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 18
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Colonel Bayard repaired to the foot of Broadway, and found the militia assembled on the parade in front of the fort, where the bowling-green now is. He ordered them to dismiss, after placing the necessary guard in the fort; but he was himself ordered to depart, and his authority set at nought.
The council of Nicholson made an effort to retain the receipts of the customs, by sending Nicholas Bayard and three others of
peace, and preserve the order of the province :" and he is authorized by the same committee, on the 16th of August following, " to use the power and authority of commander-in-chief, until orders shall come from their majesties; and he is author- ized to do all such acts as are requisite for the good of the province, taking council with the militia and civil authority, as occasion shall require."
There is a letter from Leister to Major Nathaniel Gold, on file at Hartford, by which it appears that Gold had been informed of the seizing the fort, and had ap- proved of it. Leister further informs him that Nicholson and his council had caused many of the inhabitants for fear to fall off from the revolutionists ; that on the 2d of June. Leisler entered the fort with fifty men, and learnt on the 3d, that three ships had entered the Hook, when he alanned the town, and called all the train-bands to the fort. where five captains and about 400 men unanimously signed an agreement to hold the fort " for the present protestant power that reigns in England." Not- withstanding which, the lieutenant-governour, Nicholson, continued to issue orders, and intended to send a messenger to England to "act against" the revolutionists. To counteract this, the writer says they will send an address to his majesty, signed by the captains of militia and the inhabitants. And on the 13th of June, 1689, the general court of Connecticut sent a letter, addressed to Captain Jacob Leister and the rest of the captains in New York, approving of the seizure of the fort and the declaration they had put forth, advising them to keep the fort, to "suffer no Roman Catholick to enter the same" with or without arms, nor any such to keep arins within the government. They send Major Nathaniel Gold and Captain James Fitz, ap- pointed to visit and advise them. These gentlemen, on the 26th June, address a paper to the captains, approving the necessity of what they had done, and the truth of their representations; that the fort was out of repair and without ammunition. They call the commandant " noble and loyal Captain Leisler." They repeat the advice to hold the fort and disarm papists, and promise assistance, if required, from Connecticut .- MISS. in N, Y. Ilist. Soc. collection.
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their number to take the place of the officer, Matthew Plowman, to whom payment of duties was refused, on the ground of liis being an avowed papist, and therefore not legally qualified. These gentle- men repaired to the custom house, but found it guarded by militia, and were ordered away. The committee of safety appointed another collector, whose name was Green, and on the arrival of vessels, they sent armed men on board.
Captain Lodowick sent his sergeant, witli a file of men to de- mand the keys of the fort from Nicholson, whose quarters were at a tavern ; but they found him with his council at the city hall, (at the head of Coentie's slip,) to which place Bayard had returned. Nicholson refused to give the keys to Churchill, the sergeant ; but on the appearance of Lodowick, resigned them to him. It was known that the five captains agreed to keep the fort each in his turn, and Lodowick was then in command. It was in imitation of the citizens of Boston that the inhabitants had elected a committe of safety for the immediate government of the province; and they signed an agreement to adhere to the Prince of Orange, and with their lives support the protestant religion. The captains of militia formed part of this committee, and it appears that Jacob Leisler was looked to as the principal in point of age, standing, and mer- cantile credit.
Nicholson had, in the meantime, dissolved his council or con- vention, by getting on board ship, and sailing for England, with Mr. Ennis, the Church of England clergyman. Bayard, who had been very violent, and was exceedingly unpopular, soon after fled to Albany, where Colonel Schuyler, the mayor, and Mr. Living- ston, though willing to declare for William and Mary, would not submit to the government of Leisler and the people of New York.
In the city of New York, Stephanus Van Cortlandt, the mayor, and the aldermen who had taken the oath of allegiance to James, kept up a show of opposition to Leisler; and when the government of Connecticut sent two deputies, (Major Gold and Captain Fitz,) to learn the state of affairs in New York, they, of course, went to Leisler, at the fort, and to him communicated the intelligence that the Prince and Princess of Orange had been proclaimed King and Queen of England. Van Cortlandt, hearing this, assembled the common council at his house, and despatched Alderman Merritt to the fort to request the gentlemen from Connecticut to come to Mr. Van Cortlandt. They came accordingly, and being asked if they had come to New York to proclaim William and Mary, an- swered, no ; but having brouglit the proclamation, as issued in England, with them, they had given it to the commander-in-chief at the fort.
