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REYNOLDS HISTORICAL GENEALOGY COLLECTION
Gc
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01068 6142
HISTORY 1
OF THE
STATE OF NEW YORK.
BY
JOHN ROMEYN BRODHEAD. .
SECOND VOLUME.
..
FIRST EDITION.
840
NEW YORK: HARPER & BROTHERS, PUBLISHERS, FRANKLIN SQUARE. 1871.
340
1735128
HISTORY OF THE STATE OF NEW YORK.
cap. vi. facts were not what Penn and his friends asserted. Berke- ley could only convey what the duke had granted to hint : 1050. Fallacy of l'eau'a ar- gwent. and the duke had never granted to Berkeley express pow- ers of government. Moreover, the Quaker argument dis- ingenuously avoided any reference to the duke's second patent from the king in 1674, while it maintained that the Peace of Westminster had reinvested Berkeley with his annihilated rights. By that treaty, however, as has been seen, the Dutch conquerors relinquished New Netherland to the king; and Charles afterward granted the whole of it to his brother."
Opportuni- ty of the Duke of York.
If the Duke of York had now been free from political anxiety, he might have settled this New Jersey question on the grounds afterward taken by the ministers of William the Third, and declared that his secondary releases neither did nor could transfer rights of government to his grant- ees ; because such sovereign authority, having been intrust- cd to him personally by the king, was "inalienable from the person to whom it is granted."+
But James had again to seek refuge in Scotland from the furious malice of his enemies. In this strait the duke The Duke's resolved to refer "the whole matter" of his right to eus- resolution. toms' duties from West Jersey to the decision of "the greatest lawyer of England," Sir William Jones, who had, just before, resigned his place as attorney general, and was now a vehement opponent of the king. When it had been proposed to govern Jamaica without any Assembly, Jones Sir Wil- liam Jones. advised his sovereign " that he could no more grant a com- mission to levy money on his subjects there without their consent by an Assembly, than they could discharge them- selves from their allegiance to the English Crown." Yet Jones held it to be incontrovertible " that the Parliament might rightfully impose taxes on every dominion of the ('rown." This fallacy was the " universal opinion" of En- glish jurists at that time. An English Parliament might tax an unrepresented colony of England when her sover- eign might not. Jones had been retained by Stoughton and Bulkley, the agents of Massachusetts, as their counsel.
* S. Smith, 117, 121; Leaming and Spicer, 10, 41-45, 64, 413; Gordon, 42; ante, 83, 200. 261, 267.
+ Representation of the Lords of Trade, 21 October, 1701, in Leaming and Spicer, GOT, O ~. 613; S. Smith, 669, 670; Gordon, 23, 54; Bancroft, iii, 47.
1
TA32TS8
£
341
SIR EDMUND ANDROS, GOVERNOR.
and aided them in preventing the change which the king CuAr. VII. meant to make'in its government. And now, this "wary" and "timorous" Parliamentarian advocate uttered a cau- 2S July. tious opinion : "I am not satisfied (by any thing that I Jones's 1680. wary and have yet heard) that the Duke can legally demand that or timorous any other duty from the inhabitants of those lands. And opinion. that which makes the case the stronger against his Royal Highness is, that these inhabitants claim under a grant from his Royal Highness to the Lord Berkeley and Sir George Carteret, in which grant there is no reservation of any profit, or so much as of jurisdiction."*
This was a model report for a referee wishing to evade a decision or becloud the truth. Avoiding several mate- rial facts in the case, Jones cited only the duke's first grant Jones's to Berkeley and Carteret in 1664, and ignored both the fallacious. opinion Dutch conquest of 1673 (which annihilated that grant), and the king's second patent to his brother in 1674. Sir William must have meant either that James never had any " jurisdiction" under his first patent from the king (which was not suggested), or else that the duke liad released-be- cause he had not reserved-that jurisdiction. Yet Jones was too good a lawyer to affirm that a mere release of a "tract of land" with its "appurtenances," in "as full and ample manner" as they had been originally granted, could convey powers of government from one English subject to another. This fallacy would have been too transparent.
