A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants, Part 25

Author: Eastman, Francis Smith, 1803-1846 or 7
Publication date: 1832
Publisher: New York, A. K. White
Number of Pages: 930


USA > New York > A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants > Part 25


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SEC. IX. The operations on lake Ontario were less decisive. During the latter part of summer and autumn, frequent skirmishes took place, but no important advantage was obtained by either party.


The British had a powerful naval force on lake Ontario, at this time commanded by commodore Yeo, and had thus far held the entire control of the lake. After great exertions, commodore Chauncey had succeeded in preparing a fleet nearly equal to that of the enemy, and sailed from Sackett's Harbor about the middle of July. His movements were, however, much embarrassed by the heavy sailing of his vessels. He made several attempts to bring the enemy to an engagement, but, by their superior sailing, they escaped from his pursuit.


The two squadrons had a running fight on the 11th of Sep- tember, in which the enemy sustained considerable damage, both in men and vessels. After being for some days block- aded at Duck Island, they escaped to Kingston, and commo- dore Chauncey returned to Sackett's Harbor. On the 5th of October, Chauncey discovered seven sail of the enemy, near the False Ducks, and immediately gave chase. The enemy, soon after, set fire to, and abandoned, one of their


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vessels; and five others were compelled to surrender, with about 300 prisoners of war. The captured vessels proved to be transports from York, with troops, bound to Kingston.


SEC. X. Soon after the capture of the ene- my's fleet on lake Eric, Detroit fell into the hands of the Americans, and great preparations were made for the conquest of Montreal.


, This object was to be accomplished by two divisions, under generals Wilkinson and Hampton, who were to effect a junction on the St. Lawrence. The division under Wilkinson moved down the river early in November. On the 11th, a severe but indecisive engagement took place between a detachment of the Americans, under general Boyd, and a detachment of the enemy, under lieutenant-colonel 'Morrison, at Williamsburg. The loss of the Americans, in killed and wound- ed, was above 300; that of the enemy was unknown.


The force of the Americans, in this action, consisted of indefinite detachments from the boats, and consequently it is impossible to give an accurate statement of the number on the field. They were estimated at from 1600 to 1700 men. The force of the enemy was estimated at from 1200 to 2000, exclusive of militia. Both parties claimed the victory in this battle ; the British, because they captured a piece of cannon, and because the Americans retired from the battle- ground ; the Americans, because they fully accomplished their object, in beating back the enemy, who was harassing them in their progress down the river. The British account states, that they took 100 prisoners, of which no mention is made by the Americans .*


SEC. XI. General Hampton made a short


* Historical Register.


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incursion into Canada ; but, owing to some mis- understanding between the two commanders, no junction was effected. The enterprise against Montreal was soon after abandoned, and the troops retired to winter quarters at French Mills, in the vicinity of St. Regis. Fort George was evacuated by the Americans about the middle of December. The fortress was blown up, and the town of Newark, situated a mile below, and containing about 200 houses, was laid in ashes.


SEC. XII. On the 19th of December, the British crossed over above fort Niagara, and succeeded in taking the place by storm. The attack was made about 4 o'clock in the morning, and the garrison were completely surprised. Such as escaped the fury of the first onset made some ineffectual resistance, but were soon compelled to surrender.


After the capture of the fort, the British pro- ceeded up the river, and, having driven off a detachment of militia stationed at Lewistown Heights, burned that village and those of Youngstown, Manchester, and the Indian Tus- carora. On the 30th, another detachment of the British crossed over near Black Rock. They were opposed by the militia under general Hall; but, overpowered by the numbers and discipline of the enemy, the militia soon gave way, and were totally routed. Having set fire to Black Rock, the enemy advanced to Buffalo, and, by the burning of that place, completed the desolation of the Niagara frontier.


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SEC. XIII. 1814. Fort Erie was taken by the Americans early in July, and, during the same month, sanguinary battles were fought at Chippewa and Bridgewater. On the 14th of August, the British made an attempt to regain possession of fort Erie. After a severe engage- ment, they were repulsed with the loss of 600 in killed, wounded and prisoners. The loss of the Americans was about 240.


In the battle of Bridgewater, or Niagara, the Americans · were commanded by generals Brown and Scott; the British by generals Drummond and Riall. The battle commenced at 4 o'clock, P. M., and continued till midnight. The British were compelled to retire with the loss of 900 in killed, wound- ed and prisoners. The loss of the Americans did not ex- ceed 100.


