 
 to erect a classis, or ecclesiastical judicatory, here, for 
 the government of their churches. Those of their min- 
 isters, who are natives of 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 con- 
 siderable ; and with what consequences, the interrup- 
 tion of their correspondence w ith the European Dutch, 
 "would be attended, in c^se of a war, well deserves their 
 eonsideration. 
 
 * Their charter was confirmecl by a late act of assembly, ratified by 
 his majesty, whidi recites the viiith article of the surrender, in 
 
History of New- York. 
 
 293 
 
 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 ce- 
 metery, on each side, inclosed in the front by a painted 
 paled fence. J3efore it a long walk is railed off from 
 the Broad way, the pleasantest street of any in the 
 whole town. This building is about one hundred and 
 forty-eight feet long, including the tower and chancel, 
 and seventy-two feet in breadth. The steeple is one 
 hundred and seventy-five feet in height, and over the 
 door facing the river is the following inscription : 
 PER ANGUSTAM. 
 
 " Hoc Trinitatis Templum fundatum est Anno Reg- 
 ni illustrissirni, supremi Domini Guliebni tertii, Dei 
 Gratia, Angliae, Scotiae, Francise et Hiberniae Regis, 
 Fidei Defensoris, &c. Octavo, Annoq. Domini 1696. 
 
 " Ac voluntaria quorundam contributione ac Donis 
 ^dificatum, maxime autem, dilecti Regis Chiliarchae 
 Benjamini Fletcher, hujus provincise strateeci et Im- 
 peratoris, Munificentia animatum et auctum, cujus tem- 
 pore moderaminis, hujus Civitatis incolae, Religionem 
 protestantem Ecclesiae Anglicana^, ut secundum Le- 
 gem nunc stabilitae profitentes, quodam Diplomate, sub 
 Sigillo ProvincicC incorporati sunt, atque alias plurimas, 
 ex Re sua familiari, Donationes notabiles eidem de- 
 dit." 
 
 The church is, within, ornamented beyond any other 
 place of publick worship among us. The head of the 
 chancel is adorned with an altarpiece, and opposite to 
 it, at the other end of the building, is the organ. The 
 tops of tne pillars, which support the galleries, are deck- 
 
294 
 
 History of New-YorJc. 
 
 ed with Ihe busts of ano;els va ino;ed. From the ceil- 
 ing are susj^ended two glass branches, and on the walls 
 hang the ariTis of some of its principal benefactors. The 
 aisles are paved with flat stones. 
 
 The present rector of this church is the rev. Mr.Hen- 
 ry Barclay, formerly a missionary among the Mohawks, 
 who receives 100/. a year, levied upon all the other 
 clergy and laity in the city, by virtue of an act of as- 
 
 mbly procured by governour Fletcher. He is assibted 
 by Dr. Johnson and Mr. Auchmuty. 
 
 This congregation, partly by the arrival of strangers 
 from Europe, but principally by proselytes from the 
 D^tch churches, is become so numerous, that though 
 the old Tuiiding will contain two thousand hearers, vet 
 a new one was erected in 1752. This, called St. 
 George's chapel^ is a very great edifice, faced with hewn 
 stone and tiled. The steeple is lofty ,t but irregular ; 
 and its situation in a new, crouded, and ill built part 
 of the town. 
 
 The rector, churchwardens, and vestrymen of Trinity 
 church, are incoiporated by an act of assembly, which 
 grants the two last the advowson or right of presenta- 
 tion ; but enacts, that the rector shall be instituled and 
 inducted in a manner most agreeable to the king's in- 
 structions to the governour, and the canonical right of 
 the bishop of London. Their worsliip is conducted af- 
 ter the mode of the church of England ; and with re- 
 spect to government, they are euipowered to make rules 
 and orders for themselves, being, if I may use the ex- 
 pression, an independent ecclesiastical corporation. 
 
 * The Ieno;th, exclusive of the chancel, nioety-two feet, and its 
 breadth twenty feet less. 
 
 t One huftdred and seventy-five feet. 
 
History of New-York. 
 
 295 
 
 'l^he revenue of this church is restricted, by an a *tof 
 assembl; , to 500/. per annum ; but it is possessed of a 
 real estate, at the north end of Ihe town, which, having 
 been lately div ided into lots and lei to farm, will, in a 
 few^ years, produce a much i^reater incoiue. 
 
 The presbyterians, increasing after lord Cornbury^s 
 return to En<>land, called Mr. Anderson, a Scotch fiiin- 
 ister, to the pastoral charge of their congregation ; and 
 Dr. John Nicol, Patrick Mac Night, Gilbert Livingston 
 and Thomas Smith, purchased a piece of ground and 
 founded a church, in 1719. Two years afterwards they 
 petitioned colonel Schuyler, who had then the chief 
 command, for a charter of incorporation, to secure tl;eir 
 estate for religious worship, upon the plan of the chun li 
 in North Britain ; but were disappointed in their expec- 
 tations, through the opposition of the episcopal party. 
 Tliey, shortly after, renewed their request to governour 
 Burnet, who referred the petition to his council. The 
 episcopalians again violently opposed the grant, and the 
 governour, in 1724, wrote upon the subject to the lordis 
 of trade for their direction. Counsellor West, who was 
 then consulted, gave his opinion in these words : " Upon 
 consideration of the several acts of uniformity that have 
 passed in Great Britain, I am of opinion that they do 
 not extend to New- York, and consequently an act of 
 toleration is of no use in that province ; and, therefore, 
 as there is no provincial act for uniformity, 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^ 20 August, 
 1724/' 
 
 After several years solicitation for a charter, in vain^ 
 and fearful that those who obstructed such a reasonaole 
 
296 
 
 History of New-York. 
 
 request, would watch an opportunity to give them a 
 more efTectual wound ; those, among the presbyterians, 
 who were invested with the fee simple of the church and 
 ground, " conveyed it, on the 16th of March, 1730, to 
 the moderator of the general assembly of the church of 
 Scotland and the commission thereof, (he moderator of 
 the presbytery of Edinburgh, the principal of the col- 
 lege of Edinburgh, the professor of divinity therein, and 
 the procurator and agent of the church of Scotland, for 
 the time being, and their successqrs in office, as a com- 
 mittee of the general assembly." On the 15th of August, 
 1732, the church of Scotland, by an instrument under 
 the seal of the general assembly, and signed by Mn 
 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 
 procurator for the church of Scotland, for the time be- 
 ing ; pursuant to an act of the general assembly, dated 
 the 8th of May, 1731, did declare, " that notwithstand- 
 ing the aforesaid right made to them and their succes- 
 sors in office, they were desirous, that the afore- 
 said building and edifice and appurtenances there- 
 of, be preserved for the pious and religious purposes 
 for which the same were designed ; and that it should 
 be free and lawful to, the presbyterians then resid- 
 ing, or that should at any time, thereafter, be resi- 
 dent, in, or near, the aforesaid city of New- York, in 
 America, or others joining with them, to convene, 
 in the foresaid church, for the w^orship of God m 
 
History of New- York. 
 
 297 
 
 all the parts thereof, and for the dispensation of all gos- 
 pel 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 appurtenances at their own charge." 
 
 Mr. Anderson was succeeded, in April, 1727, by the 
 rev. Mr. Ebenezer Pemberton, a man of polite breed- 
 ing, pure morals, and warm devotion ; under whose in- 
 cessant labours the congregation greatly increased, and 
 was enabled to erect the present edifice in 1748. It is 
 built of stone, railed off from the street, is eighty feet 
 long and in breadth sixty. The steeple, raised on the 
 south west end, is in height one hundred and forty-five 
 feet. In the front to the street, between two long win- 
 dows, is the following inscription gilt and cut in a black 
 slate six feet in length. 
 
 Auspicante Deo 
 Hanc eedem 
 Cultui divino sacram 
 In perpetuum 
 celebrando, 
 A. D. MDCCXIX. 
 Primo fundatam ; 
 Denuo penitus reparatam 
 et 
 
 Ampliorem et ornatiorem 
 A. D. MDCCXLVIII 
 Constructam, 
 Neo-Eboracenses presbyteriani 
 In suum et suorum usum 
 Condentes^ 
 38 
 
298 
 
 History of New-Yorlc. 
 
 In hac voti' a tabula 
 D D D Q. 
 
 -51^ ^ 
 
 Concordia, amore 
 Necnon fidei cultus et morum 
 Puritate 
 Suffulta, clariusq. exornata, 
 
 Annuente Chiisto, 
 Longum perduret in 2evum. 
 
 Mr. Alexander Gumming, a young gentleman of 
 learning and singular penetrrjtion, was chosen coUeai^ue 
 to Mr. Pemberton, in 1750 : but both were dismissed, 
 at their request, about three years afterwards ; the for- 
 mer through indisposition, and the latter on account of 
 trifling contentions, kindled by the bigotry and igno- 
 rance of the lower sort of people. These debates con-^ 
 tinned till they were closed, in April, 1756, by a deci- 
 sion of the synod, to which almost all our presbyterian 
 churches, in tliis and the southern provinces, are sub- 
 ject. The congregation consists, at present, of twelve 
 or fourteen hundred souls, under the pastoral charge of 
 the reverend Mr. David Bostwick, who was lately trans- 
 lated from .lamaica to New-York, by a synodical de- 
 cree. He is a gentleman of a mild, catholick disposi- 
 tion ; and being a man of piety, prudence and zeal, 
 confines himself entirely to the proper business of his 
 function. In the art of preaching he is one of the most 
 distinguislied clergymen in these parts. His discourses 
 are methodical, sound, and pathetick ; in sentimei^t, and 
 in poiiit of diction, singularly ornamented. He deli- 
 vers himself without notes, and yet with great ease and 
 fluency of expression ; and performs every part of di- 
 fine worship with a striking solemnity* 
 
History oj New-York. 
 
 299 
 
 The French church, by the contentions in 1724, and 
 the disuse of the lan«;uage, is now reduced to an incon- 
 siderable handful. The building, which is of stone, 
 is nearly a square,'^ plain both within and without. It is 
 fenced from the street, has a steeple and a bell, the lat- 
 ter of which was the gift of sir Henry Ashurst, of Lon- 
 don. On the front of the church is the following in- 
 scription : 
 
 iEDES SACRA 
 GALLOR. PROT. 
 REFORM. 
 FViNDA. 1704. 
 
 PENITVS 
 REPAR. 1741. 
 
 The present minister, Mr. Carle, is a native of 
 France, and succeeded Mr. Rou in 1754. He bears aa 
 irreproachable character, is very intent upon his studies, 
 preaches moderate Calvinism, and speaks with proprie- 
 ty, both of pronunciation and gesture. 
 
 The German Lutheran churches are two. Both their 
 places of worship are small : one of them has. a cupola 
 and bell. 
 
 The Quakers have a meetinghouse, ^nd the Mora* 
 vians, a new sect among us, a church, consisting princi- 
 pally of female proselytes from other societies. Their 
 service is in the English tongue. 
 
 The Anabaptists assemble at a small meetinghouse, 
 but have as yet no regular settled congregation. The 
 Jews, who are not inconsiderable for their numbers, 
 worship in a synagogue, erected in a very private part 
 of the town, plain without, but very neat within. 
 
 * The area is seveaty feet long, and in breadth fifty. 
 
300 
 
 History of New-York. 
 
 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 cellar underneath is a dungeon, and 
 the garret above a common prison. This edifice is 
 erected in a place where four streets meet, and fronts, 
 to the southwest, 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 or- 
 dinarily held. 
 
 The library consists of a thousand volumes, which 
 were bequeathed to the society for the propagation of 
 the Gospel in foreign parts, by Dr. Millington, rector of 
 JNewington. Mr. Humphry s, the society's secretary, in 
 a letter of the 23d of September, 1 728, informed gover- 
 nour Montgomerie, that the society intended to place 
 these books in New- York, intending to establish a li- 
 brary, for the use of the clergy and gentlemen of this 
 and the neighbouring governments of Connecticut, New- 
 Jersey, and Penns} Ivania, upon giving security to re- 
 turn (hem ; and desired the governour to recommend 
 it to the assembly, to provide a place to deposit the 
 "books, and to concur ia an act for the preservation of 
 them and others that mio;ht be added. Governour 
 IVlontgomerie sent the letter to the assembly, who or- 
 dered it to be laid before the city corporation, and the 
 latter, in June, 1729, agreed to provide a proper reposi- 
 tory for ti.e books, which were accordingly soon after 
 
History of New-York. 
 
 301 
 
 sent over. The greatest part of them are upon llieolo- 
 gical subjects, and, through the carelessness of the keep- 
 ers, many are missing. 
 
 In 1754, a set of gentlemen undertook to carry about 
 a subscription towards raising a publick library, and in 
 a few days collected near 600/. which were laid out in 
 purchasing about seven hundred volumes of new, well 
 chosen books. Every subscril^er, upon payment of 51. 
 principal, and the annual sum of lOs. is entitled to the 
 use of these books. His right, by the articles, is assign- 
 able, and for non compliance with them may be forfeit- 
 ed. The care of this library is committed to twelve 
 trustees, annually elected by the subscribers, on the 
 last Tuesday of April, who are restricted from making 
 any rules repugnant to the fundamental subscription. 
 This is the beginning of a library, which, in pro- 
 cess of time will probably become vastly rich and vo- 
 luminous ; and it would be very proper for the compa- 
 ny to have a charter for its security and encourage- 
 ment. The books are deposited in the same room with 
 those given by the society. 
 
 Besides the city, hall, there belong to the corporation, 
 a large almshouse or place of correction, and the ex- 
 change, in the latter of which there is a large room rais- 
 ed upon brick arches, generally used for publick enter- 
 tainments, concerts of musick, balls and assemblies. 
 
 Though the city was put under the governmcDt 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 governour Montgo- 
 nierie on the 15th of January, 1730. 
 
 It is divided into seven wards, and is under the go- 
 vernment of a mayor, recordei% seven aldermen, and as 
 
302 
 
 History of New-York. 
 
 many assistants or common councilmen. The mayor^ 
 a sherifl* and coroner, are annually appointed by the 
 governour. The recorder has a patent during pleasure. 
 The aldermen, assistants, assessors and collectors, are 
 annually elected by the freemen and freeholders of the 
 respeclive wards. The mayor has the sole appoint- 
 ment of a deputy, and, together with four aldermen, 
 may app dnt a cliamberlain. The mayor, or recorder, 
 four aldermen, and as many assistants, form " The com- 
 mon council of the city of New- York f and this body, 
 by a majority of voices, hath power to make bye laws 
 for the government of the city, which are binding only 
 for a year, unless confirmed by the governour and coun- 
 cil. They have many other privileges relating to fer- 
 riages, markets, fairs, the assize of bread, wine, &c. and 
 the licensing and regulation of tavern keepers, cartage, 
 and the like. The mayor, his deputy, the recorder and 
 aldermen, are constituted justices of the peace ; and 
 may hold not only a court of record once a week, to 
 take cognizance of all civil causes, but also a court of 
 general quarter sessions of the peace. They have a 
 common clerk, commissioned by the governour, who en- 
 joys an appointment worth about four or five hundred 
 pounds per annum. The annual revenue of the corpo- 
 ration is near two thousand pounds. The standing mi- 
 litia of the island consists of about twenty -three hun- 
 dred men,^ and the city has in reserve, a tliousand stand 
 of arms for seamen, the poor and others, in case of an 
 invasion. 
 
 * The whole uuniber of the inhabitants, exclusive of femaks above 
 sixty, accordiiio^ to a list returned to the governour, in the springs 
 1756, amounted to 10,468 whUes, and 2,275 negroes; but that ac- 
 count is erroneous. It is most probable that there are in the ciij 
 15,000 souls. 
 
History of New- York. 
 
 303 
 
 The north eastern part of New- York island, is inlia- 
 bited, principally, by Dutch farmers, who have a small 
 village there called Haerlem, pleasantly situated on a 
 flat cultivated for the city markets. 
 
 WESTCHESTER. 
 
 This county is large, and includes all the land be- 
 yond the island of Manhattans, along the sound, to the 
 Connecticut line which is its eastern boundary. It ex- 
 tends northward to the middle of the highlands, arid 
 westward to Hudson's river. A great part of this c^ )un- 
 ty 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 as- 
 sembly. The county is tolerably settled. The lands 
 are in general rough but fertile, and therefore the far- 
 mers run principally on grazing. It has several towns, 
 East-Chester, West-Chester, New-Rochelle, Rye, Bed- 
 ford, and North-Castle. The inhabitants are either Eng- 
 lish or Dutch presbyterians, episcopalians, quakers and 
 French protestants. The former are the most nume- 
 rous. The two episcopal missionaries are settled at Rye 
 and East-Chester, and receive each 60/. annually taxed 
 upon the county. The town of West-Chester is an in- 
 corporated borough, enjoying a mayor's court, and the 
 right of being represented by a member in assembly. 
 
 DUTCHESS. 
 This county adjoins to "West-Chester, which bounds 
 it on the south, the Connecticut line on the east,^Hud- 
 
 * In describing the limits of the several counties, I regard their 
 bounds according to the jarisdictioQ as now exercised in each, rather 
 
304 
 
 History of New-York. 
 
 son's river on the west, and the county of Albany on 
 the north. The souih part of this county is mountain- 
 ous and fit only for iron works, but the rest contains a 
 great quantity of good upland well watered. The oidy 
 villages in it are Poughkeepsie and the Fish Kill, though 
 they scarce deserve the name. The inhabitants on the 
 banks of the river are Dutch, but those more easterly. 
 Englishmen, and, for the most part, emigrants from 
 Connecticut and Long Island. There is no episcopal 
 church in it. The growth of this county has been very 
 sudden, and commenced but a few years ago. Within 
 the memory of persons now living, it did not contain 
 above twelve families; and, according to the late re- 
 turns of the militia, it will furnish, at present, above 
 two thousand five hundred fighting men. 
 
 ALBANY. 
 
 This county extends from the south bounds of the 
 manor of Livingston, on the east side, and Ulster, on 
 the west side of Hudson's river : on the north its limits 
 are not yet ascertained. It contains a vast Cjuantity oJ^ 
 fine low land. Its principal connnodities are wheat, 
 peas, and pine boards. 
 
 The city of Albany, which is near one hundred and 
 fifty miles from New- York, is situated on the west side 
 of the river. There our governours usually treat with 
 the Indians dependent upon the British crown. The 
 houses are built of brick, in the Dutch taste, and are in 
 number about three hundred and fifty. There are two 
 
 than the laws relating to them, which are very imperfect, especially 
 the general act, in 1691. The greatest part of Hudson's river is not 
 included in any of our counties- 
 
Histojy of New-York. 
 
 305 
 
 churches in it. Tliat of the episcopalians, the only one 
 in this large county, is a stone building. The congre- 
 gation is but small, almost all the inhabitants resorting 
 to the Dutch cliurch, which is a plain, square, stone 
 edifice. Besides these, they have no other publick 
 buildings, except the city hall and the fort ; the latter 
 of which is a stone square, with four bastions, situated 
 on an eminence which overlooks the town, but is itself 
 commanded by higher ground. The greatest part of 
 the city is fortified only by palisadoes, and in some 
 places there are small cannon planted in blockhouses. 
 Albany was incorporated, by colonel Dongan, in 1686, 
 and is under the government of a mayor, recorder, six 
 aldermen, and as many assistants. It has also a sheriff 
 town clerk, chamberlain, clerk of the markets, one 
 high constable, three sub-constables, and a marshaL 
 The corporation is empowered besides, to hold a ma- 
 yor's court for the trial of civil causes, and a court of 
 general quarter sessions. 
 
 Sixteen or eighteen miles northwest from Albany 
 lies Schenectady, on the banks of the Mohawks' river, 
 which falls into Hudson's river twelve miles to the 
 north of Albany. This village is compact and regular, 
 built principally of brick, on a rich flat of low land, sur- 
 rounded with hills. It has a large Dutch church, with 
 a steeple and town clock, near the centre. The wind- 
 ings of the river through the town, and the fields (which 
 are often overflowed in the spring) form, about harvest, 
 a most beautiful prospect. The lands, in the vale of 
 Schenectady, are so fertile that they are commonly 
 sold at 45/. per acre. Though the farmers use no kind 
 of manure they till the fields every year, and they al- 
 ways produce lull crops of wheat or pea*. Their 
 
 39 
 
History of New-York. 
 
 church was incorporated by governour Cosby, and tb^ 
 town has the privilege of sending a member to the as- 
 sembly. 
 
 From this village our Indian traders set out in bat* 
 toes for Oswego. The Mohawks' river, from hence to 
 fort Hunter, abounds with rifts and shoals, which, in the 
 spring, give but little obstruction to the navigation* 
 r rom thence to its head, or rather to the portage into 
 the Wood creek, the conveyance is easy and the cur- 
 rer t less rapid. The banks of this river are, in general, 
 low, and the soil exceeding good. Our settlements, on 
 the north side, extend to Burnef s field, a flat inhabited 
 by Germans, which produces wheat and peas in surpris- 
 ing plenty* On the south side, except a few Scotch 
 Irish in Cherry Valley at the head of Susquehanna, we 
 have but few farms west of the three German towns on 
 Schoharie, a small creek which emptie s itself into the Mo- 
 hawks' river, about twenty miles west of Schenectady. 
 1 he fur trade at Oswego, is one of the principal advan- 
 tages of this county. The Indians resort thither in May, 
 and the trade continues till the latter end of July. A 
 good road might be made from Schenectady to Oswego.^ 
 In the summer seventeen hundred and fifty-five, fat cat- 
 tle were easily driven there for the army under the 
 command of general Shirley. 
 
 1 he principal settlements to the northward of Albany 
 are Connestigiune, eastward of Schenectady, on the Mo- 
 hawks' river, which a little low^er tumbles down a pre- 
 cipice of about seventy feet high, called the Cahoes. 
 The surprise, which, as one might imagine, would na- 
 turally be excited by the view of so great a cataract, is 
 IDUch diminished by the height of the banks of the ri- 
 ver ; besides, the fall is as uniform as a njiil dam, being 
 uninterrupted by the projection of rucks. 
 
History of New-York. 307' 
 
 At Sca^htahook, on the east side of the north branch 
 of Hudson's river, there are a few farms, but many more 
 sev ral miles to the eastward, and about twenty-five miles 
 from Albany, in th|, patent of Hosick. These were all 
 broke up by an irruption of French and Indians, who, 
 on the 28th of August, 1754, killed and scalped two 
 persons, and set fire to the houses and barns. 
 
 About forty miles to the northward of Albany, on 
 the west side of the river, lies Saratoga, a fine tract of 
 low land, from which several families were driven by 
 the French Indians, in the late war. A project of pur- 
 chasing these lands from the proprietors, settling them 
 with Indians, raising a fort there and cultivating the 
 soil for them, has been often talked of since captain 
 Campbel's disappointment, as a proper expedient to 
 curb the scalping parties sent out from Crownpoint, 
 
 In the southern part of the county of Albany, on 
 both sides of Hudson's river, the settlements are very 
 scattered, except within twelve miles of the city, when 
 the banks become low and accessible. The islands 
 here, which are many, contain perhaps the finest soil in 
 the world. 
 
 There are two manors in the county, Renslaerw^ck 
 and Livingston, which have each the privilege of sending 
 a member to tlie assembly. The tenants of these man- 
 ors, and of the patents of Claverack, have free farms at 
 the annual rent of a tenth of the produce, which has as 
 yet been neither exacted nor paid. At Ancram, in the 
 manor of Livingston, is an iron furnace, about fourteen 
 miles from the river. Its best and most improved lands 
 lie at Tachanic, in the eastern parts, which have of late 
 been much disturbed by the inroads of the Massachu- 
 setts' Bay, on this and the patents of Westenhook and 
 Claverack* 
 
308 
 
 History of New-YorL 
 
 The winters in this county are commonly severe, and 
 Hudson's river freezes so hard a hundred miles to the 
 southward of Albany, as to bear sleds loaded with great 
 burdtns. Much snow is very ser^ceable to the far- 
 mers here, not only in protecting their grain from the 
 frost, but in facilitating the transportation of their 
 boards and other produce, to the banks of the river, 
 against the ensuing spring. 
 
 ULSTER. 
 
 This county joins to that of Albany, on the west side 
 of Hudson's river. Its northern extent is fixed at Saw- 
 yer's rill : the rivers Delaware and Hudson bound it 
 east and west, and a west line from the mouth of Mur- 
 derer's creek is its southern limit. 
 
 The inhabitants are Dutch, French, English, Scotch, 
 and Irish, but the first and the last are most numerous. 
 The episcopalians in this county are so inconsiderable, 
 that their church is only a mean loghouse. The most 
 considerable town is Kingston, situated about two miles 
 from Hudson's river. It contains about one hundred 
 and fifty houses, mostly of stone, is regularly laid out 
 on a dry level spot, and has a large stone church and 
 court house near the centre. It is thought to resemble 
 Schenectady, but far exceeds it in its elevation : on the 
 north side of the town, the Esopus kill winds through 
 rich and beautiful l^wns. The people of Ulster, hav- 
 ing long enjoyed an undisturbed tranquility, are some 
 of the most opulent farmers in the whole colony. 
 
 This county is most noted for fine flour, beer, and a 
 good breed of drauglit horses. At the commencement 
 of the range of the Apalachian hills, about ten miles 
 from Hudson's river, is an inexhaustible quarry of mill--. 
 
History of Nerv-Torh 
 
 stones,- which far exceed those from Colen, in Europe, 
 formerly imported here, and sold at 80/. a pair. The 
 Marbletown millstones cost not a fourth part of that 
 sum. This and the counties of Dutchess and Orange 
 abfjund Avith limestone, and on the banks of Hudson's 
 river are f >und great bodies of blue slate. » 
 
 The principal villages, besides Kingston, are Mar- 
 bletown, Hurley, Rochester ,New-Paltz, and the Wall- 
 kill, each of which is surrounded with fine tracts of low 
 land. The militia of Ulster is about fifteen or sixteen 
 hundred men and a company of horse. 
 
 ORANGE 
 
 County is divided by a range of mountains, stretch- 
 ing westward from Hudson's river, called the Highlands* 
 On the north side the lands are very broken, but fertile,, 
 and inhabited by Scotch, Irish, and English presbyte- 
 rians. The society's missionary in Ulster preaches 
 here sometimes to a small congregation of the episco- 
 pal persuasion, which is the only one in the county. 
 Their villages are Goshen, Bethlehem and Little Bri- 
 tain, all remarkable for producing, in general, the best 
 butter made in the colony. The people on the south 
 side of the mountains are all Dutch : and Orangetown, 
 more commonly called by the Indian name, Tappan, is 
 a small, but very pleasant inland village, with a stone 
 court house and church. The militia consists of about 
 thirteen hundred fighting men. 
 
 Tliis county joins to the province of New- Jersey on 
 the south ; and the non settlement of the partition line 
 has been the greatest obstruction to its growth. 
 
 There is a very valuable tract, called the drowned 
 lauds, on the north side of the mountains, containing 
 
31& 
 
 History of NeW'YorTc. 
 
 al^oiit forty or fifty thousand acres. The waters, which 
 descend from the surrounding hills, being but slowly 
 discharged by the river issuing out of it, cover these 
 vast meadows every winter ; and hence they become 
 extremely fertile. The fires kindled up in the woodsj 
 by the deer hunters in autumn, are communicated by 
 the leaves to these meadows, before the waters rise 
 above the channel of the river, and a dreadful devour- 
 ing conflagration overruns it, consuming the herbage, 
 for several days. The WallkiJl river, which runs 
 through this extensive, amphibious tract, if 1 may use 
 the expression, is, in the spring, stored with eels of un- 
 common size and plenty, very useful to the farmers re- 
 siding on its banks. The river is about two chains in 
 breadth, where it leaves the drowned lands, and has a 
 considerable fall. The bottom of it is a broken rock ; 
 and I am infortned by Mr. Clinton, a gentleman of inge- 
 nuity and a mathematical turn, that the channel might, 
 for less than 2,000/. be sufficiently deepened to draw 
 oflf all the water from the meadows. Some parts near* 
 the banks of the upland, have been already redeemed 
 from the floods. These spots are very fertile, and pro^ 
 duce English s^rass, hemp, and Indian corn. 
 
 The mountains, in the county of Orange, are clothed 
 thick with timber, and abound with iron ore, ponds, and 
 fine streams for iron works. Goshen is well supplied 
 with white cedar, and in some parts of the w^oods is 
 found great plenty of black walnut. 
 
 Before I proceed to the description of the southern 
 counties, I beg leave to say a few words concerning 
 Hudson's river. 
 
 Its source has not, as yet, been discovered. We 
 know, in general, that it is in the mountainous, uninhab- 
 
History of New-York* 
 
 311 
 
 ited country, between the lakes Ontario and Cbamplain, 
 In its course southward it approaches the Mohawks' ri- 
 ver within a few miles at Saucondauga. From thence it 
 runs north and northeasterly towards lake St. Sacra- 
 ment, now called lake George, and is not above eight 
 or ten miles distant from it. The course then to INew- 
 York is very uniform, being in the main south 12 or 
 15*^ west. 
 
 The distance from Albany to lake George is comput- 
 ed at sixty-five miles. The river in that interval is na- 
 vigable only for battoes, and interrupted by rifts, which 
 occasion two portages of half a mile each."^ There are 
 three routes from Crownpoint to Hudson's river in the 
 way to Albany ; one through lake George, another 
 through a branch of lake Champlain, bearing a southern 
 course, and terminating in a bason, several miles east 
 of lake George, called the South bay. The third is by 
 ascending the Wood creek, a shallow stream about one 
 hundred feet broad, which, coming from the southeast, 
 empties itself into the south branch of the lake Cliam- 
 plain. 
 
 The place, where these routes meet, on the banks of 
 Hudson's river, is called the carrying place. Here fort 
 Lyman, since called fort Edward, is built ; but fort 
 Vt illiam Henry, a much stronger garrison, was erected 
 at the south end of lake George, after the repulse of the 
 French forces under the command of baron Dieskau, on 
 the 8th of September, 1755. General Shirley thought 
 it more advisable to strengthen fort Edward in the con- 
 currence of three routes, than to erect the otiier at lake 
 GeorgC;, seventeen miles to the northward of it ; and 
 
 * In the passas^e from Albany to fort Edward^ the whole land car- 
 riage is about twelve or ihirieew miles. 
 
312 
 
 History of New-York. 
 
 wrote a very pressing letter upon that head to sir Wil- 
 liam Johnson, who then commanded the provincial 
 troops. 
 
 The banks of Hudson's river are, for the most part, 
 rocky cliffs, especially on the western shore. The pas- 
 sage through the highlands affords a wild romantick 
 scene, for sixteen miles, through steep and lofty moun- 
 tains. The tide flows a few miles above Albany. The 
 navigation is safe, and performed in sloops of ab(iut 
 forty or fifty tons burden, extremely well accommodat- 
 ed to the river. About sixty miles above the city of 
 New-York the water is fresh, and in wet seasons much 
 lower. The river is stored with a variety of fish, which 
 renders a summer's passage to Albany, exceedingly di- 
 verting to such as are fond of angling. 
 
 The advantages of this river for penetrating into Can- 
 ada, and protecting the southern coloni s from the ir- 
 ruptions of the French, by securing the command of 
 the lakes, and cutting off the communication between 
 the French settlements on St. Lawrence and the Mis- 
 sisippi, though but lately attended to, must be very ap- 
 parent to every judicious observer of the maps of the 
 inland part of North America. 
 
 The French, as appears from the intended invasion, 
 in 1689, have long eyed the English possession of this 
 province with jealousy ; and it becomes us to fall upon 
 every method for its protection and defence. 
 
 The singular conveniency of Hudson's river to this 
 province, in particular, w as so fully shewn in one of the 
 late papers, published in 1753, under the title of the In- 
 dependent Reflector, that I cannot help reprinting the 
 passage relating to it. 
 
History of New- York. 
 
 3li 
 
 " High roads, which, in most trading countries, are 
 extremely expensive, and awake a continual attention 
 for tlieir reparation, demand, from us, comparatively 
 speaking, scarce any publick notice at alL Ttie whole 
 province is contained in two narrow oblongs, extending 
 from the city east and north, having water carriage from 
 the extremity of one, and from the distance of one hun- 
 dred and sixty miles of the other ; and, by the most ac- 
 curate calculation, has not, at a medium, above twelve 
 miles of land carriage, throughout its whole extent. 
 This is one of the strongest motives to the settlement of 
 a new country, as it affords the easiest and most speedy 
 conveyance from the remotest distances, and at the low- 
 est expense. The effects of tliis advantage are greater 
 than we usually observe, and are therefore not sutii- 
 ciently admired. 
 
 " The province of Pennsylvania, has a fine soil, and, 
 through the importation of Germans, abounds with in-^ 
 habitants ; but being a vast inland country, its produce 
 must, of consequence, be brought to a market over a 
 great extent of ground, and all by land carriage. Hence 
 it is, that Philadelphia is crouded with waggons, carts, 
 horses, and their drivers : a stranger, at his first entrance, 
 would imagine it to be a place of traffick, beyond any one 
 town in the colonies ; while at New- York, in particular, 
 to which the produce of the country is all brought by 
 water, there is more business, at least, business of profit^y 
 though with less show and appearance. Not a boat in 
 our river is navigated with more than two or three men 
 at most ; and these are perpetually coming in from, and 
 returning to, all parts of the adjacent country, in the 
 same emph/yments that fill the city of Philadelphia 
 with some hundreds of men, who, in respect to the pnh^ 
 
 40 
 
ai4 
 
 History of Nerv-YorL 
 
 lick advantage, may justly be said to be labarioiisJy idle : 
 for, let any one nicely compute the expense of a wag- 
 gon, with its tackling ; the time of two men in attend- 
 ing it ; their maintenance ; four horses and the charge 
 of their provender, on a jom^ney of one, though they of- 
 ten come, two hundred miles ; and he will find these 
 several particulars amount to a sum far from being in- 
 considerable. All this time the J\ew-York farmer is in 
 the course of his proper business, and the unincumbered 
 acquisitions of his calling ; for, at a medium, ttiere is 
 scarce a farmer in the province, that cannot transport 
 the fruits of a year's labour, from the best farm, in three 
 days, at a proper season, to souje convenient landing, 
 where the market will be to his satisfaction, and all the 
 wants from the merchant, cheaply supplied : besides 
 which, one boat shall steal into the harbour of iNew- 
 York, with a lading of more burden and value, than 
 forty waggons, one hundred and sixty horses, and eigh- 
 ty men, into Philadelphia ; and perhaps with less noise, 
 bluster, or show than one. 
 
 Prodigious is the advantage we have in this article 
 alone, I shall not enter into an abstruse cdculation, to 
 evince the exact value of it, in all tlie lights in which it 
 may be considered ; thus much is certain, that barely 
 on account of our easy carriage, the profits of farming, 
 with us, exceed those in Pennsylvania, at least by thirty^ 
 per cent, and that difference, in favour of our farmers, . 
 is of itself sufficient to enrich them ; while the others 
 find the disadvantage they are exposed to, so heavy, (es- 
 pecially the remote inhabitants of their country) that a 
 bare subsistence is all they can reasonably hope to ob« 
 tain. Take this province throughout, the expense of 
 tjansporting a bushel of wheat, is but two pence, for the 
 
Bisiory of New-TOrk. 315 
 
 distance of one hundred miles ; but the same quantity 
 at the like distance in Pennsylvania, will always exceed 
 ns one shilling at least. The proportion between us, in 
 the conveyance of every thing else, is nearly the same. 
 How great, then, are the incumbrances to w^hich they 
 are exposed ! what an immense charge is saved to us i 
 how sensible must the embarrassments, they are subject 
 to, be to a trading people 
 
 RICHMOND 
 
 County consists of Staten Island, which lies nine miles 
 southwestw ard from the city of New- York. It is about 
 eighteen miles long, and at a medium six or seven in 
 breadth. On the south side is a considerable tract of 
 good level land, but the island is, in general, rough, and 
 the hills high. The inhabitaiits are principally Dutch 
 and French. The former have a church, but the latter, 
 having been long w^ithout a minister, resort to an epis-- 
 copal church in Richmond town, a poor mean village 
 and the only one on the island. The parson of the pa- 
 rish receives 40/. per annum^ raised by a tax upon the 
 county. 
 
 Southward of the main coast of this and the colony 
 of Connecticut, lies Long Island, called, by the Indians, 
 Matovvacs, and named, according to an act of assembly 
 in king William's reign, Nassau. Its length is comput- 
 ed at one hundred and twenty miles, and the mean 
 breadth twelve. The lands on the jiorth and south side 
 are good, but in the middle sandy and barren. The 
 southern shore is fortified against any invasion from the 
 sea by a beach inaccessible to ships, and rarely to be 
 approached, even by the smallest long boats, on account 
 of the surge, which breaks upon it with great fury, evens 
 
3ie 
 
 History of I^ew-York, 
 
 when the winds are light. The coast east and west ad- 
 mits of regular soundings far into the ocean, and as the 
 lands are, in general, low for several hundred miles, 
 nothing can be more advantageous to our ships, than 
 the high lands of Neversink, near the entrance at the 
 Hook, which are scarce six miles in length, and often 
 seen thirty leagues from the sea. This island aflfords 
 the finest roads in America, it being very level and but 
 indifferently watered. It is divided into three coundes. 
 
 KING'S 
 
 County lies opposite to New- York, on the north 
 side of Long Island. The inhabitants are all Dutch, 
 and enjoying a good soil, near our markets, are, gene- 
 rally, in easy circumstances. The county, which is 
 very small, is settled in every part, and contains several 
 pleasant villages, viz. Bushwick, Brooklyn, Bedford, 
 Flatbush, Flatlands, New-Eutrecht, and Gravesend. 
 
 QUEEN^S 
 
 County is more extensive, and equally well settled. 
 The principal towns are Jamaica, Hempstead, Flushing, 
 Newtown and Oysterbay. Hempstead plain is a large, 
 level, dry, champaign heath, about sixteen miles long, 
 and six or seven wide, a comaion land belonging to 
 the towns of Oysterbay and Hempstead. The inhabi- 
 tants are divided into Dutch and English presbyterians, 
 episcopalians and quakers. 
 
 There are but two episcopal missionaries in this 
 county, one settled at Jamaica, and the other at Hemp- 
 stead : and each of them receives 60?. annually, levied 
 upon all the inhabitants. 
 
History of New- York: 317 
 SUFFOLK 
 
 Includes all the eastern part of Long Island, Shelter 
 Island, Fisher's Island, Plumb Island, and the Isle of 
 White. This large county has been long settled, and, 
 except one small episcopal congregation, consists en- 
 tirely of English presbyterians. Its principal towns are 
 Huntington, Smithtown, Brookhaven, Southampton, 
 Southhold, and Easthampton. The farmers are, for the 
 most part, graziers ; and, living very remote from New- 
 York, a great part of their produce is carried to mar- 
 kets in Boston and Rhode Island. The Indians, who 
 were formerly numerous on this island, are now be- 
 cO'Tie very inconsiderable. Those that remain, gene- 
 rally bind themselves servants to the English. The 
 whale fishery, on the south side of the island, has de- 
 clined of late years, through the scarcity of whales, and 
 is now almost entirely neglected. 
 
 The Elizabeth islands, Nantucket, Martin's Vine- 
 yard, &c. and Pemy Quid, which anciently formed 
 Duke's, and the county of Cornwal, are now^ under the 
 jurisdiction of Massachusetts Bay. Sir William Phips 
 demanded them of governour Fletcher, in February, 
 1692-3, not long after the new charter to that pro- 
 vince : but the government here was then of opinion 
 that that colony was not entitled to any islands west- 
 ward of Nantucket. 
 
 An estimate of the comparative wealth of our coun- 
 ties may be formed from any of our assessments. In 
 10,000/. part of a 45,000/. tax, laid in 1755, the propor- 
 tions, settled by an act of assembly, stood thus : 
 New-York, jL3,332 0 0 
 
 Albany, 1,060 0 0 
 
 KingV, 484 0 0 
 
318 
 
 History of New- York. 
 
 Clueen's, 
 Suffolk, 
 
 1,000 0 0 
 860 0 0 
 304 0 0 
 
 1,000 0 0 
 860 0 0 
 800 0 0 
 300 0 0 
 
 Richinond, 
 Westchester, 
 
 Ulster, 
 
 Dutcbessv 
 
 Orange, 
 
 ilO,000 0 0 
 
 CHAPTER 11. 
 
 Of the Inhabitants. 
 
 This province is not so populous as some have ima- 
 gined. Scarce a third part of it is under cultivation^ 
 The colony of Connecticut, which is vastly inferiour to 
 this in its extent, contains, accordinsf to a late authen- 
 tick enquiry, above 1 33,000 inhabitants, and has a mi- 
 litia of 27,000 men ; but the militia of New-York, ac- 
 cording to the general estimate, does not exceed 18,000. 
 The whole number of souls is computed at 100,000. 
 
 Many have been the discouragements to the settle- 
 ment of this colony. The French and Indian irrup- 
 tions, to which we have always been exposed, have dri- 
 ven many families into New-Jersey. At home, the 
 British acts for the transportation of felons, have 
 brought all the American colonies into discredit with 
 the industrious and honest poor, both in the kingdoms 
 of Great Britain and Ireland. The mischievous tenden- 
 cy of those laws was shown in a late paper, which it 
 may not be improper to lay before the reader."^ 
 
 * The Independent Reflector. 
 