The Duke of York, however, had neither time nor ineli- nation to contest the matter. Easily as he might have con- futed its fallacies, he determined to give liberal effect to the late attorney general's cloudy opinion. Without wait- ing for his own counsel-Churchill and Jeffreys-to ap- prove it, James executed a deed tendered by Byllinge, " the GAure-t. more firmly to convey the said West New Jersey to him of York's and the rest of the Proprietors, and plainly to extinguish to West the demand of any customs or other duties from them, Jersey. save the rent as reserved at the first." By this instru-
The Duke
derlajon as
* Clarke's James IT., i., 588-600 ; Col. Doc., ill., 254, 235; Force's Tracts, iv., No. ix .. 45. 46; Mather's Magualia, i., 178; Chalmers's Ann., i., 240, 619, 626; Rev. Coll., 1., 150, 173 : ante, 316. Jones succeeded North as attorney general in 1674; resigned in October, 1679: and was succeeded first by Sir Cresswell Levins, and then by Sir Robert Sawyer: N. Lut- trell, i., 24; Beat-on, i., 410, 433; Kennett, ilf., 300, 259, 991; Burnet, i., 896, 433, 455. 532 : Temple, ii., 532 ; Evelyn, ii., 159: Parl. Hist., iv., 1208. As to Jones's private employment as counsel for the Massachusetts agents, see Palfrey, iii., $26, 567, 268; ante, 316, 526.
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342
HISTORY OF THE STATE OF NEW YORK.
Carr. VIL. ment - which carefully recited the reconquest by the - 1650. The duke released West New Jersey.
Dutch, and the several conveyances of the territory-the duke transferred to Byllinge, Penn, Laurie, and their as- sociates, all the authority and power of government which in the king's two patents to him " were granted or intend- ed to be granted to be exercised by his said Royal High- ness, his heirs, assigns, deputies, officers, or agents in, upon, or in relation unto the said premises hereby confirmed."*
September. The accounts which Philip Carteret sent over of his treatment by Andros soon afterward reached London, and 10 Septem. Lady Carteret, Sir George's widow, complained to the duke, who at once said that " the Lord Proprietor should have all right done him in the enjoyment of the Province and the Government thereof; and that his Royal Highness would not in the least derogate from what he had granted to Sir George Carteret, and doth wholly disown and declare that Sir Edmund Andros had never any such order or authori- ty from him for the doing thereof." As he had just re- leased all claim over West Jersey to Byllinge and his friends, he determined to do the same to the claimants of G Septem. The duke's East Jersey. James therefore directed his counsel to pre- Teloure of Fest Jer- pare a deed confirming to Sir George Carteret, the grand- son and heir of the original grantee, his moiety of New 16 October. Jersey. The next month, a few days before he returned to Edinburgh, the duke executed an instrument by which he relinquished all his claims to East Jersey. These meas- ures were notified by Werden to Andros, to prevent any doubt of the validity of the deeds when they should be produced in New York.t
& Novem.
Complaints against Atros.
The enemies of Sir Edmund had meanwhile not been idle. Complaints were made to the duke not only by the Quakers, but by Billop, and various other "private men ;" and "suggestions" were insinuated that the governor
* Col. Doc., iii., 255; Lcaming and Spicer, 412-419; Chalmers's A w., i., 019, 626; Rev. Col., i., 150, 173; S. Smith, 125, 567 ; ante, 53, 200-263, 303-306.