SEC. XIV. Sir George Prevost, with an army of 14,000 men, made a descent upon Plattsburg, where he arrived on the 11th of September, and, after a severe engagement, was compelled to re- tire with great loss. The British fleet on lake Champlain, commanded by commodore Downic, was the same day captured by that of the Amer- icans under commodore Macdonough.


Both the Americans and the British had, at this time, a re- spectable force on lake Champlain. That of the latter was superior, amounting to 95 guns, and 1050 men, while the American squadron carried but 86 guns, and 826 men.


The American fleet was lying off Plattsburg, when the British squadron was observed bearing down in order of battle. An engagement ensued, which lasted 2 hours and 20 minutes. By this time, the enemy was silenced, and one frigate, one brig and two sloops of war fell into the hands of the Ameri- cans. Several British galleys were sunk, and a few others


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escaped. The loss of the Americans was 52 killed, and 58 wounded ; of the British, 84 killed, and 110 wounded.


.


On the commencement of the naval action, sir George Prevost led up his forces against the American works, and began throwing upon them shells, balls and rockets. The Americans, at the same time, opened a severe and destructive fire from their forts. Before sunset, the temporary batteries of the enemy were all silenced, and every attempt to cross from Plattsburg to the American works repelled. At 9 o'clock, the object was abandoned, and the British general hastily drew off his forces, diminished by killed, wounded and desert- cd, 2500. Large quantities of military stores were abandoned, and fell into the hands of the Americans. -


In March of the present year, the American navy suffered no inconsiderable loss in the Essex, commanded by commo- dore Porter, which was captured by a superior Britishi force in the bay of Valparaiso, South America. In April, the British brig Epervier, after an action of 42 minutes, was sur- rendered to the American sloop of war Peacock.


Some important enterprises were undertaken by the enemy at the south thie present year. In August, above 50 sail of the British arrived in the Chesapeake. On the 23d, a large detaclunent forced their way to Washington, and burned the capitol, president's house, and executive offices. They then hastily retired, and regained their shipping. Early in Sep- tember, an enterprise was conducted against Baltimore. After an unsuccessful engagement on the 12th, the British were repulsed with the loss of general Ross, their commander-in- chief.


In December, the enemy's fleet, consisting of 60 sail, ap- peared off the coast of the Mississippi. A detachment of 15,000 were landed, under command of sir Edward Packen- ham, and, on the 8th of January, attacked the Americans, consisting of about 6000, chiefly militia, under general Jackson, in their entrenchments before New Orleans. After an obsti- nate engagement, the enemy were compelled to retire, with the loss of their commander, and near 3000 men in killed, wounded and prisoners.


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SEC. XV. The war was soon after terminated by the treaty of Ghent. This treaty was signed by the commissioners of the two countries on the 24th of December, 1814, and ratified by the president and senate on the 17th of February following.


This treaty made provision " for the suspension of hostilities -the exchange of prisoners-the restoration of territories and possessions obtained by the contending powers during the war-and a combined effort for the abolition of the slave trade." No provision was made in regard to the subjects for which the war was avowedly undertaken. It was, however, con- tended by the friends of the administration, that as the orders in council had been repealed, and the motives for impressment ceased with the wars in Europe, the grounds of the contro- versy now no longer existed.


SEC. XVI. The termination of hostilities presented an opportunity for resuming the great plans of improvement in the internal navigation of the state. In 1816, an act was passed, di- recting the commissioners "to devise and adopt such measures as might be requisite to facilitate and effect a communication, by means of canals and locks, between the navigable waters of Hudson's river and lake Erie, and the said nav- igable waters and lake Champlain." Nothing of importance was, however, effected the pres- ent year.


During the session of 1817, a memorial was presented, signed by above 100,000 of the citi- zens, calling upon the legislature to pass laws for the commencement and execution of the proposed canals. An act was accordingly pass-


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1 ed, and large appropriations made for this pur- pose. The Erie and Champlain canals were immediately commenced, and vigorous measures taken for their prosecution.


On the revival of this subject, at the close of the war, the state of the public mind was found to be highly unfavorable to the enterprise. The excitement, which had been produced by the reports of the commissioners, in 1811 and 1812, had mostly subsided, and great doubts were entertained, by a large body of the citizens, of the practicability of the pro- ,posed undertaking. Many, intimidated by the magnitude of the work, apprehended that the resources of the state were entirely inadequate to secure its completion. In addition to these difficulties, the measure was warmly opposed on party grounds.


