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REYNOLDS HISTORICAL GENEALOGY COLLECTION
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01148 8423
Digitized by the Internet Archive in 2010 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/newyorkplantingg02inrobe
840
American Commontocalths
NEW YORK
THE PLANTING AND THE GROWTH OF THE EMPIRE STATE
BY ELLIS H. ROBERTS
IN TWO VOLUMES VOL. II. V. 2
CELSIOR
840
BOSTON AND NEW YORK HOUGHTON, MIFFLIN AND COMPANY (Che Diversibe Press, Cambridge 1927
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1737630
American Commonwealths.
EDITED BY
HORACE E. SCUDDER.
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IV - V
CONTENTS OF VOLUME II.
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III. THE REVOLUTION.
CHAPTER XXII.
PAGE
RESISTANCE. - THE FIRST BLOOD SHED.
1765-1770. - Prediction of Revolt. - Appeals from the Verdicts of Juries. - Congress of 1765. - The Stamp Act. - Arrival of Stamps. - Action of New York Mer- chants. - Non-Importation Pledge. - Popular Protests. - Effigies Hanged and Burned .- Colden and James As- sailed. - The Stamps given up to the People. - Influ- ence of New York. - Sir Henry Moore Governor. - The Sons of Liberty for Union - Rejoicings over Re- peal of the Stamp Act. - Quarters for British Soldiers. - Liberty Pole cut down. - The Assembly refuses Quarters. - Twice Dissolved. - Forbidden to act until Soldiers were provided for. - George Clinton. - Philip Schuyler. - Protests by the Assembly. - Treaty of Fort Stanwix. - The Assembly provides for Quarters. - Indignation. - Alexander McDougall. - Lawlessness of the Soldiers. - Collisions with the People. - Battle of Golden Hill . 359
CHAPTER XXIII.
HESITATION. - DECISION FOR THE UNION.
1770-1775. - British Ministers forbid a Congress. - New York faithful to Non-Importation. - The Pledge Lim-
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CONTENTS OF VOLUME II.
ited to Tea alone. - Earl of Dunmore Governor. - Salary paid from the Royal Treasury. - William Tryon Governor. - Ilarmony. - Shipments of Tea. - Its Landing Forbidden. - Committee of Correspondence. - Tea Confiscated and thrown into the River. - Pro- posals for a General Congress. - Divisions. - John Jay. - Alexander Hamilton. - The Congress. - The New York Assembly in its last Session. - Committees Organized. - Provincial Congress. - Political Revolu- tion
. 380
CHAPTER XXIV.
THE CONFLICT. - NEW YORK BEARS THE BRUNT.
1775-1780. - Ticonderoga and Crown Point Seized. - Vermont - British Troops land in New York. - Sons of Liberty stop the Shipment of Arms. - Provincial Congress. - Gouverneur Morris. - Jay in the Conti- nental Congress. - Expedition against Quebec. - Tory Movements. -- Committees of Safety and Correspond- ence. - Defense of New York City. - Battle of Long Island. - The City Abandoned. - Battle of White Plains. - St. Leger invades the Mohawk Valley. - Battle of Oriskany. - Operation of Burgoyne. - First and Second Battles of Bemus Heights. - Surrender at Saratoga. - Indian - Ravages. - Johnson, Brant, and Butler. - Sullivan's Expedition. - Battle at Stone Arabia. - At St. Johnsville. - Prisoners in New York. 400
CHAPTER XXV.
WAITING FOR VICTORY. - ADOPTION OF CONSTITUTIONS. 1777-1788. - The Representatives of the State. - Form of Constitution. - Organization. - George Clinton, Governor. - Limits Circumscribed. - Articles of Con- federation Ratified. - Stony Point Lost and Recovered. - Ravages of Brant. - Death of Walter Butler. - Nathan Hale. - Major Andre. - Arnold's Treason. -
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CONTENTS OF VOLUME II.
Execution of Huddy. - Conspiracy at Newburg. - New York first to cede its Lands to the Union. - Inde- pendence the only Condition of Peace. - The Treaty of Peace. - Hamilton proposes a Federal Constitution. - Convention in Hartford. - In Annapolis. - Congress asked to call a Constitutional Convention. - Reserva- tions. - The New Constitution. - Amendments Pro- posed. - Ratification Carried
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IV. A STATE IN THE UNION. CHAPTER XXVI.