t Leaming and Spicer, GS5, GSG; Col. Doc., ilf., 255, 286; Chalmers's Ann., i., 619, 626, 627; Commissiona, i., 19; Ord., Warr., etc., xxxii), 41 ; Gordon, 42; Whitehead's E. J., S1, $2, 122; Index N. J. Col. Doc., S; Eliz. Bill, 8; ante, 333, 334. The duke's release of 16 October, 1680, to the youthful Sir George Carteret, seems to have been made without knowing that the trustees under the will of the deceased baronet ha I, on the 6th of March, 1680, conveyed East Jersey to Thomas Cremer and Thomas Pocock : Eliz. Bill, S; Leaming and Spicer, 73. 145. When that became known, the release was probably revoked, or, a: all events, considered inoperative. It is not alluded to in the dake's subsequent grant of 14 March, 16%, to the twenty-four proprietors : Leaming and Spicer, 145, 004; Whitehead's East Jersey, $2, 50; Eastern Boundary of N. J., 42, 51; N. J. H. S. Proc., x., 134-130.
343
SIR EDMUND ANDROS, GOVERNOR.
favored Dutchmen in trade, made laws hurtful to the CHAP, VII. English, detained ships unduly for private reasons, admit- ted Dutch vessels to a direct trade, or traded himself in 1080. the names of others. Moreover, James had received of- fers to farm his revenue in New York, which differed " so vastly" from the accounts rendered by his governor, that he resolved to send out an agent to make " a strict en- quiry" on the spot. As the duke and his officers had "but loose and scattered notions" respecting the government of Andros, he was directed to return " by the first conven- ience" to England ; " that I may have," wrote James, " the 24 May. better opportunity to be informed in all those particular's called. Andros re- from yourselfe, and that you may also have the satisfaction to obviate such matters as, if unanswered, might leave some blemish upon you, how little soever you may (in truth) have deserved any." Sir Edmund was farther di- rected to commit his government to Brockholls, and to give such instructions for the public safety as circum- stances might require." .
Jolm Lewin, supposed to be "a person wholly uncon- 24 May. cerned," was at the same time commissioned by the duke commis- as his "Agent and servant" in New York, Albany, and his agent. other territories in America, to inquire into all his revenue accounts, examine records, and ascertain whether trade had been obstructed, and if so, how it might be encour- aged. Lewin was minutely instructed as to his duties, 21 May. which were, to make such diligent inquiries as might in- Instruc- Lewin's form the duke " of the true state and condition of all those tions. places, in relation to the trade thereof, and of all the parts and branches of the Revenue and other profits, as well cer- tain, as accidental or casual, which doe properly and justly belong unto me, as I am the Proprietor of the said places, or otherwise. And alsce, that I may have a true, full, and just information and knowledge, of the reall, constant, and necessary charge and expense, which must be laid out and issued, for the maintenance and support of the government of those places." Andros was farther directed to enable 1 July. Lewin to take such examinations as he might desire, under oath, within the government of New York.t
John Lewin
sioned as
* Col. Doc., ilf., 253, 5S4; Chalner., i., 592 : Dankers and Sluyter, 360.
t Col. Doc., ill., 270-284; S. Hazard, 470, 471, 472. Lewin appears to have been a Lon-
£
£
344
HISTORY OF THE STATE OF NEW YORK.
CHAP. VIL. The duke's agent reached New York while Sir Edmund was absent at Boston, whither he had gone to meet Lord 1650. 16 October. 23 October. Andros obeys his recall. Culpepper, the governor of Virginia, who was on his way to England. When Andros returned, Lewin exhibited Li: commission, but not his instructions from James. This sudden recall surprised the Governor of New York, who could not anticipate what had occurred about New Jersey after Lewin had left England. But Sir Edmund was tou good a soldier not to know that his first duty was obedi- ence. He therefore summoned his council to meet "the same morning ;" ordered Lewin's commission to be re- corded; and directed it to be communicated to the "other jurisdictions of the government," and published at New York "by ring of bell." Andros also proposed to " go home" at once. To this the council objected that much must be done before the government could be properly 30 October. settled. The next day Brockholls was ordered down from Brockholls appointed command- Albany to take chief command of the province. All its er-in-chief. justices were summoned to meet at the metropolitan hall. 17 Novem. Meeting of cial jus- tices. On the appointed day, the justices who could be had "in the provin- so short a time, and at that season of the year," were pres- ent. Each of them certified to the "good state" of their several precincts ; and, with the advice of his council, which Lewin attended, Sir Edmund ordered " the continu- ing all as then settled."*
By some accident, an important enactment was neg- lected. The customs' rates, which, under James's instruc- tions, had been renewed for three years by his governor in November, 1677, now ceased, by the expiration of their limited term. No order to continue them had been re- ceived from the duke ; and, in the hurry of preparing to The duke's return to England, Sir Edmund either forgot the matter. or supposed it to be settled by his recent general order in council, that every thing was to remair "as then set- tled." Could Andros have foreseen the trouble which this technical or formal omission produced, he would hardly
customs' duties not formally renewed.
