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 19
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William Smith says, in his history of New York, " that Jacob Milbourne was commissioned for the reduction of Albany." No such thing is pretended by the secretary of the convention, Robert Livingston. Smith further says, " In the spring, he (Milbourne,) commanded another party upon the same errand, and the distress of the country, on an Indian irruption, gave him all the desired success."
Captain Bull arrived with 87 men, from Connecticut, on the 25th November, and was gladly received by the convention : nor docs the captain of the New Yorkers seem inclined to any adverse action. On the 29th, twenty-nine of Bull's force, under Ensign Talmadge, marched to Schenectady to keep that post, as it was agreed upon by the convention and the captain. How well they kept guard, we shall see by and by. Staats refused to send any of the New York men to this outpost.
Colonel Bayard, although he had seen the irritation of the people of New York against himself, sent an order from Albany, directed to Captains Abram De Peyster and John De Bruyn, of the New York trained bands, the tendency of which could have only been to increase the enmity of the people, to himself and his associates. It was dated the 20th of October, 1689, and is in the following words : " whereas Jacob Leisler, and some of his associ- ates, have. in a hostile and illegal manner, invaded his majesties fort at New York, and subverted all government by law established, I, as Colonel of the Regiment, do strictly require you, and each of you, to desist aiding and abetting said Leisler, and his associates, and not to suffer your soldiers to obey him, but to obey the civil government established by Sir E. Andros, which is in full force, notwithstanding the imprisonment or death of said Andros." This is dated at Albany, in the first year of the reign of William III. Andros had been put down in Boston, as the tyrant appointed by James, to enslave the colonies. De Bruyn, upon the death, or re- signation of Van Veurden, had been elected Alderman of the West Ward.
Long Island, which at this time was a most important and po-
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164
PETER SCHUYLER, MAYOR OF ALBANY.
pulous portion of the province, was friendly to Leisler's government. The inhabitants of the east end of the Island, would willingly have placed themselves under the jurisdiction of Connecticut, but find- ing that could not be, they joined with their neighbours of the west- ern counties, and with the city and county of New York, as well as the counties of West Chester and Orange, in cheerful attachment to Leisler : but the magistrates of Albany refused to be governed by the Burghers of the Manhattan City, though declaring for Wil- liam and Mary.
Peter Schuyler, the mayor of Albany, possessed and deserved the confidence of the people of that neighbourhood, as well as of the Iroquois. He was friendly to the revolution in England, and promptly declared for the Prince of Orange. It would have been happy for the province, and for Schuyler if he had acted with the people of the city of New York, and joined with the friends of Leisler, until advices arrived from England. But Schuyler was one of the " people of figure," and the influence of Bayard, Van Cortlandt and Livingston, determined him to declare himself in opposition to Leisler .*
While thus a portion of the people of Albany, Schenectady, and the immediate frontier of the north, was stimulated to hostility against their friends of the south and east, the province was involved in war with France and Canada, by the adoption of the govern- ment of William and Mary.
The government of Connecticut sent men to aid Leisler in keep- ing the fort at New York : but in October, (of this year,) 16S9, they
* Theodore Sedgwick. Esq., in his very interesting and highly valuable biography of William Livingston, the patriot governour of New Jersey, during our revolution, has very properly sought and given information, respecting the first American Livingston, the opponent of Leisler. He says, that Robert Livingston, had proba- bly arquired the Dutch language while with his father in Holland, and came to New York, early enough to be employed in the affairs of Albany, while that place was not yet a city, that is, as early as 1676. That he married the widow of Patroon Nicholas Van Rensaellaer, about 1679. That she was the sister of Peter Schuyler, (the hero of New York in those days, as his grandson Philip, was, in the days of the revolutionary contest, ) and daughter of Phillip Pieterse Schuyler. Conse- quently, Robert Livingston was the brother-in-law of Peter Schuyler.
Albany was made a city in 1686. The charter was granted by Dongan, who a papist himself was urged by his master, the bigot James, to introduce the religion of Rome into the colony. Peter Schuyler was the first mayor of Albany ; Living- ston was an officer of the city, appointed by the same governour. They were both officers under James. Schuyler placed himself at the head of what was called the Albany Convention, and as Mr. Sedgwick says, Robert Livingston was his secretary.
