Yale Universitv Librarv

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YALE UNIVERSITY
LIBRARY

Presented by
Gen. J. Watts de Peyster
1872

on$ of ^)i(^iJrtt)

IN

NEW YORK.

A PAPJiR
READ BEFORE THE NEW YORK HISTORIOAL SOCIETY,
May 3d, 18 5 9.

BY HBNRY B. DAWSON.

J)rinteii, 00 iHannstript, for |Jrit)tttf (Eirmlotion,
1859.

THE

eSans 0f ITilinl])

lis

KTES'^CV 'Tr€D>lEl.TSL.

A PAPER
READ BEFORE THE NEW YORK HISTORICAL SOCIETY,
Maj^ -3, 1850.

BY HENRY B. DAWSON.

|Jrinte&, as lllanitscript, for ^ij rin ate (Eirfulation.

18 6 9.

CiS.'io

Entered, nccording to Act of Congi-ess, in llie year ISJ'^i. hy JIi^nt.t I;. IIaw^.n', in the Clerk's Offlc*^ of
the District Coni-t for tlie youthernDisliid of New Ydrk.

1^7 X,

11. ATT & srifKAM, VRIXTEKS.
roumiKEEvaiE.

To FREDERIC de PEYSTER, Esq. ;
Late President of ^^ The .sY. Xicholus -Society,"
;:ow SEOOXD vice-president of the new yoek HISTORIOAL society:
A hl.MEAL DESCENDANT OF
3ol)a)tncs be JJcflster,
Whose snii'dy opposition to the oppressions of the King of Great Britain,
at tlie head of the Merchants of tlie City of New Yorlv, in 1664-75,
formed one of "tlie small beginnings " of tlie American Revotntion :
AS A MEMENTO OF PERSONAL RESPECT,
THIS LITTLE WOEK IS IXSORIBBD, BT HIS FEIEND,
THE AUTHOB.
Greenburg, N. Y., Aljjy 25, 1859.

FOUNDED 1804.
At a stated meeting of the Society, held at the Library, on Tuesday
evening. May 3d, 1859, the paper of the evening, entitled "SONS OF
LIBERTY IN XEW YORK," was read by Mr. Henby B. Dawson.
On its conclusion, Dr. John W. Feanc'is submitted the following resohi
tion, whicii was adopted :
Resolved, That the tlianlts of the Society be presented to Mr. Henuy B.
Dawson, for his highly interesting paper read this evening, and that a eofiy
be requested for the archives of tlie Society.
Extract from the Minutes.
ANDREW WARNER,
Recording Secretar-y.

SONS OF LIBERTY TN NEW \^ORK.

It is a singular fact, Mr. President, that while the
war of the American Revolution is, generally, familiar
to every one, thc Revolution ilself, which preceded
and produced that war, is comparatively unknown and
uncaretl for. In fact, the scene of every battle aud
skirraish has become holy ground ; the glorious deeds
of Washingtou and Greene, of Wayne and Henry
Lee, of Davie and Marion, have become the theme of
general admiration ; and, in the absence of more promi
nent objects, even the apocryphal fame ofthe Ijlusterers
of that era has received a share of that applause whieh
hcis been intended for the merits of another and better
class of men. In the midst of all this veneration, on
the part of the people, thc bloodless conflict of princi
ples, which had estranged an intelligent and loyal
people from its Sovereign and from thc homes and
graves of its ancestors, has been, generally, forgotten ;
and, with here and there an exception, the names as
well as the patriotic devotion of .Tames Otis, -Joseph
Warren, Paul Revere, and Benjamin Edes, of Boston ;
of .Tonathan Sturges, of Fairfield; of .Tohn Durkee, of
Norwich ; of Jeremiah Vau Rensselaer, jMyndert Rose-
baum, and Thomas Young, of Albany; of John S. Ho
bart, of Huntington, L. I. ; of William Livingston, John
Morin Seott, William Smith, Isaac Sears, John Lamb,
Robert Benson, Egbert Benson, Frederic Weissenfels,
William Wiley, Gershom Mott, Alexander McDougal,
Alexander Hamilton, .Toseph AUicocke, and Marinus
Willett, of the city of New York ; of Rev. Daniel Hen
drickson, Peter Inilay, Jr., and Peter Covenhovcn, Jr.,
of Freehold ; of William Bradford and Isaac Howell, of

8
Philadelphia; of Thomas Chase, Robert Adair, and
Patrick Allison, of Baltimore ; of William Paca, Samuel
Chase, and Thomas B. Hands, of Annapolis ; and of
their correspondents and co-workers throughout other
parts of the country, have been lost sight of and en
tirely neglected.
A running survey of some of these lost ones— f/ie
Sons of Liberty in Ne^v York — is the subject of this
paper ; and I bespeak for them, in advance, a portion
of tRat respect which has been too long directed to
ward other and less worthy objects.
"T7ie Mother Country^' as our English friends still
take pleasure in calling themselves, and her twelve
trans-Atlantic daughters — to say nothing of "the stran
ger within her gates," at the mouth of the Hudson —
never lived in harmony, or displayed much regard for
each other's comfort or happiness. On the contrary, it
was, emphatically, an unlia])py family ; and, as is gen
erally the case when the conservative, but obsolete,
ideas of th-e parents fail to keep up with, or offer oppo
sition to, the radically progressive sentiments of the
children, the nervous American daughters, and the
equally sensitive Dutch handmaiden, were never firmly
bound, either by affection or ideas of interest, to their
avaricious English mother and mistress. In short,
dropping the simile, the history of the Colonics on thc
Atlantic seaboard, with a single exception, presents
but little else than a series of conflicts between the
government or its officers on the one hand, and thc
Colonies or their chosen representatives on the other,
for the protection of the privileges which they or their
fathers had possessed "at home," before they emigrat
ed; which they had not alienated or enfeoft'cd by their
removal to America ; and which, as (hey maintained,
they continued to hold without i'orfeit or abatement.

tD

From Massachusetts to Georgia, with rare exceptions,
"the chartered privileges" of the Colonies were theu
great subject of contention ; and, falling back on Miigua
Charta, admitting the supremacy of the Parliament — in
which they were unrepresented — and recognizing the
grace of the King — as embodied in their charters — as
the foundation of their political rights, the colonists
battled manfully, as many of their ancestors had done
in the days of the first Charles, for the redress of their
grievances, and for "their rights as Englishmen." -
While this contest for "privileges" was being waged
by the twelve English Colonies, another, not less im
portant than this, was in progress in another part of
America. Another Colony, more impatient of control
than either of the others, was struggling in the midst
of them for a higher and holier purpose; and was
wielding a blade of more exquisite temper than the
weapons of any whi.ch the others possessed. (^ Of foreign"'
origin, "the rights of Englishmen" were not the birth
right of lier sons ; nor did the Magna Charta afford a
protection to her against the tyranny of the Sovereign
whose individual property she was, by right of con
quest. J Possessing none of the rights of local legisla
tion, except so far as the King or his grantee, ex gratia,
allowed it, nor theu without a veto jjower reserved to
himself ; and governed, almost entirely, by laws which
had been dictated, without the assistance of any popu
larly constituted legislative body whatever, she could
not, reasonably, claim "a vested right" to representa
tion before taxation ; nor could she, consistently, plead
for her "right" to an impartial Judiciary, while the
King controlled, legally, and without restraint, the
fountains of justice within her boundaries. Heaven
had permitted the issue of "royal charters" to the
twelve, as a protection against the aggressions of the

10
V King and the Parliament ; Vjput to the thirteenth — our
own New York — that safeguard had Ijceu denied, that,
being unincumbered witli thc concessions which her
"privileged" neighbors had made to the King and the
Government, she might strike for ''Independence
and "-the ru/hts of man," and lead the column to
victory. )
Origiually a Colony of Netherlanders, in August,
LSiliJ:, the l^'xm ISitimviaixils passed into the hands of
the King of Great Britain und of his grantee, the Duke
of York ; and, since that time it has been known as
New York.' "If we except Jamaica, this was the first
Colony which had been gained by the valor of English
men ; and uow the Sovereign acquired all the rights
of a conqueror, bounded only by the principles of hu
manity and by the terms of the capitulation, agreeably
to the law of England, as defined by Sir Edward Coke.
' that where a country is conquered by the English
arms, the King may exercise over it a legislative au
thority, and may este,blish such a constitution as he may
^ think prudent.' " " (At the same time, "the Duke of
York," — the King's grantee — "animated by his pecu
liar principles, and impressed with an opinion that he
was invested, by his patent, with n'(jal autiiority, had
conferred all his powers on his deputy" ;' and that
officer. Col. Richard Nicolls, stood before the sturdv
burghers of this city, endowed with all the legal attri-

ty, enctm
Icspot.'' j

butes of a perfect despot.'' ) It is indeed true that soon

1 Articles of Oapitulatiou, "August the '27, old style, 1664."
2 Case of Calviu.
3 Oludmers' I'olil ical Annals, Ed. London, 17sii, p. 571.
4 "Heerecleil no courts ofjustice, hut took upon hiniselt the ^ole decision
of all contfovei'sics, wli;U->()cver. Complaints came beliire him by petition;
upon which he fi.'Ucadny to llie parties, and, after a summarv licisriiio'. pro-
noimccdjudgiueiit. Hisdelcrmiiiatioiis were called '-Filici!',' and were cxrou-

(

11
afterwards, "in tdl tho territories of his Royal Pligh-
ness, libertv of conscience," to a limited extent, "was
allinccd, provided such liberty was not converted to
licentiousness, orthe disturbance of others in the ex
ercise of the Protestant religion";' that "the several
townships hail Uberty to make their peculiar laws, and
decide all small c;\ses within themselves" ;" and that
Nicolls, soon after the conquest,^ "})rudently copying
what had been tdready established by the Dutch,
erected a ' Court _^_of._ Assizes,' "¦ — composed of
of Jiimself and his Council, together with the Justices
of--the- Peace -ift-the_. city ofNewY^ork — in which was
vested, not only Judicial powers, but, to a limited ex-
I eil by the sherilfs he had appointed. It is much lo his honor, 1 liat not
withstanding all this plenitude of po\ver, he governed the province with
integrity and moderation." — (Smiths TIMory of Xcio Yorl; cd. 182',).
L,;-. 37.)
1 "The Conditions for New Planters in the Territories of his Royal High
ness the Duke of York," by Gov. Nicolls.
3 Ibid.
•3 The date of the organization of the Court of Assizes is a niatter of
dispute. Smith {History of Xcir York, ed. 1829, I., p. 42) attributes it tn
the era of Gov. Lovelace, who succeeded Gov. Nicolls; Wood (Iltntory of
Lont] Island, ed. 1828, ]). 90, note,) says "This is a great mistake. It was
established by Nicolls in the code lie had conij^iled for the government of
the Colony, and published at Hempstead, March 1, 1605." Others, lijllov, -
ing these authorities, have adopted one or other of these theories ; but I
believe the provisions of "the Duke's Laws" relate only to tlic i-cr/iilatioi,
of the sessions of a "Court of Assizes," which had been previously organ
ized by order cjf Gov. Nicolls. The terms of the Code — inasmuch as the
organization of a new Court is not alluded to, as the members of the Court
are not designated, as thc character and exteut of its authority are not de
fined or mentioried, and as the number of its sessions and time and place of
its meetings are the only subjects ofits provisions {Article "Assizes," Dvl-r's
Lates) — if I interpret their meaning correctly, do not estahlish a "Court of
Assizes," but merely re/jvlatc oue which was already in existence, and
who.-e se^^Mons, by that acl, were rciluced. in mmiber {"sliall he held, lUT
once in the year^''). I respeettully submit that the Dutch original, which
Clialmers says Nicolls "prudently copied," can lie found in the Court ot
Director General and Council, ivhose Minutes arc in the .otiice of the
Secretary of State, at Albany.

12
y tent, legislative powers alsoX But it is equally true
that the Duke's "deputy" was the only source of official
authority in the Colony ; that this "Court of Assizes'
w'as his creature, and was responsible only to him ;
that the legislative powers which it possessed extended
only to the privilege of recommending measures to the
Dulce fov his enactment,)" without whose approbation
they acquired but little authority" ;' that the Code of
Laws by which the Colony was governed was "estab
lished by the authority of his Majesty's Letters Patent,
granted to his , Royal Highness James, Duke of Y'ork
and Albany," and published ''by virtue of a Co'inmis-
sion" from that Prince, without the recognition, on
his part, of any rights of legislation whatever, either in
the people, the Court of Assizes, or of any other body
whatever ;^ that taxes were raised by warrants issued
annually from the Governor and his Council to the
High Sherifi', on assessments which were made by the
constables and overseers of the several towns, all of
whom were responsible only to the Governor, who ap
pointed them, and not, in the remotest degree, to the
people ainong whom they exercised authority ;* that
import duties were levied by special orders from the
Duke ;*" and that commercial intercourse with any
1 "Answers to the severall Quceries relating to the Planters in the Ter
ritories of His R. H.'s, the Duke of Yorke, in America," made by Gov
NicoUs, -Iuly, 1665; Ch.almers, p 575.
2 Chalmers, p. 574.
3 Title of the Code, known as "The Duke's Laws."
4 Duke's Laws, title, "PubUc Charges.''''
5 " Reply to the Peticon of the Farm" of Yr Ma'™ Customes," N. Y.
Papers, /., 92; "Instruccons for Edmd Andros, Esq'', my L' Govern'' of
Long Islaud," &o., dated .Iuly 1, 1674; Duke of York to Gov. Andros,
Jan. 28, 1676 ; the same to same, May 7, Iii77 ; Warrant tn (.im-. Andros,
18th May, l(i7S; Duke of York to Licui, Gov. Brockholst, '2Slh March,
1682 ; Oommissimi of Lucas Saiitcu, to be Collector of the Port at New
York, ITth Feb., 1(ls:K

13
other country than England, notwithstanding the sixth
article of Capitulation guaranteed li'e(> commerce with
Holland, was strictly forbidden.' VWhat "rights of
Englishmen," or which of the provisions of Magna Chiir-
ta the people of New York enjoyed, while this gov
ernment existed, is ;i.. question which is easier asked
than answered ; and yet, who can say there was the
least illegal usurpation of power V It was a conquered
people, and, as Sir Edward Coke said, "the King could
exercise over it a legislative authority, aud establish
such a constitution as he might think prudent.",)
' The people never regarded this government with
any affection ; and, under the leadership of the fearless
P.eter_Stuyvesant. they soon demanded the I'ights to
which they were entitled under the provisions of the
articles of capitulation. So sensitive, indeed, were
they, that, in October, 1664, — less than two months
after the surrender of the eity to Col. Nicolls, — the
Burgomasters and principal inhabitants of the city re
fused to take the oath of allegiance to thc Duke and
the King, until the provisions of the Articles of Capitu
lation — among which was the right of "a voice in all
public matters," through their own freely elected De-
puties^had been reaffirmed and secured by the Gov
emor ; Jand, from that time, they steadily persisted
in demanding the recognition of their rights to
participate in the government ;^ ceasing to pray for

1 Orders in Council, Nov. IK, 1668.
2 It ks a favorite theory with some, that the Dutch, in New York, were
weary of the government of their Fatherland ; and that they gladly avail
ed themselves of the opportunity whicii was aiibrded, by the arrival of
Col. Nicolls, to throw otf the yoke. In denying this. I need only refer, for
evidence, to the steady opposition whicli tlie burghers presented to Nicolls
when he attempted to secure their adhesion to the Crowu of Great Britain

14

that povfer ouly when the "Charter of Liberties and

in October, 1664 — le.ss than two montlis after the conquest — of which the
following is the record, -no-w printed for the first t't'ioe :
¦¦Friday, Uth Octob., 1664, at One o'clock in the afternoon, being sentfor,
have appeared at this City H.all —
Pieter Toiinemau, Paulus Leeiulerzen Vander Grist, Cornelis Steen
wyck, Tymotheus Gabry, Isaac Gre ven r.aat, Nicholaas de Meyer, Allard
Antony, Joannes de Peister, Jacob Kip, .lacques Oousseau, Isaac deForeest,
Jeronimus Ebbinck —
Ihirgomasters reporting that the IP Go\'ernour Richard Nicolls had, the
evening previous, ordered that he .should appear in per.son to take the Oath,
and with th.at view that Burgomasters .should summon to tlii< City Hall
the M.agistracy of this City and Some of the Principal Inhabitants. After
which tho Heer Governour Nicolls appeared ia person, with hi.^ Secretary,
in this City Hall, enquiring where the Heer Petrus Stuyvesant, Secretary
van Ruyven, & the Preachers were ? It was thereunto answered, that
itwas not known th.at they should havebeen sent for. To which the
Iff Governour Nicolls said, that they should be sent for. Who being invited
they inimediately came.
The Iif Governor Nicolls requests of the present Assembly to take the
following Oath :
¦'I swear by the n.ame of Almighty God that I willbe a trn Subject to
the king of great Britain, and will obey all Such coininands as I sal receive
from his Mfijestio, his Royall Highnesse .James Duke of Yorck, And such
governours ,and oflBcers a.s from time to time are appointed over me by his
Authority And none other whil'st I live in any of his :Majesties territories.
So help mo God."
[Here follows in the original a translation of tho above Oath into Dutch.]
The preceding Oath beiug read to the Meeting by the II"- Governour
NicoUs, divers debates occurred thereupon by some of the Assembly. Fi
nally all in the meeting roundly declared that they could not take such
Oath, unless tho H^ Nicolls should please to add to the said O.ath— "Con
formable to the Artioles concluded on the Surrender of this place"  as tlie\-
feared by taking such Oath they might nullify or render void tho articles.
ThenDe Megapolonsius and Secretary Van Ruyven st.-itedthat they saw
no impediment to taking such O.ath. Nevertheless divers words occurred
over & hither thereupon, after whicii the Iif Governour Richard Nicolls
iinally departed with his Secretary from the Meetin;:. The Assembly also
theu adjourned.
On tho Tuesd.ay followiug, tJie .Burgomasters went with tlie Treasurer's
Book of the City accounts to thc IP Gdvernour Richard Nicolls and pla
ced the same in his hands, togellier with the P.ond granted to the City bv
the late Heeren Director General aud Council. After -wliich divers debates
arose on both sides in presence of Col. Cartwriglilt and Mr. Thomas Willet

If)
Privileges,' whieh was ptissed October 30, 1683, seeu-

regardiug thc Oath, and then the {iovernour -;aid that the Cdmiuonalt}
were greatly di.-^tracted by some. iJiirgcuiia'^ters tliereupon declared that
tliey had no knowledge thereof, and [lersisted again that they could iiul
take the Oath betbre and until it wns tliereuiilo added — "Conformable to
tlio Article.-- concluded at the Snrrciulcr of this place." Wlicrcupou the
IP (iovernour exhibited and delivered to tbe Piurgoniasters the following
writing: —
'¦Whereas there i^ a false and Iniurious aspertion cast vpon the Oath of
Ohcdieiice to his Ma'if hi- Roy.all Highnesse the Dukc oC Jorek and the
(.roveruof and Officers appoiuted by his Ma''"^ Authm-iti and that some
persons have maliciously sought In distract the mindes of the Inh.abi tants
of Neu .iorcke by suggesting I hat the Artycles of pe.ace so late and Solemn
ly made, signed and .seale<l, were intended by th.at O.ath to be made Null
and of none eft'ect, to the end thnt such wicked pr.actises m.ay not take the
elVect for w'^'' they are designed, and th.at .all non under bis Ma''"' nbe-
dience as denizens of his towne, may be undeceived, &, not gi\-e any
longer .creditt to the disturbers ofthe ]icace of thie Government : I doc
thinke litt to declare that the Articles of Surrender are not in the last
broken or intended to bo broken bj' any werdes or expressions on the said
Oath, and if any persuii or persons hereafter shall p^sunne to gi\c any
other construction of the soind O.ath than ie herein declared, I schal ac
compt hun or thera disturbers of the peace of his Ma''*''* subject-s, and pro-
eede accordingly. I doe further oppoint and order that thie declaracond
bee for thieith [forthioitli\ read to all the Inhabitants and Registred : as also
that every denizen under my Gouerment doe take the sai<l Oath who intend
to Remane here under hie Ma""^ Obedience. Given under iny li.and thie
eighteenth d.ay of Octob., in the yeare ofour Lord God, 1664: was signed
Rich.ard NicoUs.
At the side stood
•¦To the Burgomastra and other the Magistrates of New Jorcke."
[Here follows a translation ofthe above into Dutch.]
This date 20tli October, 1664. In this City-hall As.sembled.
Pieter Tonneman, Paulus Leenderts Vander Grist, Cornelis Steenwyck,
TyuKjtheus Gabrj-, Isaac Grevcnraat, Nicolaas de Meyer, Allard Anthony,
Joannes van Brugh, Joannes de Peister, Hendrick Janzen van der \'m,
Jacob Kip, Hendrick Kip, the Elder, Jacques Cousseau, Jeronimus Ebbinck,
Govert Loockermans, Isaack de Forecst, J.an Vinge.
The proceedings which took place .as well on the 14th October as aftcr-
^^•ards, and the writing of the Heer Governour Nicolls being read to the
Meeting, it was a.sked whether thc .aforesaid Oath could not be taken, in
asmuch as the IP Nicolls stated in writing that the Articles of the Surren
der of this place are not broken in the least. Nor intended to bc broken ?
Whereupon it wag univer.sally resolved in the Affirmative, provided the
above named Heer Governour Nicolls shall seal his given writing. Theu

16
red to them, an appearance at least, of the desired
privilege.' I am aware, sir, that raany consider the "Duke's
Laws," as they are called, to some extent, at least, the
work of the people, and that this Code furnishes evi
dence of the existence of a popularly constituted legis
lative body in the earliest days ofthe English authority
in New York. I trust the Society will jDardon me if I
give, briefly, the reasons which induce me to differ
J from those who have preceded me. (The Code known
as the "Duke's Lauvs^'' was promulgated, as it had been
enacted, by the sole authority of the Duke, at a Con
vention of Delegates from the Long Island towns,
which had been convened at Hempstead, in March,
1665,^ and, by the same authority, it was subse
quently arhended, in September and October 1665,
the Hf Tonneman says he cannot give his advice thereupon as he intends'
to depart for Holland with the ship lying ready to sail."
I certify the foregoing to be a true copy of the original Minutes on file in
my office. June 22d, 1859. D. T. VALBUiraE, Cl. C. C.
For additional evidence, let the remonstrance of the burghers on the
change of the mimicipal form of government, by Gov. Nicolls, in June
166.5 ; the memorials of Peter Stuyvesant tothe King and to the Duko'
October, 1667; thc memorials of Olive Stuyvesant Van Cortland, and
other.s, to the Duke and the King, in December, 1668 ; and thc correspond
ence between Gov. NicoUs and the Duke of York and Sir John Werden,
the Duke's Secretary, — especially Sir John's letter of Sept. 15, 1675, — be
examined. In that letter, Sir John wrote to Gov. Andros,— in reference
to the proceedings against CorneUus Steenwyck, Joannas V.an Brugh,
Joannas de Peyster, Nicholas Bayard, Egidius Luyck, WiUiam Beeckman,
Jacob Kip, and Antonius de Mill, who had declined, a second time, to
take the oath of allegkanco, unless the Goveruor rencAved the esphmation
which Gov. Nicolls had given in 1664,— ,as follows: "I have comunicated
to his R. II. yonr Ire. ofthe 20th of Aprill, 1075, -\v"> y" copies of y's pro
ceedings menconed iu y" .?<» paragraph of it, relateing to y^ tmmiUimts
meetings of so-me of y cheife nf if Dutch in i/ cityf &c.
1 This "Charter" is copied, at length, into the Revised LaAvs of 1813,
Vol. IL, Appendix II.
2 Title of "The Pickets Laws.''

17
October ICTL', and OctoI)er 167!');' ;iud, finally, the
same law-m;dviiig power, without any pttrtieipalioii
therein by the peo[)le or the Court, re-euaeled "the
Duke's Ltiws," hy an order to that clfeet, which was
addressed to Sir Edmond Andros, in August- 1674,"
all of which is entirely inconsistent with the legal ex
istence and authorit)- of such a popular law-making
power as that in question. The uneasiness of the peo-
pl(\ also, furnishes additional c;videuce that this Code
of 1665 had not been enacted by a popularly constitu
ted body, and that they wero not consulted in the for-
mtition of those laws which were, for somi; years after
Avards, enacted and promulgated.
On the 6th April, 1675, the Duke, in answer to a
letter which he had received from Gov. Andro.s, writes
to that officer, "touching Generall Assemblyes w"'' j"
people there seeme desirous of in imitacon of their
neighbour Colonies,'" and tells him, "I thinke you have
done well to discourage any mocon of y' kind, both as
being not at all comprehended iu yo' Instructions nor
indeed, consistent /v"' y' forme nf gonernni (dready
established, nor necessary for y" cas(.' or redresse.' of ;iny
greivance y' may happen, since y' may be as easilj- < ib-
tained, by any peticon or other addresse to you at their
Generall Assizffs, (w''*' is ouce a yeare,) where tlie same
persons (as Justices) are usually present, who, iu all
probability, would be theire Representatives if another
constitucon were allowed." In January, 167(i, the
Duke, speaking of letters which he had "formerly
writt touching Assemblyes in those countreys," says to
his faithful deputy, Andros,^ "1 cannot but susjject
1 Vide the Preambles ofthe amendments.
2 "Order to put the Duke's Laws in force in New York," Aug. 6, 1674.
.3 The Duko to Gov. Andros, Jau. 28, 1676.

/
18 . /
they would ]k' of dangerous eoiise(|ueiice, notliing be
ing morc knowne then tho aptness of such l)odyes to
assume to themselves many ])rivi1e(lges w"'' prove de
structive to, or ver\- oft disturbt,', the peace of \-"^^ gov-
ernni' wherein they aie tiUowed." In April, 167.S.
Gov. Andros reported' that -'the Court of Admiralty
hath heen by speciall ('omission or by the Court o I
.Mayor & Aldermen att NewA'orke," and that ''the
cheife Legislatiue [xiwer there is iu the; (ii^verno' with
advice ofthe Councell." On the 29th -Tuive. IGSl. the
Geueral Assizes — including the (iovernor, the Council,
tlu; Mayor and Aldermen of this city, the High Sheriff,
iind the Graud Jurj^— p.etitioned the Duke, in the
raost humble terms, foi- a Geueral Assembly for pur
poses of Legislation.- (_0n the 27th of January, 1683,
moved hy these continued appeals, and fearing the re
sentment of the people, the Duke instructed Gov. Don-
gnu, "in his name, to issue out Writts or warr"* of Sum
ons to y^sev'all Sherifl'es or other Oflic''' in every part
of \'o' said governem' wherein you shall expresse that
I hare thought Jiff that there shall be a Gen" Asseui-
loly of all the Freeholders, by the p'sons wdio they shall
chonse io rep'sent y"\ in ord' to consulting w"' yo' selfe
and the said Councill what laws are' htt and necessaiy
to be m;T,de .and estahiished I'or the good weale .and
goveruem' of the said Colon}* and its Dependencves,
and of all the inliiihitixuts thereof" [ And. finallv,
luir.'niant tn these in-sfrin-fiim^, writs y^i" election Avere
!¦ .A.nswci's Id eni|iiii'ics tihnui New Yiirk, A]!i'il 16. 16Vs
•2 'Thi' hiinililciietili.in iiCthe C.niiiril dl'lhc ri-.^ince, tbe Aldermen ni
>:c\\- York, ami (if llic jiisl ii'i's. asscmlilcd al a sficcial Court of As-j,.c held
at the I'ity (if Nc\\- \'(.i L, Jnne '."I Iiisl." Signed "I'.v i.rdc-r. Jnbu ^Ve?t
Clerk cjf Assize'
:.'. "[iHtnictioiis ioi' ('nil fhomas OiMi,;,iii, Lt. and Govr. of New Yorke,
&o." -27 January, lOtiy.