don attorney, and was at this very time appointed by the Narragansett proprietors to the one of their agents to represent them before the counch : Arnold's Rhode Island, i .. 463. He seems to have felt aggrieved by some legal proceedings in the Mayor's Court of New York, in a suit to which he was a party : Col. MISS., xxiii., 174; xxix., 2, 8, 1S.
* Col. Doc., ill., 244, 292. 302, 309, 300, 313 ; Col. MISS., xxix., 258; Ord., Warrants, etc., xxxiikg, S, 9, 14; Hazard's Ann., 451; Reg. Penn., jii., 32, 33; iv., $1; ante, 236.
:
8
3-15
SIR EDMUND ANDROS, GOVERNOR.
have neglected to renew the duke's customs' duties by a CHAP. VII. temporary order, which his governor was always empow- ered to make, " with the advice of the council."* 1680.
The end of this year was marked by the appearance of a " blazing star" of extraordinary brilliancy. A few days after Brockholls left Albany, the commissaries there re- ported that " a dreadful comet" had appeared in the south- 9 Decem. west, about two o'clock in the afternoon, and asked for a comet of day of fasting and humiliation to avert the " dreadful pun- served in 1680 ob- . ishments" supposed to be threatened. This pious request ;
The great
America and Eu- was granted. The comet was also observed in New Jer- rope. sey, the New England colonies, and the metropolis. In Europe the brilliant apparition caused as much terror as in America ; and Evelyn, in London, prayed God to "avert his judgments." But the grander Newton, by careful study, made the phenomenon a useful servant of astrono- my, by demonstrating that comets revolve around the sun in parabolic orbits and in regular periods.t
With the new year Andros made his last arrangements 16S1. for his return to England, supposing it would be short, in spite of Lewin's declarations to the contrary. Sir Edmund therefore left his wife in New York. By a special com- mission he appointed Brockholls to be "Commander-in- G Jan'y. Chief of the Militia in this City, Government, and de- leaves pendencies, during my absence, or 'till further orders ; and in any civil matter requiring the same, with the Council to act for the continued welfare of His Majesty's subjects, as a Commander, or Chief Officer may, and ought to do, ac- cording to law and practice." The next day the governor left the metropolis, and soon afterward sailed from Sandy 11 Jan'y. Ilook.₺
New York.
Not long after Andros was recalled from the govern- December. ment of the duke's province, he described it as follows : description Andros's "At my first comeing to New Yorke, I found the place poore, York in of New unsettled, and without trade, except a few small coasters ; 1681.
* Col. Doc., ill., 217, 218, 946, 289, 992 ; Col. MSS., xxvi., 5; Ord., Warr., etc., xxxii x, 43, 44, 45 ; Council Journ., i., Introd., viii. ; ante, 312.
t Ord., Warr., etc., xxxii}{, 31; Doc. Hist., iii., 592; Hutch., i., 34S; Holmes, i., 300; S. Smith's New Jersey, 136, note; Evelyn, ii., 163 ; Grahame, i., 240. See also Sir J. W. F. Herschel's masterly account of this " magnificent" comet in his " Familiar Lectures" (Lon- don, 1860), 108-111.