History oj New-Yorh 
 
 319 
 
 " It IS too well known that in pursuance of divers 
 acts of parliament, .^reat numbers of fellows who have 
 forfeited their liv es to the publick, for the most atrocious 
 cri?nes, are annually transported from home to these 
 plantations. Very surprising, one would think, that 
 thieves, burglars, pickpockets, and cut purses, and a 
 herd cf the most flagitious banditti upon earth, should 
 be sent as agreeable companions to us ! that the su* 
 preine legislature did intend a transportation to Ame- 
 rica, for a punishment of these villains, 1 veiily believe : 
 but so great is the mistake, that confident I am, they are 
 thereby, on the contrary, highly rewarded. For what, 
 in God's name, can be more agreeable to a penurious 
 wretch, driven, through necessity, to seek a livelihood 
 by breaking of houst s, and robbing upon the king's 
 highway, than to be saved from the halter, redeemed 
 from the stench of a gaol, and transported, passage free, 
 into a country, where, being unknown, no man can re- 
 proach him with his crimes ; where labour is high, a lit- 
 tle of which will maintain him ; and where all his ex- 
 penses will be moderate and low. There is scarce a 
 thief in England that would not rather be transported 
 than hanged. Life in any condition, but that of extreme 
 misery, will be preferred to death. As long, therefore, 
 ^s there remains this wide door of escape, the number 
 of thieves and robbers at home, will perpetually multi- 
 ply and their depredations be incessantly reiterated. 
 
 " But the acts were iiitended for the better peopling 
 the colonies. And will thieves and murderers be con- 
 ducive to that end ? what advantage can we reap from 
 a colony of unrestrainable renegadoes ? vi ill they exalt 
 the glory of the crown ? or rather, will not the dignity 
 of the most illustrious monarch in the world, be sullied 
 
320 
 
 History of New- York. 
 
 by a province of subjec ts so lawless, detestable, and ig- 
 nominious ? can agriculture be promoted, when the wild 
 hoar of the forest breaks down our hedges and pulls up 
 our vines ? will trade tlourish, or m.anufactures be en- 
 couraged, where property is made the* spoil of such wiio 
 are too idle to work, and wicked enough to murder and 
 steal ? 
 
 " Besides, are we not subjects of the same king, with 
 the people of England ; members of the same body po- 
 litick, and therefore entitled to equal privileges with 
 them ? if so, how^ injurious does it seem to free one part 
 of the dominions from the plagues of mankind, and cast 
 them upon another / should a law be proposed to take 
 the poor of one parish, and billet them upon another, 
 would not all the world, but the parish to be relieved, 
 exclaim against such a project, as iniquitous and ab- 
 surd ? should the numberless villains of London and 
 Westminster be suffered to escape from their prisons, 
 to range at large and depredate any other part of the 
 kingdom, would not every man join w ith the sufferers, 
 and condemn the measure as hard and unreasonable ? 
 and though the hardsliips upon us, are indeed not equal 
 to those, yet the miseries that flow from laws, by no 
 means intended to prejudice us, are too heavy, not to 
 be felt. But the colonies must be peopled. Agreed : 
 and will the transportation acts ever have that tenden- 
 cy ? no, they work the contrary way, and counteract 
 their own design. We want people, 'tis true, but not 
 villains ready, at 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 inihicement, indeed, to the 
 honest poor, to convey themselves into a strange coun- 
 
History of New-York. 321 
 
 try. Admidst all our plenty, they will have enough to 
 exercise their virtues^ and staud in no need of the asso- 
 ciation 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, w ill live any where, and would be glad to be ex- 
 cused from so afflicting an antepart of the torments of 
 hell. In reality, sir, these very laws, though otherwise 
 designed, have turned out, in the end, the most effectual 
 expedients, that tlie art of man could have contrive i, to 
 prevent the settlement of these remote parts of the king's 
 dominions. They have actually taken away almost ev- 
 ery encouragement to so laudable a design. I appeal 
 to facts. The body of the Eno;lish are struck with ter- 
 rour at the thought of coming over to us, not because 
 they have a vast ocean to cross, or leave beliind them 
 their friends ; or that the country is new arid unculti- 
 vated : but from the shocking ideas, the mind must ne- 
 cessarily form of the company of inhuman savages, |ind 
 the more terrible herd of exiled malefactors* There 
 are thousands of hoiiest 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 be- 
 long ; who^ without any other qualifications than com- 
 mon sense, health, and strength, might accumulate 
 estates among us, as many have done already. These, 
 and not the others, are the men that should be sent over, 
 for the better peopling the plantations. Great Britain 
 and Ireland, in their present circumstances, are over- 
 stocked with them; and he who would immortalize 
 himself, for a lover of mankind, should concert a scheme 
 for the transportation of tlie industriously honest abroad 
 and the immediate punishment oi xogutt^ and piuiiUerert 
 
 41 
 
322 
 
 History of New-York* 
 
 at home. The pale faced, half clad, meagre, and starv- 
 ed skeletons, that are seen in every village of those 
 kingdoms, call loudly for the patriot's generous aidi 
 The plantations too would thank him for his assistance, 
 in obtaining the repeal of those laws, which, though 
 otherwise intended by the legislature, have so unha])pi- ^ 
 ly proved injurious to his own country, and ruinous to 
 us. It is not Jong sine e 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 tlieir coun- 
 try, should be compelled to labour the residue of their 
 days in its service. But the scheme was bad, and wisely 
 was the bill rejected by the lords, for this only reason, 
 that it had a natural tendency to discredit the king's 
 yards : the consequences of which must have been pre- 
 judicial 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 expedient 
 to the publick ; abrogating the transportation laws 
 must be equally necessary." 
 
 The bigotry and tyranny of some of our governours, 
 together with the great extent of their grants, may also 
 be consideied among the discouragements against the 
 full settlement of the province. Most of these gentle- 
 men, coming over with no other view than to raise their 
 own fortunes, issued extravagant patents, charged with 
 tsmall quit r ents, t o such as were able to serve them in 
 assembly : and these patentees, being generally men of 
 estates, have rated their lands so exorbitantly high, that 
 very few poor persons could eitiier purchase or lease 
 
History of New- York. 
 
 323 
 
 them. Add to all these, that the New-England plant- 
 ers have always been disaffected to the Dutch, nor was 
 there, after the surrender, any foreign accession froai 
 the Netherlands. The province being thus poorly in- 
 habited, the price of labour became so enorinously en- 
 hanced, that we have been constrained to import ne- 
 gr:)es from Africa, who are employed in all kinds of 
 servitude and trades. 
 
 Ejiglish is the most prevailing language among 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 thecouits 
 of law. 
 
 The manners of the people differ, as well as their 
 language. In Suffolk and Clueen's county, the first set- 
 tlers of which were either natives of England, or the 
 immediate descendants of such as began the plantations? 
 in the eastern colonies, their customs are similar to 
 those prevailing in the English counties, from whence 
 they originally sprang. In the city of New- York, 
 through our intercourse with Europeans, we follow the 
 London fashions ; though, by the time we adopt them, 
 they become disused in England. Our affluence, dur- 
 ing the late war, introduced a degree of luxury in ta- 
 bles, dress and furnitiu^e, with which we were before 
 unacquainted. But still we are not so gay a people as 
 our neighbours at Boston, and several of the southern 
 colonies. The Dutch counties, in some measure, follow 
 the example of New-York, but still retain many modes 
 peculiar to Hollanders. 
 
 The city of New- York consists principally of mer-, 
 ehants^ shopkeepers, and tradesmen, who sustain the 
 
324 
 
 History of New- York. 
 
 reputation of honest, punctual and fair dealers. With 
 respect to riches, there is not so great an inequality 
 among us, as is common in Boston, and some other 
 places. Every man of industry and integrity has it in 
 his power to live well, and many are the instances of 
 persons, who came here distressed by their poverty, 
 who now enjoy easy and plentiful fortunes. 
 
 New^-York is one of the most social places on the 
 continent. The men collect themselves into weekly 
 evening clubs. The ladies, in winter, are frequently 
 entertained either ^t concerts of musick or assemblies, 
 and make a very good appearance. They are comely, 
 and dress well ; and scarce any of them have distorted 
 shapes. Tinctured with a Dutch education, they ma- 
 nage their families with becoming parsimony, good pro- 
 vidence, and singular neatness. The practice of extra- 
 vagant gaming, common to the fashionable part of the 
 fair sex, in some places, is a vice with which my coun- 
 trywomen cannot justly be charged. There is nothing 
 they so generally neglect as reading, and, indeed, all 
 the arts for the improvement of the mind, in which, I 
 confess, we have set them the example. They are mo- 
 dest, temperate, and charitable ; naturally sprightly, 
 sensible, and good humoured ; and, by the help of a 
 more elevated education, would possess all the accom- 
 plishments desirable in the sex. Our schools are in the 
 lowest order ; the instructors want instruction, and 
 through a long, shameful neglect of all the arts and 
 sciences, our common speech is extremely corrupt; 
 and the evidences of a bad taste, both as to thought and 
 language, are visible in all our proceedings, publick 
 ^d private. 
 
Historj/ of New- York. 325 
 
 The people, both in town and country, are sober, in- 
 dustrious, and hospitable, though intent upon fiain. 
 The richer sort keep very plentiful tables, abounding 
 with great varieties of flesh, fish, fowl, and all kinds 
 of vegetables. The comiuon drinks are beer, cider, 
 weak punch, a id Madeira wine. >For desert, we have 
 fruits in vast plenty, of different kinds and various spe- 
 cies. 
 
 Gentlemen of estates rarely reside in the country, 
 and hence few or no experiments have yet been inade 
 in agriculture. The farms being large, our husband- 
 men, for that reason, have little recourse to art for ma- 
 nuring and improving their lands ; but it is said, that na- 
 ture has furnished us with sufficient helps, whenever 
 nicessity calls us to use them. It is iuuch owing to the 
 disproportion between the number of our inhabitants, 
 and the vast tracts remaining still to be settled, that we 
 have not, as yet, entered upon scarce any other manu- 
 factures, than such as are indispensably necessary for 
 our home convenience. Felt making, which is perhaps 
 the most natural of any we could fall upon, was begun 
 some years ago, and hats were exported to the West 
 Indies with great success, till lately prohibited by an 
 act of parliament. 
 
 The inhabitants of this colony are in general healthy 
 and robust, taller, but shorter lived, 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 teiupers 
 than the people of England, and hence instances of sui- 
 cide are here very uncommon. The history of our dis- 
 eases belongs to a profession with which I am very lit- 
 tle acquainted. Few physicians amongst us are emx- 
 
326 
 
 History of New- York. 
 
 nent for their skill. Quacks abound like locusts iu- 
 JEy;ypt, and too many have reconiniended themselves to 
 a full practice and profitable subsistence. This is the 
 less to be wondered at, as the profession is under no kind 
 of regulation. Loud as the call is, to our shame be it 
 remembered, we have no law to protect the lives of the 
 king's siibjeets, from the malpractice of pretenders. 
 Any man, at his pleasure, sets up for physician, apoth- 
 ecary, and chirurgeon. No candidates are either exam- 
 ined or licensed, or even sworn to fair practice.^ The 
 natural history of this province would of itself furnish 
 a small v(dume, and therefore I leave this also to sucli 
 as have capacity and leisure to make useful observations 
 in that curious and entertaining branch of natural phi- 
 losophy. 
 
 CHAPTER III. 
 
 Of our Trade. 
 
 The situation of New-York, with respect to foreign 
 markets, for reasons elsewhere assigned, is to be pre- 
 ferred to any of our colonies. It lies in the centre of 
 the British plantations on the continent, has at all times 
 a short, easy access to the ocean, and commands almost 
 the whole Irade of Connecticut and New-Jersey, two 
 fertile and well cultivated colonies. The projection of 
 cape Cod into the Atlantick, renders the navigation 
 from the former to Boston, at some seasons, extremely 
 
 * The necessity of regulating the practice of physic, and a plan for 
 that purpose, were strongly recommended by the author of the Inde- 
 pendent Reflector, in 1753, when the city of New- York alone boasted 
 the honour of having above forty gentlemen of that faculty. 
 
History of New-Yorlc, 
 
 327 
 
 perilous ; and sometimes the coasters are driven off^ 
 and compelled to winter in the West Indies. Out the 
 conveyance to New-York from the eastw^ard, through 
 the sound, is short, and unexposed to such dangers^ 
 iPiiiladelphii 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 un* 
 feasible project. New- York, all tilings considered, has 
 a much better situation, and, were it otherwise, the city 
 has become too ri( h 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....no/i vobis 
 meUiJicatis apes. The profits of our trade centre chief- 
 ly in Great Britain, and, for that reason, methinks, 
 among others, we ought always to receive the generous 
 aid and protection of our mother country. In our traf- 
 fick with other places, the balance is almost constantly 
 in our 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 eighty thousand barrels 
 per annum. To preserve the credit of this important 
 branch of our staple, we have a good law, appointing 
 officers to inspect and brand every cask before its ex- 
 portation. The returns are chiefly rum, sugar, and mo- 
 lasses, except cash from Curacoa, and when mules„ 
 from the Spanish main, are ordered to Jamaica, and 
 the Windward Islands, which are generally exchange 
 
328 
 
 History of New- York. 
 
 ed for their natural produce, for we receive but lit- 
 tle cash from our own islands. The balance against 
 them would be much more in our favour, if the in- 
 dulgence to our sugar colonies, did not enable them 
 to sell their produce at a higher rate than either the 
 Dutch or French islands. 
 
 The Spaniards commonly contract for provisions, 
 with merchants in this and the colony of Pennsylva- 
 nia, very much to the advantage both of the con- 
 tractors and the publick, because the returns are 
 wholly in cash. Our wheat, flour, Indian corn, and 
 lumber shipped to Lisbon and Madeira, balance the 
 Madeira wine imported here. 
 
 The logwood trade to the bay of Honduras is very 
 considerable, and was pushed by our merchants with 
 great boldness in the most dangerous times. The ex- 
 portation of flax seed to Ireland is of late very much 
 increased. Between the 9th of December 1755, and 
 the 23d of February following, we shipped off" twelve 
 th(^usand five hundred and twenty-eight hogsheads. In 
 return for this article, linens are imported and bills of 
 exchange drawn in favour of England, to pay for the 
 dry goods we purchase there. Our logwood is remit- 
 ted to the English merchants for the same purpose. 
 
 The fur trade, though very much impaired by the 
 French wiles and encroachments, ought not to be pass- 
 ed over in silence.^ The building of Oswego has con- 
 
 ^It is computed that former! 3^ we exported one hundred and fifty 
 hogsheads of beaver and other fine furs, per annum, and two hundred 
 hogsheads of Indian dressed deer skins, besides those carried from 
 Albany into New-England. Skins undressed are usually shipped to 
 Holland. 
 
History of New-York. 
 
 S29 
 
 duced, more than any thing else, to the preservation of 
 this trade. Peltry of all kinds is purchased with ru n, 
 aiiiniunition, b!a ikets, stroiids, and wampum, or conque 
 shell bugles. The French fur trade, at Albany, was 
 cairied on till the summer, 1755, by the Caghnuaga 
 proselytes ; and in return for their peltry, they receiv- 
 ed Spanish pieces of eigl.t, and some other articles 
 which the French want to complete their assortment of 
 Indian goods. For the savages prefer the English 
 strouds to theirs, and the French found it their interest 
 to purchase them of us, and transport them to the 
 western Indians on the lakes Erie, Huron, and at the 
 streight of Mi*?ilimakinac. 
 
 Our importation of dry goods from England is so 
 Vastly great, that we are obliged to betake ourselves to 
 all possible arts, to iniike remittances to the British mer- 
 chants. It is for this purpose we import cotton from St. 
 Thomas's and Surinam ; lime juice and Nicaragua wood 
 from Curacoa ; and logwood frojn the bay, &c. and yet 
 it drains us of all the silver and gold we can collect. 
 It is computed that the annual amount of the goods 
 purchased by this colony in Great Britain, is in value 
 not less than 100,000/. sterling ; and the sum would be 
 much greater if a stop was put to all clandestine trade. 
 England is, doubtless, entitled to all our superfluities ; 
 because our general interests are closely connected, and 
 her navy is our principal defence. On this account, the 
 trade with Hamburgh and Holland for duck, chequered 
 linen, oznabrigs, cordage, and tea, is certainly, upon t je 
 whole, impolitick and unreasonable ; how much soever 
 it may conduce to advance the interest of a few mer* 
 chants^ or this particular colony. 
 
 42 
 
Ii39 History oj Nerv-York. 
 
 By what measures this contraband trade may l^e ef- 
 feclually obstructed is hard to determine, though it vvell^ 
 deserves the attention of a British parliament. Increas- 
 ing the number of custom house officers, will be a re- 
 medy worse than the disease. Their salaries would be 
 an additional charge upon the publick ; for if we argue 
 frr>m their conduct, we ought not to presume upon their 
 fidelity. The exclusive right of the East India compa- 
 ny to import tea, while the colonies purchase it of fo- 
 reigners thirty per cent, cheaper, must be very prejudi- 
 cial to the nation. Our people, both in town and country, 
 are shamefully gone into the habit of tea drinking ; 
 and it is supposed we consume of this commodity in 
 value near 10,000/. sterling per annum. 
 
 Some are of opinion that the fishery of sturgeons, 
 which abound in Hudson's river, might be improved to 
 the great advantage of the colony ; and tiiat, if proper 
 measures were concerted, much profit w ould arise from 
 ship building and naval stores. It is certain we have 
 timber in vast pienty, oak, white and black pines, fir, 
 locust, red and white mulberry, and cedar ; and per- 
 haps there is no soil on the globe, fitter for the produc- 
 tion of hemp than the low lands in the county of Alba- 
 ny- To what I have already said concerning iron ore, 
 a necessary article, I shall add an extract from the In- 
 dependent Reflector. 
 
 " It is generally believed that this province abounds 
 with a variety of minerals. Of iron, in particular, 
 w^e have such plenty, as to be excelled by no country 
 in the world, of equal extent. It is a metal of intrhi- 
 sick value beyoiid any other, and preferable to tlie pur- 
 est gold. The former is converted into nu^xiberless 
 forms, for as many indispensable uses ; the latter, for 
 
lEstory of New-York. 
 
 331 
 
 Ks portableness and scarcity, is only fit for a mediutn of 
 trade : but iron is a brancli of it, and, I am persuaded, 
 wiii, one time or other, be one of the most valuable ar- 
 ticles of our commerce. Our annual exports to Bos- 
 ton, Rhode Island, and Connecticut, and, since the late 
 act of parliam.ent, to England, are far from being in- 
 considerable. The bodies of iron ore, in the northern 
 parts of this province, are so many, their quality so 
 good, and their situation so convenient, in respect of 
 wood, water, hearth stone, proper fluxes, and carriage, 
 for furnaces, bloomeries, and forges, that with a little 
 attention, we might very soon rival the Swedes in the 
 produce of this article. If any American attempts in 
 iron w^oiks have proved abortive, and disappointed their 
 imdertakers, it is not to be imputed either to the quali- 
 ty of the ore, or a defect of conveniences. The want 
 of more workmen, and the villainy of those we general- 
 ly have, are the only causes to wdiich we must attribute 
 such miscaiTiages. No man, who has been concerned 
 in them, will disagree w^ith m.e, if I assert, that from the 
 founder of the furnace to the meanest banksman, or 
 jobber, they are usually lov>^, profligate, drunken, and 
 faithless. And yet, under all the innumerable disad- 
 vantages of such instruments, very large estates have, 
 in this way, been raised in some of our colonies. Our 
 success, therefore, in the iron manufactory, is obstruct- 
 ed and discouraged by the want of workmen, and the 
 high price of labour, its necessary consequence, and by 
 these alone ; but 'tis our happiness, that such only be- 
 ing the cause, the means of redress are entirely in our 
 own hands. Nothing more is wanting to open a vast 
 fund of riches to the province, in this branch of trade, 
 than the importation of foreigners. If our merchants anci 
 
332 History of New-York. 
 
 landed gentlemen could be brought to a coalition in 
 this design, their private interests would not be better 
 advanced by it, than the publick emoiument ; the hit- 
 ter, in particular, would tliereby vastly improve their 
 lands, increase the number and raise the rents of their 
 tenants. And I cannot but think, that if those gentle-^ 
 men, who are too inactive to engage in such an enter- 
 prise, would only be at the pains of drawing up full 
 representations of their advantages for iron works, and 
 of publishing them, from time to time, in Great Britain, 
 Ireland, Germany, and Sweden ; the province would 
 mow be supplied with a sufficient number of capable 
 workmen in all the branches of that manufactory." 
 
 The money used in this province is silver, gold, Bri- 
 tish halfpence, and bills of credit. To counterfeit 
 either of them is felony without benefit of clergy ; but 
 none, except the latter, and Lyon dollars, are a legal 
 tender. Twelve halfpence, till lately, passed for a 
 shilling ; which being much beyond their value in any 
 of the neighbouring colonies, the assembly, in 1753, 
 resolved to proceed, at their next meeting, after the 
 first of May ensuing, to the consideration of a metliod 
 for ascertaining their value. A set of gentlemen, in 
 number seventy-two, took the advantage of the discre- 
 dit that resolve put upon copper halfpence, and on the 
 22d of December, subscribed a paper, engaging not to 
 receive or pass tliem, 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 par t of the province, 
 without the aid of a law. Our paper bills, which are 
 issued to serve the exigencies of the government, wero 
 
History of New- York. 
 
 33a 
 
 at first equal to an ounce of silver, then valued at eio;ht 
 i^billini^s. Before the late Spanish war, silver and g;old 
 were in great demand, to make remittances for Euro- 
 pean goods, and then the bills sunk, an ounce of silver 
 being worlli nine shillings and thn e pence. During 
 the \mr, the credit of our bills was well supported, part- 
 ly by the number of prizes taken by our privateers, and 
 the iiigh price of our produce abroad ; and partly by 
 the logwood trade and tlie depreciation of the New- 
 England paper luoney, which gave imrs a free circula- 
 tion through the eastern colonies. Since the war, sil- 
 ver has been valued at about nine shillings and two 
 pence an ounce, and is doubtless fixed there, till our 
 imports exceed v/tiat we export. To assist his majesty 
 for removing the late encroachments of the Frrnch, we 
 have issued 80,000/. to be sunk in short periods, by a 
 tax on estates real and personal ; and the whole amount 
 of our paper currency is thought to be about 160,000/, 
 Never was the trade of this province in so flouash- 
 ing a condition, as at the latter end of the late French 
 war. Above twenty privateers were often out of this 
 port, at a time ; and they were very successful in their 
 captures. Provisions, which are our staple, bore a high 
 price in the West Indies. The French, distressed 
 through a want of them, gladly received our flags of 
 truce, though sometimes they had but one or two pri- 
 soners on board, because they weie always loaded with 
 flour, beef, pork, and such like commodities. The dan- 
 ger their own vessels were exposed to, induced them to 
 sell their sugars to us at a very low rate. A trade was, 
 at the same time, carried on between Jamaica and the 
 Spanish Main, which opened a fine market to the north- 
 ern colonies, and the returns were, principally, in cash. 
 
334 
 
 History of New-York. 
 
 It was generally thought, that if the war had continued 
 the greatest part of the produce of the Spanish and 
 French settlements in the West Indies would have been 
 transported to Great Britain, through some one or oth- 
 er of her colonies ; whence we may fairly argue their 
 prodigious importance- 
 
 The provincial laws relating to our trade are not 
 very numerous. Those concerned in them, may have 
 recourse to the late edition of our acts at large, pub- 
 lished in 1752 ; and for this reason, I beg to be excused 
 from exhibiting an unentertaining summaiy of them in 
 this work. 
 
 CHAPTER lY. 
 
 Of our Religious Slate. 
 
 By the account already given, of the rise and pro- 
 gress of the acts for settling a ministry in four counties, 
 and the observations made concerning our various 
 Christian denominations, I have, in a great measure, an- 
 ticipated what I at first intended to have ranged under 
 this head. 
 
 The principal distinctions among us, are the episco- 
 palians, and the Dutch and English presbyterians ; the 
 two last, together with all the other protestants 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 pro- 
 portion of one to fifteen. Hence partly arises the gen- 
 eral discontent on account of the ministry acts ; not so 
 much that the provision made by them is engrossed by 
 the minor sect, as because the body of the people, are 
 
Hisiory of Neiv-York: 
 
 333 
 
 for an equal, universal, toleration of protestants, and 
 utterly averse to any kind of ecclesiastical establish- 
 ment. The dissenters, thougli 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 governours have 
 given an alarm to their fears, and if ever any other gen- 
 tleman, who may be honoured with the chief command 
 of the province, begins to divert himself, by retrench- 
 ing the privileges and immunities they now^ enjoy, the 
 confusion of the province will be the unavoidable con- 
 sequence of his folly. For though his majesty has no 
 other subjects upon whose loyalty he can more firmly 
 depend, yet an abhorrence of persecution, under any of 
 its appearances, is so deeply rooted in the people of 
 this plantation ; that as long as they continue their 
 numbers and interest in the assembly, no attempt will 
 probably be made upon the rights of conscience, with- 
 out endangering the publick repose. 
 
 Of the government of the Dutch churches, I have al- 
 ready given an account. As to the episcopal clergy, 
 the}' are missionaries of the English society for propa- 
 gating the gospel, and ordinarily ordained by the bi- 
 shop of London, who, having a commission from the king 
 to exercise ecclesiastical jurisdiction, commonly ap- 
 points a clergyman here for his commissary. The min- 
 isters are called by the particular churches, and main- 
 tained by the voluntary contribution of their auditors 
 and the society's annual ailovvance, their being no law^ 
 for tithes. 
 
336 
 
 History of JNciV-Yorkj 
 
 The Enfijlish presbyteiians are yery niimeroiJig. 
 Those inhabiting New-York, New-Jersey, Pennsylva- 
 nia, and the three Delaware counties, are re^ulariy 
 formed, after the manner of the church of Scotland, in- 
 to consistories or kirk sessions, pre.^byteries and synods, 
 and will probably soon join in erecting a general as- 
 sembly. The clergy are ordained by their fellows, 
 and maintained by their respective congregations. I 
 except those missionaries among the Indians, whose sub-^ 
 sistance is paid by the society in Scotland for propagat- 
 inof Christian knowledge. None of the presbyterian 
 churches in this province are incorporated, as is the case 
 of many in New-Jersey. Their judicatories are upon a 
 very proper establish nent, for they have no authority 
 b\ legal sanctions to enforce their decrees. Nor indeed 
 is any religious sect, amongst us, legally invested with 
 powers prejudicial to the common privileges of the 
 rest. The dominion of all our clergy is, as it ought to 
 be, merely spiritual. The episcopalians, however, some- 
 times pretend, that the ecclesiastical establishment in 
 3outh Britain extends here ; but the whole body of the 
 dissenters ar averse to the doctrine. The point has 
 been disputed with great fervour, and the sum of the 
 arguments against it is contained in a late paper, which 
 I sliall lay before the reader, at large, without any ad- 
 ditional reflections* 
 
 It was published in September, 1753, under the title 
 of the Independent Reflector, and is \\\ these words : 
 
 The arguments in support of an ecclesiastical esta- 
 blishment, in this province, iinpartially considered and 
 refuted : 
 
tlistory of New- York. 
 
 337 
 
 Eripe turpi 
 
 Colla jugo : li))er, liber surrs die age. Hor. 
 
 Whether tiie church of England is equally establish- 
 ed in the colonies, as in the southern parts of Great 
 Britain, is a question that has often been controverted. 
 Those who hold the affirmative, have drawn a long train 
 of consequences in favour of the episcopalians, taking 
 it for granted that the truth is on their side. The pres- 
 byterians, independents, congregationalists, anabaptists, 
 quakers, and all those among us, who, in England, 
 would fall under the general denomination of dissenters, 
 are warm in the negative. I beg leave, therefore, to 
 ifjierpose in the debate ; and, as I promised in the in- 
 troduction to these papers, to vindicate the religious, as 
 well as civil rights and privileges of my countrymen ; I 
 shall devote this paper to a consideration of so impor- 
 tant a point : to w hich I am the more strongly inclined, 
 because such establishment has often been urged against 
 the scheme I have proposed for the constitution of our 
 college. My opinion is, that the notion of a general 
 religious establishment in this province, is entirely 
 groundless. According to the strict rules of controver- 
 sy, the onus prohandiy or the burden of the proof, lies 
 upon those who affirm the position, and it would there- 
 fore be sufficient for me barely to deny it* I shall, ne- 
 vertheless, wave the advantage of this rule of the schools; 
 and, as becomes an impartial advocate for truth, pro- 
 ceed to state the arguments which are generally tirged 
 in support of an establishment. I shall then show theii* 
 insufficiency, and conclude with the particular reasons 
 upon which my opinion is founded. 
 
 They who assert that the church of England is esta- 
 blished in this province, never, that I have heard of^^ 
 
338 
 
 History of New- York. 
 
 pretended that it owes its establishment to any provin- 
 cial law of our own making. Nor, indeed, is there tlie 
 Jeast ground for such a supposition. The acts, that es- 
 tablish a ministry in this, and three other counties, do 
 not affect the whole colony ; and, therefore, can by no 
 means be urged in support of a general establishment. 
 Nor were they originally designed to establish the epis-' 
 copalians in preference or exclusion of any other pro- 
 testants in those counties to which they are limited. 
 But as the proposition is, that the establishment of the- 
 church of England is equally binding here, as in Eng- 
 land ; so, agreeable thereto, the arguments they ad- 
 duce are the following : 
 
 First, That as we are an English colony, the constitu- 
 tional laws of our mother country, antecedent to the 
 legislature of our own, are binding upon us ; and there- 
 fore at the planting of this colony, the English religious 
 establishment immediately took place. 
 
 Secondly, That the act, which established the epis- 
 copal 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 the least plausibility ; and if they are shown to be 
 inconclusive, the position is disproved, and the argu- 
 ments, of consequence, must be impertinent and ground- 
 less. I shall begin with the examination of the first : 
 and heVe it must be confessed, 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 dis- 
 tinction, are to be supposed binding upon such planters, 
 is neither agreeable to law nor reason. The laws which 
 
History of New-York. 
 
 339 
 
 ihey carry with them, and to which they are fiubjecf, 
 are such as are absolutely necessary to answer the ori- 
 ginal intention of our entering into a state of society. 
 Such as are requisite, in their new colony state, for the 
 advancement of their and the general prosperity ; such, 
 without which Ihey will neither be protected in their 
 lives, liberty, or property : and the true reason of their 
 being considered, even subject to such laws, arises from 
 the absolute necessity of their being under some kind 
 of government, their supporting a colony relation and 
 dependence, and the evident fitness of their subjection 
 to the laws of their mother country, with which alone 
 they can be supposed to be acquainted. Even at this 
 day we extend every general act of parliament which 
 Ave 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 le- 
 gislature of our own. This is a practice we have intro- 
 duced for our conveniency but that the English 
 laws, so far as I have distinguished them, should be 
 binding upon us, antecedent to our having a legislature 
 of our own, is of absolute unavoidable necessity. But 
 no such necessity can be pretended in favour of the in- 
 troduction of any religious establishment whatsoever ; 
 because, it is evident that different societies do exist 
 w ith different ecclesiastical laws, or, which is sufficient 
 to my purpose, without such as the English establish- 
 ment ; and that civil society, as it is antecedent to any 
 ecclesiastical establishments, is in its nature unconnect- 
 ed with them, independent of them, and all social hap- 
 piness completely attainable without them. 
 
 * This practice is very dangerous, and is assuming little less than 
 ^ iegislatire authority. 
 
340 
 
 History of New- York. 
 
 Secondly, To suppose all the laws of England, with- 
 out distinction, obligatory upon every new colony at 
 its implantation, is absurd, and would effectually pre- 
 vent the subjects from undertaking so hazarlous an ad- 
 ventuie. Upon such a supposition a thousand laws will 
 be introduced, inconsistent with the state of a new coun-* 
 try, and destructive of the planters. To use the wordg 
 of the late attorney general, sir Dudley Ryder,^ " It 
 would be acting the pai t of an unskilful physician, who 
 should presc ribe the same dose to every patient, with-r 
 out distinguishing the variety of distempers and con- 
 stitutions." According to this doctrine, we are subject 
 to the payment of tithes, ought to have a spiritual court, 
 and impoverished, as the first 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 colonies have appeared in their present 
 flf»urishing condition ; especially if it be considered 
 that tlie first settlers of most of them, sought an exemp- 
 tion in these American wilds, from the establishment to 
 which they were subject at home. 
 
 Thirdly, If the planters of every new colony carry 
 with them the established religion of Ihe counlry from 
 whence they Uiigrate ; it follows, that if a colony had 
 been planted when the English nation were pagans, tiie 
 establisliment in such col ny u ust be paganism alone : 
 and, iti like manner, had Ihis colony been planted while 
 popery was established in England, the religion of pa- 
 pists must have been our established religion ; and if it 
 
 * Aftf rwarr's lord chief justice of the king's bench. These were his^ 
 yorrls. in an opinioa against the extent of the statute of frauds aQ(l 
 perjuries. 
 
JRsiory of New-YorJc. 
 
 341 
 
 is our duty to conform to the relii^ion estahlished at 
 hoiue, we are equally bouml, against conscience and 
 V\e Bible, to be pagans, papists, or protestants, accord- 
 ing to the particular 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 either be founded on acts of parlia- 
 ment, or the common law. That it is not established 
 by the first, I shall prove in the sequel ; and that it can- 
 not be established by the common law, appears froiij 
 the following considerations. 
 
 The common law of England, properly defined, con- 
 sists of those general laws to which the English have 
 been accustouied, from time whereof there is no mem- 
 ory to the contrary : and every law, deriving its valid- 
 ity from such immemorial custom, must be carried 
 back as far as to the reign of Richard I. whose death 
 happened on the 6th of April, 1199. But the present 
 est ablishment of the church of England was not till the 
 fifth year of queen Anne. And hence it is apparent, 
 that the establishment of the church of England, can 
 never be argued from the common law even in Eng- 
 land ; nor could be any part of it, since it depends not 
 for its validity upon custom immemorial. And tl^ere- 
 fore, 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 England is established 
 in the colonies ; because, the common law knows of no 
 such religious establishment, nor considers any religious 
 estal)lishment whatever, as any part of the Englisli con- 
 stitution. It does, indeed, encourage religion ; but that, 
 and a particular churcli government, are tilings entirely 
 different 
 
342 
 
 Hislory of JSew-Yorh 
 
 I proceed now to a consideration of the second ar2;u- 
 nient insisted on, to prove an episcopal establishment 
 in the colonies, founded on the act which established 
 the church of England, passed in the fifth year of queen 
 Anne, recited and ratified in the act for an union of the 
 two kingdoms of England and Scotland. And that this 
 act does not establish the church of England in the col- 
 onies, has been so fully shown by Mr. Hobart,^ in his 
 second address to the episcopal separation in New-Eng- 
 land, that I shall content myself with an extract from 
 the works of that ingenious gentleman, which, with 
 verv little alteration, is as follows : 
 
 " The act we are now dispviting about, was made in 
 the fifth year of queen Anne, and is entitled, an act for 
 securing the church of England, as by law established. 
 The occasion of the statute was this : the parliament in 
 Scotland, when treating of an union with England, were 
 apprehensive of its endangering their ecclesiastical es- 
 tablishment. Scotland was to have but a small share in 
 the legislature of Great Britain, but forty-five members 
 in the house of commons, wdiich consists of above five 
 hundred, and but sixteen in the house of lords, which 
 then consisted of near an hundred, and might be increas- 
 ed by the sovereign at pleasure. The Scots, therefore, 
 to prevent having their ecclesiastical establishment re- 
 pealed in a British parliament, where they might be so 
 easily outvoted by the English members, passed an act, 
 previous to the union, establishing the presbyterian 
 church within the kingdom of Scotland, in perpetuity, 
 and made this act an essential and fundamental part of 
 the union which might not be repealed, or altered by 
 any subsequent British parliament ; and this put the 
 
 * A minister of one of the churches at Fairfield, in Connecticut. 
 
History of New-YofJc. 
 
 343 
 
 En2:li^h parliament upon passing tiiis act for securing 
 the cimrcli of England. Keither of them designed to 
 enlarge Ihe bounds of their ecclesiastical constitution, 
 or extend their establishment farther tiion it reached be- 
 fore, but onl to secure and perpetuate it in its then 
 present extent. This is evident, not only from the oc- 
 casion of the act, but from the charitable temper the 
 English parliament was under the influence of, when 
 they passed it. The lord North and Grey offered a 
 rider to be added to the bill for an union, viz. That it 
 might not extend to an approbation or acknowledgment 
 of the truth of the presbyterian way of worship, or al- 
 lowing the religion of the church of Scotland to be, what 
 it is st) led, the true protestant religion. But this clause 
 was rejected. — A parliament 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 perpetuate the 
 church of England within those bounds, wherein it was 
 before established, can hardly be supposed to have de- 
 signed 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. 'Tis 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 v/ithin its 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 
 Elizabeth, and the act of uniformity, passed in the 13th 
 year of Charles II. and all and singular other acts of 
 
344 
 
 History of New-York. 
 
 parliament llien in force for the establishment and pre-^ 
 ser vation of the church of England, should remain in 
 full force for ever ; and that every succeeding sove* 
 reign should, at his coronation, take and subscribe an 
 oath to maintain and preserve inviolably the said settle- 
 ment of the church of England, as by law established, 
 within the kingdoms of England and Ireland, the do- 
 minion of Wales, and town of Berwick upon Tv^eed, 
 and the territories thereunto belonging. Tliis act d(4h 
 not use such expressions, as would have been proper 
 and even necessary, had the design been to have made 
 a new establishment ; but only such as are proper to 
 ratify and confirm an old one. The settlement, which 
 the king is sworn to preserve, is represented as existing 
 previously to the passing this act, and not as made by 
 it. The words of the oath are, to maintain and pre- 
 serve inviolably the said settlement. If it be asked, 
 Avhat settlement ? The answer must be, a settlement 
 heretofore made and confirmed by certain statutes, 
 which for the greater certainty and security are enume- 
 rated in this act, and declared to be unalterable. This 
 is the settlement ti e king is sworn to preserve, and ti is 
 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 is a mistake to imagine, that the word territories 
 necessarily means these American colonies. " Tliese 
 countries 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 i^ 
 the invariable practice of the legislature, in every act 
 
History of New-York. 
 
 343 
 
 of parliament, both before and after this act, designed 
 to aiie( t us, to use the words colonies, or plantations. 
 Nor is it to be supposed, that, in so i:nportant a matter, 
 words of so direct and broad an intent would have been 
 omitted. " The islands of Jersey and Guernsey were 
 properly territories belongin<^ to the kingdom of Eng- 
 land, before the union took place ; and they staiid in 
 the same relation to the kingdoin of Great Bi itain since. 
 The church of England was established in these islands, 
 and the legislature iiitended to perpetuate it in tiiem, as 
 well as in England itself; so that as these islands were 
 not particularly nained in the act, there was occasion to 
 use the word territories, even upon the supposition tiiat 
 they did not design to make the establisiiment more ex- 
 tensive than it was before this law passed." Further, 
 in order to include the plantations in the word territo- 
 ries, we must suppose it always to mean every other 
 part of the dominions not particularly mentioned m 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 government of a colony, 
 and the territories thereon depending in America (and 
 this is the case of every one of them) extend to all the 
 American colonies, and their governoiirs must of con- 
 sequence have reciprocal superintendencies ; and should 
 any commission include the word territories generally, 
 unrestricted to America, by the same construction the 
 grvernour, therein mentioned, might exercise an author- 
 ity under it, not only in America, but in Africa and 
 the Indies, and even in the kingdom of Ireland, and, 
 perhaps, in the absence of the king, in Great Britain it- 
 self Mr. Hobait goes on, and argues against the es- 
 
 44 
 
346 
 
 HislGry of New-YorL 
 
 tablishment from the light in which the act of union has, 
 ever since it was passed, been considered. 
 
 " Dr. Bisse, bishop of Hereford, (says he) a member 
 of the society, preached the annual sermon, February 
 21, 1717, ten years after the act of uoion took place ; 
 and he says, it would have well become the wisdom 
 wherewith that great v»^ork (the reformation or esta- 
 blishment of the church of England) was conducted in 
 this kingdom, that this foreign enterprise (the settle- 
 ment of plantations in America) also should have been 
 carried on by the government in the like regular way. 
 But he owns the government at home did not interpose 
 in the case, or establish any form of religion for us- In 
 truth (says his lordship) the whole Avas left to the wis- 
 dom of the first proprietors, and to the conduct of every 
 private man. He observes, that of late years the civil 
 interest hath been regarded, and the dependence of the 
 colonies, on the imperial crown of the realm, secured : 
 but then, with regard to the religion of the plantations, 
 his lordship acknowledges, that the government itself 
 here at home, sovereign as it is, and invested doubtless 
 with sufficient authority there, hath not thought fit to 
 interpose in this matter, otherwise than in this charita- 
 ble way : it hath enabled us to ask the benevolence of 
 all good Christians towards the support of missionaries 
 to be sent among them. Thus bishop Bisse thought as 
 I do, and that the act of union nor any other law prior 
 thereto, did extend the establishment to the plantations ; 
 and if the society had not been of the same opinion^ 
 they would hardly have printed and dispersed his ser- 
 mon. Neither did the civil rulers of the nation, who 
 may justly be supposed acquainted with its laws, think 
 the act of union, or any other law, established the church 
 
History of New-York. 
 