THE FIRST TASKS OF PEACE.
1783-1795. - Evacuation of New York. - Return of the Tories. - Extension of Settlements. - Sale of State Lands. - Relative Rank of New York. - Mingling of Races. - Commerce. - Agriculture. - Manufactures. - Roads. - Education. - Holland Land Company. - Immigration from New England. - The Professions. - Close of the Fur Trade. - Albany. - New York City. - The State and the National Capital. - The Theatre. -- Newspapers
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CHAPTER XXVII.
PARTIES, THEIR LEADERS AND THEIR DIVISIONS. 1780-1801. - Governor Clinton. - Hamilton. - First Representatives in Congress. - Reflection of George Clinton as Governor. - First United States Senators. - Philip Schuyler. - Rufus King. - Aaron Burr. - Contest between Clinton and Jay. - John Jay chosen Governor. - The Livingston Family. - Senators and Representatives in Congress. - Excitement against France. - De Witt Clinton. - Charter of the Manhat- tan Company. - Rivalry of Hamilton and Burr. - Burr and the Presidency. - Is chosen Vice-President.
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CONTENTS OF VOLUME II.
- New York's Succession of Vice-Presidents. - Cabinet Officers. - Strife over Federal and State Appointments. - Abolition of Slavery . 465
CHAPTER XXVIII.
A TRAGEDY. - LOSS OF THE PRESIDENCY.
1801-1813. - Diversity of Population. - The Shakers. - Material Prosperity. - Constitutional Convention. - Council of Appointment. - Rivalry between Aaron Burr and De Witt Clinton. - Charter of the State Bank at Albany. - Merchants' Bank. - Bank of America. - Legislative Investigation. - Hamilton 'in a Libel Suit. - Morgan Lewis elected Governor over Burr. - Burr's Rage. - Burr kills Hamilton. - James Kent. - Daniel D. Tompkins. - Controversies over Offices. - Tomp- kins elected Governor. - De Witt Clinton Lieutenant Governor. - Candidate for President. - Defeated . . 485
CHAPTER XXIX.
SECOND WAR WITH GREAT BRITAIN.
1810-1815. - Embargo of 1807. - Non-Intercourse of 1809. - Impressment of Seamen. - Outrages at Sea. - New York Delegation in Congress. - Popular Senti- ment. - Activity in the State. - Operations on Lake Champlain and the St. Lawrence. - At Sackets Har- bor. - On the Niagara River. - Lack of Success in 1812. - Attack on Broekville. - Ogdensburg Captured. - Americans take Toronto. - Prevost Repul-ed at Sackets Harbor. - British Activity. - Wilkinson's In- vasion of Canada a Failure. - Close of 1813. - Vic- tories at Chippewa and Lundy's Lane. - Adventures on Lake Ontario. - Victory on Lake Champlain. - A Levy en masse. -- Alarm aud Preparation in New York City. - Treaty of Peace
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CONTENTS OF VOLUME II.
CHAPTER XXX.
WATERWAYS AND THEIR DEVELOPMENT.
1810-1862. - Early Suggestions of Inland Navigation. - Christopher Colles. - Surveys Ordered. - Inland Nav- igation Companies. - Canals at Little Falls, German Flats and Wood Creek. - Navigation in 1807. - Steam on the Hudson. - Original Invention of the Erie Route. - Gouverneur Morris. - Joshna Forman. - Simeon De Witt. - James Geddes. - First Commissioners. - De Witt Clinton. - Aid asked from Congress. - Grants of Land. - Exploration Ordered. - Estimates. - Act for the Construction of the Erie and Champlain Canals. - Governor Tompkins becomes Vice-President. - De- Witt Clinton Governor. - Ground broken at Rome for the Erie Canal. - Canal opened to Utica. - To the Seneca River. - Struggle between Governor Clinton and the Senate. - Clinton removed from the Office of Canal Commissioner. - Is again chosen Governor. - The Erie Canal open from Albany to Buffalo. - Jubi- lations. - Plans of Enlargement. - Conflicts. - En- largement begun. - Cost. - Tonnage. - Tolls. - Value of Merchandise. - Cost of Transportation. - Lateral Canals Built. - Several are "Abandoned. - All Tolls Abolished. - The Canals in Politics. - Scandals. - Railroads. - Effects of the Canal Policy 524
CHAPTER XXXI.
