USA > New York > A history of Long Island, from its earliest settlement to the present time > Part 112
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place he had filled so long and so well, and lie continued to serve as their representative till October 17, 1720, when he was again ex- pelled, for protesting against the legality of the house and refusing to unite in an address to the governor. Thus ended his public career, but to the end of his life he was in his native town an honored man.
The following documents illustrate the de- tails of this controversy from Captain Mul- ford's standpoint and were written by him:
A MEMORIAL OF SEVERAL AGGRIEVANCES AND OPPRESSIONS OF HIS MAJESTY'S SUBJECTS IN THE COLONY OF NEW YORK IN AMERICA
Sheweth : When the Enemies of the Nation had, by their wicked Councils and trayterous Intreagues, brought our Nation to thie very Brink of being swallowed un by Popish Superstition and Arbitrary Governnient, it pleased the Almighty God by his wonderful Omnipotence to bring in Peace and settle his Most Sacred Majesty, King GEORGE, upon the British Throne; and it is to be hoped, that his Subjects in distant Countries, and in par- ticular those of the Colony of New York may in some Measure feel the Influence of his Happy Government, and be in due time re- lieved from all Oppressions.
The West End of the Island Nassau, (the then Manhados) Hutsons River and Staten Island were first settled by the Dutch from Holland, in great Danger and Hardship many of them being slain by the Salvages; the East End of the same Island by English under the Crown of England (they then being a Part of Connecticut-Colony) who also settled in great Hazard and Hardship. In some time after the Natives were suppressed, in the Year 1664, General Nicols with a Fleet of Ships and some Land Forces reduced the then Man- hados to the King's Obedience, it being de- livered to him upon Articles. And being thus subjected to the Crown, King Charles the Sec- ond making a grant of the same to his Brother James Duke of York, as by the same may at large appear, the said General Nicols and Com- missioners demanded the East End of the Island: and though the Inhabitants thereof were much against, being moved from Con- necticut to New York, yet it was their Misery and unhappy Fate to have it to be so. The
1
732
HISTORY OF LONG ISLAND.
Governor, Commissioners and Council took upon them the Legislative Power, and the Peo- ple were governed by their Ordinances, until Governor Dungan came to be over them, thien an Assembly were called, which Privilege was then declared to be the People's Right; and some time after an Act of Assembly passed, That the Persons to be Elected to sit as Rep- resentatives in the General Assembly front time to time, for the several Cities, Towns, Counties, Shires, Divisions or Mannors of this Province, and all Places within the same, shall be according to the Proportion and Number hereafter expressed; that is to say, For the City and County of New-York four, for the County of Suffolk two, for Queens-County two, for Kings-County two, for the County of Richmond two, for the County of West- chester two, for the County of Ulster two, for the County of Albany two, for the Mannor of Ranslerwick one, and for Dukes County two, and as many more as their Majesties, their Heirs and Successors shall think fit to establish; That all Persons chosen as afore- said, or the major Part of them shall be deemed and accounted the Representatives of this Province in General Assembly, and such Acts made by them, consented to by the Governor and Counsel, shall be the Laws of the Province, until they are disallowed by their Majesties, their Heirs and Successors, or expire by their own Limitation. And though by this Act, their Majesties, their Heirs and Successors may establish as many more, as they shall think fit : It is not to be thought that our Most Gracious Sovereign King George, will estab- lish so many in such Places, that they may live upon other Parts of the Government, and great Injustice be done thereby, neither give Power to his Governor so to do; But that his Most Sacred Majesty would have Justice done : Not- withstanding of late there hath been Precepts issued out for Choice of Representatives in what Part and Places of the Government as he pleaseth. So that notwithstanding the Law, they are raised to the Number of Twenty Five ; and now the Minor Part of the People in the Government have the Major Part of the As- sembly, and for their Interest Oppress a great Part of the People, and they lie under great Disadvantages ; as may appear by the follow- ing proportion of a 4000l. Tax, and several other Particulars upon the several Counties in the Colony, here is an Account of the men, Inhabitants in each County, and their Rep-
resentatives in the Assembly; also the Quota of Tax in the same.
of Men
Assembly
Men
Quota of Tax
L S
D
In the City and County of New Yk
1200
4
885 00
0
County of Albany, with Ranslerw'h
540
1
175 10
0
Kings County.
420
2
730 00
0
Queens County .
1000
644 10
0
County of Suffolk
800
680,10
0
County of Ulster.
620
2
311 10 0
County of Westchester.
630
3
240 00 0
County of Richmond
350
2
226 13 4
Orange County .