1!)
issued, ami the .VssiMubly convinied, for l(\gislati\-e ])ur-
[lose-;. 17th Octnber, IdS:!,'- —seventeen years afler the
dale of the alleged popular Assembly of Delcgales at
Hempstead, where, it is assertctl, this identical jirivi-
lege had been exercised by the people ; during whicii
period, also, — if the suppositions of Chalmers and oth
ers are correct — thc people Averc praying for a pri\-i-
lege ^A'hich thoy already enjoyed, and the Duke Avas
steadily opposing the grant of that which he had al
ready conceded. ./ For tliese reasons, ^Iv. President, —
and others Avhich 1 caunot uame at this time, — 1 am
constrained to difler from those who haA'e preceded me,
and to regard the "Duke's Laws ' as the edicts of an
absolute and arbitrary poAver ; the Instructions given
by the Duke to Goa\ Dongan as the first legal and tut
thorized concession of the Proprietor of the Colonv to
the popular demand for the right of self-government ;
and the Assembly of October, 168.3, as the first session
of the firf?t Assembly of the People in the Proviuce of
New York.
Nor am I less inclined to. dispute the title of the al
leged instrumentality, through Avhom this concession
was secured, than the time when it was effected. It is
a favorite theory, Mr. President, that the people on the
east end of Long Island Avere the steady opponents of
the despotism of the Proprietor of the Colouy and his
deputies ; and that to them the Colony Avas chiefly indebt
ed for the concession of the right of self-government. It
is true, as claimed, that on the first ofMarch, 166r), a
convention of delegates from each town on Long Isl
and assembled at Hempstead ; and that, at that time
and place, '-the Duke's Lctios" so called, were promul
gated; and it is, doubtless, also true that when Goa^
Dongan traveled through the Island, on his Avay to his
1 Smith's New York, I. p. 59.

to

20
government, in 168.'], he heard complaints and Avitness
ed great dissatisfaction txmong the people.^ But here,
so far as I have seen them, the record of their opposi
tion to the govermnent ceases, although their antipa
thy agaiust the Dutch in this city and neighborhood
finds frequent mention iu tlie pages of the archives.
On thc other hand, I submit that this Convention at
Hempstead AA^as composed of delegates who had been
.assembled, nominally, to settle the boundaries and
local diirerenccsAvhiel I existed between the toAvns on
Long Island, but really forthe convenience ofthe Gov
ernor in securing the allegiance of that people to the
Duke's government ; that it possessed no authority
Avhatever, except for thc local purposes for wdiich it
had been convened ;'' and, even ou that subject, its au
thority Avtis binding only Avithin the toAvns of Long Island,
from Avhich, alone, any delegates had 1 )een ordered or
sent ; that embracing the opportunity wdiich the occa
sion afforded — if that was not the real object of the
Convention^ — Gov. Nicholls there pnniruJgated the
Duke's Code, "by rirtue nf a Cninniissidi/ J'rnm Ilis
Biiyafl Highnes,?" / and that he never asked, and the
Convention ncA^er claimed, a Aa>te or ;iny other action

1 Address ofthe inhabitants of E.'isl Hampton Id Ccv. 1 longan, Sept. lU,
178:;. 2 "The good .sense of Nicolls induced him ti. r-.'ill together two ileimties
from every township, in order l<i setllc late coiit,ro\ crsics, to prevent new
oue.s." {Chalmers, ]). 'j77.) "llistoi-y declare- that tlic\ wcic called for
the s[iecial |uirpi)sc of settling the liimiidaric- nf towiishi]is, ihough that
probably was made the iH'clciice, whilst the real design of Xieolls was to
procnre a declarntiou of snbmissicui to his maslei-.'' [^[fiiij, j,. 57S.) "The
design of their meeting Avas to adjust the limits of their townships, for the
preserv.atioii of Ihc public peace." {.Smith'.'i History of Xeir Yorl; Ed.
lS2ii, I., p. 36.)
3 Chalmers, p. 57s.
4 Title of "Ihc Pith's Lairs.'' published March 1, 1665, aud repruited
in 17ie Collcclions of the Kew York, Historical Society, Vol. I., j>. 307.

21
ofthe delegates on that subject.^ 1 submit, also, that,
on thc stxnie day, tlu- sain(> (\)iiventioii — so far from
claiming a right to partici})aLe inthe eiiaelnieiits of ;iny
LaAVS, or in any other act of sell'-goverumcnt — '"mnst
hnnddy and thankfully acknoudcdged, fu Jiis Ii, IJ the
great tionour and sriti^ifucfinn fhcy rcccincd in tlieir de-
¦penitancv ujjon liis RoyaU Jl ighin:s,'< " ; and they
"piiblikcly and. unaninu.'Usly decfaml their rheei-full sub
mission to all such lau'cs, Sfa.fufes, and Ord.iiumres.
ichicli ivcre or should be made by lu'rfue of aufhurify
J'roni hint, his heires or successors, Jor c/jcr'f tind I
feel it ray duty to say, that I have fiiiled to find any
satisfiictory evidence of the existence of a different
sentiment, among the people of these towns, nn
til some time afterwards, Avhen the arbitrary measures
of the Duke's Government had forced them into a
similarity of action with that of their neighbors in
this city.' On the other hand, a large and
1 Some dissulisl'acLion havingbeen ex[ire.ssed by the consLiLuents ofthe
Delegates, a --Xtrralice aod Uniionsirann''' was issued liy soijie of them,
on the i I-l June, 1666, iu which a detailed slatenieiit is made of the pro
ceeding- uf thc Convention ; yet tiiere is not the lea-l possible allusion to
an c.vei'ci-e olaiiy ^«HC(r by lliose gentlemen who liad assembled at Hemp
stead. They .-ay "he" ( (i,,i:. Xii-idl.t) "had prepared a body of geueral laws
hereaffir In he ohsirced ; the ii'hich lie delirered to its^^' iV'c., that while they
'¦w/i/.v7(v/ ngainst some -.mik prnposeil other elaii.ses in the laws.'' tiikib
action -on Ihis suhject ceased there, and tfie tlnccroor "made sc'veral aiueuil-
menfs," with '¦assm'ances'' resiiccting future '•lenders' of "alterations,''
whicii might be made to the Sessions by the towns.
2 '-Address of the Deimtics assembled at Hemjistead, to liis Royal
Highness the Duke of York.''
3 Since this paper lixs been before the Society I havebeen favi.ired, by
my esteemed friend, Georgo Henry Moore, Esijr , with the perusal of
several interesting documents, conuected with tho early movements in the
towus ouLoiig Island; yet, uotwithstaudiug their value in other respects,
they do not su]iply sufficient evidence to convince me of the existeuce of
any error in this conclusion. It is true that some [lersous in the tiMviis re
ferred to wore dissatisfied with the action of the Delegates at Hempstead,
in March, 1665; and that, soon afterwards, they commenced an agitation
ofthe subject of their grievances ; but it is cquaUy truo that, in this respect

22
very influential party of Dutch, -in this city,
resenting the indignities Avhich had been heaped on
them, by the conquerors of the Colony, and smarting
under thc Avanton destruction of their bu.sine.ss Avith
their Fatherland, Avhich had beeu guaranteed to them
by thc Articles of Capitulation in 1664, openly and
boldly refused to give in their allegi r.icc to the King,
until the Covernor had given a Avrittcn guarantee,
over his hand and seal, of the reserved rights of the
people.^ Among the most obstinate of those Avho re
sisted, and one of the last Avho yielded, Avas Joannes <ie
Peyster, the acknoAvledged head of this influential
family ;^ Avhile others of the same people, Avho had
they were then but feeble imitatia's of the Burghers of the city of New
York, who, for some months, hadbeen engaged iu rcsi-ting the encroach
ments of the Government on the individual rights of the jieojilc of that
place; aud had not only bade defiance to the power of that Governnieiif.
but had, also, compelled it to yield, by comiilyiug with their reijiiirement-.
The one only prayed for the fulfilment of a. specific, bin disgraceful, .-igrce-
inent, by a successful ally ; the other vr/W.wc? obedience io the rcpiironienl,-^
of a eonij^ncror, when that obedience might bc c<insti'iicd into a surrender
of the'a- peculiar rif/hls — someof which {Art. L\'-.\I or Cn Copifnlntiom
were incousisteut vrith the fundamental laws of England : while, under
Art. XXI. of the same insLrument, there had been seemed to ihem the
piecidiar privilege of "oAoost/(y i'pjywi/c.'.-,'' who sliould have "(' ^//'ft roice
in all public a fairs, ns much as any other Dcjiuties," — and they t.)peiil,v
resisted his power, compelled him to yield to their demaiuls, and, ultimate
ly, secured, by special lei/islaiire enactiuent, the great priuciides for whieh
they had contended— even those which confiietod Avith the General Laws
of Great Ih'ilain.
1 I'roceeduigs of the IhLi'gomasters aud principal inhabitants of . New
York, at the Cily Hall, October 14, 16C4, which have been cojiied at length
on jiages J 3 and 14, note 2, of this work.
2 Mr. T>e Peyster was one of those who resolutely refused to take the
oath in (Jclober, 1G61, until Gov. NicoUs h.ad given a written guarantee of
the ri.ghts of the people, over his hand and seal ; {Vide /.unj, 14, „„;,¦. ^
and, iu 1675, he was one of the few who again refused obedience when
Gov. .Andros tendered a similar oath. ( Yide Memorials of Patch Iin roll
ers lo Cue. Andrus. mvW^^ The Slale.^-aeneral of Ifollmid. 16//(. Marcli.
I67"i.l

23
taken the oaths, Avere uot less disaffected to tht> gov^
ernment. In 16l!7, (-Joveviior Stuyvesant visited Eng
land; and, in behalf of his couutryineii iu New York,
in ()etober of that \'ear, he petitioned the Duke aud
the King for a ratilieation of the Articles o[' Capitula
tion — which had Ijccome the rent Mug no Charf a. of
^ew ) ork — and forthe redress of griextuices ;' in De
cember of the followiug year, OIIa'c Sliiyvestint ^'an
Cortlant, (ierritt Slickteuhorsl, Jticcpics ('oii:-seau.
Mathew Siernbergen, Nicholas Dr Meyer, ia'Yshert
Blankerts, Stoffell .hinsen, .Iohn .huiseii, Koster Van
Aken, Jticoh Schermerhorn, John A'an ]>aleii. Her
man Vedder, .hihn Martens. Adrian \';in llpmidon.
Jeronymus Ebbing, Mtirgarifa Phillipps, Janneli De
'Witt, His Ma" sworne subjects of the Dutch Nation,
Inhaliitants of Ncav '^'orke iu America, in behalfe of
themselves, and many more his Mit" Loyall snlijeets,
now I'esiileing in New Yorke," likcAvise j'ctitioued the
King for a remoA'al of impositions on their trade with
Holland;"^ and, iu 1669, the Corporation of this city,
also pleading the Articles of Capitulation, united in
petition to the Duke for the same comraercial pi-ivi
leges which other (.'olonies enjoyed.^ Tn K^SO, the

a

1 "SeveraU ProiiosaUs humbly to betendred'to his Iloyall Iligliiies
from Peter Stuyvesant, the lale thneruo'' of New Netlierlainls. in the
behalfe of biin-elfe, ct the Dutch Iuhabitauts there."
¦'To ye Kings most E.\-ceUt Ma"" & to \ o Rt lioblf yo Lords of hi-
Ma'' most ho'^'" Prinie (yiuucell. The humble Peticon of Pelci' Stuyve
sant, late (.iovoi'iio'' of y^ Citty aud ffort called Amsterdam and Gen
eraU of y" New Netherlands, for and in beh.alfe of lumselfe, and the
Dutch Nacoii, now Yo' Ma'^ subjects in New Yorke.'' -'Uead aud order
ed 23th Oct<ibor. '67."
2 "Petiiion of ()live Stiiy\esant Vau Cortlant ct others, couceruiug
sending a ship]) to New York," re.ad in Councill llth D"-, 166S.
3 ¦"The Humble petition of the Maior and Aldermeii of New Yorke. in
behalfe of rlieiiiselvcs and the IJest of the Inhabilaiits of Ibis place."

24
merchants of this city, the greater portion of whom
were Dutch, or of Dutch descent, refused to pay cus
toms Avhich had been imposed by the Duke's offi
cers ;' and they discharged their cargoes in defiance
of the Government,^ arrested and tried the Collector of
the Port, — Avho was also Mayor of the City, — and, Avhen
he challenged the jurisdiction of the Court, they sent
him to England for trial, on a charge of treason.' From
the Merchants of this city, thc disaffection extended to
others, in different parts of the Colony,^ and the Ptcv-
enues — that most vital part of the Duke's franchise —
were almost wholly cut off; while the authority ofthe
Courts, — so powerful was the opposition, — Avas openly
defied. Capt. Brockholes, the Duke's Receiver-Gen
eral, Avriting to Gov. Andros, Sept. 17, 1681, says.
"Nothing Avas paid in by any, aud though siuce I have
done what was possible to gett the E: .cise kept up. my
Endeavors therein have proved ineffectuall — the mer
chants takeing advantage of Courts who Beiug Scared
Refuse to Justifie and mainttuuc niy ord'rs.'' Vith
these fiicts I respectfully subrait the niiitter to the Soci
ety, Ijclieving that to the DuP-Ji ami the Jrcrcha}it,s of

I "The Bill Ibuud against Cajit. AVm. Dyre, and "The Proceedings
against Mr. Dyer, (.!ollect6r of the Port of New York."
2 Coloni.d Document.i, III., p. 2SU, note.
3 "Letter from the Court of Assizes, at New York, to the Secret, -irv of
State, 16S1." "Mr. AVm. Dyer's petition to the King," &c.
4 In no part of tlie Colouy was the opposition more strenuously main
tained than iu I'Ister (.'ouuty, where some of the most wealthy and iniluen
tial of the Dutch settlers peremiitorily declined to tako the oath as loie^ a-
they lived. Oneof these was, Tjercl Clays he Wilt, a magistrate, and the
possessor of large est.itcs, an ancestor of my friends C. .1. and E. De Witl
and Williani A.Dc AVitt, Escp-.s., lA New A'ork; aud his property was saved
fromcoulisi ation, after his decease, byhis eldest smi, who petitioned for.
and oblaineil. tiie )iri\ilege of faking the outh. which his father had so
(iteadily rejecled.

25
the city of Xcu- York — whose fidelity to the Capitula
tion, and who^e vigilant watchfulness in the cause of
Freedom, at that early day, never ftillered — the Colony
is indebted for its first po})ular Assembly, and the
country for many of the most substantial blessings,
consequent on that concession, Avhich it now enjoys.
It has been well said, recenti}', in this conucctiou, by a
learned historian of New York, ^ that "the resistance of
fered, thus early, fty the Alerchants ol' New A'ork, to
Tfuritioji withoid Represeutatiun. led to the intro
duction, soon tifter, of a representative form of
government into the Province" ; and he might have
added, Avith equal propriety, that that measure Avas
immediately hastened by the action of the Court of
Assizes — six of the Judges of Avhicli, in ad
dition to the body of the Grand Jurors, Avere also
Merchants of the eity if Jscio York."
1 Dr. E. B. O'Callaghan, in his note to "The Bill found .against Capt.
Wm. Dyre." {Colonial Pucutnents of Xew Yorl; III„ p. 28!l.)
2 Ou the2yth of .Iiuie, 1681, "the council of the province, the alder
men of New York, and the justices assembled at a special court of as
size, held in the city of New York," humbly petitioned the Duke, on a
pre-^cntnicnt uf the Croud .Tary, who had "therein represented the great
pressure and lamentable condition of His Majesty s subjects in this your
Koyal Highness' Colon}-, and also jir&unting, for the only remedy and
ease of those burdens, that an assembly of the jieople may be established
by a free choice ofthe freeholders imd inhabitants of this your, Koyal
Highnes-' Colony'' ; aud tlie Court, finding itself "encouraged and obliged
to concur with the said gra.ncl inrpuest, and in all submissive manner to
prostrate ourselves at your Koyal Highness' feet, and represent the miser
able and deplorable condition of the inhabitants of this your Koyal Highness'
Colony, who, for mauy years past, have groaned under inexpressible bur
dens by lun'ing an arbitrary and absolute po-wer u.sed and exercised over
us, by which a yearly re\eiuie is exa<'ted from us against our wills, and
trade grievoiLsly burdened with undue and unusual customs, imiiosed ou
the merchandise without our consent ; pur liberty and freedom enthralled,
and the inhabitants wholly shut out and dejirircd. of anv share, tote or
Interest in. thc (rOcernmen t, tu thCw great discouragement, and coutrary
to the laws, rights, liberties, aud privileges of the subject, so that we are

26
I'he .priA^ilege of a popular Assembly, which had
been secured to the people ofthe (^'olony, after a strug
gle of twenty years, Avas enjoyed but for a very limited
period. In February, 1685, the Duke ascended the
throne, as the succcs,sor of his brothi.'r, CharlesH ; and
on the 2!Jth M:iy, 1686, Governor Dongan Avas instruct
ed to declare the Bill of Privileges, under Avhich the
Assembly was then held, "Ibcpcaled, deterrained, &
made void,"' — the sole power of legislation beiug.
thereby, transferred from the Assembly of the People
to thc Governor and Council. (.)tlier measures, equally
oppressive, were ordered at the sarae time — the reve
nues being placed under the unliraited control of
tJie Governor f uo taxes or imposts could be red need ;'
no schoolmaster could keep school, unless he had re
ceived a license from the Archfiisliop of Cunterbury ;^
no printing press could be kept for printing, ¦•uoi-
any bool':, pamphlet, or other matters Avhatsoever 1 u^e
printed without the Goveruor's csjiccial leave & li:
cense first obtained,"^ "thus establishing a real tyranny."
as Chalmers observes," "aud dcj^riviug the ohjeet.- of
it of the most poAverful means of rendering it odiou.s
in the sight of mankind, and, consequently, le.'-s perma
nent. Thus," he continues, "deprived ofan Assemblv,
was New York unhappily reduced, once more, to the
condition of a conquered province."
esteemed as nothing, and have becomea i'e]>roacli lothe ueiglibor-in other
his majesty's colonies," etc, "which iieeessilales us, iu behalf of thi- your
Royal Highness' (Vilony, to become humble .suppliants and suitois to your
Royal Higlmes.s, jirayiug," iVc.
1 Instructions to (iov. Dongan, ¦J'.ltb May, liisii. .section \2.
3 Ibid, .section 20.
;! Ibid, section 2:;.
4 Ibid, section, oS.
5 Ibid, section 65.
6 Political .Annals, p. 5oS.

27
In liiS9, in the exe'reise of those gi eat fundamental
privileges which liave heen sii gniphically described
by ^Ir. .rcH'erst.m, in the introduction to the Declaration
of IndcptMidcncc, and hy (he grace of God, rather thau
by that oi' thc King, thepco].ile of Xew York summarily
dismissed, the roxal government ofLieutenant-Covcrnor
Nicholson, and instituted anew oue, under the leader
ship of ;i respectable raerchant, ntiraed J ticob Leisler.'
When it is borne in raind that the Cohmy had l^cen
governed, during thc jjreceding four years, under the
instructions which the Duke had given to Governor
Dongan, to whieh I have referred; and that the Lieu-
teuanl-(!overnor. a few days before, had been heard to
assert "that the people of Ncav York Avtis a conquered
peojilc, without claim to the rights of Englishmen ; and
that the Prince raight laAvfuUy govern the Colony l.)y
his own will, and tippoint Avhat laws he pleased," the
f'ausc and the purposes of this local revolution Avill be
understood; and the character of Ncav AA'ork, and her
progress in the development of the political rights of
her people, can also, therefrom, be readily determined.
In 1691, still anxious to secure to the people, under
William and Mary, Avhat James had refused to ratifj^
the Assembly passed "An Act declaring Avhat are the
Rights and Priviledges of their Majesties' Subjects inhab
iting Avithin their Province of Ncav York,"^ among
which Avas the declaration —
"Thatthe supream Legislative PoAver aud Authority.
under their Majesties, William aid Mary, King and
Queen of England, tfr, shall forever be and reside in

1 rimith's New York, I., pp. SU-'J7; Documents on the subject in
the Documentary History of New York, Vol. II.
2 .Journal of the General Asseiiil)l\ of New A'ork. Die MarliK '2 ho.
P.M, -AprU 2S, 16<J1.

28
a Governor in Chief and Council appointed by then-
Majesties, their Heirs and Successors ; and the People,
by their Representatives, met and conven'd in General
Assembly"; and another, providing 'That no Aid,
Tax, Talliage or Custom, Lotin, Benevolence. Gift,
Excise, Duty or Imposition whatsoever, shall be laid.
assessed, imposed, levyed or required of or on any of
their iMtijcsties' Subjects within this Province, d'c. or
on their Estates, upou any raanner of Colour or Pre
tence whatsoever, but by the Act and Consent of the
Governor and Council, . and Represent.atives of the
People in General Assembly met and convened-"'
In terras such as these, the most loyal of the
people of Ncav York, as early as 1691, maintain
ed the great princijDles of 1765 and of 1776'; but their
Majesties — like their tyrannical predecessors — Avitness
ed every encroiichment on their prerogative with alarm,
and the Act wtrs vetoed^ — again destroying the young
bud of freedom, but still leaving "the root ofthe mat
ter," deeply seated, in the breasts of the pcLiph.'.
In 1704, the unprincipled Lord Cornbury renewed
the strife on the part of Queen Anne, by dechiring that
he "knew of no rights which thc Assembly ]»o.^se.'ssed,
as such, but such ;is the Queen w;is pleased to tillow
it";^ and thc Assembly Avas not liackward in resenting
the insult.^ Knowing the unprincipled avarice and the
dishonest practices of the Governor, in his propeiisitv

1 The Laws of Her Majesties Colony of New York ; Jiradfinrs Edit..
N. Y., 1710, pp. '2, 8.
2 Laws of New A^ork, from the year 16'Jl to 1751. (Livim^ston &¦
Smith's Ed., N. Y., 1752.) ]'. 5.
:! Sjieech of Lord Cornbury in the .Tournals id' the (ieueral .Assemblv of
New A'ork, ])ii doris. \) h. A. M.. June 1, 17a5.
4 Address of the General Assembly lo the Governiir, in tlie .Tournals
of tiie General Assembly, ]>ie Juris, !l ho. J. J/., .fune s, 17iM.

29
for plunder, rhe purse-strings of th(> Colony Averc also
draAvn tighter than ever ;' and, ibr the extraordinary
supplies AAdiich Avere votcd in the following yctir,^ a
special treasurer, who was responsible only lo fhe
Asstnnbly, Avas appointed at the same time,"' and tif-
terAA'ards secured by royal concession. ''
In 1707, when Francis Makemie tind John Hampton,
two Presbyterian rainisters, Avei'e arrested for preaching
without a license from the Governor, and justified them
selves under the Englksh laAv, known -as "the Act of
Toleration", they Avere told that the provisions of that
Aet were limited to England ; that thc Queen's ecclesi
astical authority, in the Colonies, Avas supreme ; and
that it had been delegated by her to the Governor,
whose license had uot lieen obtained, either for the
preachers or the housc in which they had ministered.
Hampton Avas liberated before trial ; but the case of
MakiMiiie w;is submitted to a jui'y ofthe people, Avhen
the laAV as well as the fact Avas adjudicatinl, and the
prisoner act [uitted, in defiance ofthe ecclesiastical pre
tensions of the Governor and the Queen, and in conso
nance AAdth that "freedom of conscience," Avhich had,
from the Ciirliest day.s, been the privilege of eveiy resi
dent ofthe Colon}'.'*
1 The Iiouse steadUy refused to allow the Council to interfere with, or
aMerid, any "Aloney Kills." (Journal of thc Assembly, Jnne 10 and June
15, 1704.)
2 -lonrual of the General Assembly, -Tune 15 and .Tune IS, 1705.
3 Journal of the General Assembly, -June 20, 1705. It ajqiears that the
Trea.surer, thus appointed, was Col. Abraham de Peyster, the eldest son
of Joannes de Pey.ster.
4 S2ieech rif fjird Cornbury in the .Journ.al of the General Assembly,
Die Veneris, 11 ho. A. M,. Sept. 27, 1706.
o A Narrative of a N'ew and Unusual American Imprisonment of Two
Presbyterian Ministers, and Prosecution of Mr. Erancis Makemie, one af
them, for preaching one sermon in the city of New York. Reprinted
N. Y., 1753, pp, 52.

:!() .
In 1708 the Asserably refused to continue the sup
plies, in consequence of the frauds which had been
comraitted by Lord Corubui-}';' and, among other re
solutions and bills, it received a report from ;i special
committee on (Grievances, andtipproved the resolutions
Avhich the committee had recommended.- The terms
of these resolutions bespeak the spi'rit of the people not
less than that of their representatives ; and, as Avill be
seen, they proposed a line of action Avhicli, CA'cn under
a republican government, has not been carried out
until a recent date. These are the words : "Resolved •
That it is the Opinion of this Committee, That the ap
pointing Coroners in this Colony, without their being
qhosen by the People, is a Grievance, and contraiy to
Law. Resolved : That it is, and always has been, the
unquestionable Right of every Freeman in this Colon}'.
that he hath a perfect and entire Property in his goods
and Estate. Resolred : That the Imposing and LcAying
of any Monies upon his Majesty's Subjects of this CoIoua',
under any Pretence or Colour Avhatsoevi'r, without Con
sent in General Assembly, is a GrieA'ance and a Viola
tion of the People's Property. Resolred : That for any
Officer Avhatsoever, to extort from the People t^xtrava-
gant and unlimitted Fees, or any j\Ionies Avhatsoever, not
positively established tind regulated by Consent in
General Assembly, is unreasonable and unlaAvful, a' great
Grievance, and tending to the utter Destruction of all
Property in this Plantation. Res(dred: That the erect
ing a Court of Equity, without consent in Genertil As
sembly, is contrary to Law, Avithout Precedent, and ol'
dangerous Consequence to thcLibm-ty trnd Proper! ies of
the Subjects. Resolred : Thatthe raising of .Monies for
1 Journal of tiie (ieneral Asseinhly t Edit. 17ill.) pp. 2IS-2.'1S : Smith':?
New York, (Ed, 1829,) I. ji. 165.
2 Journal of tho Geueral Assembly, JCc ^ahhutii. 8 ho A. M St„t
11, 1708. . " / '

;ii
t!ie Sup])ort of (loviM'timent, or other necessary
Charge, by any 'fax. Impost or burthen on Coods
imported or exported, or any Clog or Hindrance
on Traflic or Coramerce, is found, by Experieuce,
to be the Expulsion of many, ;tud the Impover
ishing of the rest ol' the Planters, Freeholders,
and inhabitants of this Colony; of raost pernicious
Consequence, which, if continued, Avill unavoidably proA'e
the Di.'struction of tho (.'olony. Re.solred : That the ex
cessive Sums of Money r(;ceived from Masters of Vessels
trading here, under tlu^ Notion of Port Charges, visit
ing the said A'e.sstds by supernumerary Officers, and
taking extraordinary Fees, is the great Discouragement
of Trade and Straiig(?i's coming amongst us, beyond the
Precedent of any other Port,andAvithout Colour of Law.
Resnlvcd : That the compelling any ^^lan cleared upon
Trial by Jury, or otherwise, to pay any Fees for his
Prosecution, or anything Avhatsoever, unless the Fees
t the Officers Avhom he emplo}'s for his necessary
Defence, is a great fh'ievance, and contrary to Jus
tice.'' In the foUoAvdng year (1709), Lord Lovelace rencAved
the attempt to secure the unlimited control of the rev
enue, and to j3lace the power of levying taxes beyond
the interference of the Assembly.' The latter body,
true to the principles involved in the second, third,
and fourth resolutions of the preceding year, positively
declined to comply Avith the requisition ; and, at the
same time, in defiance of the governraent, it authorized
the collection of £2500 only, and appropriated every
penny of it, by special provision, for specified ob-

1 Lord Lovelace's Speech. (Journal of the General Assembly, Bie
Jovis, 9 ho. A. M., April 7, 1709.j

O

jects.' By this unusual and tiggrc^ssivt? tict, the Assem
bly, in behalf of the people, held il controlling influence
over the royal government, in the same manner and to
the sarae extent that the House of Coraraons docs in
the government ofEngland; and (,'stablished, practi
cally — and in direct conflict Avith the rights of the con
queror over the persons and estates of the A'anquish-
ed — that, so far as the internal affairs of Ncav A'ork
Avere concerned, there should be ";?o tuj-ation /cithnut
representation." Defeated in this, the next tittempt w;ts made in a
more insidious and indirect inanner ; and in Noa*. 1711,
the Council, claiming the right to participate in all classes
of legislation, was made the chosen instrument of the
government for that purpose. AVith the assertion that
it was "a Part of the Legislature, constituted, as the As
sembly Avas, by the mere Grace of the CroAvn," the
Council claimed the I'ight to make amendments to the
revenue-bills,^ by which means a check would have been
placed on the action of the Assembly, in its assaults
on the prerogatives of the CroAvn or the tiuthorit}' of
the Governor. But the Assembly Avas not slo^^', either
in discovering the dangerous devici', or in resenting,
Avith proper spirit, the attempted interference with the
property of the people. " 'Tis true," were its spirited
Avords,^ "the Share the Council have (if any) in the
Legislation, does not floAV from any Title they have, from
the Nature of that Board, which is only to advise ; or
from their being another distinct Stale, or Rank of Peo
ple in the Constitution, Avhich thev are not, being all

1 Journal of tiie General Assemblv, Jlii Jnri.s, !l ho I 1/ 1/,,,/ 5
709. ¦ ¦'•-./.
2 Journal of the Geueral Assembly, JU<- \'eucris, :! ho. 1>. M. March
16, 1711.
3 Journal of the General Assembly, i>i'( ¦'^abbatti, Who A V Xor
17, 1711.