Leisler lost no time, but immediately proclaimed the king and
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LEISLER'S PROCEEDINGS.
queen at the fort ; and proceeding from thence to the city hall, there repeated the proclamation, by sound of trumpet, to the rejoic- ing people.
Van Cortlandt, the mayor, and the aldermen of his party, repaired to Coentie's slip, to be present at the proclamation, but were too late. They were told by the officers of militia that the people were incensed against them. It appears, however, that Leisler invited them to the fort to drink the king and queen's health, but their fears made it an uneasy visit, and they soon retired, not think- ing themselves safe. Indeed, it is said, Leisler advised " a short visit," as he could not be answerable for their safety.
Things continued in this state, awaiting news from England and orders from William's government, to which Leisler wrote, giving an account of the situation of affairs. In a private letter which Leisler sent to the king, he stated the repairs he had made to the fort, and other matters in detail, but not with the clearness of an accustomed writer of the English language .* On the 25th of August, Milbourne, the son-in-law of Leisler, arrived from Eng- land, and being an Englishman, acted as secretary to the com- mander-in-chief.
The mayor, Stephanus Van Cortlandt, appointed by Dongan, and the common council, who had been elected the preceding year, continued in New York, but without authority from William's gov- ernment or without the obedience of the people, and in opposition to them ; and on the approach of the customary time for the elec- tion of a common council and the appointment of mayor, the people assembled in their wards, elected their aldermen and assistants, and for the first time, their mayor, also.
On Sunday, the 29th September, 1689, " at a common council held at the city hall, (Coentie's slip,) the following aldermen and assistants were returned for the ensuing year :t
For the West Ward, Hendrick Van Veurden, Alderman,
Swartwout Offerts, Assistant.
Dock Ward, John Spratt, Alderman,
Garret Duykinck, Assistant.
South Ward, Robert Walters, Alderman,
Johannes Provoost, Assistant.
* The £773 12s. publick money, with that derived from customs and other sources of revenue, I do not doubt but Leisler employed in fortifying, and other expenses for the government; though his enemies, (and they were the only persons who published by means of the press, ) charged him with appropriating all monies to his private use ; but there is neither proof nor probability in the charge. He is accused of paying his soldiers 1ed a day - that is, perhaps, 9d sterling. t See Records in the Clerk's Office of the city of New York.
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LEISLER'S PROCEEDINGS.
North Ward, Cornelius Pluvier,
Hendrick Ten Eyck,
East Ward, John D. Brown,
Peter Adolph,
Out Ward, John Couwanhoven, Wolfert Webbers,
Alderman,
Assistant.
Alderman,
Assistant.
Alderman, Assistant.
We see by the above, that the common council elected by the people, had taken possession of the city hall ; and on the 5th of October, (six days after,) the mayor and common council of the preceding year, (under Dongan's government,) met at a private dwelling, the house of Alderman William Merrit, and passed de- cisions on accounts presented ; and again the same persons met at the same place in the afternoon, and continued the business. These were, Stephanus Van Cortlandt, the mayor appointed by Dengan, with Messrs. Merritt, Lawrence, Rombolts, Kipp, and Richards, of the common council ; likewise Colonel Nicholas Bayard, and Mr. Dekay. They again met on the 7th of October, and imme- diately afterwards dispersed, Bayard and Van Cortlandt going to Albany. Nicholson had some time before sailed for England, and with him Mr. Ennis, the Episcopal clergyman, as has been men- tioned.
On the 14th of October, the following proclamation was issued by Leisler : " Whereas, by order of the COMMITTEE OF SAFETY, it was ordered that the mayor, sheriff, and clerk, shall be chosen by the majority of votes of the freeholders, &c.," accordingly Peter De la Noy had been chosen Mayor, Johannes Johnson, sheriff, and Abraham Governeur, clerk; which choice had been confirmed by the commander-in-chief: and " whereas, the committee of safety have appointed me to confirm the civil magistrates and officers of the City of New York, chosen by the PROTESTAN'r freemen of the city, &c." " I accordingly confirm," as above " according to the true intent and meaning of said committee." Accordingly the common council, as given above, were sworn in and confirmed, and in the words of the proclamation, " all inhabitants are required to give due obedience to said magistrates." "Done at Fort William, the 14th of October, 1689, in the first year of their majesties' reign."