On the 15th January, 1690, the sheriff of Albany wrote to Milbourne, saying, " about the beginning of April last past," that is, in 1689. " Robert Livingston told me that there was a plot of robbery gone out of Holland into England, and the Prince of Orange was at the head of it, and he might see how he got out again, and should come to the same end as Monmonth did. This I can testify." This letter was signed by Sheriff Pretty. Upon this charge, Leisler issued a warrant against Livingston as a rebel.
165
LEISLER'S PROCEEDINGS.
Informed him that in consequence of their great expenses, " by reason of the Indian war," and distresses by reason of sickness and short crops, they can no longer afford him that aid. " But if any foreign force should invade you, we shall be ready to relieve you according to our ability," and they at this time subscribe themselves his "af- fectionate friends, the general court of Connecticut."
That Bayard, Van Cortlandt, and their associates should feel an enmity to Leisler and the people of New York, bordering upon madness, is what we might expect ; but that they should have suffi- cient influence over Peter Schuyler, to induce him to risk the ill consequences which might flow from the active hostility of the French, rather than join in supporting the New York government for the short space of time that would probably intervene, before specific instructions arrived from England, is to me surprising, and appears at variance with his character for judgment.
From Leisler's letter to William and Mary, I gather the follow- ing facts. That, relying upon the good understanding between James II, and Louis, of France, Governour Dongan had suffered the fort at New York, (which commanded both harbour and city,) to go to decay : that the well which supplied water, was filled up, and the ammunition for defence very limited : all which, when Cap- tain Leisler was chosen by the freeholders to keep the place until orders arrived from England, he knowing that war with France must ensue, had repaired, and put in a state of defence ; besides causing a battery of seven guns to be erected to the west of the fort, where State street and the walk now called "the Battery" exists. That about the time of his taking command, an incendiary, (always at that time supposed to be a papist) had endeavoured to burn the church which was within the fort, and which seems to have been used as a powder-magazine, as well as for preaching and prayer. That the city was " fortified on the land side with good palisades, and in sev- eral places there were guns." That there were fifty men in the fort, whom the country had promised to pay, besides a company of the train-bands that mounted guard every night. That great appre- hensions were entertained from Governour Andros, who was sup- posed to have escaped from the Bostonians ; and that Leisler was determined to hold the city and fort for their majesties, William and Mary, until further orders.
The dissensions and divisions at Albany and Schenectady were such, that although notified of their danger, they would not permit the forces from Connecticut to keep regular guard : at the same time, Leisler, misapprehending the intentions of the Connecticut men, wrote to Governour Treat, (as I find by his letter in the Sec- retary of State's office, Hartford,) complaining that Captain Jona- than Bull and his troops, aided and supported the Convention of Albany, who had set themselves in opposition to his majesty and
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LEISLER'S PROCEEDINGS.
the laws of the province. He, therefore, requests the Governour of Connecticut to appoint Mr. Fitch and others, who knew the state of affairs at New York, as commissioners to agree with com- missioners from Leisler, upon proper measures for the defence of the frontiers.
In consequence of this application, Messrs. Gould and Fitch were appointed with authority to agree upon the number of men to be furnished by Connecticut. This letter of Leisler's is dated February 14th, 1690, and the next day he again wrote to Treat, that in the short interval he had received the melancholy news of the burning and massacre at Schenectady, (of which particular account will be given in the next chapter,) a misfortune which he attributes to " that convention, and Colonel Bayard's faction, who have asserted that the commissions of Sir Edmund Andros remain in full force."* And we are told by the historian of Connecticut, that the people of Albany and Schenectady, notwithstanding Cap- tain Bull's remonstrance, would not permit the Connecticut officers to keep regular watch.
It is evident, that although Milbourne carried a force with him that might have assisted in defending the frontier, he cer- tainly did not lead troops enough for the reduction of Albany by arms, if he could not persuade the people to join with New York and all the southern part of the province in yielding obedience to the person who had been elected to the command. We know to certainty that the transaction is recorded by the enemies of Mil- bourne and his father-in-law ; and we know that he returned disap- pointed to New York. We have already seen the minutes of the Albany Convention on that head.