6.5
2
60.00 0
Dutchess County
60
2
46 06 8
5685 25 4000 00 0
By this plan it is evident, that the several Counties are very unequally Represented, as well with Regard to the Number of Inhabi- tants in each, as to the Taxes they pay; And to this Disproportion of Assembly-Men is to be ascribed the unequal Taxing of the several Counties, without respect to their Number of People, their Riches and Commerce. To
evince this it will appear, that Kings-County, Queens-County and County of Suffolk, which contain 2220 Men, have only Six Representa- tives in Assembly, and are taxed 2055l. where- as all the other Counties, having in them 3465 Men and so many Representatives that they are Taxed only at 1945l. So that at this time there is up Hudsons River Ten Assembly- Men, in Albany, Ranslerwick, Ulster, Orange and Dutchess Counties, and all those Ten rep- resent, do not pay in one Tax so much as one County on the Island of Nassau, where they have but two in each County. And for what Disbursements and Services done on the same Island, for publick Service there is very little if anything paid them: When for publick Dis- bursements and Services done up Hudsons River (do but give it the Name for their Maj- esties Service) altho' it be to draw Trade to them, or to go to purchase Land for them- selves, it is brought to the Assembly to put the Charge upon the Country ; and for the most part they get twice so much as others in part of the Government would demand for the same Service, if it were not for the Publick.
It is a Privilege to have an Assembly, if it were as near as may be according to the Num- ber of the People in each County, that Justice and Right might be done: But to have the
Number
733
NOTES AND ILLUSTRATIONS.
Name and nothing of the Nature, is but a Snare to the greatest Part of the People in the Colony, and would be easier for them that there was not any Assembly, than to have such an One as endeavour to live upon their Neigh- bours, and not by them, and shall be called True and Loyal Subjects, complying to all Pro- posals for some Men's Advantage; when otlı- ers, endeavoring to have Justice and Right done, and speak any thing for Property and Liberty of the Subjects, shall be looked upon as Criminals, if not prosecuted for the same, as Capt. Mulford was. It is supposed there are some things else besides Loyalty, as An Office with a Sallary, A Grant of some Lands, and A Sallery of Three Hundred Pounds per Ann. to the Commissioners of the Indian Af- fairs at Albany ; though it is not known to the Country, what Service they do to the King or Country, except it be to draw Trade to themselves and Debts upon the Country, and procure a Resolve of the Assembly to allow them 300/. per Annum for five Years, and also to Allow the Indians 400l. by a Resolve of the House for the same time. And so in time of Peace have brought the Colony to be Tributaries to the Heathen, and when the five Years are expired, the Indians will expect it for ever; and if they have it not, they will think they have just Cause to Quarrel with the English. And of what dismal Consequence are such Measures! But it is thought that the Indians did not expect such a Present now, but that it was somebody else that wanted it: For 400/. at New York, with the Customary Advance of 5ol. Per Cent. at Albany, makes 6ool. And if the Indians have 400l. there, it will do; also somebody must present it to the Indians, who in Retaliation return several Packs of Beaver and other Skins: The Report is, that sometimes to the Value of the Present, which is unknown to the Publick what becomes of it. But it is thought to be the greatest Rea- son of Making the Present, and so bring His Majesties Subjects to be Tributaries. If it were of Necessity to do it, and were for the publick good of the Plantations in America, why do not the Neighbouring Colonies assist, which are as deeply concerned for their own Security ?
The Indians that fled out of New-England are setled near Albany, and those from North- Carolina, when fled from thence, come there for Shelter, amongst those Indians which their Majesties Subjects in New-York-Government
are brought to be Tributaries to; and it is thought that the Present that was made to. those Indians in the Year 1713, put them in a Capacity to assist in destroying their Majes- the Subjects in South-Carolina. The Report is, That when the Wars were in North-Caro- lina they had Assistance from South Carolina, the Albany-Members informed the Assembly, That there was Five Hundred of the Enemy Indians come amongst the Five Nations. They also informed the House, That they thought it was requisit to make a Present to the In- dians : Amongst some slight Arguments, they said, The young Men amongst our Indians armed themselves, and it was to be feared they were upon some ill Design: So in the latter End of the Summer they had a Present of 400l. The Report was, That the Winter fol- lowing there were Indians from South-Caro- lina amongst the Five Nations, complaining that the English at South Carolina had taken their Land from them, and craved their As- sistance. In the Spring following the Wars were at South-Carolina, and it was reported, that several Indians from those Five Nations were gone when the Wars were there, and the latter End of that Summer the Indians Sold (at Scunnatade, about twenty Miles above Al- bany,) Beaver Hats bound with Silver Lace, Wigs, good Broad Cloth Coats, and Shirts: It is so reported that it is thought to be real Matter of Fact, and it might be well if it were not so. It was commonly reported, That the Albany-People made a Truce with the French of Canada, and had a Trade with them all the Time of the Wars: Notwithstanding by their Remonstrances to the Assembly, of their Dan- ger, and they being a Frontier, the Country was at great charge keeping Garrison there, and all the Officers must be of Albany, and most of the Money for that Service centers among them; which was thought to be the greatest Reason for that Service.
