USA > New York > New York City > History of New York city from the discovery to the present day, V.1 > Part 12
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The establishment of an English post at Oswego was a cause of high displeasure to the French, who, in order to intercept the trade from the upper lakes that would otherwise be drawn thither, and thus be diverted from Montreal, determined to repossess themselves of Niagara, rebuild the trading-house at that point, and repair their dilapidated fort. The assent of the Onondagas to this meas- ure was obtained by the Baron de Longueil, who visited their country for that purpose, through the influence of Joncaire and his Jesuit associates. But the other mem- bers of the Confederacy, disapproving of the movement, declared the permission given to be void, and dispatched messengers to Niagara to arrest the procedure. With a just appreciation of the importance of such an encroach- ment upon their territory, the Confederates met Mr.
1727. Burnet in council upon the subject at Albany in 1727. "We come to you howling," said the chiefs; "and this is the reason why we howl, that the
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Governor.of Canada encroaches upon our land and builds thereon." Governor Burnet made them a speech on the occasion, beautifully expressed in their own figurative language, which gave them great satisfaction .* The chiefs, declaring themselves unable to resist this invasion of the French, entreated the English for succor, and for- mally surrendered their country to the great king, " to be protected by him for their use," as heretofore stated. But Governor Burnet, being at that period involved in political difficulties with an Assembly too short-sighted or too factious .to appreciate the importance of preserv- ing so able a head to the colonial government, was enabled to do nothing more for the protection of the In- dians than to erect a small military defense at Oswego; and even this work of necessity he was obliged to per- form at his own private expense. Meantime the French completed and secured their works at Niagara without molestation.
In the course of the same year, having been thwarted in his enlarged and patriotic views by several successive assemblies, Mr. Burnet, one of the ablest and wisest of the colonial administrators, retired from the government of New York, and accepted that of Massachusetts and New Hampshire. His departure, personally, was universally regretted. He was not only a man of letters, but of wit- a believer in the Christian religion, yet not a serious pro- fessor. A variety of amusing anecdotes has been related of him. When on his way from New York to assume the government at Boston, one of the committee who went from that town to meet him on the borders of Rhode Island was the facetious Colonel Tailer. Burnet com- plained of the long graces that were said before meals by clergymen on the road, and asked when they would
* Smith's History of New York.
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shorten. Tailer answered : "The graces will increase in length till you come to Boston; after that they will shorten till you come to your government of New Hamp- shire, where your excellency will find no grace at all."
Colonel John Montgomery succeeded Mr. Burnet in the government of the colonies of New York and New Jersey in the month of April, 1728. He was a Scotchman, 1728. and bred a soldier. But quitting the profession of arms, he went into Parliament, serving, also, for a time, as groom of the bed-chamber to his majesty George II, before his accession to the throne. He was a man of moderate abilities and slender literary attainments. He was too good-natured a man to excite enmities; and his administration was one of tranquil inaction. He was an indolent man, and had not character enough to inspire opposition.
The French, perceiving this, and enraged at the. erec- tion of a fort at Oswego, were now menacing that post. The new Governor thereupon met the Six Nations in council at Albany, to renew the covenant chain, and en- gage them in the defense of that important station. Large presents were distributed among them, and they declared their willingness to join the reinforcements detached from the independent companies for that service. Being apprised of these preparations, the French desisted from their threatened invasion.
Much of the opposition to the administration of Gov- ernor Burnet had been fomented and kept alive by the Albanians, who, by the shrewdness of his Indian policy, and the vigorous measures by which he had enforced it, had been interrupted in their illicit trade in Indian goods with Montreal, and also by the importers of those goods residing in the city of New York. Sustained, however, by his council-board, and by the very able memoir of Dr. Colden upon that subject, Mr. Burnet, as the reader
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has already been apprised, had succeeded in giving a new and more advantageous character to the inland trade, while the Indian relations of the colony had been placed upon a better footing, in so far, at least, as the opportuni- ties of the French to tamper with them had been measur- ably cut off. But in December of the succeeding year, owing to some intrigues that were never clearly under- stood, all these advantages were suddenly relinquished by an act of the Crown repealing the measures of Mr. Bur- net ; reviving, in effect, the execrable trade of the Alba- nians,' and thus at once re-opening the door of intrigue between the French and the Six Nations, which had been so wisely closed.