33
Commons ; but only from the mere Pleasure of the
Prince, signified in the Coramission. On the contrary,
the inherent Right the Assembly have to dispose of the
Money of the Freemen of this Colony, does not pro
ceed from any Commission, Letters Patent, or other
th-ant from the CroAvn ; but from the free Choice and
Klection of the People, who ought not to be Divested
of their Property, (nor justly can,) without their Con
sent. Any former Condescensions of other Assemblies
Avill 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 Plan
tations did conceive no Reason why the Council should
not have Right to araend 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 Prejudice." Without occupying the
time of the Society by noticing the constantly recurring
attempts of the Government, during the succeeding
twenty years, to regain the prerogatives which had
been seized by the people and the Assembly, I beg to
invite its attention to a circumstance which occurred in
August, 1733, and produced more important results
than any which preceded it, either in this or any other
Colony. At that time. Governor Cosby, in the exercise
of the authority which, although dormant, had never
been surrendered, — the authority of the victor over
the vanquished, — removed Chief Justice Morris, without
impeachment or trial, and advanced Mr. James DeLancey,
a more consistent friend of the government to the vacant
seat.' This flagrant violation of the rights of the Judi
ciary and of the people, was too palpable an attempt to
1 Book of Commissions, {Sec. of State's Office) 3, folio 272.
%

34
restore the old order of affairs, to be allowed to pass
Avithout notice ; and both the parties into Avhich the
Colony had been divided, and all the energies which,
for several years, had been held in check, were, at once,
aroused into complete action. All the grievances of
the preceding sixty years Avere brought into judgment ;
all the passions and prejudices and malignance of spirit
— the more pungent frora their temporary repose — were
called into requisition ; the columns of the press teemed
with essays and labored arguments to prove or to dis
prove the illegality of the removal ; and a conflict was
commenced, between the people and the government,
which Avas continued, without ceasing, but with greater
or lesser violence, untd the Treaty of Ghent, on the
24th December, 1814, confirmed the entire separation
of the contestants, not only in New A'ork, but, also,
within the boundaries of those twelve Colonies, whose
"chartered privileges" had been so often spoken of by
the people, and so little respected by the Government.
As, in October, 1642, the New Netherlands had
granted a home, with "freedom to worship God,'' to
the persecuted Sectaries of Massachusetts;' so, in
1709-10, the Colony of New A'ork had given shelter to
the fugitive Palatines Avho had fled from the persecu
tions of the French in German}-.^ One of these, a pen
niless lad of thirteen years, ^ the eldest son of a friend
less widoAA^,Svas apprenticed, by the public authorities,
on the twenty-sixth of October, 1710, to Villiam Brad-

1 O Callaghan's New Netherlands, I, p, 258; Bolton's AVestehester, ii.,
pp. l'i5-7, and tiie documents contained therein.
2 Order of Councill for Naturalizius' aud sending certain Palatines to
New York, 10th May, 1708 ; Afinutes of Provincial ConneU, l:i, 16, aud
17 June, 1710.
3 List of the P.alatines remaining; at New York, 1710.
¦1 In the list last referred to appear the names, ".Iohanna Zaiiu'eriu, wid.
ago 33; John Peter, 18; .Tohannes, 7; Anna Catharina, 10.

35
ford, a respectable printer in this city,' Avho had "entered
into an Instrument in Writeing," with Dr. Staats and
Rip Van Dam, Avho Avere the committee for that pur
pose, "to Cloath, Victuall, and use him Avell, and to de
liver him to the Government Avhen called for."^ Little
did William Bradford, his paper-capped journeymen,
or his black-faced apprentices, suppose that the father
less foreigner — a refugee and a pauper-— with his home
ly apparel and his broken English, was the chosen in
strument in the hands of an over-ruling Providence, for
the establishment of a free Colonial Press ; and, as little
did they suppose that for him had been reserved the
honor of giving an impulse to the mighty political
revolution — which, even at that day, was gathering its
strength — -before Avhose Bieaven-born power the cor
ruption of Courts and the tyranny of Kings would be
ground into powder. But so it was. Diligently serv
ing his master for four years, ^ he passed through the
drudgery of "the chapel," from the lowest to the high
est grade ; and when the term of his service had ex
pired — a partnership Avith his master having been offer
ed and accepted — the imprint of "Bradford and Zenger"
bore testimony to the . integrity of the friendless Pala
tine.* In due course of time, the means which Avere

1 Among the "names of the Palatine children apprenticed by Got.
Hunter, 1710-1714,"appears the following: "1710, Oct. 26, John Peter
Zenger ; Age 13 ; Parent, Widw. Hanah Zenger ; Boimd to Wm. Brad
ford, Printer, N. Y."
2 "Order for apprenticing the Palatine Children." In Council, June
20, 1710. •
3 By an Order of CounoU, July 27, 1710, the Boys were directed to bo
bound until the age of 17, and the Girls till they reach 15.
4 The imprint of "Bradford and Zenger" appears on the title of a copy
of "Klagte van Eeinge Leeden der Nederduytse Hervormdo Kerk,
woonede op Earetans, &c,, in de Provincie van Nieu-Jersey, in Noord-

36
requisite to establish an independent office had been
the reward of Zenger's industry; and when, in 1733,
the despotic removal of the Chief Justice of the Colony
had aroused the energies of the people of New York,
"The New York Weekly Journal, containing the fresh
est advices, foveig'n and domestic." became the acknow
ledged organ of the popular party. With the charac
ter of this paper, — sustained, as it was, by the pens of
Chief-Justice Morris, James Alexander, William Smith,
Senr., and other intellectual giants; with the eftect of
its strictures on the Government ; Avith the seizure and
imprisonment of Zenger ; with the arbitrary erasure of
the names of his Counsel from the rolls of the Court ;
with the trial and acquittal of the prisoner ; with the
exultation with which the people, led by the Corpora
tion of the city of New York,' received the intelligence
America, onder de Kroon von Groot Brittanje, over het gedrag Aldaar on
Elders, van Do. Theodorus Jacobus Erilinghuisen, met syn Kerken-Eaaden,
ten Antwoord op hune Ban-Dreygende Daag Brieven, «fcc. ; aan Alle
Lief bobbers der AYaarheyd, ter onderoek, voorgesteld Hoe Die Gegrond
zyn, of Niet ; met een Noodige Voor, Eeeden tot opheldering van de
Klagte nytgegeven Door de Gevorlmagigden der Gemelde Leeden. — Te
Nieu- York, Gedrukte bij AViUem Bradford en J. Peter Zenger. 17i5."
Tra-nslatio-n. — The Compi.ais"t of certain members of the Dutch Eeform
ed Church, residing at Raritan, &c., in the Province of New-Jersey, in
North America, under the Crown of Great Britain, concerning the conduct,
there and elsewhere, of Domini Theodore Jacob Frilinghuisen, with his
Consistory. In answer to their threatening judicial letters. Presented to
all the lovers of truth, for investigation, whetiier they .are well grounded or
not ; with a Preface necessary to the elucidation of the Complaint. Pub
lished by a Committee of tho menibers named, — New Y'ork : Printed bv
AVilliam Bradford and J. Peter Zenger. 1725.
This book is now owned by B. J. Lossing, Esq., of Poughkeepsie, N. Y.
1 The proceedings ofthe Common CouncU of this city, on the occasion
of Zenger's acquittal, have boen so often refcrred to, that a more extended
notice may be considered unnecessary. As the documents have never
been printed, howe\'er ; and as they confirm what I have said respecting
tho radical sentiments which ])re;'ailed in Xew Ycu'k, I have, throuo-h the
courtesy of my friend, D. T. A'nlontine, Esq., the venerable Clerk of the
tlomraon CounoU, proour(>d certified co]>ios of (hem to iUustrate my subject.

37
of this victory of freemen ; and Avith the great political
revolution Avhich it produced, every intelligent New-
Yorker is familiar ; and the time of the Society need
not be taken to repeat the well-known story.
"Att a Common CouncU held at the City HaU, ofthe said City, on
Tuesday the ICth day of September, Anno Dom. 1735 :
" Okdered, That Andrew Hamilton, Esqr, of Philadelphia, Barrister at
Law, be presented with the Freedom of tiiis Corporation ; and that Alder
man Bayard, Alderman Johnson and Alderman FeU be a Committee to
bring iu a Draught thereof,
'¦ Att a Common Couucil held at the City Hall of the said City, on
Mond.ay the Twenty Ninth day of September, being -Jie feast day of St.
AIichael the Archangeli, Anno Dom. 1735 :
"Stephen Bayard, Simon Johnson & Christopher Fell, Esqrs., Aldermen,
to whom it was referred to prepare tho Draught of the Freedom of this
Corporation, to be presented to Andrew Hamilton, Esqr., make their He-
port thereon in the words following (to witt), that they have prepared the
form of the Grant to the said Andrew Hamilton, Esqr., of the Freedom of
the City of New York in these words (to witt) :
City of )
NewYork,ssj PA"nL Eiciiakd, Esqr., Mayor ; the Eecorder, Aldermen and
Assistants of the City of New York, Convened in Common Council —
To all whom these Presents shall Come, — Send Greeting :
Whereas Honour is the first Seward of Vertue, and Publick Benefitts de
mand A Public Acknowledgment, AVe therefore, under A Grateful! Sense
of the Eemarkable Service done to the Inhabitants of this City and Col
ony by Andrew Hamilton, Esq., of Pensilvania, Barrister at Law, by liis
Leai^ned and Generous defence of the Sights of Manhind a7id the Liberty
of the Press, in the Case of John Peter Zenger, lately tryed on an In
formation Exhibited in the Supream Court of this Colony, do by these
presents bear to the said Andrew Hamilton, Esq., the Public thanks of
the Freemen of this Corporation, for that Signal Service which he Cheer
fuUy undertook under great Indisposition of body and Generously perform
ed. Refusing any ffee or Reward, And in Testimony of our Great Esteem
for his Person and Sense of his' Merit, do hereby present him with the
Freedom of this Corporation. These are therefore to Certifie and declare
that the said Andrew Hamilton, Esqr., is hereby Admitted, Rewarded and
allowed A Freeman and Citizen of the said City. To Have, Hold, Enjoy
and Partake of all the Benefitts, Liberties, Privileges, Freedoms and Immu
nities whatsoever Granted or Belonging to A Freeman and Citizen of the
Same City.
In Testimony whereof the Common CouncU of the said City, in Common
Council Assembled, have Caused the seal of the said City to be hereunto

38
My object in thus noticing the progress of the oppo
sition in the earlier history of the Colony, and the trial
of Zenger, has been to remind the Society of the char
acter and temper of the people among whom the Amer
ican Revolution originated, and was sustained, in its
earliest stages. Accustomed to the daily taunts that
they had no rights but those which the King, as their
conqueror, had pleased to give them — although sur
rounded by other Colonies, where "the rights of Eng
lishmen" had been guaranteed to the inhabitants by
"royal charters" — the people of New York had fallen
back on the great first principles of government, and,
single-handed, had battled manfully for their funcla-
afiBxed, this Twenty-ninth day of September, Anno Domini, One thousand
Seven hundred and thirty-five. By Order of the Common Council,
WILL. SHARPAS. Clerk.
And we do furtiier Eeport that Sundry of the Members of this Corpo
ration and Gentlemen of this City, have VoluntarUy Contributed Sufiicient
for a Gold Box of five Ounces .and a half, for Inclosing the Seal ofthe Said
Freedom, upon the Lid of whicii -we are of Opinion Should be Engraved
the Arms of the City of New York. AVittness onr h.ands this tweiitv-
Ninth day of September, 1735. STEPEN BAYARD,
S. JOHNSON,
CHRISTOPHER FELL.
Which Report is Approved by this Court, and Ordered that the Free
dom andBox be forthwith made Pursuant to the Said Report and tliat
Mr, Sharpas, the Common Clerk of this City, do affix the Seal, to the Same
Freedom, and inclose it in the Said Box.
Mr. Alderman Bayard going to Philadelphia, .and Offering to be the
Bearer of the Said Freedom to Mr. Hamilton, Ordered, that Mr. Sharpas
deliver it to Alderman Bayard for that purpose, and that Alderm.au Bav-
ard do deliver it to Mr. Hamilton with Assurances of the Great Esteem
that this Corporation have for his Person and ^Merits.''
-Xew Yorl; May 25, 1S59.
I do hereby certify the foregoing to be true extracts from the Minutes
of the Common Council .at tho dates above gi\en.
D. T. A'ALEN'riNE, Clk. C. C.

39
mental rights as men, and as members of the body
politic. For nearly -seventy years this constant agita
tion had been continued ; and every New Yorker, from
his birth, had grown up amidst a race of politicians,
and become familiar not only with the theory of gov
ernment, but with the greatest part of the outrages
committed by the officers of the CroAvu. The libera
tion of the press, on the acquittal of Zenger, immedi
ately increased the supply of political information ;
and, as quickly, every citizen becanie, if possible, more
completely a politician. A royalist Avriter,^ speaking
of those times, informs us that "the scribblers of the
day grcAvmore wanton than ever"; and that "the con
tending parties left no stone unturned to gratify their
revenge." With Chief Justice Morris and the venera
ble Rip Van Dam, with James Alexander and William
Smith, Senior, at the head of one party, and Governor
Cosby and Chief Justice Delaney at the head of the
other, eaeh actuated by the most malignant feelings, it
need not be Avondered at that the strife was marked
with unusual ability and relentless fury.
The death of the Governor, in 1736, and the rival
claims of Messrs. Clarke and Rip Van Dam, to the
right of succession, did not, in the least, allay the
strife or quiet the people ; and when the former gen
tleman withdrew to the fort, an intelligent and deter
mined party rallied around the latter, with a full de
termination to meet force with force.^ The recogni-

1 Smith's New York, IL, (Ed. 1829) p. 23.
2 President Clarke to the Lords of Trade,. New York, March 16, 1736 ;
Rip Van Dam to President Clarke, March 11, 1736 ; President Clarke to
Duke of Newcastle, and to Rt. Hon. Horace Walpole, March 16, 1736 ;
Smith's NewYork, (Ed. 1829) IL, pp. 26-30.

40
tion ofthe former, by the Home Government,' which
reached New York on the day before the intended as
sault on the fort,' settled the dispute concerning rank,
without reconciling the parties on other subjects ; and,
with well-defined principles on the part of both, the
strife, although modified, still continued.
With rival presses, laden with the elaborate essays
of that period, each struggled for the mastery among
the people, until 1744, when the influence ofthe popu
lar party had become so great that another important
concession was yielded by the Governor. On the 14th
September, of that year, the Judiciary was relieved
from its dependence upon the Government by the
withdrawal of Chief Justice Delancy's Commission,
which he had before held "during the pleasure of the
King," and by the issue of a new one, to be held "dur
ing his good behavior."^
This first fruit of the freedom of the Colonial Press
gave fresh courage to the people, and, from that time/
an organized opposition to the Crown — without a spe
cific title in the beginning, but, afterwards, well
known as "The Sons of Liberty," or, more familiarly

1 Commission of George Clarke, as Lieuten.ant-Goveriior of New York ;
signed "Oaeoline R. 0. R." and dated July 13, 1786.
2 President OLarke to the Lords of Trade, New York, Oct. 18. 173(i.
The samo to the Duko of Newcastle, New York, Nov. 23, 1736. Lieut.
Gov. Clarke to tiie Lords of Trade, Nov. 27, 1730. Smith's New Ycu-k,
(Ed. 1829) IL, pp. 30-32,
3. Delancy's Life of Delanoy.
4 "After Mr. Delaney had, by cajoling ilr. Clinton, received the Com
mission of Chief Justice during good behavior, the I^-o Cession of the Law
entered into an Association, the efi'ects of whieh, I believe, your Lord
ship had formerly opportunity of observing in some striking instances.
They proposed nothing less," &c. — Letter of Lieut. Cur. Colden to the
.Earl of Halifu; 22 Feb., 1765,/roTO his J/.s'. Letter Hook, {Colden Collec
tions) in the Xew York Historical .Society's Library.

41
as "The Liberty Boys," — was maintained and kept in
operation. Sustained, in the beginning, by the great
abilities of James Alexander and William Smith, it was
not long before the younger members of the bar, —
especially William Livingston, John Morin Scott, and
William Smith, Jr., — occupied their places, and carried
out their designs. In the language of Gov. Colden,
Avritten nearly tAventy years afterAvards,^ they "proposed^
nothing less to themselves than to obtain the direction ,
of all the measures of the Government, by making/
themseh-es absolutely necessary to every Governor, inf
assisting him Avhen he complied with their measures, ¦
and by distressing him when he did otherwise. For
this purpose," he continues, "every method was em
ployed to aggrandize the power ofthe Assembly, where
the profession of the Law must always have great in
fluence over the members, and to lessen the authority
and infiuence of the Governor."
In 1744, the first proposition to tax the Colonies by
means of Stamjjed Paper, Avas made by an aspiring
New York politician — Lieutenant-Governor Clarke —
"in order to obtain the appointment of the Commis
sioner for Stamps in America, as Avell as the inferior
officers under him. "^ But Governor Clinton, Avriting to
the Duke of NeAvcastle, on the 13th of December, of
that year, involuntarily describes the character and
spirit of the people among whom he lived, and ex
pressed his doubts of the expediency of the proposed
measure. After referring to the subject generally, he
says: "The People in North America are quite stran
gers to any duty, but such as they raise themselves, and
was such a scheim to take place without their know-
1 Letter to Earl of Halifax, Feb. 22, 1765.
3 Go\'. Clinton to Duke of Newcastle, New York, 13 Dec. 1744.

42
ledge it might prove a dangerous consequence to His
Majesty's interest." This appears to have been the
last of the proposed measure, until it was revived, in
1765 ; Avhen New York, as we shall presently see, justi
fied the Avarning Avhich Governor Clinton had given to
the Government, nearly tAventy years before.^

1 The origin of the movement pro"\'iding for a taxation ofthe Colonies,
by means of a Stamp Act has been the subject of a protracted discussion.
AA''ithout claiming more for the representatives of the King, in New York,
than they merit, it may not be improper to call attention to the fact that
as early as April, 1734, Gov. Cosby informed the Assembly that bethought
"a Duty upon Paper to be lised in the Law, and in all Conveyances and
Deeds of every Denomination, might, if rightly managed, bring a consid
erable Sum of Money, yearly, to the Treasury," and proposed it "as an
cvperiment." {Journal of the Assembly, Die Jovis, 4 ho. D. M., Ajd. 25,
1734.) The Assembly did not adopt the measm-e ; yet it appears the idea
was not lost sight of In 1744, Lieut. Gov. Clarke "showed two printed
soheimes" to Gov. Clinton, as referred to in the text, one of which was
"Proposals for establishing, by act of Parliament, dutys upon starap pa
pers and parchment in all the British and American Colonys,"' in which
Gov. Clinton said he w.as "apt to think Mr. Clarke was concerned, iu order
to obtain the appointment ofthe Commissioner for Stamps," ifcc, althontrh
the Lieutenant-governor said they "were sent him from England." {Let
ter of Gov. Clinton to Duke of Xewcasth; Xew York. Dec. 13, 1744.) In
August, 1755, Lieutenant-governor Delaney invited the attention of the
Assembly to the defeat of Gen. Braddock .and the consequent expcisure of
the Colony to the inroads of the French and Indians, and to the necessi
ties of the Provincial Troops who were then in the fleld, as well as that
ofthe new force whioh might be caUed for ; and he suggested, ainong other
sources of a revenue, "a Stamp Duty," which would "be so difi'used .as to
be, in a Manner, insensible." (Lieut. Cor. Delancy's Message, ^i.-<scmhly
Journal, Aug. 6, 1755.) In October, 1756, the Assembly, amom; other
means of raising a revenue, "Ordered That a Bill be broucht in for
erecting .and establishing a Stamp Office in this Colony, for stampinn; all
Vellum, Parchment, and Paper, which shall be charged \\-ith the Pavment
of a Duty ; and that Col. Beekman and Mr. A^erplanck prepare and bring
in the same." {Journal, Oct. n, 1756.) After a protracted consideration
on the 23d October, the hill passed the Iiouse, and was sent to tiie Coun
cU (,Tournal, Oct. G ; Oct.7 ; Oct. '21 ; Oct. 23, 1756), butthe provis
ions were such as tiiat body — thc ]ieculi.ar representatives of tiie Crown
—could not approve. On tbe 23d of November, therefore, it asked a
conference on tiie subject \\-itli tiie House, but tiie latter body rcsohed
th.at as it was "a iiKuiey Bill, this House cannot Con.-ient to anv Confer-

43
As 1 have said, thc opposition against the Govern
ment, at this time, wa.s an organized, systematic, and
enterprising party, presenting itself in different parts
of the Colony, and making itself known by its influ
ence over the acts of its representatives in the Assem
bly of the Colony. In a series of bold and defiatory
encroachments on the prerogatives of the Crown, it
steadily and systematically increased the power of the
people, and as steadily sapped the foundations of the
Government. The time allotted to this paper will only
permit me to glance at the proceedings of the Assem
bly, during the succeeding tAventy years, by a refer
ence to some of the principal subjects of its attention.
It claimed and exercised the right of being represent
ed, before the Home Government, by an Agent of its
own selection, who should be entirely under its own
control ; in order that its grievances might be presented,
and its interests protected, through other instrumental
ities than the venal tools who administered the Gov
ernment in the Colony.' It took upon itself the custo-

ence with the Council, on the subject Ma,tters thereof," {Journal, Xov.
23,) after which the Council passed it, "without amendment," {Journal
of the Assembly, Xor. 29,) in which form it was approved by Governor
Hardy. It will be seen from this that while the right of instituting a
Stamp Office, by the local Colonial Assembly, as a "money Bill," was
recognized, the right of tJie Parliament of Oreat Britain to do the same
thing, was considered a "dangerous" experiment, in New York, even by
the Royal Governor, as early as 1744
1 The practice of appointing " Agents'' to represent the interests of the
Colonies, at the Court in England, was, by no means, a new measure at
that time ; but it was a decided innovation that this Agept was independ
ent of the Governor and the King's Gonernment. As early as 1695, Mr.
Nicolls had been appointed the Agent of New York, at tiie instance of
Gov. Fletcher {Journal of the Assembly, Oct. 4, 1695) ; and from time
to time, thereafter, the Governor had urged on the General Assembly a
renewal of the appointment. {Lieut, Gov. Clarke's .Speech, Apl. 16,
1741 ; Gov. CUnton's Speeches, Assernbly Journals, Xov. 8, 1743, and
Apl. 17, 1744.) The Assembly, however, decided to control this Agent;

44
dy of the military stores belonging to the Govern
ment, and appointed their keepers ; and it retained
the control of them, even after the commencement of
more aggressive measures.^ It claimed and exercised

and, because the Government would not allow this privilege, the Assembly
refused to assent to the appointment. When Lieut. Gov. Clarke recom
mended it, iu 1741, the Assembly expressed its wiUingness to join in
such an appointment, provided the Agent was "depending on and 'payaible
by the General Assembly." {Answer to Lieut. Gov. Clarke's .Speech, As
sembly Journal, Die 'Veneris, 9 ho., Apl, 24, 1741.) In March, 1748,
in order to secure the control of this agency, without the possibility of a
veto from the Governor, the Assembly, by a "rider" attached to the
General Appropriation Bill for the year, provided for the appointment
of an agent, and appropriated £200 for the expense of the Agency, to
be "paid and discharged out of the Funds appropriated for the Annual
Support of the Government." {Journal of the Assembly, Die .Sabutti,
9 ho. A. M., Mareh 19, 1747-8 ; Gov. Clinton to Lords of Trad^, Apl.
22, 1748.) From that time an Agency was maintained, which was not
accountable to the Government.
1 When the expedition against Canada was projected, in 1746, the Co
lonial Assembly provided stores for their troops, and appointed Commis
sioners to issue them to the Captains in command. In September of that
year. Gov. Clinton, then in Albany, issued .an order to the Commissioners,
directing them to issue these stores to "his Majesty's Troops, in like man
ner as the new Levies raised in this Province, for the Service of the Ex
pedition against Canada, .are suppUed," etc. {Gov. Clinton's 'U'.xrrant,
.Sept. 29, 1746.) The Commissioners refused to obey this order, "not
conceiving tiiey were empowered by the Act to do so," {Report of thc
Assembly ¦ Gommittee, Nov. 8, 1746), when the Governor issued a second
order, directing Henry Holland, an oflicer of the Government, .and a
"press warrant," directed to Col. John Eoberts, to seize the same, which
was done. The Commissioners reported the facts to tiie Assembly, by
whom an investigation was instituted, and a report made. The House
took action on the subject, on the presentation of this report, declaring
the Governor's 'Warrant to be "Ul-advised" ; that the Commissioners "did
their dnty and acted agreeably to law" ; that the order to Mr. Holland
was "arbitrary and iUegal " ; tiut Mr. HoUand, Col. Roberts, and Cad
wallader Colden, for the part taken by them in this seizure, -were ¦¦i;niltv
of a high Crime and Misdemeanor" ; that no further provision of Stores
be made "until proper Assurances be given, that an effectual stop shall
be put to such proceedings" ; aud ti.at tiie breaking open tbe storehouse
was "arbitrai'y, Ulegal, and a manifest YioLatiou of tho Rights and Lib-

4;')
the sole right of mustering into service, controlling
Avhile in the service, aud paying after their discharge,
the troops Avhich might be found necessary for the de
fence of the Colony ; and, to that extent, at least, it
was the sole judge of the necessity for, as Avell as the
value of the services of the troops Avithin the Colony.'
erties of the Suhject." {.Journal of Assembly, Die .Sahatii, 9 ho. A, M.,
A«r. S, 1746.) "The Assembly, in the time of Mr. Clerk's .administra
tion, h.ad taken into their own custody all the publick gunpowder iu tbe
Provmce by puting it under an Officer of their own nomination, and not
suffering it to be used otherwise than by their direction. They have, in
aU publick Acts distinguished the stores of war, purchased by taxes raised
in this Province, by the name of Culony Stores of War, from those
stores that were sent by liis Maj'y as if his May'x had no property in tiiose
purchased by taxes raised in this Provoo." {Gov. Clinton to the Lords of
Trade, Xew York, 22 June, 1747 ; See, also. Same to .Same, 15 Xov.
1748, Aug, 7, 1749, and Oct 4, 1752.)
1 Among other instances, in the month of April, 1746, troops were
ordered from Albany to man several Blockhouses, on the frontiers, and
provision was made for their support. {Journal of Assembly, Apl, 9,
1746.) On the 20th March, and 22d April, 1746, Gov. Clinton urged
the co-operation of the Colony in strengthening the garrison at Louis
bourg by raising and forwarding troops for its "Succour and Relief";
{AssemMy Journal, Meh. 20, and Apl. 22, 1746 ;) but the Assembly
promptly refused to do so. {Assembly Journal, April 22, 1746.) Dur
ing the recess, in the same year, the necessities of the Colony required
tiie Governor to order three hundred men in addition to those whom
the Assembly had ordered, which was reported to that body, and its
approval asked. {Gov. Clinton's Message; Assembly Journal, June 3,
1746.) In October, 1748, the Governor urged the continuation of a
Colonial force which was then at Albany, not-withstanding the prospects
of a Peace whioh then prevailed. {Gov. Clinton's Message, Assembly
Journal, Oct. 24, 1748.) But the Assembly, in view of the expenee,
declined to do so. {Assembly's Answer, Journal, Oet. 19, 1748.) In
July, 1755, Gov. Shirley "recommended" this Colony to raise an addi
tional nnmber of men to be employed against Crown Point, {House Jour
nal,- July 4, 1755,) bnt the Assembly, in Committee of-the Whole, ap
peared to consider it unnecessary, and, afterwards, resolved to wait until
the reinforcements were necessary, when it would take steps to secure
thera. {Iiouse Journal, July 5, 1755.) See also Gov. Clinton's Lettera
to thc Lords of Trade, 20 Oct. andW Xov., 1748 ; "The Present State of the
Province of Xew York, Dec. 12, 1746 ; Journals of the Assembly, Xov.
24, 1756, &c.

46
It claimed and exercised, to some extent, the control
of the Indian affairs Avithin the Colony, as well as
that of the Commissioner Avho superintended them.
It claimed and exercised the sole right of originating
laws for the government of the militia.- It claimed
the right, and exercised it, of judging of the necessity
for Fortifications within the Colony, of the character
of those which should be erected, and of the manner
and tirae for their construction.^ It also con
tinued to deny the right of the Council to
originate or araend any Appropriation Bill or

1 From the earliest days the management of Indian affairs was con
trolled, more or less, by the Assembly ; but, subsequentiy, that body ex
ercised a more careful supervision of them. In September, 1744. Gov.
Clinton, at the instance of Gov. Shirley, addressed the Assembly, urgently
insisting on a more vigorous prosecution of the War, by making a Treaty
with the Indians. {House Journal, ,Sept, 18, 1744.) But the House w.as
"unanimously oftheOpinion that itwould be imprudent in them to engage
in any Scheme before a Plan of it was imparted to them, from which they
might form a Judgment of tiie Thing, and how far the Colony might be
able to assist in the Execution thereof" {Journal, Sejd. 19, 1744.) On
the Sth October, 1747, after appropriating .£80li for the Indian service,
and ordering it "to be deposited in the hands of Proper Persons" — the
Governor having been suspected, and charged, indirectiy, witii a mal-ap-
propriation of a former supply— the Assembly promised support iu other
branches of the service ; {House Journal, Oct. S, 1747 ;) bnt the Governor
refused, indignantiy, to receive the message, or to co-operate witii tiie
House. {Ibid., 3 7io. P. M.) On the following day the Assembly decla
red its own Rights, and its Determination to consider aU proper subjects,
"in such Order, Method and Manner, as to them shall seem most conve
nient and conducive to the Interest andAVelfare of the People they Rep
resent." {Journal, Oct. 9, 1747.) The Assembly had, previously, asked
for the accounts and vouchers of the former grant ; {Journ, il. Xor. 4,
1746 ;) and Gov. Clinton was not pleased Avitli the action of the Iiouse.
Otiier inst.ances of a similar spirit are not unfrequent on the records.
2 .Journal of the As.sembly, Sept. "0 ; Oct. 19 and 27: Nov. 17, 1741 ;
"The Present Stato of the Province,'' Doc. 12, 1746 ; Gov, Clinton to
Lords of Trade, 4 Oct. 1752 ; &c.
3 Journ.al of the Assembly, .Apl. 1, 3, 4, 9, and Dec. 24 1745, .^-o.