And if the Governor for the time being hath power to establish so many Representa- tives, and in what Places of the Government he pleaseth (as it now is) and such as for their own Interest will do and comply with all the Proposals to bring it to pass, and the Governor to put in Office whom he will, and as many as he pleaseth, and allow them what Sallary he sees cause, and all the publick Money in the Government at his Disposal, to no other Use but at his Will: Then the Peo- ple in the Colony have not the Property and
734
HISTORY OF LONG ISLAND.
Liberty of English Subjects, but are subjected to some Mens Avarice; not only to those who have the Name of Christians, but to the bar- barous and cruel Heathen. And is it not a Dishonour to His Majesties Crown and Dig- nity, that his Subjects should be sold Tribu- taries to them? Would it not be better for them to part with one Half of their Personal Estates, for Encouragement for 5000 or 6000 Men to come and suppress those Salvages, that his Majesties Subjects could not live quietly hy, and to possess their Lands, and not become Tributaries to them, or at least to do as those of Quebeck did in October, 18, 1716, on the Interruption of their Commerce by the Savages, living Four Hundred Leagues up the Country, went with Three Hundred French and Six Hundred Savages their Allies, to bring them to a better Temper: And find- ing the Enemy well entrenched with Pallisa- does and good Ditches, they planted them- selves near enough to the Pallisadoes, and threw two Granadoes, brought them to Sur- render and agree to pay the Expence they had been at, and restore to the French their former Skin-Trade, as before; and they had but one Frenchman and two Savages wounded in that Expedition, though there were above 3000 Men Women and Children in that Fort. So that it is a Quære, whether it be not more for some particular Mens Interest, to make so much Stir for Presents to the Indians and bring the Colony to such vast Charge, than it is for the publick Good.
The poor Colony of New-York, containing in it not above 6000 Men at the most. were at the Charge of at least 30000l. upon the Expe- dition for Canada, upwards of 27000l. to pay some small Debts and make good the Embas- selment of the publick Money in the Govern- ment, and 4045l. per Annum for five Years by Resolves of the House, part of which is to bring them to be Tributaries to the Heathen, and pay Men to bring it so to be; and now the Colony is miserably distressed, if not vas- saled : The Sence whereof caused several to move out of the same, and several more pur- pose to do so, if they cannot be relieved.
A great Part of the Aggrievances and In- justice done in the Colony may be ascribed to an trnequal Proportion of Representatives ; and if not redressed, may ruin the Colony. If there were an equal Proportion of them, as near as may be according to the Number of the People in each County, then they might
in the strongest Manner unite the Hearts of all the Subjects, and put an effectual End to all the Feuds and Animosities that have ob- structed Prosperity in the Colony for a Course of many Years.
There is a Court of Chancery erected at New-York, where the Governor is sole Judge, and if he demands any thing in the King's Name and it is not comply'd with, they shall be subpoena'd to the Court of Chancery, where the Governor shall judge whether he shall have his Demands; the Masters of Chancery shall not judge in the Cause, only tax the Costs of the Court. So in all Cases that come to that Court, the Governor is only and sole Judge, whether the Cause be right by the Ver- dict of Twelve Men and Judgment upon the same. So the Governor becomes The End of all Law and Judgment in the Government : Let the Judicial Reader judge, whether it be not a Miserable and Unhappy Fate to be sub- jected, both Persons and Estates, to the Will and Pleasure of any Governor for the time being, especially considering the People under the Government by Experience find the chief End of their Coming. It may be said, You have an Agent for your Colony. Answer, Though there be an Act for an Agent for the Colony of New-York, yet by the same Act he is Agent for the Governor, and not for the Country, they have nothing to do but to pay him, and send to him such Instructions as the Governor shall approve of; for it is said in the Act, That the Instructions sent to him, shall be by the Governor and Council, or Gen- eral Assembly; and what is sent by the Gov- ernor and Council, shall be Signed by the Governor and major Part of the Council, re- siding within the Province, and what is sent by the General Assembly, shall be Signed by the major Part of them and the Speaker; and if any thing comes to him otherwise, then as aforesaid, he shall not have any Regard to it.