The three principal events, however, of Montgomery's administration affecting the city itself, were the grant of an amended city charter in 1730, by which the jurisdiction of the city was fixed to begin at 1730. King's Bridge, the establishment of a line of stages to run between New York and Philadelphia once a fortnight during the winter months, and the founding of the first public library.
For more than a century there had been no public library in the city; but in the year 1729 some sixteen hundred and twenty-two volumes were bequeathed by the Rev. John Millington, rector of Newington, England, to the " Venerable Society for the Propagation of the Gospel in Foreign Parts," by whom the books were in turn imme- diately presented to the city. To this number also was added another collection, the gift of the Rev. John Sharp, chaplain to Lord Bellamont, when both collections, now one, were opened to the public as the " Corporation Library." The librarian dying soon after, the books were neglected until 1754, when a few public-spirited citizens founded the Society Library, at the same time adding the Corpo- ration collection and depositing the whole in the City
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Hall. The undertaking prospered, and in 1772 George III granted it a charter. During the Revolutionary struggle the library was neglected; but when peace was restored in 1783, the society revived their charter and again set themselves to work collecting those volumes that had been scattered and replacing those irretrievably lost by new ones. Their efforts were so far successful as to warrant them in erecting a library building on Nassau Street, opposite the Dutch church, a building that for a long time was considered one of the finest specimens of architecture , of which the city could boast. Thence it was removed to the Mechanics' Society building on Chambers Street, where it remained until the completion of their new and fine edifice in 1840 on the corner of Broadway and Leonard Street. This spot was next vacated and quarters were obtained for it in the new Bible House, Astor Place, whence, in 1857, it once more removed to its beautiful edifice in University Place, between Twelfth and Thir- teenth Streets. Such is a short sketch of the first public library of New York, commenced one hundred and thirty- nine years ago.
On the decease of Colonel Montgomery, in 1731, the duties of the colonial executive were for a brief period exercised by Mr. Rip Van Dam, as President of 1731. the Council .* His administration was signalized by the memorable infraction of the treaty of Utrecht by the French, who then invaded the clearly-defined territory of New York, and built the fortress of St. Frederick, at Crown Point, a work which gave them the command of Lake Champlain-the highway between the English and French colonies. The pusillanimity evinced by the gov- ernment of New York on the occasion of that flagrant
* Mr. Van Dam was an eminent merchant in the city of New York, " of a fair estate," says Smith, the historian, "though distinguished more for the in- tegrity of his heart than his capacity to hold the reins of government."
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encroachment upon its domains, excites the amazement of the retrospective reviewer. Massachusetts, alarmed at this advance of the rivals, if not natural enemies, of the English upon the settlement of the latter, first called the attention of the authorities of New York to the subject ; but the information was received with the most provoking indifference. There was a regular military force in the colony abundantly sufficient, by a prompt movement, to repel the aggression, yet not even a remonstrance was uttered against it. With the exception of this infringe- ment upon the territory of New York, nothing worthy of special mention occurred during the ad- 1732. ministration of Mr. Van Dam. In August, 1732, Colonel William Cosby arrived in New York as his successor.