On the same dav, the common council met at the city hall, then at Coentie's slip, when the oaths were administered, and they pro- ceeded to business.
They sent a written order by the high constable, directed to Van Cortlandt, demanding, as they had done by a verbal message be- fore, the city's charter, seals, books, and papers. But Mr. Van Cortlandt was not to be found, and his wife, receiving the paper, threw it out of doors. We will now see what was doing at Albany.
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ALBANY CONVENTION.
On the 24th day of June,* the corporation of the city of Albany, assisted by the military officers met, and required the sheriff and constable to assist Robert Livingston, collector, in gauging certain hogsheads, said to be molasses, but suspected to be rum.
On the 2Sth, Marte Gerritze and Kilian Van Rensaellaer were present, and the common council resolved that all publick af- fairs should be managed by the mayor, and civil and military officers, until orders should come from William and Mary-Robert Living- ston signed as clerk.
On the 21st August, the common council resolved to make public, the news of the hostilities of the French and Indians.
On the 4th September, at a convention of the mayor and others, they resolved to send an express down to Captain Jacob Leisler and the rest of the military officers of the city of New York, for the assistance of 100 men or more-600 weight of powder and ball, cannon, and £200 out of their majesties' revenue " which we understand is daily collected by them." A committee is appointed to meet deputies from New England respecting the Indians. They hear from Schenectady that the officers there cannot agree among themselves, "how to behave" in case of attack ; therefore Dirk Wessells and Johannes Wendell, are sent to convene the people and advise them " at their peril."
On the 17th September, the convention asked their mes- senger who carried the above letter to New York, if " he re- ceived any answer from said Leisler," and he told them, that he delivered the letter " to Captain Leisler, but had no letter in an- swer, but that directed to Captain Wendell and Captain Bleecker." He heard Leisler say he had nothing to do with the civil power. Upon this the convention resolved, that " not the least answer to the convention" had been given, " but in the letter to the Captains signed by Leisler alone," the purport of which, chiefly is, "to in- duce the common people to send two men to assist them in their committee," that he sends them " 40 pounds of match, out of their majesties' stores, and 200 pounds of powder, belonging to the mer- chants of Albany, and 4 small guns, but as for money, they received none." Leisler alledged that they cannot send any men, in con- sequence of the " great slight their people received when in Albany," and earnestly insisted on deputies coming from Albany, to " con- sult with them, for the public good."
The convention resolved to apply to New England for assistance, and means were devised to raise money. The following persons
" See minutes of the Albany Convention, in MSS., in library of Historical Society of New York.
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ALBANY CONVENTION.
subscribed the sums opposite their names, the money to be repaid by a general tax. P. Schuyler, ££15-Killian Van Ransaellaer, £15-Gab'l. Thomson, £10-Marte Gerritze, £10-Jan Lan- sing, £12-Johannes Wendell, £12-Lev. Van Schaick, £10- Robert Livingston, £50. The others are small sums, and the total was £367 6s.
On September, the 2Sth, the Albany convention resolved, that " since sundry members of the convention" had signed " a bond, for reimbursing Robert Livingston, such disbursements as he shall make, the said bond shall be recorded." The signers are, Peter Schuyler, Dirk Wessells, Claes Ripse Van Dam, Gabl. Thomson, Dirke Teunise, Alexander Ryckman and David Schuyler.
On the 25th of October, the convention resolved, that the magistrates should take the oath of allegiance to William and Mary, and it was so done. It was resolved likewise to admin- ister such oath to the military officers and soldiers.
The convention, on information that Leister intended to send men to assist them, resolved that it was with the view to take the fort, and make the magistrates prisoners ; and that a letter be written to Al- derman Schaick and Lieutenant Joachim Staats, to make inquiry " of the business," and to signify to Leisler that 95 men from New England are sent for, and others are ready in Ulster, and that Leis- ler's men shall by no means be admitted to have command in Albany.