Observe, The Governor hath Power to call some to sit in Council, they must acquiesce with what he proposeth, lest thev be suspend- ed; and for the Assembly; if the Governor hath Power to have them chosen where he pleaseth, and get the Soldiers to chuse for such Men in New-York as they shall be directed to chuse to serve upon the Assembly, the most subtle Men to have a grant of some Lands, an office with a large Sallary, as several of the Assem- bly Men have, they must comply to the Gov- ernor's Proposals, and make Resolves to allow
735
NOTES AND ILLUSTRATIONS.
the Governor I710l. per Annum for five Years, the Chief Justice 300l. per Annum, for the same time, the Commissioners of the Indian Affairs at Albany 300l. per Annum, for the same time, and some others of the Assembly Sums too tedious here to relate.
So that some for their Interest and others for Fear dare not oppose any thing proposed, but comply with whatsoever is for the Gov- ernor's and some cunning Mens Advantages : And how can the major Part of the Assembly make known the Aggrievances of the People, when they are drawn and deter'd from speak- ing. And if the major Part and Speaker of the Assembly should be about to send to the Agent, if the Governor should not like it, he could dissolve the Assembly at his Pleasure, and so prevent them of sending. So it must be what he pleaseth; and if Demetrius and the Craftsmen of the same Occupation made such an Uproar about Paul's Preaching the Gospel at Ephesus, because it took away their gain and Wealth, what Stir do you think these Men will make, if any should endeavour to break the Schemes they have laid, whereby they get their Wealth, and wholly subject the People to their Pleasure? But if the Governor be in- fallible, and the People under his Government both Persons and Estates at his Pleasure, then it is in vain to dispond or complain; but if the People have Property, and the Government ought to be carried on for His Majesties Bene- fit, and Good of the Subjects, then such Meas- ures as these ought to be took into considera- tion and what is amiss to be rectified.
The People in New-York Government have been called Stubborn, Reflectorv, little if any thing less than Rebels, when they have been Oppressed under the Government, and Ruin- ous Measures taken amongst them, whereby they are deprived of the Privileges of English- men, and they have been uneasie under the same: And there is not any Reason to Villify, Scandalize and Reproach them, except to ren- der them so vile, that not any should have re- gard of them, to relieve them from Oppres- sions. But he that doth Injustice dishonours the King, and those that endeavour to uphold and vindicate such, are Accessories though not Principals.
These are some of the Measures that are and have been taken in New-York Govern- ment ; although the truth of this may be ques- tioned, yet many One in the Colony of New- York by woful Experience knows this and sev-
eral other Oppressions to be real Matter of Fact.
And although there was an Act of Parlia- ment passed in the Reign of King William III. For Punishing of Governors of Planta- tions in this Kingdom, for Crimes by them committed in the Plantations, what Benefit can the People in New-York Gov- ernment have by this Act, when they can not have an Agent to be informed of the Aggrievances of the People, nor any Publick Money in the Government, to enable any other Person to do it, but what the Governor pleas- eth. And for particular persons, when denied to make Use of the Customs of the Colony and Grants made by former Governors, denied the Benefit of the Laws of the Colony, Prose- cuted contrary to Law, passed upon and de- stroyed without due Course of Law; How shall they be relieved from such Oppressions, when by their Poverty and Ruinous Measures are so impoverish'd, that they have not Money to prosecute in such Case? These must be Ruin'd: for there is not any Fencing against a Flail.
So, by what is here set forth, may be left to the Consideration of all Judicial Persons, what Encouragement such a small People as are in New-York Colony have, to allow their Governor such a large Sallery. Quære, Is the Government carried on for their Majesties Benefit, and Good of the Subjects, according to the Laws and Customs of the Colony, and according to English Government ; or is it Ar- bitrary, Illegal, Grievous, Oppressive, Unjust and Destructive?
AN INFORMATION.
It hath been a Custom, for above 60 Years, (several Years before New-York was Subject- ed to the Crown of England) for their Majes- ties Subjects, on the East End of Long-Island then belonging to Connecticut Colony, to go out upon the Seas adjacent to their Land, Six Men in a small boat to take and kill Whales and other Fish, and the Capters to have all they killed, brought on Shore, or left dead or wounded ; so that they came on Shore with Wind or Sea, which continued above Fifty Years, before the Capters heard of any Duty for so doing, until of late, by violent Proceed- ings, frighted some to do it, when generally it was look'd upon to be an Imposition, contrary to the Law of the Colony: And while my
736
HISTORY OF LONG ISLAND.