The first act. of the new Governor was one which, having its rise at first in a mere personal quarrel, was des- tined to establish, for all time in America, the question of
the liberty of the press. The act of the Governor here alluded to was the institution of proceedings against Rip Van Dam to recover half of the salary which the latter had received during his occupation of the Governor's chair. The suit was decided against Van Dam, who was consequently suspended from the exercise of his functions as President of the Council. This unfair decision natu- rally aroused the indignation of the people, who gave vent to their feelings in squibs and lampoons hurled without mercy at the Governor and his party. These were, in turn, answered by the New York Gazette, a paper published by William Bradford in the interest of the Government ; and the controversy finally grew so bitter that John Peter Zenger, a printer by trade, was induced, under the patron- age, as was supposed, of Rip Van Dam, to start a new paper, the New York Weekly Journal-the columns of which " were to be devoted to opposing the colonial administration of Governor Cosby. The columns of the new paper teemed
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with able and spicy articles assailing the acts of the Gov- ernor-written, probably, by William Smith and James Alexander, the two prominent lawyers of New York. The Governor, and those members of his council who were his satellites, were not long in bringing themselves into the belief that these articles were actionable ; and thus it hap- pened that the first great libel suit tried in this city was insti- tuted by the Government, in 1734, against Zenger. 1734. The latter, in a pamphlet which he wrote afterward' upon his trial, quaintly says :* "As there was but one Printer in the Province of New York that printed a public ' News Paper, I was in Hopes, if I undertook to publish an- other, I might make it worth my while, and I soon found that my Hopes were not groundless. My first paper was printed November 15th, 1733, and I continued printing and publishing of them (I thought to the satisfaction of every body) till the January following, when the Chief Justice was pleased to animadvert upon the Doctrine of Libels in a long charge given in that term to the Grand Jury."
Zenger was thereupon imprisoned on Sunday, the 17th of November, 1734, by virtue of a warrant from the Gov- ernor and Council; and a concurrence of the House of Representatives in the prosecution was requested. The House, however, declined by laying the request of the Council upon the table. The Governor and Council then ordered the libelous papers to be burned by the common hangman or whipper, near the pillory. But both the com- mon whipper and the common hangman were officers of the Corporation, not of the Crown, and they declined officiating at the illumination. The papers were therefore
* This pamphlet, which is excedingly rare, is a large 8vo (516 x 912 inches) of 39 pages. It is entitled : A Brief Narrative of the Case and Trial of John Peter Zenger, Printer of the New York Weekly Journal :- New York Printed : Lancaster re-printed, and sold by W. Dunlap, at the New Printing Offices, Queen Street, 1736.
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burned by the Sheriff's negro servant at the order of the Governor .* An ineffectual attempt was next made to procure an indictment against Zenger, but the Grand Jury refused to find a bill. The Attorney-General was then directed to file no information against him for printing the libels, and he was consequently kept in prison until another term. His counsel offered exceptions to the com- missions of the judges, which the latter not only refused to hear, but excluded his counsel, Messrs. Smith and Alex- ander, from the bar. Zenger then obtained other counsel - -John Chambers of New York, and Andrew Hamilton of Philadelphia. The trial at length came on and excited great interest. The truth, under the old English law of libel, could never be given in evidence, and was of course excluded on the present trial. Hamilton, nevertheless, tried the case with consummate ability. He showed the jury that they were the judges as well of the law as the fact, and Zenger was acquitted. "The jury," says Zenger in relating the result of the trial, " withdrew, and in a small time returned, and being asked by the clerk whether they were agreed upon their verdict and whether John
* In the pamphlet before alluded to, Zenger gives the following account of this proceeding :
" At a council held at Fort George in New York the 2d of November, 1734, present, His Excellency William Cosby, Captain-General and Governor-in-Chief, &c., r. Clark, Mr. Harrison, Dr. Colden " [a note says Dr. Colden was that day at Esopus, ninety miles away], "Mr. Livingston, Mr. Kennedy, the Chief Jus- tice, Mr. Cortlandt, Mr. Lane, Mr. Horsmanden :
" Whereas, By an order of the Board of this day, some of John Peter Zen- ger's journals, entitled the New York Weekly Journal, Nos. 7, 47, 48, 49, were ordered to be burned by the hands of the common hangman or whipper, near the pillory of this city, on Wednesday. the 6th inst., between the hours of eleven and twelve. It is therefore ordered that the Mayor and Magistrates of this city do attend at the burning of the several papers or journals aforesaid, numbered as above-mentioned,
FRED. MORRIS, D. Cl. Con. " To ROBERT LURTING, Esq., Mayor of the City of New York, &c."