47
Act for the raising of a revenue.' It continued
its refusal to provide a permanent revenue, "for
the King's use," as the Government required ; and pro
vided one for a single year, only, at a time, "for the
service of the Colony."" It continued its disposal of
the Revenue by specific appropriations to each indi
vidual Avho Avas entitled to receive it, by name, instead
of by a general appropriation, "For the svpport of His

1 In October, 1750, Mr. Nicoll and Ool. Schuyler were directed to
"carry back, to the CiouncU, the Bill entitled 'An Act to enable his Excel
lency to meet the Six Nations of Indians at Albany, and to make them the
usual Presents there,' with the Amendments made thereto by the Council,
and acquaint theni,That this House conceives that the said Bill is a Money
BiU, and that therefore they caunot agree to any Amendments made there
to by the Council." {House Journal, Oct. 6, 1750.) On the 18th Novem
ber, 1751, the Council ordered "the Hon. AA'iUiam Johnson, Esq., to ac
quaint the General Assembly, th.at the Council desire the House would
communicate to the Council the several Accounts laid before the House,
upon which the several Allowances have been made in the Bill brought
up to the Council, entitled, 'An Act for paying cmul discharging several
De'manrls inade on this Colony,' and the Vouchers for the said Accounts,
together with the se\'eral other Accounts recommended by his Excellency
to the General Assemblj-, this Session, and the Vouchers respecting them."
{House Journal, Xor,- 18, 1751.) But the Iiouse declined to consider the
request, after characterizing it as "extraordinary" and "unprecedented."
{Ibid., Afternoon ,Se.ision.) On the next day a Bill appropriating £500
for the Indian Service, which had originated in the Council, was rejected
by the House, on the ground that it appeared to "intrench on the great,
essential, .and undoubted Right of the Eepresentatives of the People of
this Colony, to begin all Bills for raising .and disposing of Money." {House
Journ al, Xov . -['K 1751.) The same result of an attempted amendment ot
the Stamp Bill, in 1756, has been already referred to — (Vide Xote 1,
page 42) — and numerous other instances, found places on the Journals of
the Assembly.
2 Among other instances of this opposition to a "permanent revenue,"
which abound in the Journals of the Assembly, is that in which the House
addressed the Lords of Trade, Dec. 12, 1753, and remonstrated against the
Instructions which Sir Danvers Osborn had brought with him ; and the
long-continued contest between the House and Lieut. Gov. Colden, with
which every historical student is well acquainted, fully sustains the remark
whieh I have used in the text.

48
Majesty^s Government ;"^ controlling, thereby, the action
of every individual officer in the Colony — "from a
Judge to a Constable, and from a Governor to a Tide-
waiter," as Governor Clinton mournfully, but facetious
ly remarked" — and compelling obedience to its behests,
at the rfsk of his salary. A history of the progress of
these "encroachments," as they were called, would fur
nish a perfect epitome of the progress, during that time,
of that mighty Revolution, Avhich, soon afterwards,
severed all the ties Avhich connected the people of New
York with the Home GoA'ernment, and gaA'e strength
to that new, but independent, political organization
which has become stronger and stronger, to the pre
sent day.
On the 30th July, 1760, Chief Justice DeLancey de
parted this life ;¦'' and the people, at once, became "un
easy" respecting the character of the person who might
be chosen as his successor, as well as concerning the
tenure of his office. The deceased had held a com
mission "during good behavior," instead of "during the
King's pleasure," as I have already noticed;* and the
Assembly and the People reasonably felt "uneasy," lest
the control of the Judiciary, through the ncAV appoint
ment, might be again vested in the Crown. New Jer
sey had been cursed with the successive appointment
of two incompetent but needy faA^orites of the minis

1 As an instance of the uniform practice of the Assembly, reference is
made to tho Supply Bills for 1744 — (House Journal, Dec. 1, 1743) — that
for 17i2j— (Journal, Xov. 14, 1745)— tiiat for 17 -Vi— (Journal, Oct. 23,
1746)— that for 1755— (./(>i(/'»(/7, Xov. 16, 1754), itc.
2 Gov. Clinton to the Lords of Trade, New York, 4 October, 1752.
3 Smith's Now A'ork, (Ed. 1829,) page 281.
4 Vide page 40.

49
try, to a sirailar ofiice ;' and the Assembly aud the Peo
ple of Ncav York were also "uneasy" lest a similar per
son, instead of "a person of fortune among themselves,"
might receive the Commission, and, from his necessi
ties, not less than from his .sympathies, become the
abettor of despotism." Governor Clinton, years before,
had proposed this, as the best means of destroying the
power of "the faction," as the popular party Avas term
ed ;' and the sequel showed that the suspicions and the
"uneasiness" of the Assembly and the People hadbeen
well-founded. At the first session of the General Assembly,
in 1761, a Bill was introduced, "to remove Doubts
1 WiUiam Aynslcy, "who had been raised to be Chiefjustice from the
low station of Treasurer to a turnpike in tbe North ofEngland." was re
commended by Lord Ravensworth, and appointed Chief Justice, whUe
Eob't Hunter Morris held that office "during good behaviour," and h.adnot
been impeached. Judge Morris being absent, Aynsley took his seat, but
died about a year afterwards. The Commission was then given to Na
thaniel Jones, "a Newgate Solicitor,'' whose wife, Lady Oliphant, lived in
adultery with Lord Chief Justice Welles, through whose influence, for the
purpose of eflfecting ^is removal from England, the appointment was ob
tained. Jones appeared aud demanded his seat at the March term of the
Supreme Court, 1760; but Chiefjustice Morris was on the bench, and re
sisted him. The Court decided in favor of Morris, and Jones "returned
whence he came." (Smith's Xew York {Ed, 1829), 2 p, 284 ; Field's
Provincial Courts of Xew Jersey, j^p. 150-154.)
2 Lieut. Gov. Colden to Lords of Trade, January 11, 1762. The
contest between the Assembly and the People, on the one side, and
tbe Government on the other, on this subject, was long-continued and de
termined ; and when Mr. Prat was appointed to the office, a salary of
£300, New York currency, only was voted, on the ground that that
amount was "sufiicient to engage Gentlemen of the first Figure, hoth as to
Capacity and Fortune in this Colony, to accept " the office. (Journal
of the Assembly, Dec. 18, 1761.)
3 "To preservethe peace of this Colony, and to prevent the like Cabals
for the future, I am humbly of opinion, that it wiU be proper to send over
fit persons from England to be Judges in this Province, especialy one to
be Chief Justice," &c. {Gen. Clinton to Duke of Bedford, Xew York, July
7, 1749. See also hi$ Letter to Lords of Trade, of saine date,)
4

50
and Scruples occasioned by the Demise of the King &
other Purposes therein mentioned,'" the provisions of
Avhich President Colden has thus described :^ "The in
tention ofthe Bill was to establish the Courts of Judica
ture of this Province by Act of Assembly, & to oblige
me to grant the Judges Commissions duering good
behaAdor, Avith a clause that they might be removed
by the Governor or Commander-in-Chief, on an Address
from the Assembly, or by advice of at least Seven of
the Council, signified nnder their hands." Notw^ith-
standing the opposition of the Governor, the Bill jjass-
ed in tAVO sessions ofthe Assembly,^ and in the Council,
but the Governor refused to approve it,^ and "All the
ofiicers of the Government were left without any sup
port,"" as an act of retaliation, by the Assembly. In
timidated by these proceedings in the Assembl}', and
hoping that their oavu salaries would be provided for
by that body, the p-uime Judges of the Supreme Court
declined to act, "until their Commissions were renewed,
& they Avould not accept of them otherAvise than dure
ing good behaA'ior, as they had their Commissions for
merly."'' While these proceedings Avere pending, Ben
jamin Prat, of Boston, arrived in Ncav York, Avith a
mandamus requiring the (iovernor to grant a Commis
sion to him, as Chief Justice, "dureing His Majesty's
pleasure."** But the Assembly maintained its position

1 .Journal of the Assembly, March 27, 28 ; May 13 and is, 1761.
2 Letter to Lords of Trade, Apl. 5, 1761.
3 Journals of the .Assembly, May 13, 1761, and Sept. Stb, 1761.
4 .fournal of tbe Assembly. Alay 1 R, 1761, and Sept. llth, 1701.
5 Prest. Colden to Lords (if Trade, New York, .Inne 2. Aug. PJ
,-md Sept. 25, 1761.
6 Lieiil. Cbiv. Colden fo AV. Pitt, Sec'\, Sept. 2-1, IVl'.l.
7 Lieut, (tov. Cdldeu to l.iu'ds cif Ti-ade, <Jet. 6, 1761.
8 Lienf. (iov. C'oldeu (o L'u-ds offnide, Jim'y 11, 1762.

51
Avith firmness; and "notAvithstanding it knew the Tenor
of Mr. Prat's commission, & His Majesty's Instruction,
that Commissions to the Judges be granted dure
ing His Majestijs pleasure only, it absolutely
refused to grant any Sallary to the Chief Jus
tice, or to any of the Judges, unless their commis
sions be dureing their good behaviour, and their
Sallary to be granted, even in that case, for one year
only."' For tAvo sessions. Chief Justice Prat occupied
the Bench, unaided by his Brethren, the puisne Judges,
and without compensation,^ when he became discourag
ed with his prospects, and returned to Boston;^ which,
by the terms of his Commission, Avas equivalent to a
resignation ; and the operations of the Courts, through
out the Colony, AA^ere, for a time, completely suspended. >
(It is an important fact, Mr. President, that with the ^
surrender of the Judiciary to the control of the Assem
bly and the People, the direct action of the masses, on
the aflFairs of the Government, became more apparent.
Before that period, their influence Avas made known
through their representatives in the General Assembly ;
now they felt secure from prosecution, ani, gradually,
they assumed to themselves the exercise of their ori
ginal right of self government^
(Accordingly, on the 18th of August, 1760, the peo- '"
pie expressed, in emphatic terms, their abhorrence ofthe
system of impressing seamen from the market and
1 Lieut. Gov. Golden to Lords of Trade, Jan'y 11, l'TB2.
2 Lieut. Governor Colden to Lords of Trade, Jan'y 11, 1762.
Chief Justice Prat to the Lords of Trade, MUton, May 24, 1762.
3 "The pnisn^ Judge having declined to act, & Mr. Prat being under
a necessity to return to Boston by his want of sallary, they expect the
Governor, to prevent a failure of Justice, must be under a necessity, in a
short time, of appointing a person in Mr. Prat's place who is ambitious
of this office, & on such terms aa he likes." (Lieut, Gov. Colden to Lords
of Trade, Jan. 11, 1762.)

52
wood boats, and from the merchantmen which visited
this port — a practice which appears to haA't; found
great favor Avith officers of the Royal Navy, avIio Avere
on this station.^ At the tinu; referred to, 11. M.'s ship
Winclmter Avas ofl' the harbor, and attempted to re
peat the practice ; but with Avhat result, the despatch
of Prest. Colden Avill best cxi)lain.' The followiug are
his words,: "On the 18th (if this month, us the ship
Sanisun. of Jiristol, (Esborn Greatrakes, I\raster. a ship
of 22 guns & 67 racu, was comeing from sea to this
port, & passing Ilis Majesty's ship WincheHter, the
Winchester fired signal guns to bring to, & sent her
barge to know Avhat she was. As soon as thc barge,
Avith the 3d. Lieuteuant & 13 raen came on the
Samson''s boAV, the Lieutenant hail'd her, & bid her
bring to : (ju Avhich tlic crew of the Samson fired a
volley of Musquetry on the Winchester s barge; and
tho' the Lieutenant called out to thera to eea-^e firing,
& roAvd from the Sampson, the crew of the .'^unison
continued firing their Musquetry, by which four men
on board the barge were killed, tho" not (ine piece
was fired from the barge at ajiy time. The Samson
crouding all the sail sho could, got into the ILarbour.
Soon after Avhich Capt. Hale, Coinmander nf thc Win
chester, sent his first & 3d Lieutenants tn me, Avith the
men remaining of the barg'e crcAV. Tlieir evidence be
iug taken by the Jilayor of this City, in my presence,
& in presence of one of the Judges, the Mayor is
sued his Avarrant for a})prehcndiug the People on Iniard
the Su.mp.^iui ; l.)ut the ship being placed at ;i small
dis1-ance fi'om thc end of thc Avharf & the erew havino'
armed themselves, bid deliance lo all authoritv. Next
day Ca]it. Iltde lirought up his ship to the tissislance of
thc Magistrates, on sight on whieli the crew of the

1 To Lords Ciiiiimissiuuers df Trade aud Plaiilaliiin-^, Aug. 30, 1760.

Samp.^on seized the boats aiul Avcnt on .shoar arraed, in
different parties, at a disPauee from Ihe toun. .\s soon as
the Council could be called 1 issued, b}' their atlv ice, a I'rd-
clamation, to luive'thc crcAV of thc^Vn;/.s^e//, every man fiy
his name, apprehended jinywhere within thia province :
& I wrote to all the ueighbouriug Covernors for the
sarae purpose, in case any of that erew should escape
into their (ioA'-ernments : audi ordered a detachment
ofthe Militia of tliis Cit}- to assist the Sherilf; but all
ineffectually exeept as to one man uow in jail The
Master & first .Mate being on shoar Avere committed In
jail, & afterwards adraitted to bail by Judge Horse-
manden." At this late da-ti!' A\'e niight \ui\r supposed this Avas
a hiAvless defiance of the necessary port-regulations, aud
of thc usual visit of the Ixiarding (ilheers frora the
Revenue Oflice, had not thc venerable Pn.'sident,
in another sentence, explained n.ot only the cau.se o1'
the opposition to the visit, nn the part of the Samson's
cre\v, but,that of the synipatli}' Avhieh induced the Peo
ple to conceal the men Avho Avcnt on. shore, aud the
Judge to liberate, (in bail, the (Aqitain aud !\Iaie Avho
had been arrested. "Some other Captains of His Ma
jesty's ships," hc says, "had distressed the toun by
pressing men frora thc markct-lioats k, Avood boats et
by other acta of severity, irh(;ref)y fhe [leoplc if the toun
and country had generally -rcc<:incd. ntrong preju_dices :
and the ]\Ierchants in this r)ort had suffered by tlieir
»¦*' . . .
seamen's removeing to the neighbouring Colonies, Avhcre
they Avere free from any pi-ess." It Avill be seen that
the "strong prejudices" Avliich "thc people in thc toun
and country had generally received," had been exerted
in opposition to "thc acts of severity ;" and that "the
sufferings of the Merchants," a„nd thc "distress in the
toun," occasioned by the oppressive acts ofthe ofiicers

54
of the Navy, had been more powerful in securing the
retreat ofthe fugitives than Captain Hale and the Win
chester, the Mayor and his warrants, the Sheriff and the
Militia, and the Governor and his Proclamation, could
jointly overcome.
Four years afterAvards a similar case occurred in this
harbor, an account of Avhich I cite, to show the pro
gress of the spirit of opposition during that period.
Holt's "Neiv York Gazette and Weekly Post Boy," for
Jitly 12, 1764, contains the following significant narra
tive : "We hear that on Tuesday last [July 10th, 1764]
four Fishermen who supply the Markets in this City,
were pressed from on board their Yessels, and carried
on board a Tender from Halifax, belonging to one of
his Majesty's Ships on that Station : And yesterday
morning [July lltli] when the Capt. of the Tender
came on Shore, in his Barge, a mob suddenly assembled
and seized the Boat, but offered no Injury to the Capt.,
who, it is said, publicly declared he gave no such or
ders, offer'd to release the Fishermen, and going into
the Coffee-house Avrote and delivered an Order for that
purpose. Meanwhile the raob, Avith great shouting,
drag'd the Boat thro' the Streets to the raiddle of the
Green in the Fields, where they bnrn'd and destrov'd
her, and dispersed as suddenly as the}" met, without
doing any other mischief; some of the Companv A\-ent
on Board the Tender with the Captain's order, (<:
brought the Fishermen on Shore. The Magistrates, as
soon as they had Notice, sent to disperse the Mob, and
secure the Boat, but the Business Avas finisli'd before
they could interpose. The Court met in the afternoon,
but Avere not able to discover any of the Persons con
cerned in the Mischief" — The Soeiety Avill perceive
the perfect state of discipline — if I may be alloAved to
use the expressii.m — by Avhich both the "raob," as it

Avas called, and the mass of the People of this City, had
at that time attained, in the iiu-enoon ofthe day the
Captain came on shore frnni the Tender, when "a mob
SUDDENLY (issoublcd," the lioat was taken from the Ava
ter, tlragged through the streets, "with great shouting,"
from the foot of Wall-street to the Park — underthe
very noses ofthe Mditary, Avho occupied the Barracks,
AA-hich stood where the old Alms-house budding raore
recently stood, on the line of Chambers-street — Avhere
they burned it ; and, having accoraplished their object,
"the mob" "disper.'^ed as .suddenly as they met," and
no one knew, or Avould tell the Magistrates, Avho they
Avere, or Avhither they Avent. Is it prob.able this "mob"
were all strangers, Avho had suddenly entered the citv
for that specific purpose, and, after having effected the
object of their visit, retired into the country again ?
oris it not more probable that an organized body of
determined men — minute-men, if you please — had as
sembled on signal, and after having effected the de
struction of the boat, retired to their several occupa
tions without fear of betrayal by their neighbors, who,
equally with themselves, had been sufferers from the
impressment of the fishermen ?
The progress of the popular cause, at this period,
can be seen from the report of Cfovernor (Jolden, in the
latter part of 1763, when he informed the Earl of Eg
remont' that His Lordship could not "possibly conceive
how Aveak the hands of Government are in this Prov
ince, & how much the frovernor is disabled in securing
the King's Rights k in putting the LaAvs of Trade in
execution" ; and from the appropriate remarks of a
learned member of this Society, that "iu no part of
the continent was opposition to the British govern
ment more deeply rooted, more rational and steadfast,
] Lieut. Gov. Colden to Earl of Egremont, Sept. 14, 17li3.

56
than here, where the popular lawyers continued their
appeals, through the weekly press, to the public mind,
and, supported by thc great landholders, excited the
people to menace resistance and to forebode independ
ence.'" In the latter part of the year 1704 the Colony was
deeply agitatt.'d on the subject of appe.vls from the
(Jominivn Linr Courts of the ProA'ince to the GoA'crudr
and Council, arid finally to the King. It had been
usual to bring questions concerning the La^v and the
Practice, in these (.'ourts, by Writs cf Error, Ijefore the
GoA^ernor and Council and the King for final adjudica
tion ; but never, until uoaa', had an appeal — by Avhich
the entire merits of the action, as avcU as the LaAv an(l
the action of the Courts thereon, could be revicAved —
been entertained by the ProAdncial Government." Gov
ernor Colden, Avith his AA^onted zeal for the interests and
authority ofthe King, obstinatelv refused to vield the
point that the appeal had been Avell taken ; AA-hile, on
the other hand, in his own words :^ " the aaJioIc fiody
of the Law — Judges and Lawvers — are violentlv

"¦b

against it, as it Avill undoubtedly lessen their Power e^'
Infiuence. Whatever be done in this place," he con
tinues, "I am very confident I shall have it in rav poAA'-
er to hurable them, k to curb their Licentitiusness after
this, tho' I now stand alone in this dispute, Avithout auA'
assistance." This op'position A\-as, undoubt edi v, pro
duced from difi'erent causes, Avhile thev all tended to
the same ultimate object. The Courts partly felt, as
Gov. Colden remarks, that the measure Avould "lessen
their power and influence" among fhe ))eople ; and, in

1 Bancroft's United Stales (First Edit.,) \\ ., p. -1-41.
2 Lieut, (iov. Colden to Lords of Trade, Nov. 7, I7l'i4.
'i Lieut. (!(iv. Colden to Sir William Johnson, Dec. lo, 17(;i. (Culdei
MSS. in the XewYork Historical ,\>cielifs Library.)

¦ )(
accordance Avith that love of [lower Avhieh finds a place
in nearly every huraan breast, they opposed it.
Onthe other hand, the popular party s.aw in the raove
ment an atterapted re(.'overy of some of fhe prtTogte
tives Avhich had been coneeded to the people — an at
tempt, by lhe Coverniueiit, to place itself ainn-e the
Conunon L;iw Courts ofthe Culon\', aud, tlK.'refore, be
yond their authority; and the deterraiiu'd opposition
of J(.ihn Morin Se(_)tt, th.e Lix'ingstons, and other popu
lar lawyers, Avill, from thai cause, be fully unth.'i'stood.
At this period, also, was introduced aud enacted the
notorious measure known as the Slump Act, of which
the Avorld has heard so mueh, and from Avhieh it is still
reaping so bountiful a, harvest. A sirailar raeasure had
been piroposeil, sevend years before,^ but the several
Administrations who had cousidered the pro[)osition
had lacked courage sufficient to giveit their counte
nance and support, or o[)eidy condemned it as impoli
tic, or ine(jnsistent with the rights of the Colonists. The
accumulated debt of the home government had uoav
become so formidabh.', hoAvever, that no other e(|uall_y
feasible mciins of securing a r(.'A'enne presented
itself; and fireuA-ille, with some misgivings, had given
it the sanction of his ollieitd support, lutelligencc of
the ]i('o[iosed raeasure speedily reached the Colonies,
and, tiuKiug the very earliest of the responses from
thence, Xew York, in a voice of etirnest Avarning,
told the ]*Iinistry that "if thc Colonist is taxed Avithout
his consent, he Avill, jierhtqis, ask a change."" Ja.mes

1 Vide page^il, noto /
2 New York Gazette, Tliursday, AL-iy 24, 17f>l, cited by iir. Bancroft.
When it is borne iu miud that the budget wa-^ introdiici-d intothe iliMi:-e
of (.'(miiiiini^ on the tub ]\Lu'eli — Icns (lian eleven weeks bcfiu'c — the ex
treme vigUance and i-esobitiou of the ]ieo[iloor .N'ew Yni'k, iu thus e.xpress-
in.'-' tbeir vie\vs will be duly appreciated. The earliest instance of a simi-

58
Otis and Samuel Adams, soon afterwards, aroused the
energies of Massachusetts and Ncav England to a de
fence of their "chartered privileges" — neither of them
possessing the courage or seeing the necessity to look
beyond the concessionsof the King, as expressed in the
Charters of the Colonies ; but to the Assembly of
New York — where there were neither "chartered priv
ileges" or "vested rights" to contend for — Avas reserv
ed the privilege of striking a heavier blow. "An E.\-
emption from the Burthen of ungranted, iuA-oluntary
Taxes," it says, in a Memorial to the House of Com
mons, adopted Oct. 18, 1764, "must be the grand Prin
ciple of every free State. Without sueh a Right vested
in themselves, exclusive of all others, there can be
no Liberty, no Happiness, no Security ; it is inseparable
from the very Idea of Property, for who can call that
his own, which may be taken aAvay at the Pleasure of
another y And so evidently does this appear to be the
natural Right of Mankind, that even conquered tributa
ry States, though subject to the Payment ofa fixed pe
riodical Tribute, never Avere reduced to so abject and
forlorn a Condition, as to yield to all the Burthens
which their Conquerors might at any future Time think
fit to impose. The Tribute p;dd, the Debt was dis
charged ; and the Remainder they could call their own.
And if conquered A'assals, upon the Principle even of
natural Justice, may claim a Freedom from Assess

or spirit in tiie other Colonies, whicii Air. Bancroft ha> found, is c.prirate
letter of Ricluird Henry Lee, of Virginia, dated 31st Ma^ , 17(11. The let
ter from Eliiibalet Dyer, of Connecticut, whicb he cites,' in the .same con
nection, was written about (he same (ime; but it will be seen that '¦.¦<eeki),o
a change" is not, in the remo(,est degree, alluded to iu it. ( ]'ide E.incrufV,-
miitcd Slate.^, [First edit.,] V., p. 1<)4.) ,V,s (he .samegentieman elsewhere
remarks, (A'., p. 21 r,,) -At (hat moment //(,- .y.iril of resi.<,tanre was ,)„¦
where so strong as in New A'ork," yei none have" received so ' littie
notice fi-om thc "historians'' of thu.se (imes.

59
ments unbounded and unasseuted to, Avithout Avhich
they would sustain the Loss of cA'ery 'fhing, and Life
itself become intolerafile, AAdth how much Propriety
and Boldness may we proceed to inlbrm the Commons
of Greed Britain who, to their distinguished Honour,
have in all Ages asserted the Liberties of Mankind,
that the People of this Colony, inspired by the Genius
of their Mother Couutry, nobly disdain the thought of
claiming that Exemption as rr Privilege. They found
it on a Basis more honorable, solid, and stable ; they
challenge it, and glory in it as their Right. That Right
their ancestors enjoA'cd in GreatBr-itain and Jreland; their
Descendants.returning to those Kingdoms, enjoy it again:
And that it may be exercised by his Mtijesty's Subjects
at Home, and justly denied to those who submitted to
Poverty, Barbarian Wars, Lijss of Blood, Loss of Mo
ney, personal Fatigues, and ten Thousand unutterable
Hardships, to enlarge the Trade, Wealth, and Domin
ion of the Nation ; or, to speak Avith the most unex
ceptionable Modesty, that vvhen. as Subjects, all have
efpial Merit; a Fatal, nay the raost odious Discrimin
ation should neA^ertheless be made between thera, no
Sophistry can recommend to the Sober, impartial De-
sion of Common Sense." After continuino' the dis

ci

»

ciissicm. at considerable length, the memorial concludes
Avith these spirited Avords: "The General Assembly of
this Colouy have no desire to derogate frora the Power
of the Parliament of Greal Britain ; but they cannot
aA'oid deprecating the Loss of such Rights as they have
hitherto enjoyed, Rights established in the first DaAvn
of our Constitution, founded upon the most substantial
Reasons, confirraed by invariable Usage, conducive to
the best Ends ; never abused t(i bad Purposes, and
with the Less of Avdiich Liberty, Property, and all the
Benefits of Life, tumble' into Insecurity and Ruin :

60
Rights, the Deprivation of Avhich Avill dispirit the Peo
pic, abate their Industry, discourage Trade, introduce
Discord, Poverty and Slavery ; or, b)- depopulating the
Colonics, turn a vast, fertih', prosperous Kegion, into a
dreary Wilderness ; inqjovei-ish Great Britain, and
shake Lhe Power and ludepeiuleucy ofthe most opu
lent and llouiishing Empire in thc World.'"
This mcmoriid, Avitli others of like lenor and date,
to the King a>nd the L(.)rds, Avas sent to the Agent of
the (.'(jhmy in ICuglaud, {R. Cliarle:,, E'stp-.,) tnid its
eifect AVtis sp(;edily seen throughout the entire
coast of America, Ou the very .same day on
Avhieh this memorial Avas appjroved b}' the (ieneral
Asserably, (October 18, 17G4,) it Avas "Ordered.
thatthe Coraraittee appointed to coi'respond Avith
the said Agent, be also a Co.alaiittee dup.ing
THE Recess of the House, to vi'iute t(.), anu couuks-
POND AATl'It THE SEVEU.AL AssE.'^lBI.I ES, Of! ( 'oM.MITTEES OF
AsSEiVIBLIES ON THIS C(.>N'J'INENT, OU tllC Suljjcct Matter
of the ^Vct, coraraonly called the Sugui- Act ; eif the
Act restraining I'apcr Bills of Credit iu the Coh.inies
from being a h.'gal Tendcir ; tind of the several other
Acts of Parliament lately jitissed, Avith Relation to the
Trade ofthe Northeru Colonies ; and also on the Sid'-
ject of thc irape'iiding Dangers Avliidi threaten the ( 'ol-
onies of being taxed by Laws to be passed in On of
Britain."^ I uei'd nol enlarge, before this Soei(n\-, on
thc importance of this action bv the Itepri'senlatives of
the people of New York. The character of this Memorial
Liespeaks the determined spirit ofthe ma.s.ses of llie
people, as avcII ;is the eoiirtige of their Uepresenttitives
in the Assembly ; while the ( )i'der whieh was subse-

1 Journal of lho( ieneral Assembly of New A'ork, IUe .luris. M ho. A. M,
Oct. IM, 1704.

: 61
(.[uently entered on thc .Tournai, on thc same day, dis

so
)e-

pos(\s of the question Avhich litis been so long aud ,¦-
stnmuousl)' argued by Mr. Adams and others, in 1
hide of Mtissachuscfts, .and Mr. Jefierson and other.s, in
behalf of Yirginia, respecting AA-hich of the two — M.as
sachusctts or Yirginia — okigin.ated the revolution. \nv
eoALMiTTEEs OF CORRESPONDENCE.' 1 acknoAvledc'C the

