USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. I > Part 15
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It appears that Mr. Bernardus Arint had newly arrived, and the Lutherans accused Mr. Fabricius of certain misdemeanours, which induced the governour to call his council together, with the alder- men, " and other grave persons," who limited the preaching of Fabricius to a farewell sermon, and his functions to installing a successor.
The officers of the Dutch Church petitioned the gover- 1671 nour and council, for leave to'lay a rate, or tax, on the con- gregation for the support of ministers, repairs of the church, and support of the poor : permission was accordingly given. 'The governour had previously, upon application of the elders and dea- cons of this church " to take some care" for providing them ortho- dox ministers, offered 1000 guilders per annum, with house and fire wood, to any such as would come over.
By extracts from the minutes of the council, we know that it was composed of Mr. Lawrence, the mayor, with Messrs. Willet, Bedlow, Boone, Whitefield, Delavall, Van Ruyren, and Mathias Nicholls, secretary.
Charles the II. having entered into a war with Holland, 1672 orders arrived to Lovelace to put the province in a state of defence. The fort at New York was, as we have seen, in- trusted to Captain Manning ; and the governour solicited pecuniary aid from the counties for repairing the defences of the city. Mea- sures were taken for the security of Albany, and a small fort was recommended to be erected at Anthony's Nose, or near it on the . North River.
* Marriages were solemnized by license from the governour.
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12S
RE-CONQUEST BY THE DUTCH.
CHAPTER VIII.
Holland re-conquers New Amsterdam-The fort-Garrison com- - manded by Captain Manning-New Orange-Anthony Colvc -Again restored to the English, and Andros appointed as the Duke of York's governour-Town meetings on Long Island, and application for a representative assembly denied by James-New Jersey.
1073 THE war of 1672, commenced by Charles the II. against the Dutch, (by order of Louis XIV.) under the most fri- volous pretences, produced the surrender of New York to a squadron from Holland of five ships, commanded by Jacob Benkes and Cornelius Evertse, junior, Commodores : and Anthony Colve, Nicholas Boes and Abraham Frederick Van Zye, Captains .*
Ebeling the Dutch Historian, says, when Benkes and Evertson took New York for the states of Holland, they called together the civil officers, and the Dutch conquerors were received with joy. The commissions were renewed, and three Courts of Justice es- tablished : at New Amstel, Delaware Bay, or South River; Op- land, and Esopus. Lovelace had permission to return to England, where he was not well received, and was punished for the loss of the province, though no provision had been made to enable him to defend it. His goods were scized to satisfy a small claim which the king had on him.t
It will be recollected that the towns of Long Island when called upon to aid Lovelace in repairing the defences of the city, refused. It will be remembered that the fort had forty-six cannon, and was garrisoned by one company of regular soldiers, commanded by Captain Manning. The Dutch squadron came to anchor at Staten Island, probably at the watering place near the present Quarantine ground. Some communications by message or letter passed be- tween the commodores and Manning, after which the ships came up, the troops were landed, and the fort given up to them.
I find an entry in the Secretary's Office of the Corporation of New York, in the following words, " July 30th. being Wednesday
* I will remark of Dutch names, that the termination "se" is used indiscrimi- nately with " sen," and means in English "son": thus the Dutch commodore is called Evertse, Evertsen, or Evertson. The English say in like manner Fitzjames, for the son of James : and General Winthrop in 1691, is called Fitzjohn, being the son of John. Robertson, Watson, etc. are likewise English, as " Mac," is Scotch. The Evertsons of New York, were here before 1673.
t See Ebling's work. published in 1796
RESTORED TO THE ENGLISH. 129
in the forenoon, the Mayor and Aldermen having received a letter from the Admiral and Commander of the fleet, now riding under Staten Island, did thereupon summon the chiefs of the inhabitants . to appear at the State House, and communicated the said letter unto them, which was from word to word as followeth."* Here follows the letter or summons of the commodores, in Dutch, signed Jacob Benkes, Cornelis Evertsen d' Jonge,"-A me- morandum closes the page thus : "memorandum." "On the 30th day of July, stilo vetery, ano. 1673, was the fort and city of New York taken by the Dutch." In these transactions, the governour's name does not appear. He was permitted to return to Europe with admiral or commodore, Benkes. The city was called New Orange, and Anthony Colve was commissioned as governour of the province, at the fort, now named Fort "William Henderick."+
The magistrates and constables from New Jersey, Long Island,. Esopus and Albany, appeared at New Orange, and swore allegi- ance to the States General, and the Prince of Orange ; but Gover- nour Colve ruled a very short time : a treaty of peace was signed at Westminster, between England and the States General, which restored to either party, any and all countries, towns, forts, etc. " that have or shall be taken on both sides since the time that the late unhappy war broke out."