"The discomfiture of Milbourne appears to have encouraged Bay- ard to visit New York, and he was there in private when some very important dispatches arrived from England in the beginning of December, 169.
It appears that before Nicholson and Ennis arrived in England, the government of William III, in the latter part of July, 1689, wrote to Francis Nicholson, Esq., or in his absence, to such as for the time being, takes care for preserving the peace, and administering the laws in his majesty's province of New York, in America. Thus the person at the head of the government in the province was 'em- powered to take the chief command, and to appoint for his assist- ance as many freeholders as he should think fit until further orders. This important packet was entrusted, to Mr. Riggs, and was be- tween four and five months on the way.
Riggs arrived the Sth or 9th of December, and might have presented himself and letters at the governour's house, in the
* See Hartford MSS.
167
INTRIGUES OF NICHOLAS BAYARD.
fort, with propriety ; for it was notorious that Jacob Leisler had administered the laws, and been cheerfully supported as . chief of the government, for William and Mary, nearly seven months, except by the adherents of Dongan's administration, and by the leading men at Albany and its environs ; but it seems that Riggs hesitated, and unfortunately Nicholas Bayard had clandes- tinely arrived from Albany, for the purpose, as he says, of visiting his son who was sick,* and was at this time secreted in his own house. Another of the council of Dongan and James was like- wise in town, Frederick Phillipse, a man only distinguished for his riches. To him, Bayard, ever restless and on the watch to get him- self or others into trouble, or power, sent notice of the arrival of Riggs, and persuaded Phillipse to seek the king's messenger and bring him to the place of Bayards concealment.t Riggs was ac- cordingly brought by Phillipse, on the night after his arrival, to the house of Colonel Bayard, who in conjunction with his fellow kings- counsellor, and officer of James II, a passive instrument in his hands, endeavoured to persuade the bearer of despatches, that al- though the government of the province was in other hands, and the governour's council had not met for months, the letter belonged to such of the council as were to be found, riz, Bayard and Phillipse. For, says Bayard, although the Lieutenant Governour had departed, and the council had not officiated for some small time, yet, since the justices of the peace had been continued in their offices, by vir- tue of the present king's proclamation, the letters addressed as above, were intended, and ought to be delivered to such of the gov- ernour's council as could be found. He avered, that he would hold: the despatches until Stephanus Van Cortlandt could be sent for, and on the meeting of the council deliver them to the presiding officer.
Happily for Riggs, this reasoning did not prevail with him, and the next day the Commander-in-chief demanded the letters as be- longing to him who administered the government in Nicholson's- absence. The messenger was convinced, and the despatches with the powers they authorized, were delivered to Jacob Leisler.
This attempt of Bayard and Phillipse to seize papers directed to the person who administered the law by the choice of the people, evinces the notions prevalent in what were called the " gentry" and "people of figure," and which governed them, not only at that time, but long after. These notions were derived in part from supe- riority of riches, but more from their being received as associates
* MSS. Petition of Bayard: New York Historical Library. .
The writer of the Pamphlet published in Boston, in 1690, entitled " A Modest and Impartial Narrative," says, that Nicholson left Phillipse and Van Cortlandt itr trust for him when he departed for England.
168
LEISLER ASSUMES THE GOVERNMENT.
by the immediate officers of the king's government-the governours, lieutenant governours and military leaders born in Europe, and bearing commissions emanating from his sacred Majesty. To be the favour- ites of these supposed favourites of royalty, surrounded the pro- vincial gentry with rays which distinguished them, and separated them from the people. They were provincial nobles : deriving splendour, though at second hand, from the fountain of honour, whether a licentious Charles, the hired tool of France, or a bigoted James, the worshipper of Rome and the pope.