'iD^-

1. On this .subject, as on some others, it h.as been my lot to differ from
all «-bo ]ia\e preceded me. I am well aware that tlie ''invention" of the
Committees of Correspondence — whicii a cotem|Kii'ary opponent called
"the huilest, subtlest, .and most venomous serpents that ever issued from
the eggs of sedition," — has received the attention of older and abler jjeus
than mine : and that, until this time, two of thc sovereign S(,-ites of the
Confederacy — Virginia aud Mass.aciiusetts — have shared the honor be
tween them, without dispute from any of their sister States, and, .ajip.arent-
ly, without a murniur or shade of discontent.
Afr. .left'ei'sou ami Mr. -Iohn Adams, in beball'of their respective Siales,
have led the contestants, wi(h their characteristic- zeal and ahility; aud
Messrs. Tu(-kci', AA'irt, Bnrke, Paud.aU, and Campbell, in beh.alf of A'ii'f^inia;
and Alessi-s. Hutchinson, (Jordon, Br.adford, Afarsluall, .Iohn (Quincy Adams,
aud Bani-roft, hi behalf of Atassacbusetts, have gallantiy seconded the labors
of (heir respective leaders.
Ill behalf of MassaehuseUs it has been asserted (hat, on the 7(h Nov.,
177(1, the (ieneral Assembly of that Colouy, "ITpou motion. Ordered, That
Ml'. Speakei', itr. Hancock, Mr. Ilall, j^ti'. Samuel Adams, and Mr. John
Adams be a Coinmittee of Correspondeuce to commniiic.alc such intelli-
geiK-e as m.ay be necessary, to the jAgent (Dr. Fraukliu) and olbei's in
Oi-e.-it P.rit.-iin ; and also to the Speaker ofthe several Assemblies tiirougbout
the Coutiiicni, or to such Committees of Cori-cspoiidencc as they have, or
may aiijioint. S.aid Committee, from time to time, to repiu-t tbe wholeof
the coi-rcspondeiK-e to (he House of Represent.atives, .and to confer with
such (Committee as the Honorable Boiird have ajipointed to corresjiond
with the Agent, as iiir as tlu'y sh.all .judge it necessary" ; th.at this, '\'i was
presumed, "was tiie first .appointment of a Committee of C'on'es]iondence,
of thisc-l.-iss" ; (,/. Q. Adams to Pruf Tucker P) that "while Amei-ica, gen
erally, was tr.anquil, .Samuel Adams, continually musing till the fire witbin
him burned; and Ihe thought of correspondence .and union among the
friends of lil>erly/as7(C'/ "/")/, his Mind"; (I!ancroft, YL, x<. 407, under
the d.ile ",Srjit., 1771";) "tii.at when ho (.Saml. Adams) first proposed ms
great iurrution for organizing tho revolution tiirough (.!ommittecs of Cor-
respoiidence, lo be a|.iiointed by tbo meetings ofthe towms, (Xov. 2, 1772,)
every one of his colleagues inthe delegation from Boston opposed him";
(Bancroft, VL, p. -iae ;) tiuat, at a town meeting in Boston, Nov. 2, 1772,

62
existence of no more zealous admirers of Massachusetts
and her illustrious revolutionary sons — James Otis,
Samuel Adams, and Joseph Wttrren — in all that jprojjer-
ly belongs to their history, than I am ; nor am I more

a Committee was appointed "to state the rights ofthe colonists, audof that
province in particular, as men, as Christians, and as subjects, and tbe in
fringements of them ; to communicate them to the se\ercal towns, as the
sense of the town of Boston.; and to request of each town, a free commu
nication of its sentiments .m tiie subject'' ; that "a certain ma.sterly states
man (S. Adams) invented a Committee of Correspondence in Boston,"
(.Iohn Adams in "Novanglus," Works, IV., p, .34,) and that "Gov. Hutch
inson having been used to represent the party in opposition, as only an
uneasy factious few in Boston, -ivhile the hody oi the people were quite
contented, Mr, Samuel Adanis ^\-as thereby induced to visit Mr. James
Warren of Plymouth. After conversing upon the subject, the l4.ttee
proposed to originate and establish Committees of Correspondence in the
several towns of the Culuny, in order to learn the strength ofthe friends to
the rights of the continent, and to unite and increase their force." (Gor
don's Hist, of the Revolution, (Ed. London, 17SS.) L, pp. .S12-31.3. under
date June, 1772.)
In behalf of Virginia, it has been said that "a Court of Enquiry held in
Khode Island in 1772, with a power to send persons to England to be tried
for offences committed here, was considered at our session, of
the spring of 1773. as demanding attention. Not thinking our old and
leading members up to the i^oiut of forAvardness and zeal which the times
required, Mr, Henry, Eichard Henrj- Lee, Francis L. Lee, Mr. Carr, and
myself, agreed to meet in the evening, (March 11, 1773,) in a private room
of the Raleigh, to consult on the state of things. There may have been a
inember or two more whom I do uot recollect. AVe were aU sensible that
the most urgent of .all measures was tbat of coming to an understanding
with all the other Colonies, to consider the British claims as a common
cause to all, and to produce unity of action ; and, for this purpose, that a
(Jominittee of Correspondence in each Colony would be the best instrument
for inter-communication ; and that their flrst measure would probably be,
to propose a meeting of deputies- from every Colony, at some convenient
place, who should be charged Avitli the direction of the measures which
should be taken by all. AA'e therefore drew up the resolutions which may
he seen in AA'irt's Life of Patrick Ilenry. Tlie consulting membei-s pro
posed to me to move them, but I urged th.at it should be done by Mr, Carr,
my friend and brother-in-law, then a new member, to whom I wished ,an
opportunity should be givenof making known to tbe Iiouse his great worth
and talents. It was so agreed; hc moved them, (J/ir.rr/i. 12, 1773,) they
were agreed to nem. co-n., and a Committee of Correspondence appointed
of whom Peyton Randolph, the Speaker, was Chairman." (Autobiog. of

6.3
disposed to overlook thc services of Patrick Henry,
Thoinas Jefferson, the Lees, and others of the equally
illustrious Yirginians of that day aud generation ; but
I cannot forget that .s'/.r years before Massachusetf,'-j

Mr. Jl [ferson, Works J., ji. b.) It has also been said, in her behalf, that
"this House (of Burgesses, 1773) had the merit of originating that power
ful engine of resistance, C(U'responding Committees between the Legisla
tures of the different Colonies," (Tru'/'« P((<r/r;- //fHn/, Ed. 18 , p. .)
and that ¦¦//( this )»an?icr Viuoinia, faid the foundation ofour riiiun."
(Bancroft's United .States. A'L, p, 4o3.)
For the settlement of this disputed tjuestion, the representatives of the
two parties finally compromised the matter — di\iding between themselves,
with the utmost coolness, all the honor which they had claimed for the
'"great invention." It was agreed {Mr. Jefferson to .Samuel A. Wells, the
grandson of .Samuel Adams, May 12, 1S19,) tbat to Masisachusetts belongs
the honor of having originated those Committees which had been appoiut
ed by thepeople, in town meetings ; while to A'irginia should be conceded
that wliich resulted from similar appointments by the Legislatures of the
Colonies. In short, it has settled down to this, as Mr. Bancroft describes
it, (History of United. .States, YI., p. 455,) "Massachusetts organized a
Province ; A^irginia promoted a Confederacy,"'
It has beeu my lot, as beforementioned, to arrive at a dift'erent conclu
sion, on this very important question. Respecting the Committee of 1770,
appoiuted by the Assembly of Massachusetts, it is well known, in the words
of one of her own historians, that "it does not appear that they wrote to
the other Colonies, as a former letter to them, from Massachusetts, had
leen so severely censured in England," (Bradford's Massachiisetts, L, p. 237,)
in short, that she had "halted on the threshold by reason of English cen
sures." (Ranilall's Je ferson, L,-p, 80.) It is also weU known thatthe
movements of Samuel Adams, in the town meeting at Boston, November
2, 1772, and the subsequent action of the General Assembly, in June,
1773, were the first practicaUy usefid results of Mr. Adams' "great inven
tion" ; while the invention of Mr. Jefi'erson was not heard of, or, so far as
we know, thought of, until Alarch 11, 1773.
With these indisputable facts in view, it is a reasonable concluaion that
the action of the General Assembly of New York, on the eighteentii of
October, 1764, ivhich has been referred to in the text, was the eabliest
movement on this subject, in America ; tiiat the popular movement, on the
thirty-first of October, 1765, at the King's Arm's Tavern, in Broadway,
New A'ork, was the second committee appointed in America, —
both preceding any similar movement in any other Colony ; that the print
ed Journals of the Assembly ("Published by order of the General Assembly:
Xew York, Printed by Huejh Gaines, m,doo,lxvi ") ; the account of the
meeting at the King's Arms Tavern, which appeared in The Boston Post-

64
appointed her first fainf-hearfed Committee, -whose fear
of Greed Britain prevented thc prcparrdion of even a
a single letter^ ; and nearly vine years before that cel-
Wi'^a^..^,.^ ebrated meefi-ng at the Raleigh Tavern, Riclmond, when
Virginia gave birth fo her Jlrst.bomp 'YIIE AssEAiBLV
OF Neav York originated the movement, and appoint
ed a Committee of CoRRE.sroNDEN(!E, AVITH Robert R.
LiAiNCJSTON at its iiE.AD. Whatcvcr ma}' haA'e In-'cn
thc case in 1770, concerning Massachusetts, or in 1773
concerniuij' \"irgiuia, NeAV York did not "halt on the
threshold by reason of English censures,"^ even in 17G4-,
although her sisters appear to suppose she Avas only
their imitators, after they had \Am\(k\y followed, years
afterAvards, in her footsteps.
The soleran Avords which came up from New York
and Massachusetts Avere carried, by trusty mes.sengers,
and confirmed and sti'engthened the patriotic colonists
throughout the country ; but the threats and the ap
peals of all Avere alike disregarded, aud, amidst the
notes of preparation for resistance in America, of earn
est deprecation in the Parliament of (treat Britain, and

boy and AJrcrtiser, Mo\ ember 11, 17()-'i, and in Edes and CiU's Bustun
Gazette and I'lrunlry Journal, of the same da.^ ; aud the earnest appeal to
"the Merchants aud Traders of Massachusetts Bay,'" to "proceed in the
Prosecution ol so judicious .-i plan and thus e\ince to the AA^orld that they
^\•^'rci as disinterested and as wise .-is tiieir Neighbors' , which aiipeared in
Edes ct (jilt's Boston Ca:elli; No\ember 25, 1705, directed the nuAements,
if they did not origin.afe tiie ideas, whix^h have siuce been claimed as ¦'(he
great inveufion'' of Samuel Adauis, in 177-,! — sever.-U years afterwards.
Untu some earlier "inveubu-" than Samuel ;Adanis, in Ailassachusetts, or
Thomas .letlei'soii in A'irgiuia, can bo fouud, to Xew York must be con
ceded not only the honor of "organizing a Proviuce," but, also, of "pro
moting a Coniederacy."'
1 Bradford's Alassachu.sells, L, \\. 237.
2 Autobiography of l^tr. Jelfei'son. ( TForii-.?, 1., p. 5.)
3 RandaU's Lifo of •lelVersou, L, p. 80,

65
of the deepest anxiety among the merchants and peo
ple of England, the Act passed,' A memorial from
thc English merchants trading to Jamaica, asking to be
heard by Counsel, had been offered for presentation, and,
afterwards, withdrawn, as an infringement of the rules of
the House." Virginia^, and South Carolina'', and Con
necticut* — the last in "the most moderate lanaruao-e"" —

1 Journals of the Hoii-^e of Commons, Mercurii, 27 Dio Februarii,
1705, (Edit, 1803, A'ol. XXX , p. 193) ; .Journals of the House of Lords,
Die A'eneris, 8th Martii, 17i.i5, (A'ol. XXXI, p. 117) ; Jouruals ofthe House
of Lords, Die A'eiiei-is, 2-.^d Martii, 17(15, (A'ol. XXXL, pp. 91-93.)
2 ''A Petition of several Persons trading tc, aud interested in the Island ot
Jamaica, relating to the said BiU, was u fered to he presented to the House.
And a Alotioii being made, and the Question being proposed. That the
s,\'id Petition be broiigTit n/i ; The .Journal of the House, of the Stb Day
of March, 173-_', relating to the Petition of Richard Partridge, Agent for
the Colony of Rhode Islaud, etc, was read. Then the said Motion was,
by Leave of the House, withdra-wn." (Journal cf Iiouse of Commons,
Vtneri,t, 15 Die Februarii, 1765— Edit. ISOU, Vol. XXX., pip. 147-8.)
It will be seen from this extract that the petition was not allowed to come
before the Iiouse.
3. Her petition was offered for presentation by Edward Montagu, Esq.,
her Agent, and prayed tiie Iiouse, "fo take their Unha]ipy Circuinstances
into Consideration ; and that tbeir House of Burgesses may be continued
in the Po-Sbessioii of the Rights and Privileges they have so long and uninter
ruptedly enjoyed ; and tbat tluty may be heard, by tiieir Counsel, again.st any
BiU that may. be intended to charge Stamp or any other Duties on the
Colony of A'irginia.'' (,Iournal of House of Commons, Veneris, 15 Die
Februarii, Edit. 1803, Vol. XXX., p. 148.) See also Bancroft's History
of tiie United State-", A'., pp. 2-14-(J.
4 Her memorial prayed "that the House will not approve of auy Bill
that may be oftered, charging Stamp Duties in the Province of Soutii
Carolina." (.Tournai of House of Commons, same date and volume as the
last.) 5 The "Petition ofthe Governor and Company of tiie English Colony of
Connecticut in New England," pr.ayed "that the Petitioners inay he in
dulged in the Exercise of the Power of laying all internal T.axes on
tbe Colony; and th.at the Resolution of the House, in the last Session of
Parliament, maj' not be carried into e.xecution, by a Bill for imposing
Stamp Duties on the Colonies." (Journal of the House of Commons-,
same date and 'volume as the last.)
6 Bancroft's History of the United States, (First Edit.) V., p. 246.
5

66
had also prayed for a hearing, Avithout effect.
Ncav York, fully conscious of her integrity, and
scorning concealment of her sentiments, had next
demanded, in the terms which I have just recit
ed, a recognition of those natural rights, of which
neither Kings or Parliaments could justly deprive
her ; but her "insolence" had been so great that no
member, even the fearless Barre, had been found
Avith courage sufficient to present her memorial.*
The debate in the House, before the passage of
the Bill, had, also, been spirited and obstinate ;
and Colonel Barre's indignant rebuke of Charles Town
shend, which is so Avell known, furnishes evidence
of its bitterness. All had been alike unavailing ; and the
sober, business-like appeal to the judgment of the
House, by the merchants of Britain, not less than the
"moderation" of some, and the "insolence" of others,
of the Colonies, passed by the Government "as the
idle Avind which it regarded not." The Bill passed, as
I have said, notAvithstanding the opposition of both
England and America ; and the intelligence of its suc
cess reached the Colonies, soon afterward. New Eng
land, paralyzed by the fatal admission of the "suprem
acy of Parliament," Avhich Otis had yielded, was dumb
Avith chagrin" ; Avhile to '\"irginia and Ncav York Avas

1 This memorial, to which allusion has been made already, for Uie rea
son stated in the text, is not mentioned, or referred to, in the Journals of
tiie Iiouse of Commons. Mr. Bancroft, (Hist, of the United States, First
Edit., A^, p. 240,) has referred to if, and giveii sever.al authorities, amoug
uhich is a letter from Mr. Charles, the Agent of the Colony, to the Com-
mitfee of Correspondence.
2 "Xew England, where the chief writer against the impending Stamp
.Act had admitfed (he jurisdiction of the British Parliament, was slow (o
auger. TluM'hild of Old England, she was loth (o impute fo the parent
coiinfi'v a Iixed design lo siib\erf her rights." (llanrroC's Hi.st. ofthe
C nited Stal.n. Fii-sf Edit., A'., p. 270.)

67
reserved the joint honor of leading America to inde
pendence.'

1 The following speeimons of the admissions which were made by the
!;-reat leaders of the people of New England, contrasted with the senti
ments wliich prevailed in New York, will serve to show who were not (if
they do not show who were) the leaders ofthe American revolution. "J^^I
also lay it down as one of fhe first principles from whence I intend to de
duce fhe civil rights of the British colonies, thaf all of them are subject to,
and dependent on. Great Britain ; and that, therefore, as over subordinate
governments, the Parliament of Great Britain has an undotibted power
and lawful autiiority, to make acts for the general good, that by naming
them, shall and ought to be egually binding, as upon the subjects of Great
Britain within tbe realm." (James Otis, Bights of the British Colomes
Asserted and Proved, Third Edit., p. 49.) "Is there the least difference,
as to the consent of the Colonists, whether taxes and impositions are laid
on their trade, aud other property, by the Crown alone, or by the Parlia
ment '? As it is agreed on all hands, the Crown alone cannot impose them,
we should be justifiable in refusing to pay them, but miist and ought io
yield obedience to an act of Parliament, thotigh erroneous, till repealed.''
(The same work, p, 67.) The same gentleman, (James Otis,) inhis Vindi
cation of the British Colonies, (Boston, 1763,) p. 21, say.s, in answer to
an opposing writer: "By regulating trade, I suppose he meaus, according
to the common sophism, taxing trade. Even in this sense," he adds, " 'tis
admitted the parliament have the same right to levy internal taxes on the
colonies, as to regulate trade : cuid that the right of levying both, is un
doubtedly in the 2}arliament ;" and on page 21 of the same work, after
alluding fo similar sentiments, whioh had beeu published by the popular
leaders in Rhode Island and Connecticut, in pamphlets wbich he refers to,
he says, "These, so far as I can find, are all tho pamphlets that bave been
published iu America, upon the proposed new regulations ofthe colonies.''
Tbose who have read Stephen Hopkins' Rights of the Colonies E.ramined,
will bear witness that, so far as Rhode Island is concerned, -when her As
sembly adopted that -work as its own, .she fully admitfed the supreme au
thority of the Parliament, while the sentiment of Governor Fitch of Con
necticut, (Letter to Richard Jackson, 23 Feb., 1765, cited by Mr. Bancroft,)
that "if parliament, in tbeir superior wisdom, shall pass the act, 'we must
submit," was, probably, that ofthe people of that Colony,
While these publications were appearing in New Eugland, the popular
leaders in New York were arousing the people of that city, aud "pointing
to independence," by such articles as the following, which appeared in
Holt's "X. Y. Gazette and Weekly Postboy," 1157, Mareh 7, 1705.
"The Printer is desired to insert the following :
"AVe hear from the Eastward, tliat some infamous scribbler in Opposi
tion to the Pieces that have been publish'd in Defence of the Rights of the

68
Receiving strength from the discordant sentiments
Avhich prevailed in the several Colonies, the Ministry
Colonies, has attempted to prove, that we in the Colonies are so far from
being free Englishmen, that we are as arrant Slaves as any iu France, or
Spain, or .any Nation in Europe, not excepting Turkey itself Such
AVretohes ought to feel the Resentment of the People they endeavour to
injure: They ought to bo driven from among Free men, .and be forced to
herd- -\vitii such Slaves as they aro desirous to make of their Countrymen :
Ca.-ii AVretohes of this Sort, thuik, by such vile, detestable Attempts, to re
commend themselves to the Favour of any Friend to the British Constitu
tion in Englaud ? No. They diually deserve the Resentment of the Eng
lish Court and People, as of the Colonies ; they are equally Enemies to
both, for the Liberty and Property of both stand precisely upon the very
same Foundation, nor can the least Encroachment be made upon one, with
out an equal Injury to the other : And when tlie British Constitution is
violated by illegal Impostors on the Colonies, then, it is high Time for
England itself to take the Alarm, and fe.ar to be obliged to submit to the
same Fate. The .stale Pretence, that the Colonies aim at an Indipend-
eney, is so entirely senseless and ridiculous, as to be almost beneath a seri
ous Refutatiou. If their Rights and Privileges as Englishmen are preserv
ed and maintain'd, what can they expect or desire more under any Gov
ernment 'i They can have no possible Motive to desire a Change, tho"
they should become ever so populous and powerful. But if those Rights
and. Privileges are violated, what Reason then can remain why they
should pirefer the British to the French Coccrnuant, or any other .'
Th(?y may 'indeed, from their present AVe.akness, he compell'd to submit
to the impositions of Jlinisterial Power, but they will certainly consider
that Poioer as Tyrannical ; they will hate and abhor it, and, as soox a^.
MEY ARE ABLE, toUl throw it off, or, perhaps, try to obtain better Terms
from some other Power.
The French, natural Enemies to England, rejoice in the measures taken
to .alienate the aft'ections ofthe Colonies from their Mother Countrv — And
shall not the AVretehes, who stir up and impose those me.asures, be con-
sider'd as Enemies to his Majesty our beloved Sovereign, aud the whole
British Nation, as well as to the Colonies ? Surely they ought, fw' such
tiiey are.
The Term J/otter Country is properly expressive of the Relation be-
tweeen Gre.at Britain ,and her Colonies ; They are to be considered as her
ChUdren, not her Slaves ; the Freedom of both is the same, and fho most
dutiful Returns of Gratitude and Love, wiU .ahvays be made for evei'\ In
.stance of Maternal Alfection. Let a Nation's Curse be the Portion of ev
ery man fhat attempts to loosen the sacred Bands of Love and Dutv bv
which they are United. P ••"
Similar sentiments appeared in The S ndnil^So. IIL, (Holt's xA'. Y. Ca-

69
proceeded, at once, to make preptirations for the exe
cution of the hiAv. For this purpose the stamped paper
was duly prepared'; young men, then engaged in the
Departments, in England, received orders to prepare
for ;i removal to America, for the purpose of organiz
ing the business in the several Colonies" ; and, Avith the
hope of pacifying thepeople, the principal offices Averc
filled with gentlemen Avho resided in Araerica, but who
were known to have been steady friends of the Gov
ernment.^ Messrs. Oliver, in Massachusetts ; Jared In
gersoll, in Connecticut ; James McEvers, in New York ;
and Zacharias Hood, of Maryland, were among those
Avho Avere thus honored by the Ministry ; and they
were, thereby, rendered most conspicuous as fit objects
for the resentment of the people.
The intelligence of the passage of the Bill, although
expected, appears to have staggered the Colonists;
and its reception, after the first outbreak of feeling had
subsided, was foUoAved by a season of expressive inac
tivity* — that quiet which, generally, precedes a storra
of unusual severity. It Avas not long, however, before
the Sons of Liberty resumed their wonted activity —
the very means which had been provided for the paci
fication of the people, more than any other, serving
to produce the opposite result, in the almost universal
outcry Avhich was raised against those residents of the
Colonies Avho had consented to serve as Ministerial task-
zette. No. 1168, March 14, 1765,) in two papers signed "Freeman," in
Holt's X. Y, Gazette, Nos. 1167, 1170, 1171, .and 1173 ; and in similar
artioles. in the same paper, Nos. 1165, 116G, 1177, &g.
1 Minutes of the Treasury, cited by Mr. Bancroft. (Hist. United States.
v., p. 322.)
2. London Chronicle, No. 1428, June 15, 1766.
3. Bancroft's United States, V., pp. 250, 207.
4. Bancroft's United States, V., pp. 270-2 ; Lieut, Gov. Colden to Earl
of Halifax, April 27, 1705 ; The same to the Board of Trade, Jnne 7, 1705 ;
(Gulden MSS.. X. Y. Hist. .Society's L'lbrary ;) Graham's U. States, lA^,
p. 197.

70
masters over their countrymen ; and while Massachu
setts, without even disputing the Constitutionality of the
Act, suggested the means of securing concert of action
among the Colonies, by nieans of a Federal Congress ;
and Avhile Virginia, also dependant, Avas "ringing the a-
larum bell," and marshalling the Colonies to resistance ; to
"The Sons of Liberty," in New York, was reserved
the honor, as one of our brethren appropriately calls
it, of "pointing to independence" ' "The great funda
mental principles of government," said John Morin
Scott, at that time,^ "should be common to all its parts
and members, else the whole Avill be endangered. If
then, the interest of the mother country and her colo
nies cannot be made to coincide ; if the same constitu
tion may not take place in both ; if the welfare of the
mother country necessarily requires a sacrifice of the
most natural rights of the colonies — their right of ma
king their oavu laws, and disposing of their own pro
perty by representatives of their own choosing — if such
is really the case betAveen Creat-Britain and her col-o-
nies, then the_ connexion between them ought to ce.ase ;
and, sooner or later, it must inevitably cease. The
English government cannot long act toward, a part of
its dorninions upon principles diametricallA" opposed
to its own, Avithout losing itself in the slaA'ery it Avould
impose upon the colonies, or leaving them to thr.oAv it
off and assert their oAvn freedom." In tones such as
these, at that early date, did "the Sous oi .Liberty'" in
New York, "point to independence," and guide the
judgment of their brethren in every part of the Conti
nent. Nor were their appeals disregtxrded. Thc seed
which Avas thus sown "fell in good ground ;" aud, from

1 Bancroft's United States, (First Edit.,) A',, ]i, 284.
2. In an Essay, signed 'Freeman'— one of several in different numbers of
that paper— in Holt's A', r. Caxrite, Nos. 1170, 1171, and 1173.

71
Maine to (leorgia, the golden harvest which, soon
afterwards, graced the hdls ami valleys ofour country,
ficspoke .the industry as well as thc skillfuluess of thest.'
laborers in thc cause of Freedom tmd Independence.
"Such Avere the Avords," says the author, to Avhom 1
have already referred,' speaking of this document, by
Scott, "in Avhich the sober judgment of New York em
bodied its convictions. They Avere caught up by the
impatient colonies ; Avere reprinted in nearly all their
ncAvspapers ; were approved of by the most learned
and judicious on this Continent ; and even formed part
of the instructions of South Carolina to its agent in
England." Throughout the entire Atlantic seaboard arose, at
once, the busy note of preparation ; and stamps and
stamp-masters were alike threatened with the ven
geance of the colonists. New York, in this, as in all
other practical movements, as may be supposed, was
not a Avhit behind the most audacious of the other col
onies. The royalist governor, Colden, speaking of the
state of the colony at that time,^ says, "virulent papers
Avere published in the Weekly Newspapers, fiU'd Avith
every falshood that malice could invent to serve their
purpose of exciting the People to disobedience ofthe
Laws and to sedition. At first they only denyed the
authority of Parliament to lay internal Taxes in the
Colonies, but at last they have denyed the Legislative
Authority of the Parliament in the Colonies, and these
Papers continue to be published."
The resolute firmness of the Liberty Boys 'in New
York, at this time, can be seen in the foUoAving ex
tract from a letter^ written by- Lieutenant-governor
f Bancroft'-/ United States, (First Edit.,) V., p. 284.
2 Lieut Gov. Colden to Sec'y Conway, 23 Sept., 1705.
3 Lieut. Goi/. Colden to Sir AVm. Johnson, Ang. 31, 1705.

72
Colden to Sir William Johnson : "No doubt you have
heard of the riot at Boston," he says, "and of the Se
ditious discourses & threats at New York. .James
McEvers has accepted the Oflice of Distributor of
Stamps, and entered into Bonds. Yesterday (August
30) he sent me his Resignation of this Ofiice, being
terrified by the sufferings & ill-usage the Stamp Offi
cer met with in Boston, & the threats he has receiv
ed at New York." On thesame day Gen. Gage Avrote
to the Governor,' then at his country seat on Long
Island, respecting the temper of the people ; and, on
the 2d September, the latter answered, asking for a
military force to protect the Government." "A Weak
Force," he said, "which the seditious can have any hopes
of overcoming may be productive of great miseheif
I therefore think that if it can be done Avithout pre
judice to his Majesty's Service, a Battalion may be
necessary on this occasion, in order to cut ofi' all hopes
of success in any seditious attempts, oi-, if such a num
ber can not be had in time, I am of opinion that it
may be proper to order as many as circumstances Avill
allow, to march immediately to New York, and that
they who are nearest, or least wanted march without .
delay." On the folloAving day, impressed stdl more
strongly with the necessity to jjrovide protection from
the threatened violence of the people, he addressed a
letter to Captain Kennedy, of His ^Majesty's ship, the
Coventry,^ stating that plans had been laid for tlie de
struction of the Stamps, and strongly soliciting his as
sistance in protecting them.
Early in Septeraber, 176;"), thc Liberty Boys in An
napolis, Maryland, took nuMsures to rid themselves of
^TTlcn. (iage to Lieut. Gov. (.'olden, Aug. :ll, 1705.
2 Lieut, fiov. Coldeu to Gen. Gage, Sept. 2, 1705.
3 Lieut. (!ov. Colden to Cai>f. K'eniiedy, Sept. 3, 1705. (Colden M.SS..
^eio York Historical Sue'iclfs Library.^

73
the presence ofZacharitis Hood, the Stamp Master, who
had been ap[)ointed for that Colony, and they compell
ed him to seek refuge in this city.' As soon as his ar
rival at the King's Arms Tavern became knoAvn to the
Sons of Liberty in Ncav York, "a design was formed
to force a resignation from him, which he escaped the
moment before it Avas to be putin execution, by retireing
into the Fort.'"" The appeal Avhich Avas made to Gov.
Ctdden,^ and his reply to the fugitive stamp master,'' are
amusing specimens of epistolary correspondence : but
the King's service required the protection of Hood,
and the Governor granted him a shelter. But the guns
of the Fort and its garrison did not long divert
the Sous of Liberty from their object ; nor was
the shelter which the royal Governor had extended to
the fugitive, more productive of safety than the parlors
of the King's Arms. A large delegation from the
Sons visitecl him, soon afterAvards, and compelled him
to resign; and, on the 28th November, notwithsttmd-
ing the King's colors floated over his place- of refuge,
they compelled him to make oath of the sincerity of
his renunciation.' The Sons of Liberty in Baltimore,
in the following March, sent a formal letter of thanks
to the Sons in New York, and the matter ended."