 347 
 
 of England in America. This is plain from the letter 
 of the lords justices to governour Dum ner, in the year 
 1725, almost twenty years after the union, wherein they 
 say, there is no regular establishment of any national 
 or provincial church in these plantations. 
 
 " If it be urged that the king's commission to the late 
 bishop of London, proves an ecclesiastical establishment 
 here, it is sufficient to answer, that his lordship was re- 
 markable for skill in the laws, so far as they relate to 
 -ecclesiastical aflairs, as appears from his codex ; and he 
 was of the contrary opinion ; for in his letter to Dr, 
 Colman, of May 24, 1735, he writes thus : my opinion 
 has alwa^^s been, that the religious state of New Eng- 
 land is founded in an equal liberty to all protestants ; 
 none of which can claim the name of a national esta- 
 blishment, or any kind of superiority over the rest. 
 This opinion the bishop gave not only since the act of 
 union, but even seven years after he had received his 
 commission ; and surely it must be admitted that as he 
 had time enough to consider it, so he, of all others, best 
 understood it." Thus far Mr, Ilobart. With respect 
 to the act of union, 1 beg leave only to subjoin, that it 
 is highly probable the Scotch parliament believed the 
 English intended to establish their church only in Eng- 
 land. For in the close of the act, by wliich they had 
 established the presbyterian church in Scotland, it is 
 declared, in these express words, " That the parliament 
 of England may provide for the security of the church 
 of England, as they think expedient, to take place with- 
 in the bounds of the said kingdom of England." And 
 whatever latitude the word kingdom has in common 
 speech, it, in a legal sense, is limited to England, pro- 
 perly so called, and excludes the plantations. 
 
34« 
 
 History of New-York. 
 
 Nor can we suppose, tliat Ihe church of Ensrland is 
 estahlished in these colonies, by any acts prior to the 
 act of union above considered. For, besides the several 
 opinions, against such supposition, already adduced, it 
 is unreasonable to imagine, that if there was any such 
 estlablishnient, king Charles II. in direct repugnancy 
 thereto, should have made the grant of Pennsylvania, 
 and given equal privileges to all religions in that | ro- 
 vince, wither ut even excepting the Roman catholicks ; 
 and that tlie coh^nies of Rhode Island, Connecticut and 
 the Massachusetts' Bay, should be permitted to make 
 their provincial establishments, in opposition to an ante- 
 ce^'ent establishment of the church of England, espe- 
 cially as the laws of the Massachusetts' Bay province, 
 are const rntly sent home, ai^d the king has the absolute 
 power of repealing every act he should thii.k improper 
 to be continued as a law. Whoever, therefore, consi- 
 ders this, and that the king is sworn to preserve the 
 church of England establishment, must necessarily con- 
 clude, that whatever sentiments may obtain among ti e 
 episcopalians in xAmerica^ our kings and their couix ils 
 have always conceived that such establishment could 
 by no means be extended to us. As to Connecticut, all 
 the episcopalians of that C(5lony, and even their minis- 
 ters, were legally compellable to contribute to an an- 
 nual tax for the support of the congregational clergy, 
 till of late they were favcaired with a law which grarits 
 them a privilege of exemption from that iniquity us and 
 unreasonable burden. But whether tliey are subject to 
 the like unchristian imposition in the other colonies 
 above mentioned, I am not sufficiently acquainted with 
 their laws to determine."^ 
 
 I believe there is no just cause for the complaints traasjuitted by 
 
History of Neiv-Yorh. 349 
 
 The thirteenth number of the Watch Tower publish- 
 ed at Nevv-Yoik, in 1755, espouses the same side with 
 the author of the Reflector, adds several new ar^^uments 
 and the opiiiions of eminent counsel at law, ahd consi- 
 ders the force of what is advanced by the late Dr Doug- 
 lass, in favour of his position, that the religious state of 
 tl»e American plantations is an universal toleiation of 
 protestants of every denomination. 
 
 The clergy of this province are, in general, but indif- 
 ferently supported : it is true they live easily, but few 
 of them leave any thing to their children. The es is- 
 copal missionaries, for enlarging the sphere of their se- 
 cular business, not many years ago, attempted, by a pe- 
 tition to the late governour Clinton, to engross the pri« 
 vilege of solemnizing all marriages. A great clamour 
 ensued and the attempt was abortive. Before that ti:ae 
 the ceremony was even performed by justices of tae 
 peace, and the judges at law have determined such mar- 
 riages to be legal. The governour's licenses now run 
 to " all protestant mir.isters of the gospel." Whetlier 
 the justices act still, when the bans are published in 
 our churches, w liich is customary only witii the poor, 
 1 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 hap- 
 pef], and, in some cases, are attended with consequences 
 equally melancholy and mischievous. 
 
 the missionaries. Dr. Douglass assigns several instancrs of gross mis- 
 represeniations and fa!s( hoods. Vid. his Summary. 2d vol. p 139. 
 Boston edt. 1753, and the Watch ToAver, JSo. xli. published at ^ew- 
 ^ovk, in 1753, 
 
350 
 
 History of JSeiv-York. 
 
 As to the number of our clergymen, it is lar^e enough 
 nt present, there being but few settlements unsupplied 
 with a ministry, and some superabouncL In matters of 
 religion we are not so intelligent, in general, as the in- 
 habitants of the New-England colonies ; but both in this 
 respect and good morals, we certainly have the advan- 
 tage of tiie southern provinces. One of the king's in- 
 stjuciions to our governours, recommends the investi- 
 gation of means for the conversion of negroes and In- 
 dians. 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 po- 
 litical advantages would have flowed from such a salu- 
 tary measure. Dr. Douglass, a sensible, immethodical 
 W'riter, often incorrect, expects too much :^ besides, he 
 treats the missionaries with rudeness and contempt, and 
 lashes their indolence with unmerciful acrimony. 
 
 CHAPTER V. 
 The Political State. 
 
 This colony, as a part of the king's dominions, is 
 subject to the controul of the British parliament ; but 
 its more immediate government is vested in a gover- 
 nour, council and general assembly. 
 
 * " Our young missionaries may procure a perpetual alliance and 
 commercial advantages with the Indians, which the Roman catholick 
 clergy cannot do, because they are forbid to marry. I mean our 
 missionaries may intermarry with the daughters of the sachems and 
 other considerable Indians, and their progeny will for ever be a cer- 
 tain cement between us and the Indians." Dongl. Sum. <fec. vol. ii. 
 p. 138, Boston edt. 1753. 
 
History of New-York. 
 
 351 
 
 The governours in chief, who are always appointed 
 by the king's commission, under the great seal of Great 
 Britain, enjoy a vast plenitude of power, as may be seen 
 in their patents, which are nearly the same. The fol* 
 lowing is a copy of that to the late sir Danvers Osborn* 
 
 George the second 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 Dan- 
 vers Osborn baronet greeting Whereas we did by our 
 letters patent under our great seal of Great Britain 
 bearing date at Westminster the third day of July, in 
 the fifteenth year of our reign constitute and app oint 
 the honourable George Clinton esq, captain general and 
 governour in chief in and over our province of New- 
 York and the territories depending thereon in Ame- 
 rica for and during our will and pleasure as by the said 
 recited letters patent (relation being thereunto had) 
 may more fully and at large appear now know you that 
 we have revoked and determined and by 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 Danvers Osborn of our especial grace 
 certain knowledge and meer motion have thought fit to 
 constitute and appoint you the said sir Danvers Osborn 
 to be our captain general and governour in chief in and 
 over our province of New- York and the territories de- 
 pending thereon in America and we do hereby require 
 and command you to do and execute all things in due 
 manner that shall belong unto your said command and 
 the trust w^e have reposed in you according to the seve- 
 ral powers and directions granted or appointed you by 
 
352 
 
 History of New- YorJc. 
 
 this present commission and the instructions herewith 
 given } ou or by such further powers instructions and 
 autlioiities as shall at any time hereafter be gi anted or 
 appointed you under our signet and sign manual or by 
 our order in our privy council and according to sui h 
 Feasor able laws and statutes as now are in force or 
 hereafter shall be made and agreed upon by you with 
 the advice and consent of our council an I the assembly 
 of our said province under your government in such 
 manner and farm as is hereafter expressed and our will 
 and pleasure is tliat you the said sir Danvers Osborn af- 
 ter the publication of these our letters patent do in the 
 first place take the oaths appointed to be taken by an 
 a( t passed in the first year of our late royal fatlier\s 
 reign entitled an act for the further security of his nia- 
 jesty's peison and government and the succession of the 
 crown in the heirs of the late princess Soptiia bi inii pi o- 
 testants and for extinguishing the hopes of the pretend- 
 ed prince of Wales and his open and secret abettors as 
 also that you make and subscribe the declaration men- 
 tioned in an act of parliament made in the twenty-fifth 
 year of the reign of king Charles the second intituled 
 an act for preventing dangers which 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 general and governour in chief in and over our 
 said province of New- York and the territories depend- 
 ing thereon foi the due and impartial administration of 
 justice and further that you take the oath required to 
 be taken by governours of plantations to do their ut- 
 most that the several laws relating to trade and the 
 plarftations be observed which said oaths and declaration 
 our council in our said province or any three of the 
 
History of New-York. 353 
 
 members thereof have hereby full power and authority 
 and are required to tender and administer unto you and 
 in your absence to our lieutenant governour if there be 
 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 governour if there be 
 any upon the place the oaths mentioned in the said act 
 entituled an act for the further security of his majesty's 
 person and government and the succession of the crown 
 in the heirs of the late princess Sophia being protestants 
 and for extinguishing the hopes of the pretended prince 
 of Wales and his open and secret abettors as also to 
 cause them to make and subscribe the aforementioned 
 declaration and to administer to them the oath for the 
 due execution of their places and trusts. And we do 
 hereby give and grant unto you full power and autho- 
 rity to suspend any of the members of our said council 
 from sitting voting and assisting therein if you shall find 
 just cause for so doing and if there shall be any lieute- 
 ^ nant governour him likewise to suspend from the execu- 
 tion of his command and to appoint another in his stead 
 until our pleasure be known and if it shall at any time 
 happen that by the death departure out of our said pro- 
 vince 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 quo- 
 rum) our will and pleasure is that you signify the same 
 unto us by the first opportunity that we may under our 
 signet and sign manual constitute and appoint others in 
 their stead but that our afiairs may not sutler at that 
 distance for want of a due number of councillors if ever 
 it should happen that there be less than seven of them 
 Residing in our said province we do hereby give and 
 
 45 
 
3o4 History of New-York » 
 
 grant unto you the said sir Darn ers Osborn full power 
 and authority to chuse as many persons out of the prin- 
 cipal freeholders inhabitants thereof as will make up the 
 full number of our said council to be seven and no more 
 which persons so chosen and appointed by you shall be 
 to all inteijts and purposes councillors in our said pro- 
 vince until either they shall be confirmed by us or that 
 by the nomination of others by us under our sign ma- 
 nual and signet our said council shall have seven or more 
 persons in it. And we do hereby give and grant unto 
 you full power and authority with the advice and con- 
 Sent of our said council from time to time as need 
 shall require to summon and call general assemblies of 
 the said freeholders and planters within your govern- 
 ment according to the usage of our province of New- 
 York. And our will and pleasure is that the persons 
 thereupon duly elected by the major part of the tree- 
 holders of the respective counties and places and so re- 
 turned shall before their sitting take the oaths mention- 
 ed in the said act entitled (an act for the further securi - 
 ty of his majesty's person and government and the suc- 
 cession to the crown in the heirs of tlie late princess 
 Sophia being protestants and for extinguishing the hopes 
 of the pretended prince of Wales and his open and se- 
 cret abettors) as also make and subscribe the aforemen- 
 tioned declaration (which oaths and declarations you 
 shall commissionate fit persons under our seal of New- 
 York to tender and administer unto them) and until 
 the same shall be so taken and subscribed no person 
 shall be capable of sitting though elected and we do 
 bei eby 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 
 
History of New-York. 
 
 355 
 
 you the said sir Danvers Osborn by and with the con- 
 sent of our said council and assembly or the major part 
 of them respectiTOly shall have full power and au- 
 thority to make constitute and ordain laws statutes 
 and ordinances for the pubiick peace welfare and 
 good government of our said province and of the 
 people and inhabitants thereof and such others as 
 shall resort thereto and for the benefit of us our 
 heirs and successors wdiich said laws statutes and ordi- 
 nances are not to he repugnant but as near as may be 
 agreeable to the laws and statutes of this our kingdom 
 of Great Britain provided that all such laws statutes 
 and 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 dupli- 
 cates thereof by the next conveyance and in case any 
 or all of the said laws statutes and ordinances being not 
 before confirmed by us shall at any time be disallowed 
 and not approved and so signified by us our heirs or 
 successors under our or their sign manual and signet or 
 by order of our or their privy council unto you the said 
 sir JJanvers 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 ordinances as shall be so 
 •disallowed and not approved shall from thenceforth 
 cease determine and become utterly void and of none 
 effect any thing to Ihe contrary thereof notwithstand- 
 ing 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 tiiat 
 you the said sir Danvers Osborn shall have and enj )y 
 a negative voice in the making and passing of all laws 
 
356 
 
 History of New-York. 
 
 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 plea- 
 sure is that you shall and may use and keep Ihe pub- 
 lick seal of our said province of New- York for sealing 
 all things whatsoever that pass the great seal of our said 
 province under your government And we do further 
 give and grant unto you the said sir Danvers Osborn 
 full power and authority from time to time and at any 
 time hereafter by yourself or by any other to be au- 
 thorized by you in that behalf to administer and give 
 the aforementioned oaths to all and every such person 
 and persons as you shall think fit who shall at any tiuie 
 or times pass into our said province or shall be resident 
 or abiding there. And we do further by these present? 
 give and grant unto you the said sir Danvers Osborn 
 full power and authority with the advice and consent 
 of our said council to erect constitute and establish 
 such and so many courts of judicature and publick jus- 
 tice within our said province under your government 
 as you and they shall think fit and necessary for the 
 hearing and deter ining of all causes as w^ell criminal 
 as civil ac cording to law and equity and for awarding 
 execution thereupon with all reasonable and necessary 
 powers authorities fees and privileges belonging there- 
 unto as also to appoint and commissionate fit persons 
 in the several parts of your government to administer 
 the oaths mentioned in the aforesaid act entitled an act 
 for the further security of his majesty's person and go- 
 vernment and the succession of the crown in the heirs 
 of the late princess Sophia being protestants and for 
 extinguishing tlie hopes of the pretended prince of 
 
History of New-York. 
 
 357 
 
 Wales and bis open and secret abettors as also to ten- 
 der and administer the aforesaid declaration unto such 
 persons belonging to the said courts as shall be obliged 
 to take the same And we do hereby authorize and em- 
 power you to constitute and appoint judges and in cases 
 requisite cofumissioners of oyer and terminer justices 
 of the peace and other necessary officers and ministers 
 in our said province for the better administration of 
 justice and putting the laws in execution, and to ad- 
 minister or cause to be administered unto them such 
 oath or oaths as are usually given for the due execu- 
 tion and performance of offices and places and for the 
 clearing of truth in judicial causes And we do hereby 
 give and grant unto you full power and authority 
 where you shall see cause or shall judge any offender 
 or offenders in criminal matters or for any fines or for- 
 feitures due unto us fit objects of our mercy to pardon 
 all such offenders and to remit all such offences fines and 
 forfeitures (treason and wilful murder only excepted) 
 in which cases you shall likewise have power upon ex- 
 traordinary occasions to grant reprieves to the offend* 
 ers until and to the intent our royal pleasure may be 
 known therein. And we do by these presents authorize 
 and empower you to collate any person or persons to 
 any churches chapels or other ecclesiastical benefices 
 within our said province and territories aforesaid as 
 often as any of them shall happen to be void. And we 
 do hereby give and grant unto you the said sir Danvers 
 Osborn by yourself or by your captains and coinmand- 
 ers by you to be authorized full power and authority to 
 levy arm muster command and employ all persons 
 whatsoever residing within our said province of New- 
 York and other the territories under your government 
 
358 
 
 History of New- York. 
 
 and as occasion shall serve to march from one place to 
 another or to embark them for the resisting and with- 
 standing of all enemies pirates and rebels both at sea 
 and land and to transport such forces to any of our 
 plantations in America if necessity shall require for the 
 defence of the same against the invasions or attempts 
 of any of our enemies and such enemies pirates and re- 
 bels if there shall be occasion to pursue and prosecute 
 in or out of the limits of om^ said province and planta- 
 tions 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- 
 vernour in chief doth or ought of right to belong and 
 we do hereby give and grant unto you full power and 
 authority by and with the advice and consent of our 
 3aid council to erect raise and build in our said province 
 of New^-York and the territories depending thereon such 
 and so many forts and platforms, castles, cities, bo- 
 roughs, towns and fortifications as you by the advice 
 aforesaid shall judge necessary and the same or any of 
 them to fortify and furnish with ordnance, ammunition 
 and ail sorts of arms fit and necessary for the security 
 and defence of our said province and by the advice 
 aforesaid the same again or any of them to demolish or 
 dismantle as may be most convenient and forasmuch as 
 divers mutinies and disorders may happen by persons 
 shipped and employed at sea during the time of war and 
 to the end that such as shall be shipped and employed at 
 sea during the time of war may be better governed and 
 
History of New-York. 
 
 35d 
 
 ordered we do hereby give and grant unto you the said sir 
 Danvers Osborn full power and authority to constitute 
 and appoint captains lieutenants masters of ships and 
 other commanders and officers and to grant to such 
 captains lieutenants masters of ships and other com- 
 manders and officers commissions to execute the law 
 martial during the time of war according to the direc- 
 tions of the two acts the one passed in the thirteenth 
 year of the reign of king Charles the second entituled 
 an act for the establishing articles and orders for the 
 regulating and better government of his majesty's na- 
 vies 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 proceedings authorities 
 , punishments corrections and executions upon any 
 offender or offenders who shall be mutinous seditious 
 disorderly or any way unruly either at sea or during 
 the time of 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 
 shall be construed to the enabling you or any by your 
 authority to hold plea or have any jurisdiction of any 
 offences cause matter or thing committed or done upon 
 the high sea or within any of the havens rivers or creeks 
 of our said province and territories under your govern- 
 ment by any captain commander lieutenant master offi- 
 cer seaman soldier or other person whatsoever who shall 
 be in our actual service and pay in or on board any of 
 
History of Nerv-York. 
 
 our ships of war or other vessels acting by immediate 
 commission or warrant from our comiiiissioners for ex- 
 ecuting 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 captain commander 
 lieutenant master officer st^aman soldier or other per- 
 son so offending shall be left to be proceeded against 
 and tried as thi ir oflienc es shall require either by com- 
 mission under our great seal of Great Britain as the 
 statute of the twenty-eighth of Henry the eighth directs 
 or by commission from our said commissioners for ex- 
 ecuting the office of (mr high admiral or from our high 
 admiral of Great Britain for the time being according 
 to the aforementioned acts. Provided nevertheless that 
 all disorders and misdemeanors committed on shore by 
 any captain commander lieutenant master officer sea- 
 man soldier or other person whatsoever belonging to 
 any of our ships of war or other vessels acting by im- 
 mediate commission or warrant from our said commis- 
 sioners for executing the office of our high admiral or 
 from our high admiral of Great Britain for the time be- 
 ing under the seal of our admiralty may be tried and 
 punished according to the laws of the place where any 
 such disorders offences and misdemeanors shall be comit- 
 ted on shore notwithstanding such offenders be in our 
 actual service and born in our pay on board any such 
 our ships of war or otijer vessels acting by iiimiediate 
 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 
 aforesaid so as he shall not receive any protection for 
 the avoiding of justice for such offences committed on 
 shore from any pretence of his being employed in our 
 
History of New- York. 3G1 
 
 service at sea. And our further will and pleasure is 
 that all publick monies raised or which shall be 
 raised by any act to be hereafter made within our 
 said province and other the territories depending 
 thereon be issued out by warrant from you by and 
 with the advice and consent of our council and dis- 
 posed of by you for the support of the government and 
 not otherwise and we do hereby likewise give and grant 
 unto you full power and authority by and with the ad- 
 vice and consent of our said council to settle and agree 
 with the inhabitants of our province and territories 
 aforesaid for such lands tenements and hereditaments as 
 now are or hereafter shall be in our power to dispose of 
 and them to grant to any person or persons upon such 
 terms and under such moderate quitrents services and 
 acknowledgments to be thereupon reserved unto us as 
 you by and with the advice aforesaid shall think fit 
 which said grants are to pass and be sealed by our seal 
 of New- York and being entered upon record by such 
 officer or officers as are or shall be appointed thereunto 
 shall be good and effectual in the law against us our 
 heirs and successors and we do hereby give you the 
 said jir Danvers Osborn full power to order and ap- 
 p(^fit fairs marts and markets as also such and so many 
 pli ts harbours bays havens and other places for the con- 
 venience and security of shipping and for the better 
 lading and unloading of goods and merchandizes as by 
 yo^ vyith the advice and consent of our said council 
 shall1i%thought fit and necessary and we do hereby re- 
 quire an9 'command all officers and ministers civil mil- 
 itary and air tattler inhabitants of our said province and 
 territories depencfing thereon to be obedient aiding and 
 assisting imto you the said sir Danvers Osborn in th(5 
 
 m 
 
362 
 
 History of Neiv- Yorh 
 
 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 de- 
 pending thereon to be obedient aiding and assisting un- 
 to such person as shall be appointed by us to be our 
 lieutenant governour or commander in chief of our said 
 province to whom we do therefore by these presents 
 give and grant all and singular the powers and authori- 
 ties herein granted to be by him executed and enjoyed 
 during our pleasure or until your arrival within our 
 said province and territories and if upon your death or 
 absence out of our said province and territories depend- 
 ing thereon there be no person upon the place commis- 
 sionated or appointed by us to be our lieutenant gover- 
 nour or commander in chief of our said province our 
 will and pleasure is that the eldest counsellor \vhose 
 name is first placed in our said instructions to you and 
 who shall at the time of your death or absence be resid- 
 ing within our said province of New-York shall take 
 upon him the administration of the government and ex- 
 ecute our said commission and instructions and the se- 
 veral powers and authorities therein contained in the 
 same manner and to all intents and purposes as other 
 our governour and commander in chief of our said pro- 
 vince should or ought to do in case of your absence un- 
 til your return or in all cases until our further pleasure 
 be known therein and we do hereby declare ordain and 
 appoint that you the said sir Danvers Osborn shall and 
 may hold execute and enjoy the office and place of our 
 captain general and governour in chief in and over our 
 province of INew-York and the territories depending 
 thereon together with all and singular the powers and 
 authorities hereby granted unto you for and during our 
 
History of New-YorL 
 
 S63 
 
 will and pleasure. And whereas there are divers colo- 
 nies adjoining to our province of New- York for the de- 
 fence and security vvliereof it is requisite that due care 
 be taken in time of war we have therefore thought it 
 iii^cessary for our service and for the better protection 
 and security of our subjects inhabiting those parts to 
 c<fnstituie and appoint and we do by these presents 
 constitute and appoint you the said sir Danvers Osborn 
 to be our captain general and commander in 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 or- 
 dering governing and ruling our said militia and all our 
 forces forts and places of str ngth within our said colo- 
 ny 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 JNevv^- 
 York all and every the like powers as in these presents 
 are before granted and recited for the ruling governing 
 and ordering 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 
 vour absence from our territories and dominion of 
 New-York by our commander in chief of our province 
 of New- York within our said colony of Connecticut 
 for and during our pleasure In witness whereof we have 
 caused these our letters to be made patent witness our- 
 self at Westminster the first day of August in the twen- 
 ty-seventh year of our reign. 
 
 By writ of privy seal, 
 
 YoRKE and Yorke, 
 
Hislory of New-York. 
 
 The instructions received with the commission, are 
 explanatory of the patent, and regulate the governour's 
 conduct on almost every common contingency/^ 
 
 The salary, generally granted to the governour by 
 the instructions, is 1,200/. sterling out of the revenue 
 here ; but that being an insufficient fund, the assembly, 
 in lieu of it, give him annually 1,560/. currency. The 
 perquisites perhaps amount to as much more. 
 
 This office was formerly very lucrative, but becomes 
 daily less considerable, because almost all the valuable 
 tracts of land are already taken up. 
 
 The council, when full, consists of twelve members, 
 appointed 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 gover- 
 nour 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 publick measures very con- 
 Biderable. In the grant of all patents the governour is 
 bound to consult them, and regularly they cannot pass 
 the seal without their advice. 
 
 They enjoy a legislative power, as the lords do in 
 parliament ; and exercise also judicial authority upon 
 writs of error and appeals. They are convened by the 
 governour ; 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 go- 
 vernour, and always at the city hall. They sit accord- 
 ing to their seniority, and the eldest member present is 
 
 * The instructions are, in number, above a hundred, aod never re- 
 corded. They are changeable at the king's pleasure, but rarely un* 
 der,^o aoy very considerable alteration. 
 
History of New- York. 
 
 3G5 
 
 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 car- 
 ried by one of their own members, and the house always 
 rises at his entrance and receives them vStandiog. The 
 council never publish their legislative minutes ; but 
 the assembly always print their own votes ; nor do 
 either of these houses permit strangers to be present at 
 their conventions. 
 
 A counsellor's title is ^ the honourable/ They serve 
 his majesty without salaries. The business of the pri- 
 vy 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 governours. The 
 present members are the honourable 
 
 Cadwallader Colden, Joseph Murray, 
 Archibald Kennedy, John Rutherford, 
 James De Lancey,^ lieu- Edward Holland, 
 
 tenant governour. Sir Wm. Johnson, bart. 
 Daniel Horsmanden, John Chambers, 
 George Clarke, jun. William Smith. 
 The business in council daily increases, 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 of- 
 
 * The olTice of lieutenant governour requires no service, except on 
 the death or in the absence of the governour in chief. It gives no 
 rank in council, nor is there any salary annexed to \U 
 
366 
 
 History of New-York. 
 
 ficer, moves with the army, and sir William JohnsoFi 
 has his residence in the western part of the county of 
 Albany. 
 
 The general assembly consists of twenty-seven re- 
 presentatives, chosen by the people, in pursuance of a 
 writ of summons issued by the governour. 
 
 At the day appointed for their appeal ance, such a^ 
 are elected, convene themselves at the assembly cham- 
 ber, in the city of New-York ; and, by the clerk of 
 the house, inform the governour of their meeting* 
 If they are above thirteen in number, some persons, 
 (generally the judges of the supreme court) are 
 sent to the assembly chamber, empowered by a com- 
 mission 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 bis excellency in the council 
 chamber; and upon his approbation of their choice, 
 which is of course, the speaker addresses himself to the 
 governour, and, in behalf of the house, prays, " that 
 their words and actions may have a favourable con- 
 struction, that the members may have free access to 
 him, and they and their servants be privileged with a 
 freedom from arrests." The governour, after promis- 
 ing 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 
 
History oj New- York. 
 
 367 
 
 them by the council board, as the lords do to the com- 
 mons ; and yet Ihe reasons for this practice are much 
 stronger here than at home. AVhen the governour pass- 
 es the bills sent up to him, both houses are present ia 
 the council c hamber. It is then customary 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 as- 
 sent to this bill, enacting the same, and order it to be en- 
 rolled." 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 follow- 
 ing list of the present members of the house. 
 
 For the city and county of New- York. 
 Paul Hichard, Henry Cruger, William Walton, Johnr 
 Watts, esqrs. each 6s. per diem. 
 
 City and County of Alba n v. 
 Peter Winne, Peter Douw, esqrs. \0s. per diem. 
 
 Westchester County. 
 John Thomas, Frederick Philispe, esqrs. 6^. per diem. 
 
 Suffolk County. 
 Eleazer Miller, William Nicoll, esqrs. 95. per dieui, 
 
 Queen's County. 
 David Jones, Thomas Cornel, esqrs. 6s. per diem. 
 
 King's County. 
 Johannes Lott, Dominicus V anderveer, esqrs. 6s. per 
 diem. 
 
 Ulster County. 
 Johannes Jansen, Moses De Pew, jun. esqr?. 6^. per 
 diem. 
 
 Richmond County. 
 William Walton, Benj. Seaman^ esqrs. 6s. per dierri^ 
 
3cy 
 
 Hislory of JSew-York. 
 
 Dutchess County. 
 Henry Beekman, Henry Filkin, esqrs* 65. per diem* 
 
 Orange Coimly. 
 Tlieocloriis Snediker, Samuel Gale, esqrs. %s. per diem. 
 
 Borough of Westchester. 
 Peter De Lancey, esq. IO5. per diem. 
 
 Township of Schenectady. 
 Jacobus Mynderse, esq. AOs. per diem. 
 
 Manor of Renslaerwyce. 
 John B. V. Renslaer, esq. lOs. per diem^ 
 
 Manor of Liyingston- 
 Robert Livingston, jun. esq. \0s. per diem. 
 
 Manor of Courtlandt. 
 Philip Yer Plank, esq. 65. per diem. 
 The continuance of our assemblies was unlimited, till 
 the political struggles, which took rise in Mr. Cosby's 
 administration, 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 governour Clinton, which is still 
 in fall force. 
 
 No colony, upon the continent, has formerly suffered 
 more than ours, in the opinion of the king's ministers. 
 This has been owing to the ill impressions made by our 
 governoure, who are scarce ever disengaged from dis- 
 putes with tlie lower house. Our representatives, 
 agreeable to the general sense of their constituents, are 
 tenacious in their opinion that the inhabitants of this 
 colony are entitled to all the privileges 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 parliament, 
 which, all things considered, would, at this remote dis- 
 
History of New-York. 
 
 369 
 
 lance, be extremely inconvenient and dangerous. The 
 governours, ort the other hand, in general, entertain po- 
 litical sentiments of a quite different nature. All the 
 immunities we enjoy, according to tliem, not only flow 
 from, but absolutely depend upon, the mere grace and 
 will of the crown*^ It is eas}^ to conceive that conten- 
 tions must naturally attend such a contradiction of sen- 
 timents. Most of our disputes, however, relate to the 
 support of government. Before lord Cornbury's em- 
 bezzlements, the revenue was established for a long pe- 
 riod, but afterwards reduced to a few years. The vio- 
 lent measures, in Mr. Cosby's time, led the assembly to 
 the scheme of an annual provision. These are the 
 words of that much famed address of the house, to lieu- 
 tenant governour Clarke, on the 8th of September, 1737^ 
 previous to the change. 
 
 " The true causes of the deficiency of the revenue, 
 we believe, are too well known to your honour, to make 
 it necessary for us to say much on that head. Had the 
 
 ^ " We are no more than a little corporation. I would advise these 
 gentlemen [assemblies] for the future, to drop those parliamentary airs 
 and style about liberty and property, and keep within their sphere, 
 and make the best use they can of his majesty^s instructions and com- 
 mission ; because it would be high treason to sit and act without it. This 
 is our charter. If we abuse or make a wicked use of his majesty's fa- 
 vours, we are, of them, but tenants at will ; tve only hold them during 
 pleasure and good behaviour." These are the accurate and bright 
 thoughts of the gentleman who published a pamphlet, entitled " an es* 
 say on the governrtient of the colonies," in 1752. Sir William Jones, 
 attorney general to James II. was of a very different opinion. For he 
 told the king, " that he could no more grant a commission to levy rao" 
 uey on his subjects in the plantations, without their consent by an 
 assembly, than they could discharge themselves from their allegiance.^' 
 Tiife of sir William Pbips, p. 23. 
 
 47 
 
370 
 
 History of Nerv-YorL 
 
 conspicuous loyalty of the inhabitants of this province 
 met \\ ith a suitable treatment in return : it is not unlike- 
 ly, but we should now be weak enough to act like oth- 
 ers before us, in being lavish beyond our abilities, and 
 **aising sums unnecessary to be given ; and continued 
 the donation, like them, for a longer time than what 
 was convenient for the safety of the inhabitants : but ex- 
 peiience has shown the imprudence of such a conduct, 
 and the miserable condition to which the provinc e is 
 reduced, renders the raising of large sums very difficult, 
 if not impracticable. We therefore beg leave to be 
 plain with your honour, and hope you will not take it 
 amiss, when we tell you, that you are not to expect 
 that we either will raise sums unfit to be raised ; or put 
 w hat we shall raise into the pow er of a governour to mis- 
 apply, if we can prevent it ; nor shall w e make up any 
 other deficiencies, than what we conceive are fit and 
 just to be paid ; or continue what support or revenue 
 we shall raise for any longer time than one year. Nor 
 do we think it convenient to do even that, until such 
 laws are passed, as w e conceive necessary for the safety 
 of the inhabitants of this colony, who have reposed a 
 trust in us for that only purpose ; and v^hich we are 
 sure you will think it reasonable we should act agree- 
 able to, and by the grace of God w e will endeavour not , 
 to deceive them." 
 
 The sentiments of this address still prevail among the 
 people, and therefore the su( cess of the present solici- 
 tations, for a permanent, indefinite, support, will pro- 
 bably be in vain. 
 
 The matter has been often litigated with great fer- 
 vency on both sides, and the example of the Brititeh par- 
 liament urged ag a precedent for our imitation. To 
 
History of New-York. 
 
 371 
 
 this it is answered, that the particular state of this pro- 
 vince differs so widely from that of their mother coun- 
 try, that we ought not in this respect to follow the 
 custom of the commons. Our constitution, as some ob- 
 serve, is so imperfect, in numberless instances, that the 
 rights of the people lie, even now, at the mere mercy of 
 their governours ; and granting a perpetual support, it 
 is thought, would be in reality little less than the loss 
 of every tiling dear to them. 
 
 It nmst be confessed that many plausible arguments 
 may be assigned, in support of the jealousy of the house. 
 A governour has numberless opportunities, not proper 
 to be mentioned, for invading the rights of the people, 
 and insuperable 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 po* 
 litical frame ; but through our utter neglect of educa- 
 tion, the ancient assemblies consisted of plain, illiterate 
 husbandmen, whose vie ws seldom extended farther than 
 to the regulation of highways, the destruction of wolves, 
 wild cats, and foxes, and the advancement of the other 
 little interests of the particular counties which they 
 were chosen to represent. 
 
 CHAPTER VI. 
 
 Of our Laws and Courts. 
 
 The state of our laws opens a door to much contro*- 
 versy. The uncertainty, with resf^ect to them, renders 
 property pre^carious^ ami greatly exposes us to the 
 
37'I History of New-York. 
 
 bitrary decisions of bad judges. The comriion law oL 
 England is generally received, together whh such sta- 
 tutes as were enacted before we had a legislature of our 
 own. But our courts exercise a sovereign authority 
 in determining what parts of the common and statute 
 law ought to be extended ; for, it must be admitted, 
 that the difference of circumstances necessarily requires 
 us, in some cases, to reject the determinations of both. 
 In many instances they have also extended, as I have 
 elsewhere observed, even acts of parliament, passed 
 ^ince we have had a distinct legislation, which is adding 
 greatly to our confusion. The practice of our courts 
 is not less uncertain than the law. Some of the English 
 rules are adopted and others rejected. Two things^ 
 therefore, seem to be absolutely necessary for the pub- 
 lick security : 
 
 First, The passing an act for settling the extent of 
 English laws. And^ 
 
 Secondly, That the courts ordain a general set of 
 rules for the regulation of the practice. 
 
 To give a particular account of our laws, civil and 
 criminal, cannot be expected in this work. All lands 
 are held of the crown by soccage tenure, as those of 
 East Greenwich, at home, in the county of Kent ; and 
 the manner of obtaining a title to such as are vacant, or 
 in possession of the Indians, is this : 
 
 Formerly the custom was to apply to the governour 
 in council, for a license to purchase lands of the natives 
 in his majesty's name. A deed was then privately ob- 
 tained from the Indian proprietors to the king, and an- 
 nexed to a second petition to the governour, for a war- 
 rant to the surveyor general, to make a survey of the 
 quantity purchased. Another warrant, upon the re-= 
 turn of the survey, was then isfeued to the attorney ge- 
 
History of New-York. 
 
 373 
 
 iieral, 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 
 governour. ' 
 
 In these surveys and deeds, more lands were often 
 included than the Indians intended to sell ; and these 
 frauds being frequently complained of, an order was 
 made by the governour and council, in 1736, that 
 thenceforth no Indian deed should be taken until the 
 land proposed to be granted was actually surveyed by 
 the surveyor general, or one of his deputies, in the pre- 
 sence of the Indian proprietors ; that the bounds of the 
 tract should be then entered in the deed, and a certifi- 
 cate endorsed that they are agreeable to the survey, 
 and that he saw the consideration money or goods, bo- 
 na JidCy delivered to the vendors. 
 
 The patenting of lands, has long been, and still con- 
 tinues to be, very expensive. 
 
 Our law judicatories are numerous ; I begin with 
 the lowest. 
 
 Of the Justices' Court. Justices of the peace are 
 appointed by commission from the governours, who, to 
 serve their purposes in elections, sometimes grant, as it 
 is called, the administration to particular favourites in 
 each county, which is the nomination of officers civil 
 and military ; and, by these means, the justices have 
 been astonishingly multiplied. There are instances of 
 some who can neither write nor read.^ These genii. 
 
 Lord Bacon's observation, that Hhere are many who count it a 
 credit to be burdened with the office of a justice of the peace, is very 
 applicable to us. Bacon's Avorks, fol. vol. ii. p. 151. The statute of 
 38 Hen. Vltl. limited the number of justiceR eight in a county. 
 
374 
 
 History of New-York. 
 
 besides their ordinary powers, are by acts of assembly 
 enabled to hold courts for the determination of small 
 causes of five pounds and under ; but the parties are 
 p) ivileged, if they choose it, with a jury of six men. The 
 proceedings are in a summary way, and the conduct of 
 the justices has given just cause to innumerable com- 
 plaints. The justices have also a jurisdiction with re- 
 spect to crimes under the degree of grand larceny. 
 For any three of them (one being of the quorum) fuay 
 try the criminal, without a jury, and inflict punishments 
 not extending to life or limb. 
 
 The Sessions and Court of Common Pleas. The 
 court of common pleas takes cognizance of all caus- 
 es where the matter in demand is in value above 
 five pounds. It is established by an ordinance of the 
 governour in council. The judges are ordinarily three, 
 and hold their offices during pleasure. Through the 
 infancy of the country, few, if any of them, are acquaint- 
 ed with the law. The practice of these courts is simi- 
 lar to that of the common bench at Westminster. Tliey 
 have each a clerk commissioned by the governour, who 
 issues their writs, enters their minutes, and keeps the 
 records of the county. They are held twice every 
 year. These judges, together with some of the justices, 
 hold, at the same time, a court of general sessions of the 
 peace. 
 
 The Supreme Court. The jurisdiction of this court 
 extends through the whole province, and its powers are 
 very great. For it takes cognizance of all causes civil 
 and criminal, as fully as the king's bench and common 
 pleas at Westminster. In civil controversies, the value 
 of the sum demanded must exceed twenty pounds. This 
 court hae four terms in a yeai^^ and always sits at New- 
 
History of New-York. 
 
 375 
 
 York.^ The judges, for many years past, have been 
 but tliree. The chief justice has ten shillings, as a per- 
 quisite, upon the fir^t motion in every cause, together 
 with an annual allowance of 300/, The second and 
 third justices have also yearly appointments, too in- 
 C( nsiderable to be worth mentioning. They hold their 
 offices by separate commissions under the great seal of 
 the province, which were formerly during pleasure, but 
 of late quam diu se bene gesseriatf 
 
 The supreme court was, at tirst, established by seve^ 
 ral laws of the province ; but the terms were, afterwards, 
 directed by an ordinance of the governour and council, 
 i^v^hich is alterable at pleasure. 
 
 Whether this court has a right to determine causes 
 in a course of equity, was a question much litigated, 
 during the troubles in the several administrations of 
 Mr. Cosby and Mr. Clarke. Colonel Morris, afterwards 
 governour of New-Jersey, sat then as chief justice upon 
 the bench, and delivered a long, argumentative, opinion 
 in the negative^ The people were, in general, on that 
 
 * The terms commence on the third Tuesdays in January, April and 
 October, and on the last in July. The first and last continue fiv^ 
 days, and the two other terms ten. 
 
 f Prosecutions, by information, are often commenced in the supreme 
 court by order of the governour and council, and criminals sometimes 
 committed by their warrants ; for wliich reason some are of opinion 
 that the judges ought not to be members of that board, which is fre- 
 quently the case. 
 