PROGRESS OF EDUCATION.
Number of Colleges, Academies and Schools. - Cost and Annual Expenditure .-- Attendance .- Common Schools in 1885. - Dutch Beginning .. - Early Appropriations by the State. - Lotteries. - Free School in New York. - State Plan. - Lotteries. - Schools in 1818. - Secre- tary of State. - System of 1854. - District School Li-
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CONTENTS OF VOLUME II.
braries. - Religious Instruction. - Governor Seward's Suggestions. - Remission of Tuition. - Popular Vote for Free Schools. - Legislation Modified. - Character of the Schools. - The System Symmetrical. - State Library. - Missionaries and Churches as Educators. - Rev. Charles G. Finney. - The Oneida Community. - The Pulpit .
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CHAPTER XXXII.
CONSTITUTIONS AND JURISPRUDENCE.
1821-1874. - First Constitution. - Convention of 1801. - Convention of 1821. - Executive and Legislative Powers. - The Suffrage. - The Judiciary. - Special Charters for Banks. - Free Banking. - Convention of 1846. - Tenure of Land. - The Judicial System. - Sinking Funds. - Restriction on the Creation of Debts. - Constitution of 1846. - Convention of 1867. - Amendments Adopted. - Constitutional Commission of 1872. - Amendments. - The Constitution a Growth. - Statutes Revised. - Character of the Courts and the Bar . 562
CHAPTER XXXIII.
POLITICAL AFFAIRS, AND CHIEFS IN THEM.
1825-1946. - Martin Van Buren. - Chaos of Parties. - Rise of the Anti-Masons. - Disappearance of Morgan. - Death of De Witt Clinton. - Mr. Van Buren in the Cabinet. - The Albany Regency. - Edwin Croswell. - Thurlow Weed. - Van Buren Vice-President. - William L. Marey Governor. - Van Buren President. - New York in Congress. - Political Revolution of 1840. - Opposition to the Extension of Slavery. - Dis- turbances on the Canadian Frontier. - Burning of the Caroline. - Trial of Alexander McLeod. - Hunter Lodges. - Acts of Violence. - Affair of Windmill Point. - The Disaster. - Fate of the Prisoners. - Wil-
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CONTENTS OF VOLUME II.
liam H. Seward Governor. - William C. Bouck Gov- ernor. - Silas Wright. - Millard Fillmore , 578
CHAPTER XXXIV.
LITERARY ACTIVITY.
French Writers on New York. - Literature of the Dutch Period. - Information for Immigrants. - Writings of the English Governors. - Smith's History. - Early Poets. - Mrs. Bleecker. - William Livingston. - The Newspapers. - Statement of the American Case. - Al- exander Hamilton. - John Jay. - Gouverneur Morris. - The Livingstons. - Philip Freneau. - Ballads of the Revolution. - William Dunlap. - Lindley Murray. - Charles Anthon. - Writings of Missionaries. - Washington Irving. - James K. Paulding. - James Fenimore Cooper. - History and Biography. - Wil- liam L. Stone. - Henry R. Schoolcraft. - Lewis H. Morgan. - John R. Brodhead. - Henry C. Murphy. - William W. Campbell. - County and Local Histories. - Benson J. Lossing. - Henry B. Dawson. - Mrs. Martha J. Lamb. - F. B. Hough. - Joseph Rodman Drake. - Fitz-Greene Halleck. - James Lawson. - William C. Bryant. - Female Writers. - Later Au- thors. - Alfred B. Street. - Editors. - The Pulpit. - The Book of Mormon. - Scientists. - S. F. B. Morse. - New York Historical Society . 600
CHAPTER XXXV. LAND AND RENT.
1839-1846. - The Patroons. - Roval Grants. - Public Domain 7,000.000 Acres. - Long Leases. - Holland Land Company. - Dissatisfaction. - Feudal Tenures. - Agrarian Disturbances. - Estate of the Van Rens- selaers. - Restraints on Alienation. - Riots of 1839. - Appeal to the Military. - Riots of 1845. - Suppressed
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CONTENTS OF VOLUME II.
by Troops. - Constitution of 1846. - Decision of the Court of Appeals. - Riots of 1866. - Division of Es- tates. - Farms and their Product. - Richest Counties. -- Agriculture of the State . 623
CHAPTER XXXVI.