1674 Peace was concluded on the 9th of February, 1674, and James to remove any question that might arise from the Dutch occupation, obtained a new patent from his brother, and im- mediately appointed Sir Edmund Andros as the Governour for his province, now again, New York ; and he was commissioned to raise 100 men as a garrison for the fort, again called fort James. The qualifications of Andros for carrying in effect the designs of the Duke of York must have been previously known, for two days after the renewal of the patent he was commissioned. This new patent confirmed to the Duke the power to enact all such ordinances as he or his assigns should think fit, with appeal to the King and Council. No persons could trade with the province but by his permission ; and he could establish such imposts as he deemed necessary. The Duke's instructions to Andros required him, says
· See Appendix, M.
+ When Benkes and Evertse arrived at New York, and Manning surrendered the fort, they took an English vessel of New England. The Connecticut govern- ment sent messengers to the Dutch admiral, remonstrating against subjecting the English of Long Island; and against the capture of the vessel. The Dutch com- mander answered, that they were commissioned to do all damage to the English by land and sea ; that if the towns of Long Island, did not submit they would re- duce them ; and wondered that any question was made as to their taking enemies ships : Connecticut raised her militia and sent troops to Long Island to protect the English.
VOL. I.
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130
ANDROS'S ADMINISTRATION.
Thomas F. Gordon, " to respect the estates of the colonists," and to distribute justice, in the king's name, according to the forms es- tablished by his predecessors.
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The province was resigned to Andros by Anthony Colve, on the 31st of October, 1674, according to Chief Justice Smith, and the first records of council after the English government was re-estab- lished, are dated on that day, and it was then that the fort was sur- rendered to Andros. It was at this council ordered that all magis- trates, who were in office when the Dutch came, should continue for six months from that time. Orders were likewise issued that
the oath of allegiance should be taken by the inhabitants.
1675 In addition to the punishment of Lovelace in England, Andros had orders to seize the estate of the ex-governour for the benefit of the Duke of York; but Manning had repaired to Eng- land, and so far found favour with the king, that the traitor returned to New York and underwent the form of a trial, which (although he confessed that he had treacherously surrendered the fort, and it was proved that his garrison was willing to defend it) resulted in a sentence which spared life, liberty and property-he only suffering the disgrace of having his sword broken, while held by the execu- tioner over his head, in front of the town house at Coenties Slip. May we not conjecture that the needy and profligate Charles was pacified by receiving part of the bribe Manning had taken from the Dutch ? for we know that the king was as mercenary as he was debauched and profuse. To satisfy the Duke, it was necessary that the traitor should return to the scene of his treason and un- dergo the disgrace above mentioned. The punishment must have been ordered to be thus slight, compared with the offence, for it was not conformable to the character of Sir Edmund to be merci- ful : his pride and cruelty were soon made conspicuous. His orders were to be as humane as was consistent with the Duke's interest, and to use punishment rather as a means of terror than an instru- . ment of cruelty.
On the 17th of October, 1675, " Edmund Andross, Esq., Seigneur of Saumarez," by virtue of authority derived from the Duke of York, appointed Mr. William Dervall to be Mayor, Messrs. Gabriel Minvielle, Nicholas De Meyer, Thomas Gibbs, Thomas Lewis, and Stephanus Van Cortlandt, to be Aldermen. John Sharpe was appointed Sheriff. It was ordered that four al- dermen should be a Court of Sessions.
The Council at this time was Mr. Lawrence, Capt. Brockholst, Capt. Dyre, with the Mayor, Aldermen and Secretary.
Nicholas Bayard, with Messrs. Cornelius Steinwick, Johannes Depeyster, Johannes Van Burgh, Cornelius Luyk, Wm. Beckman, Jacob Kip, and Antonius De Mill, had been charged, in the pro- ceding March, with endeavouring to disturb the peace of the province.