 J See the printed opinion, and the arguments of messieurs Alexan- 
 der and Smith, for the defendant. Van Dam, adversus the attorney 
 general ; in support of a plea to the jurisdiction of the snpreme court, 
 on a bili filed there for governour Cosby in a course of equity. iSew- 
 York printed by John P, Zenger, 1733, 
 
376 
 
 History of New- York. 
 
 side, and the exchequer court bell scarce ever rung, but 
 the city was all in confusion. Petitions against the 
 court, from several parts of the province, came up to 
 the assembly, who desired to hear counsel ; and ac- 
 cordingly Mr. Smith and Mr. Murray, delivered their 
 opinions at their request, both which were afterwards 
 printed by their order. The former, who spoke first, 
 urged numerous authorities, to prove that no court of 
 equity could be legally established except by prescrip- 
 tion or an act of the legislature, and concluded with 
 these words — " 'Tis with the greatest submission that I 
 tender my opinion upon these points. — T have said no- 
 thing with a design to offend any man, nor have I omitr 
 ted saying any thing that I thought might tend to the 
 publick good. Liheravi 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 com- 
 mon to all the freemen of this province. I profess the 
 greatest veneration for the laws of my country, and am 
 glad of every opportunity to do them publick honour. 
 They place our liberties upon the firmest basis, and put 
 our properties under the surest protection. I rejoice 
 in the security that we have of a long enjoyment of 
 them by the settlement of the succession in the house 
 of Hanover. — 'Tis the excellency of our constitution^ 
 and the glory of our princes, that they are sovereign 
 over freemen, and not slaves. 'Tis the misery of an 
 arbitrary government that a man can enjoy nothing 
 under it;, that he can call his own. Life, liberty, and 
 
History of New-Yorh 
 
 property, are not his, but all at the will and disposal of 
 his tyrannical owner. I don't wonder that our ances- 
 tors have been always so jealous of their liberties : how 
 oft have they bravely fought, and nobly died, in the de- 
 fence of them ? we have received our liberties and our 
 laws, as an inheritance transmitted to us in the blood of 
 our fathers. How highly therefore should 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 our own fig trees, and none will make us 
 afraid. We shall see our country flourish, and our- 
 selves a happy people. But if an arbitrary power over 
 our liberties and properties be let in upon us, but at a 
 back door, it w ill certainly drive many of us out of our 
 habitations ; and 'tis to be feared, will once more re- 
 duce our country to a wilderness, and a land without 
 inhabitant : which we doubt not but this honourable 
 house will take care to prevent." 
 
 Mr. Murray laboured to show that the chancery, 
 king's bench, common pleas and exchequer, were of 
 original jurisdiction by the constitution of England ; 
 and was fearful that our establishment of these courts 
 here by an act of assembly, would draw into question 
 our equal rights to all the liberties and privileges of 
 Englishmen. He closed his opinion in this manner : 
 
 " Arid now, Mr. speaker, I have in the best manner 
 that I was capable of, performed what this honourable 
 house desired of me, in giving truly my sentiments up- 
 on the subject matter of these petitions. 
 
 " Mr. Smith, in delivering his sentiments last Friday^ 
 did, in so handsome and elegant a manner, fully prove 
 that the people of this colony are undoubtedly entitled 
 
 48 
 
37^ Bistory of New- York. 
 
 to the customs, laws, liberties, and privileges of Eng- 
 lishmen, that it was needless for me to attempt the 
 proof thereof, which otherwise I should have done. But 
 1 do entirely agree with lam, in all that he said on \h?i 
 head ; and I hope I have proved that the fundamenliil 
 courts, by the Jaws of England, are as much part of 
 those liberties and privileges, and as much by the cus« 
 turns and laws of England, as any other of their liber- 
 tij s and privileges are ; and of consequence, the people 
 here as much entitled to those fundamental courts, as 
 
 their other privileges ; and have endeavoured to an» 
 SA'^er all the objecti^ ms that I had heard were, or thought 
 could be, made against our being entitled to the same 
 courts. And upon the whole thereof, as there has been 
 n)uch talked about the liberties and privileges of the 
 people, I would beg leave only to propound this one 
 question, who is he that argues most in favour of the 
 liberties of tiie people ? he wh^ affirms and proves 
 that they are entitled to those liberties and privileges^ 
 laws and customs of England, and the good old original 
 courts, that are by those laws, without an act? or, 
 be w^ho argues and says we are not entitled to tliem^ 
 until an act is passed to establish them ? I suppose 
 the answ er would be given, without hesitation, in favour 
 of the former* 
 
 " But, Mr. speaker, if it yet should be said, that there 
 is a necessity for making acts relating to those couits^ 
 I would beg leave to offer to this honourable house tfie 
 iiintati^m of such laws relating to those courts, as the 
 wise legislature of England have thought fit to make^ 
 I presume it will not be said there can be a better pat- 
 tern offered for the assembly to go by. And it is not 
 \i> be sujiposed but ttiat the parlidment at home has 
 
History oj New-Yorh 
 
 37^ 
 
 inade all the regulations Iherein that can be thought 
 necessary ; whereas going into new schemes and new 
 inventions, may be attended with many inconveniences^ 
 which, when they happen, may not be so easily reme- 
 died. 
 
 " And I beg leave to conckide^ by praying that God 
 Almigiity may guide, direct, and influence this honour- 
 able house in their debates and consultations upon this 
 momentous affair, and that the end thereof may be for 
 the good of all the inhabitants of this colony/* 
 
 The opposition to the esche€j[uer became now strong- 
 er than before the counsel were heard. And, therefore^s 
 under these discouragements, the court has taken cog-^ 
 nizance of no cause since Vasi Danrs^ nor has that in- 
 deed ever been determined.^ 
 
 * Sir John Randolph wrote his sentifneats concerning these dispule^i 
 to captain Pecrse. And as he vv&s an eminent lawyer^ in Virgiaia, £ 
 doubt not his letter will be acceptable to the reader. 
 SIR, 
 
 " By your request I have perused and considered the arguments aC 
 Mr. Smith and Mr. Murray, before the ^^eneral assembly of New York^ 
 in relation to the coMrt of eqiiily esitablished there in a new court of 
 exchequer ; which, I perceive, was done principallj^ for determining a 
 dispute betvrt en the i^overklour aad the president of the council, about 
 their right to the salary annexed to the oiFice of the commander ia 
 chief, wliether he be the gov eroour or president ; and it seems strange 
 to me, that upon such an occasion, so extraordinary a step should be 
 taken as the erecting of a new court, exempted from the rules of the 
 proceeding at the common law, when the matter might hare been de^ 
 cided in an action of the case upon ae indebitatus assumpsit, which is 
 the settled method and most expeditious remedy in cases of that na- 
 ture, 
 
 " Both these gentlemen seem to have agreed in one point, that it was 
 necessary to trace the court of chancery and the equity court in the 
 exchequer back to their original institutiQH, i» ord^r to »how whether 
 
380 
 
 ' History of New-Yorh 
 
 The judges of this court, according to an act of as- 
 sembly, are judges of Nisi Prius of course ; and, agree- 
 
 the governoiir of a new plantation, hatli a po wer or not, to erect courts, 
 in imitation of these high and ancient courts in England. And from 
 their 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, cannot be obtained in New-York. I own I do not 
 understand the force of this sort of reasoning ; nor can I conceive how 
 any enquiry into the original of the high court of chancery, which must, 
 after all, end in a mere conjecture, can afford the least assistance in 
 forming a right judgment upon this question, which must depend upon 
 the particular constitution of these foreign colonies. 
 
 " The court of chancery, in England, has its being from custom and 
 usage, to which it owes its legality. If it were to be erected now by 
 the king's power, it could not stand ; therefore it is undoubtedly a great 
 absurdity to suppose, that upon the planting every new colony by the 
 subjects of England, new courts must spring up, as it were, from the 
 roots of the ancient courts, and be established without the consent of 
 the legislature ; because we can imitate their methods of proceeding, 
 though we are very imperfect in comparison to their reason and judg- 
 ment. Then I think there is another impropriety in the debate of this 
 question : they would argue from the power and prerogative of the 
 king, to entitle a governour to act in the same manner. I think, be- 
 fore they turn a governour into a king, they should take care to pro- 
 vidf' for him the same sufficiency of wisdom, and as able a council : 
 therefore I must suppose a mighty difference between the power of a 
 king and the goveruours abroad. — Their instructions^ as to the erect- 
 icg of courts, or the authorities granted in their patents for that purpose, 
 are not uow, as ihvy were in the beginning wher; there were no courts : 
 but proper judicatures being long since established, there is an ew of 
 their power in that respect ; and if ^ny alteration is found necessary, it 
 mm t certJ^inlj be done by the consent of the legislature. The kings of 
 England have always, so tar as I am acquainted with the history of the 
 plantations, used a particulnr tenderne s in the business of erecting their 
 court: >f jotlirature, by directing their governours to take the advice of 
 the general assembliers in that matter, and I dare say, that if the patents 
 
Hislory of New-YorJc. 
 
 381 
 
 able to an ordinance of the governour and council, per- 
 form a circuit through the counties once every year. 
 
 and instructions of the govefoour of New-York were to be inspected, no 
 sufficient warrant will be found in them to exercise i\m 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 must be governed, must subject the estates of that people to 
 an arbitrary rule, so far as they are restrained from appealing to an high? 
 er jurisdiction, and may enslave them to the weak, if not corrupt, judg- 
 ments of those men. It really seems to be a siagular misfortune to the 
 people of New- York, that a question of this nature should be so far 
 countenanced as to become a subject of argument, when, I believe, in 
 any other colony, it would not have been thought a matter of any doubt 
 or the least difficulty. But above all, it is most extravagant, that a 
 court of equity should be erected for the trial of a cause, of which, 
 without doing violence to its nature, it cannot have any jurisdiclitm ; and 
 I have wondered, in so warm a debate, that this p©int has been passed 
 over. I think nothing could entitle the court of equity to proceed in 
 the cause between the governour and Van Dam, unlers there was a want 
 of proof of Van Dam's receiving the money in dispute, which I suppose 
 is impossible, since it must have issued out of the publick treasury of the 
 province. If I had been to have argued this point, I should have taken 
 a very different method from those gentlemen. Instead of takii^g 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 par- 
 ticular government, as it is grounded either upon treaties or grants from 
 the crown of England ; for as New- York was a conquered country, it is 
 very probable something may have been stipulated between the ttates 
 General and the crown of E gland, in behalf of the subjects of Holland, 
 which were left there in possession of their estates and so became sub- 
 jects to England. If there was any such treaty, tha: must be looked 
 upon as the fundamental law of the province ; and next to that the king's 
 charters must take place. I do not at all doubt, but >ome way or 
 other, the common \aw was established there, and if not, as there is a 
 legislature, I su«)pose it is adopted, by ihe country! (br fhere is, un- 
 doubtedly, a great difference between the people of a conquered country 
 
382 
 
 History of New-York. 
 
 They carry with them, at the same time, a «ommfe 
 sion of oyer and terminer and general gaol deliverv, in 
 which some of the county justices are joined. 
 
 The judges and piactisers in the supreme, and 
 all other courts, wear no peculiar habits, as they do at 
 Westminster hall, and in some of the West India isl- 
 ands ; nor is there, as yet, any distinction or degrees 
 among the lawyers. 
 
 The door of ad^rdssion into the practice is too ope Do 
 The usual preparatories are a college or univt rsity 
 education, and three years apprenticeship ; or, without 
 the former, seven years eervice under an attorney. In 
 either of these cases, the chief justice recomrnends the 
 candidate to the governour, who thereupon grants a li- 
 cense to practise under his hand and seal at arms. Thie 
 being produced to the court, the usual state oaths and 
 subscriptions are taken, together with an oath for hm 
 upright demeanour, and lie is then qualified to practise 
 
 and colonies established by the kiag'<< consent by the subjects of Eng- 
 land. The common law follows them wherever they go ; but as to the 
 other, it must arise either from treaties or grants ; therefore it is a piiy, 
 fevery thing in relation to this matter has been omitted, which would have 
 beea of great use to those who are unacquainted with the facts> in fom- 
 ing a judgment in this case. I cannot forbear observing a mighty weak- 
 ness in the lawyers of New-Y )rk, in blindly following a common errour 
 in relation to the statutes of England being in force there ; whereas there 
 is no foundation in sense or reason for such an opinion. The common 
 law must be the only rule ; and if we wade into the statutes, no man can 
 tel» what the law is. It is certain all of them cannot bind, and ta know 
 which do, was always above my capacity. Those that are declarative 
 of the common law, serve us rather as evidences, than by any binding 
 quality^ as statutes. 
 
 " I am. sir, yomr laost obedient servant, &c. 
 
History oj New-Yorh 3B3 
 
 in eyery court in the province. Into tlie county courts 
 attornies are introduced with still less ci^remony. For 
 our governours have formerly licensed all persons, how 
 indifFerently soever recommended ; and the profession 
 has been shamefully disgraced, by the admission of men 
 not only of the meanest abilities, but of the low^est em- 
 ployments. The present judges of the supreme court 
 are the honourable (for that is their title) 
 
 James De Lancey, esq. chief just ice* 
 John Chambers^ esq. second justice. 
 Daniel Horsmaoden, esq* third justice. 
 They have but two clerks ; one attendant upon the 
 supreme court at New-York, and the other on the cir« 
 cuits. The former seals all their process and is keeper 
 of the records* 
 
 The Court of Admiralty. The only officers of 
 this coufi are the judge^ or commissary, the register 
 and marshal. The present judge^ Lewis Morris^ esq^ 
 has, by his commission,^ a jurisdiction in all mnntluie 
 aflairsj not only heie, but in the colonies of New -Jer- 
 sey and Connecticut. The proceedings before him are 
 in English, and according to the course of the civil law% 
 The Prerogatite Court. The business of this court 
 relates to the probate of last wills and te>taments, and 
 the grants of letters of administration on intestates' es- 
 tates. The powers, relative to these matters, are commit'- 
 ted to the goveroour, who acts ordinarily by a delegate* 
 The Court of the Governour and Council. The 
 authority of this court is best seen in the instruction on 
 which it depends. 
 
 " Our will and pleasure is, that you, or the command- 
 er in chief of our said province, for the time being, do 
 
 * II fe uader the ineal ©f ihe admiidljs and dated Jamiary l^^ 1^3^. 
 
Ilislory of JSew-Yorh. 
 
 in all civil causes, on application being made to you, or 
 the commander in chief for the time being, for that 
 purpose, permit and allow appeals, from any of the 
 courts of common law in our said province, unto you 
 or the commander in chief, and the council of our said 
 province ; and you are, for that purpose, to issue a writ, 
 in the manner which has been usually accustomed, re- 
 turnable before yourself and the council of our said 
 province, who are to proceed to liear and determine 
 such appeal ; wherein such of our said council, as shall 
 be at that time judges of the court from whence such 
 appeal shall be so made, to you our captain general, or 
 to the commander in chief for the time being, and to 
 our said council, as aforesaid, shall not be admitted to 
 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 aU such appeals, the 
 sum or value appealed for, do exceed the sum of ^ three 
 hundred pounds sterling ; and that security be first du- 
 ly given by the appellant, to ans^wer such charges, as 
 shall be awarded in case the first sentence be affirmed ; 
 and if either party shall not rest satisfied with the judge- 
 ment of you, or the commander in chief for the time be- 
 
 * Before the arrivel of sir Danvers Osborn, appeals were given to 
 the j^overoour and council, in all causes above lOOl. sterling, and 
 to the king in council in all those above 3001. sterling. By this 
 instruction the power of the supreme court and the governour and 
 council is prodigiously augmented. In this infant country few 
 contracts are equal to the sums mentioned in the instruction, and 
 therefore an uncontrolable authprity in our courts may be dangerous 
 to the property and liberties of the people. Proper checks upon judg- 
 es preserve them both from indolence and corruption* 
 
History of New-York. 
 
 385 
 
 iilig, and council as aforesaid, our will and pleasure is, 
 that they mtiy then appeal unto us in our privy council. 
 Provided the sum or value so appealed for unto us, ex- 
 ceed 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 effectually 
 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 affirmed. Pro- 
 Tided nevertheless, 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 be bound, 
 in all such cases, you are to admit an appeal to us in 
 our privy council, though the immediate 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 in- 
 structions, you are to admit appeals to us in our privy 
 council, execution be suspended, until the final deter- 
 mination of such appeals, unless good and sufficient se- 
 curity be given by the appellee, to make ample restitu- 
 tion of all that the appellant shall have lost, by means 
 of such judgment or decree, in case upon the determi- 
 nation of such appeal, such decree or judgment should 
 be reversed, and restitution awarded to the appellant.'"' 
 The Court of Chancery. Of all our courts, none 
 has been more obnoxious to the people than this« 
 There have been (as I have already shown) few admin- 
 istrations since its first erection, in which our assemblies 
 have not expressed their disapprobation of its constitu- 
 tion by ordinance, and the exercise of the chancellor'? 
 power by the governour. During the admmistratiQn 
 
 49 
 
History of Nerv-Yorh 
 
 of governour Cosby, a bill was filed by sir Joseph 
 E \ les and others, to vacate the oblong patent granted 
 by his immediate predecessor to Hauley and company. 
 The defendants excepted to the governour's jurisdicti<m 
 but -being overruled, they resorted to the assembly 
 with a complaint, and the house, on the 6th of JNovem- 
 ber, 1735, resolved, 
 
 " That a court of chancery, in this province, in the 
 hands or under the exercise of a governour, without 
 consent in general assembly, is contrary to law, unwar- 
 rantable, and of dangerous consequence to the liberties 
 and properties of the people/' 
 
 The same sentiments obtained among the people in 
 IVlr. Clarke's time, as is very evident in the memorable 
 address of the assembly, in 1737, a part of which, rela- 
 tive to the court of chancery, is too singular to be sup- 
 pressed. 
 
 The settling and establishing of courts of general 
 jurisdiction, for the due administration of justice, is ne- 
 cessary in every country, and we conceive tliey ought 
 to be settled and established, by the acts of the whole 
 legislature, and their several jurisdictions aiid powers 
 by that authority limited and appointed, especially 
 courts that are to take cognizance of matters in a course 
 of equity. — This has been the constant practice in Eng- 
 land, when new courts were to be erected, or old ones 
 to be abolished or altered ; and the several kings of 
 England, in whose reigns those acts were made, never 
 conceived, that the settling, erecting, or abolihhirjg 
 courts, by acts of the legislature, had any tendency to 
 destroy or in the least to diminish their just and legal 
 prerogatives. — It was the method in use here, both be* 
 fore and since the revolution, and pailicularly recom- 
 
History oj New-York. 
 
 387 
 
 mended to the assembly to be done in that nnanner, by 
 a message from gfovernour Sloughter and council, on the 
 15th day of April, 1691. He was the first govern )ur 
 since the revohition ; and the governours that since 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 fro«n 
 time to time been given to the governours of this pro- 
 vince, seem clearly to point out the doing of it, by acts 
 of the legislature, and not otherwise, as may be gather- 
 ed from the instruction, for the erecting of a court for 
 the determining of small causes, by which there are po- 
 sitive directs >n-^ given to the governours to recommend 
 it to the asse?nbly, that a law should be passed for that 
 purpose ; but notwithstanding these directions, given in 
 direct and express terms, the governours never would 
 apply for such an act, but erected that court by an or« 
 dinance of themselves and council, as they did 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 dissatisfaction the 
 erecting of a court of chancery, in that manner, gave the 
 generality of the people. — This was very manifest by 
 the resolves of the general assembly, at the time of its 
 first being so erected, and often since, declaring the il- 
 legality of such a proceeding. And though these re- 
 solves have been, as often as made, treated by the go- 
 vernours with an unreasonable disregard and contempt 
 of them, yet to men of prudence, they might have been 
 effectual, to have made them decline persisting in a 
 procedure so illegal^ and so generally dissatisfactory ; 
 
388 
 
 History of New-York. 
 
 and which (as they managed it) proved of no use toth^ 
 publick or benefit to themselves. For as few of them 
 had talents equal to the task of a chancellor, which they 
 had undertaken to perform, so it was executed accord- 
 ingly. Some of them being willing to hold such a 
 court, others not, according as they happened to be in- 
 fluenced by those about them. So that were it really 
 established in the most legal manner (as it was not) yet 
 being in the hands of a person not compellable to do his 
 duty, it was so managed, that the extraordinary delays 
 and fruitless expense attending it, rendered it not only 
 useless, but a grievance to the inhabitants, especially 
 those who were so unfortunate as to be concerned in it: 
 which we hope you think with us, that it is high time 
 should be redressed. 
 
 Your honour well knows, that the establishing that 
 court, in the manner it has been done, has been a sub- 
 ject of contention, between the governours and the as- 
 sembly : and since it is confessed by all, that the esta- 
 blishing both of that, and other courts, by act of the 
 legislature, is indisputably legal, and gives them the 
 most uncontrovertible authority ; and if unquestionably 
 legal, what is so, cannot be destructive of his majesty's 
 prerogative. — W e therefore hope, you will make no 
 scruple of assenting to this bill, to put an end to a con- 
 tention, that has not been, nor will be, while it contin- 
 ues, beneficial to his majesty's service." 
 
 From this time, the chancery has been unattacked by 
 the assembly, but the business transacted in it is very 
 inconsiderabie. A court of equity is absolutely neces- 
 sary, for the due administration of justice ; but whether 
 private property ought to be in the hands of the gover 
 
History of New- York. 
 
 389 
 
 Hours, I leave others to determine.^ As the publick 
 business of the colony increases, few of them, I believe 
 will be ambitious of the chancellor's office, as they have 
 not the assistance of a master of the rolls. The pre- 
 sent officers of this court (which is always held in the 
 council chamber at the fort) are, his excellency sir 
 Charles Hardy, kn' . chancellor, two masters, two clerks, 
 one examiner, a register, and a serjeant at arms, and 
 not one of them has a salary. In our proceedings we 
 copy after the chancery in England, and indeed in all 
 our courts, the practice at home is more nearly imita- 
 ted in this and New-Jersey, than in any other province 
 upon the continent. Few of our assemblies have been 
 capable to concert any new regulations of this kind ; 
 and hence the lawyers have had recourse to the English 
 customs and forms, which they have generally adopted. 
 While the New-England colonies, through the superior 
 education of their representatives, have introduced num- 
 berless innovations, peculiar to themselves ; the laws 
 of our mother country have gradually obtained here, 
 and, in this respect, the publick has perhaps received 
 advantages, even from the ignorance of our ancestors. 
 
 * Some are of opinion that the governour's jurisdiction in this, and 
 the spiritual, or prerogative court, are incompatible. 
 
CONTINUATION 
 
 OF THE 
 
 HISTORY OF NEW-TO?tK. 
 
CONTIMUATIOH 
 
 OF THE ; 
 
 HISTORY OF HEW-YORK. 
 PART VIL 
 
 From the year 1732 to the year 1736, including the 
 7vhole period of Governour Cosby'' s Administration, 
 
 § I. Cosby's popularity. § IT. Meeting of the assembly. § III. Wig 
 tax, and garrison at Oswego. § IV. Other taxes toted, and pro- 
 ceedings of the assembly, § V. Adjournment, and second meeting. 
 § VI. Court of equity. § Vll. Quakers. § VIII. Agent at the 
 court of Great Britain. § IX. Zenger's papers censured. § X. 
 Jealousy of Great Britain on account of the colonial trade. § XL 
 Further taxes voted, § XII. Assembly pray to be dissolved. 
 § XIII, Measures of the governour become odious. § XIV. Rip 
 Van Flam suspended from the council. § XV. Death and character 
 of Cosby. 
 
 The administration of governour Cosby connmenced. 
 under very favourable auspices. The attempts which 
 had been made in the British parliament the preceding 
 year for the encouragement of the sugar colonies,^ and 
 the consequent depression of the American trade, had 
 excited general apprehension in the colony of New- 
 York for the safety of her commerce. Governour 
 Cosby, while in England, had been very active in his 
 opposition to these measures* The bill after a violent 
 
 * See notes. 
 
 50 
 
394 
 
 Hislory of New-York. 
 
 struggle had passed the house of commons, but was re- 
 jected in the house of lords. No person could have 
 been selected, therefore, for the government of New- 
 York, who would have been more popular than go- 
 vernour Cosby. On his arrival he issued his proc lama- 
 tion adjourning the assembly to the 19th of August, 
 1732. The members of the council consisted, at this 
 tifue, of Mr. Van Dam, (the former president of the 
 colony) Messrs. Clarke, Harrison, Alexander, Van 
 Horne, Horsmanden, Kennedy, De Lancey, Courtlandt, 
 and Lane. 
 
 ^ IL The assembly having met, according to the gover- 
 nour's proclamation, immediately voted that an address 
 should be presented to his excellency, congratulating 
 him on his safe arrival, and to return him the thanks of 
 the house for his opposition, while in England, to the 
 attempts in favour of the sugar islands. 1 his vote was 
 in accordance with the measures which had been adopt- 
 ed by the. assembly at its session in the September pre- 
 ceding. At that tune they had unanimously declared 
 their repugnance to this injurious project. They bad 
 pronounced the bill, then pending in parliament, for 
 the better securing and encouraging the trade of his 
 majesty's sugar islands in America,'' to be highly de- 
 trimental to all the British northern colonies in general, 
 and in particular to New- York : that it would deprive 
 them of the means of vending the produce of the colo- 
 ny, diminish its navigation, subject it to unreasonable 
 hardships, and, in the end, disable it from consuming 
 such large quantities of British manufactures as were 
 annually imported into it. The president, Van Dam, 
 had been earnestly requested to remonstrate to his ma- 
 jesty, his ministers of state, and tlie lords for trade and 
 
History of New-YorJc. 
 
 395 
 
 plantations, ac^ainst the proposed measure. Its failure, 
 therefore, was extrein ^y agreeable to the colony. Go= 
 vernour Cosby was flattered with the vote of the as- 
 sembly, and in his answer took no little credit up jn 
 himself for having contributed towards the defeat of 
 the bill before parliament* He likewise plainly inti- 
 mated to the house his confidence in receiving from it 
 a revenue in as full and aiuple a manner as had beea 
 granted by former assemblies, and requested its atten- 
 tion to the garrison at Os^vego, representing the place 
 to be in a ruinous condition, and its importance in se- 
 curing and maintaining the Indian trade. The assem^ 
 bty, in its answer to the governour, was, as u:»ual, pro- 
 fuse in terms of respect, but cautious in committing it- 
 self as to revenue or money matters. It assured the 
 governour of its disposition to concur in the measures 
 recommended, so far as the circumstances of the colony 
 would reasonably allow ; that it would concur in any 
 new law for the encouragement of trade, the protection 
 of religion, and the preservation of the just rights and 
 liberties of the colony. The governour expected some* 
 thing more explicit. He took occasion in his reply to 
 inform the assembly that he expected that it would 
 comply with what he had demanded for the support of 
 bis government. This language from the governours 
 of the colony was not uncommon. Representing the 
 majesty of England, their speeches were usually mark- 
 ed with the saine spirit that characterized addresses 
 from the throne. The house of assembly was viewed 
 by them in the same light as the house of commons was 
 viewed by the crown in England. Demands for supplies 
 were frequently answered by murmurs and complaints* 
 This colonyj however, had miK:h reason to complain of 
 
396 
 
 History of New- York. 
 
 its heavy burthens. The wars between France and 
 England had ahnost drained its resources, and subject- 
 ed it to a heavy debt. 
 
 ^ III. The first me^tsure adopted by the assembly was 
 to order bills to be brought in to regulate the excise, 
 to settle a revenue on the governour, and to regulate 
 the militia. The treasurer of the colony having been 
 directed to make a report to the house of certain ac- 
 counts, stated the following receipts into the treasury 
 uince his last report, to wit : nine pounds seventeen 
 shillings and five pence, on account of the tax on wigs ; 
 one thousand and twelve pounds six shillings and six 
 pence on account of the excise, twenty-five pounds on 
 account of licenses to hawkers and pedlars. The tax 
 on wigs was undoubtedly a wise and prudent uieasure. 
 A custom had about this time been introduced for 
 young men, and even boys, to conceal their own hair 
 under large and spacious wigs. To repress a custom 
 so absurd or to make it a subject of revenue, had been 
 the object of the legislature. The house next directed 
 enquiries to be made as to the state of the garrison at 
 Oswego. The result was that that fort had formerly 
 been victualled by Harmanus Wendell, who had been 
 employed for the purpose, and that captain Jacob Glen, 
 had, by direction and in behalf of captains John De 
 Peyster, John Schuyler, and John Jurriancast under- 
 taken to victual his majesty's troops at Oswego, 
 and to perform certain other services there, for three 
 years, at the rate of 456/. per annum. The next 
 subject which came before the house claimed an 
 unusual share of its attention. It was represented that 
 many of the fees exacted from the people by publick 
 officers, and by the practitioners of the law, were very 
 
History of Ntw-York. 
 
 397 
 
 exorbitant and unwarrantable : That under colour of 
 law the greatest abuses had been committed ; and a 
 number of cases were mentioned in which parties had 
 been ruined by the heavy expenses of litigation ; and 
 likewise some gross instances of fraud and corruption 
 were stated to the house. The assembly appointed a 
 committee to settle and regulate the fees, and, unwilling 
 to offend the governour, it soon directed its attention 
 to the ways and means necessary for raising a revenue- 
 
 ^ IV. The house voted a tax or duty upon negro slaves, 
 wines, shrub, spirits, molasses, cocoa, and dry goods im- 
 ported into the colony ; but ordered that the monies be 
 paid directly to the treasurer of the colony. It voted 
 large supplies for the support of the garrison at Oswego, 
 and imposed a tax upon persons trading with the Indians. 
 Having thus satisfied the demands of the governour, the 
 house proceeded to other subjects connected with the 
 prosperity of the colony, the promotion of trade and 
 agriculture, and the cultivation of literature. Bills 
 were brought in, and passed, for regulating and laying 
 out roads in Kings, Orange, Ulster, Westchester, and 
 some other counties ; for preventing the destruction of 
 sheep by dogs and wolves ; for the relief of imprisoned 
 debtors, and punishment of felons ; for building court 
 houses and gaols ; for preventing desertion in the ar- 
 my ; for encouraging a publick school to teach Latin^ 
 Greek, and the mathematicks ; for discharging the seve- 
 ral demands upon the trading house at Oswego, and for 
 confirming to the city of New- York its rights and pri- 
 vileges. The house likewise fixed the salary of the 
 governour at 1560/. per annum ; of the chief justice at 
 300/. and the second justice at 150/. It voted 600/. 
 for the garrison at New- York ; 230/, for the garrison 
 
m 
 
 History of New- York. 
 
 and commissioners of Indian affairs at Albnny ; atKi 
 eerlain other sums for the support of some of ttie offi- 
 cers of government. It declared also that a fort ought tor 
 be built at Albany ; that some fortifications were neces- 
 sary in Suffolk county, aud that the city of Nevv-Yorfe; 
 ought to be blotter fortified. It requested the gover- 
 Hour, when he should go to Albany, to cause a plan la 
 be made of the fort necessary there to be built, and aix 
 estimate of the expense to be laid before the house. 
 Samuel Baker, George Straatfield, Samuel Starke, 
 Richard Janeway, Joseph Low, and fiodrigo Pacheco, 
 reputable merchants,, in London, were authorized by- 
 the house to appoint an agent for the colony at the 
 court of Great Britain, with a salary of 200/. and hav- 
 ing directed 1000/, to be paid to the governour m 
 grateful acknowledgment of the vigilant and genenms 
 assistance which he and his relations and friends had[ 
 afforded in resisting the bill in parliament relative to 
 the sugar colonies, it expressed a wish to the govemour 
 to be dissolved. The governour, after giving Ids as- 
 sent to twenty-two bills, recommended an adjournment. 
 
 § V. The assembly accordingly ad journed itself to the 
 second Tuesday of April, 1733 ; and the governour, 
 by several proclamations, adjourned it farther to the 
 15th October, in the same year. On that day the house 
 qgain met, and the governour, in a short address, told 
 it that the barracks at New- York were in w^ant of 
 repair, and recommended the house to provide for the 
 e^xpense. The assembly, however, was not disposed 
 to subject the coloay to any additional burthens ; and 
 it resolved that the consideration of repairing the bar- 
 racks in fort George, at New-York, be postponed to 
 tW next sesfeioB. Buriiig this part of the session but 
 
tlistory oj Nen-YorJc. 
 
 399 
 
 few matters were laid before, or acted upon, by Ihfe 
 liouse. Only eiglit hills were passed into laws. The 
 most important subjert which claiajed the attention of 
 -the housCj was a petition of forty-eight Indian traders, 
 complaining of some irregularities at Oswego, and ptay- 
 ing legislative interference. The house, upon investi- 
 gation, found the complaints to be true, and requested 
 tlie governour to appoint David A. Schuyler, or in 
 case of his death, or refusal to act, such other person 
 as should understand the Indian trade and language, to 
 i)e commissary at Oswego. The assembly now adjourn^ 
 ^d, and did not again meet till April 25, 1734. Tiie 
 governour then opened the session by a formal 
 speech. He complained in it, of the decay of trade, 
 ascribing it principally to the inhabitants of the island 
 of Bermuda, who had become the common carriers of 
 the colony, and thereby discouraged ship building. He 
 stated that flour, our staple commodity^ had lost 
 its reputation for the want of proper and strict inspec- 
 tion laws. He recomtnended the laying a duty of t^^n- 
 nage on foreign bottoms, and the passage of inspection 
 laws. He urged the house to provide for the further de^ 
 fence of the cities of New-Y ork and Albany,and of the 
 town of Schenectady. He suggested the expediency of 
 imposing a duty on legal proceedings and papers, and 
 of discouraging the importation of negroes. He re- 
 commended the sending of smiths and artificers among 
 the Indians to mend their arms. He stated the insi- 
 dious efforts which had been making by the French to 
 alienate the affections of the Indians from the British, 
 and the importance of preserving the friendship of the 
 Six Nations. The house returned a very civil answer 
 to the governour, filled with assurances of loyalty and 
 
400 
 
 History of Nerv-l ork. 
 
 zeal for the king and country ; and immediately after 
 took into consideration the subjects submitted to it. A 
 duty of tonnage on vessels not built within the colony, 
 or wholly owned by any of its inhabitants, or by sub- 
 jects of Great Britain, was voted, and a bill directed to 
 be prepared for the purpose ; as also a bill to prevent 
 the exportation of unmerchantable flour. Colonel Phi- 
 lip Schuyler, a very influential gentleman, and well ac- 
 quainted with the affairs of the colony, was employed 
 to be sent among the Seneca Indians to secure their 
 friendship ; and the sum of four hundred and ten pounds 
 was voted for this service. A bill for fortifying Alba- 
 ny and Schenectady was brought in and passed. Esti- 
 mates were submitted to the house of the expenses of 
 the proposed fortifications at New-York, Albany and 
 Schenectady, amounting to 17,551/. 135. Id. The trea- 
 surer was directed to report a state of the treasury, by 
 which it appeared that but 1741/. 16s. 5d. were in 
 his hands ; arising principally from the wig tax, the 
 excise, and duty imposed on licenses of hawkers and 
 pedlers. Complaints were again made of the exhorbi- 
 tant fees received by the lawyers and officers of go- 
 vernment. The bakers in New- York, likewise, com- 
 plained of the quantities of bread imported into the 
 province from the neighbouring colonies, and prayed 
 that a duty be laid on such imported bread. 
 
 ^ VI. But the most important question which was 
 agitated, and which, for many years before, had excit- 
 ed great sensation throughout the colony, was the esta- 
 blishment of a court of equity. The court party had 
 insisted that the governour was, ex officio^ chancellor of 
 the colony ; while the popular party had w^armly op- 
 posed this position, and denied that such a com t could 
 
History of New- York. 
 
 401 
 
 exist, unless by prescription or by act of parliament. 
 The house directed counsel to be heard on this inter- 
 esting subject. Mr, Smith, a lawyer of great reputa- 
 tion; spoke* three hours before the house, against the 
 clauns of the court party. He denied that the crown 
 could by any grant, commission or letters patent, erect 
 a court of chancery : that he had examined the subject 
 with attention, and that the conclusion he had drawn 
 was founded upon precedent and principle. Mr. Mur- 
 ray, a lawyer of undoubted talents^ debated the ques- 
 tion on the other side. He maintained, with great abil- 
 ity and ingenuity^ th^t the courts of chancery, the 
 king's bench, conimon pleas, and exchequer, were, by 
 the laws of England, of original jurisdiction, and as an- 
 cient as the kingdom itself. He insisted that this colo- 
 ny was entitled to tiie game privileges and rights, and 
 consequently, to tlie same courts. The discussion was so 
 ably supported on each side, that the house did not come 
 to any resolution on the question. The governour him- 
 self had no doubt of his right to act as chancellor, for he 
 had two years before (March, 1732) taken the oaths, as 
 such, before the council. At the same time, James De 
 Lancey was sworn in as chief justice, in place of Lewis 
 Morris, and Frederick Philipse was sworn in as second 
 justice. The arguments of Messrs. Smith and Murray 
 w^ere afterwards published at the expense of the 
 colony. 
 
 ^ Vn. At this session the quakers received an in- 
 dulgence, for which they had been struggling for some 
 years. Some of them had been refused their votes by 
 the sheritF of Westchester, at an election for represen- 
 talives, because they would not take the oaths required 
 
 51 
 
402 
 
 History of New- York. 
 
 by law. They complained to the governour and co\m- 
 cil, who referred the question to the attorney general. 
 The house took up the subject, and passed an act^ 
 granting to the people called quakers, residing in the 
 colony, the same rights and privileges as were enjoyed 
 in England by people of that denomination. 
 
 The accounts from Europe having favoured the 
 opinion of an approaching rupture between France and 
 England, the assembly, with a zeal which was highly 
 agreeable to the governour, determined to place the 
 colony in a better posture of defence, 6000/. were 
 voted towards fortifying New- York ; 4000/. for build- 
 ing a stone fort, &c, in Albany ; 800/, for erecting a 
 fort of beams, on a stone foundation, &c. in Schenecta- 
 dy ; 500L for messengers and presents &c. to the Sene-- 
 ca Indians ; and 200/, for the security of Suffolk coun- 
 ty. Mr. De Lancey, a member from New- York,, 
 whose wealth and influence were extensive, brought in a 
 bill for the frequent meeting and calling of the general 
 assembly. The bill, which was very popular, was pass- 
 ed, and sent to the governour and council for concur- 
 rence ; but it there received amendments, which were 
 calculated to defeat the objects of the bill, and was not 
 returned to the assembly till some time after. The 
 governour saw in it the same spirit which prevailed in 
 the time of the unfortunate Charles I. and that it was 
 an encroachment upon that prerogative, with whicii 
 kings and governours never parted, but with reluc- 
 tance. The assembly, however, took no notice of this 
 treatment of one of their favourite measures, and, the 
 harvest approaching, resolved upon an adjournment. 
 During the two preceding years of governour Cosby'> 
 
History of New-York. 
 
 administration, several measures were adopted in coun* 
 cil, which marked the character of tlie times. Reports 
 having been circulated that the governoiir intended to 
 take the Dutch church, in New- York, for the use of the 
 government, induced the council to offer a reward of 
 100/. for the discovery of the slanderer. A singular 
 complaint was also made against the corporation of Al- 
 bany, for having attempted a fraud upon the Indians.''^ 
 An anonymous letter having been sent to James Alex^ 
 ander, esq. one of the governour's council, threatening 
 him and his family with destruction, produced a 
 proclamation, offering a reward of 50/, for the ap- 
 prehension of the offender. In November, 1732, the 
 council had directed Rip Van Dam, esq. the former 
 president of the colony, to be prosecuted for certain 
 monies he had received while president. 
 
 0 VIIL The appointment of an agent at the court of 
 Great Britain, had always been a subject deeply inter- 
 esting to the assembly, but the governour and council, 
 as the executive branch, conceiving themselves entitled 
 to iii struct such agent, from time to time, as to his pro- 
 ceedings in England, created a jealousy on the part of 
 the assetnbly, that its conduct and views were not fairly 
 represented to his majesty. Mr. Morris moved for 
 leave to bring in a bill for appointing an agent at the 
 court of Great Britain, independent of the governour. 
 He urged the necessity of the measure to the colony, as 
 tending to maintain a good correspondence between it 
 and the mother country : that frequently bills of the 
 last importance had received the roya] veto, without be- 
 i^ig correctly understood, or duly appreciated: that 
 
 * See note A. 
 
404 
 
 Hislory of New- York. 
 
 the cominercial and agricultural concerns of the colonj" 
 were not properly or sufficiently represented to his 
 majesty or his ministers : that insinuations had gone 
 - abroad unfavourable to the loyalty of the assembly, 
 and it was the duty of the house to remove the impres- 
 sion. The bill, however, was not brought in by Mr. 
 Morris till the October session followiiig. 
 