(The Aldermen protested vigorously against the execution of this order, and refused to instruct the Sheriff to execute it. The Sheriff burned the papers, however, or " delivered them into the hands of his own negro, and ordered him to put them into the fire, which he did.")
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Peter Zenger was guilty of printing and publishing the libels in the information mentioned, they answered by Thomas Hunt, their foreman, NOT GUILTY, upon which there were three huzzas in the hall, which was crowded with people, and the next day I was discharged from imprisonment."
Immediately after the trial the Corporation voted the freedom of the city in a magnificent gold box * to Andrew Hamilton, "for the remarkable service done to this city and colony, by his defense of the rights of mankind and the liberty of the press." .
Twenty years afterward, however, the Government organ itself fell under the displeasure of the reigning powers. Upon the relinquishment of his paper in 1743, it was resumed by James Parker under the double title of the New York Gazette and Weekly Post Boy. In 1753, ten years afterward, Parker took a partner by the name of William Wayman. But neither of the partners, nor both of them together, possessed the indomitable spirit of John Peter Zenger. Having in March, 1756, published an article reflecting upon the people of Ulster and Orange counties, the Assembly, entertaining a high regard for the majesty of the people, took offense thereat, and both the editors were taken into custody by the sergeant-at- arms. What the precise nature of the insult upon the sovereign people of those counties was, does not appear. But the editors behaved in a craven manner. They ac- knowledged their fault, begged pardon of the House, and paid the costs of the proceedings, in addition to all which
* This gold box was five ounces and a half in weight and inclosed the seal of the said Freedom. On its lid were engraved the arms of the City of New York and these mottoes: On the outer part of the lid, DEMERSÆE LEGES- TIMEFACTA LIBERTAS-HÆC TANDEM EMERGUNT. On the inner side of the lid, NON NUMMIS-VIRTUTE PARATUR. On the front of the rim, ITA CUIQUE EVENIAT UT DE REPUBLICA MERUIT. " Which freedom and bos," naively adds Zenger, " was presented in the manner that had been directed, and grate- fully accepted by the said Andrew Homilton, Esquire."
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they gave up the name of the author. He proved to be none other than the Rev. Hezekiah Watkins, a missionary to the County of Ulster, residing at Newburg. The reverend gentleman was accordingly arrested, brought to New York, and voted guilty of a high misdemeanor and contempt of the authority of the House. Of what per- suasion was this Mr. Watkins does not appear. But neither Luther, nor Calvin, nor Hugh Latimer would have betrayed the right of free discussion as he did by begging the pardon of the House, standing to receive a reprimand, paying the fees, and promising to be more circumspect in future-for the purpose of obtaining his discharge. This case affords the most singular instance of the exercise of the doubtful power of punishing for what are called con- tempts on record. A court has unquestionably a right to protect itself from indignity while in session, and so has a legislative body, although the power of punishing for such an offense without trial by jury is now gravely questioned. But for a legislative body to extend the mantle of its protection over its constituency in such a matter is an exercise of power of which, even in the annals of the Star Chamber, when presided over by Archbishop Laud, it is difficult to find a parallel. Sure it is that a people, then or now, who would elect such mem- bers to the Legislature deserve nothing else than con- tempt. From the establishment, however, of the inde- pendence of the country until the present day there has been no attempt to fetter the press by censors or by law ; while the old English law of libel, which prevailed until the beginning of the present century, has been so modi- fied as to allow the truth in all cases to be given in evidence. For the attainment of this great end the country is indebted, more than to all other men, to the early and bosom friend of the late venerable Dr. Nott- Alexander Hamilton.