STRUGGLES IN THE COMMONWEALTH.
1847-1858. - Differences of Principle. - Position of the Legislature. - Nomination of Lewis Cass. - Revolt of Van Buren and his Followers. - Buffalo Convention. - Millard Fillmore Vice-President - The Liberty Party. - Fillmore President. - Washington Hunt Governor. - Divisions among the Whigs. - Fillmore's Candidacy for President. - Horatio Seymour Governor. - Consol- idation of Railroads. - Carrying Trade of 1885. - Crystal Palace. - Prohibitory Law Vetoed. - Myron HI. Clark Governor. - Prohibitory Law declared Un- constitutional. - Election of 1856. - John A. King Governor. - Popular Sentiment. - Protests against the Extension of Slavery. - Edwin D. Morgan Gover- nor. - New York in Congress . 633
CHAPTER XXXVII.
THE WAR FOR THE UNION.
1860-1865. - William H. Seward. - Opposition to him. - Charters for Street Railroads. - Democratie Divis- ions. - Mr. Seward in the National Convention. - In Mr. Lincoln's Cabinet. - Efforts for Peace. - Tender of Men and Money. - Meeting at Cooper Institute. - At Tweddle Hall. - Resolutions. - Declarations of Ex- Governor Seymour. - First Levy of Volunteers. - Ad- vances of Money. - Upri-ing of the People: - Union of Parties. - Reaction. - Horatio Seymour chosen Governor. - Criticises the National Administration. - The Draft. - Riots in New York. - They are Sup-
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CONTENTS OF VOLUME II.
pressed. - Revisal of the Enrollment. - New York's Quota Reduced. - The Draft continued. - The Sani- tary Commission. - Care of New York Soldiers. - Election of 1864. - Apprehensions of Violence. - Prep- arations. - Votes of Soldiers. - Incendiarism in New York. - Services of New York Men. - Delegation in Congress. - New York's Contributions in Men and . 651
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CHAPTER XXXVIII.
WEAKNESS AND STRENGTH OF SELF-GOVERNMENT.
1866-1875. - Fenian Invasion of Canada. - Reuben E. Fenton Governor. - Nomination of Horatio Seymour for President. - His Services as a Citizen. - John T. Hoffman Governor. - Government of New York City. - Supervisors. - Rise of William M. Tweed. - His Career. - His Allies. - Exposure. - Arrests. - Trials. - Escape of Tweed. - Captured, convicted, dies in Prison. - Impeachment of Judges. - Collision between Irish Orangemen and Catholics. - Horace Greeley nom- inated for President. - His Career and Death. - John A. Dix Governor. - His Services. - Samuel J. Tilden Governor. - Canal Contracts. - The Canal Ring. - Demands for Reform. - Advanced Standards. - Need of Vigilance on the part of Citizens. - Efficiency of the Popular Will. - New York in Congress . 678
CHAPTER XXXIX.
IN THE NATION'S SECOND CENTURY.
1876-1885. - Samnel J. Tilden Governor. - Candidate for President. - New York and the Republican Nomi- nation. - Mr. Tilden's Contest. - His Career. - Lu- cius Robinson Governor. - Republican State Conven- tion of 1877. - Election of 1878. - The Court of Ap- peals and the "Civil Damages" Act. - The New
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CONTENTS OF VOLUME II.
Capitol. - Election of 1879. - General Condition of the People. - Political Divisions of 1880. - Appointment of William H. Robertson Collector. - Resignation of United States Senators. - Election of Senators. - Charles J. Folger Candidate for Governor. - His Char- acter and Services. - Grover Cleveland Governor. - The Commonwealth and the Presidency in 1884. - Da- vid B. Hill Governor . 700
CHAPTER XL.
MASTER IN MANUFACTURES.
1880. - Occupations of the People. - Value of Annual Manufactures. - Banks of Discount. - Their Growth and Business. - Savings Banks and their Growth. - Transactions at the New York Stock Exchange. - At the Clearing House. - Earnings of Railroads. - Pas- sengers Carried. - Water Power and Steam. - Growth of Manufactures. - New York City Foremost. - Dis- tribution of Industries. - Their Diversity. - Local Specialties. - Products of Various Counties. - Ratio of New York's Manufactures to the whole Union. - Industrial Completeness 716
CHAPTER XLI. THE PRIMACY OF NEW YORK.