 ^ IX. During the recess of the legislature, certain 
 publications had appeared in a paper, called Zenger's 
 IMew-York Weekly Journal, which contained severe 
 animadversions on the government. This paper was 
 supposed to be published under the patronage of Mr, 
 Van Dam, and was, of course, decidedly hostile to the. 
 court. The New-York Gazette, printed by William 
 Bradford, was in the interest of the court ; and these 
 two were the only papers printed in the colony at this 
 time. Several printed ballads had likewise appeared, 
 which placed some of the members of the legislature, 
 and others, in a ludicrous point of view, insomuch 
 that the governour and council considered the sub- 
 ject w^orthy of notice. They voted, that Zenger's 
 papers Nos. 7, 47, 48, 49, and two printed bal- 
 lads, were derogatory to the dignity of his majes- 
 ty's government ; that they contained reflections up- 
 on the legislature, and the most distinguished persons in 
 the colony, and tended to raise sedition and tumult. 
 They likewise voted that the s^id papers and ballads 
 should be burnt by the common hangman ; and at the 
 opening of the next meeting of the assembly, in Octo- 
 ber, 1734, requested the house to join in addressing the 
 governour to offer a reward for the discovery of the 
 authors or writers of these seditious libels. The as- 
 
History of New-York. 
 
 senibly passed over the application in silence. Some 
 of its most active members were supposed to liave fa- 
 voured these attacks, if not to have written the papers 
 in question. The governour and council took um- 
 brage at this unwillingness of the house ; and shortly 
 after requested it to return to the council the papers 
 containing the offensive publications. The house, \vith 
 much sangfroid, ordered the clerk to produce the pa- 
 pers, and the speaker returned them to the council. 
 Tlie attorney general afterwards filed an information 
 against Zenger for these libels, upon which he w^as ac- 
 quitted, after having laid in prison eight months. His 
 acquittal was generally satisfactory. The common 
 council of New^-York, for " his learned and generous 
 defence of the rights of mankind and the liberty 
 of the press," presented i\Ir. Andrew Hamilton, 
 one of Zenger's counsel, with the freedom of thc^. 
 city, and their thanks for his distinguished services on 
 this occasion- The freedom of the city was presented 
 in a gold box weighing five and an half ounces. On 
 the lid of the box was engraved the arms of the city, 
 with this motto, " Demersce leges-timefada libertas-hac 
 tandem emergunt'' On the lid within, " Non nummis — 
 virtute paratur^ Round the box, a part of TuUy's 
 wish, " Ita cuique eveniat, id de respuhlica mernUr^ 
 
 ^ X. The British ministry had long foreseen the im- 
 portance of the colonies to the empire, in furnishing 
 stores for the support of its navy. Nevertheless they 
 did not wish to encourage a colonial trade, which might 
 prejudice the extensive commerce of the English mer- 
 ctiants. The lords commissioners for trade and planta- 
 
 For some interesting matter in relation to Zenger, see note B. 
 
4P6 
 
 History of New- York. 
 
 tions, not safficiently acquainted with the naUue of the 
 colonial trade, requested the governour, by letter, dat- 
 ed ]\Iay 30, 1731, to transfnit bis opinion what further 
 encouragement might be given to induce the colonists 
 to apply their attention to the cultivation of naval 
 stores of all kinds ; but cautiously added, so as not 
 to interfere with the trade or product of Great Bri- 
 tain/' The jealousy of the British government, even 
 at this early day, was apparent. They could not brook 
 a rivalship in commerce, and however important the 
 trade of the colonies was to the mother country, it 
 was to be merely tributary to her prosperity and splen- 
 dour. The governour laid the letter before the house 
 at its October session, which, after gravely resolving to- 
 take the subject into consideration, returned the origin- 
 al letter to the governour, and took no further order 
 upon it. 
 
 ^XI. The assembly now resolved itself into a com- 
 mittee of ways and meanSy towards fortifying the colo- 
 ny. A duty of a shilling on every pound of teuy and 
 every barrel of cider ; three shillings on every barrel 
 of pork; two shillings on every barrel of beef, import- 
 ed into the colony, was voted by the house. An annual 
 tax of one shilling was also imposed on every slave 
 throughout the colony. Twelve thousand pounds, iit 
 bills of credit, were ordered to be issued, redeemable 
 out of the before mentioned duties, when collected, and 
 which fund was made chargeable therewith. A bill, for 
 further regulating the militia, Vv^as brought in and pass-^ 
 ed. A bill for the frequent electing and calling the 
 general assembly, was passed by the house, but the 
 governour and council having clogged it with amend- 
 ments unfriendly to the principle of the bill, and refus- 
 
History oj Nerv-Yorli:. 
 
 407 
 
 iiig to recede, the bill was lost. The bill, brought in 
 by Mr. Morris, to appoint an agent at the court of 
 Great Britain, independent of the governour, shared 
 the same fate. Notwithstanding the hostility of the 
 court party to any measure which appeared to be cal- 
 culated for the public good, yet the house, with a zeal 
 and patriotism highly honourable to it, adopted every 
 measure suggested for the defence of the colony, and 
 willingly imposed heavy burthens on its constituents to 
 promote this object. 
 
 ^ XII.* Nor could it be justly chargeable with a de* 
 sire to continue its authority. It earnestly prayed the 
 governour to be dissolved so as to enable its constitu- 
 ents to signify, by the elective franchise, their opinion 
 of the measures it had pursued. But the governour 
 too well knew the value of the present assembly. He 
 had seen that that body had not refused, under any cir-^ 
 eumstances, however mortifying, to give its aid to the 
 desires of the British ministry, in providing for the de- 
 fence of the colony. He feared, likewise, that the peo- 
 ple were not disposed to increase their burthens to grat- 
 ify the ambition of kings and ministers, nor were even 
 willing to submit, with patience, to the present system of 
 taxation, which they apprehended was becoming daily 
 more gigantic and oppressive. He told the house, 
 that if was the undoubted prerogative of the crown to 
 adjourn, prorogue, or dissolve the assembly* That he, 
 being entrusted by his majesty with that power, would 
 exercise it only as he should find it conducive to his 
 majesty's service, and the benefit of the colony, and 
 added, " which I cannot apprehend it to be at this 
 time." The assembly, therefore, by the consent of the 
 governour, adjourned itself. 
 
408 
 
 History of New- York. 
 
 ^ Xllh The measures of the governour were daily 
 becoming more odious. A strong party was form- 
 ing to excite the people to opposition. Lampoons 
 and ballads were published, shewing , the evil ten- 
 dency of preserving, for so many years, the same body 
 of men in the assembly, witliout permitting the people 
 to express their opinions by an election. That the 
 heavy burthens laid upon the colony were to pamper 
 the great and wealthy> at the expense of the agricultu- 
 ral and commercial part of the community. That 
 trade was languishing, and in proportion as cQOimerce 
 decreased, taxes were increasing. Meanwhile, the 
 governour and council were content in being censured 
 by the people, provided they could influence the assem- 
 bly to be subservient to the views of government. The 
 liberal supplies that had been granted, were sufficient 
 to gratify the wishes of the governour, and he suffer- 
 ed the assembly to remain without being again called 
 for near a twelve month. But the difficulties in Europe 
 and the Indian affairs at home, became too urgent for 
 further delay. The governour was importuned to con- 
 vene the legislature. He had, during the last twelve 
 month, been personally present at conferences with the 
 Six Nations of Indians, at Albany, to renew the cove- 
 nant chain. He had likewise caused the garrison at 
 Oswego to be well supplied, and he laid before the 
 house, which met in October, 1735, the information 
 he had received, and requested the assembly to take 
 these matters into consideration, and to provide for the 
 further encouragement of trade. A complaint was 
 made to the house, by the proprietors of land taken out 
 of Connecticut, that a bill had been preferred to the 
 governour, a^s chancellor, to vacate a patent issued un- 
 
History of New-YorK. 
 
 40& 
 
 def the seal of the colony, for fifty thousand acres of land* 
 This complaint was referred to the committee of grie- 
 vances. Mr. Garretson, a member from King's coun- 
 ty, and chairman of that committee, reported, that a 
 Court of chancery, within this colony, in the hands or 
 under the exercise of a governour, without consent in 
 general assembly, was contrary to law, unwarrantable 
 and of dangerous consequence to the liberties and pro- 
 perty of the people. An animated discussion again ensu- 
 ed. The printed arguments of Messrs. Smith and Murray, 
 on the same subject, were resorted to ; but the house at 
 length concurred with the committee in their report; 
 Mr. Van Horne, a member from New- York, presented 
 a petition from a great number of the inhabitants of the 
 city of New- York, praying that the house might re- 
 quest the governour to cause it to be dissolved o The peti- 
 tioners remonstrated against the long continuance of the 
 same members in power. That this w^as a serious grie- 
 vance to the colony : That frequent electibns were 
 valuable to a free people, and that this privilege ought 
 not to be yielded. The house unanimously voted that 
 it was their desire to be dissolved^ and sent a copy of 
 the vote and of the petition to the governour. A simi- 
 lar petition from some of the inhabitants of Q^ueen's 
 county, ascribing the decay of trade^^ and the lessening 
 of the value of lands, to the long continuance of the 
 assembly, was voted to be an unjust and audacious 
 charge, highly reflecting on the house- The governoiu' 
 refused to dissolve the assembly, and told the house 
 that it ought to make provision for the deficiency which 
 appeared in the treasurer's report, and that this was due 
 to the honour of the house. The assembly, notwithstand- 
 ing this demand of the governour. deemed the present: 
 
 52 
 
410 
 
 History of Nerv- York. 
 
 time unfit io make the necessary provision, and, by the? 
 governour's assent, adjourned to the last Tuesday of 
 BJarch, 1736. 
 
 ^ XIV. A mono; the last acts of goyernour Cosby, 
 was his declaring Rip Van Dam, esq. suspended from 
 his seat as counsellor of the province. Van Dam was 
 senior counsellor, and as such, upon the governour's 
 demise, would again have succeeded to the government 
 as president of the colony. To prevent this, Cosby 
 convened the council in bis bed chamber, and declared 
 Van Dam to be suspended. No reason was given for 
 this act at the time. It is probable that Cosby's partial- 
 ity to George Clarke, the counsellor next in seniority to 
 Van Dam, and the controversy between the council 
 and Van Dam, in respect to certain monies he had be- 
 fore received, while president, produced this violent and 
 extraordinary measure, the effects of which were expe- 
 rienced even in the succeeding admiidstration. 
 
 ^ XV. Governour Cosby died on the 7th March^ 
 173f>6. 
 
 Thus ended an administration in which there was 
 son)ething to admire and much to condemn. In re- 
 viewing the character of Cosby, we cannot but perceive 
 bis decided hostility to the elective franchise, and his 
 utter contempt for the opinions of the people. No 
 g(;vernour commenced an administration with better 
 prospects, and greater popularity. Yet none endea- 
 voured less to retain the confidence and respect of the 
 people than himself. He continued an assembly for six 
 years; resisting every effort which was made for another 
 election, and refusing to assent to a bill for the frequent 
 electing and calling of the legislature, without such 
 amendments as would defeat the object intended* With 
 
History of New-Yorh 
 
 411 
 
 high opinions of prerogative and decided hostility to free 
 and equal legislation, he became at length odious to the 
 colony, and even many of his best friends had deserted 
 him. Yet at the same time, it must be acknowledged, 
 he possessed many good and amiable qualities* He 
 \ was affable and courteous in his deportment; honest and 
 sincere in all his private transactions. Though not pos- 
 sessed of talents, either splendid or great, yet he was 
 attentive to the concerns of the colony, and to the fair 
 and impartial administration of justice within it? 
 
HISTORY OF I^EW-YORK. 
 
 PART VIIL 
 
 From the year 1736 to the year 1738, inclusive.., Jnclud- 
 ing part of L ieid. Governour darkens Administratmi, 
 
 § I Geoi'ge Clarke declared president, and Rip Vaa Dam's opposition. 
 § II. Van Dam declares himself president ; the assembly convened ; 
 Clarke appointed lieutenant governour. § III. Proceedings of the 
 assembly, and its dissolution. § IV, New elections for members. 
 § V. Session opened, § VI. Assembly address the lieutenant go- 
 vernour. § VII. Features of the address. VIII. Contested elec- 
 tions ; vote relating to the Jews. § IX. Taxes voted. § X. Ad- 
 journment, prorogation, and second meeting. § XI. Rupture between 
 the legislature and the lieutenant governour ; dissolution of the 
 housco 
 
 Upon the death of governour Cosby, the council 
 were immediately convened. The question was pro- 
 posed whether George Clarke, the senior counsellor^ 
 next after Rip Van Dam, should be considered presi- 
 dent of the colony. Every member, with the excep- 
 tion of James Alexander, esq. voted in the affirmative. 
 Mr. Clarke was accordingly declared president, and took 
 upon himself the administration of the government. 
 A powerful party, however, had been formed in favour 
 of Mr. Van Dam. His suspension from the count^iL 
 by governour Cosby, was declared to be arbitrary and 
 illegal : That the instructions from the crown did not 
 authorize such a violent proceeding: That Mr, Van 
 
414 
 
 History of New- York. 
 
 Dam should have been summoned, previous to his sus^ 
 pension, in order to defend himself against any charges 
 that might have been preferred against him. There 
 was undoubtedly much weight in the reasoning adopted 
 by the friends and adherents of Mr. Van Davn, Justice 
 required that the charges against him should have been 
 fairly investigated before he was dismissed, Mr. Clarke 
 directed the council to be convened. He laid before 
 it a part of his majesty's instructions, which related to 
 the power of suspension. By these it appeared that 
 the governour possessed the power to suspend any 
 counsellor who had wilfully and unreasonably absented 
 himself from its meetings, and should persist therein, af- 
 ter being admonished to the contrary. But yet it did 
 not appear that the late governour had proceeded on that 
 ground. He had declared to the council that the rea« 
 sons which induced him to suspend Mr. Yan Dam, 
 would in due season be laid before his majesty, but Mr. 
 Van Dam's absence from the council was not even sug- 
 gested to be one of them. Indeed, so long as Mr. 
 Van Dam remained in the colony he could hardly be 
 adjudged guilty of wilfully and unreasonably absenting 
 himself from the council, till he was requested to shew 
 cause for such absence, and was heard in his defence. 
 Nor was a suspension merely to be considered as a to- 
 tal exclusion, until the king^s approbation was obtained* 
 But the council were opposed to the views of Mr. Van 
 Dam, They voted that provision should be made 
 against any riots or disturbance that might ensue. Or- 
 ders were issued, forbidding any person recognizing the 
 pretensions of Mr. Van Dam. A large quantity of 
 gunpowder was directed to be procured and to be plac* 
 ed in the fort for its defence. 
 
tJislory of Kerv^Yorh 
 
 415 
 
 f TT. Mr. Van Dam, however, was not deterred 
 by the menacing attitude of affairs ; he proceeded 
 to call the council, and assumed the title of command- 
 er in chief and president of the colony. He appoint- 
 ed several of the charter officers of the city of New- 
 York,^ and was about to exercise other powers. 
 Incident to the office he assumed. Mr. Clarke, by the 
 advice of the council, all of whom, except Mr. Alex- 
 ander, had adhered to liis authority, thought proper to 
 convene the assembly. That body accordingly met on 
 the 13th October, 1736. Mr. Clarke opened the session 
 by a speech. He told the house that unhappy divisions 
 had arisen in the colony, and strongly recommended 
 the legislature to provide for the defence, the safety and 
 prosperity of the colony. He directed its attention to 
 the deficiencies in the revenue, and to the importance 
 of promoting ship building. He wished the house to 
 provide for the finishing of the fortifications already set 
 on foot, and particularly Fort Hunter, which he repre- 
 sented to be in a ruinous condition, and the house at 
 Oswego, which was in want of repairs. He stated that 
 persons ought to be sent to the Seneca Indians, to se- 
 cure their fidelity, and to make them suitable presents. 
 He entreated the house to be moderate in its debates^, 
 and to make things of a private or inferiour nature to 
 yield to those of a publick and important description. 
 The house, without any difficulty, recognized Mr. 
 Clarke as president of the colony. It is probable that 
 this acquiescence was produced by accounts from Eng- 
 land, stating that Mr. Clarke would be appointed 
 lieutenant governour ; for, on the 30th of the same 
 
 ?ee note 
 
416 
 
 History oj New- York. 
 
 month of October, his commission, dated on the 30tfi 
 of July preceding, was received and published with the 
 solemnities common to the occasion. This event put 
 an end to the claims of Mr. Van Dam to the adminis- 
 tration of the government. 
 
 ^ III. Few matters of moment were acted upon by 
 the house at this session. A complimentary address 
 was voted to the king, on the marriage of the prince of 
 Wales, with the princess of Saxe-Gotha. CoL Morris 
 again introduced a bill for the better regulating the elec- 
 tions of members to serve in the general assembly^ with 
 the additional clause of preventing any member from 
 accepting any office of profit after his election. This 
 bill met with violent opposition. The disabling clause 
 was particularly obnoxious to some of the members who 
 held offices under the crown, and to others who were 
 expectants of office. Upon a motion made to commit 
 the bill, a majority voted in the negative, and the bill 
 was rejected. Colonel Morris, with a perseverance 
 highly honourable to his character and views, immedi- 
 ately moved for leave to bring in another bill for regu- 
 lating the election of members to serve in the general 
 assembly. The house then proceeded to examine the 
 state of the treasury. By the treasurer's accounts it 
 appeared that warrants on the treasury for the sum of 
 8697/. 135. 8(7. remained unpaid. The house voted that 
 it would raise ways and means for supplying 6022/. 12^. 
 7^d. only, but expressly limited the revenue so to be 
 raised to the specifick deficiencies reported to the house, 
 so as to prevent any misapplication of it by the lieute- 
 nant governour and council. This vote was so offensive 
 to the lieutenant governour, that he immediately dis- 
 splved the house. He told the assembly that it had 
 
History of New-York. 
 
 417 
 
 Violated its solemn promises to make good the deficien- 
 cy in the revenue : That it had passed resolves highly 
 derogatory to his majesty's honour and prerogative, and 
 that he would suffer the people to make another elec- 
 tion. Thus an assembly, which had continued its ses- 
 sions for nearly nine years> without any intermediate 
 election, became dissolved. Its continuance so long is 
 a strong evidence that a majority of that body had been 
 devoted to the views and interests of the court. Taxa- 
 tion had been lavishly imposed, laws for supporting the 
 revenue, for building fortifications^ and for making 
 treaties with the Indians, had been almost constantly the 
 subjects of their deliberation. Yet, during this period^ 
 many laws, for encouraging trade, promoting literaturci 
 establishing courts of justice, &c. were likewise passed* 
 
 ^ IV. The dissolution of this assembly was generally 
 satisfactory to the colony. Few of its members were re- 
 elected, and of those few, the greater number belonged 
 to the popular party. The new elections for represen- 
 tatives now commenced. Great exertions were ma le^^ 
 by the contending parties, for success. In the city of 
 New- York, and which, indeed, gave a tone to all the oth^ 
 er elections in the colony, the popular party was tri- 
 umphant. James Alexander, esq. who had so firmly 
 adhered to Rip Van Dam, in his struggle for the presi-^ 
 dency after the death of governour Cosby, was elected 
 a member for that city. Colonel Lewis Morris, junior, 
 so well known for his decided opposition to the court> 
 w as again sent a member from Westchester. 
 
 ^ V. The lieutenant governour determined to con- 
 ceal his chagrin and regret at the result of this elec- 
 tion, and to endeavour to gain of the assembly by com- 
 plaisance and persuasion, what he knew could not b& 
 
418 
 
 History of Nerv-TorJc. 
 
 accomplished by menaces or coercion. He opened ttie 
 new sessicm, on the 15th June, 1737, by complimenting 
 the choice of members which the people had made, and 
 telling the house that he was persuaded it came " with 
 resolutions to answer the great ends of their election/' 
 He stated that the approaching harvest forbade him 
 from expecting much business now to be done, and that 
 he would avail himself of that opportunity to meet the 
 Six Nations of Indians at Albany, to renew the cove- 
 nant chain, and to endeavour to prevail with the Seneca 
 tribe to revoke the consent they had unadvisedly given 
 to one John Coeur, a Frenchman, from Canada, to 
 build a house in their territory, at Tierondequat.^ He 
 represented that place to be very important, as it re- 
 garded the fur trade, and that, if it were possessed by 
 the French, it would enable them to intercept all the 
 western fur in its way to Oswego, The house, in its 
 answer, assured the governour that in its opinion the 
 dissolution of the late assembly was necessary to his 
 majesty's honour, and to the interest and prosperity of 
 the colony ; and that the present assembly would so 
 conduct itself as to give the people " no reason to re-^ 
 pent of their choice." Colonel Morris immediately af- 
 ter moved for, and obtained, leave to bring in bills to 
 regulate the elections of the assembly, and providing 
 likewise for frequent elections ; for settling and estab- 
 lishing courts of justice ; for appointing an agent at the 
 court of Great Britain, independent of the governour ; 
 for lowering the interest of money, and for regulating 
 and establishing fees. Mr. Alexander obtained like 
 
 * Now in the county of Ontario, situated on the lake of that name^ 
 and about sixty miles from Oswego. 
 
History of New-York. 419 
 
 leave to bring in bills to encourage the importation of 
 white people and servants into the colony ; for encour- 
 aging the making of iron, and raising of hemp ; and for 
 guarding against abuses in the making and exportation 
 of flour. The assembly then adjourned, in order to 
 enable the lieutenant governour to go to Albany for 
 the purposes he had mentioned. On the 2d September 
 ensuing, the house again met. The lieutenant gover- 
 nour, in his speech, informed the* assembly that he had 
 been at Albany, and had sent an interpreter, a smith;, 
 and three other persons, to reside among the Senecas 
 the ensuing year, to keep the Indians steady to their 
 promise, not to suffer any Frenchman to build on their 
 territory. He recommended the assembly to place the 
 house at Oswego, the barracks at Fort George and Fort 
 Hunter, in a better state of repair ; and concluded by 
 assuring the house that he would concur in any mea- 
 sures necessary for the safety and prosperity of thecolo- 
 
 ^ YL The house, departing from its accustomed 
 mode of proceeding, instead of voting to take the lieu- 
 tenant governour's speech into consideration, voted 
 " that his honour the lieutenant governour be address- 
 ed." The members from New-York, Westchester, and 
 dueens, were directed to prepare such address. Mr. 
 Alexander then njoved to bring in a bill vacating the 
 seats of such members of the assembly as should accept 
 of any office, gift, or grant from the governour or com- 
 mander in chief. Five days after the commencement 
 of the session, the address to the lieutenant governour 
 was reported, and adopted without amendment. This 
 address is worthy of particular notice. It forins an era 
 in the history of our legislation^ which is highly iiupor- 
 
420 
 
 History of New-York. 
 
 tant. Hitherto the crown and its ministers had been 
 ignorant of the true sentiments of the people, and the 
 firm and independent conduct of their representatives. 
 The governours of the colony had not unfrequently led 
 the ministry to believe that the assembly was a body of 
 men ignorant of legislation, boisterous on some occa« 
 sions, but easily soothed or fatigued into compliance. 
 The government had yet to learn that there were men 
 in this colony, whose lirmness and patriotism would 
 have done honour to the best days of Greece and 
 Rome. 
 
 $ VII. The address is as remarkable for its style as 
 for its matter. It commences with recognizing some of 
 the vital principles of a good government. It affirms 
 that none ought to n present the people but those who 
 are freely and fairly chosen by them. That elections 
 ought to be frequent, that experience had shewn the 
 danger of trusting the same men too long with power: 
 That the history of England proved that intrigues and 
 c*>rruption would inevitably destroy any government ; 
 and in fine, that proper checks and balances were neces- 
 sary for the preservation of the liberty and happiness 
 of any country. One sentence in the address de- 
 serves to be quoted. In speaking on the subject of 
 the revenue, the house adopt this bold and energetic 
 language.^ 
 
 The true causes of the deficiency in the revenue, 
 we believe, are too well known to your honour, to 
 make it necessary for us to say much on that head ; 
 Lad the conspicuous loyalty of the inhabitants of this 
 
 * Smith, see pao:e 369, gives the same extract. It could not, hoWf 
 ever, io the order of time, be properly omitted here* 
 
History of Nerv-YorJc. 
 
 421 
 
 province, met with a suitable treatment in return, it is 
 not unlikely, that we should now be weak enough to act 
 like others before us, in being lavish beyond our abili- 
 ties, and raising sums unnecessary to be given, and con- 
 tinued the donation, like them, for a longer time, than 
 what was convenient for the safety of the inhabitants ; 
 but experience has shewn the imprudence of such a 
 conduct, and the miserable condition to which the pro- 
 vince is reduced, renders the raising of large sums very 
 difficult, if not impracticable ; we therefore beg leave to 
 be plain nith ymir honour ^ and hope you n ill not take it 
 amiss y n hen we tell you^ that you are not to expect y that we 
 either will raise sums unfit to be raised^ or put what we 
 shall raise, into the power of a governour to misapply y if 
 we can prevent it ; nor shall n e make up any other defi- 
 eiencieSy than what we conceive are fit and just to be paidy 
 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 thaty until such laws are passedy as 7ve conceive ne- 
 cessary for the safety of the inhabitants of this colony y 
 who have reposed a trust in uSy for that only purposcy and 
 which we are sure you will think it reasonablcy we should 
 act agreeable tOy and by the grace of Gody n e shall en- 
 deavour not to deceive them'^ 
 
 The assembly, in the address, took a general view of 
 the colonial affairs. It adverted to the importance of 
 having an agent at the court of Great Britain, to be ap- 
 pointed and paid by the house. It complained of the 
 court of chancery not being regulated by law; that 
 under governour Sloughter, in 1691, that court was es- 
 tablished by . an act of the general assembly, yet that 
 since that time governours had " erected that court by 
 an ordinance of themselves and council." " That they 
 
422 
 
 History oj New-YorJc. 
 
 could not be ignorant what dissatisfaction the erection 
 of a court of chancery, in that manner, gave to the 
 generality of the people/* That the governours had 
 treated the assembly with " unreasonable disregard and 
 contempt/' That some of the governours were wholly 
 unfit for the duties of chancellor, or any other station^ 
 though " buoyed up and bloated with the fulsome ad- 
 dresses and servile flatteries of the instruments of their 
 misrule and oppression/' In fine, the whole address is 
 a production honourable to the times in which it was 
 formed, and evinces the proud, unbroken spirit of the 
 colonists, incapable of being soothed or awed into sub- 
 mission, by the arts or power of their rulers. The 
 lieutenant governour was not disposed to resist such a 
 formidable combination. He thanked the house for itB 
 address, and assured it of his cordial co-operation in 
 Ivhatever was necessary for the good of the colony. 
 
 ^ VIIL The assembly were now engaged in the dis- 
 x^ussion of contested elections, and undue returns made 
 by the sheriffs. Mr. Cornelius Van Home prayed to 
 be heard before the house as to his claim to a seat there- 
 in, against Adolph Philipse, the member returned as 
 elected. The house voted that neither Mr. Philipse 
 nor Mr. Van Home should be entitled to a seat, until 
 their respective claims were investigated. A scrutiny 
 was demanded and obtained, and upon this question a 
 division was called and the house stood sixteen to eight, 
 Lt t it be here remarked that this is ihe^first division, in 
 which the names of the members voting on each side, 
 were entered on the journals of the house. After this 
 period the practice became more common. It was like- 
 wise resolved, in the case of Mr. Alexander, that if he 
 should act as a counsellor, dming the continuance of 
 
History of New-York. 
 
 423 
 
 the assembly, that it would be a sufficient reason for 
 expelling him from the house. The elections of colo- 
 nel Frederick Philipse, a member from Westchester, 
 and colonel Gaasbeeck Chambers, a member from Ul- 
 ster, were also contested, but without success* The 
 house came to a remarkable decision relative to the 
 Jews. It resolved that none of the Jewish profession 
 could either vote for representatives, nor could be ad- 
 mitted as witnesses touching any contested elections. 
 The Catholicks and the Jews, had long been peculiarly 
 obnoxious to the colonists. The first settlers being 
 Dutch, and mostly of the Reformed Protestant Reli- 
 gion, and the migrations from England, since the colony 
 had belonged to the crown, being principally Episcopal, 
 both united in their aversion to the Catholicks and Jews. 
 Mr. Adolph Philipse at length succeeded, and retain- 
 ed his seat in the house. A bill to appoint an agent at 
 the court of Great Britain, and to be paid by the as- 
 sembly, was brought in and speedily passed through the 
 house. This bill, as usual, was resisted by the coun- 
 cil, and the amendments proposed by that body, not 
 being agreeable to the assembly, it was lost. The 
 assembly, in consequence of what it deemed the unpar- 
 liamentary conduct of the council, refused to receive 
 any messages by the clerk of that body, insisting that 
 they ought to be delivered by the hands of one of the 
 council. The house ordered colonel Philipse, Mr. Ver- 
 plank, and Mr. Johnson, to " deliver a message to the 
 council signifying that the house desires satisfactiort 
 from the council, concerning the said innovation, which 
 the house conceives is to the prejudice and derogation 
 of the liberty of the general assembly of this colony." 
 This vote indicates the bold and determined attitude of 
 
424 
 
 History of Nerv-Yorh 
 
 the assembly ; its consciousness of the power Avith which 
 it was vested, and its resolution to resist the least in- 
 fringement of its rights* The governour and council 
 were not disposed to provoke this spiiit of the h( use, 
 and prudently forebore from a repetition of the irregu- 
 larity complained of, and so the alfair dropped. 
 
 ^ IX. The house^ in committee of ways and means, 
 voted a tax on the following articles imported into the 
 colony during the preceding year : Forty shillings on 
 each slave imported direct from Africa, and four pounds 
 if imported from any other place ; thirty shillings on 
 every pipe of wine ; two pence on every gallon of 
 spirits, rum or other distilled liquors ; five pounds on 
 every hundred pounds prime cost on British West In- 
 dia goods ; four shillings on every hundred weight of 
 cocoa, and three per cent on all sales at auction. The 
 house resolved that if any part of the said money should 
 be paid by the treasurer before the passage of proper 
 laws for the purpose, it should be deemed a misapplica- 
 tion, and the treasurer should be held accountable. So 
 jealous was the assembly of the power of the gover- 
 nour and council, that not content with limiting all taxes 
 to the term of one year, it would not even permit the 
 monies so raised to be paid out or applied without its 
 express authority. The interest of money was now re- 
 duced to seven per cent. The bill for the frequent elec- 
 tion of representatives at length obtained the assent of 
 the governour and council. This assent was not, how- 
 ever, cordially given. The lieutenant governour knew 
 that the bill would not obtain the royal assent, as its 
 character and views were too democratick, and as it 
 gave the people too great a share in the government of 
 the colony. In 1739, the crown repealed this law, and 
 
lUstory of New-York. 
 
 425 
 
 it Was surmised, at the time, that the lieutenant gover- 
 nour had been instrumental in procuring this repeal. 
 
 ^ X. The lieutenant governour, after giving his as- 
 sent to twenty-nine bills> adjourned the house to the 
 April following. Before it reassembled, the lieute- 
 nant governour thought proper further io prorogue it to 
 the 29th of August, 1738. When it met on that day, 
 the interesting question, how far a prorogation operated 
 as a dissolution^ was discussed. This discussion con- 
 tinued during three days. Precedents were searched 
 into, authorities were quoted, and parliamentary cus- 
 toms were fully examined. The house decided, unani- 
 mously, that it was not dissolved, and that it did then 
 lawfully and rightfully exist. This discussion being re- 
 ported to the lieutenant governour, he addressed the 
 house. He informed it of the afflicting death of her 
 majesty, queen Caroline ; he repeated his complaints 
 that the house ought to settle a revenue for as long a 
 time as former assemblies had done, and that unless this 
 was granted, his duty to his majesty forbade him from 
 assenting to any act to continue the excise and for sink- 
 ing the colonial bills of credit. The house, after a long 
 discussion, unanimously resolved that it would not pass 
 any bill for the grant of monies, but with assurance 
 that the bills of credit struck and issued in the years 
 1714 and 1717, should be redeemed, and also the 
 excise act should be continued from November 1, 
 1739, for a sufficient number of years to cancel 
 and destroy the said bills. This resolution was com- 
 municated to the lieutenant governour by Messrs. 
 Schuyler and Johnson. These gentlemen having wait- 
 ed on the lieutenant governour, reported that his hon- 
 our was pleased to answer> " that he could not give his 
 
426 
 
 History of Kav-Torh 
 
 assent to sucb a bill unless the house would settle a 
 support for as long time and in as ample a manner as 
 had been given to former governours ; neither could 
 be consent to the appropriation of the money," A 
 rupture between the executive and legislature was ra- 
 pidly approachirsg. All good men saw, with regret, that 
 pertinacious adherence to prerogative, on the part of 
 the lieutenant governour, which tended to frustrate the 
 ^^holesome measures of the assembly. The lieutenaiit 
 governour had little reason to complain of the legisla- 
 ture. It had voted him a salary of 1560/. and had been 
 lavish in its disbursements for the support of govern- 
 ment. By limiting the duration of taxes to one year, 
 it had shewed to the people the benefits arising from an 
 BnirUal meeting of the legislature, and it possessed no 
 other means of coercing the crown to a « ue sense of 
 its dependence on the affections and loyalty of the 
 colony. But the lieutenant governour was not to be 
 moved by considerations of this nature. He ordered 
 the house to attend him, and in an angry strain of in- 
 vective and abuse, told the assembly that its proceed- 
 ings, were "presumptuous, daring and unprecedented." 
 That he could " not look upon them without astonish- 
 ment, nor with honour sufler the house to sit any longer." 
 He accordingly dissolved it. No bills were passed into 
 laws at this session. Many were originated, but, by the 
 dissolution, were lost. The character of the assembly, 
 for firmness, in what it deemed the essential interests of 
 the colony, cannot be disputed. The legislature began 
 to perceive hs importance in the scale of government. 
 It possessed the germ of that independence and free- 
 dom which afterwards ripened and displayed itself in 
 
History of New-York. 
 
 42? 
 
 securing the liberties of our country. It felt the digni- 
 ty due to its own character, and neither ministerial 
 smiles nor frowns, could sway it from the path of 
 duty. 
 
HISTOBY OF MEW-YOBK. 
 
 PAllT IX. 
 
 Including from the year 1738 to 17il.,..Bcing a continvr 
 ation of the Government under IJenienant Governour 
 Clarke. 
 
 § I. state of Europe, and of the colony ; war between Great Britaia 
 and Spain. § II. Impressment of seamen resisted by the mayor of 
 New- York ; spotted fever and small pox. $ III. New elections of 
 the assembly ; lieutenant governour's speech and proceedings of the 
 house. § IV. Revenue ; prorogation. § Y. Negro plot. § VI. 
 Number executed, &c. and remarks. § VII. Meeting of the assem- 
 bly ; progress of Christianity among the Indians. § VIIT. Sugges- 
 tions that the colony wished to be independent of the crowDj consl. 
 dered. 
 
 The state of Europe had been, for some time, nu- 
 propitious to the settlement of the colonies, or the in- 
 crease of their commerce. Spain had sought occasion 
 to embroil herself in the war with Great Britain. The 
 convention made at Paris, in January, 1 738, by which 
 Spain had engaged to pay England 95,000/. for depre- 
 dations committed by the subjects of the former on 
 those of the latter, had been violated. Hostile prepa- 
 rations against Spain, seemed to be the constant theme 
 of the English people. The ministry, unable to resist 
 the clamour, granted letters of marqe and reprisal. 
 
430 
 
 History of New-York. 
 
 The troops Avere augmented ; a fleet was asi^mWed at 
 Spithead ; a reinforceinerit sent out to admiral Had- 
 dock, and an embargo laid on all outward bound mer- 
 chant ships. Every movement threatened an immedi- 
 ate rupture. Admiral Vernon was sent to the West 
 Indies, to annoy the Spanish trade and settlements. 
 The king of Spain, on his part, ordered all British shij^s, 
 in his waters, to be seized and detained. In the end, 
 war was declared by England against Spain, on the 23d 
 of OctobfT, 1739. As early as February, 1736, gover- 
 nour Broughton, of South Carolina, liad a{)prized the 
 lieutenant governour of New-York, that a Spanish arma- 
 ment was preparing at Havanna, to attack Georgia and 
 South Carolina. The lieutenant governour and council 
 had, thereupon, forbidden supplies or arms to be ship- 
 ped to the Spaniards, and an embargo was also laid on 
 all vessels bound to St. Augustine. 
 
 ^ II. A remarkable application was made by captain 
 Norris, of the ship Tartar, then lying in the harbour of 
 New-York, for liberty to impress thirty seamen, whom^ 
 he said, were much wanted by him to man his vesse'L 
 The lieutenant governour and council ordered the may- 
 or of New-York to cause the impressment to be made» 
 The mayor, with a firmness which did him much ho- 
 nour, peremptorily refused to obey the order, and the 
 lieutenant governour and council prudently declined^ 
 though solicited, to take any further measures to com- 
 ply with captain Norris' requisition. The colonists 
 were yet ignorant of the practical operation of the 
 doctrine of impressment. The spark of liberty, en- 
 kindled in their bosoms, could not be extinguished by 
 the arts or arms of their rulers. The purple or spotted 
 fever was said to be making great ravages in South 
 
History of New-York. 
 
 m 
 
 Carolina, and the small pox, another terrible enemy of 
 n an, was stated to prevail at Barbadoes and Antigua* 
 The lieutenant governour and council ordered all ves^ 
 sels from South Carolina, Barbadoes and Antigua to 
 perf >rm quarantine. 
 
 § III. The forfuer assembly having been dissolvedy a 
 new election for representatives l>ei ame necessery* In 
 the city of New-York an entire change of members 
 was produced. None of those who served in the last 
 assembly were returned. Though great ex^ rtions had 
 been made by the lieutenant governc/ur to procure ^ 
 house, less rigid and unbending than the former, he 
 w^as equally unsuccessful in the attainment of his pur- 
 pose. Whatever differences existed between the new 
 members, on minor subjects of legislation, yet on those 
 leading and important questions, of granting supplies 
 for only one year, and of supporting the credit of the 
 paper money of the colony, there was but one opinion* 
 
 The lieutenant governour opened the session, on the 
 27th of March, 1739. He told the house to imitate the 
 British parliament, by granting liberal supplies. He 
 reminded it of the gratitude it owed to his majesty, for 
 his constant protection and support of the colonial trade, 
 and of the rights and liberties of the colony. He ear- 
 nestly recommended the house to provide for the long 
 arrears due for the support of government. He again 
 called ils attention to the ruinous state of the foit 
 among the Seneca Indians, and the barracks at Fort 
 George. The complaint of the French endeavour- 
 ing to alienate the affections of the Indians, was, as 
 usual, a prominent subject of his speech. He also in- 
 formed the house that the crown had repealed the law 
 regulating elections of representatives;, and concluded 
 
432 
 
 History of New- York. 
 
 by promising to give bis assent to any bills tlic a:*seui« 
 biy should pass, provided it would do its duty in re- 
 spect to the revenue. The house seemed to be even 
 less courteous than the former assembly. On a division 
 to take the speech immediately into consideration, only 
 five members voted in the affirmative, and seventeen in 
 the negative. The consideration of the speech was 
 postponed for a week. The house likewise reduced 
 the salary of the lieutenant go vernour, from 1560/. to 
 1300/. alledging the present embarrassments of the 
 colony as the cause for this reduction. Little business 
 was done, and the small pox being then prevalent in 
 New- York, the house took a recess to August 29, 1739. 
 When it reassembled, the lieutenant governour remind- 
 ed it of the subjects contained in his former speech. 
 He added that ship building was much neglected in the 
 colony, and suggested the propriety of increasing it by 
 a law to be passed for the purpose. He communicated 
 to the house a letter from the governour of Massachu- 
 setts, and a vote of its assembly, signifying a desire to 
 have the boundaries between the two colonies settled 
 by commissioners. The small pox still continuing in 
 New-York, the^ house, with the approbation of the 
 lieutenant governour, changed its place of meeting to 
 the house of Harmanus Rutgers, near the fresh water 
 pond. No report having been made to the house 
 of the expenditures of the sums voted in 1734, 
 amounting to nearly 12,000/. for the purposes of erect- 
 ing fortifications in New-York, Suffolk, Albany and 
 Schenectady, the commissioners appointed for applying 
 those monies, were directed to make report of the man- 
 ner in which they had been applied. The treasurer 
 ^yas likewise directed to report the receipts into the 
 
History of New-York. 
 
 433 
 
 treasury, under the acts laying a duty of tonnage, for 
 eniitting certain bills of credit, for laying duties oh 
 sales at auction, and for collecting the excise duties* 
 The house Toted that it was the duty of the crown to 
 sup[)ly the garrisons of the colony with bedding, ket- 
 tles, bowls and platters, and that no tax ought to be im- 
 posed on tlie inhabitants for the purpose. About this 
 lime seventy families of Highlanders had arrived, and 
 intended tb make a settlement at Wood Creek. Td 
 enable them to do so, the government had allowed them 
 a liberal compensation. The assembly were now pro- 
 ceeding to the subject of fortifications, always having 
 in view, however, that all supplies should continue but 
 for one year ; that they should be limited in their ap^ 
 plication to the specifick purposes directed by the house, 
 and that the credit of the paper currency of the colony 
 should remain unimpaired. 
 