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: At length the incessant quarrels of the weak and avaricious Cosby with the people and their representa- tives was suddenly terminated by his death in 1736. March, 1736. On his decease, Mr. George Clarke, long a member of the Council, after a brief struggle · with Mr. Van Dam for the presidency, succeeded to the direction of the government, and, being shortly after- ward commissioned as Lieutenant-Governor, continued at the head of the colonial administration from the autumn of 1736 to that of 1743. Mr. Clarke was remotely 1743. connected by marriage with the family of Lord 'Clarendon, having been sent over as Secretary of the colony in the reign of Queen Anne. Being, moreover, a man of strong common sense and of uncommon tact, and. by reason of his long residence in the colony and the several official stations he had held, well acquainted with its affairs, his administration-certainly until toward its close-was comparatively popular, and, all circumstances considered, eminently successful. In the brief struggle for power between himself and Mr. Van Dam, the latter had been sustained by the popular party, while the officers of the Crown and the partisans of Cosby, with few, if any, exceptions, adhered to Mr. Clarke. This difficulty, however, had been speedily ended by a royal confirmation of the somewhat doubtful authority assumed by Mr. Clarke. His own course, moreover, on taking the seals of office, was conciliatory. In his first speech to the General Assembly, he referred in temperate lan- guage to the unhappy divisions which had of late dis- turbed the colony, and which he thought it was then a favorable moment to heal. The English flour-market having been overstocked by large supplies furnished from the other colonies, the attention of the Assembly was directed to the expediency of encouraging domestic man- ufactures in various departments of industry. To the
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Indian affairs of the colony Mr. Clarke invited the spe- cial attention of the Assembly. The military works of Fort Hunter being in a dilapidated condition, and the object of affording protection to the Christian settlements through the Mohawk Valley having been accomplished, the Lieutenant-Governor suggested the erection of a new fort at the carrying-place between the Mohawk River and Wood Creek* leading into the Oneida Lake, and thence through the Oswego River into Lake Ontario; and the transfer of the garrison from Fort Hunter to this new and commanding position. He likewise recommended the repairing of the block-house at Oswego, and the send- ing of smiths and other artificers into the Indian country, ' especially among the Senecas. t
During the greater part of the year 1738-if we ex- cept the establishing of a quarantine on Bedloe's Island and the opening of Rector Street-but little at- tention was paid to local affairs, the principal 1738. historical incident of that year being the memorable con-
* The site, afterward, of Fort Stanwix, now the opulent town of Rome.
t In the course of this Session of the General Assembly, Chief Justice De Lancey, Speaker of the Legislative Council, announced that his duties in the Supreme Court would render it impossible for him to act as Speaker through the session. It was therefore ordered that the oldest Councilor present should thenceforward act as Speaker. Under this order, Dr. Colden first came to the chair.
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On the 26th of October, the Council resolved that they would hold their sittings in the Common Council chamber of the City Hall. The House imme- diately returned a message that they were holding their sessions, and should continue to hold them, in that chamber; and that it was conformable to the constitution that the Council, in its legislative capacity, should sit as a distinct and separate body. During the same session, also, the Council having sent a message to the House by the hand of a deputy-clerk, a message was trans- mitted back, signifying that the House considered such a course disrespectful. Until. that time messages had been conveyed between the Houses, with bills, resolutions, &c., by the hands of their members respectively. The House considered the sending of a clerk an innovation upon their privileges; and Colonel Phillipse, Mr. Verplank, and Mr. Johnson were appointed a committee to wait upon the Council and demand satisfaction. The Council healed the matter by a conciliatory resolution, declaring that no disrespect had been intended.
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tested election between Adolphe Phillipse and Gerrit Van Horne, in connection with which, owing to the extraor- dinary skill and eloquence of Mr. Smith, father of the · historian and counsel for Van Horne, the Hebrew free- holders of the City of New York, from which place both . parties claimed to have been returned to the Assembly, were most unjustly disfranchised, on the ground of their religious creed, and their votes rejected. The colony was greatly excited by this question, and the persuasive powers exerted by Mr. Smith are represented to have been wonderful-equaling, probably, if not surpassing, those of Andrew Hamilton, four years previously, in the great libel case of Zenger-and possibly not excelled even by Patrick Henry a few years afterward, when he dethroned the reason of the court, and led captive the jury, in the great tobacco case in Virginia.
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