Growth of Population. - Compared with Principal Na- tions. - New York and Belgium. - Ratios of the Com- monwealth to the Union. - Diversity of the People and of their Occupations. - The New Yorker as he is. - William H. Seward on Political Divisions. - Causes of Differences. - Lack of Domination of Individuals. - Hospitality to Thought and Inventions. - Leadership of the Many. - Waterways and Commerce. - Absence of State Jealousy. - Devotion to the Union. - Devel- opment since Van Twiller and Stuyvesant. - Guar- anties for the Future
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III. THE REVOLUTION.
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CHAPTER XXII.
RESISTANCE. - THE FIRST BLOOD SHED.
1765-1770.
THE assembly of New York was in accord with popular sentiment in the colony, but not in advance of it. John Morin Scott, in a pub- lished article in May, 1765, over the signature " Freeman," argued that " if the interest of the mother country and her colonies can not be made to coincide, if the same constitution can not take place in both, if the welfare of the mother country necessarily requires a sacrifice of the most valuable natural rights of the colo- nies, their right of making their own laws and disposing of their own property by representa- tives of their own choosing, then the connection between them ought to cease, and sooner or later it must inevitably cease. The English government cannot long act towards a part of its dominions upon principles diametrically op-
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NEW YORK.
posed to its own, without losing itself in the slavery it would impose upon the colonies, or teaching them to throw it off and assert their freedom." The prophecy was bold, and was among the very earliest harbingers of separa- tion.
Another series of petitions and addresses, re- ported by Philip Livingston, in December, 1765, from the grand committee for courts of justice, in behalf of the chairman John Cruger, was adopted by the assembly, repeating the arguments against "internal taxations and du- ties by authority of parliament," and enlarg- ing on the wrong of the " extension of admi- ralty jurisdiction to causes only cognizable at common law, and the granting of appeals from the verdicts of juries." Lieutenant Governor Colden had tried to enforce such an appeal, while the judges of the supreme court had re- sisted his interference, and they had been sus- tained by the council. This incident was the incentive to these petitions, which were fol- lowed by resolutions adopted December 18, 1765, nemine contradicents, as the official journal records, and closing with the declaration " that the duties lately imposed by act of parliament on the trade of this colony are very grievous and burdensome : and in the apprehension of this house, impossible to be paid."
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THE FIRST BLOOD SHED.
The burdens of the navigation act, as it be- gan to be enforced, were keenly felt, and the attitude of parliament in imposing certain duties, followed by the stamp act, aroused all the colonies, and the proposal of New York for mutual correspondence was supplemented by an invitation from Massachusetts for a colonial congress. Seventy-eight delegates assembled, October 7, 1765, in New York, representing all the colonies but Virginia, North Carolina, and Georgia, while New York chose no delegates ; but its committee of correspondence took an important share in the proceedings. Philip Livingston wrote a petition to the king, and John Cruger a " declaration of rights and griev- ances" to the people of England and America, claiming for the colonists " the right of taxing themselves either personally or by representa- tives of their own choosing, the right of trial by jury, and the right of petition." Of the ad- dress to parliament James Otis of Massachu- setts was the author.
The stamp act passed March 22, 1765, was to go into effect in the colonies November 1 of that year. A vessel bearing stamps arrived in New York while the first colonial congress was in session. Out of doors as well as in that body the excitement became intense. Some of the delegates pronounced resistance treason, as it
362
NEW YORK.
doubtless was, and they pleaded in behalf of the supreme authority of parliament. But the congress adopted the addresses, and brought the colonies upon common ground, although the delegates from New York, while earnestly ap- proving the action and wielding large influence in directing it, did not feel empowered to attach their signatures. The assembly, however, No- vember 20, approved of the proceedings of the congress, and renewed its declaration that "all necessary aids to the crown, raised in the col- ony," must be " free gifts of the people."
The merchants of New York were not at all disposed to submit to the stamp act. Isaac Sears, John Lamb, Gershom Mott, William Wiley, and Thomas Robinson were appointed, October 31, 1765, a committee of correspon- dence on their behalf, to agree with residents of other colonies on a general policy. They determined in public meetings to cease impor- tation of all goods, and to prevent the use of . stamps in any case. Handbills had been issued when the stamps first arrived, indicating the popular purpose in these words :-
"PRO PATRIA.