131
ANDROS'S ADMINISTRATION.
Chief Justice Smith, tells us, in his Hist. of N. Y., that James "probably to serve the popish cause," recommended a clergyman of the name of Rensaellaer, to fill one of the churches of New York or Albany ; he appears to have chosen Albany, and laid claim to the colonie or manor of Rensaellerwycke, a tract of land extending, says Smith, " twenty-four miles upon Hudson's River, and as many on each side." This claim was referred to legal de- cision, and subsequently decided against the clergyman, and in favour of Kilian Van Rensaellaer. His church preferment was equally unsuccessful, although he was supported by Andros. The congregation of the Dutch Church, among whom appears Jacob Leisler, opposed. this protegee of the Duke of York, and put forward, as the champion of the classis of Amsterdam, (nominally; but probably of the protestant religion,) Dominie Niewenhuyt who objected to Rensaellaer as having received an episcopal ordination. 'The magistrates of Albany, as well as his people, sided with Niew- enhuyt, who was summoned to New York, and by frequent jour- neys so harrassed, that the inhabitants of the city took part with him. At Albany the magistrates threw Rensaellaer into prison, on a charge of certain " dubious words" spoken by him in a sermon. Andros released him, and brought a suit for false imprisonment, requiring bail of each magistrate to the amount of £5000, and imprisoning Jacob Leisler for refusing. From this it appears that Leisler was, in 1675, a magistrate of Albany, and a jealous suppor- ter of the liberty of the people and of the protestant cause. The popular voice finally prevailed, and Andros gave up the contest. Smith in his History of N. Y., very justly observes that these po- pish measures might have caused the violent convulsions in 1655-9, in which Leisler bore so conspicuous a part.
'The indication of a determination on the part of the people to assert their rights was as apparent as the disposition of Andros and his master, to subvert both civil and religious freedom. The in- · habitants of Long Island called town meetings, and those who had formerly been under the jurisdiction of Connecticut, where Charles had carelessly, or from the whim of the moment, given Winthrop authority to establish a representative government, resolved to ad- here to that province ; but this James would not allow, and the whole island was subjected to the government of New York. An- dros laid the claims of these people (many of whom had settled on the island as Connecticut men) before the Duke, but James replied, " I cannot but suspect assemblies would be of dangerous conse- quence : nothing being more known than the aptness of such bodies to assume to themselves many privileges which prove destructive to, or very often disturb the peace of government when they are allowed. Neither do I see any use for them. Things that need redress, may be sure to find it at the quarter sessions," (over which
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132 HIS ATTEMPTS AGAINST CONNECTICUT AND N. JERSEY.
the governour, appointed by the Duke, presided,) "or by appeals to myself."
Andros sent a very civil letter to the government of Connecticut, informing them that he claimed for the Duke of York as far east as the Connecticut River. The messenger was directed to deliver this letter to the general court without hinting its contents until ad- mitted to an audience. Andros foresaw that the claim would be re- sisted ; but nothing daunted he equipped an armed force sufficient to reduce the fort at Saybrook, and proceeded with it to take pos- session of the river described as the limits of his government : and, on the 9th of July, 1675, he appeared with his vessels and troops opposite the fort. The militia of the neighbourhood quickly re- paired to the place, which was ungarrisoned, and Captain Bull promptly took the command, hoisted the kings colours and made show of resistance.
The time for a formal summons, and as formal reply, gave op- portunity for hastily convening the general court and sending a pro- test against Andros's proceeding, and orders to resist the Duke's governour, so that when the hostile summons was made and the king's colours hoisted by Andros, Bull answered by displaying the same standard and refusing to surrender, while Andros lay inactive opposite the fort. On receiving the protest, he asked and obtained permission to land, when he was met by Bull and others. "A refer- rence was proposed which Andros refused, and ordered his patent to be read. Bull forbade the reading. Andros's officer persisted, and was again commanded to desist, and in such manner as assured obedience. Andros seeing he must retreat or fight, chose the pru- dent part, and being accompanied to his boat by Bull and his mili- tia, the governour of New York sailed to the shore of Long Island.
Some of the merchants of New York denied the legality of duties imposed arbitrarily. The grand jury indicted Dyer the collector as a traitor, for encroaching upon the liberties of English subjects. He was sent home for trial ; but no accuser followed. Meantime for a few months, the harbour was free-a free port.