 ^ IV. The lieutenant governour pressed the house to 
 raise a revenue in gross, and to leave its application' 
 to the lieutenant governour and council. This, as 
 usual, was opposed by the house, and the opposition 
 was highly offensive to his honour. As a prelude 
 to what he intended^ the lieutenant governour sent for 
 the house and prorogued them for a few days only^^ 
 with a view, as he said, " that the members might seri- 
 ously reflect upon these matters." This prorogation 
 produced no change in the temper or disposition of the 
 assembly, but rather served to increase its hostility ta 
 the court. The lieutenant governour seeing this spirit 
 of the house, was fearful of proceeding to extremities^ 
 He gave his assent to the bill for supporting the credit 
 6f the paper currency, and the house voted the usual 
 supplies for the support of government, and for victual 
 
 •55 
 
434 
 
 History of New- York. 
 
 ing five hundred men, to be employed in an expedition 
 against the Spaniards. On the 17th INovember, 1739, 
 the house was adjourned until the April following. 
 ^ ^ V. Subsequent to the next meeting of the assembly, 
 .certain events occurred, which, though they were not 
 completely developed until sometime afterwards, it will 
 • not be amiss to notice here in connection. These events 
 were calculated to awaken the feelings, and rouse tiie 
 * .resentment of the colonists against the unfortunate 
 Africans, who were devoted to a state of slavery. A rob- 
 .bery, which had been committed at the house of Robert 
 Hogg, a merchant in New-York, on the 28th of Febru- 
 ary, 1740-1, seemed to have led to the discovery of a 
 plot, which was afterwards called the negro plot. One 
 Mary Burton, an indented servant to John Hughson, 
 (a man of infamous character, and to whose house 
 slaves were in the practice of resorting to drink and 
 gamble, and of secreting the goods they had stolen) 
 was the instrument, in the hands of the magistrates, for 
 the detection and punishment of the offenders. On the 
 18th of March after the robbery, a fire broke out in 
 the roof of his majesty's house at Fort George, near tlie 
 chapel, consuming the house, the chapel and some other 
 buildings adjacent. Most of the publick records in the 
 secretary's oflSce, over the fort gate, were fortunately 
 rescued from the flames. A week after, another fire 
 broke out at the house belonging to a captain Warren, 
 near the long bridge, at the southwest end of the city. 
 Both these fires were, at first, supposed to be accident- 
 al. But about a week after the last fire, another broke 
 out at the store house of a Mr. Fan Zandt, towards the 
 eagt end of the town. Three days after a fourth alarm 
 was given, and it was found that some hay was on fire 
 
History of New-York. 435 
 
 in a cow stable near the house of a Mr. Quick, or a 
 Mr. Vergereau. The fire was soon suppressed. The 
 people in returning from that fire, were alarmed by a 
 fifth cry, at the house of one Ben Thompson, next door 
 west of a captain Sarly's house. It appeared that fire 
 had been placed between two beds, in the loft of a 
 kitchen, where a negro usually slept. The next morn- 
 ing coals were discovered under a hay stack, near the 
 coach house and stables of Joseph Murray, esq. in 
 Broadway. All these circumstances having occurred 
 in quick succession, the people were induced to be- 
 lieve that some designing persons intended to destroy 
 the city by fire. What strengthened this belief, was, 
 a seventh alarm of fire the next day, at the house of a 
 sergeant Burns, opposite the fort garden, an eighth 
 alarm occasioned by a fire breaking out the same day, 
 in the roof of a Mr. Hilton's house, near the fly mar- 
 ket; and again, the same afternoon, and within a, 
 few hours after, a ninth fire occurring, at colonel 
 Pliilipse's store house. This strange coincidence of 
 events, leaves indeed little room for doubt, that sotiie one 
 or more of the fires occurred through design. \X ^a^soqn 
 rumoured that the negroes were the perpetrators. One 
 QuackOj a negro, bel )nging to a Mr. Walter, wag said 
 to have made use of some mysterious language and 
 threats, indicating his knowledge of a plo^. A procla- 
 mation was issued, offering rewards for the discovery 
 of the offenders. Quacko, and several other negroes 
 were apprehended and closely interrogated, but with- 
 out effect. The supreme court, at its April term^, 
 strictly enjoined the grand jury to make diligent enqiu- 
 ries as to the late robberies and fir^s within the city., 
 Mary Burton^, who had been apprehended as a witnes?. 
 
History of New- York. 
 
 relative to the robbery at Mr, Hogg's, gave the grand 
 jury reason to believe that she was also privy to the de- 
 sign to set fire to the city. After some difficulty, she 
 made a disclosure, which, in all probability, was greatly 
 exaggerated, though some of its parts might have been 
 true. She stated that meetings of negroes were held 
 at her master's [Hughson.] That their plan was to 
 burn the fort and city. That one Caesar, [a black] was 
 *to be governoury and Hughson, her master, kijig ! That 
 
 they were to destroy the whites. That she had known 
 seven or eight guns, and some swordsy in her master's 
 
 bpuse ! That the meetings at her master's house, con- 
 sisted of twenty or thirty negroes at a time ! Upon this 
 evidence, warrants were issued, and many negroes 
 committed to prison. One Arthur Price, a servant, 
 charged with stealing goods, belonging to the lieutenant 
 governour, likewise became informer. Being in prison 
 himself, and having access to the negroes there commit-^ 
 ted, he received, o^ pretended to have received, much 
 information from them, He was afterwards employed 
 by the magistrates, to hold private conferences with the 
 negroes in prison, and to use persuasion and other 
 means to gain confessions from them. In this business 
 he was peculiarly expert, and received the most un~ 
 qualified approbation of the magistrates. Yet many of 
 his stories are of such a chivalrous and romantic de- 
 scription as to excite suspicion of their truth. But 
 every thing he related was implicitly believed. The 
 more extravagant the tale, the more readily was it re^ 
 ceived and credited. A white woman, who was a com- 
 mon prostitute, and familiar even with negroes, of the 
 name of Margaret or Peggy Salinburgh, alias Kerry, 
 nUas Sorubiero, likewise declared she could make 
 
History of New-York. 
 
 437 
 
 great discoveries. The magistrates eagerly hastened to 
 take her examination, and the consequence was, that 
 fresh warrants were issued for the apprehension of ma- 
 ny other negroes, not before implicated. Informers 
 were now rapidly increasing. Arthur Price, while in 
 prison, was making great discoveries. Operating on 
 the fears and hopes of the negroes, many declared 
 themselves accomplices. The magistrates were unceas- 
 ingly engaged. The grand jury were daily presenting 
 bills of indictment against the parties accused. To be 
 inculpated by Mary Burton, Arthur Price, or Peggy 
 Salingburgh, was sufficient to authorize the indictment 
 and conviction of any person. It is to be regretted 
 that on proof of such suspicious characters, so many 
 lives were placed in the hands of the executioner. Not 
 that we dispute the fact that some of the fires were 
 designedly set, but that we mean to be understood 
 as doubting the extent and nature of the plot ascribed 
 to the negroesc It is evident that Mary Burton w^as 
 wholly unworthy of credit. Independent of the ab- 
 surdity and improbability of many of her stories, she 
 had, on the 22d April, in her first examination and dis- 
 closure under oath, declared, " that she never saw any 
 wiiite person in company when they talked of burning 
 the town, but her master, her mistress and Peggy;'' yet, 
 on the 25th of June following, she deposed that one 
 John Ury, a Catholick priest, (a white person ) w as of 
 ten at her master's, and " that w^hen he came to Hugh- 
 son's, he [Ury} always went up stairs in the company 
 of Hughson, his wife, and daughter, and Peggy, with 
 w4iom the negroes used to be, at the same time, consult- 
 ing about the plot ;" and that the negroes talked in 
 the presence of the said Ury about setting fire to the 
 
438 
 
 History of Ntiv-York. 
 
 houses, and killing the white people," She afterwards, 
 on the 14th July following, declared, on oath, that one 
 Corry, a dancing master, (also a white person) used to 
 come to Huglison's, and talk wit h the negroes about the 
 plot. Yet on evidence of this kind, Ury, who had 
 previously been committed under the act against 
 Jesuits and popish priests, was indicted, tried, convicted 
 and executed. At the place of execution, he solemnly 
 denied the charge, and called on God to witness its falsi- 
 ty. But Ury was a Catholick, and the publick prejudice 
 was so strong, that it required very little more to en- 
 sure his condemnation. Had not Ury been obnoxious, 
 on account of his religion, the accusation against him 
 would perhaps have never been made, or, if made, 
 would have been little regarded. Mary Burton, re- 
 ceived the hundred pounds which had been promised as 
 a reward for discovering the persons concerned in set- 
 ting fire to the city. We shall now dismiss this article, 
 after giving the number who were accused, tried, and 
 suffered on this occasion, with some remarks, which 
 grow out of this subject. 
 
 ^ yi. One hundred and fifty-four negroes were com- 
 mitted to prison, of whom fourteen were burnt at the 
 stake, eighteen hanged, seventy-one transported, and 
 the rest pardoned, or discharged for want of proof. 
 Twenty white persons were committed, of whom two 
 only, John Hughson and John Ury, were executed. At 
 this time, the city of New- York contained a population 
 of about twelve thousand souls, of whom one sixth 
 were slaves. If a plot, in fact, existed for the destruc- 
 tion of the city and the massacre of its inhabitants ; and 
 if that plot was conducted by Ury, it certainly betray- 
 ed greater imbecility of intellect, and want of caution 
 
History oj New-York. 
 
 439 
 
 and arrangement, together with less union of action, 
 than could have been expected from one who was evi- 
 dently, if we believe his own account, a man of classi- 
 ^cal education, and profound erudition. It is worthy of 
 re nark, that Corry, the dancing master, accused by 
 Mary Burton, was discharged for want of proof! It 
 seems that Mary's testimony began, at length, to be 
 doubted. Indeed, it well might ; for had the prosecu- 
 tions continued much longer, she would, more than 
 probable, have accused a great portion of the wtfite 
 citizens of New-York, as being concerned la this plot 
 Daniel Horsmanden,esq. published, at the time, a history 
 of this conspiracy and laboured hard to prove its exist- 
 ence and extent. But it is evident that that hostility to 
 Catholicism, which the British government so industri- 
 ously inculcated, tinctured his mind, and gave it a bias 
 unfriendly to the fair developement of truth, or to the 
 full and impartial examination of facts and circumstan- 
 ces. The negroes were without defence. All the 
 counsel in the city were arrayed against them, and vol- 
 unteered their services on behalf of the crown, on the 
 trial of those unfortunate slaves. The want of educa- 
 tion, and utter ignorance of those infatuated wretches 
 easily made them the victims of craft, and impositi on. 
 The hopes of life, and the promise of pardon, influenc- 
 ed some of them to make confessions. Yet falsehood 
 was so ingeniously, and artfully blended with truth, that it 
 >vas not an easy task to separate the one from the other. 
 Jt must, however, be admitted, that many circumstances 
 aided the opinion that the plot, in fact, existed, and if 
 the people were mistaken in this, it was an errour into 
 which they might naturally fall at the moment of confu- 
 sion and distress^ and under the attending circumstances. 
 
 X 
 
Hisiory of New- YorL 
 
 A day of publick thanksgiving for the deliverance 
 of his majesty's subjects, from the alledged con- 
 spiracy, was appointed by the lieutenant governour, 
 and was devoutly and reverently observed by the inha- 
 bitants. 
 
 ^ VII. The assembly met in April, but immediately 
 after adjourned. In September, 1740, it was again 
 convened. The speech of the lieutenant governour 
 strongly recommended war measures for the defence of 
 the colony. He urged the house to grant further sup- 
 plies for the support and maintenance of troops and 
 forts, especially the fort at Oswego. He stated the ra- 
 pid progress of Christianity among the Six Nations of In-^ 
 dians, where the reverend Mr. Barclay was successful- 
 ly combating the delusions of infidelity and paganism. 
 He solicited the house to raise a revenue for a term of 
 years, as former assemblies had done, and not to limit 
 its duration to one year. It was in vain, however, for 
 the lieutenant governour to press this latter topick oii 
 the house. Their resolution was fixed, and so highly 
 indignant w^ere some of the members at this at- 
 tempt, that a motion made by Mr. Nicol, to re- 
 duce the lieutenant governour's salary to 780/. was 
 lost, on a division, by a majority of five voices on- 
 ly. The sum of 1,300/. which had before been allow- 
 ed, was then proposed, and carried by a small majority. 
 The liouse likewise voted that it would not subject the 
 colony to any additional taxes, to aid the contemplated 
 expedition against the Spanish settlements ; plainly in- 
 timating that it was the province of the crown to sup- 
 port its own wars. Captain Johan Jost Herkimer, Mr. 
 Henry Yan Rensselaer, Mr. John H Wendell, and 
 Mr. Gerrit A. Lansing, were directed to victual the 
 
History of New-York. 
 
 gan jsott at Oswego. Thirteen acts were passed at this 
 session. The militia act was amended, and the tax on 
 cider, pork and beef was repealed, but the duties on 
 sales at auction were increased, to make good the de^ 
 ficiency in the revenue. The house did not meet 
 again till the 15th April, 1741* 
 
 4 VIIT. It requires but little discernment to perceive 
 the growing importance of the legislature of the colo- 
 ny. In almost every struggle with its governours, it 
 was successful. In fact, the purse and the sword were 
 in the hands of the assembly. Publick monies could no 
 longer be misapplied. The revenue was limited to one 
 year, and the lieutenant governour was compelled, from 
 that circumstance alone, to call the legislature together 
 annually. This unyielding spirit of the assembly, as it 
 was termed by the lieutenant governour, induced him 
 to believe that the colony wished to throw off her de- 
 pendence on Great Britain. In his speech to the house 
 in April, 1741, he alludes to "a jealousy, which, for 
 some years, had obtained in England, that the planta- 
 tions were not without thoughts of throwing off their 
 dependence on the crown of England." That such a 
 jealously, even at that early day, had prevailed in some 
 of the cabinet circles in England, was strictly true, but 
 it was impolitick and unwise in the lieutenant governour 
 to touch upon so delicate a subject. An allusion of the 
 kind, rather served to enkindle than extinguish such a 
 sentiment. The colony of New-York was the most 
 loyal of all his Britannick majesty's possessions in Ame- 
 rica. From duty and inclination, she was sincerely at-^ 
 tached to the British government and nation. What- 
 ever speculations or theories might have been indulged 
 in, by some of its inhabitants, a vast majority of theni 
 
 56 
 
442 History of New-York. 
 
 entertained no wish for a separation from the mo- 
 ther country. The speech, therefore, was illy calcu- 
 lated to sooth the feelings of the people. Distrust and 
 want of confidence naturally beget each other. The 
 people perceived that no sacrifices on their part could 
 procure the respect or command the confidence of ti eir 
 rulers. After the colony had exhausted every effort to 
 support the rights and honour of the British crown, and 
 expended much of her best blood and treasure for the 
 purpose, it was cruel to tell her that she was a way- 
 ward, disobedient child, who was struggling for emanci- 
 pation from paternal authority. The answer of the 
 bouse was dignified, loyal and respectful. In style and 
 matter, it is a state paper of no little value. Nor was 
 the speech of the lieutenant governour deficient in 
 either. Both were superior to the speeches and an- 
 wera which had usually been made. 
 
HISTORY OF NEW-YOM, 
 
 PART X. 
 
 Including from the Year 1741, to the Year 1743, when. 
 Governour Clinton arrived, and terminated, the Admim 
 istration of Lieutenant Governour Clarke. 
 
 § I. The speech of the lieutenant governour in April, 1741. § 11. 
 Remarks thereupon, § III. Answer of the assembly. § IV. Its 
 proceedings. § V. Cuba taken by the British ; speech and answer 
 in September, 1741 ; proceedings of the house. § VI. Arrival of 
 governour Clinton. § VII. Character of the lieutenant governour. 
 
 In the preceding chapter we briefly noticed the 
 speech of the lieutenant governour, and the answer of 
 the assembly, at the April session, in 1741. These pa- 
 pers shall now be more particularly considered. As 
 evidence of the temper of the times, they may justly 
 be deemed valuable. On the part of the lieutenant go- 
 vernour every effort had been made to produce an 
 effect on the house. He commences his speech with 
 referring to the revolution which placed William and 
 Mary on the throne, and secured a protestant succes- 
 sion to the nation : That that revolution had protected 
 the colony in the enjoyment of its civil and religious 
 rights and privileges : That the colony had been more 
 highly favoured than any other of his majesty's pro- 
 
444 
 
 History of JNerv-York. 
 
 vinces ; and that, in grateful return for this protection^ 
 its former assemblies had, for many years, supported 
 the government conformable to the practice of the par- 
 liament of England : That, like parliament, these as- 
 semblies had never questioned the king's royal prero- 
 gative, and undoubted right to appoint officers for th(j 
 management of the revenue. But late assemblies, hav- 
 ing grown wanton by prosperity, had abused the cle- 
 mency of the crown, and had demanded the nomination 
 of their own treasurer : That this demand having been 
 granted, so far as related to the management of monies 
 raised for extraordinary uses, the legislature were em- 
 boldened, after the year 1709, further to insist on the 
 particular appointment of the salaries of the officers of 
 government, and absolutely refused to raise any reve- 
 nue unless this demand was likewise granted : That 
 consequently his majesty's auditor general w^as left 
 w ithout any salary ; thus fixing on themselves the de- 
 pendence of the officers for whom they provided, (for 
 men are naturally servants to those who pay them) and, 
 in effect, subverting the constitution, by assuming to 
 themselves one undoubted and essential branch of his . 
 majesty's royal prerogative." That he now hoped th^ 
 house was returning to a sense of duty to his majesty, 
 and would make parliament the model of its proceed- 
 ing: That this conduct alone would remove the jealou- 
 sy prevailing in Great Britain, that the colony wished 
 to be emancipated from the crown, and would enable 
 his majesty to pay his own officers and servants, where- 
 by they will be reclaimed to their proper dependence 
 That a speedy rupture with France w^as to be appre- 
 hended, and that timely provision should be made 
 against the consequences of that event : That hi« nm- 
 
Mistory of New- York. 
 
 445 
 
 jesty ha(};^6rdered large quantities of military stores 
 and ordnance^o be sent to the colony to aid in its de- 
 fence : That^hCi garrison at^ Qswego ought to be aug- 
 mented, and the militia of the colony placed under 
 better regulation : That an agent, of known integrity 
 and ability, was necessary at the court of Great Bri- 
 tain. 1 le then adverted to the late fires in the city of 
 New- York, and concluded by recommending tlie house 
 to provide for the rebuilding of the chapel, &c. in Fort 
 George, which had been destroyed, and for placing the 
 slaves under greater restrictions. 
 
 ^ II. The speech is replete with useful political 
 matter. It will be seen that the democratick branch of 
 the colonial government had placed the governour, and 
 almost every other officer, in a state of dependence on 
 its votes and measures. Not a single shilling could be 
 withdrawn from the treasury, but by legislative consent. 
 This was peculiarly galling to the lieutenant governour. 
 It had stripped him of that executive patronage and in- 
 fluence, which was deemed by him so essential to the 
 support of his administration. In truth, it was a great 
 step towards that independence which was afterwards 
 obtained. Thus, at an early day, the colonists had suc- 
 cessfully contended with the crown for a due participa- 
 tion of powder. Revolutions seldom go backwards. The 
 mind that has been long accustomed to think with free-, 
 dom and decision is not readily induced to yield, or to 
 recede from the course it has once adopted. The as- 
 sembly knew its power, and was determined to retain 
 it. It placed little dependence on the faith of kings or 
 governours, when unrestrained by some equiponderat- 
 ing influence. It was a just remark of the lieutenant 
 governour, that men are naturally servants to those who 
 
446 History of New- York. 
 
 pay them ; but he was not equally fortunate in his allu- 
 sion to the practice of the British parliament. He had 
 forgotten the ammal subsidy hills, so often insisted upon 
 by the house of commons, as a check upon the inordi- 
 nate ambition and power of the crown. Nor was it cor- 
 rect to say that the crown had protected the colony in 
 the enjoyment of its civil and religious rights and pri- 
 vileges. On the contrary, the ruinous wars, which the 
 British government had frequently waged, so destruc- 
 tive to the commercial and agricultural prosperity of its 
 colonies, and the heavy expenses which were defrayed 
 by this colony, as well towards the support of those 
 wars, as to its defence against the incursions of the In- 
 dians, had shewn that it owed little to the crown on the 
 score of gratitude, or protection. The expense of the 
 arms and military stores, which had been sent over 
 by the British government, to aid in our defence, 
 amounted only to the paltry sum of 8563Z. 125. 3d. 
 which was not one fourth of the amount of the taxes 
 we had raised, within a few years past, for the like 
 purpose. In what particular, therefore, the colony 
 had been " more highly favoured than any other of his 
 majesty's provinces,'' it wajs difficult to discover. A 
 reference to its history will shew that New-York had 
 borne greater hardships, expended more monies for the 
 support of government, and had exhibited more loyalty 
 and patient endurance, under all its difficulties, than 
 any other of his majesty's colonies. 
 
 ^ III. The assembly in its answer (which was said to 
 be the production of colonel Morris) assured the lieu- 
 tenant governour of its intention to provide for the 
 support of government, and the defence of the colony, 
 in the best manner its ability and circumstances would 
 
History of New-Yorh 
 
 447 
 
 allow : That the house viewed the revolution as a 
 blessing to the country, and admitted the protection it 
 had received from the crown, yet that " it must be 
 owned, on the other hand, that, in grateful return, the 
 assemblies did, from time to time, cheerfully support 
 the government, and made ample provision for all ex- 
 peditions, as well as for all other exigencies, for the se- 
 curity of the colony, and the service of the crown 
 That while publick monies were at the disposal of the 
 governour and council, they were misapplied, and that 
 the assembly, to correct the evil, directed such monies 
 as were raised for the forces intended for the security 
 of the colony, to pass through the hands of a persoa 
 appointed by the legislature : That queen Ann had 
 sanctioned this procedure, and allowed the colony to 
 have a treasurer of its own : That to discharge the 
 heavy debts it had incurred, the excise duties had 
 been, and still were, pledged for its redemption : That 
 formerly the rents reserved to his majesty, on lands 
 granted in the colony, all seizures, forfeitures and 
 dues, that arose in it to the crown were applied 
 for the support and incidental expenses of the 
 government : That though this application was 
 now discontinued, yet the legislature had granted 
 a more ample support than any of the neighbouring 
 colonies : That it had provided largely for firev/ood 
 and candles for his majesty's troops ; that it had grant* 
 ed considerable presents to the Six Nations of Indians ; 
 that it had erected, at a vast expense, a battery of fifty 
 guns, at the entrance of the harbour of New- York ; 
 and also new forts at Albany^ Schenectady, and among 
 the Mohawk Indians ; besides victualling five hundred 
 troops on an expedition to tJhe We^^t Indies : That 
 
448 
 
 ffHstiyry oj New-Yorh 
 
 though deficiencies in the revenue, to the amount of 
 several thousand pounds, had arisen, while publick 
 monies were under the controul of the governour and 
 council, yet the house had never failed in granting the 
 necessary supplies for the support of government : 
 That the house disavowed any intention of throwing off 
 their dependence on the British crown, aftirtning its 
 loyalty and attachment to his majesty : That the audi- 
 tor general (Horatio Walpole, esq.) would, no doubt, 
 receive a compensation from the king ; yet that consi- 
 derable sums had passed through the lieutenant gover- 
 nour for his use : That trade and commerce had dimin- 
 ished : That this was to be ascribed to the heavy bur- 
 thens laid upon commerce, from which many evils were 
 to be apprehended, and that " many instances might 
 be given where the channel of trade has been di- 
 verted, it has rarely (if ever) been retrieved That 
 an agent at the court of Great Britain would be 
 of essential benefit to the colony, " if depending 
 Oily and payahle the general assembly and that 
 the house indulged the hope that if a bill for the 
 purpose was presented to the lieutenant governour^, 
 it would receive his assent : That the house would 
 make provision for repairing the loss, by the late fires, 
 in Fort George : That it regretted that among the 
 military stores which had been sent over for the de- 
 fence of the colony, a sufficient quantity of gunpowder 
 had not been provided, a duty which the crown had 
 ever observed in regard to this country : That the ex- 
 pense of transporting the military stores, mounting the 
 gun«, and other necessary expenses, would be duly at- 
 tended to : That the better regulating the negroes, and 
 Ihe, ether subjects reconjmended by the lieutenant gp- 
 
IRstory #/ New-Yorh 
 
 449 
 
 rermvit would be duly considered and acted upon by 
 the house* In this paper warfare between the lieutenant 
 governour and the assembly, the latter had evidently 
 the advantage. In the speech we observe those ef- 
 forts of a high toned ambition to place the g ^vernment 
 out of the reach of the people ; while in the answer a 
 firm, yet moderate, adherence to truth, is its distinguiiih- 
 ing trait. 
 
 § IV. Notwithstanding the decided attitude of the 
 house, it voted liberal supplies for the support of the 
 war. 3,281/. 13^. lid. were voted for military works 
 and preparations in and about New-York. 200/. w< re 
 Toted for fitting out two sloops to go in search of sojue 
 Spanish privateers which were hovering about the har- 
 bour. 30/. were promised by tiie house to each volun- 
 teer who should be maimed or disabled in that service. 
 Meanwhile provision was made against the irruptions of 
 the Indians on the frontiers, and for securing tiie friend- 
 sliip of such as were considered in the British interest. 
 1'he commissioners of Indian affairs at Albany (Myndert 
 Schuyler, Abraham Cuyler, Dirck Tea Broeck, R>er 
 Gerritse, Johannis Lan.4ng, junior, Hendrick Ten 
 Ejck, John Schuyler, junior, and John De Peyster) 
 informed the house of the scarcity of provisions 
 among the Seneca Indians, and of the design of the 
 French to effect a settlement at Tierondequat. The 
 house voted monies to purchase provisions. The grand 
 jury, which had presented indictments against such as 
 were concerned in the negro ploty were called in, and 
 publickly thanked, by the speaker, on behalf of the as- 
 sembly, for their vigilance and attention^ in bringing 
 the ofienders to justice. After a few bilk were pa^^sed, 
 
450 
 
 History oj Nm-York. 
 
 relating principally to fortifications, the house was ad- 
 journed to the September following. In giving the de- 
 tails of the executive and legislative proceedings of the 
 colony, we are ready to remark the same dull monoto- 
 nous course on the part of the governours, at almost 
 every session. The topics which occupy their speech- 
 es, are revenue, fortifications, the decay of trade, and 
 the condition of the Indians, Seldom diversified with 
 other matter, their addresses are barren as to state af- 
 fairs, of more general importance. If, therefore, the 
 historian should be charged with a repetition of the 
 same subjects, let it be remembered, that the same sub- 
 jects were constantly presented to the consideration of 
 the legislature : That the circumscribed sphere, to 
 which we are limited, forbids a detail of facts, not 
 imniediately connected with (mr history ; and that we are 
 treating of a colony, not of a kingdom. A colony too, 
 containing a population even less than that of the city 
 of New- York, at the present day. 
 
 $ V. Before the next session, the British forces had 
 {succeeded in effecting a landing on the island of Cul>a, 
 and general Wentworth had urged the lieutenant go- 
 Ternour to send him additional forces. It w^as also un- 
 derstood, that a governour [Clinton] had been appoint- 
 ed to supersede Mr. Clarke, in the government of tlie 
 colony. Mr. Clarke urged this circumstance to the 
 house, at its September session, as an evidence of his 
 being disii?terested in the subjects he pressed upon the 
 consideration of the assemt)ly. He likewise called its 
 attention to the importance of passing laws for the in- 
 spection of flour, the staple commodity of the colony. 
 He again urged the house to provide for the rebuilding 
 
History of New- York. 
 
 451 
 
 of the erlifires in fort George, which had been destroyed 
 by fire, not forgetting the stale and often repeated sub- 
 ject of raising a revenue for a term of years. It was won- 
 derful that the bold and inflexible spirit of the house 
 had not taught him the vanity of hoping for success on 
 this last, but, to him, most ialeresting topic. The house 
 voted an address to his honour. The intrepid colonel 
 Morris was one of the cominittee appointed to prepare 
 it. It is an address of great length and unconurion 
 ability. It will be unnecessary to review^ it in detail, 
 as most of the subjects it embraces have already been 
 anticipated. Several petitions were presented frora 
 persons who had been confined for debt for several 
 years, praying legislative aid for their discharge. Bills 
 for tlieir relief were ordered to be brought in. The 
 quakers, being by the laws of the colony exempt from 
 serving as jurors, an attempt was made to take away 
 their privilege by bill ; but the house rejected it, by 
 fifteen votes to three. 500/. were voted for trans- 
 p Tling one hundred effective men to the West 
 Indies. Daniel Horsmanden, esquire,^^ was request- 
 ed by the house to collect and revise the laws in 
 force, with suitable notes and references. It does not 
 appear, however, that this work was ever completed^ 
 The house, in a humble address to his majesty, prayed 
 that* the crown might grant a sufficient sum to rebuild 
 the edifices, which had been destroyed by fire, in fort 
 
 * Mr. Horsmanden was a judge of the supreme court. To his age^ 
 and growing infirmities, may be ascribed the introduction of that ar- 
 ticle in our state eonstitation which limits the duration of the office of 
 JudgCo 
 
A52 
 
 History of New- York. 
 
 George. After the lieutenant governour had given his 
 assent to eleven laws, the house adjourned till the 16th 
 March, I7U-2; Among the number of laws passed, 
 we do not find any which afforded relief to unfortunate 
 imprisoned debtors ; so much was the government 
 wedded to that sanguinary policy which stains the an- 
 nals of English jurisprudence, and permits an exaspe- 
 rated creditor to incarcerate his unfortunate debtor 
 for life. The house in its next session, (and which was 
 continued to October) was principally occupied in 
 making appropriations for the defence of the colony, 
 and raising a revenue sufficient to meet the expense. It 
 again met in April, 1743. Several of the magistrates 
 of the colony having been proceeded against by infor- 
 matiorij (a powerful instrument in the hands of the 
 crow^n lawyers) for not repairing the court houses and 
 gaols in their counties, a bill was directed to be 
 bn>ught in to prevent such vexatious proceedings in 
 future, but it did not pass into a law. 
 
 f VI. On the 23d of September, 1743, his excellency 
 George Clinton, who had been constituted governour 
 of the colony, arrived, and his appointment was duly 
 proclaimed ; thus superseding Mr. Clarke in the go- 
 vernment of the colony. 
 
 ^ VII. When we consider the administration of lieu- 
 tenant governour Clarke, we shall find little to dis- 
 tinguish it from that of his predecessor ; at least in 
 one important particular, namely, that of a strict 
 and pertinacious adherence to prerogative. It cannot 
 be denied that he possessed a greater share of pru- 
 dence:, and certainly more talents for governoient^ 
 
History of New-Yorkn 
 
 453 
 
 4han Cosby. During a period of more than seven 
 years he evinced, with but one or two exceptions, 
 a strong desire to conciliate the affections of the 
 people. Apart from his notions of monarchy, he con- 
 tributed much to the prosperity of the colony. His 
 constant attention to the promotion of trade and com- 
 merce, entitle him to applause. Though he did not 
 possess the suavity of manners which distinguished 
 his predecessor, he was his equal in integrity, and far 
 his superiour in acquired knowledge and vigour of 
 intellect. His speeches do credit to him as a scho- 
 lar, and his arguments required the combined talents 
 of the assembly to weaken or destroy. 
 
 George Clarke was descended from an ancient and 
 respectable family, of that name, in Somersetshire, whose 
 family residence and estate was at Swainswick, near Bath, 
 and in whose possession, as tradition goes, is a sword, said 
 to have belonged to King Bladud, who first discovered 
 the virtues of the Bath waters. Mr. Clarke, in early life, 
 pursued the study of the law, and was married to Mis^ 
 Ann Hyde, an heiress of the elder branch of the house 
 of Hyde, in the county Palatine of Chester, about the 
 year 1703 or 1704. He came over to this country, and 
 continued in the service of the crown and colony till af^ 
 ter the breaking out of the war in 1 743, when he was su- 
 perseded by Mr. Clinton. In the year 1745, on his re- 
 turn to Great Britain, he was captured by the French, 
 but soon after being released, he retired, for the re- 
 mainder of his days, to the city of Chester, where he 
 died in 1763, and bequeathed his property to hia 
 ©nly surviving male issue, George and Edward, who, 
 with four other of his children, were born in the 
 
454 
 
 History of New-York. 
 
 state of New- York. George was many years se- 
 cretary to the province, which he resigned about 
 tlie year 1772, and died at Hyde, in the year 1776, 
 having never been married. Edward was in the army, 
 and commanded a company of Albany provincials, 
 at the taking of the Havanna, under lord Albermarle ; 
 and for his services was made a major on the field. He 
 afterwards went over to Jamaica, having retired from 
 the service, and again returned, in 1772, to this coun« 
 try ; from whence he went over to England and died in 
 1774. He left only one son, George Hyde Clarke, 
 whose eldest son George, is the present possv ssor of the 
 estates of his ancestors in this state, and has two sons> 
 in this country, viz. George Hyde, and Edward Hyde, 
 who, on the 5th of August, 1811, declared their inten- 
 tion of becoming citizens, in conformity to the act 
 of congress to establish an uniform rule of naturaliza- 
 tion. We have been led into this lineal detail, be- 
 cause, in reverting to our history, we find this family 
 among the few that were high in office, who have re- 
 tained their possessions through the convulsions of the 
 revolution. 
 
 At the close of the administration of Clarke, the 
 finances of the colony were not in the most prosperous 
 condition. The duties on negro slaves, wine, rum, 
 brandy, cocoa, and dry goods, from September, 1741, 
 to September, 1742, amounted to 2197/. 7^. \\d. only ; 
 while the expenses of government, for about the 
 game period, amounted to upwards of 4600/. This de- 
 ficit is to be ascribed to the enormous salaries allowed 
 to the lieutenant governour, and other officers, and 
 to the large sums of money expended for military pur- 
 
History of New-YorJc. 
 
 455 
 
 poses, and for securing and retaining the friendship of 
 the Six Nations of Indians. Whenever the governours 
 of the colony required heavy requisitions to be made 
 upon the purses of the j>eople, they had only to inform 
 the assembly of the evils to be apprehended from 
 the intrigues of the French among the Indians, of their 
 attempts to alienate their affecti(?n from the Britishj 
 and of the danger to the religion and liberties of the 
 people, from the efforts of popery, like true protestants 
 and Englishmen^ they immediately voted large sup-* 
 plies. 
 
HISTORY OF mEW-YORK- 
 
 PAllT XL 
 
 Including from the Year 1743 to the Year 1745, being 
 two Years of Governovr Clinton's Administration. 
 
 ? I. Arrival of governour Clinton. § IT. The pretender obtains the 
 French interest in his favour for the invasion of England ; war be- 
 tween France and England. § III. Meeting of the assembly. 
 § IV. Its continuance regulated ; measures of defence and other pro- 
 ceedings. § V. April session, 1744; assembly unite with the g( vt;r- 
 Dour in war measures. § VI. Remarkable claim of lieutenant gover- 
 nour Clarke. § VII. July session. § VIII. Bill requiring test 
 oaths ; British fur trade ; defence of Oswego. § IX. Cannon sent 
 to Georgia ; complaint by Virginia against the Indians. § X. In- 
 vasion of Canada 5 paper currency. § XI. Assembly disinclined to 
 attack Canada ; rupture between it and the lieutenant governour; 
 dissolution of the house. 
 
 The arrival of Mr, Clinton diffused no little joy 
 throughout the colony. Very favourable accounts of 
 that gentleman's talents and liberality had reached the 
 inha})itants, and Ihev were induced to believe that his 
 whole attention and services would be devoted to the 
 prosperity of the country. His address to the legisla- 
 ture, on his arrival, tended to confirm these favourable 
 impressions. His assurances that the welfare of the 
 colony should be his chief care and study," were re- 
 
 58 
 
458 
 
 History of Nerv-York. 
 
 ceived with unbounded confidence. Mr. Clinton, ac- 
 cording to the practice of former governours, on the 
 first publication of their commission, dissolved the 
 general assembly, and issued writs for a new election ; 
 a practice highly agreeable to the people, and especial- 
 ly at the present juncture of affairs in England. 
 
 ^ II. The chevalier de St. George, (the pretender,) ow- 
 ing to the dissentions in the British parliament, had been 
 encouraged to believe that a powerful party in England 
 and Ireland were ripe for a revolt in his favour. He 
 had given the French court to understand that if he, or 
 his eldest son, Charles Edward, a youth of promising 
 talents, could appear at the head of a French army in 
 England, a revolution in his favour would be the imme- 
 diate consequence of his enterprise. Little argument 
 was wanting to engage the French ministry in his 
 interest. An invasion was soon meditated, and the 
 expedition was placed under the direction of count 
 Saxe, who was to command fifteen thousand men. 
 A great number of vessels was assembled for their 
 embarkation at Dunkirk, Calais, and Boulogne, with 
 a view of effecting a landing in Kent, in England, 
 under convoy of a strong squadron, which was 
 preparing at Brest. In .January, M. de Roquefeuille, 
 sailed from that port with twenty ships of war. 
 The English government was not unapprized of these 
 hostile preparations, and every exertion was made to 
 guard the coast against the threatened invasion. The 
 French king declared w ar against England on the 20th 
 day of March, 1744, and on the 31st of the same 
 month, England made a similar declaration against 
 France* 
 
History of New-York. 
 
 459 
 
 $ III. To alarm the colonists, to call their loyaltj^ 
 into action, and to induce them, like true Englishmen, 
 to direct all their energies to one object, it was only ne- 
 cessary to tell them that their religion and their liber- 
 ties were in danger from the pretender and the pope ; 
 an association of characters which was the constant 
 representation of rebellion, treason and destruction. 
 Colonel Morris, who has already been mentioned, re- 
 ported an address to his excellency, at the Novem- 
 ber session, in 1743, This gentleman, although hos- 
 tile to the court, could not resist the powerful 
 influence which these threatened mnltiplied evils 
 had produced on the minds of the people. He was, as 
 usual, returned a member from Westchester, and the 
 address, which he reported to the assembly, was an ef- 
 fusion of loyalty to the British king, and exhibited a 
 zealous adherence to the religion of his ancestors. The 
 speech of the governour was mild and uinassuming. 
 The answer was complimentary, and passed over in si- 
 lence all the former subjects of difference between the 
 executive and the assembly. 
 
 $ IV. Yet soon after the opening of the session, 
 the house recurred to a discussion which had hith- 
 erto frequently occupied its attention. It voted, 
 ncmine contradicente^ that a bill be brought in to as- 
 certain the continuance of this and all succeeding 
 general assemblies in the colony. It will be seen, 
 from the history of the colony, that the frequent 
 adjournments, prorogations, and dissolutions of the 
 assembly, on account of their attachment to the in- 
 terests of the people, w^ere particularly obnoxious. 
 Besides, the great expense incurred by these pow- 
 
460 
 
 History of New- YorL 
 
 erfql instruments of monarchical power, the people 
 were often required to make an election when, but a 
 few months before, their representatives had been 
 discharged from service on the charge of obstinacy and 
 disloyalty ; and the whole force of executive influence 
 was directed against their re-election* It is true that 
 these efforts were generally unavailing ; but feuds and 
 quarrels were created thereby unfriendly to the peace 
 and comfort of the colony. The bill for limiting the 
 continuance of the general assembly was passed, and 
 recf ived the assent of the governour. At this session 
 likewise a bill for the relief of imprisoned debtors was 
 passed into a law. The militia of the colony was plac- 
 ed under better regulation, after some difference of 
 opinion between the house, and the governour and 
 council. The credit of the paper currency was sup- 
 ported by a law ; legacies were made recoverable in 
 the courts of common law, alid the annual supply bill 
 was, as usual, discussed, and, after some restrictions, re- 
 ceived the assent of the governour and council. The 
 small pox prevailing in some of the West India islands, 
 occasioned the introduction of strict quarantine regula- 
 tions. Although the bill for regulating prosecutions 
 by information passed the house, it was not acted upon 
 by the council. The attorney general, it seems, had too 
 much influence with that body, to permit so lucrative a 
 branch of his business to be sacrificed. The governour, 
 after communicating to the house the European intelli- 
 gence he had received in relation to hostilities with the 
 French, and exhorting the house to unite in resisting 
 the encroachments of the enemy, adjourned the house 
 lo April, 1744. All local subjects of dispute among 
 
Hisfori/ of Nov-Yoi'k. 
 
 4G1 
 
 the colonists, seemed now to be absorbed in the more 
 -important considerations of warfaie and defence. 
 
 9 V. Ardent in the support of the British crown against 
 the power and influence of the French and the pretender, 
 the people were not inclined to examine too closely the 
 conduct of ttieir rulers. So zealous was the assembly 
 in the cause of their king, that at its April session, in 
 1744, it united in addressing the governour to thank 
 him for his speech, and to express the abhorrence of 
 ihe base designs of his majesty's enemies of invading 
 his kingdom in favour of a popish pretender ; declaring 
 how sensif)le they were of the happiness they enjoyed 
 imder his majesty's reign ; and that their civil and reli- 
 gious rights, next under God, depended on the protest- 
 ant succession in his ilhistrious house : That they would 
 cheerfidly concur in every measure for the security 
 and welfare of the colony, which they were well as- 
 sured his excellency had sincerely at heart. The sin- 
 cerity of the assembly, in this address, is evident from 
 the earnestness with which they pursued the system of 
 defensive measures. Upwards of four thousand pounds 
 were voted for fortifications, and other military opera- 
 tions ; a tax upon all the estate, real and persoai, of the 
 inhabitants, was likewise voted to defray the expense. 
 The house requested the governour to send a detach- 
 ment of troops to Oswego, which post, it was said, was 
 in danger from the enemy, and voted to pay the charge 
 of transporting and victualling those troops. 
 