It would at first siglit seem to require great assurance in Bayard and Phillipse to demand letters addressed to the person in power, when they knew they had no power ; and one of them, at least, was skulking from public observation. and knew himself to be the object of popular detestation : but that halo derived from Don- gan and Nicholson, that distinction flowing from king James's com- mission, constituting them members of his majesty's council, was a medium through which they saw, and which misled them in an attempt that must have been resisted by those who at that time held the power of the province in their hands, administered the laws, and were supported by the people, except in Albany.
Leisler received the letters and instructions as addressed to the head of the government in Nicholson's absence. He exhibited them to the committee of safety. By their advice, he assumed the style of lieutenant governour, and a portion of those who had acted as the committee of safety with others, freeholders as directed, were sworn in, as their majesty's, or the governours council. This was done by those who had sworn to maintain the government of Wil- liam and Mary, and had officiated as the advisers of the comman- der-in-chief to this time.
: On the 11th of December, 16S9, the following freeholders were constituted the lieutenant governour's council : Peter De La Noy, Samuel Staats, Hendrick Jansen, and Johannes Vermilye, for the city of New York ; Gerardus Beekman for King's County ; Samuel Edsall for Queen's County ; Thomas Williams for West Chester; and William Lawrence for Orange County .*
The attempt made by Bayard to gain possession of the letters from England, had the effect of making known his presence in the city of New York, and I presume some measures were taken by Leisler to cite him before the council, which failed ; for on the 17th of January, 1690, a warrant for his apprehension was issued ; is is headed " by the lieutenant governour and coun- cil," and signed, " Jacob Leisler." It directs the apprehension
* Besides these I find enumerated as active friends of Leisler, Benjamin Blagge, Henderick Cuyler, and John Couenhoven. Milbourne was secretary to the Council.
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169
LEISLER'S PROCEEDINGS.
of Nicholas Bayard for high misdemeanours committed against his majesty's authority, and for certain libellous writings, containing " execrable lies and pernicious falsehoods," contrary to the peace of the province and his majesty's government. It directs that he shall be seized wherever found ; and authorizes search to be made for him by breaking open places suspected of concealing him : and to use violence in case of resistance. This order is directed to " William Churchill and his company."
Leisler likewise made known, by proclamation, the additional authority under which he acted, and required, in conformity to the act of assembly of 1653, entitled " a bill for defraying the requisite charges of government," which, as was said, was still remaining in force, that all persons should obey the same, and that the collector and other officers should do their duty in the premises.
Churchill and his company entered the house of Nicholas Bayard, and as directed, broke open doors that were barred against them : Bay- ard fled to a neighbouring house, but was followed, and seized by the assistance of Abraham Brazier and several other citizens .* We have sufficient evidence that the Colonel was imprisoned, and treated rigorously. The jails of New York were several apart- ments and dungeons in the City Hall, at Coenties Slip, and from one of these prisons Bayard petitioned for release.
On the 2Sth of December, 16S9, Leisler wrote to the military and civil officers of the city and county of Albany, thus: . "I, having received orders from his majesty, King William, for taking care of this government, have commissioned Joachim Staats to take into his possession Fort Orange, and keep the soldiers in good order and discipline." He further orders, that free elections be forthwith made for a mayor and aldermen, and calls upon those he addresses to assist for his majesty's interest and the good of the city.
The convention, on receiving this letter, resolve to send the high sheriff of the city and county to Joachim Staats, informing him of the secret of such letter, and to demand of him if any such orders from the king had been sent to him, they being desirous to behave accord- ingly. The high sheriff, at whose house the convention was sitting, returns, and says, Staats will come to them. On the appear- ance of Staats, the convention insist upon knowing whether the king has constituted Leisler lieutenant-governour ; as, if so, they were willing to obey; otherwise, not. Staats tells them that they know well enough that the letters were directed to Nicholson, and, in his absence, to such as for the time being, administered the gov- ernment. . "Let the bell ring, and call the people together, and then I will show what authority I have."
The convention reject this ; but say, if he is to make proclama-
. ' Modest and Impartial Narrative"-Boston, 1690.