The opposition of the people caused Andros to make a
1678 voyage to England for instructions ; he came back with to orders to proceed as heretofore, but the duke condesended 1683 to limit the arbitrary imposts that had been exacted to three years. This provoked universal disgust, and the next year, upon the increase of the duties, the people showed increased dis- pleasure with a government in which they had no voice. He at- tempted to reform the Reformed Dutch Church, but was obliged to abandon what he asserted was his prerogative.
New Jersey had been assigned to others, and the assigns of James were vested with powers equal to those granted by patent to him ; yet by his countenance, if not instructions, his governour of New
133
DONGAN'S ADMINISTRATION.
York assumed authority over both East and West Jersey. Philip Carteret had wisely encouraged a direct trade with England, instead of circuitous importations through New York. This Andros en- deavoured to suppress by seizing the vessels of East Jersey. These efforts to make his province tributary was resisted by Carteret, upon which Andros had him seized in his place of residence, Elizabeth- town, and borne off prisoner to New York to answer for his conduct. 'The duke being obliged to acknowledge his assignment, made a pretence that he could not grant full prerogative to Sir George Car- teret, but yielded the point as one of courtesy and friendship. An- dros made the quakers of West Jersey pay toll on the Delaware, but they applied to England and were redressed. Every where the people struggled for rights and deserved to be free. The represen- tative government of West Jersey which had been established in 1675, was continued, by the good sense of the proprietors. They were free, for they even elected their governour.
CHAPTER IX.
Governour Dongan-The first representative Assembly-Charter of Liberties-Canadian affairs-Fort Frontignac-French Mis- sionaries, Priests and Jesuits among the Iroquois-Dongan coun- teracts the views of James-The Governours of Virginia and. New York mect the Iroquois at Albany-They profess to be, and ure, independent : the interpreter represent them as otherwise-Er- pedition of M. Barre against the Iroquois-His distress-He is reproved by an Indian-Dongun protests-against a French fort at Niagara-De Nonville's expedition-Dongan recalled. 1 1683 GOVERNOUR ANDROS returned to England in the full favour of James, Duke of York ; and was soon after sent by Charles to introduce a system of tyranny into New England.
Colonel Thomas Dongan, a professed papist, but a wiser man than his master, was commissioned as governour of the Duke's province of New York, September 30th, 1652, but did not arrive until the 25th of August, 1683; and the records of the New York Common Council inform us, that he was pleased to appoint the magistrates to meet him at the City Hall, (Coenties Slip,) when he read and published his commission ; and the magistrates waited upon him to the fort and invited him to dine with them at the City Hall. Dongan was instructed by James, through the advice of William Penn, to call an assembly of representatives.
134
WILLIAM PENN.
It appears strange that two men so essentially different as James, Duke of- York, and William Penn, should be upon terms of inti- macy ; and that the latter should have sufficient influence over the royal papist, to procure an amelioration of the mode of government for the Duke's territories in America. Penn's father, the Admiral, had been in favour with the restored Stuarts ; the more, for having been censured by Cromwell ; and the son, though a quaker and a man of piety, embued with liberal principles, was listened to by James when proposing what was in opposition to the will of his Royal Highness. No doubt the representations made by Andros respecting the turbulent opposition of the province to several of his measures, and the call for a representative assembly, as promised by Nicolls, gave weight to the arguments of Penn, and produced that portion of the instructions to Dongan which yielded to the people a voice in the government of New York, although contrary to the disposition and avowed maxims of James. His brother Charles had proved by the charters he had granted to Rhode Island and Connecticut, that he was indifferent in respect to the manage- ment of the colonies, provided his immediate revenue was not touched ; and his opinions and acts added weight to the persuasions of Penn, as being those of the Duke's sovereign. Thus by the persuasion of a Quaker, did a bigotted Roman Catholic prince give orders to a papistical governour for establishing a representation of the people as a portion of that government which he desired to be exercised despotically over them.
Dongan having as just mentioned arrived, been proclaimed, and received with honour, in the month of August of this year, on the . 17th day of October following, "twenty years," says Bancroft, in his History of the United States, " after Manhattan was first occu- pied, and about thirty years after the first demand of the popular convention by the Dutch, the representatives of the people met in assembly."