On the 4th, November, Alderman Levinus Van Schaick, to whom the protest against Leisler's sending armed men to Albany, was sent, arrived from New York, and says, that he spoke to Staats, who re- plied, that he knew not what to do, as it was intended he should be captain of the company for Albany, to lye in the fort, and if he did not accept the command they would send Churchill, and he thought he had better go. Upon this they went to the committee and delivered the protest from Albany; on which Milbourne said that he would go to Albany and see the fort there better secured. Schaick in- formed the convention that he heard Leisler call certain officers in Albany papists, and say that Albany should bring its charter to New York, if the city had one.
The convention resolved to acquaint the citizens in their respec- tive wards, that a company of men were coming up from New York, who intended to turn the government of the city up-side down, make themselves masters of the fort and city, and in no manner be obedient to any orders of the convention. The next day accor- dingly the people were convened at the City Hall, and certain arti- cles being proposed to them they agreed to them all, as desired by the convention, and fully resolved to maintain the present govern- ment, until further orders came from their majesties.
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ALBANY CONVENTION.
On the Sth of November, the convention appointed Col. Schuyler commander of the fort; who was to obey the convention : and he took possession accordingly.
On the 9th of November, a portion of the convention, the convention being met, and the recorder presiding, at the city hall, in Albany; and hearing that three sloops were in sight, " whereof one had the king's jack aboard," and that " soldiers" were in them, four of the convention were sent to know " upon what account they were come." Milbourne replied, by asking if the fort was open for his men to march in that night? He was answered "No;" that the mayor of the city had possession of the fort, and was then the commander. Milbourne was desired to come ashore for further conversation. He accordingly came with the deputies to the city hall, and was bid welcome. The hall being full of people, Milbourne addressed them, and told them they had now an opportunity of freeing themselves from King James - that the charter of the city was null, as being granted by a papist king and his servant Andros, a popish governour. That now the people had the power to choose their officers, both civil and military, and stating that the present officers, holding by an illegal tenor, ought to be subjected to a free election ; " and much such like discourse," say the minutes of this convention. Staats and Bogardus, who came up with Milbourne, asked why the ma- gistrates did not speak? Upon which, the recorder replied that there was time enough yet ; for that Milbourne had shown no. com- mission ; that the convention was met for the purpose of billeting Milbourne's men, and with good intent ; that " he was not author- ized at that juncture to make him answer to such discourse ; they had seen no commission that he had yet."
It will be here remembered by the reader, that the civil and mili- tary officers in the Albany Convention were all officers commis- sioned under James II, by Sir Edmund Andros. Milbourne, and the rulers at New York, were commissioned by the people.
The recorder remarked, that " Milbourne addressed himself to the wrong people, since there were no arbitrary powers in Albany : God had delivered them from that yoke by their majesties now upon the throne, to whom they had sworn allegiance." Milbourne de- sired that the mayor might be present. He was twice sent for, but answered that he could not leave his post. The recorder stated, " that he represented the mayor in his absence," and to him was delivered a letter " signed by twenty-five persons," which was read, but referred to a fuller meeting next day. The recorder then offered quarters, by billets, for Milbourne's men, which he declined, only asking provisions, "which was granted ; and so parted that night."
The letter purports to be from the committee chosen by the
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MILBOURNE'S MISSION TO ALBANY.
" free and open elections of the freemen" in the respective coun- ties, stating that they (the signers,) had sent Jacob Milbourne with fifty men suitably armed for the use and defence of his majesty's, (King William's,) forts and subjects, that the enemy may not take advantage of any disputes or differences among the people of the province. It is signed by 25 of the committee, among whom I find Jacob Leisler senior and junior, Peter De la Noy, Peter De Milt, John Beekman, Hendrick Ten Eyck, J. De Reimer, Jean Desmorest, Gerardus Beekman, Richard Panton, Adrian Van Schaick, Gerret Duyking, John De Peyster, William Churchill, Myndert Corten, and a few English names.
The convention, however, receive letters from Schenectady, written to the people of that place by Jacob Milbourne and Henry Cuyler, from which they infer that Milbourne designs to subvert the present government, as he invites the people to choose magis- trates independent of those commissioned by James II.