 P VL The former lieutenant governour, Clarke, present- 
 fid a memorial to the house, setting forth that the sum of 
 13,203/. 17^. l^d. was due to him from the colony, as 
 well under several of its laws, as by virtue of several 
 
162 
 
 History of New- York. 
 
 warrants signed in council, and praying that the trea- 
 surer of the colony might be directed to pay it. The 
 treasurer having been served with a copy of this me- 
 morial, repelled the charge made by Mr, Clarke, insist- 
 ing that not more than one thousand and sixty-two 
 pounds was due to Mr. Clarke, and that he would long 
 since have endeavoured to pay the arrears, could he, the 
 treasurer, have obtained from Mr. Clarke any account 
 of the several bills or drafts on him, payable to other 
 persons, in order to compare and examine the same 
 with his own accounts : That Mr. Clarke had, during 
 his whole administration, been as duly paid, if not bet- 
 ter, than any governour or commander in chief. This 
 altercation only proved that Mr. Clarke was willing to 
 indulge his spleen against a faithful officer, who could 
 not be made subservient to his political views. The 
 subject did not again appear before the house, although 
 Mr. Clarke was served with a copy of the treasurer's 
 denial of the facts charged in his memorial. 
 
 ^ VII. The assembly, having taken a short recess, 
 was reassembled in July. The governour, in his 
 speech, informed the house of the war in Europe, 
 and of tiie causes which produced it. He stated, 
 that the several fortifications in New-York, Albany, 
 Oswego, and the garrisons throughout the colony, 
 lequired augmentation and support : That some can- 
 non and ammunition had been sent to Oswego, to- 
 gether with a reinforcement of men : That a detach- 
 ment had been sent to Saratoga : That an interpreter 
 had been sent to the Indians ; and that six of them had 
 likewise been employed as scouts, and to watch the mo- 
 tions of the enemy : That at tlie interview which his ex- 
 cellency had with the Six Nations of Indians, at Al- 
 
History of Neiv-York. 
 
 463 
 
 bany, they appeared disinclined to take a part in the 
 war, unless the French attempted to invade the pro- 
 vince: That commissioners from Massachusetts and 
 Connecticut had likewise attended that interview, in or- 
 der to revive the ancient amity and alliance, which 
 subsisted between those provinces and the Indians, 
 and his excellency had given encouragement to that 
 object as a measure which would strengthen his majes- 
 ty's interest in America. He also exhorted the house 
 tf) provide against attacks upon the coast, and to take 
 measures to guard the colonial commerce from the de- 
 predations of the enemy. He regretted the heavy ex- 
 pense to which the people would be subject, but he 
 trusted that the important objects in view, viz. the 
 protection of their civil and religious rights would be a 
 sufficient compensation for the expense. The assembly 
 directed its clerk to write circular letters to all the 
 members of the house, requiring their punctual attend- 
 ance. It afterwards voted, unanimously, that as his ma- 
 jesty was engaged in a war with France and Spain, the 
 house would provide ways and means for putting the 
 colony into such a posture of defence as would on the 
 one hand discourage the enemy from making an attack, 
 and on the other, would excite the inhabitants to make 
 a vigorous defence, in case such attack should be made. 
 The assembly were industriously employed in prepar- 
 ing for the war. Supplies were liberally voted. 
 
 ^ VIII. A bill was brought in, requiring all per- 
 sons in the colony, to take the oaths appointed by 
 parliament for the security of the government and the 
 protestant religion. Mr. Jones, from Queens county, 
 opposed the bill. He stated that there was not one pa- 
 pist or jacobite in a hundred in the colony, and that the 
 
464 
 
 Historij of New-York. 
 
 provisions in the bill were unreasonable, and placed the 
 inhabitants under restrictions, which were improper and 
 unnecessary : That the loyalty of the colony was never 
 doubted, and that the bill seemed to imply that there 
 were reasons to question their allegiance to the British 
 crown, which was a reflection highly unjust and injuri- 
 ous. In support of the bill, it was urged that in Dutch- 
 ess county, a number of Moravians were unfriendly to 
 the government, and secretly exciting the Indians to 
 revolt. The bill was carried by fourteen votes to se- 
 ven. Quakers were indulged in affirming instead of 
 swearing. Meanwhile the war had occasioned consid- 
 erable alarm along the frontiers. Their exposed situa- 
 tion, as it regarded the French government, in Canada^ 
 and the Indians in the interest of that crown, had seri- 
 ously injured the British fur trade, from which great 
 profit had been derived. The Indian traders, at Oswe- 
 go, had abandoned the place upon the first notice of the 
 war. This gave great encouragement to the French^ 
 who improved it much to the disadvantage of the En- 
 glish. The Indians began to look to the enemy for 
 protection, believing the English were too weak or too 
 pusillanimous to defend their rights. An attack upon 
 Oswego was likewise designed by the enemy. The as- 
 sembly ordered that a detachment should be sent from 
 Albany to increase the garrison at Oswego, and voted, 
 that in case that place should be attacked, further rein- 
 forcements should be sent, at the expense of the colo- 
 ny. Vigorous measures were, every where, adopted 
 to give the enemy a warm reception. Stephen Van 
 Rensselaer, esquire, had engaged to furnish fire wood 
 and candles for all the garrisons in Albany county, and 
 the house voted the necessary supplies. were vot- 
 
History of New-York. 
 
 465 
 
 ed to Ml- Jacobus Bleecker, for his services, as inter- 
 preter for the Indians. 220/. were appropriated iot 
 presents to the Indians, and for the expenses of the 
 comujissioners for Indian affairs at Albany. Large 
 suais were voted for other purposes, and nothing was 
 wanting to evince the loyalty and zeal of the assembly* 
 Several French prisoners having been brought into the 
 colony, the governour requested the house to make 
 provision for their support. The assembly, in its an- 
 swer, proposed that the prisoners should, without delay, 
 be sent out of the colony, as the charges of the war 
 were already sufficiently severe upon the people. The 
 governour assented to the reasonableness of tliis propo* 
 sal, and gave assurance that speedy measures should be 
 adopted to carry it into effect. The prisoners were af- 
 terwards sent to St. Domingo, under a flag of truce. 
 
 ^ IX. The proceedings of the governour and coun- 
 cil were alike decided with those of the assembly. 
 Fourteen twelve pounders were sent by that body to 
 general Oglethorpe, the governour of Georgia, to aid 
 in the defence of that colony. Supplies were prohibit- 
 ed to be sent to Cape Breton, and the exportation of 
 gunpowder was interdicted. A complaint w as made 
 to the council by the governour of Virginia. He 
 stated that some of the Six Nations of Indians had ap- 
 peared on the frontiers of that province, and had killed 
 some of the white people, and carried off their proper- 
 ty. The commissioners of Indian affairs addressed the 
 governour on the subject, who sent an interpreter to 
 Onondaga, to make enquiries from the Indians. The 
 interpreter returned with an answer from them, denying 
 the complaint in part, and adding that the Virginm 
 people tirpi fired upon the Indiaof:, 
 
 69 
 
466 
 
 History of New-Yorlc. 
 
 ^ X. The English government now gave express or-- 
 ders to the governour, to carry hostilities into the ene- 
 my's territory. The Canadas were always viewed as 
 an object of the greatest importance to the British 
 crown. The present war afforded an opportunity of 
 obtaining this prize, and the governour was known to 
 be devoted to the interest of the ministry, and that he 
 would leave no expedient untried to prevail on the as* 
 sembly to second the crown in this enterprise. Ac* 
 cordingly, at the March session, in 1 744-5, he informed 
 the house, that the attempts made by the French, the 
 preceding summer, upon Annapolis, had induced the 
 province of Massachusetts to form a plan for invading 
 the French settlements in Canada ; and that governour 
 Shirley wished the colony of New- York to co-operate 
 with Massachusetts in this design : That he, Mr. Clin- 
 ton, had sent ten pieces of ordnance to Boston, and he 
 urged the house to adopt measures for carrying on an 
 offensive war against the French. Before the house 
 proceeded to consider the speech of the governour, the 
 intelligence, received from England, relative to the paper 
 currency of the colony, became highly alarming. The 
 speaker declared, from the chair, that there was a hill 
 pending before parliament, to prevent the issuing of 
 colonial bills of credit, arid the making them a legal 
 tender in payment of money : That this bill, if passed, 
 would be injurious to the colony. The house appoint- 
 ed a committee to consider the subject. Ttiis commit- 
 tee made a long report, clearly evincing the utility of 
 this species of paper money ; and that, without it, the 
 colony would not have been^ able to support the go- 
 vernment, especially in raising forces ; and that the 
 credit of those bills had never been i^xipaired. The 
 
Hislory of New-YorJc. 
 
 467 
 
 liouse voted that agents should be eitiployed in Eng- 
 land to oppose the bill before parliament. 
 
 ^ XL The house now entered upon the subjects re- 
 commended in the governour's speech. Contrary to 
 parliamentary u^age, it neither voted an address 
 to the governour, nor any answer to his speech. A 
 strong party was forming to oppose those gigantick 
 views of conquest, which the British entertained as it 
 regarded the Canadas. The house was resolved upon 
 defending the colony and securing the friendship of 
 the Indians ; but it deemed the conquest of Canada a 
 business of the crown, and not appertaining to the colo- 
 jiial affairs. This sentiment of the house was offensive 
 to the governour, who had sent assurances to England 
 of the willingness of the colony to support the war, 
 and that it was here a very popular measure. On the 
 14th of May, 1745, he sent for the assembly; he charg- 
 ed the house with rudeness and incivility in omitting 
 to answer his speech : That sufficient provision had not 
 been made for enabling the governour to have the ne- 
 cessary interviews with the Six Nations of Indians, and 
 for making them suitable presents : That by thus neg- 
 lecting the means of securing the fidelity of the In- 
 dians, the enemy were enabled to seduce them from 
 their allegiance, and to gain an ascendency over them : 
 That the erecting of blockhouses and forts, and the 
 maintenance of scouts, to watch the motions of the ene- 
 my, had not received due attention from the house. 
 The governour, after complaining of some other mat- 
 ters, dissolved the house. This was the first open dis- 
 agreement between the assembly and Mr. Clinton. Its 
 causes were easily traced. The taxes imposed upon 
 the colony were already very greatj, and the house felt 
 
468 
 
 History of New-York. 
 
 MO disposition to increase them, unless for the purposed 
 of defence only. On the other hand, the Canadas were 
 too valuable an acquisition to the crown to be aban- 
 doned. Yet the charge of supporting a war against a 
 liingdom so powerful as France, was burdensome ta 
 the nation ; and it was natural to suppose that the min^ 
 istry wished the colony to participate in the expense. 
 
 Other subjects of irritati on likewise existed between 
 the governour and the house. Richard Bradley, esq. 
 his majesty's attorney general, had made himself 
 obnoxious on account of the enormous exactions he 
 had imposed upon the people. The assembly had de- 
 termined to restrain the exercise of this officer in re- 
 gard to informations. The governour and council were 
 resolved to support the attorney general. Besides, the 
 governour thought himself ill treated in other respects. 
 Intelligence had been received that seven French ships 
 of war, viz. two of seventy-four guns, two of sixty-four 
 guns, two of fifty-six guns, and one of thirty-six guns, 
 with upwards of twenty sail of transports, and three 
 thousand six hundred troops, had arrived at Martinique, 
 for the American station. This fact had been com- 
 municated to the house, as w^ell as certain letters from 
 the duke of Newcastle, signifying his majesty's orders 
 as to the mode of carrying on the war, and as to an at- 
 tack upon the French settlements in Canada. Com- 
 modore Warren likewise had received instructions 
 from the crown to demand assistance from the colonies, 
 either in men, provisions, or vessels. All these sub- 
 jects, though pressed upon the house, were not regard- 
 ed in any particular manner, nor called from them any 
 further measureg or support. It may be added, that 
 
History of New- York. 
 
 469 
 
 the governour had laid before the assembly a petition 
 from some of the settlers on the northern frontiers, 
 setting forth their exposed situation as it regarded the 
 Indians, and praying for protection, and that the house 
 had taken no order upon it. All these circumstances 
 tended to widen the breach between the governour and 
 the legislature ; and what at length, in addition to 
 other causes, created an open rupture, was the omis- 
 sion of the^house in providing for repairs done to the 
 fortifications at Oswego at the commencement of the 
 French war, and in furnishing lieutenant Butler with 
 necessaries for his passage to Oswego the preceding falL 
 The governour's pride was likewise sensibly affected 
 by the high and decided tone assumed by the house as 
 it related to the government in general. He made use 
 of the following language to the house : " You have 
 adventured to take upon you the assignments of the 
 plans for erecting batteries within this city ; to direct 
 the number of guns to be placed upon them, and to or- 
 der the issuing out of gunpowder provided for the use 
 of the publick, without consulting me in either respect ; 
 which, in effect, is assuming the administration of the 
 government, and wresting his majesty's authority out 
 of the hands of the governour. Thus from an invinci- 
 ble untowardness on the one hand, and an inordinate 
 thirst of power on the other, you have become, as it 
 were, a dead weight against the other branches of the 
 legislature.^' 
 
 Yet if we consider the proceedings of the house in 
 their true light, we cannot concur in the severe censure 
 which was cast upon it by the governour. All its pro- 
 ceedings are strongly marked with attachment to the 
 
470 
 
 History of New-York. 
 
 crown and resolution to defeiid the rights of the colony. 
 It had been lavish of its resources, and had imposed 
 heavy burthens upon the people to assist in the prose- 
 cution of the war. It had voted premiums to such pri- 
 vateers as should take or destroy any of the armed 
 vessels of the enemy between certain places on the 
 coast. It had resolved to place the city of New-York 
 in a posture of defence, and had directed estimates of 
 the expense to be laid before the house ; and by which 
 it appeared that nearly 8,000/. would be necessary for 
 the purpose. The punctilio insisted upon by the go- 
 vernour, that it was his exclusive right to assign places 
 for erecting fortifications, was hardly worthy of notice 
 at this crisis, unless the exercise of if by the assembly 
 had been abused or neglected; this indeed was not 
 pretended. Although the assembly had not, at this 
 session, co-operated with the neighbouring colonies in 
 the proposed attack upon the French settlements in 
 Canada, yet this omission had not proceeded from a 
 want of loyalt} , nor was it just to make it a subject of 
 complaint. 
 
 The forwarding of cannon to Boston, and also to the 
 province of Georgia, (the very freight of which had 
 been paid by the assembly) was surely an act which de- 
 served some credit from the governour on the score of 
 liberality and patriotism. No inordinate thirst of 
 power" had influenced the legislature in its delibera- 
 tions, unless that may be so termed which tended to 
 check the misapplication and waste of publick monies. 
 If the house could be charged with " invincible unto- 
 wardness," it was only in resisting the overgrown influx 
 ence of the crown and of its ministers. If the assem- 
 bly " assumed the administration of the government/- 
 
History of New-York. 47 i 
 
 it was to protect the subject from oppressive taxation, 
 and to secure the liberties of the people from tyranny 
 and despotism. Posterity will always remember, with 
 gratitude, the men, who, in the worst of times, and 
 without shrinking, could meet the frowns of a govern- 
 ment, whose lust of power and culpable ambition could 
 involve in misery and ruin the very people it was bouiid 
 by every sacred tie to fostej; and protect* 
 
, HISTORY OF NEW-YOMC. 
 
 PART XII. 
 
 Indnding from, the Year 1745 to the Year 1746. 
 
 § I. Blassachusetls requests the aid of ]N"ew-York in an expedition 
 against Louisbur^h; Warren arrives with a fleet; success before 
 Louisburgh ; its capitulation. § il. Pililitary operations on the fron- 
 tiers of New -York ; inhabitants of Albany alarmed ; Hosick desert- 
 ed, and Saratoga destroyed ; incursions of the enemy. § III. Fron- 
 tiers of Kew-England invaded ; Stockbridge attacked, and Wood- 
 stock destroyed. § IV. Grand conference with the Indians at Al- 
 bany ; commissioners from four colonies attend ; conference termi- 
 nates in partial success ; Massachusetts dissatisfied with New- York. 
 ^ V. Meeting of the assembly, and preparations for defence. § VI. 
 The governour demands the assistance of the Six ISTations of Indians; 
 reward for scalps voted 5 VII. General Fuller's regiment arrives 
 and sent to Alba -y ; forty thousand pounds voted to be raised by 
 tax. § VIII. Day of fasting and prayer ordered ; a Lutheran priest 
 forbidden to preach, and doctor Magraw suspected. § IX. State of 
 the frontiers in 1 746 ; murders, &c. by the Indians. § X* Disagree- 
 ment between New-York, Pennsylvania and Connecticut as to sup- 
 plying the Indians with provisions, &c. § XI. Meeting of the assem- 
 bly in April ; governour's message. § XIT, Expedition against 
 Canada ; proceedings of the assembly ; mortality in Albany. 
 
 France and England were now preparing to pre- 
 secute the war with vigour. Their respective colonies^ 
 on the American coutinent, were inflamed with the 
 
 60 
 
474 
 
 History of New-Yorh 
 
 same zeal ; and their hostilities, though less importani 
 in their consequences or extent, were carried on with 
 equal resolution. At an early day, governour Shir- 
 ley, of Massachusetts, had communicated to the gover- 
 nour of New-York, his desire of forming an expedition 
 ag .inst Loui burgh,^^ and requesting the co-operation 
 of New-York. Governour Shirley represented that 
 such an expedition could not fail of success, if aided by 
 a British naval force, which was hourly expected. He 
 urged the raising of troops and munitions of war for 
 the purpose, and the necessity of despatch. He atated 
 that the colony of Massachusetts had, at great ex-pense, 
 furnished even more than her quota of men. The as- 
 sembly of New-York, which was then sitting, voted 
 five thousand pounds towards the expedition. The fleet 
 which had been destined for the American station, un- 
 der commodore Warren, had, shortly before^ arrived, 
 
 Louisburgh, the eapital of Sydney or Ciape Breton island, is sUu- 
 ated in N. lat. 45, 54, W. long. 59, 55. Its harbour is one of the fin( st 
 in ^^o^th America ; being almost four leagues in circuit, and having 
 six or seven fathoms water in every part of it. Louisburgh stands on a 
 point of land on the S. E. side of the island. Its streets are very re- 
 gular and broad, consisting mostly of stone houses, with a large parade, 
 at a little distance from the citadel, the inside of which is a fine square, 
 near two hundred feet every way. On the north si<]e, while possessed 
 by the French, stood the governour's house and cliurch ; the other 
 §ides were taken irp with barracks, bomb proof. Cape Breton remain- 
 ed in possession of ihe French till 1745, when it was captured by the 
 New-England militia. It was afterwards restored to the French, and 
 again taken in 1753. It was ceded to Great Britain by the peace of 
 1763. Cape Breton may be considered as the key to Canada. It U 
 separated from Nova Scotia by a narrow^ strait^ called the Gut of Can- 
 so, which is the communication between the Atlaatick ocean and the 
 ^ilf of St. Lawrence, 
 
History of Neiv-Yorh 
 
 475 
 
 and pro( eeded to the attack on Louisburgh ; while the 
 New-England troops, upon landing, took possession of 
 one of the principal batteries, which was precipitately 
 abandoned by the enemv. This success enabled the Bri- 
 tish forces to command the harbour ; and all communi- 
 cation with the place, both by land and water, was 
 cut off. The French made an unsuccessful attempt to 
 relieve the place, and one of their sixty-four gun ships, 
 coming with succoius, was taken by the English. War- 
 ren, at this time, laid before the town with five ships of 
 war, of considerable force, and expected speedily an 
 addition to his squadron of a sixty-four and a forty- 
 four gun ship. In June, 1745, Louisburgh capitulated^ 
 and was taken possession of by the English forces. 
 
 ^ II. Wliile these events were passing, the colony of 
 New- York was busily engaged with matters which 
 more immediately concerned her welfare and protec- 
 tion. Intelligence had been received that 1500 of the 
 French and 100 of the Indians intended to surprise the 
 English settlements near the mouth of the St. Law- 
 rence, and on their return, to attack Oswego. Colonel 
 Schuyler and major Collins, who had been directed to 
 build six block houses at Saratoga, were obliged to de- 
 sist, on account of the great numbers of the enemy's 
 Indians, who were constantly on the watch, and cutting 
 off supplies and troops. Nor were the inhabitants of 
 the city of Albany and of the adjacent country, lesK 
 alarmed for their safety. Murders and robberies, by 
 the Indians, were constantly occurring, and but within 
 a few miles of the city. A draft of two hundred men 
 was made for tlie relief of Albany and Schenectady* 
 This detachment was taken from the militia of Ulster, 
 I>utchess, Orange, Westchester;, Queens^ and Suffolk. 
 
476 
 
 History of New-York. 
 
 The town of Hosicl; was desei led by its inhabitants, 
 and towards the close of the year [November 16, 1745] 
 the country or settlements, called Saratoga, was 
 almost literally depopulated. The Indians had burnt 
 the houses and fort, and committed many murders, 
 pursuing their ancient mode of warfare of scalping 
 those unfortunate men, women and children, whom 
 they captured. The alarm had even spread into 
 Ulster and Orange, and had reached the frontiers of 
 JN^ew- Jersey and Pennsylvania. Colonel De Kay was 
 sent into Orange county to appease the Indians residing 
 in that quarter, as they had exhibited great uneasiness. 
 The people of Esopus"^ and Minisink had learnt that a 
 plan was to be set on foot by the Indians the ensuing 
 Tv^inter, for destroying those places, and that large quan- 
 tities of snowshoes had been provided for the expedi- 
 tion. Many families made arrangements for quitting 
 the country. Every where Indian barbarities were 
 committed ; while the English government, too much en- 
 gaged in foreign conquest, had left the colony to its 
 own protection against the irruptions of a savage ene- 
 my. 
 
 9 III. The frontiers of the New-England colonies 
 were likewise exposed to attack. Governour Law, of 
 Connecticut, had communicated the intelligence that 
 Stockbridge was beset by six hundred French and In- 
 dians, while but a short time before, Woodstock, a 
 flourishing village, in Connecticut, had been destroyed, 
 and one hundred and fifty or two hundred of its mili- 
 lia cut off. To add to this catalogue of misfortunes, 
 the Six Nations of Indians, who had long been in the 
 
 ^ Now called Kingston, situate in Ulster county. 
 
History of New-York. 
 
 477 
 
 English interest, were unwilling to engage in the war 
 against the French or their Indians. 
 
 ^] lY. In October, 1745, upwards of five hundred of 
 the Six Nations had assembled at Albany, to hold a 
 grand conference with commissioners from New- York, 
 Massachusetts, Connecticut, and Pennsylvania. On 
 this occasion, the governour, Daniel Horsmanden, and 
 Joseph Murray, of the council, attended on the part of 
 the colony of New-York ; John Stoddard, Jacob Wen- 
 dell, VYells, and Hutchinson, on behalf of 
 
 Massacliusetts ; Roger Wolcott, and Stanley, of 
 
 Connecticut; and Thomas Lawrence, John Kinsey, and 
 Isaac Norris, of Pennsylvania. It is proper here to 
 notice, that about a month before this conference took 
 place, Pdassachusetts had declared war against the 
 Canada and eastern Indians, on account of the barbari- 
 ties which had been committed by them on the frontiers, 
 and that the Mohawks had been invited by the govern- 
 ment of Massachusetts to join in the war against the 
 others. This conference, therefore, at Albany, was 
 principally with a view to conciliate the Six Nations of 
 Indians, and to induce them to take up the hatchet 
 against the French. It was not, however, attended by 
 those advantages which had been anticipated. Al- 
 though this conference was held in a style of dignity 
 and solemnity, which had seldom, if ever before, been 
 witnessed ; although men of the first talents and respect- 
 ability, from four different colonies, had united their 
 influence and exerted their eloquence in persuading 
 these savages to take a part in the war, yet the charac- 
 teristick cunning of that people was proof against all 
 these arts. Whether it was a deficiency in the presents 
 which were made theui ; or, an aversion to enter into a 
 
478 
 
 History of New-' York. 
 
 war against the French Indians, with whom they had 
 heretofore been on terms of friendship; or whether, 
 as they pretended, they must first consult the Indians 
 living more northerly, before they t*ould give their con- 
 sent, cannot now be ascertained. Certain, however, it 
 is, that the answers they gave at the conference were 
 evasive and unsatisfactory to the commissioners. At 
 one time they said that they would first send to the 
 Canada Indians, and demand satisfaction from them for 
 the murders they had committed, and if not given, then 
 that they would enter into the war. Again, they would 
 pretend that rumours had been spread abroad, that the 
 English and the governour of Canada were in a secret 
 understanding to destroy the Indians, and take away 
 their lands : That it had likewise been reported that the 
 Albany people intended to kill the Mohawks, and to 
 take possession of their land. The commissioners en- 
 tered into long discussions with them on these various 
 subjects, and shewed their entire falsity and absurdity. 
 No argument, however, could serve to convince them 
 of the propriety or necessity of immediately joining in 
 the war. All that could be effected was a treaty with 
 the Indians, by v/hich they stipulated that in case they 
 could not within two months procure satisfaction from 
 the French Indians for their hostilities^ upon the bor- 
 ders of New-England, or in case any further hostilities 
 should be committed, then they would, upon receiving 
 orders from the governour of New-York, join in the 
 war. After the making of the treaty, an express arriv- 
 ed with inti lligence that another attack had been made 
 on the New-England frontiers. The comiuissioners 
 fr Mu Massachu^^etts thereupon demanded that the go- 
 vernour of New- York should issue orders to the 1ft- 
 
History of New- York. 
 
 479 
 
 dims for immediate hostilities. The governoiir did not 
 concur in this demand inasmuch as the two months al- 
 lowed to the Indians had not yet expired. The com- 
 missioners from Massachusetts testified much dissatis- 
 faction at this conduct, and intimated that they expect- 
 ed that the governour of New- York would, in this 
 emergency, have immediately taken decisive measures. 
 The governour, however, was unwilling to commit him- 
 self in this affair. He told the commissioners from. 
 Massachusetts that he would lay the subject before the 
 genera] assembly and council, and take their opinion 
 upon it. The commissioners from Massachusetts 
 threatened to represent to the king the conduct of the 
 governour of New- York, arid how reluctant he had 
 ^ been in supporting the war or in securing the attach- 
 ment of the Indians. Much altercation ensued. The 
 governour of New-York sneeringly enquired what the 
 colony of Massachusetts had heretofore done to conci- 
 liate the affection of the Indians, unless when some pri- 
 vate object was to be gained exclusively by that 
 c(dony? Whether, in times of peace, tLat colony 
 had not wholly neglected taking any measures in 
 relation to them, while New-York, at a great ex- 
 pense, had annually made them presents, and taxed 
 her inhabitants to defray it ? In the end the con- 
 ference failed in answering the expectations which had 
 been raised, and the commissioners separated from each 
 other with sentiments of jealousy and disgust. 
 
 ^ V. The assembly, which met on the 251h of June, 
 1745, were addressed by the governour on the state of 
 the war, and the nt*cessity of pursuing vigorous mea- 
 sures to support it. The house were inclined to con- 
 cur with the governour, and seemed disposed to be lib* 
 
480 
 
 History of New- York. 
 
 eral in granting supplies. Henry Beekman, of Alba- 
 ny, was authorized to provision the garrison at Oswe- 
 go, which was ordered to be doubled in number. CoL 
 Philip Schuyler was directed to purchase gunpowder 
 for the use of the fortifications at Albany. Col. Elijah 
 Hutchinson was authorized to perform the same services 
 in Suffolk county, while John De Peyster and Philip 
 Livingston, jun. esquires, were directed to provision the 
 detachment of militia to be used in defence of the fron- 
 tiers, and particularly Oswego. A large sum of mo- 
 ney was voted to the commissioners of Indian affairs 
 for scouts and other purposes of protection and de- 
 fence. Anthony Bleecker, John Abeel, and Gerardus 
 J-iansing, who had resided among the Onondaga Indians 
 the winter before, were compensated for that service, 
 and Jacobus Bleecker, the Indian interpreter, was re- 
 tained in that appointment. Nearly four thousand 
 pounds in addition were voted for fortifications and 
 repairs in and about New- York, and for raising troops 
 to be sent to Oswego. The fortifications at Schenect- 
 ady were also put in a better state of defence. 
 
 § VI. The destruction of Saratoga authorized the go- 
 vernour of New- York to demand assistance from the 
 Six Nations, according to their treaty at the last confer- 
 ence. Accordingly he informed the assembly that 
 their aid should be required. At this session a vote was 
 taken which can only be justified on the ground of re- 
 taliation. The house voted a reward of ten pounds for 
 the scalp of every male of the enemy above the age of 
 sixteen years, but if such male were taken prisoner 
 alive, then the reward was doubled. This last was a 
 humane provision, which took away the temptation to 
 
History of New-York. 
 
 481 
 
 commit murder. The house ordered the bill to be 
 brought in at the next meeting, and, when it passed, it 
 contained some other provisions which softened its 
 more obnoxious features. The enemy's Indians had, 
 in many instances, been guilty of the most shocking 
 murders, and had usually destroyed and scalped the 
 prisoners they had taken. The retaliatory system adopt- 
 ed by the assembly, was productive of good effects, 
 and checked this barbarous warfare, so repugnant to 
 the principles of humanity. 
 
 ^ YII. The house, when it met, in December, 1745, 
 was informed, by the governour, of the fears which 
 had been entertained for the safety of Albany, and that 
 some of his majesty's troops had been sent up for its 
 defence. General Fuller's regiment had arrived at New- 
 York, the preceding February, and had been placed in 
 the fort till captain Peter Winne^ one of the representa- 
 tivies from Albany, could employ sloops to carry them 
 to Albany. The governour laid before the house letters 
 from colonel Philip Schuyler, major Jacobus Swart- 
 wout, Cadwallader Golden, esquire, and lieutenant go- 
 vernour Phipps. All but the last, related to the active 
 operations of the enemy, the defenceless state of the 
 country, and the necessity of further measures of de- 
 fence. Lieutenant governour Phipps's letter contained 
 a proposition for concerting measures to annoy the ene- 
 my, in unison with the colonies of New-York^ Gon- 
 necticut, New-Hampshire, and Rhode Island. The as- 
 sembly did not immediately act upon these subjects, 
 owing to the shortness of the session. Nor indeed was 
 it practicable to proceed with any prospect of success^, 
 until the necessary funds were raised. Accordingly, 
 in July, a bill far raising 40^000/. by tax^^ passed 
 
 61 
 
482 
 
 History of New- York. 
 
 the assembly, and received the assent of the gover- 
 nour. 
 
 ^ VIIL Notwithstanding the colony was engaged in 
 a very ruinous Avar, which called for all her fortitude 
 and resources, yet she was not inattentive to her reli- 
 gious concerns- On the 26th of February, a day of fast- 
 ing and prayer was directed to be observed throughout 
 the colony, in order to implore the divine goodness, to 
 crown his majesty's arms with success, and to protect 
 the inhabitants from the barbarous incursions of the In- 
 dians, and the still more detestable plots of the French, 
 and the pretender. Nor was the government disposed to 
 permit schismatical preachers to disseminate their doc- 
 trines among the people. A Mr. John Lodowyck 
 Hoffgood, a Lutheran priest, was forbidden to preach 
 until he had obtained the governour's license ; and a 
 doctor Magraw, suspected of being a pensioner to the 
 French, was restrained by the council in the liberty he 
 had formerly enjoyed. 
 
 ^ IX. In the beginning of the year 1746, the enemy 
 and their Indians had become so elated by success, that 
 marauding parties had frequently been seen within a 
 very short distance of the city of Albany, and some of 
 them, when protected by the night, had even ventured 
 into the suburbs of the city, and there laid in wait to 
 take prisoners. One of the enemy's Indians was pe- 
 culiarly expert in enterprises of this kind, and had sel- 
 dom failed of securing and carrying off his prey, with- 
 out hindrance or detection, even within the confines of 
 the city of Albany. Many singular stories are related 
 of this Indian, who was Cu lied Tomoowilemon* In 
 May, two negroes had been carried off* by a party 
 of French Indians, about eight miles from Albany. 
 
History of New-York. 
 
 483 
 
 Major Collins, with about seventy men, went in par- 
 suit of the enemy. One hundred and six men like- 
 wise were detached from the city of Schenectady. 
 The track of the Indians was discovered by the 
 fires they had made, and they were pursued above 
 Schenectady, but witliout success. At the house of 
 one Simon Groat they had murdered and scalped a 
 boy, taken one man prisoner, plundered and set fire to 
 the house, and shot a man in attempting to escape by 
 swimming over the river. Hostilities of this descrip- 
 tion were so common, and so difficult to guard against, 
 that the whole country was in a state of alarm, and 
 many of the inhabitants, with their families and valua- 
 bles, were seeking shelter in the nearest block house 
 or fortification they could find. Abraham Glen, 
 esquire, of Schenectady, applied for permission to raise 
 a company of one hundred volunteers, for the defence 
 of the frontiers, which the governour and council 
 thought proper to grant. The inhabitants of Clave- 
 rack and Kinderhook solicited protection from the ene- 
 my, and urged the necessity of having garrisons in two 
 block houses, to the northward and eastward of Kinder- 
 hook. The province of New- Jersey began now to bo 
 also seriously alarmed. Her government directed five 
 hundred men to be raised, and that a bounty of 61. 
 should be allowed to each man. The sum of 2000/. 
 for other charges, incident to that service, Vvas likewise 
 ordered to be raised. 
 
 ^ X. A disagreement between the colonies of New- 
 York, Pennsylvania and Connecticut, as to supply- 
 ing the Six Nations of Indians with the provisions 
 of war, was productive of ill consequences to the 
 oommon cause, and seemed to keep alive the jealousy 
 
484 Hislory of New- York. 
 
 Tvhicli had, for some time before, existed. The general 
 assembly of New-York, at its June session, had voted 
 that the colony would, in common with the neighbour- 
 ing governments, bear a proportionate part of the ex- 
 pense of furnishing provisions for such of the Six Na- 
 tions, and of those in alliance with them, as would pro- 
 ceed on the expedition against Canada. The legisla- 
 ture of Connecticut, to whom this vote had been com- 
 municated, declared that it was unreasonable for New- 
 York to expect from them the assistance desired, inas- 
 much as those Indians were within the territory and 
 government of New-York. The legislature of Penn- 
 sylvania made for answer, that it did not appear that 
 the king had directed any application to be made to 
 that colony ; but, on the contrary, had recommended 
 that matter to the government of New-York ; be- 
 sides, the religious principles of the Pennsylvanians 
 would not permit them to be concerned in the business 
 of conquest or invasion. It will thus be perceived, 
 that though the British colonies were each of them 
 eager in the prosecution of the war, yet that the main 
 object of the English government in uniting their ef- 
 forts against the common enemy, was, in part, unattain- 
 ed. 
 
 ^ XI. In April, 1746, the governour informed the as- 
 sembly that admiral Warren requested a reinforcement 
 of troops to be sent to Louisburgh, and that the king 
 had directed to be sent to the colony, a skilful engineer, 
 to assist in repairing our fortifications, erecting batte- 
 ries, and building forts upon the frontiers, under the di- 
 rection of the governour, for the time being ; and that 
 the said engineer should be allowed twenty shillings 
 per dierriy for his services : That captain Collins, from 
 
Histary oj New- York. 
 
 485 
 
 Virginia, was making the best of his way for Cape Bre- 
 ton, with the transports under his convoy, and that he 
 could not lose time to stop at New- York to take the 
 Ruby under his care ; but that this ship might remain 
 till she could sail under convoy, or until further orders. 
 The governour urged the house to employ a privateer 
 to convey forces to Louisburgb, as there was reason to 
 apprehend an attack from the French. The assembly 
 having maturely considered the message of his excel- 
 lency, were of opinion, that as the colony was very 
 miK'h exposed, and most liable to the attempts of 
 the enemy, no troops could at present be sent out of the 
 colony without greatly endangering her safety. 
 
 ^ XII. The fears of the assembly were not without 
 foimdation. It w as soon found, [in June] that unless a 
 large force was sent to the frontiers, the French and 
 Indians would be completely masters of the country. 
 Captain Livingston moved that provision should be 
 made for sending four hundred and fifty men, and fifty 
 Indians to the northern frontiers ; and the motion be- 
 ing carried, it was sent to the governour for concur- 
 rence. On the 6th June, the governour sent a message 
 to the house, the subject of which, for many months 
 after, almost exclusively occupied its attention, and 
 was deeply interesting to the colony. It was no less 
 than an expedition against Canada, which had been de- 
 termined on by the British ministry, and was to be car- 
 ried into eflfect by the strength of the English colonies, 
 aided by a naval force from Great Britain. The mes- 
 sage stated that the governour had received a letter 
 from the duke of Newcastle, bearing date the 9tb of 
 April preceding, (and which letter had been transmit- 
 ted to him by express from Governour fShirley) by 
 
486 
 
 History of New-YbrJc. 
 
 which his majesty had thought proper to order mi ex- 
 pedition against the French settlements in Canada, and 
 that the governours of his majesty's colonies should 
 raise as many men within their respective governments 
 as the shortness of the time would permit. That each 
 company should consist of one hundred men : That the 
 troops so to be raised in York, New- Jersey, Pennsyl- 
 vania, Maryland and Virginia, should be placed under 
 the command of Mr. Gooch, the governour of Virginia, 
 who had been promoted to the rank of a brigadier gene- 
 ral. The governour, in his message, urged the happy con- 
 sequences which would result to his majesty's colonies, 
 and the British interest in general, from the success of 
 such an enterprise, and that he was well assured that 
 the house would co-operate with its usual ardour in 
 support of his majesty's honour and service, and for 
 the advancement of the common cause. The house, 
 %vith an unanimity seldom before known, addressed the 
 governour in the most loyal manner, evincing the great 
 pleasure with which the message was received. The 
 members, in their answer, assured the governour that 
 their hearts and hands should be unceasingly employ- 
 ed in the great work set before them, and that they 
 would come to such resolutions as should immediately 
 forward the important design : That the whole of their 
 proceedings should be conducted with such unanimity 
 and despatch as would add to the pleasing hopes of a 
 happy success, and prove them fully sensible of their 
 duty, loyalty and gratitude to his majesty ; of the due 
 regard to the ease, welfare and security of those they 
 represented ; and of that just resentment which should 
 animate them in opposing the perfidy and cruelty of 
 their most dangerous enemy. This answer, as may well 
 
History of New-York, 487 
 
 be supposed, was very agreeable to the governour. In 
 his reply he returned the house his most hearty thanks 
 for its becoming loyalty and gratitude to his niajesty^ 
 and the great satisfaction he had received in witnessing 
 the zeal and resolution of the assembly. Although the 
 heavy debts which had been contracted by the colony^ 
 for its defence, were severely felt by the inhabitants^ 
 yet the house immediately voted a bounty of six pounds> 
 over and above the king's pay, to each able bodied 
 man who should voluntarily enlist in his majesty's ser- 
 vice on the intended expedition. GOOO/. were likewise 
 voted for the immediate purchase of five hundred and 
 seventy-five barrels of pork, three hundred and thirty- 
 seven barrels of beef, one hundred and eighty thousand 
 weight of brown biscuit, six thousand gallons rum, 
 fourteen hundred and six bushels of Indian corn, the 
 like quantity of peas, twenty thousand w^eight of ba- 
 con, and twenty-four barrels of rice, for victualling the 
 forces that were, or might be raised, in tiie colony, for 
 the said expedition. Major Van Horne, captain Rich- 
 ards, Dirck Ten Broek, and Mr. John J. Cuyler, were 
 appointed commissioners for procuring the provisions 
 so voted. A bill to prevent the exportation of provi-^ 
 sions, gunpowder, arms, and all kinds of ammunition 
 and warlike stores, was brought in and passed. A joint 
 committee, of the council and assembly, was appointed 
 io consider of the most speedy and effectual means to 
 be adopted by the colony in forwarding the intended 
 expedition. The governour directed the commission- 
 ers of Indian affairs at Albany, to invite the Indians to 
 a conference on the 20th June, in order to engage them 
 in the war, and recommended them to provide for some 
 additional presents to be made to them at the time. 
 
488 
 
 fiislory oj New- York. 
 