In 1816, the commissioners again made report to the legis- lature, and stated, that their former opinions had been con- firmed by reflection and additional inquiry. Their report was clear and conclusive, but failed in producing any very impor- tant results. Some measures were taken for the furtherance of the work, but its importance, and the advantages which must result from it, were, at this time, very imperfectly ap- preciated. The commissioners appointed the present year were Stephen Van Rensselaer, De Witt Clinton, Samuel Young, Joseph Ellicott and Myron Holley.


In autumn, several distinguished individuals,* aware of the gloomy and discouraged state of the public mind, proceeded to call a meeting of the citizens, at the city hotel, in New York, to take into consideration the propriety of an applica- tion to the legislature, in favor of prosecuting the canals. The meeting was large, and highly respectable. William Bayard was placed in the chair, when the business was opened by judge Platt, followed by De Witt Clinton, John Swartwout, and others. Messrs. Clinton, Swartwout and Eddy were con- stituted a committee to prepare a memorial to the legislature.


This memorial was drafted by Mr. Clinton, and drawn in a masterly style, embracing a lucid and comprehensive view of


* Judge Pitt, De Witt Clinton, and Thomas Eddy


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, .he immense advantages that would be produced to the state by the completion of the canal. Copies, which were sent throughout the state, were eagerly signed by thousands, and carried full conviction to every mind. The project immedi- ately became popular, the legislature was roused, and the several successive acts passed for the prosecution of the work. A system of finance was drawn up by Mr. Clinton, which, with some trifling alterations, was adopted, and went into successful operation .*


SEC. XVII. In 1817, governor Tompkins was chosen vice-president of the United States, and De Witt Clinton was elected to succeed him as governor of New York. In 1822, Mr. Clinton declined a reelection, and was succeeded by Joseph C. Yates. The constitution of the state, having been revised by the convention at Albany, the preceding year, was accepted by the people in January. (See General Views.) In 1824, Mr. Clinton was again reelected to the office of governor.


The great system of internal improvement, commenced in 1817, was vigorously prosecuted, and attended by a success equalled only by the spirit and enterprise with which it was conduct- ed. The Champlain canal, 71 miles in length, was completed in 1823. The Erie canal, 362 miles in length, was completed, and in successful operation, in October, 1825. The consumma- tion of this most magnificent and glorious en- terprise of the age was celebrated by a great state jubilee, and the peal of cannon was heard from the shores of lake Erie to those of the Atlantic.


* See Documents relating to the Canals.


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1


GENERAL VIEWS.


Constitution and Laws. Political Divisions.


Cities and Villages. Agriculture, Manufac- tures, Commerce, Canals. Banks. Militia.


Education. Literary Institutions. Religion.


1


Population. Character.


SEC. I. Constitution and Laws. On the ab- olition of the regal authority, the convention of the state, in 1777, established a republican con- stitution. It was revised in 1821, by a conven- tion at Albany, and underwent many important · improvements. The new constitution was pre- sented to the people the following year, and accepted by a majority of more than 33,000


votes. The constitution secures to the citizens the right of suffrage, freedom of conscience in matters of religion, the privilege of habeas cor- pus, and trial by jury in all criminal cases, protection of private property, and freedom of the press.


The acts of the legislature of this state, with such parts of the common and statute laws of England and Great Britain, and such acts of the colonial assembly, as are not repugnant to the constitution, and the acts of the state legislature, constitute the laws of the state of New York.


The following is a copy of the constitution, as formed by


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the convention of 1821, and accepted by the people in Jan- uary, 1822.


We, the people of the state of New York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish the following constitution :


ARTICLE I .- Legislature.


SEC. I. The legislative power of this state shall be vested in a senate and assembly.


SEC. II. The senate shall consist of 32 members. The senators shall be chosen for four years, and shall be freeholders. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.


SEC. III. A majority of each house shall constitute a , quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each house shall choose its own offi- cers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor.


SEC. IV. Each house shall keep a journal of its proceed- ings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.


SEC. V. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators.


The first district shall consist of the counties of Suffolk, Queen's, King's, Richmond and New York.


The second district shall consist of the counties of West- Chester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan.