Lord Lovelace was Governour; Maj. Engols- bee Lieutenant Governour, and Colonel Beat- man President, there was not any thing de- manded nor paid by the Capters; so it ceased until Brigadier Hunter came ; then he imposed upon the People, seizing Whales, Oyl and Bone, and subpæna'd the Capters to New-York to the Court of Chancery, issuing out Prosecu- tions at Law, to compel People to pay Duty for that Fishery: Whereupon, in the Year 1712, they commenced an Action of Trover against me, in the Supream Court at New- York, and also arrested Colonel Richard Floyd and my two sons Timothy and Matthew Mul- ford, in an Action of Trover, for converting the Queens Goods to their own Use: This was carried on from Court to Court, to the Number of Fifteen or Sixteen Courts. Here follows the Defence I made in the Courts.
SAMUEL MULFORD'S DEFENCE FOR HIS WHALE FISHING.
New-York, March the 15th, 1715-16. The Custom of the Whale-Fishing is a Free Custom ; because there is not any Law to Prohibit it: It is an Antient Custom, to the Third and Fourth Generation; it is more An- tient than the Colony of New-York, and not in any Man's Memory to the contrary till of late: And in the Year 1686, we, the town of Easthampton, had a Patent to us, by the King's Governour, with several Priviledges therein granted to this Corporation, for which we pay 40s. per Annum to the Crown, amongst which it was granted to us, to have Rivers, Rivulets, Waters, Lakes, Ponds, Brooks, Streams, Beaches, Quarries, Mines, Minerals, Creeks, Harbours, High-Ways and Easements ; Fish- ing, Hawking, Hunting and Fowling, [Silver and Gold Mines excepted] and all other Fran- chises, Profits, Commodities and Heredita- ments, whatsoever, to the said Tracts and Necks of Land belonging or in any wise ap- pertaining, or there withal used, accepted, re- puted or taken to belong, or any wise apper- tain, To All Intents and Purposes, and Con- structions whatsoever: So that we have Wat- ers, Lakes, which is Sea, and Fishing granted to us, and nothing prohibited, but granted to us, except Silver and Gold Mines, The Whale- Fishing was our Fishing at the time of the Grant, and several Years before; so we hold it to be our Right to continue so to do, it be- ing reputed to be one of the Franchises con-
firmed to us both by Patent, Law and Rea- son: And in the Third Year of King Will- iam and Queen Mary, 1691, there was an Act of Assembly passed, That no Aid, Tax, Tall- age, or Custom, Loan, Benevolence, Gift, Ex- cise, Duty or Imposition whatsoever, shall be Laid, assessed, imposed, levied or required of or on any of their Majesties Subjects in this Province: Or their Estates upon any manner of Colour or Pretence whatsoever ; but by the Act and Consent of the Governour, and Coun- sels, and Representatives of the People, in General Assembly met and convened ; also by another Act of Assembly, made at the same time, confirming Patents and Grants, which by the Act may at large appear, And also unto all and every of the several respective Free Holders, their Heirs and Assigns for ever within this Province, are to all Intents and Purposes whatsoever, hereby Ratified and con- firmed to have, Hold, Exercise, occupy, pos- sess and enjoy all their, and every of their Former Riglits, Customs, Prerogatives, Privi- ledges, Preheminences, Practices, Imunities, Liberties, Franchises, Royalties and Usages whatsoever: And in their Majesties Letters Patent to the Governour for the time being, saith, You shall call to your Self, some of the principal Free-Holders to sit in General As- sembly, and such Acts as are made by them, consented to by the Governour and Counsel, shall be the Law of the Province, except they are disallowed by us. These two acts above mentioned were never disallowed by the Crown that ever I heard of, neither by Record or In- formation from the Crown to this Govern- ment ; so consequently they must be the Laws of this Colony, until they appear to be dis- allowed by their Majesties: So that the Prose- cution of me, for Whale-Fishing, I take it to be against the Form of our Grant to this Cor- poration ; against the Laws of this Colony, and against Reason and the Governour for the time being's Instructions from the Crown; for it is said therein, You shall carry on the Govern- ment for our Benefit and the Good of the Sub- jects, according to the Laws and Customs of the Colony. It is hurt to the Common-Wealth of this Colony, against the Crown to hinder Effects being taken, to make Returns Home for England, to purchase the Manufacture of the growth of that Realm; and although Mr. Attorney General was pleased to commence an Action in Behalf of the Crown, in the Su- pream Court at New-York, against me, and
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