1 Lieut. Gov. Colden fo Sec'y Conway, 23d Sept. 1765 ; Eddis's Letters,
pp. _, _, Bancroft's United St.afes, V., p. 315; Leake's Life of Gen.
Lamti, p. 21.
2 Lieut. Go\. Ccilden to Sec'y Conway,. 23d Septeniber, 1765.
3 Zacharias Hood fn C. Colden, from the King's Arms Tavern, Sepf. 10,
1705. (Colden MSS., X. Y. Historical Society's Library.)
i Lieut. Gov. Colden to Zacharias Hood, at the Kinfs Arms Tavern.
Sept. 1765. (Colden M,SS., X. Y. Hist. Society's Library.)
5 Leake's Life of Gen. Lamb, p. 21.
C Thq. Chase, AVm. Lux, D. Chamier, Rob. Alexander, and Rob. Adair,
"to the Sous of Liberty in New York," "Baltimore, 0 March, 1700," in
the "Lamb Papers,'' in M.S'.S,, X. Y,. Hist. Society's Library.

74
During this period — between the receipt of the in
telligence of the passage of the Bill, and the time it
was to take effect — the free press of Ncav York Avas
actively engaged in disseminating the most radical
sentiments on the great fundamental principles of gov
ernment ; on the relative rights and duties of the
government and the governed ; on the relative rights
and duties of the mother country and the colonies ; on
the character, purposes, and anticipated effect of the
obnoxious Act ; on the duties of the colonies in the
emergency ; and on other kindred subjects. In this
work the popular leaders resorted both to the estab
lished newspaper press — of Avhich "The New-York Ga
zette, and Weekly Post-boy", published on Thursdays
in each week, by John Holt, was the principal organ
V of the Sons of Liberty — and to special publications
designed for extraordinary occasions ; and the plan of
operations thus adopted, as well as the sentiments
which were thus thrown broadcast over the country,
were imitated, and responded to, in the different colo
nies of the seaboard, especially in Massachusetts, Yir
ginia, and South Carolina.
Thus, in September, 1765, " a political paper entitled
' The Constitutional Courakt,' containing Matters in
teresting to Liberty, but no loise repugnant to Loyalty ;'
purporting to have been Printed by Andrew Marvel,
at the Sign of the Bribe refused, . on Constitution-Hill
North America,'' was put into circulation. In the centre
of the title was a device of a snake, cut into pai-ts. to
represent the Colonies, with 'Join or die,' as a mot-
•1 Mr. Isaiah Thoinas (History of Printing, IL, p. S2-1) supposes this
sheet was called "Tlie Constitutional Gazette"; hut the copies which
Lieut. Gov. Colden enclosed to the Jlinisfers in England, and a. copy care
fully made from an original, (in Tale College,) for Hon. George Bancroft,
bear this titie ; and I .have considered tho authority of tho latter, unques
tionable. '

75
to. ' It contained ' Well written and spirited es
says against the obnoxious Stamp Act, Avhich were so
highly colored that the editors of neAvspapers in Ncav
York, even Holt, declined to publish them." It had
been written by William Goddard, and a large edition
secretly printed at Woodbridge, N. J. ; from whence
it had been convened, privately, to New York ; and,
through the agency of "haAvkers, selected for that pur
pose," it had freely circulated through the city. It had
a rapid sale ; Avas quickly reprinted, privately, both in
New York and Boston ; and, at length, it received the
attention of the Governor and Council. Every effort
of that body to trace it to the printer, hoAvever, Avas
fruitless ; and the Avitticism of one of the venders of
the paper, in ascribing its origin to "Peter Has senclev er's
Iron Works," furnished a nominal origin to the publi
cation, Avhich served, also, for others of the same class,
which subsequently appeared, on the same subjects.^
1 AVhen this device appeared on this paper, it was the first time it had
been employed in opposition to the Home Government, Dr. Franklin had
used it, in "Th.e Pennsylvania Gazette," May 9, 1754, as an incentive to an
union of the Colonies in opposition to the encroachments of the French ;
but not until the issue of the (7i9ijmre?,, eleven years afterwards, was an
union of the Colonies, to secure themselves from the .aggressions of the
Crown, thus insisted on. The next appearance of it was for the same
purpose, in the Boston, New York, and Philadelphia newspapers, in July,
1774. 2 A fuU and interesting account " of this publication can be found in
Tliomas's Eistory of Printing, IL, p. 322. Lieut, Gov. Colden (Despatch
to Secretary Conway, 19,th October, 17(35,) evidently referring to this sheet,
says, "The inflammatory Papers continue to be published, exciting the
People to oppose the execution of tho Act of Parliament for Laying a
Stamp Duty in.tbe Colonies. The most i-emarkable of these Papers is en
closed. This was distributed along the Post Roads by the Post Riders. I
examined the Post Master in this place to know how this came to be done.
He assured me that it was without his knowledge : that he had examined
the Post Riders, and fouud that one or more Bundles of them were deliv
ered at AVoodbridge, New Jersey, by James Parker, Secrettary to the Gen
eral Post Oflace in N. America * * * It is beleived that tiiis Paper
¦was printed by him. The Gentlernen of the Council think it prudent at

'76
The same sentiments were also inculcated in ballads,
Avith Avhich the streets of the city resounded, in oppo
sition to Grenville and the Stamp Act. . One of these.
the property of Henry T. Drowne, Esq., of this city, is
now before rae : "AN EXCELLENT
Bir:E3"^7V ISOHM'CSl-
For the SONS OF LIBERTY in
AMERICA.
By a Gentleman in the City of Ni;\v York.'"
It erabraces thirteen stanzas, with a chorus, the char
acter of all of which will appear from the following
specimens : I.
"In Story we're told, How our Fathers of old,
Brav'd the Rage of the Winds and the AVaves,
And cross'd the Deep o'er, To this Desolate Shore,
All because they were loth to be Slaves ; Bro.ve Boys,
AU because they were loth to be Slaves.
IL
Yet a strange Scheme of late. Has been form'd in the S(a(e,
By a Knot of political Knaves,
Who in Secret rejoice, that the Parliament's A'oice.
Has condemn'd us by Law to be Slaves ; Bra re Boys.
Has condemn'd us by Law to be Slaves.

XII.
¦AVith tbe Beasts of tiie AVood, AVe will ramble for Food,
And lodge in wild Desarts and Caves
And live Poor as Job, on the Skirts of the Globe,
Before we 'U submit to be Slave.s; Brare Boys, .{-c.

this time lo delay making mure /larliriilar im/uiry, lea.st if should be the
uccasiuu of raising the Mub, which it is thourpit prujur by all means io
avuiil." ' . '

77
XIIL
Tho Birthright we hold. Shall never be .sold.
But sacred maintain'd fo our Graves ;
Nay, and ere we '11 Comply, AVe will gallantly die.
For wo must not and will not bo Slaves; Brave Boys
Wo must not, and will not bo Slaves.''
While these fugitive sheets were spreading treason
throughont the city and colony, especially among the
poorer classes of the people, with Avhom this class of
publications has ahvays been a great favorite, the "solid
men" of Ncav York — merchants and tradesmen — Avere
similarly supplied through the columus of the ncAA'spa-
per press.' A single specimen beyond those already
referred to, will suffice in sustaining this remark. In a
''Genercd Advertiser" for Holt's "Netu York Gazette aiuh
Weekly Postboy," Yo. 1183, Thursday, September 5,1
1765, appeared an article, from wdiich I extract the
beginning and part of the conclusion : "The 7th of
February 1765, died of a cruel Stctmp on her Yitals,
Lady N^tli Am  can Liberty. She Avas descended
from the ancient and honorable Family of the Bulls.
Her Father John Bull, Esq. ; married her, agreeable to
her own desire, to a worthy Gentleman of noble Blood,
tho' of no large Fortune, whose name Avas Toleration,
and gave her in Dower a certain Tract of uncultivated
Land, which she called after her Name, N — th Am  ca,
which she with her Husband came and took Possession
of, with this additional Grant, that she, her Childreu
and dependants, should enjoy all the Liberties and
Immunities of natural-born Subjects of him the said
1 "Soon after it was known th.at Stamp Dnties were by Act of Parliament
to be paid in the Colomes, viriUent papers were published in the AVeekly
New.spaper.s, fill'd with every falsehood th.at m.alice could invent f o serve
their purpose of exciting the People to disobedience of the Laws and to
sedition. At first they only denyed the authority of Parli.amcnt to lay
internal Taxes in thc Colonies, but at last they have denyed the Legislative
Authority of the Parliament in tiie Colonies, .and these P.apers continue to
be published." Lieut. Gov. Colden to Sec. Comoay, "NewYork 23 Sep-
ember, 1785."

(y

t/'^

y

78
John Bull." * ¦=^- ¦* •=• " Thus died the most
amiable of Women, the best Wife, the most dutiful
Child, and the tenderest Mother — Happy for her Fam
ily, she has left one Son, who Avas the Child of her
Bosom and her only Hope; him she often said she pro
phetically named I-d-p — d — ce,' and on him the Llopes
of all her disconsolate Servants are placed for relief
under their Afflictions, Avhen he shall come of Age."
* -X- -;;-
In consequence of these movements among the Sons
of Liberty, the populace was fully prepared to resort
to any extremity which might be necessary to protect
the rights of the people ; and the Government Avas so
far intimidated that no steps Avere taken either to stop
the circulation of these publications or to punish their
authors. The venerable Lieutenant-governor, writing
to the Home Government,^ says : "I agreed AA'ith the
Gentlemen ofthe Council that considering the present
tempter of the p'eojJe this is not a proper time to prose
cute the Printers and Publishers of the seditious Pa
pers. The Attorney General likcAvise told me that he
does not tMnk himself safe to coramence any such
Prosecution. But Avhat weighs Avith me is, that I am
fully persuaded some of the most popular lawyers^ are
the Authors of the seditious Papers, and have been
countenanced by some of the Judges and others of the
highest Trust in the Governm' No Man AA'ho con
verses generally and knows the characters of the Men
doubts Avho the Authors are, but in the present circum
stances it is not practicable for rae to obtain legal evi
dence."

1 Independence.
3 Letter to Sec'y Conway, Sept. 23, 1705.
3 AVhen it is borne in mind tiial^ the "most /io/,ular lawyers" were AVil
liam Smith, Jr., AVilliam Livingston, John Aloriu Scoff, and Rob'tR. Living
ston, tbe part which tbe (yo«,i of Liberty performed in fhis work willbe
readily perceived.

79
At length the time drcAV nigh when the first ship
ment of stamps Avas expectcd in Ncav York ; and, al
though the Home Government had shipped them
secretly,' in order that the London Agent of the Lib
erty Boys might not knoAV in Avhat vessel they were to
be sent, and that the Ncav Yorkers might be throAvn
off their guard, the jealous care of Lieutenant-governor
Colden considered it necessary to provide other and
most extraordinary means for their protection. The
venerable Chief Magistrate of the Colony thus relates
the circumstances' in his despatches to the Home Gov
ernment : "The People of this place having openly de
clared their intention to destroy the stamped papers
designed for this Province, I desired the Captains of His
Majesty's Ships of War, noAV in the River, to protect
the ship in Avhich they should come. For this purpose
a sloop Avas placed at Sandy-Hook and a Frigate mid
way between that and this place, while the Coventry
layd before the Toavu. By this care, the ship Edward,
Davis Commander^ having ten packages of stampt
papers on board, Avas brought to an anchor under the
guns of the Fort and protection of His Majesty's Ships."
Intelligence of the arrival of the Stamps was quickly
circulated throughout the city ; and, in every quarter,
the greatest anxiety prevailed— all the Shipping at the
Wharves receiving the ncAvly-arrived, Avith their colors
at half-mast, " to signify Mourning, Lamentation, and

1 "They were ship'd so privately, that not a Pa.ssenger in the Ship
knew of their being on board, till a Man-of- AA'ar here came on hoard to
take Oare of their Security." Holt's X. Y. Gagette and Weekly Postboy,
No. 1190, Oct. 24, 1765.
2 "On Tuesday evemng (October 22, 1705) arrived ihe Ship Edioard,
C.apt.ain William Davis, in nine AVeeks from London, and six AVeeks and
tiiree D.ays from F.almouth. * * -* * Capt. Davfs, who brought us,
last A'oy.age, tho News tii.at the Stamp Act was passed, has brought the
Stamps themselves, intended to enslave us." Holt's "X, Y. Gazette and
Weekly Postboy,'' No. 1190, Oet. 24, 1765,

80
Woe" ; '- and every citizen feeling the responsibility
which had devolved on him to meet the issue as a man
and an Englishman.
Not the least anxious among thc many was the Lieu
tenant-governor, Avhose zeal for the Royal cause never
flagged behind his own intense love of gain. Fully
sensible of the popular feeling, as he had ahvays been,
he hesitated in the execution of his desire to land the
Stamps ; and hc sought the advice of the Council, be
fore he incurred any risk in the premises. That body,
hoAvever, Avisely disregarded the summons — three onl)-
out of seven responding ; and these declined giving
any advice, from a fear of personal liability Avhich
such a step might impose on thera. -
It appears that the ten boxes of stamps had been
shipped as merchandise, at different times, probably
Avithout the knowledge of the Captain ; and they had
been stowed in dififerent parts of the ship, Avithout any
regard to their character. To bring the ship to the
wharf, and aAvait the discharge of the cargo before se
curing the ten cases, was known to be equivalent to a
surrender of them to the people; Avhile a detention of
the ship in the stream, until the cargo could be over
hauled and the boxes discharged, exposed those Avho
advised and ordered such a course, to an action for
damages, by every person Avho had goods on board  a
risk, under the then state of the public mind, which the
learned Councillors Avould not assume. They ventured
so far, hoAvever, as to advise the Lieutenant-governor
"to hire a sloop to take the goods on board till the
packages of stamped Papers could be come at" ; and

1 I-Iolt's "A'. Y. Ca^efle and Weekly Postboy," No. 1190, Oct. 24, 1705.
2 Lieut, Gov. Colden to Sec'y Conway. Oct. 20, 176,'j.

81
he appears to have grasped at this remedy without de
lay. Yet the troubles of the Lieutenant-governor ceas
ed not here. The Merchants owned the sloops AA-hich
he desired to employ ; and as the Merchants, as he
learned soon afterAvards, were among the most deter
mined opponents of the Act, he quickly ascertained
that "no sloops would be hired at any' rate for this
service." ' He found that instead of receiving the sym
pathy and co-operation of the business men of the city,
he was but throwing himself into the hands of the lead
ers of "the faction," of which he had written so much
aud so bitterly ; and, in his perplexity, he Avas constrain
ed to say, "His Majesty's Ministers are the best judges
of the means to curb this licentious factious spirit :
If it be -done in the trading towns the Country will fol
lpw."'^ He had "resolved to have the Stamped Papers
ready to be delivered at the time the law directed,"
however ; and fearing to impress a sloop lest a riot
should be produced, assistance of the crews of the
men-of-war was solicited and obtained,^ and, with their
aid, the stamps were landed and deposited within the
fort, without any opposition from the citizens.''
While the Chief Magistrate of the Colony was thus
anxiously employed in securing the Stamps, with an
expressed' determination to issue them on the day ap
pointed by the Act, the Sons of Liberty were employed,
with no less zeal, in providing means to prevent the
execution of the LaAv ; and, among other measures to
effect that object, on the evening of the twenty-third
of October — the night after the Edivard came into the
harbor — ^manuscript placards were "pasted upon the

1 Lieut, Gov. Golden to Sec'y Conway, Oot. 26, 1765.
2 Ibid.
8 Ibid.
4 Lieut. Gov. Colden to Sec'y Oonway, Nov. 5, 1765.
6

82
doors of Every public Office, and at the corners of the
streets" — all in the same words— the exact language
of Avhich Avill convey, in the fewest AVords, the mean
ing of the Avriters : '
"Pro PatVia
The first Man that either distributes or makes use of
Stampt Paper let him take Care of his House, Person,
& Effects. ^^ ^^ox Populi
W(3 dare "
Onthe thirty-fi-rst of October, the Governors ofthe
several Colonies took the required oath to carry the
Act into effect ; although there Avas no one so mean,
;iud yet so courageous, as to attempt to execute it.
There Avas no lack of desire, hoAvcA^er, on the^ part of
(Inv. Colden, to discharge his duty to his Sovereign ;
and, notwithstanding the experience of McEvers, his
son David applied for the situation of Stamp-master,
proraising to execute the duties ofthe office, and assur
ing the Government that "the neighboring ProA'
inces have their Eyes fixed upon this Province, &
what ever is done here will determine their Conduct
on this occasion."- j\Iajor J'ames, also, who had arrived
in the city, at the head of tAvo companies of,&rtillerists,
had sustained the Governor, by his actiA'e preparations
for defending the Fort ; while an insolent remark
which he had made — that "he would cram the stamps
doum their throats wifh the end of his sword," — and
a threat that " // tkey attempted to rise, hc would.
drive them alt out of the town, for a piack of rascals,
with four-and.-twenty men," filled the people Avith in-
I Lieut, (-iov. Colden, to Sec'y Comvay, Ort. 20, 1705.
2 David Coldeu to the Commissioners ofthe Stamp Office, New York,
Oct. 20, 170.-|. (The Culden /l^-^'s'.," New York Historical Society's Li
brary.)

83
dignation, and excited them to violence.^ With a de
gree of bold defiance, which has scarcely ever found
a parallel, the Sons of Liberty published beforehand ^
that on the first of November, when the Act was to i
 — ^
{_r/It has been maintainedi by a connexion of Major James, that that oflS
cer w.as incapable of such language as I hSve here imputed to him ; and I
have carefully examined tho evidence in order to satisfy myself which of
the two — my own statements or the convictions of my friend and those
who agree with him — are nearest the truth. On the part of the people I
find it distinctly stated in HoLr's "N,, Y. Gazette and Postboy, No. 1192,
Thursday, Nov. 7, 1765," that "The haughty Friends to arbitrary Power"
were encouraged "to talk in an impassioned Strain — to speak contempt
ible of our Power and Resolution, and either in jest or earnest declare the
Act sliould he executed, that it should be crammed down our Throats, <&c.
It is dangerous even to jest upon Matters that lie so very close to the
Heart. Whether these Reports were true or false, I know not ; but many
snch had been current for some Time about Towh, and were imputed to
several Persons, one of whom severely felt the Eflfects." Lieut. Gov. Col
den also re^s to this subject, in a letter to Mr. Grenville, under date,
"Xeio York, October 22, 1768," in these words: "Major James, ofthe
Artillery regiment, in 1765, carried into the Fort, without my Knowledge,
while I was in the country, several howitzers with their shells, and other
artillery, ammunition and stores. This gave the first uneasiness to the peo
ple, and some imprudent discourse he used at that time raised their resent
ment more against him than any man in the Province, so far that he did not
think it safe to continue in it." (Grenville Papers, IV., pp. 386-7.) But
more important than either of the above, is the language of Major James
himself, in a letter which he addi-essed to Lieut. Gov. Colden, after his
return to England. In this letter he narrates his examination hefore the
Bar of the House of Commons, concerning which he says, it "came on a
Ifttle before nine and lasted past eleven.
"Mt aoottsations. — I threatened to cram the stamps down their throats
with fhe end of my sword. Second, li they attempted to rise, / ijoould
drive them all out of town, for a pack of rascals, with four-and-twent'y
men. Third, That I had in contempt to the gentlemen, thrown an Alma
nack into the fire, that had not been stampt. Fourth, That I had turned
some ladies and gentiemen off the ramparts'of Fort George, because they
shoiild not see the works I was carrying on. Fifth, That I had been over-
officious in my duty.
"When the questions were put to me, / answered in the afflrmative."
(Golden Papers, in the collection of the Eon. George Bancroft, of New
Yorh,) Upon this testimony, much as I respect Major James' general charaoter,

84
take effect, they would rise against the Government,
and bury Ma,]' or James alive.'
In the meantime, the Merchants of NeA\' York,
among Avhom were several of the leading Sons of
Liberty, with that good judgment which becomes
the profession, took measures to assail the Bill in a
novel and exceedingly sensitive quarter. They resoh'
ed to attack the manufacturing and mercantile classes
of England, — or rather the Government through
them,— and by, provisionally, cutting off the trade
which had been built up between New York and Great
Britain, they expected to secure the co-operation of
the merchants, the manufacturers, and the artisans of
the mother country, in their attempt to secure the re
peal of the Act. For this purpose, on the evening of
the .31st October, 1765, "a general Meeting of the
Merchants of the City of Ncav York, trading to Great

I am constrained to believe that, in the excitement ofthe moment, he used
language which, in his calmer moments, he should have remembered v.-ifb
regret ; vet as these indiscreet remarks were productive of very import
ant results, I have not felt at liberty either to modify or overlook them.
1 "The people here are prodigiously discontented, aud their actions are
but a little w.ay from open rebellion : Tliey talk publicly of attacking Fort
Ceurge, and burning the stamps." Letter from Xcio York in the London
Clirunicle, No. 1401, Dec. 12, 1705. "FoE'r (teouge, October 81, 1705.
"Sir: Tlie bearer hereof .Johu Bridge informs me fli.af he was told
tliis morning by one .Iohn Ketch.am, a Shoenijiker in this City, that there
was a design to bury Major -James •alive this Day or Tomorrow, Ihave
likewise been otiierwise inform'd tli.at a Riot or Tumultuous Prococding.-
wci'c intended this Day or Tomorow. 1 must desire you will Examine
Bridge it Ketcliani, and that you & lhe other ^Magistrates will do everv
tiling iu your ])0wer to ]U'Ovout a Alob or Riot, and to preserve the Pence
,^: Order of (be ('ity, and in so doing, iu Case it be requisite, I shall give
you all the assistance in my Pon er to maintain the Peace.
I am wifh great Regard ic.
To John Ci'u-cr, V,^n„ CADAVALLADER COLDEN.
Mayor of tbe City of New York."

e-

85
Britain," was held at the City Arms Tavern, kept by
George Burns, — uoav thc Avell-kuoAvn "Atlantic (i;ir-
den," in BroadAvay, — "to consider Avhat Avas necessary
to be done in the present Situaticm of Affairs, Avith Re
spect to the Stamp Act, and the melancholy State of
tiie X. American Commerce, so grciith' restricted by
the Impositions, and Duties established by thelate Acts
of Trade." After due consideration the meeting r
solved, "First, That in till Orders the}' sent out to
Oreat Britain, for Goods or Merchandise, of any Na
ture, Kind, or Quality Avhatsoever, nsually iraported
from Great Britain, they would direct their Correspond
ents not to ship them, unless the Staimp Act Avas re
pealed. It was nevertheless agreed, that all such
Merchants as were oAvners of and had vessels already
gone, and cleared out for ( Ireat Britain, should be at
liberty to bring back in them, on their own Accounts,
Crates and Casks of EarthenAvare^ Grindstones, Pipes,
and such other bulky articles as OAvners usually filled
np their Yessels with. Secondly, It was further,
unanimously, agreed' that all Orders already sent Horae,
should be countermanded by the very first Convey
ance; and the Goods and Merchandise tliereby ordered
not to be sent, unless upon the Condition mentioned in
the foregoing Resolution : Thirdly, It was further,
unanimously, agreed that no ^Merchant would vend
any froods or Merchandise sent upon Commission from
Great Britain, that should be shipped from thence after
the first Day of January next ensuing, unless upon the
¦Condition in the first Resolution ; and, l^urthly, It
Avas further unanimously agreed, that the foregoing
Resolutions should be binding until the same Avere
abrogated at a general Meeting thereafter to be held
for that purpose." These Resolutions Avere immediate
ly signed by "upwards of Tavo hundred principal

86
Merchants" ; and an inter- colonial Committee of Cor
respondence of five Sons of Liberty — Isaac Sears,
John Lamb, Gershom Mott, William Wiley, and Thomas
Robinson — was appoihted to secure the co-operation of
the merchants, in other parts of the country, in this
novel crusade against the Home Government.^ I may
be permitted, in passing, to invite the attention of the
Society to the date when, and the place where, this
SECOND committee OF CORRESPONDENCE loas appointed ¦
and to remind it that the pretensions of Massachusetts .* .*
and Virginia to the honor of originating these well-
known bodies, are based on appointments made many
years afterwards — the one in 1770, the other in 1773.
Leaving this subject in the hands of the historians of
New York, who are now before me, I trust this
city will receive at their hands, hereafter, what
she has never yet received — the honor which properly
belongs to the originators and sustainers of the great
system of intercolonial correspondence, through the
medium of regularly constituted Committees.
But to return. The Merchants of New York having
entered into an agreement of Non-Importation, as just
stated, the Retailers, also, entered the field, and subscrib
ed the following pledge: "We the underioritten,
Retailers of Goods, do hereby promise and oblige our
selves not to buy aiiy Goods, Wares, or Merchandise.
of any Person or Persons whatsoever, that shall be
shipped from Gi'eat Britain, after the fiist day of
January next, sinless the Stamp Act shall' be repeal
ed. As Witness our Hands, October 31, 1765.""
1 Holt's NewYork Gazette or Weekly Postboy, No. 1192, Thursday,
Nov. 7, 1765; Boston Postboy and Advertiser, Nov, 11, 1765; Edes .%
Gill's Boston Gazette and Country Journal, Nov, 11, 1765 ; Leake's
Life and Times of Gen, John Lamb, pp. 14, 15 ; Dunlap's History of New
York, I., p. 419: Bancroft's History of the' United States, A'., pp. 851-2,
2 Ibid.

87
Thus Avas all trade Avith the mother country provis
ionally cut off; thus, in the AVords of one of our num
ber,' "a city, built onthe ocean side, the chosen home
of navigation, renounced all commerce ; a people, Avho,
as yet, had no manufiictures, gave up every comfort
from abroad, rather than continue trade at the peril
of freedom." - It was the first bloAV Avhich Avas struck
at the trade and industry of (i reat Britain ; and Avell
might Benjamin Edes appeal to the people of Massa
chusetts, through the columns of the Boston Gazette ¦',
1 Bancroft's United States, A'., p, :!:j2.
2 It may interest the reader, and serve a useful [lurjiose, by inquiring in
tbis place, how this "Xon Importation Agreement" was ob.'-erved by the
respective Colonies, in order that by ijomparison, it may be seen how New
A'ork has fired in the hands of those historians whose works have tended
to thi;ow all the honor of the Eevolutionary struggle on other, and less
faithful. Colonies. Por this purpose the foUowim., table has been extrad •
ed from official som-ces, and the attention of the reader is invited thereto.
I.MPoKTs into the Colomes from England duiiog the years 1764, 1765 and 1766, with
the relative decrease, per centaai, daring tbat period.

Colonies.

1764.

1765.

1766.

Deo.

Irom

F'rm. England. | F'm. Scotland.

1764 1 1765

New-Kagland... New-York 
Pennsylvania...
Maiy'd t Virg'a
N. C'a-tS.C'a.
Georgia 

£469,765 0 11
515,416 12 1
435,191 14 0
515,192 10 6
805,808 1 6
18,838 2 11

£451,299 14 7
382,3(9 11 11
863,868 17 5
.383,224 13 0
334,709 12 8
29,165 16 9

£409,642 7 6
830,829 15 8
327.314 5 8
372,548 16 1
296,732 1 4
67,268 5 5

£9,773 6 1
2,088 11 5
6 854 7 4
147,180 11 10
11,770 15 0

8.75
35.40
23.21 inc.
Inc.Ino.

7.00
12.92 8,03
IDL-.7.08
lac.

From this it will be seen that, while the intercourse with England was
interrupted, some traded, indirectly, with lier through .Scotland, and some
even through Ireland. The returns of the latter I have not found : those
of England and Scotland cmivey iraportant information, however, of whicb
New York bas no reason to be ashamed, even in the silence, concerning
her merits, with which tbe historians of the Revolution ha've passed her.
.3 "To TUB Peintee. The patriotic Conduct of the Gentlemen in Trade
at Jfew York, from the beginning of our Troubles, more especially in fhe
late Agreement to Countermand any Orders for Spring Goods from Britain,
and not to forward others, but conditioned, that tho Stamp Aet is repealed,
cannot be too much admired. M.ay fhe Merchants and Traders of the
Massachusetts Bay proceed in the Prosecution of so judicious a pl.an, and
thus evince to the World that tiiey aro as disinterested and wise as their
Neighbors — A beginning being made, the Spirit will Ketch from Town to
Town and Pro\'ince to Province, than which nothing can contribute more
to a speedy Redress of our Grievances." Communication in Edes & Gii.i.'s
"Boston (fazette," Nov, 25, 1765,

y

88
nearly four weeks afterwards, to incite them to second
the effort.
The Merchants of the city of Philadelphia,
prompted by the example of those in Ncav York,
adopted the Agreement on the Mth November ;'
and those of Boston, urged forward by.the Liberty
Boys in that town, reluctantly fell into the measure, on
the 9th of December.^
Onthe same evening, {^Oct. 31, 1765,) while the
Merchants "trading to Great Britain" were thus "point
ing to Independence," at the City Arms Tavern, the
people — tradesmen, mechanics, seamen, and working-
men — assembled in mass on that true "cradle of Amer
ican liberty," the Common — now the Avell known Park
— for the purpose of expressing their sympathy with
the common cause. It was, evidently, a spontaneous
outpouring of the masses of the people ; but as their
great leaders were mostly attending the meeting of
Merchants at Burns', they contented themselves, not-
notwithstanding the opposition of the Magistrates, with
marching in procession down the Broadway to the
gates of the Port — near which the City Arms Tavern
stood — and thence, through other principal streets of
the city, to their place of meeting, when they quietly
separated and returned to their respective homes. Not
withstanding the demonstration Avas, undoubtedlv, in
tended to .give countenance to the moveraents of the
Merchants, by passing in front of their place of meeting,
while it was in session, the government Avas throAvn into
considerable consternation, and expected an attack on

1 Holt's' "NewYork (razette or AVeekly Postboy," No, 1194, Xov.
21, 1765.
2 Holt's "NewYork (iazeffe or AA'eekly Postboy,"' (Extra,) No. llfi.'i,
flee. 37, 1705.