The third district shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie and Schenectady.


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The fourth district shall consist of the counties of Saratoga, Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin and St. Lawrence.


The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis and Jefferson.


The sixth district shall consist of the counties of Dela- ware, Otsego, Chenango, Broome, Cortland, Tompkins and Tioga.


The seventh district shall consist of the counties of Onon- daga, Cayuga, Seneca and Ontario.


The eighth district shall consist of the counties of Steuben, Livingston, Monroe, Genesce, Niagara, Eric, Allegany, Cat- taraugus and Chattauque.


And as soon as the senate shall meet, after the first election, to be held in pursuance of this constitution, they shall cause the senators to be divided by lot into four classes of eight in each, so that every district shall have one senator of each class ; the classes to be numbered one, two, three and four. And the seats of the first class shall be vacated at the end of the first year ; of the second class, at the end of the second year ; of the third class, at the end of the third year ; of the fourth class, at the end of the fourth year, in order that one senator be annually elected in each senate district.


SEC. VI. An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter : and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers, and persons of color not taxed ; and shall remain unaltered until the return of another enumeration ; and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district.


SEC. VII. The members of the assembly shall be chosen by counties, and shall be apportioned among the several coun- ties of the state, as nearly as may be, according to the num- bers of their respective inhabitants, excluding aliens, paupers,


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and persons of color not taxed. An apportionment of mem bers of assembly shall be made by the legislature, at its first session after the return of every enumeration, and, when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature, according to the last enumeration taken under the authority of the United States, as nearly as may be. Every county heretofore established, and separately organized, shall always be entitled to one member of the assembly, and no new county shall hereafter be erected, unless its population shall entitle it to a member.


SEC. VIII. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other.


SEC. IX. The members of the legislature shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury ; but no increase of the com- pensation shall take effect during the year in which it shall have been made. And no law shall be passed increasing the compensation of the members of the legislature beyond the sum of three dollars a day.


SEC. X. No member of the legislature shall receive any civil appointment from the governor and senate, or from the legislature, during the term for which he shall have been elected.


SEC. IX. No person, being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.


SEC. XII. Every bill which shall have passed the senate and assembly, shall, before it become a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it" shall have originated, who shall enter the objections at large 28*


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on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and, if approved by two thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legisla- ture shall, by their adjournment, prevent its return; in which case it shall not be a law.


SEC. XIII. All officers holding their offices during good behavior, may be removed by joint resolution of the two houses of the legislature, if two thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein.


SEC. XIV. The political year shall begin on the first day of January; and the legislature shall every year assemble on the first Tuesday of January, unless a different day shall be appointed by law.


SEC. XV. The next election for governor, lieutenant-gov- ernor, senators, and members of assembly, shall commence on the first Monday of November, one thousand eight hun- dred and twenty-two; and all subsequent elections shall be held at such time in the month of October or November as the legislature shall by law provide.


SEC. XVI. The governor, lieutenant-governor, senators, and members of assembly, first elected under this constitution, shall enter on the duties of their respective offices on the first day of January, one thousand eight hundred and twenty-three ; and the governor, lieutenant-governor, senators, and members of assembly, now in office, shall continue to hold the same until the first day of January, one thousand eight hundred and twenty-three, and no longer.


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ARTICLE II .- Electors.


SEC. I. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a res- ident of the town or county where he may offer his vote ; and shall have, within the year next preceding the election, paid a tax to the state or county, assessed upon his real or person- al property ; or shall, by law, be exempted from taxation ; or, being armed and equipped according to law, shall have per- formed, within that year, military duty in the militia of this state ; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this state : And also every male citizen of the age of twenty-one years, who shall have been, for three years next preceding such election, an inhabitant of this state, and for the last year a resident in the town or county where he may offer his vote; and shall have been, within the last year, as- sessed to labor upon the public highways, and shall have per- formed the labor, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people : But no man of color, unless he shall have been for three years a citizen of this state, and for one year next preceding any election, shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon ; and shall have been actually rated, and paid a tax thercon, shall be entitled to vote at any such election. And no person of color shall be subject to · direct taxation, unless he shall be seized and possessed of such real estate as aforesaid.


SEC. II. Laws may be passed, excluding from the right of suffrage persons who have been, or may be, convicted of in- famous crimes.


SEC. III. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suf frage hereby established.




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