"The first man that either distributes or makes use of stamped paper, let him take care of his house, person and effects.
"WE DARE."
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THE FIRST BLOOD SHED.
The stamp act was printed under the title of " The Folly of England and the Ruin of Amer- ica." November 1, a considerable crowd put up a gallows in the present City Hall park, and hung an effigy to represent Governor Colden, and another, called " the devil," with a boot in his hand, to represent Lord Bute, the British minister. Another band carried Colden in ef- figy to the gate of Fort George, where soldiers were drawn up on the ramparts. There a de- mand was made for the stamps ; as it was re- fused, his carriage was captured and his effigy set upon it. Both bands marched to the Bat- tery, where they spiked thie cannon, and burned carriage and gallows and effigies to ashes. The mob spirit grew strong by exercise, and the rougher element rushed to the house of Major James, the commander of the royal artillery, and its contents of every kind were destroyed by fire ; the colors of his regiment were car- ried off by the crowd.
. This was the popular punishment wreaked on James for blustering - "I will cram the stamps down the throats of the people with the end of my sword;" " if they attempt to rise, I will drive them all out of town for a pack of rascals with four-and-twenty men." He was the first to learn that the atmosphere was stirred by something more than a summer breeze.
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NEW YORK.
The next day an address was read at the coffee-house in Wall street, calling all to sup- press riots ; but Isaac Sears denounced it as a device to prevent the capture of the stamps, and the people gave him their cheers and their sup- port. The "Sons of Liberty," of whom Sears, John Lamb, Alexander McDougall, and Mari- nus Willett were at this time leaders, took the direction of the popular movement, which some- times broke beyond their control. John Cruger, the author of patriotic addresses adopted by the assembly and the congress, was mayor of New York, and, with Robert R. Livingston, Beverly Robinson, and John Stevens, called on Lieutenant Governor Colden to prevent the use of the stamps. The collector appointed to sell them had resigned, and the stamps were in the fort. Colden sought to shirk responsibility by a pledge that he would do nothing with the stamps until the arrival of the new governor, Sir Henry Moore, who was soon expected from England. The mayor's committee repeated his pledge, that " he would not issue nor suffer to be issued any of the stamps now in Fort George." The people were not satisfied. An effort was made for placing the obnoxious pa- pers on a British ship lying in port, but the captain refused to receive them. Thereupon, November 5, the common council demanded
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THE FIRST BLOOD SHED.
the stamps from the lieutenant governor, and he delivered them up to " the mayor and corpo- ration," on a guarantee to make good all losses, and, as he wrote, " in consequence of the unani- mous advice of his Majesty's council, and the concurrence of the commander-in-chief of the king's forces, and to prevent the effusion of blood and the calamities of civil war." The common council acknowledged the concession by an address to "Thomas Gage, Esq., major- general and commander-in-chief of all his Ma- jesty's forces in North America," congratulating him " upon the restoration of this city's tran- quillity and freedom from the impending evils of a civil war." So easy did it appear then to settle the controversy between the colonies and the home government.
Lieutenant Governor Colden wrote to the British ministers : " Whatever happens in this place has the greatest influence in the other colonies ; they have their eyes perpetually on it, and they govern themselves accordingly." Like causes were producing kindred effects in various localities. New York certainly did not wait for inspiration or leadership from other quarters in these critical days. Important as its commerce was, it sacrificed all for liberty. In the presence of the commander-in-chief of the British forces in America, with men-of-war
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NEW YORK.
in the harbor and the army which he was ready to let loose, the colony did not hesitate in its demands and in its acts against involuntary taxation. Sir Henry Moore came out as gov- ernor, November 13, 1765, in the midst of the popular revolt, and he made no effort to en- force the law. The collector for Maryland was seized and compelled to resign the place. Ten boxes of stamps on a brig just arrived were captured by citizens and carried on shore, thrust into tar-barrels, and burned. Officers who held any of the obnoxious papers were diligently hunted out, and surrender compelled. In Albany several persons, to repel intimations, made affidavits that they had never asked to be collectors of stamps and would not accept the office, while Mr. Cuyler admitted he had made an application for it, but swore he would not take it.
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