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170
ALBANY CONVENTION.
tion to the people of the accession of the king and queen, they, the convention, would call the companies together in array, and do it with due solenmity. In the afternoon, Staats came and showed an order from Leisler for him and the freeholders and people of Albany to proclaim William and Mary, if it had not already been done; as Leisler had received letters from the ministry so to do. Staats insisted that the gentlemen, (says the secretary,) should de- clare whether they acknowledge Jacob Leisler to be lieutenant- governour, and whether they would obey him. The gentlemen require him to show copies of the letters to Leisler. Staats replied, " If' I show such copies, you will say they are Milbourne's writing." He showed a commission from Leisler to take possession of Fort Orange, and an order for a day of thanksgiving. The gentlemen require to see orders from King William, directed to Jacob Leisler, but desired copies of the papers Staats showed, and they would give him their answer in writing ; and, in the meantime, they would write to Captain Leisler about it. Staats, however, departed with- out leaving copies.
The same afternoon, the convention met again, to resolve whether or not Leisler is to be acknowledged as commander-in-chief. P. Schuyler, who had been present at all the previous meetings, says, that he cannot acknowledge Leisler until he shows lawful authority from the king. Weissells, Van Schaick, and a majority, accord with the mayor. They forbid the beating of drum, to call the people together, and agree upon a protest against Leisler, de- claring that the letters from the ministry do not apply to him. Cap- tain Wendell and Captain Bleecker are in a minority. The protest was published with great parade. The mayor marched at the head of the procession, from the fort, accompanied by the convention and a guard of fifty men armed. As soon as they entered the city gates, the mayor and officers, "went with their swords pointed, with drums beating ; they came to the plain before the church !" 'The bell rang thrice ; the mayor made a speech, and the protest was read. The procession passed through the " principal streets of the city, then returned to the fort, and the protest was sent by the mayor to be affixed to the church."
'This display would not have been made, we may suppose, if they had not received faithful intelligence from their zealous friend, Livingston, and the government of Connecticut. Accordingly, appeared Captain Bull with his one hundred soldiers on the oppo- site banks of the river : he crossed, and reported himself and forces to the Albany Convention. The soldiers were drawn up in the main street, and, as if in defiance of the Lieutenant-governour of New York, they fired a feu de joi. As before mentioned, the New York troops refused to go to Schenectady, and the troops which Capt. Bull sent, only added to the security of the inhabitants, derived from the distance of Montreal and neighbourhood of the Mohawks.
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ALBANY CONVENTION.
As soon as Leisler heard of the massacre at Schenectady, he sent a sufficient force to the frontier, and the Albany Convention imme- diately dissolved.
According to the minutes, it was not until the latter part of Feb- ruary, 16S9-90, that a man from Schenectady brought the tidings of the destruction of that place. The fugitives say, that the French and Indians, after murdering the inhabitants of Schenectady, were marching to Albany. Messengers were sent down the river for assistance, but the snow and ice impeded travelling, and with diffi- culty an Indian was sent towards Schenectady to discover some- thing of the enemy ; others were despatched to the Mohawk castles. On the 10th, the mayor and convention, having learned the retreat of the French, order Captain Bull, with five men out of each com- pany, to Schenectady, to bury the dead ; and, if the Indians had come down, to join them in pursuit of the enemy. There is a list of 60 persons killed, and 27 carried off prisoners.
Measures for defence were taken at this time, and for offence, against Canada. On the 15th February, the convention sent mes- sengers to the governours and civil authorities of the colonies, 10 act in concert against the French, and among others, to New York. On the 24th of January, 1690, Bayard directed a prayer 1690 to the Honourable Jacob Leisler, Esq., Lieutenant Gover- nour of the province of New York, and the Honourable Council, which, in the most ample manner, acknowledges the autho- rity of the man he had attempted to injure, and asks forgiveness. The petition " humbly showcth that the petitioner and prisoner craves commiseration," acknowledging his great errour in disregarding the authority which he hereby owns. He prays for pardon and release from " dismal detention." He promises to behave him- self from henceforth with all submission. He says, he will " per- form whatever their honours, the lieutenant-governour and his council, shall adjudge."
This address did not obtain his release ; and was followed by a second ; in which, he labours to excuse his conduct in respect to the endeavour to obtain the papers brought by Riggs.
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