 He also told the house that he had written to the 
 governours of the neighbouring colonies, to pre- 
 vail with them, to join in the expense of engaging the 
 Indians in the war. The house resolved, that in their 
 opinion, the neighbouring colonies should bear a pro- 
 portionate part of the expense of provisioning the In- 
 dians employed in the contemplated enterprise. It 
 also declared, that every person who should voluntari- 
 ly enlist into his majesty's service, should be exempt 
 from all arrests for any debt due to any one person, 
 under 20/. and from being impressed or detached upon 
 any future service, for the term of two years after such 
 enlistment. An additional bounty of 40^. and a blan- 
 ket, was voted to be allowed to each of the first thou- 
 sand men who should enlist into the service. A bill for 
 impressing ship carpenters, house carpenters, joiners, 
 sawyers, and their servants, and all other artificers and 
 labourers, for the building of battoes, and also for 
 impressing horses, waggons, and all other things neces- 
 sary for carrying on the expedition against Canada, 
 with the utmost despatch, was proposed and speedily 
 passed into a law. Three hundred men were likewise 
 ordered to be detached from the city and county of 
 Albany, to serve on the expedition against Canada, 
 Nothing could damp the zeal and ardour of the assem- 
 bly in advancing the proposed conquest, and in adding 
 lustre to the British character on this side the Atlantick. 
 Although the. inhabitants of the colony groaned under 
 this accumulated weight of glory, which was to immor- 
 talize the valor and extend the dominions of his Britan- 
 nick majesty in America ; still, every measure was 
 cheerfully adopted to give full effect to the intended 
 enterprise. The session, which had been protracted by 
 
History oj New-York. 
 
 489 
 
 frequent adjournments, was again closed, by adjourn- 
 ment, on the 29th of July, not, however, without an ad- 
 dress, on the part of the assembly, to his majesty, con- 
 gratulating him on the successes of his troops in Eu- 
 rope over the forces of the French, and the pretender, 
 assuring him of the loyalty and affection of his du- 
 tiful subjects in the colony of New- York. In the sum- 
 mer of the year 1746, the city of Albany was visited 
 by a contagious disease, which proved mortal to a great 
 number of its inhabitants. In its appearance and effects 
 it resembled the disease which has been since denom- 
 inated the yellow fever. The Indians then encamped 
 near the city, experienced the ill effects of this com- 
 plaint, and many of them became its victims. The 
 governour, who was in Albany, dismissed them from any 
 further attendance, on account of the ravages of the 
 contagion. The disease subsided as the cold weather 
 advanced, and by winter it had wholly disappeared. 
 
HISTORY OF NEW-YOM. 
 
 PART XIIL 
 
 Including the remainder of the Year 1746, and part of 
 
 the Year 1747. 
 
 I I. Indians pledged to join in the war. § II. Legislature refuse fur* 
 ther supplies ; provisions seized at Albany by order of the gover- 
 nour. § III. Resolutions of the house thereupon. § IV. Gover- 
 nour's answer ; further resolutions of the house ; prorogation. § V- 
 Failure of the campaign. § VI. Difference between the governour 
 and assembly ; governour's address ; disposition of the forces ; re- 
 flections on the people of Albany. § VI. Assembly resent the in- 
 sult; insinuate fraud in the goyernour in regard to the Indians ; house 
 adjourned. § VII 1. Reassembled ; refuse to provide for the pay 
 of the troops, insisting that furnishing their provisions was sufficient; 
 governour resorts to frequent adjournments in order to fatigue the 
 house ; the attempt ineffectual. § IX. Assembly importuned to joia 
 Massachusetts and Connecticut ; its resolutions thereupon ; proceed- 
 ings of the house. § X. Dispute with regard to the four companies 
 at Albany, &ic, assembly refuse to supply them ; garrisons at OswCp 
 go and Saratoga. 
 
 On the 14th day of October, 1746, the general as- 
 sembly was again convened- Owing to the indisposi« 
 tion of the governour, he could not attend the house in 
 person to open the session. He requested the speak* 
 er to lay before the house the speech he had prepared ; 
 
492 
 
 History of New-York. 
 
 which, after a declaration on the part of the houne tliat 
 the proceeding was unparliamentary, he was permitted 
 to do. In this speech the governour informed the 
 house that the Six Nations, and the neighbouring In- 
 dians, whom he had met at Albany, in the preceding 
 July, had, in the most solemn manner, pledged them- 
 selves to take a part in the war against the enemy : 
 That Mr. Gooch, the governour of Virginia, had declin^ 
 ed accepting the command of the proposed expedition 
 against Canada : That a fleet had been seen off Nova 
 Scotia, which was suspected to be the enemy's Brest 
 squadron : He recommended the raising of further 
 supplies for the management of the Indian affairs, and 
 concluded by exhorting the house to unanimity and des- 
 patch. Before the house took the governour's speech 
 into consideration, its attention was called to the disor- 
 dered state of the publick finances. Mr. Clarkson, accord- 
 ing to leave, brought in a bill for appointing commis- 
 sioners to examine, and state the publick accounts of 
 the colony from the year 1713. After which 6500/. 
 were voted for victualling the troops destined for the 
 expedition against Canada, during the time they should 
 remain in winter quarters at Albany, and 200/. more 
 were allowed for the expense of transporting provisions 
 to that place. 
 
 $ II. The house also resolved that no further provi- 
 sion should be made for the detachments of militia sent 
 from the several counties to Albany, in May and June^ 
 than what had already been allowed for that purpose. 
 It was now evident, from the temper of the house, that 
 the governour was not at present to expect any further 
 extraordinary supplies for carrying on the war. Besides, 
 a controversy arose, during this session, w-hich widened 
 
History oj Netv-Yorh 
 
 493 
 
 ilie breach between the governour and the legislature, 
 and was productive of serious inconvenience to the war- 
 like operations then about to be continued. A com- 
 plaint was made to the house by Cornelius Van Horne 
 and Paul Richards, esquire^', the commissioners appoint- 
 ed to purchase provisions for the forces raised by the 
 colony on the expedition against Canada, relative to 
 certain provisions which had been forcibly seized and 
 taken under authority from his excellency. Upon the 
 investigation, it appeared that the houses of John .1. 
 Cuyler and Dirck Ten Broeck, esquires, (the commis- 
 sioners at Albany) had been broken open by Henry 
 Holland, esq. and a large quantity of provisions taken 
 away. That this act of violence had been committed 
 in consequence of a refusal, by the last named commis- 
 sioners, to supply four independent companies of fusi- 
 leers from the publick stores, as the commissioners 
 deemed the demand irregular and not w^arranted by the 
 act under which they were appointed : That the gover- 
 nour had thereupon ordered the said provisions to be^ 
 seized for the use of the four companies. 
 
 ^ HI. This conduct on the part of the governour, in- 
 flamed the house to such a degree, tliat it came to the 
 following resolutions : 
 
 JResolved, That it is the opinion of this house, that 
 his excellency was ill advised in granting the w^arrant 
 for issuing provisions, for the four independent compa- 
 nies of fusileers. 
 
 " Hesolvedy That the commissioners for issuing the 
 provisions at Albany, to the troops levied in this colo- 
 ny, on the expedition against Canada, in refusing to de- 
 liver any of the said provisions, for the said four inde- 
 
494 
 
 History of New- York, 
 
 pendent companies, did their duty, and acted agreeable 
 to the law, which intrusted them with the issuing thereof. 
 
 " Besokcd, That the order issued by colonel John 
 Roberts, to Henry Holland, esquire, for impressing 
 provisions from the commissioners at Albany, appoint- 
 ed by an act of this colony, for issuing the said provi* 
 sions, is arbitrary and illegal. 
 
 " Besolvedy That colonel J ohn Roberts, having issued 
 an order to Henry Holland, esquire, for impressing 
 provisions from the commissioners at Albany, appoint- 
 ed by an act of this colony, has therein acted arbitrari- 
 ly and illegally, and is guilty of a high misdemea- 
 nour. 
 
 " Resohedj That the breaking open the store-house 
 at Albany, where part of the provisions designed for 
 tbe forces, raised by this colony, on the expedition 
 against Canada, were lodged, and forcibly seizing and 
 taking away the said provisions, is arbitrary, illegal, 
 cind a manifest violation of the rights and liberties of 
 the subject, 
 
 " Resolvedy That Henry Holland, esquire, having 
 broke open the said store at Albany, where the pro- 
 visions intended for the forces, raised by this colony, 
 on the expedition against Canada, were lodged, and 
 fi>rcibly seizing and taking away the same contrary to 
 law, is guilty of a high crime and misdemeanour. 
 
 " Resolvedy That any person in authority, using 
 threats to influence any officer appointed by law, to act 
 contrary to their duty, is illegal and a high misdemea- 
 nour. 
 
 " Resolved^ That Cadwallader Golden, esquire, one 
 of his majesty's council, having threatened the aforesaid 
 commissioners for issuing the provisions at Albany, that 
 
History of New-York. 
 
 495 
 
 if they would not undertake to transport the m\A pro- 
 visions along with the army, the provisions should be 
 taken from them, and other com.nissioners appointed in 
 their stead ; has acted illegally, and is guilty of a high 
 misdemeanour. 
 
 " Resolved, That it is the opinion of this house, that 
 it will be in vain for this house to furnish provisii.ns for 
 subsisting the forces, raised by this colony, on the ex- 
 pedition against Canada, until proper assurances be 
 given, that an effectual stop shall be put to such pro- 
 ceedings. 
 
 " Ordered, That Mr. Cruger and Mr. Nicoll, wait up- 
 on his excellency with these resolutions, and desire that 
 he will be pleased to order his majesty's attorney-gene- 
 ral to prosecute the aforesaid deli£;quents." 
 
 These resolutions are given to shew the firmness and 
 undaunted conduct of the assembly, rather than to jus- 
 tify the conduct of the commissioners or of the house. 
 The dispute seemed more to involve a point of eti- 
 quette, relative to official rights, than a question which 
 concerned the essential interests of the colony. The 
 four companies were undoubtedly a part of the troops 
 necessary to carry on the war, and though the act of 
 the governour might have been precipitate, yet it was 
 certainly well intended and calculated to promote the 
 publick service. But the truth was, the governour had 
 taken into confidence Mr. Golden, and some others^ 
 who were particularly obnoxious to the assembly. Any 
 measure which could have a bearing upon either of 
 them, was agreeable to the house, and was adopted 
 with eagerness and vigour. 
 
 ^ IV. The governour's answer was moderate and re- 
 spectful. He stated the causes which had induced ijim 
 
496 
 
 History of New- York. 
 
 to direct the seizure of the provisions in question : He 
 explained the difficulties which had arisen during the 
 campaign, and that a council of war had been called^ 
 who adv ised the proceedings complained of. The assem- 
 bly, however, was not yet appeased. It resolved,/' That 
 the answer returned by his excellency, to the resolu- 
 tions of tliis house, of the 8th inst. is in no respect sa- 
 tisfactory ; and that this house cannot, in faithfulness 
 to the people they represent, pass any bill for a fur- 
 ther allowance for provisions, for the forces raised on 
 the expedition against Canada, whilst the notorioi]- 
 abuses committed in such as have been already provid- 
 ed, are openly avowed and encouraged. That whoever 
 advised his excellency to return such an answer, have 
 endeavoured to create jealousies and dissensions among 
 the several branches of the legislature ; have encour^ 
 aged a manifest breach of the laws of this colony, and 
 are enemies to the constitution thereof- — That as soon 
 as proper assurances shall be given, that the abuses 
 committed in respect to the provisions already furnished 
 for the subsistence of the forces, raised on the expedi- 
 against Canada, shall be efFectually prevented, this house 
 will cheerfully pass a bill for a further ample allow- 
 ance for the subsistence of the said forces; and that un- 
 iil such assurances be given, this house cannot, in jus- 
 tice to the people they represent, proceed upon any 
 business whatsoever.'' 
 
 The governour again endeavoured to conciliate the 
 house. In his message, he regretted that his answer to 
 the resolutions of the house was not satisfactory. He 
 assured the house that all possible care should be taken 
 of the provisions which had been seized ; that an exdct 
 account thereof should be laid before the assembly. 
 
History oj New-York. 
 
 49^ 
 
 That body seemed, at length, to be pacified. The 
 bill for making further provision for victualling his 
 majesty's troops, and for other publick services, was 
 passed, and received the assent of the governour. The 
 house was shortly after prorogued to the 24th March, 
 1747. The expedition against Canada, it will be per- 
 ceived, had not yet met with the success that had been 
 anticipated. Many causes had united in obstructing 
 the attainment ^f this object. Much time had been 
 consumed in gaining over the Indians, and raising sup- 
 plies and men. The colonies had not combined their 
 forces ; the British fleet had not arrived in season ; 
 and much jealousy prevailed between the provincial 
 governments in relation to the manner of conducting 
 the enterprise, and of defraying its expense. The go- 
 ternour was so sensible of these difficulties, that in his 
 address to the assembly, in March* 1747, he complain- 
 ed of the loss of the campaign, and ascribed it princi* 
 pally to the above mentioned causes ; yet that he en* 
 tertained hopes from the arrangements that had been 
 made, that the ensuing campaign would prove more 
 successful. He stated that two forts were to be built 
 at the carrying place,^ near Crownpoint, for the secu- 
 rity of the magazines and stores, and of the fron* 
 tiers ; and transmitted to the house a computation of 
 the expense for making an attack on Crownpoint. 
 
 $ VI. The assembly and the governour again differed 
 on some subordinate questions concerning the new 
 levies, and the employment of troops to scour and 
 range the woods in the county of Albany. This ditler- 
 ence produced a long and animated discussion, and a 
 minute detail of the operations of the governtnent for 
 
 * From tbe N. end of lake George to the W. end of lake Champlain, 
 
 63 
 
498 
 
 Hislory of New- York. 
 
 the preceding year. The goveriiour staled thai the al- 
 lowance of one shilling a day, for such of the new le- 
 vies in Albany county as were to scour the woods, was 
 not a sufficient compensation for that service ; and that 
 the assertion that those levies had been unemployed, 
 though paid by the colony, was incorrect. That, in 
 fact, parties of Indians had been sent as far as Crowft- 
 point and Sacrament lake,^ for intelligence ; and part 
 of the new levies, under captains Langdon and Tiebout^ 
 had been sent out to intercept the enemy : That an- 
 other portion of the new levies had been employed in 
 ranging the woods ; and a third had been stationed in 
 such positions as were best calculated for the security 
 of the frontiers : That orders had been given to fortify 
 a camp of five hundred men at or near the carrying 
 place, and a company of the new levies had been plac- 
 ed at the Mohawks' castle ;t and another between that 
 and Schenectady ; two companies at Schenectady ; 
 .three c<3fmpaniesat Cannestagayune ;l four atHalfmoon ; 
 two ;at Sch^ghticote ; aiid three companies, besides de- 
 itacbraents, at Saratoga, So that there were garrisons, 
 of the pevv leviesri»'?f from east to west, across 
 the northern frontiers ] while the rest of the forces were 
 Jyept in and round the city of Albany, on both sides of 
 jtlae river : That he was sensible that some other places 
 ought to have been secured, by erecting small forts, 
 ^ut that the refusal of the assembly to provide for the 
 e;xpense, besides furnishing provisions for the new Icr 
 > vies, prevented it : That he had kept^the Mohawk In^ 
 dians from going out to hunt, and had likewise! sent, to 
 (the other Indians of the Five Nations, directions to b^ 
 in readiness to jojn in the war : That he had also 
 
 * Lake George. f Fort Hunter. J Now Niskayuna. • 
 
History of New-York. 
 
 499 
 
 sent colonel Roberts to governoiir Shirley, to consiili 
 and concert measures for the defence of the colonies, 
 and the expedition against Canada ; and that some of 
 the neighbouring colonies had appeared willing to con- 
 tribute a share toAvards the expense : That the assem- 
 bly had shewn him personal disrespect, thereby con- 
 temning the power from which his authority had flow- 
 ed : That it was well known that the richest and prin- 
 cipal men in Albany did not wish well to the success 
 of any expedition against Canada, on account of the 
 advantage they gained by a trade with that covmtry, and 
 especially during a state of war: That the principal 
 difficulty in gaining over the Indians, arose from the * 
 great influence those men possessed over that people : 
 That they were like popish emissaries in the colony, 
 who were secretly spreading discontent and discord- 
 among the inhabitants, of which the late negro plot was 
 a sufficient proof, He exhorted the house to make 
 every preparation for opposing the enemy, who, it was 
 said, had a powerful fleet at sea^ destined for America. 
 He concluded with assurances of uniting in every mea- 
 sure for the publick good, and the defence of the colony^ 
 ^ VII. The assembly were in a great ferment at re*^ 
 ceivirig a speech which charged the inhabitants of one 
 of its principal cities with disafl^ection, and the house it- 
 self with a most culpable neglect in providing for the 
 defence of the colony. The members from Albany 
 'were violent irl their declamations, and unreservedly 
 denounced the governour as being under an influence 
 unworthy of himself and of the colony. An answer was 
 speedily voted ; the style of w^hich was sarcastick and 
 severe. It was couched in language apparently respect- 
 ful, but was, in truth, highly bitter and reproachfijL 
 
500 
 
 History of JNew-Yorh 
 
 In the conclusion, it insinuated that the goveinour had 
 been guilty of gross and palpable frauds and pecula- 
 tions in respect to Indian affairs. This part of the an- 
 swer ought not to be omitted, as it is a specimen of 
 the boldest language ever addressed to the executive of 
 a country wholly independent of, and superiour to 
 the legislature. It is as follows : 
 
 Though common reports not founded in truth, and 
 innuendos and insinuations, that men of this coujplex- 
 ion deal out so liberally, to answer their mischievous 
 purposes, are little to be regarded with men of sense ; 
 yet we were in hopes it had reached your excellency's 
 ear ere now, that it has been currently reported, ever 
 since your excellency's return from the Indian treaty 
 at Albany, in the year 1745, that the goods given by 
 your excellency as presents to the Six Nations that year, 
 did not amount, in value, to one third part of the sum, 
 allowed by the assembly, and that this computation was 
 formed by persons present, from the quantity of goods 
 given them at the same time, on behalf of a neighbour- 
 ing government, which appeared larger than what was 
 given by your excellency, yet the costof the former did 
 not amount to three hundred pounds ; that it has also 
 been rumoured, that the French and Spanish prisoners 
 imported in prizes, brought to this city, have, by some 
 persons, under colour of your excellency's authority, 
 been disposed of, from time to time, to the owners or 
 eommanders of flags of truce, at the rate of several 
 pistoles a head ; these are reports which reflect so much 
 upon your excellency's administration, that we should 
 have remained uneasy, without giving your excellency 
 the occasion of vindicating your own honour ; either by 
 bringing the delinquents to justice, if any there be, that 
 
History of Ncn:'YorJ(. 501 
 
 have go perfidiously abused your excellency's trust, or 
 punishing the authors of so shameful a scandal. 
 
 " A7id now we hope we have evincedy that we are not only 
 careful of our own honour and interest^ hut your excellen- 
 cy's too ; at a season, when, with real concern, we find 
 the colony in great danger of being involved in the ut- 
 most difficulties from the common enemy w ithout, and 
 divisions within, from the present posture and conduct 
 of its affairs ; w hen the seeds of dissention are, as it 
 were, authentically scattered and industriously propa- 
 gated, through the artifices of a designing man who has 
 private views ; for though they have hitherto been pro- 
 videntially blasted, we fear they may at length spring 
 up, and bear a great increase, which God forbid/' 
 
 We shall not pursue this answer any further, it being 
 sufficient to remark, that it denied the charge made by 
 the governour, that the assembly had not provided for 
 the defence of the colony ; and to support this denial, it 
 recapitulated the various supplies which had, from time 
 to time, been granted. It sneered at the charge that 
 had been made against the inhabitants of the city of 
 Albany, and roundly asserted that the governour 
 was under the influence of a person who was ob- 
 noxious to the colony, and who had, by his misman- 
 agement, occasioned difficulties with the Indians, and 
 disturbed the harmony between the different branches 
 of the government. The governour was so highly in- 
 censed that he immediately adjourned the assembly, 
 declaring that he would lay before his majesty and min- 
 isters this proceeding of the house. The state of the 
 colony, however, and the necessity of raising supplies^ 
 would not perinil of a long adjournments 
 
J02 
 
 History of New-York. 
 
 ^ YIII, The house was reassembled in a few day 
 when the governour informed it that he had already 
 engaged his own private fortune for his majesty's ser- 
 vice, and that nine thousand pounds, which he had re- 
 ceived on bills which he had drawn on England, had 
 been expended in the payment of the new levies. He 
 insisted (hat the house should indemnify him against 
 these advances. The assembly resolved that it did not 
 appear to be his majesty's intention that the colony 
 should contribute any monies toward the pay of the 
 forces raised for the expedition against Canada ; and 
 that it was the duty of the colony to supply those for- 
 ces with provisions only ; and concluding, nemine cofv- 
 tradicaite, That if the safety of the people of this col- 
 ony, in theii' lives and estates, should be endangered by 
 the forces liot being paid ; his excellency will only be 
 to blame, as it is altogether in his power to provide 
 against the evils which are threatened, and which may 
 be so easily prevented, by his excellency's discharging 
 the duty which he owes to his majesty." The gover- 
 nour was now determined to fatigue the house into 
 compliance by frequent adjournments ; an expedient 
 which seldom failed of producing effects directly the 
 reverse froiii what was intended. His excellency ad-' 
 journed the house from the 5th of June to the 15th 
 from that day to the 7th of July ; then to the 14th; 
 then to the 21st; then to the 30th ; then to August 4th. 
 
 ^ IX. On that day he informed the house that he had 
 received a letter from governour Shirley, by express, 
 informing him * that it was thought necessary to deter- 
 mine upon some plan for forming a junction between^ 
 the forces now in the province of New- York, with those 
 of Massachusetts and Connecticut ; that the whole ex« 
 
History of New- York. 
 
 pense, exclusive of provisions, for carrying this plan in- 
 to effect, was computed at fourteen thousand pounds ; 
 Bnd recommending the assembly to provide for a por- 
 tion of the expense. The house was not satisfied with 
 this recomii>endation, without first being informed what 
 Massachusetts and Connecticut intended to contribute 
 \ towards this burden. It resolved, " That it would 
 iiome to any well concerted scheme, in conjunction 
 with the neighbouring colonies, for annoying the com- 
 mon enemy ; and cheerfully contribute its just propor- 
 tion of any sums of money (consistent with the circum- 
 stances of the colony) which it should judge necessary 
 for carrying such scheme into execution : That it did 
 not appear what sums of money had been already ad- 
 vanced by the governments of the Massachusetts Bay, 
 and Connecticut, to engage the Six Nations of Indians 
 in their zeal foi^ continuing their incursions, and joining 
 in any enterprise against the enemy ; but that the 
 house were fully persuaded, that this colony had alrea- 
 dy contributed much larger sums of money, for secur- 
 ing those nations in liis majesty's interest, than both the 
 provinces of Massachusetts Bay and Connecticut put 
 together ; and that his excellency best knew^ how those 
 sums had been applied: That whatever expense the 
 government of the Massacljiisetls Bay, Connecticut and 
 New-York, should find necessary to take upon them- 
 selves, for carrying any well concerted scheme into ex^ 
 ecution, for annoying the common enemy, this colony 
 ought not to pay more than one third part thereof ; 
 which it w^ould always cheerfully contribute : And fur- 
 ther, that the governments to the westward, ought to 
 bear a share of all such expense ; and that it should be 
 then a lessening of tlie contribution of tlie colonies of 
 
cm 
 
 History of New-York. 
 
 the Massachusetts Bay, Connecticut, and New-York, 
 according to the aforesaid proportion." 
 
 J X. The governour, a few days after, sent a mes- 
 sage to the assembly, declaring that he could no long- 
 er continue the expense, at the charge of the crown, for 
 supplying the four companies of fusileers, at Albany, 
 and the levies made in the other colonies, for the inva- 
 sion of Canada, nor the expense of preserving the friend- 
 ship of the Indians, and sending out parties of that peo- 
 ple to annoy the enemy, and to gain intelligence of 
 their movements. He urged the house to make provi- 
 sion for those expenses, and for relieving the garrisons 
 at Oswego and Saratoga. He informed it also that a 
 considerable body of the French, and their Indians, 
 had been seen between Saratoga and Crownpoint, and 
 that troops had been despatched in pursuit of them. 
 The assembly refused to furnish provisions for the four 
 companies at Albany, alledging that their pay was suf- 
 ficient for the purpose, and that they had always sub- 
 sisted thereon, unless when placed in remote garrisons* 
 It likewise refused to furnish the troops of the other 
 colonies with provisions, as being highly unreasonable 
 and unjust : That the crown aught to be at the ex- 
 pense of securing the friendship of the Indians, espe- 
 cially at this juncture, when the burdens in^posed on 
 the colony, by reason of the war, were almost intole- 
 rable. It voted further, that as the crown had hitherto 
 defrayed the expense of the garrison at Saratoga, it saw 
 no reason for transferring that duty to the colony ; and 
 that the allowance already made to the garrison at Os- 
 wego was sufficient. It resolved, " That provision 
 be made for the pay and subsistence of one hun- 
 dred and fifty effective raen, officers includ<jd^ to 
 
History oj New^York. SOa 
 
 range and scour the woods, in the county of Albany, 
 for the space of fifty days, for the protection of the in- 
 habitants of the said county, against the skulking parties 
 of the enemy ; that they be divided into three compa- 
 nies of fifty men each, viz. for the city of Albany, one 
 company ; for the township of Schenectady, one com- 
 pany ; and for the township of Kinderhook, one connt- 
 pany ; and that their pay be at the following rates, viz. 
 for three captains, six shillings per diem, each ; for 
 three lieutenants, four shillings per diem, each ; and 
 for one hundred and forty-four private men, two ^hih 
 lings and six pence per diem, each/' 
 
 64 
 
506 
 
 History of New-York. 
 
 CONCLUSION. 
 
 limits of this volume will not permit a continua- 
 tion of our history to the present time, upon the plan 
 which has been adopted. At some future day the 
 chafsm will be supplied in a manner worthy of the sub- 
 ject. Upwards of one hundred pages tiave been occu- 
 pied in giving a view of the most prominent facts 
 which have occurred during the short space of fifteen 
 years, (from 1732 to 1747.) The subsequent period 
 becomes still more interesting, the history of which 
 will require another volume to complete. To do jus- 
 tice to the period of which we have treated, less could 
 hardly have been said, and more, perhaps, may have 
 been expected. 
 
 The following presents the names of the governours 
 and lieutenant governours of the colony and state of 
 New- York, to the year 1814. 
 
 Colonial Governours and Lieutenant Governours. 
 
 George Clinton, governour, October 10, 1753. 
 
 Danvers Osborn, 1753; took his seat at the council 
 board, October 10, and died on the 12th. 
 
 James De Lancey, lieutenant governour, 1753, 
 
 Sir Charles Hardy, September 20, 1755. 
 
 James De Lancey, lieutenant governour, June 3d^ 
 1757. 
 
 Cadwallader Colden, president of the council, 1760 ; 
 appointed lieutenant governour, August 19, 1761. 
 
 Robert Monckton, governour, June 25, 1762. 
 
 Cadwallader Colden^ lieutenant governour, Septem- 
 ber 14, 1763. ) 
 
History of New-York. 
 
 507 
 
 Henry Moore, governour, November 29, 1765. 
 Cadwallader Golden, lieutenant governour, Septem- 
 ber 29, 1769. 
 
 John Earl of Dunmore, governour, October 31, 3770. 
 William Tryon, governour, August 7, 1771. 
 Cadwallader Golden, lieutenant governour, (acted) 
 April 16, 1774. 
 William Tryon, governour, June 28, 1775. 
 
 Slate Governours. 
 George Clinton, 1777,. 
 John .lay, 1795. 
 George Clinton, 1801. 
 Morgan Lewis, 1804. 
 Daniel D. Tompkins, 1807- 
 Ibid, 1814. 
 
 In the following table the first column of figures 
 represents the pages of the quarto edition of Smith's 
 history, referred to in the Revised Laws of New- York, 
 and the second the corresponding pages in this edition; 
 
 Quarto edit. p. 22, see octavo edtition page 48. 
 
 31 .... 60. 
 
 31 . in notis, . 61. 
 
 34 .... 64. 
 
 75 ... . 127, 
 
 76 . in notis, 127. 
 98 ... . 161. 
 
 103 ... . 169.. 
 
 245 ... , 374, 
 
 253 .... 385. 
 
NOTES. 
 
 SUGAR COLONIES. The act broufi;ht into paiUament relatiag 
 to the su^av colonies proposed restrlctioQS upon the American colonial 
 trade, and encouragements to the West India commerce. We intend- 
 ed to have given a detail of its particular provisions, but more impor- 
 tant matter being crouded upon our attention, we have thought proper 
 to omit it. 
 
 NOTE A. 
 
 This complaint of the Indians charged the corporation of Albany 
 ^?ith having obtained from them a deed, by fraud, of certain lands at 
 Fort Hunter. This charge appeared to be ill founded. The lands 
 were already included in the charter of Albany, and rendered any 
 further conveyance unnecessary. 
 
 NOTE B. 
 
 The following particulars, relative to ZJfenger, iare extracted from 
 Thomas' History of Prlntii^g : 
 
 At the next term of the supreme court, the grand jury found the pre- 
 sentment against Zenger ignoramus. The attorney general was then di- 
 rected to file an Information against him for printing the said libels, and 
 he remained in prison till another term. His counsel offered exceptions 
 to the commissions of the judges, and prayed to have them filed. The 
 judges would not allow, or even hear the exceptions, and they excluded 
 Zenger's counsel, Mr. Alexander and Mr. Smith, from the bar. Zeitger 
 obtained other counsel, viz. John Chambers, of New York, and Andrew 
 Hamilton of Philadelphia. Mr. Hamihon made the journey from Phi- 
 ladelphia to New York for the sole purpose of defending Zenger. Zen- 
 ger being put to trial pleaded " not guilty." The printing and publish- 
 ing the papers were acknowledged b> Zenger's counsel, who offered to 
 give the truth in evidence. This the court would not aclmit. Mr. Ham- 
 ilton argued the cause in a most able manner, before the court and a 
 numerous and respectable assemblage of people. The judges observed 
 that the jury might find that Zenger printed and published the papers in 
 question, and leave it to the court to determine whether they were libel- 
 lous. Mr. Hamilton remarked, that they might do so, but they had a 
 right, beyond ail dispute, to judge of the law as well as the facl^ &c. The 
 jury having retired a short time, returned with a verdict, " Not Guilty,'' 
 to the great mortification of the court, and of all Zenger's prosecutors ; 
 but which was received by the audience with loud bursts of applause, 
 concluding with three cheers. The next day Zenger was released from 
 prison, after having been confined eight months. 
 
 Zenger publislied the [IN ew- York] Journal on Mondays, till he died, 
 in the summer of 1 746. 
 
 It was continued by his widow, Catharine Zenger, till December, 1 748, 
 when she resigned the publication to her son, John Zenger. Her im- 
 print was— « New- York t Printed by the v/idow Cathrine Zenger, at 
 
509 
 
 the printing oilicc in StoDe-street. Where advertisements are taken in^ 
 aod all persons may be supplied with this paper." 
 
 John Zenger, in January, 1748-9, new modelled the title of the Jour- 
 nal, and added a cut, coarsely executed, of a section of the royal arms, 
 containing three lions gardaut, encircled with the usual motto, Horn 
 soit qve mal y pense surmounted by a crown. The imprint — ^" New- 
 York : Printed by John Zenger, in Stone-street, near Fort George; 
 Where advertisements are taken in at a moderate rate,"' 
 
 John Zenger published this paper until about 1752, wheo it was dis- 
 continued, but in 1766, the title was revived by John Holt. 
 
 In the New- York Journal, of February 25, 1751, is the following ad- 
 vertisement. 
 
 My country subscribers are earnestly desired to pay their arrear- 
 ages for this journal, which if they don't speedily, I shall leave off send- 
 ing, and seek my money another w ay. Some of these kind customers 
 are in arrears upwfirds of seven years ! Now as I have served them so 
 long, I think it is time, ay, high time too, tliat they give me my outset ; 
 for they may verily believe that my very cloathes are almost worn out. 
 N. B. Gentlmen, If you have not ready money with you, still think of 
 the printer, and when you have read this advertisement, and considered 
 it, you cannot but say. Come Dame, (especially you inquisitive wedded 
 men, let the bachelors take it to themselves) let us send the poor printer 
 a few gammons or some meal, some butter, cheese, poultry, &c. In the 
 mean time I am yours, &c. J. ZcngcrJ*^ 
 
 New-York, September 29, 1736. 
 His majesty's council of the province of New- York being duly 
 summoned to attend me in council, as commander in chief of the pro- 
 vince, and James Alexander appearing, and the rest neglecting to ap- 
 pear according to the said summons, so that a quorum could not be 
 made to give me their advice concerning tlie appointment of the fol- 
 lowing magistrates of this city ; I have, in their default, appointed Cor- 
 nelius Van Ilorne, mayor ; William Smith, recorder ; llicha^'d Ash- . 
 field, sheriff; and Richard Is'icolls, coroner, for the ensuin£^ vear. 
 
 RIP VAN DAM. 
 
 The following trial is given for the amusement of the reader. It is, 
 perhaps, not generally known that any solemn judicial investigation of 
 a charge of Witchcraft ever occurred in this state while a colony. It 
 is pleasing to observe, that in its conclusion, it was not stained with 
 those characters of blood, which disgrace the history of a sister state. 
 
 At the court of assizes, held in New-York> the 2d day of October, 
 1665, &c. 
 
 The tryall of Ralph Hall, and Mary his wife, upon suspicion of 
 witchcraft. 
 
 The names of the persons who served on the grand jury : 
 Thomas Baker, fforeman of the jury, of Easthampton 5 capt. Jjolm 
 
510 
 
 NOTES. 
 
 Symonds, of Hemp^^teed ; Mr. Hallett, of Jamaica ; Anthony Wa- 
 ters, Thomas M^andall, ot* Marshpathkill ; Mr. Nicolls, of Stamford ; 
 Balthazer De Haart, John Garland, Jacob Leister, Anthonio De 
 Mill, Alexander Munro, Thomas Searle, of New-York. 
 
 The prisoner being brought to the barr by Allard Anthony, she- 
 i^iff of New-York : This following indictment was read, first against 
 Ralf>h Hall, and then against Mary, his wife, viz. 
 
 The constable and overseers of the towne of Seatalcott, in the 
 east riding of Yorkshire, upon Long Island, do present, for our sove- 
 raigne lord the king, that Ralph Hall, of Seatalcott aforesaid, upon 
 the 25th day of December, being Christmas day last was twelve 
 months, in the 15th year of the raigne of our soveraigne lord Charles 
 the second, by the grace of God king of England, Scotland, Ffrance 
 and Ireland, defender of the faith, <fec. and severall other days and 
 times since that day, by some detestable and wicked arts, commonly 
 called witchcraft and sorcery, did (as is suspected) maliciously and 
 feloniously practise and exercise, at the said town of Seatalcott, in 
 the east riding of Yorkshire, on Long Island aforesaid, on the per- 
 son of George Wood, late of the same place, by which wicked and 
 detestable arts, the said George Wood (as is suspected) most danger- 
 ously and mortally sickened and languished, and not long after, by 
 the aforesaid wicked and detestable arts, the said George Wood (as 
 is likewise suspected) died. 
 
 Moreover tiie constable and overseers of the said towne of Seatal- 
 cott, in the east riding of Yorkshire, upon Long Island aforesaid, do 
 further present, for our soveraign lord the king, that some while af- 
 4er the death of the aforesaid George Wood, the said Ralph Hall, 
 did (as is suspected) divers times, by the like wicked and detestable 
 arts, commonly called Witchcraft and Sorcery, maliciously and felo- 
 niously practise and exercise, at the said town of Seatalcott, in the 
 east riding of York&iiire, u\)on Long Island aforesaid, on the person 
 of an infant child of Ann Rogers, widow of the aforesaid George 
 Wood, deceased, by which wicked and detestable arts, the said infant 
 child (as is suspected) most dangerously and mortally sickened and 
 languished, and not long after, by the said wicked and detestable 
 arts (as is likewise suspected) died : and so the said constable and 
 overseers do present, that the said George Wood, and the said infant 
 childe, by the ways and means aforesaid, most wickedly, maliciously 
 and feloniously were (as is suspected) murdered by the said Ralph 
 Hall, and the times and places aforesaid, against the peace of our 
 soveraign lord the king, and against the laws of this government in 
 such cases provided. The like indictment was read against Mary, 
 the wife of Ralph Hall : Thereupon several depositions accusing the 
 prisoners of the fact for which they were indicted, were read ; but no 
 witnesses ap[)eared to give testimony in court, viva voce^ then the 
 clerk calling upon Ralph Hall, bade him hold up his hand and read 
 as follows : Ralph Hall, thou standest here indicted for that having 
 not the fear of God before thine eyes, thou didst, upon the 25th day of 
 December, being Christmas day last was twelve months, and at se- 
 
NOTES. 
 
 511 
 
 vera! other times since (as is suspected) Iciy some wicked and detest- 
 able arts, commouly called witchcraft and sorcery, maliciously and 
 feloniously practise and exercise upon the bodies of George Wood 
 and an infant child of Ann Rogers ; by which said arts the said 
 George Wood, and the infant child (as is suspected) most danger- 
 ously and mortally fell sick and languished unto death. Ralph Hall, 
 w hat dost thou say for thyself— art thou guilty or not guilty ? Mary, 
 the wife of Ralph Hall, was called upon in like nianner. They both 
 pleaded not guilty, and threw themselves to be tried by God and the 
 country. Whereupon their case was referred to the jury, who 
 brought into the court this following verdict, viz. 
 
 We having severally considered the case committed to our charge 
 against the prisoners at the bar, and having well weighed the evi- 
 dence, we find that there are some suspicions by the evidence of 
 w hat the woman is charged with, but nothing considerable of value 
 to take away her life ; but in reference to the man we find nothing 
 considerable to charge him with. 
 
 The court, thereupon, gave this sentence : That the man should 
 be bound, body and goods, for his wife's appearance at the next ses- 
 sions, and so on from sessions to sessions, as long as they stay within 
 this government. In the mean while to be of good behaviour. So 
 they were returned to the sheriff' s custody ; and upon entering into 
 a recognizance according to the sentence of the court, they were re- 
 leased. 
 
 Appeals, actions, presentments, &c. entered for hearing and tryall 
 at the generall court of assizes, to be held in New-York, beginning 
 on the first Wednesday of October, 1670 : 
 
 In the case of Katharine Harryson, widow, who was bound to the 
 good behaviour, upon complaint of some of the inhabitants of West- 
 chester, until the holding of this court. It ordered, that in regard 
 there is nothing appears against her deserving the continuance oi 
 that obligation, she is to be released from it, and hath liberty to re- 
 main in the towne of Westchester, where she now resides, or any 
 where else in the government, during her pleasure. 
 
 A release to Ralph Hall, and Mary, his wife, from the recognizance 
 they entered into at the assizes : 
 
 These are to certify to all whom it may concerne, that Ralph Hall, 
 and Mary, his wife, (at present living upon the great Minifords isl- 
 and) are hereby released and acquitted from any and all recognizan- 
 ces, bonds of appearance or other obligations entered into by them or 
 either of them, for the peace or good behaviour, upon account of any 
 accusation or indictment upon suspicion of witchcraft, brought into 
 the court of assizes against them, in the year 1665 ; there having 
 been no direct proofs nor further prosecution of them since. Given 
 under my hand at Fort Jame??, in New»York, this 21st day of Au- 
 gust, 1668. R, NICOLLS. 
 
% CONTENTS. 
 
 FAGlg. 
 
 PA RT I. Prom the discovery of the colony to the surrender id 1 664, 1 7 
 FART II. From the surrender in 1664, to the settlement at 
 
 the revolution, 51 
 PART III. From the revolution to the second expedition 
 
 against Canada, 121 
 PART IV. From the Canada expedition, m 1709, to the ar- 
 rival of Go vernour Burnet, 193 
 PART V. From the year 1 720, to the commencement of the 
 
 administration of colonel Cosby, 239 
 PART VI. Chap. T. A geographical description of the country, 283 
 CHAP. II. Of the inhabitants, 318 
 CHAP. III. Of our trade, 326 
 CHAP, IV. Of our religious state, 334 
 CHAP. V. The political state, 350 
 CHAP. VI. Of our laws and courts, 371 
 Of the justices court, 373 
 The sessions and court of common pleas, 374 
 The supreme court, ib» 
 The court of admiralty, 383 
 The prerogative court, ib. 
 The court of the goveroour and council, ib. 
 The court of chancery, 385 
 PART VII. From the year 1732 to the year 1756, including 
 
 the whole period of governour Cosby's administration, , 393 
 PART VIII. From the year 1736 to the year 1738, inclusive 
 ...Including part of lieutenant governour Clarke's adminis- 
 tration, 413 
 PART IX. Including from the year 1738 to 1741. ..Being a 
 continuation of the government under lieutenant governour 
 Clarke, 429 
 PART X. Including from the year 1741 to the year 1743, 
 when governour Clinton arrived, and terminated the ad- 
 ministration of lieutenant governour Clarke, 443 
 PART XI. Including from the year 1743 to the year 1745, 
 
 being two years of governour Clinton's administration, 457 
 PART XII. Including from the year 1745 to the year 1746, 473 
 PART XIII. Including the remainder of the year 1746, and 
 
 part of the year 1747, 491 
 Conclusion, 5Q6