On Sunday, the 10th of November, the convention being met, sent for Milbourne, and the recorder told him that the letter from 25 persons in New York had been read, saying that 51 men were sent to the assistance of Albany; and asked him, upon whose charge they were come. Milbourne answered, that Albany must pay them. The recorder said, that was contrary to a letter from New York, of September 4th. Upon which, Milbourne appealed to the people standing by, and asked if the county of Albany would be able to pay that charge. The people said, "no." Then Mil- bourne showed liis commission to the convention, saying, " We shall find a way for it." The recorder told him that a commission signed and sealed by private persons, was of no force.
Here was the point of difference between New York and Albany or the convention and the committee of safety. The committee were men chosen by the people. The Albany Convention were officers of King James II ; and though they disclaimed that king, they would not cease to act by his authority, in opposition to the people.
The recorder told Milbourne that as he had no commission from the King of England, Albany would obey no other. Milbourne addressed the people ; and the secretary of the convention, Robert Livingston, records the address in his own way. Milbourne insisted that the charter and commissions of James were void; that the people should choose their officers until orders from King Wil- liam arrived.
Milbourne was desired to desist from such discourse : for that he and his commission should not be acknowledged ; but Albany would give quarters for his men. It was then agreed to meet next morning to settle the quarters for the New Yorkers. The magis-
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MILBOURNE'S MISSION TO ALBANY.
trates of Albany told Milbourne that they did not acknowledge him to have any legal authority.
The people of Albany are represented, by the journal of the con- vention, as agreeing with them ; but on the 11th of November, the convention were deterred from meeting at the City Hall, on hearing that the citizens were there assembled, and wished to appoint a person to take charge of the fort, who should be independent of the mayor.
Milbourne declared, in writing, that he was authorized by the committee of safety of the province "to order the affairs at Al- bany," and insists that there shall be a fair election for the officers of the city, both civil and military ; that the commander of the fort shall be chosen by the people : and demands of the convention an account of the arms and stores in the fort fit for the king's service.
On the 12th, the convention met at a private house, and unani- mously resolved not to " accept of the fifty men" from New York on any other terms than that they should be under the command of the convention. Certain articles were agreed upon with Milbourne, and his soldiers, who had lain at "Marte Gerusties Island," were marched into town, and received by a portion of the inhabitants into their houses without billeting, or, says the record, "lawful au- thority."
Peter Schuyler found it necessary to come from the fort to the City Hall, to appease the people, and declared that he had taken pos- session of the fort from knowledge of the designs of the committee of New York. It is plain that the convention and Milbourne could : not agree. They denied his authority, or that of the people of New York. And an entry is made on the minutes, by order, that on the 15th day of November, Milbourne, with a company of armed men, came to the fort, and that a messenger was sent to warn him not to come " without the gates of the city." He came, notwith- standing, to the fort, and demanded the place. The mayor answered that he kept the fort for their majesties, William and Mary ; and commanded Milbourne and his men away: Mil- bourne attempted to enter, having "one foot in," says the record, but was thrust out ; upon which himself and company retired to within the gates of the city, " and there put the king's jack, facing the fort." Milbourne, then, after charging his men to load with bullets, came to the gates of the city and read a paper.
The Mohawks, whom Schuyler had at hand, offered (according to the minutes,) to fire upon the New Yorkers ; but the convention drew up and read a protest against Milbourne, and sent Doctor Delius and the recorder to pacify the Indians, and a messenger to tell Milbourne that if he came out of the gate, the Mohawks would fire upon him. Upon which he marched down the town and dis- missed his men.
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INTRIGUES OF NICHOLAS BAYARD.
The city of Albany, at this time, and long after, consisted prin- cipally of two streets. One, the longest, ran parallel to the river, and under the hill on which the fort was situated. The hill rose steeply about the middle of this street, and another, still wider, crossed the first, from the foot of the hill, running towards the river.
It appears by the minutes of the convention, that many of the people of Albany, and some " private, but extreme active men," coincided with Milbourne ; who, having procured Joachim Staats to be elected captain of the New York soldiers, left them in Albany, and returned.
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