89
the Fort — an idea which, probably, never entered the
mind of any who Avere outside its Avails. '
The next day Avas flic never-to-be-forgotten first of
November ; and, iii Ncav York — Avhich had Ijecome
"the most refractory eity on the continent," ^ — "the
Avhole city rose up as oue man iu opposition to the
Stamp Aet," ^ The obnoxious papers had been landed
some da}'s before, .and lodged foj- safety in the Govern
or's house, within the Fort ;* manuscript Placards had
been posted ou the doors of every public ofiice in the
city, and at the corners ofthe streets ;' incendiary es
says filled CA^ery ncAvspaper Avhich Avas printed there ;"
and threats of Adolence, previously circulated, had been
confirmed by the preparations for the occasion, Avhich
were every wljere apparent.'' The seamen abandoned
the shipping, for the day, to join hands with the peo
ple on shore, notwithstanding the Non-Importation
league, into which the latter had entered, would de
stroy the commerce through which the former earnisd
their support.® The people from the country, "flocked
in by thousands," also, like the children of Israel to
ward the temple of Jerusalem, to lay, on the altar of
the nation, their offerings to the Lord." As the day ad-
1 "That evening a large Company suddenly assembled and marched to
the AValls of Fort George ; and from thenee thro' several Streets in the
City. The Magistrates appeared, and endeavoured to disperse them, but in
vain. After a short Time tbey suddenly dispersed -of themselves, with
out doing any mischief." Holt's X. Y. Gazette, No. 1192, Nov. 7, 1765.
2 Ibid.
3 Ibid.
4 Ibid.
5 Ibid.
6 Ibid.
7 Ibid.
S Holt's X, Y. Gazette or Postboy, No. 1192, Nov. 7, 1765.
9 Gen. Gage, cited by Xv. Bancroft, (History of the United States, Y ..
p. 355; Holt's X. Y. G-azetfe, No. 1192, Nov. 7, 1765.

90
vanced the authorities began to entertain fears of their
own safety ; and Lieut. Gov. Colden solicited, from
Captain Kennedy, a file of Marines from the Coventry,
to Btrejigthen the Garrison,^ while other extraordinary
measures, for the defence of the Fort, Avere adopted,
under the direction of Major James.
"During the Day," in the language of one of the
chronicles of the times/ "many Letters were sent and
found, and Papers stuck up all over the Town, some of
them in a good Stile, threatening Destruction to every
Person and his Property, who should apply for, deliver
out, receive, or use a Stamp, or should, delay the Exe
cution of any customary public Business without them."
One of these, which was posted in the Merchants' Cof
fee Iiouse, and, "after remaining there .good part of
the day was deliver'd at the Fort Gate in the Evening
by an unknown hand," Avill show the character of all
of them, and I submit a copy of it for the information
of the Society : —
"To the Hon"'^ Cadwallader Colden Esqr. Lieutenant-
governor of the City of New" York :
Sir : The People of the City and Province of New
York have been informed that you bound Yourself
under an Oath to be the Chief Murderer of their Rights
and Pri'vileges, by acting as an Enemy to Your King
and Country, to Liberty and Mankind, in the enforce-

1 "FouT George, .Nov. 1st, 1766.
"Sir — The Magistrates of this City have Inform'd aie that they are ap
prehensive of a Mob this night. As we have not a sufficient number of
the Regular Troops to secnre tiie Fort, & at the same time to suppress
any Sedition, I must beg the favour of yonr sending the Marines on board
his Majesty's Ships to reinforce the Troops in the Fort.
I have the honor to be, CADAVALLADER COLDEN,"
iColden .MSS. in X. Y, Hist. .Society's Libr.iru.t
2 Holt's N. Y. Gazette or Postboy, No. 1192, .Nov. 7, 1765 ; Lieut. Gov.
Colden to Sec'y ConT\ay, Nov. il, 1765,

91
ment ofthe Stamp Act, Avhich Ave are unanimously de
termined shall never take place among us so long as a
.Man has life to defend his injured Country. Thus
Avicked Men of old conspired ag' Paul an Appostle of
J. Christ and bound themselves under a curse that they
would neither eat nor drink till they had .killed' him;
but God defeated their bloody purposes, as Ave trust
lieTl do Yours, and Saul Avas delivered. How it fared
Avith his intended assassins history does not certainly
inform us ; but we cau with certainty assure you of
your fate, if you do not this Night solemnly make Oath
before a Magistrate & publish to the People, that
you never Avill directly nor indirectly by any Act of
yours or any person under Your influence, endeavour
to introduce or execute the Stamp Act, or any part of
it, and that you Avill to the utmost of Your power pre
vent its takeing effect here, and endeavour to obtain a
Repeal of it in England. So help you God.
We have heard of your Design or Menace, to fire
upon the Town in case of disturbance, but assure your
self that if you dare to perpetrate, any such murderous
Act, you'll bring your grey hairs with sorroAV to the
grave. You'll die a martir to your own Adllainy, and
be hanged, like Porteis upon a Sign Post, as a memen
to to all wicked Gove-rnors, and that every man that
assists you shall surely be put to death. New York."'
The effect of this paper on' the Lieutenant-governor's
mind, after its delivery at the Gate of the Fort, in the
evening, will be noticed hereafter ; and I pass to an
examination of the events of the evening.
I hold in my hand a relic of that period — a letter from a
young mechanic in this city, to a friend, in the country,

1 Enclosed in Lieut. Gov. Colden's despatch to Sec'y Conway, Nov. 9,
176.5.

92
dated "New York, November 2, 176.5," — which has
been loaned to me for this purpose, by our friend, Mr.
Abraham Tomlinson, from Avhich it appears that the
request which Lieutenant-Governor Colden had made to
General Gage, onthe 2d September,' for reinforcements
of troops from the neighboring posts, had been com
plied wilh, and a detachraent from Turtle Bay had been
added to the Garrison. The cannon of the Fort had
been turned on thetown, and loaded Avith musket-balls
— two of the number having laeen placed near
the gates, to protect them frqra the threatened as
sault ; the cannon whicii belonged to the Merchants', and
which, as at the present day, graced the entrances to
their counting-rooms orthe decks of their vessels, had
lieen spiked by the Lieut. Governor's orders, to prevent
the people from using them against the Fort ; guards
were planted around the Jail, under the supposition
that the freemen o'f the city Avould seek the aid of fel
ons to secure the rights of America ; and Major James'
residence also Avas protected by a g.uard of fifteen ar
tillerists.^ These imposing preparations, on the part of the
Government, however, did hot, in any Avay, intimidate
the people ; and, at an early hour in the evening, they
assembled, in great numbers, on the Common, or, a.-;
we would say at the present day, "in the Park,'" It
Avas a lovely night, although it Avas very dark ; ;ind
not a breath of Avind disturbed the torches or the
candles with Avhich the Common Avas illuminated.
Tlie assemblage, unlike that Avhich had raet at tlie
same place, on the preceding evening, Avas noAv accom-

1 Lieut, (lov. Colden to (ien. Oago. iSejif. '22, IJCCt.
3 Holt's N. Y. Cazeae or AVeekly Postboy, No. n\r2. Nov. 7, 1765:
Manuscript Letter from ".A'c/n )'ork, Xur. 2, 17i!5." *

:)3
panied by the popular leaders ; and the most active
preparations Avere made, under their directions, to se
cure for the ineeting that attention Avhich the import
ance of the occasion demanded. In this object, the
most complete success attended their efforts ; and from
that time to the present this meeting — considered in
itself as Avell as in its results — has never failed to arrest
the attention of the student of American history.
One of the faithful chronicles of the times,' contem
porary with the event, thus describes the meeting ; and
nothing Avhich I can say will add to the interest it will
excite :
"About 7 o'clock in the Eveniflg two Companies ap
peared, one of them in the Fields, when a moveable
Gallows was erected, on which Avas .suspended the Ef
figy of a Man Avho had been honoured by his Country
with an elevated Station, but whose public Conduct
(supposed to aim at the Introduction of arbitrary
Power, and especially in his officiously endeavouring to
enforce the Stamp Act, universally held by his Majes
ty's faithful and loyal Subjects in America, to be un
constitutional and oppressive,) has unhappily drawn
upon himself the general Resentment of his Country.*
The Figure Avas made much to resemble the Person it
was intended tp represent. In his Hand was a stamp
ed Paper, which he seem'd to court the People to re-
 ^  *  # 
1 Holt's N. Y. Gazette or Weekly Postboy, No. 1192, Nov. 7, 1765.
For otiier accounts of this affair, see Lieut. Gov. ColdBn's despatch to Sec'y
Conway, Nov. 5, 1765 ; the same to the Lords of Trade, Dec. 6, 1765 ;
Edes ifc Gill's Boston Gazette, Nov. 11, 1765 ; The Boston Postboy and
Advertiser, Nov. 11, 1765 ; Dunlap's History of New York, I., p. 419 ;
Bancroft's History ofthe United States, V., pp. 855-6; Graham's History
of America, CLondon Edit.,) IV., pp. 228-4 ; Ramsay's American Revo
lution, I., pp. 65-6; Booth's History of New York, pp. 418-420.
2 "The Governor in his grey hairs." Lieut. Gov. Colden to Sec'y Con-
icay, Xov. 5, 1765.

94
ceive; . . . at his Back hung a Drum;' on his Breast
a Label, supposed to allude to some former Circum
stances of his Life.^ By his Side hung, with a Boot in
hisHand,^ the grand Deceiver of Mankind, seeming- to
urge him to Perseverance in the Cause of Slavery.*
While the Multitude gathered round these Figures, the
other Party with another Figure representing the same
Person, seated in a Chair, and carried by Men, pre
ceded and' attended by a great Number of Lights, pa
raded through most of the public Streets in the City,
increasing as they went, but without doing the least
Injury to any House or Person.^ They proceeded in
this Order to the Coach-House at the Fort, from whence
they took the Lieutenant-governor's Coach, and fixing
the Effigy upon the Top of it they proceeded' with
great Rapidity towards the Fields.'
About the same Time the other Party was preparing
to move to the Fort, with the Gallows as it stood erect
1 Referring to the supposition that he had been a drummer in the Pre
tender's army, in Scotland, many years before.
2 "The Rebel Drummer in the year 1745."
3 In allusion to the Earl of Bute, to whose instigations the Act was said
to have owed its enactment.
4 "One represent^ their old grey-haired Governor, the other the Devil
whispering him in the ear." Lieut. Gov. Colden's Account ofthe State ofthe
Province qf Xew York. New York, Dec. 6, 1765.
5 The MS. letter referred to, states that this procession moved "down
the Fly, bfezzaing at every eoruer," until it came opposite to the residence
ofthe late Stamp-master McEvers — the site of which is now occupied by
No. 50 Wall-street — -vsiJien it saluted that gentleman with three cheers ;
that from tiience it proceeded to the Fort. "That the Gevernor might see
his Effigy, if he dare show his face" ; and that it saluted the garrison with
sneers and huzzas.
6 This name was frequentiy applied to "The Common," or what is now
known as "The Park."
7 The MS. letter states that the procession, while returnmg, moved
through the prinoipal streets ofthe city ; and that, when near the Coffee-
Honse, "the Merohanta were Exceedingly Pleas'd."

95
on its F.iame, and Lanthorns tix'd on various Parts of
• it. When the two parties met, and every Thing was
in order, a general Silence ensued. Proclamation was
made that no Stones should be throAvn, no Windows
broken, and no injury offered to any one, . . and all
this was punctually observed. The whole Multitude
then returned to the Fort,' and though they Knew the
Guns were charged, and saw the Ramparts lined with
Soldiers," they intrepidly marched Avil^h the Gallows,
Coach, &c. up to the very Gate, ivhere they knocked
and demanded Admittance,'' and if they had not been
restrained by some humane Persons, who had Influence
over them, Avould doubtless have taken the Fort, as I
hear there Avere 4 or 500 Seamen, and many others
equally intrepid, and acquainted with military Affairs.
But as it seems no .sich Extremities were intended, af
ter they had shoAvn many Insults to the EJfcgy, they
retired from the" Fort Gate to the Bowling Green, the
PaUisades of which they instantly tore away, marched
with the Gallows, &(f into the Middle of the Green,
(still uuder the Muzzles ofthe Fort Guns,) where with
the PaUisades and Planks of the Fort Fence, and a
Chaise and two- Sleys, taken from the Governor's Coach
House, they soon reared a large Pile, to which setting
Fire, it soon kindled to a great Flame, and reduced the
Coach, Gallows, Man, Devil, and all to Ashes. ^
It is probable the Conductors of this Expedition in
tended the Avhole Affair should have ended here ; ' but
whUe many of them Avere attending the Fire, a large
1 Six hundred candles are said to have been used to light the procession.
2" The MS. letter says the crowd shouted defiance to the Governor and
to the troops in the garrison, bidding them "Tell the Rebel Drummer or
"Major James to give orders to fire."
o The Lieutenant-governor's loss, amounting to £195 3s. Od., wae
never restored by the Government,

96
Detachment of Volunteers making their Passage thro'
the other Side of the Palisades, went on another Ex
pedition,' and repailed to the House (lately known by
the Name of Vaux-HaU,'^) and now in the Occupation
of Major James, of the Royal Regiment of ArtUlery.
. . . This Gentleman was one of those who had un
fortunately incurred the Resentment of the Public by
Expressions imputed to him.^ It is said he had taken
a Lease of the House for three years, and had obliged
himself to return it in the like good Order as he re
ceived it ; it had been lately fitted up in an elegant
Manner, and had adjoining a large handsome Garden
stored with Necessaries and Curiosities, and had in it
several Summer Houses ; The House was genteely fur
nished with good Furniture ; contained a valuable Li
brary of choice Books, Papers, Accounts, Mathematical
Instruments, Draughts, rich Clothes, Linen, &c. and a
considerable Quantity of Wine and other Liquors. . . .
The Multitude bursting open the Doors,* proceeded to
destroy every individual Article the House contain'd,
. . . the Beds they cut open and threw Feathers
abroad, broke all the Glasses: China, Tables, Chairs,
Desks, Trunks, Chests, and making a large Fire at a little
Distance, threw in every Thing that would burn —
Drank or destroy'd all the Liquor . . . and left not the
least Article in the House which they did not entirely
1 The MS. letter says that before they left the Bowling Green they called
to the garrison, telling it they were goingto Major James' house, "to knock
it down, & if he was a m.an he should go and defend it."
3 It was sometimes called Rawleigh, and stood near the bank of the
river, surrounded by tastefully arrayed grounds, on tiie block formed by
AVarren, Chambers and Greenwich streets, .and West Broadway.
8 Vide page J^3
4 The MS. letter says that ft detachment of ai^tillery guarded the proper
ty ; butthe soldiers were driven through the back door, by the mob, and
escaped without injury.

97
destroy— alter Avhich they also beat to Pieces all the
Doors, Sashes, WindoAV Frames and Partitions in fhe
House, leaving it a mere Shell ; also destroyed the
Summer Houses, and tore up ,aud spoiled the Garden.
AU this Destruction Avas comph'ted by about 2 o'clock'
The imagined Cause of Resentment, operated so pow
erfully, that every Act of Devastation on the Goods of
this unhappy Gentleman Avas considcr'd as a Saerifice
to Liberty. Many Military Trophies, even the Coloui-s
of the Royal Regiment, were taken out and carried
off triumphantly.
The Spirit of the People, not only of this City and
Colony, but of the Neighbouring Colonies, knowing
how much depended upon our Behaviour, Avas highly
raised ; and great Numbers came from the Country,
and Parts adjacent, to attend the important Crisis :
Some returned Home satisfied with our Firmness, and
determin'd to maintain their Freedom in their respect
ive Places of Residence, and assist us, if their Assist
ance should be necessary. But many who came from
distant Parts, chose to stay till our Affairs were settled
into something of Calmness and Security — We had No
tice from all the Country round, that upon the least
Requisition, they would come by Thousands to our
Assistance ; every one was anxious to be secured against
the Imposition of the Stamp-Duties."
There is nothing in these riotous proceedings which
is calculated to arrest either our admiration or oui- sym
pathy ; yet it cannot be denied that they clearly indi- /
cate the determination of the people, in their opposi
tion to the government ; and their willingness to resort,
1 .As a partial compensation for this loss. Major James received four
hundred guineas in England ; and, in December, 1766, the Assembly of
New York votcd him a gratuity of £1745, 16s. 2Jd., as a further compen
sation. 7

98
if need be, to the most violent measures, in defence of
their political rights, and in resenting any insult which
might be offered to their persons or characters.
It was this evidence of the popular will which added
weight tothe "letters and Messages" which, on the
day following the riot, were sent in to the Lieutenant-
governor, "threatning his Life, if he did not deliver up
stamped papers" ; ' and when, on that day, (^November
2, 1765,) "the People grew furious, and the Magis
trates were alarm'd" ;^ when these same Magistrates,
afterwards, "waited on the Governor, as did many
other principal Gentlemen," to remonstrate and urge
the Government to suspend the execution of the Act* ;
and, especially, in the evening, when the masses of the
people began, a second time, to assemble in "the
Fields," with the avowed intention of attacking the
Fort, and seizing the obnoxious papers,* the zealous
Chief Magistrate was constrained to submit ; and, for
that purpose, with the unanimous advice of the Coun
cU,^ "he delivered and publish'd in writing by the Se
cretary, that he would not distribute nor meddle with
the Stamps, but reserve them till the arrival of Sir
Henry Moore, and deliver them to him. This did
not satisfy the People — They fear'd some Deception
and were hardly restrained by the Magistrates" * ; yet
they appear to have dispersed without resorting to any
serious measures.

1 Lieut. Gov. Colden to the Lords of Trade, 6th Dec, 1765.
2 Holt's N. Y. Gazette and Weekly Postboy, No. 1192, Nov. 7, 1765.
3 Ibid.
4 MS. letter from "X. York, November 2, 1765."
5 Lieut. Gov. Golden to Lords of Trade, Dec 6, 1765 ; The same to
Sec'y Conway, Feb. 21, and March 28, 1766.
(•) Holt's N. Y. Gazette, No. 1192, Nov. 7, 1765. See .also Bancroft's
History of tiie United States, V., pp. 356-7; Eddis' & Gill's Boston Ga
zette, Nov. 11, 1765 ; Boston Post Boy & Advertiser, Nov. 11, 1765.

The next day avus the Lord's Day, and, although no
public movements Avere made, it is proliable that it
served to, increase the intensity of the suspicions that
the Colonial Government Avould still attempt to enforce
the circulation of the Stamps. Beiug unemployed in
their several daily occupations, the popular leaders and
tho populace Avere enabled to compare thdr opinions,
and, thereby, to strengthen their jealousy; and so ap
parent Avas the discontent which pervaded tlie city,
and so thoroughly impressed Avas the Lieutenant-gov
ernor Avith fhe necessity for prompt and efiicient ac
tion, that early the next day (^Monday, November 4) he
invited the attendance, at the .Fort, of the Mayor of the
city, and of some of the most respectable citizens, when
he renewed his promise that "he would not issue, nor
suffer to be issued, any of the Stamps in Fort George."
After embodying this declaration in a certificate, over
the attesting signatures of Robert R. Livingston, Be
verly Robinson, John Stevens, and the Mayor, (John
Cruger,) it was published, under the original declara
tion which had been published on Saturday evening,
in hand-bills, and circulated throughout the city.'
But, in the language of the chronicles of the times,
"still the Populace were dissatisfied, and declared the
Stamps should either be delivered out of the Fort, or
they would take them aAvay by Force, which would
1 From one of these placards, in the Library ofthe N. Y. Hist. Society,
I have made the following copy, in order to show the progress of these
concessions, and to correct some errors into which more recent writers
have fallen : —
"The Lieutenant Goveenoe declares he will do nothing in Relation
to the STAMPS, but leave it to Sir Heney Mooke, to do as he pleases, on
his Arrival. Council Chamber, New York, Nov. 2, 1765.
By Order of his Honour, G. W. Banyeu, D. Cl. Con.
The Governor acquainted Judge Livingston, the Mayor, Mr. Beverly
Robinson, md.'M.v. John Stevens, iUs, Morning, being Monday the 4th ot

100 I
have been attended probably with much Bloodshed " '.
It apjiears that a proposition was made at this time,
by the popular leaders, that the Stamps shoul I be re
moved to the Coventry sloop of war, in order that they
might not suddenly be pushed into circulation f and
that the Council unanimously united in the request'.
The Lieutenant-governor, however, did not concur,
notwithstanding he wrote to the Captain ;* but the lat
ter, while he did not absolutely refuse to receive them*,
gave reasons why he thought it unnecessary, and the
proposition fell to the ground.
While these proceedings occupied the attention of
the authorities and the merchants, neither the dissatis
faction of the people or their determination to employ
November, that he would not issue, nor suffer to be issued, any of the
STAMPS now in Fort George. Robert R. Livingston,
John Cruger,
Beverly Robimon,
John Stevens.
The Freemen, Freeholders, and Inhabitants of this City, being satisfied
that the STAMPS are not to be issued, are determined to keep the Peace
of the City, at all Events, except they should have other Cause of Com
plaint." 1 Holt's N. Y. Gazette and Weekly Postboy, No. 1192, Nov. 7, 1765.
2 Lieut. Gov. Colden to Lords ot Trade, Dec. 6, 1765.
3 Lieut. Gov. Colden to Sec'y Conway, March 28, 1766.
4 "This I did not oppose." (Lieut. Gov. Colden to Lords of Trade
Dec. 6, 1765.) "I did not at any time join in desiring him to t.ake them.'"
(Lieut. Gov. Golden to Sec'y Comoay, March 28, 1766.)
5 "Capt. Kennedy in his answer did not absolutely refuse to take the
Stami)s on board, but gave reasons," &c. (Lieut. Gov. Colden to Sec'y
Conway, March 28, 1766.) It is proper to remark, however, that Gov.
Colden, in his despatch to the Lords of Trade, Dec. 6, 1765, had said
"Capto Kennedy absolutely refused to receive them, and with good rea
sons," &c. ; while no reasonis shown forthis instance of the inconsistency of
tlie venerablo Lieutenant-governor— by no means an isolated case — beyond
bis wonted desire to tliroM' upon others the blame whicii properly belonged
to liimseH'.

101
forcible means to obtain the Stamped Paper, were, in
thcleast, concealed; and, withthe utmost coolness,' on
Sunday aud Alonday, placards were posted around the
city, inviting a meeting, in the Fields, on Tuesday
evemng, {Nov. 5, 1765,) and requesting the citizens
to appear, armed, for the purpose of storming the
Fort.' This public defiance of the power of the Govern
ment, by the popular leaders — for aU these movements
were guided by the Committee of the Sons of Liberty,
who had been appointed at the City Arm's Tavern^ — ¦
and the certainty that, at the appointed time, the rela
tive strength of the garrison and the people would be
tested,' at length compeUed the obstinate Chief Magis
trate to listen to the appeals of the Merchants, who
wtdted on him," or to the advice of his CouncU,'*

1 "They appointed Tuesday Evening for that Purpose, posting up, on
Sunday and Monday, Advertisements in different Parts of the City, in
viting all Friends of Liberty to join them, as they were determined to
storm the Fort." (Boston Post Boy and Advertiser, Nov. 11, 1765.) See
also Edes & Gill's Boston Gazette, Nov. 11, 1765 ; Grahame's United States,
{London.'EA.,) IV., p. 224 ; Reminiscenses ofthe Park and its Vicinity, (New
Yorh, 1855,) pp. 11,12; Lieut. Gov. Colden to the Marquis of Granby, Nov.
5, 1765 ; The same to Gen. Gage, Nov. 5, 1765 ; The same to Sec'y Con
way, Nov. 5 and 9, 1765 ; The same to the Lords of Trade, Dec. 6, 1765.
2 Leake's Life of Lamb, p. 16.
3 "I expect the Fort will be Storm 'd this Night — every thing is done in
my power to give them a warm reception. I hope not to dishonor the
Commission I have the honor to bear & that I may merit some share of
your Lordship's Regard." (Lieut. Gov. Colden to Marquis of Graniy,
Nov. 5, 1765. Colden papers.)
4 "On Tuesday the 5th Instant I received a Deputation from the Mer
chants in this City, by a considerable number of them. (Lietif. Gov. Gol
den to Sec'y Conway, "NewYork, Qth Nov., 1765.")
5 "At length I consented to deliver up the stamped papers to the Mayor
and Coi-poration of the City, as appears by the Mimttes of the Council."
(Lieut. Gov. Colden to Lords of Trade, Dec. 6, 1765) See also next note.

y

102
and of General Gage,' and he accepted a proposal
which he had received from the Corporation of the
city of New York,^ for the delivery, into the custody of

1 — "in Consequence of the unanimous Advice of his Majesty's Coun
cil ; and the concurrence of the Commander in Chief of the King's
Forces," -'- * * * "I now deliver to you," &c. (Lieut. Gov.
Colden to the Corporation of New Yorh, Nov. 5, 1765.) Vide Note 2.
"I would not be satisfied on so extraordinary an occasion with adopting
the advice and opinion of Gen. Gage, -which concurring with that of the
Council, I could not stand single, and last Evening I deliver'd the Pack
ages," &c. (Lieut. Gov. Colden to Major Thos. James, Fort George,
Xov. 6, 1765. Colden Papers, X. Y. Hist. Society's Library.)
2 The following extracts from the Minutes of the Common Council of
the City of New York, furnished by my esteemed friend, D. T. Valentine,
Esq., the Clerk of that body, will show exactiy what this proposal was ;
how it was received by Lieutenant-governor Colden ; and what was done,
subsequentl}', in the premises :
City of New- Yoek — ss :
At a Common Council held at the City hall of said
City on Tuesday the Fifth day of November anno: Dom: 1765, —
Present John Cruger Esq'' ilayor.
Simon Johnson Esqf Recorder
Francis Filkin 1
Nicholas Roosevelt |
George Brewerton 'f Esq''^ Aldermen
Cornelius Roosevelt |
Derick Brinckerhoof J
Abraham Lott ]
Peter Binauck |
Michael Thodey ,- Assistants
Anthony Rutgers
Andrew Gotier
Tliis Bond taking into serious Consideration the Intimation that his
honour the Lieiifeiiaut Governor was ¦willing to Deliver the stamped paper
novv in Fort George to Captain Kennedy or any otiier of the Commanders
of the King's Ships in the harbour and tbat Captain Kennedy in answer
to this Earnest Ko(juest Signifled to him Last night. Informs that ho
Cannot and will not Receive the Stamped paper. It is Therefore Resolved
th.at it appears to this Board ^Absolutely Reipiisite to Remove the present
Diss.atisfaction and save the City from the most Distressing Confusion ;
That a Comniittee Immediately wait upon his honour and in the most Re
spectfuU manner acquaint him of the present dangerous State of Things
and Request that Ibr tiie peace of tiie City and the preventing of ;m Effu
sion of Blood, he would please to Direct that the Stamped P.apor, Be de-

103
that body, of the Stamps which Avere still within the Fort.
Accordingly, notAvithstanding "the delivering the
Stamp'd Papers on fhe threats of a Mob, who might
livered into the Care of the Corpor.ation, to be deposited in the City hall
and Guarded by the City ¦watch; and this Board Do Further Resolve and
Engage to make Good all such sums of money as might Be raised By the
distribution of such of the said Stamps as Shall Be Lost destroyed or
Carried ont ofthe province, and the said Committee having waited on his
said honour with the above Resolve — Reported that his honour Accepted
of the same and Returned for answer in the following words,
FoET Geobge November the Sth 1765
Mr Mayor & Gentlemen ofthe Corporation,
In Consequence of Your Earnest Request and Engaging to
make Good all such sum and sums of money as might Be Raised By tho
distribution of such of the Stamps Sent over for the use of this province
as shall Be Lost Destroyed or Carried out of the province .and in Conse
quence of the unanimous advice of his Majesty's Council & the Concur
rence of the Commander m Chief of fhe King's Forces and to Prevent the
Efnsion of Blood and tbe Calamities of a Civil AA'ar, which might Ensue
By my with-holding them from You I Now Deliver to You the Packages
of Stamped Paper and Parchment that were deposited in my hands in
this Ms Majesty's Fort and I Doubt not You will Take the Charge and
Care of Them Conformable to your Engagement to me
I am, with Great Regard
Gentlemen your most Obedient humi Serv'
CADWALLADER COLDEN
At Which Time his honour Requested that the mayor would give him a
Receipt in the Words Following (Which The mayor Executed accordingly
in Behalf of this Coi-poration) Viz :
Received of the Honorable Cadwallader Colden Esqi-,, bis Majesty's
Lieutenant Governor and Commander in Chief of the province of Ne-\v-
York Seven Packages Containing Stamped paper and parchment, all
marked No. 1 I: M: E Newyork Which I Promise in Behsilf of tho
Corporation of the City of Newyork to take Charge and Care of, and to
be accountable in Case they Shall Be destroy'd or Carry'd out of tiie
province as Particularly set Forth in the Minutes of the Common Council,
of the said Corporation of this day
Witness my hand in the City of Newyork this first day of November
One Thousand seven hundred and sixty-five
^itjjggg JOHN CRUGER mayor.
L. F Cary Major to the 60th
.James Farquhar. Dec 6th, 1859.
I hereby certify the preceding to be true extracts from the original
minutes on file in my offlce. D- T. Valentine, Clk. C. C.