The assembly consisted of 17 members, and never exceeded 27 down to the commencement of the revolutionary war. It exercised a discretionary power as to the grant of supplies for the support of government. This was a constant source of difference between the assemblies and the governours ; the latter invariably wishing for a permanent provision. Fletcher began the struggle, as we shall see, in 1696; and it continued as long as England appointed governours for New York.
The Charter of Liberties declared, " Supreme Legislative power shall forever reside in the governour, council, and people, met in general assembly. Every freeholder and freeman shall vote for representatives without restraint. No freeman shall suffer but by judgment of his peers ; and all trials shall be by a jury of twelve men. No tax shall be assessed on any pretence whatever, but by the consent of the assembly. No seaman or soldier shall' be quar-
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REPRESENTATIVE ASSEMBLY.
tered on the inhabitants against their will. No martial law shall exist. No person professing faith in God, by Jesus Christ, shall at any time be any ways disquieted or questioned for any difference of opinion."* But James ascended the throne of England and showed his true character. A direct tax was decreed by 1686 an ordinance. Fees and quitrents were extorted by ques- tioning titles to real estate : and the yeomen of Easthampton having protested against this tyranny, six were arraigned before the Council.t
It will not be uncharitable to suppose, that although James yield- ed to the advice of Penn, and to what seemed to be present ne- cessity, he had determined to seize the first opportunity for estab- lishing an arbitrary government in New York ; for, Andros the late governour, was deputed by Charles, with powers which subverted all the charters of New England ; and he landed in Boston as governour of all those colonies. Glittering with gold, and surrounded by scarlet minions, he prepared to over- throw the liberties so cherished by the Puritans. He was empow- ered and instructed by James, upon his accession to the crown, to remove or appoint members of the Council; and (having created that body) to make laws, levy taxes, and controul the Militia, with the consent of counsellors appointed by himself. To this same Governour Andros, with the same powers, did James, as King of England, consign. New York ; although, as Duke of York, he had granted to the province an Assembly of representatives with other privileges.
It was the great desire of James to introduce the Roman Catholic religion into New York, and Dongan was commissioned by him with that view ; but the Deputy Governour proceeded with more caution in America than was pleasing to his master. This caused his removal in 1686, when James succeeded to the throne. We shall see that the artifices of France to gain the Iroquois by the in- troduction of Jesuits, though seconded by James, were opposed by his governour, who said that the opposition of the Five Nations to Canada was the safeguard of New York. This opposition was one cause for Dongan's removal, though undoubtedly the principal was the desire to make New York and all Upper Canada one govern- ment.
To return to the year 1683. Soon after the arrival of Governour Dongan, he summoned the general assembly and made known the duke's instructions for the gratification of the people. During the session, many important enactments were promulgated .¿
On the 28th of November, the Governours of New York and
' Albany Records. t See Wood.
See Appendix N.
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136
INTRIGUES OF THE FRENCH.
Connecticut settled the boundary line, confining the latter province to the east of Byram River, and of a line twenty miles eastward of the Hudson .*
› The transactions of Governour Dongan with the Iroquois, and in opposition to the French of Canada, were of scarcely less import- ance than the pacification of the people of his province, by the es- tablishment of representation.
I have already mentioned the crection of forts, intended by the French to protect them from the Iroquois. Among these, under pretence of a post for trading, M. de Courcelles obtained permis- sion from the chiefs of the confederacy to build a fort on their avowed territories, at Cadaraqui, or Lake Ontario ; which Count Frontignac afterwards completed and called Fort Frontignac. This was on the northwestern bank of the St. Lawrence, where the river receives the waters of the lake. In 1678, M. De la Salle rebuilt it of stone, and it had four bastions : its circumference was a quarter of a French league ; in front were several small islands, a harbour, and behind it a morass.
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The French introduced their missionaries wherever and when- ever they could among the Iroquois, and notwithstanding that ex- press orders were obtained from James to Dongan, the governour found it necessary to counteract them as much as possible. At a council he held with the Indians, he complained of these priests as disturbers of the peace and the instigators of murder. He spoke to the Iroquois with the words and in the tone of a master, and forbade them to entertain the Jesuits and others sent by the French : but the Iroquois were far from acknowledging his or any European au- thority.
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