$ Col. Doc., ill., 286, 809 ; Ord., Warr., etc., xxxii)., 27, 31, 55, 74; Hazard's Reg. Penn., iv., S2; Annal-, 455; Doc. Hist., iii., 532. Secretary Nicolls appears to have accompanied or soon followed Andros to England : Col. Doc., 314, 315; Wood, 150; Col. MISS., xxx., 14.
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346
HISTORY OF THE STATE OF NEW YORK.
Char. VII. hardly any went or came from beyond seas; and severall
1681. parts of the government never before well subjected under his Royall Highness ; since which, by his Royall HL.'s fa- vour, greatly increased in people, trade, buildings, and oth- er improvements ; new townes and settlements lately built, and the Colony improved in all other advantages beyond any of our neighbours. A mold or harbour made to the city, of generall advantage as aforesaid. A market house (the only one in all those parts), and now constantly well supplied; and the navigation increased at least ten times to what it was, and plenty of money (hardly seen there be- fore) and of all sorts of goods at reasonable rates for our owne and neighbours supplies; and noe disaster happened in any part of the government during my command there, though constantly serviceable to our English neighbours both east and west, who suffered much by the Indian war; in the composing whereof, I was a principal instrument ; and also freed neare one hundred of their captives, &c. ] doe not know that any have been discouraged from going to trade or settle at New Yorke; but many hundreds (I may say thousands) have actually come traded and settled ; and very few (if any) have quitted the place during my be- ing there.""
4 March. Founda- tion of Pennsylva- nia.
While Andros was on his way back to England, a British royal parchment founded a new American state. As one of the owners of West Jersey, William Penn had looked closely into the condition of its neighborhood. He saw that there was a vast forest, west of the Delaware River, unoccupied by Europeans, and which, although it had been a part of the ancient Dutch " New Netherland," had not been included within the patent of Charles the Second to the Duke of York. To enterprising British subjects this region was yet a vacant domicile. Nevertheless, the sav- age owners of the Susquehanna country had recently, as has been stated, transferred it to the government of New York. Moreover, James claimed the Delaware territory adjoining Maryland as an appendage to his own province. But William Penn was one of the most adroit Englishmen of his time. Next to George Fox, he had become the ablest minister of Quakerism. Next to Robert Barclay, Penn was
Penn. William
* New York Colonial Documents, ili., 313 ; compare ante, 313.
310
347
ANTHONY BROCKHOLLS, COMMANDER-IN-CHIEF.
its most learned and ingenious champion. His principles CHAP VII. of passive obedience commended him not less to the grace- ful and perfidious Charles than to the more arbitrary yet 1681. honest James. Besides this, Penn had a special clutch on both. His father, Sir William Penn, "the greatest hypo- crite in the world," had been an admiral of England, first under its Protector, and then under its King; and he had been wise enough to secure for himself and his son the friendship of the ever-constant Duke of York. At the ad- miral's death, the king owed his estate some sixteen thou- sand pounds. Of both these circumstances Sir William Penn's cunning heir took advantage. Charles had no mon- ey ; but he claimed much wild land in North America, which he could give away to a favorite, or assign in dis- charge of a debt. So, while the younger Penn was argu- ing his case as a proprietor of West Jersey before the duke's commissioners, he petitioned the king to pay off his dead May. admiral by granting to that admiral's son the vast region for much Peun ask+ "lying north of Maryland ; on the east, bounded with Del- ground. American aware River; on the west, limited as Maryland ; and north- ward, to extend as far as plantable."*
These were vague and startling boundaries for a royal grant in North America. By the king's order, Lord Sun- derland referred this petition to the Plantation Committee, 1 June. who summoned Penn before them, and asked " what extent 14 June. of land he will be contented with northerly ?" Penn de- what will content clared himself " satisfied with three degrees to the north- him. ward; and that he is willing, in lieu of such a grant, to re- mit his debt due to him from his Majesty, or some part of it." This was ordered to be communicated to the agents 23 Jan .. of the Duke of York and of Lord Baltimore, both of whom were concerned. On the part of James, Sir John Werden Maryland and New objected to any interference with the Delaware territory, York con- which was "an appendix" to New York; and Lord Balti- cerned. more's agents prayed that there should be no encroachment on Maryland. Penn, however, represented " his case and circumstances" so skillfully that the duke, who had just re- signed all claim over New Jersey, recommended the king 16 October. to grant him the land north of Newcastle, on the west side
Penna-ked
* Pepys, li., 60; Huzard's Reg. Penn., 1 .. 269, 341-13; Annals, 474; Prond, 1, 167-170; Chalmers, i., 635; Dixon, 173, 174; Grahame, i., 492-439 ; Bancroft, it., 350-302 ; Macaulay, i., 502 ; ante, 4, 328, 233.