104
still make farther Demands, greatly affected the dignity
of his Majesty's Government; and might have a tendency
to encourage perpetual mobish proceedings hereafter ;'"
and filled the anxious mind of the venerable Lieuten
ant-governor with the greatest alarra,^ "the Governor
inform'd the Mayor and Aldermen, that if they would
attend at the Fort Gate the Paper should be delivered
them ; they accordingly, soon after, accompanied with
a Prodigious Concourse of People of all Ranks, attend
ed at the Gate of the Fort, when the Governor ordered
the Paper to be given up to them :^ and upon the Re
ception of it, gave three Cheers, carried it to the City
Hall and dispersed,* after which tranquility Avas re
stored to the City."^
1 Lieut. Gov. Colden to Gen. Gage, "Fort George, Xov. 5, 1765.'"
2 "I introduced this matter (the delivery nf the ,Stamps to the Corpora
tion,) to tbe Council, by observing to them that if the jiower ofthe Corpo
ration ^(Zy/zc was sufficient to preservethe Stamps, it must be much more
eifectual when added to the strength of this Garrison. That yieldiug to the
Deraands of the populace Avould draw tbe Government into still greater
Contempt, & encourage them in repeated Demands." (Lieut. Cov. Colden
lo Major Jame.-i, Fort George, Xov. i-), 1765. Colden Papers.)
-¦> Vide Note 2, Page 102. See also tbe several authorities referred to
in Note 5, Page 101.
4 Lieut. Gov. Colden (Letter to, Secy (Zinway, 'Jth Xov.. 1765,) gra\ely
intimates, iu the following words, who were the originators of tbese pro
ceedings ; aud be furnishes a very important guide to the historical student,
in his impiiry concerning the leaders of tbe American Revolution and the
motives whicii actuated fliem. "Itevidently ajqiears nuw,'' he says, "who
were tiie Cionductors of tiie jAIob by its immediately I'casing in every ap
pearance as soon as tiie Packages were delivered to the Mayor and Cor
poration." I leave the subject, for tbe ]ii'eseiit, for tbe consideration of
my readers.
5 ".Mler which the Alob eiitii'ely (lis]iersed, and the City remained in
perfect tranquility, till 1 delivered np flic .Admiiiistr.'ilion to Sir Ilenry
Moore." (Licul. llur. Colden lo fords of Trade. Ihr. I>, 17(>5.) See
authorities refen-ed lo iu Note I, Page |0'2.

lOf)
It was during this stormy period that the former
leiulers ofthe people were, to some extent, superseded
by other, but not less active or determined raen.
While John ]\Iorin Scott, and WiUiam Smith, Jr., and
WiUiam Livingston, continued to be recognized as the
great moAdng spirits of the people, in their theoretical
opposition to the Government and its poUcy, the
younger "Suvh of Liberty — Alexander McDougal, Isaac ^
Sears, John Lamb, ^Marinus Willett, Gershom Mott,
and their associates — led in the practiced opposition to ,
the Ministry and its measures, and "dared to lead J
Avhere any dared to follow." The latter may be said
to have led in the field, while the former led in coun
cil ; and both, united, Hke "the sword of Jehovah and
of Gideon," were eff'ectual Avhenever theyAvere directed
against the Midianites who oppressed the people.
It may not be improper to inquire, in this place, to
Avhat extent the people of New York had opposed the
measures of the GoA'ernment ; and let it not be sup
posed, Mr. President, that from the beginning, the entire
population had moved and acted as with the mind of
one man, throughout all the phases of the opposition.
Such Avas not the case. As I have before remarked,
the constant agitation of great political questions, for
nearly a century, had familiarized the subject to every
New Yorker ; and from his birth he had lived and as
sociated, constantly, with a race of hereditary politi
cians. At the same time the freedom of the press,
Avhich the trial and acquittal of Zenger had secured,
had not only carried intelligence to every man's door,
and informed him of the current events of the day ;
but the arguments of all parties, pro and con., on every
question of public interest, had been canvassed in the
columns of the ncAvspaper press, in broadsides, and in
immphlets, with the most elaborate minuteness and the

106
greatest ability. Every New Yorker, tlierefore, was,
necessarily, a theo'retical politician, and thoroughly ac
quainted with the fundamental principles of govern
ment, and their applicability to the measures of the
Ministry, as well as to those of the Provincial authori
ties ; while, practically, in fact as well as under the
common law of England,' he was one of a conqitered
people, Avhose every privilege Avas a monument of the
King's grace, even when it had been wrung from the
government by a course of the most determined oppo
sition. Well informed on all questions concerning the
affairs of the Province and the Naiion, but few of the
inhabitants of New York had any share in the manage
ment of the former, and none in that of the latter :
maintaining a vigilant watchfulness over the Provincial
authorities as well as over those in the "Mother Coun
try," none could legitimately exercise the least control
over either : subjects of the King, and legally and prac
tically liable to all the duties of Englishmen, all were
denied the rights and p)rivileges which Englishmen
everywhere else enjoyed : without possessing the privi
lege of regulating even the local affairs of their own im
mediate neighborhood, by means of that stronghold of
New England's independence, a legal "town meeting,"
all were, nevertheless, subject to a rigorous code, in
the most minute details of which the aggrandizement
of the government, rather than the convenience^ oT
advantage of the people, was the prevailing spirit.
Peculiarly cosmopolitan in character; eminently a peo
ple devoted to business ; no other colony Avitnessed so
little concert of action, on all ordinary occasions, amono-
the masses of the people ; in none Avas the account-
abUity of the individual less frequently shifted to the

1 In tiic case of Calvin, .already referred to, this subject has been fully
set forth.

107 •
body politic ; and, in none, therefore, were the "agree
ments" considered so obligatory on the individual, or
fulfiUed Avifh such stern integrity, as in Ncav York.
Chafing under these political disabiUties, and con
trasting their oavu Avith the more extended privUeges
enjoyed by the neighboring Colonists, on either hand,
the people of Ncav York Avere ever ready to sympa
thize and join hands, as far as they could do so, Avith
any person or party who professed, for the time being,
to contend for the true principles of government ; and,
not unfrequently, as is often the case in our own times,
they Avere used only for the accomplishment of selfish
purposes or individual aggrandizement.
When a series of threadbare and needy Court
flivorites had been vested with the poAvers of
government, in the Colony, and had sought to
control the revenues and the appropriations, in
order that their families might be enriched at
the expense of the Colonies, the great landed in
terests took the alarm, and resisted the aggression.
In this movement, which did not directly concern the
great body of the people, not only the Freeholders,
and the Freemen, but the masses of the people, Avere
appealed to by the Van Rensselaers and the Living-
sto-ns, the Van Cortlandts and the Phillipses ; and the
provisions of Magna Charta, and the great fundamental
principles of government, were brought forward and
enforced, as evidences of the rights of the people, as
Englishmen and as members of the body politic, —
the Manorial Landholders, by these means, finally, tri
umphing over the assumptions of the governraent, and,
as quickly, forgetting the rights of the great body of
the people.
When a learned and venerable Lieutenant-gov
ernor, by his zealous defence of the abstract rights

[

V

108
of the King, endeavored to secure the favor and
thc patronage of the Ministry ; and, to this end, at
tempted to control the Judiciary of .the Province, by
entertaining Appeals from its Judgments, and by
changing the tenure of its authority, the Bench Asn
THE Bar, following the example of the Landholders,
appealed to the people for countenance and support,
in resisting this aggression of the government against
their privileges and prerogatives. Again, the relative
rights of the government and the governed were dis
cussed with all the pedantic learning of the times; and
from the pens of the Smiths and the Scotts, the Liv
ingstons and the Horsmandens, of the day, the Colony
Avas flooded with appeals and with arguments, en
forcing the independence of the Judiciary, and depre
cating the attempt which had been made to subject it
to the control of the government.
When the Home Government, struggling under
the Aveight of its burdens, in its anxiety for
relief, sought to check the illicit trade on which
the Hancocks and the Jaunceys had been ac
cumulating wealth and influence, or to establish a
Stamp Act which, in its operations, Avould chiefly
affect the Mercantile community, the Merchants, also,
according to custom, turned to the masses of the peo
ple, and, like the Landholders, and the LaAvyers who
had preceded them, solicited their co-operation and
assistance in resisting the innovation.
In this delicate undertaking, however, Avith sin
gular and fatal forgetfulness, the Merchants, and
many of those who sympathized Avith them, never
considered either the inteUigence of the Colonists
or their status in the government of the Colony.
Arousing the sympathy of the people, in every
conceivable manner, aud urging them to action

109
under the banner of " No taxaiion witlwut re
presentation," they forgot that not one-third of the
people Avere freeholders or possessed the right of suf-
frtige, even for representatives in the General Assem
bly ; that "Taxation Avithout Representation," there
fore, was an abuse which required correction beyond
the limit desired by the few "merchants Avho traded
with Great Britain," and the occasion which the Stamp
Act had produced ; and that an element such as this,
while it operated for the correction of the abuse of v
which the merchants complained, might, Avithout the
consent of the latter, extend the sphere of its opera
tions, and break down the constitutional landmarks
which, from time immemorial, had separated the fcAV
from the many by whom they had been surrounded.
Under these circumstances, what wonder need there
be, that the manorial tenantry "flocked in, by thou
sands, from the country,^ or that the seamen, from the
shipping in the harbor, and the mechanics from the
workshops in the city, arose, "as one man,"^ and de
clared that Stamped Paper should not pollute the soil
of the Colony — that there should be "No taxed ion
loithout representation" And, since their own mer- .
cantile p)r ofits, rather than a desire to meliorate the
masses of the people, had influenced their action, well
might the De Lanceys and the Waltons, the Wattses
and the Alsops, hesitate to approve the appointment
of "a Committee of Correspondence" — the object of
which Avas to consolidate the divided masses of the

1 Gen. G.age, cited by Mr. Bancroft, (Hist. United .States, First Ed.,
v., p. 355.)

2 Ibid.

110
people, and to secure harmonious action among them'
— and well might they wait upon the Lieutenant-gov
ernor, "imploring his compassion," Avhen an armed
populace threatened to storm the Fort," since they no
/longer possessed the means of controlling the poAver
which they had called into ¦existence, or of limiting the
application, to themselves, of those principles which
for tlieir oiun 'jnirposes only, they had inscribed on
the banners of the people.
From that time forth, Mr. President, "The Sons of
Liberty in New York " had a twofold enemy to op
pose — the Government and its officers, on the one
hand; and, on the other, that portion of the pieople of
y/ Neio York, whose timidity, or personal interests, or
supposed duty to the Crown, induced them to act as
"> Conservatives ; and, indirectly, to render the most im
portant services to the enemies of their country.
The first of these^ — the Government and its officers
— was at all times and under all circumstances, legiti
mately, unequivocally, and entirely, an enemy to the
political amelioration of the people ; and from it
"The Sons of Liberty" neither received, nor expect
ed to receive, the least sympathy or respect.
The second^ on the contrary, professed to sympa
thize, to some extent, Avith the people ; and, many of
those composing it thrust themselves in, AvhercA'cr an
opportunity offered, to divide tlie pop-ular sentiment,
and, Avhile divided, to conquer it. Professing to be
enemies of the Government, they were, in fact, among

1 "A committee of intercolonial correspondence was raised, and while
James De Lancey and others hesitated, the unflinching Isaac Sears, with
L.amb, Mott, AViley, and Robinson, assumed the post of danger. (Ban
croft's History of United .States, First Ed„ V., p. 352.)
2 Lieut, (biv. Colden to Sec'y Conway, 9 November, 1765.

Ill
its Avarmest and best friends; tmcl, by their political
duphcity, not mifrcquently, they Avere successful in
mtiking inroads upon the ranks and the sentiments
of the people, whUe the more honest and manly of
their party would have been driven back in contumely
and disgrace. It was thus, clandestinely, that James
Jauncey, Whitehead Hicks, James De Lancey, and
their associates, overturned the purposes of "the Com
mittees of Correspondence" and of the people, at the
great meeting at the City Arms Tavern, on the twenty-
sixth of November, 1765^ ; it was thus, by bad faith,
Isaac Low, and MUes Sherbrook, and WiUiam Bayard,
and their associates in the Committee of Fifty One ;
and Isaac Low and John Jay, and Abraham Wal
ton, and their associates, in the Committee of One
Hundred, at a later date, as will be seen here
after, divided and distracted the people, and gave
comfort and assistance to the Government.
[That portion of the paper which relates to the subsequeut movements of
"The Sons of Liberty," in watching the vessels which arrived from Europe •
in taking possession of the stamps which they brought over ; in the organ
ization of the great meeting at Burns' City Arms Tavern on the 2Gth No
vember, 1765, and in resenting the duplicity of many of those who had
acted with them at the former meeting, at the same place ; in their demand
on the Assembly to deduct from the salary of Lieut. Gov. Colden the ex
pense of drilling out the spikes whioh had been driven into the cannon by
his orders ; on their action on the first appearance of a stamped paper in
New York ; on the repeal of the Stamp Act ; on the King's Birth-day,
June 4, 1776 ; on the erection and destruction of the first, second, third,
and fourth Liberty-poles in the city of New York ; at the meeting in the
Fields on the 17th of December, 1769 ; on the action by the Assembly for

1 The entire proceedings, at this meeting, (as well as the conduct of
"the emissaries of those who, not being consulted, endeavored to prevent
it,") afford an amusing comment on the pretensions of many of the older
families of this city and its vicinity ; and they furnish a fruitful field for
the laborious investigations of the student of our earlier Revoluiionary
History.

112
the discovery of the autiior of the handbill calling tho people together on
that occasion ; on the arrest, by order of the House, of General J..amb^
(who addressed the meeting,) of James Parker, (who printed the placard,)
and of Alexander McDougal, (its supposed author) ; and on the "Infraction
of the Non-importation agreement" by Simon Cameron, in July, 1769 ; and
toother, minor, topics incidental thereto, — for want of time were omitted,
when the p.aper was read before the Society. vVfter referring to the ill-
feehug which had arisen between the Colonial Government and its auxili-
•aries, on the one side, and the people on the other, and to the repeated
attempts of the soldiery to cut down tbe Liberty-jiole which had graced
"the Common" for several years, the speaker remarked tbat : — ]
On the 13th, 14th, 15th, and 16th of January, 1770,
the soldiers repeated their attempts to destroy the Lib
erty-pole. The last of these was successful ; and the
rancor of the assailants was so far carried out,- that they
were not satisfied until they had sawed the pole into
pieces, and piled it up in front of Montanye's — the
head-quarters of the "Sons of Liberty."^
It appears that the Sons of Liberty had raised objec
tions to the employment of the soldiers by the inhabit
ants, as destructive of the interests of the laboring
classes ; and there is but little doubt that this Avas in
tended as a retaliatory measure. To take all the mat
ters into consideration, a meeting was called ; and on
the 17th of January, upward of three thousand assem
bled at the stump of the Liberty-pole ; at Avhich mea
sures Avere adopted to erect another pole, to compel the
soldiers to remain within their barracks after roll-c:iU,
and to prevent the employment of them by the inhab
itants." Onthe following day, (JaH»ar^ 18, 1770,)

1 Holt's N. Y. Journal, No. 1411, Jan. 18, 1770 ; Le.ake's Life of
Lamb, pp. 54, 55; Dunlap's Hist, of NewYork, I., p. 436; Gordon's Am,
llevolution, L, p, 300,
2 Holt's N. Y. Journ.al, No. 1412, Jan. 25, 1770 ; Leake's Life of Lamb,
p. 55 ; Dunlap's Hist, of Now York, I., pp. 430-7 ; Il.amiltoii's ILamiltou,
1., p. 1!) ; B.ancroff's United States, 6, pp. ;i;ll-2.

1 1 :!
st'tirrilous liiiudbills signed '-Si.vtioknth Ri.Kii.AiKXT,"''
Avcre pasted lliroughout (he city, ensliug reflections ou
file Sou> of Liberty, atid puffing af dt.'lianee fhe au
thority of the citizens, ;is Avell as their wishes, exjiressed
inthe resolutions passed on the preeetUug day. Tliree
soldiers, who Avere engaged in posting lliese plaetirds,
were seized 1»y Isaac Sears, Walter Quackenbos, a,nd
some other memliers til' tli(> Sous of Libei'tv ; aud, after
a sharp emitest, they Avere conveved to the ^iax'or's
office. An attempt haA"ing been mad(^ In restme the
prisoners. Captain Sears kept theiu al bay, uutil a re-
inforecment of twentA' men frora the lower barraeks

1 Tlie following copy of tlii^ plaeanl, taken from au origin.al, in the Li
brary of the New York Historical Society, will iiilei'i-i ihc rcailer : —
¦¦God and a Soldier, allMen dotli mloie. •«.
In Time of AVar, and not before ;
When the War is over, and all Things righted,
God is forgotten, and tiie Soldier slighted.
AA'heee.vs. an uncommon and riottous disturbance prevails Ibrougliout
thi < city, by some ofits inhabitants, who stile themselves tbeS — s ofl,  y,
but rather may more properly be called re.al enemies fo Society; and
whereas the army, now quartered in New York, are represented in a hein
ous light, to their officer? and others, for having propagated a disturbance
in this city, by attempting to destroy their Liberty Pole, in the Fields;
which being now completed without the assistance of flic army, we have
reason to laugh at them, and liegthe public only t;o observe, how chagrined
these pretended S  of L  look as they pass thro' the streets ; espe
cially as lliesc gre.'it heroe.- thought their freedom depended iu a piece of
•wood, and who may well be compared to Esau, who sold his birthright for
a mess of pottage. And altho' those shining S — of L  • liave boasted
of their freedom, surely they have no rigbt to throw an aspersion upon
the army, since it is out ofthe power of milit,.ary discipline, to deprive
them of their freedom : However notwithstanding we are proud tii seo
those elevated genius's reduced to the low degree of having their place of
general rendezvous, made (a Gallows Green) a vulgar phrase fora common
place of execution, for murderers, robbers, traitors and r  s, [rascals] to
the latter of which we may compare those famous L-  B  s [Liberty
Bo-ys] who have nothing to boast of but the flippancy of tongue, altho' in
defiance of the laws and good governinent of our most gracious sovereign.
they openly r  y [riotously] assemble in multitudes, to stir up tbe
rainds of his Majesty's good subjects fo sedition ;— tliey have in tiieir late
8

114
made their appearance ; and, with cutlasses and bayo
nets, appeared determined to rescue the prisoners. The
citizens in the vicinity Avere entirely unarmed, but per
ceiving the nature of thc conflict and the character of
the combatants, they imraediately seized upon such
means of defence as Avere Avithin their reach, and
wrenching the stakes from the carts and sleighs about
them, they stood on the defensiA^e. The Mayor now
ordered, the soldiers to their barracks, when they re
luctantly retreated towards Golden HiU.^ At this place

seditions libel, signed Beutus, expressed tbe most vill.ainous falsehoods
against the soldiers : But as ungrateful as they are counted, it is well known
since tiieir arrival in New York, they have watched night and day, for the
safety ani fn'Otection of the city and its inhabit.ants ; — who have suffered
the rays if the scorching sun, in suinmer, and the severe colds of freezing
snowy nights, in winter, which must be the case, and fi fty times worse,
had there been a war : whioh we sincerely pray for, in hopes those S — s of
L  [Sons of Liberty] may feel the effects of it, with famine and de
struction pouring on their heads. 'Tis well known by the officers of the
16th regiment, as well as by several others, that the soldiers ofthe sixteenth
always gained the esteem and good will of the inhabitants, in whatever
quarters they lay, and was never counted neither insolent or ungrateful, ex
cept in this city. And likewise fhe Royal regiment of Artillery, who always
behaved with gr.atitude and respect to every one. But the means of making
jrour famous city, which you So much boast of, .an impoverished one, is
your acting in violation to the laws of the British Government ; but t.ake
heed lest you repent too Late, — for if you boast so mightily of your famous
exploits, as you have heretofore done, (witness the late stamp act) we may
ajlow you to be all Alexandees, and lie nnder your feet, to be trodden upon
with contempt and disdain ; but before we so t.amely submit, bc assured
we will stand in defence of the rights .and privileges due to a soldier, and
no fartiier ; but we hope, while wc have officers of conduct to act for us,
they '11 do so, as we shall leave it to tbeir discretion, to act impartially for
us, in hopes tbey and every honest heart, will support the soldiers wives
and children, and not whores and b.astards, as has been so maliciously, falsely,
aud aud.acionsly inserted in their impertinent libel, .addressed to the public ;
for -which, may the sharae tbey mean to brand our names witb, stick on
theirs. Signed by the Kith Regiment of Foot.
1 That portion of Johu-sfrect which is between Clilf-street and .Burling
Slip.

115
they met another reinforcement of regulars, led by one
Avho is siq)posed to have been an officer in disguise ;
and, by his orders, the united parties made a furious
attack on the people AA'ho had foUoAved them. An at
tempt at defence Avas made by those Avho had secured
AVeapons ; but they presented but a sorry opposition
to the bayonets and cutlasses of the regulars, and many
of them .speedily retired. Pursuing those Avho rtin,
they were, themselves, soon pursued by those who had
reached the ground in response to the summons Avhich
had floAvn into every shop and store in the city ; and
the Sons of Liberty speedily surrounded the assailants,
dealing such bloAvs upon them as their homely weapons
permitted, and quietly disarming them, to prevent the
spread of mischief Another reinforcement of soldiery
attempted, in vain, to reach and rescue their comrades.
and simultaneous attacks on the front and rear of
the people were now threatened. At this moment a
party of officers interfered, and the military were order
ed to their barracks, and the "Battle of Golden Hill"
ended. ^
In this first confiict of the War of the American
Revolution, both the military and the citizens suffered
severely. Francis Field, a Friend, Avas wounded in the
cheek Avhile standing in his own door. Three other
citizens were wounded, one Avas killed Avith a bayonet,
and a sailor was cut down. The soldiers also were se
verely handled, and some of theiuAvere badly beaten.^
Massachusetts may refer, Avith honest pride, to her
early sacrifice at Lexington, and to the massacre in

1 See also Leake's Life of Lamb, pp. 55-58 ; Dunlap's History of New
York I. p. 437 ; Gordon's History of the Am. Revolution, I., p. 300 ;
Bancroft's Histoi-y of United States, VL, p. 332 ; Davis's Sketch ofthe Old
Bridewell (Reminis. of the Park, pp. 60-62).
2 Leake's Life of Lamb, pp. 56-57 ; Davis's Sketch, ie.

llG
King-street, in March, 1770; Intt to the city of New
York justly belongs the honor of laying the first offer
ing on the altar of her country.
Among those Avho responded to the call of his coun
tr)', aud struggled for the mastery Avith the armed sol
diery on Golden .Hill, Avas a chairmaker's apprentice,
named Michael Sraith. Sraall in stature and a minor,
he w;is, nevertheless, eA'ery inch a man ; and Avlien the
messengers from the Hill reached his shop in Broad
street, hc seized the turned leo- of a chair, and with
that as his only Aveapou, he ran to the scene of strife.
A native of this city, thc story of her Avrongs Avas fa
miliar to his etirs ; and he liad expressed his .sympathy
for her cause by uniting Avith one of the train-bands
Avhich had lieen organized for her defence. With a
degree of courage AA'hich did him honor, he had no
sooner reached thc field thau he attacked a grenadier
Avith his clulj ; and Avith sueh success did he Avield his
chair-leg, that his victira speedily surrendered. The
musket, belts, btiyonet, tind cartridge-box of the grena
dier Avere his trophies ; tind wheu the close of the af
fray alloAved his return to liis home, the ticcontre-
raefits Avhich In.' wore dragged on the floor of the dAvell
ing. Frora that raoraent lie ceased to be tin appren
tice ; and Avhen the ( 'olony orgauized its First regiment,
U'ifhouf bounty or pecsuw^ion, he entered thc !<ervi(-e
of h i'i country. The trusty musket and bayonet Avhich
he had tixken fi-ora the British grenadier, beetinie his
constant coinptinions ; aud when peace tind the inde-
pendeiice of his eountry Avere secured, he returned to
the Avalks of private life. Ninety-six years Avere the
measure of his dtiys ; and ;it a reetuit date,' surrounded
1 Ho ^v¦as horn iu Inm er-sti-eet, ^¦ew York, Ma,\ 3, 17.J0. and he died
in Crand-street, in this eity, April 24, is-tii. it will be seen tiiat the ap-
pi'eiitice was twenty ,\ ears old ut tlio lime of jliis affrav.

117
by his grandchildren aud their childrcfi,~the last of
the Sons of Liberty in New York— -he surrendered his
spirit into the hands of his .Maker. The old rausket—
the trophy of his boyish gaUantry, the companion of
his manhood, the friend of his old age— still lingers
among his great-grandchildren ; and the privilege has
lieen given to me, Mr, President, to exhibit it to the
Society, Like raost of the veterans of the ^Var of thc
Revolution, who are still spared as mementoes of the
past, if not like all of them, it is ipiite rusty, and
' mnch the Avorse for Avear ; but, as it is, undoubtedly,
the first trophy of the Avar, it merits your respectful
consideration. About noon, the next day, (Jan. li), 1770,) the
troubles Avere rencAved ; and a party of sailors, and one
of soldiers, joined iu the affray. One of the seamen
was run through Avith a bayonet ; and Avhen the Mayor
came on the ground, and ordered the troops to disperse,
his order was entirely disregarded. Again the sum
mons passed through the streets, and, once more, the
Sons of Liberty hastened to the rescue ; Init thc soh
diers recollecting the reception they had met Avith on
the preceding day, hastily retired. In the afternoon
<jf the same day, a party of troops attacked a number
of citizens Avho had assembled on the Common, oppo
site the Ncav .fail ; and a desperate conflict ensued.
Heavy blows Avere given and received; sorae of the
tissailants were di.sarmed, and all were driven back to
their quarters.'
1 "We are all in Confusion in this City ; the Soldiers ha\e cut and
blowed up Liberty-Pole, and have caused much Trouble between the
Inhabitants : On Frid.ay last between Burling Slip and^Ply Market, i\as
an Engagement between the fuhabitants .and the Soldier.s, whefi.^ mucb
Blood was spilt ; One Sailor got run through the Body, who since died :
One tiVan i;ot his Skull cut in MJfc most cruel planner. On Saturday tiie
llallBelLrang for an ^arm, when was another Battle bet\veen the Inhah
itants and Soldiers : but the Soldiers met wiflilJubbers, the ehiefe.st Part

iiS
[The narrative of all the subsequent movements of the "Sons of Liberty,"
embracing the purchase of land on which to erect tlie fifth Liberty -Pole ;
the purchase of Bicker's Hainiiden Hall, for a jilacc of meeting; the attack
on the fifth Liberty-Pole, bythe soldiers, .and its defence by the citizens;
tbe "dealing" with Nathan liogers, for violating the agreement, Mtay 10,
1770; the contest of the Sons witli the Committee of One Hundred, May
and Juue, 1770 ; the Tea troubles in New York, and the Destruction of
the tea, on tha "London," hy the Sons of Liberty ; the renewal ofthe
jAgreement, May IG, 1774 ; the appointment of the Committee of Fifty-
one, May 1!), 1774, its treachery to the popular cause, and "the great meet
ing in the Fields," July 0, 1774, at whicii the people condemned its con
duct ; the election of Delegates to the General Congress, April 20, 1775 ;
tbeir "dealing" with Cunningham, subsequenth- Provost-^Marshal un
der tbe British ; the seizure of the sloop laden with lumber, intended
for the troops at Boston, and of the stores at Turtle Bay ; the establish- ¦
ment of a provisional government in this city, the seizure of the arms and
of the Custom-honse, aud the action iu Broad-street, April, 1775 ; and
se\eral otber minor m.atters, were omitted, when the paper -(vas read, for
¦want of time.]
being Sailors with Clubs to revenge the Deatii of them Brother, which
they did with Courage, and made them all run to their Barracks. What
will be the end of this, God knowd"— Letter from "Xew York, Jan. 22,
1770," publishad in "The ,St. James Chronicle, or British Evening Post,"
No. 1412, London, M.arch 15, 1770,
"An ill-humor has been artfully avorked up between Uie Towns-people
and soldiers, which produced several ailrays, and daily, by means of wicked
incendiaries, grew more serious. At last some Towns-people began to
arm, and the Soldiers rushed from their Barracks to support their fellow
Soldiers. Had it not been for the interposition of the magistrates, and of
the most respectable inh.abitants, and of the OflScers of the Army, it had
become a very dangerous afl'air— as it was, only a fcAv wounds and bruises
were received on both sides."— i/cKt Cor. Colden's Desjjatch to the Honn
Government, No. 9, Now York, 21 Feb., 1770.
EEEATA.
The distauce between tiie residence of the author of this tract, aud tbe
place where it has been printed, added to causes over which the author
has h.ad no control, has rendered it probable tbat, here and tiiere, especial
ly in the foot-notes, there mav be typotjraphical errors in the precedin'
p.ages. " ^
To th.at portion of tiie work embraced between jiages Sl and 96, both
inclusive, however, tiie abo\e remarks do not, in the least applv The
printers assumed the responsibility of sprinkling "Ib'id" over the foot-notes
in tiiat portion of the work, without consult 'uig the author, and of sending
Uie entire form to press 'without his correct ions; and. as tiiey have refused
to correct the injustice ^\-llicb they have tiius inflicted, and 'as the author
has no control over the subject, to secure the corrections, he thus cautious
the reader ag.ainst i/te author ilies which the j,r inters have thus cited iu
support of his statements.
Morrisania, Nov. 14, Isiiii. HENRY B. DAAVSON.

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