720HTZA
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34S
HISTORY OF THE STATE OF NEW YORK.
CHAP. VIL. of the Delaware, "beginning about the latitude of forty 1680. degrees, and extending northwards and westwards as far as his Majesty pleaseth.""
The draft of a patent, which Penn had himself modeled 11 Novem. after Lord Baltimore's Maryland charter, was revised by Sir Robert Sawyer, the new attorney general, and its 1681. boundaries were adjusted. Chief Justice North added January. clauses to secure the king's sovereignty and the power of Parliament ; and at the request of Bishop Compton, of Lon- don, the interests of the Church of England were specially 24 Febr'y. guarded. At length the charter was submitted to the king, Penn's charter for his prov- ince.
that he might name his fresh American province. Pen suggested "New Wales." This was objected to by the Welsh secretary, Blathwayt. Penn then proposed "Syl- vania," because of the magnificent forests of the region. But Charles, out of respect to his deceased admiral, "would give it" his name ; and the new province was accordingly called "Pennsylvania."+
4 March. The En- glich chỉ ter for
The charter of Pennsylvania, as it passed the English great scal, granted to William Penn, and his heirs and as- Pennsylva- signs, "all that tract or part of land in America, with all nia. the islands therein contained, as the same is bounded on the east by Delaware River, from twelve miles distance northward of Newcastle Town unto the three and fortieth degree of northern latitude, if the said river doth extend so far northwards; but if the said river shall not extend so far northward, then, by the said river so far as it doth ex- tend, and from the head of the said river the eastern bounds are to be determined by a meridian line to be drawn from the head of the said river unto the said three and fortieth degree ; The said lands to extend westwards five degrees in Jongitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles distance from Newcastle, northwards and westwards unto the beginning of the fortieth degree of northern latitude; and then by a straight line westwards
* Hazard's Reg. Penn., i., 209, 250; Annais, 475-450; Chalmers, i., 635, 03G, 055_C3 : Proud, i., 170, 269.
t Hazard's Reg., i., 209, 270, 273, 274, 297 ; Annals, 450-500; Chalmers, i., 636, 657, 632; Dixon, 152; Sewel, 576; Hist. Mag., vili., 1$0, 1$1; Penn. Arch., i., 141.
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ANTHONY BROCKHOLLS, COMMANDER-IN-CHIEF.
to the limit of longitude above mentioned." Of this terri- CHAP. VII. tory Penn was made the absolute proprietor, with power to ordain laws, appoint officers, and enjoy the general author- 1681. ity of a feudal chief. But all laws were to be assented to by the freemen of his province, and to be subject to the king's approval ; and no taxes were to be laid nor revenue raised unless by a Provincial Assembly ; reserving, always, the supreme power of the Parliament of England to regu- late commercial duties. Episcopalian clergymen, approved Episcopacy provided by the Bishop of London, were also to "reside within the forin l'enn- said Province, without any denial or molestation whatso- sylvania. ever."*
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