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 23
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These paper-shot made no impression upon Ingoldsby and his advisers ; but, by them, we learn that the former council, the former mayor, and their other adherents, were prevailing ; and that Capt. Ingoldsby was arming the people, under pretence of authority so to do from the king's government : for again Leisler, on the 5th of February, repeats his warnings to the captain, and strictly forbids all persons, pretending any authority from Ingoldsby, to raise forces and quarter the same upon his majesty's subjects, or to commit any violence. Such forces as had been raised, are commanded to disperse and return to their homes .*
During this time, Leisler was besieged in the fort by the troops Ingoldsby brought with him, and such as the faction could prevail upon to take up arms against him. A portion of Leisler's men, about one hundred, who had possession of a block-house, (two or
* On the 6th of February, at a meeting of the worshipful mayor and common council, in the City Hall, (Coenties slip,) present, P. De la Noy, Mayor, Major de Brown. (or Bruyn, ) Captain Duyking, Cornelius Pluvier, Johannes Provoost, Captain Silurtolpherts, Lieutenant P. Van Brugge, Lieutenant Paul Turk, Ensign de Mill, Ensign Peter White, and David Provoost, with the Secretary, Jacob Mil- bourne ; certain resolutions were passed, stating many of the facts already re- counted, viz., permitting the troops to be quartered in the City Hall, provided that thereby there should be no hindrance to the usual courts of judicature, &c.
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LEISLER'S PROCEEDINGS.
more of which strengthened the palisadoed wall, which extended across from river to river, on the north side of what is now called Wall-street,) were several times summoned to surrender, and finally did so, upon promise that they might retain their arms. They were, however, disarmed and dismissed.
On the 5th of March, which was probably seven weeks after the arrival of Ingoldsby, Leisler held a meeting of his council at Fort William, the proceedings of which are before me. There were present, the lieutenant-governor, Jacob Leisler, Peter De la Noy- the first man that ever was elected by the freeholders and freemen of New York to the office of mayor-Thomas Williams, Hendrick Jansen, Johannes Vermilye, Samuel Staats, Johannes Provoost, Jacob Mauriz, and Robert La Cock. The paper begins thus- " By the lieutenant-governor and council, in pursuance of his ma- jesty's letter, bearing date the 5th of July, 1689, for governing this province until further orders," &c., "their majesties' interest hath been asserted and defended, the peace of the province pre- served, until the arrival of certain ships, with soldiers and ammuni- tions, under the direction of his excellency, Colonel Sloughter," appointed to govern the province, "but separated at sea ;" by which, it would appear, that Ingoldsby's ship, or ships, were part of a fleet which sailed at the same time with Sloughter, and that he had been wandering on the high seas seven weeks longer than the com- mander of his land forces.
The lieutenant-governour's council go on to state the demand of Ingoldsby for the surrender of the fort, though he bore no coni- mission but that of a captain of foot, "with orders to obey the gov- ernour for the time being." They state, as above recited, the acts of Ingoldsby, by which the city had been disturbed, the inha- bitants insulted, by " papists and other profligates ;" and that In- goldsby had undertaken to call out, command, and superintend the militia of the city, and had otherwise insulted the lieutenant gover- nour, although cautioned and warned against such practices. The council finally protest against Ingoldsby and his confederates, and order them to desist from their attempts to destroy the peace of the city and province.
On the file at Hartford is found, a note to Colonel Robert Treat, from M. Clarkson, the secretary of the pretended king's Council of New York, saying, that being "directed by the gentlemen named of their majesties' council of New York, to give you account of the present state of affairs here, and to desire the advice of your honour and others of the government of their majesties' colony of Connec- ticut," he forwards a certain order, not to be found ; "and because it hath been thought by many prudent persons in this city, that Capt. Leisler hath had very particular advices from your parts, I am the
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GOVERNOUR TREAT CONDEMNS LEISLER.
more hopeful that nothing shall be wanting within your power, for their majesties' service, etc."
- Upon the receipt of this note and the order, Mr. Treat sum- moned a council, and they addressed a letter for Captain Jacob Leisler, in the fort, at New York, dated Hartford, 11th of March, saying, that hearing from Mr. Clarkson by order of the six gentlemen named, of the troubles between him and Ingoldsby, and asking their advice, they accordingly, inasmuch as Governour Sloughter is expected daily, advise Leisler so to demean him- self, " as may noways violate their majesties' subjects peace," and to refer all matters in dispute to his excellency on his arrival. And they hope to hear of his dutiful compliance, "which will prevent any further trouble" to them. On the same day, the governour and council of Connecticut, wrote to " the Honourable Mr. M. Clarkson, secretary of his majesty's province of New York," "for his majesty's special service." They tell him that they have been '" much rejoiced in the news of their majesties' pleasure," to make Colonel Sloughter governour of New York. That they are grieved to hear, " that those honourable persons named of his excellencies council, with the soldiery, obtain no better treatment with Captain Leisler." That they have advised Captain Leisler, as by the letter to him, which they enclose open, and desire may be sealed and delivered as may be ordered, " by the honourable gentlemen of the council." They apologize for being mediators, as Leisler's late dealings with them, had not found " acceptance with them." They apologize, likewise, for former connection with Leisler, and hope they shall not be called upon by his rashness, but shall do their duty.
Again on the 16th of March, the lieutenant-governour and coun- cil, address the people by proclamation, and recapitulate Ingolds- by's demands, asserting the intention to resign the fort and govern- ment to any one authorized by the king to receive them. They assert, that Ingoldsby and his ringleaders had interrupted, and con- temned the mayor's court - had controlled the city militia - had · endeavoured to provoke the governour of the fort to hostilities, by eight several times in one night, causing soldiers to pass and repass the works - that he had misrepresented the words and acts of the government, and had imprisoned and beaten inhabitants, for doing lawful acts - that he had entertained declared papists in arms, who insult the inhabitants, and put them in fear of their lives, when doing their duty in the king's service -that he interrupted and forbade the lieutenant-governour's officers " to proclaim an order by beat of drum, as was customary, or to pass by the City Hall, being the usual place for the same." The order so prevented was for seve- ral persons, as well officers as others, deserters from Albany and Esopus, to show cause for quitting their posts. They state, that
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PROCLAMATION OF LEISLER AND HIS COUNCIL.
Ingoldsby entertains the said deserters, to the injury of the king's service - had caused spies to enter the fort for the purpose of be- traying the place by night - had made prisoners of certain senti- nels, and had prevented wood and other necessaries from being carried to the fort, and otherwise conducted as in time of war.
They further declare, that certain gentlemen, calling themselves of the king's council, have encouraged Ingoldsby in all these things, " directing their orders unto officers commissioned by the authority of the late King James," which officers have, in consequence of such orders, levied forces for the designs of Ingoldsby and the said nominal council, who call such as oppose them, rebels. They as- sert, that Ingoldsby, having demanded the keys of the gates of the city, and being refused, had burst the locks, and proceeded against the block-house of the city, as if he was waging war with his ma- jesty's subjects. Other hostile acts are detailed, as well as prevent- ing the receipt of monies granted by the house of assembly for pay- ing the forces on the frontiers, by which, the soldiers placed at Al- bany miglit be constrained to desert that post.
'The council conclude this, the last proclamation issued by them, with asserting that their opponents, who, in the reign of the late King James contributed to the encouragement of papists and priests, acting by the authority of the said king until he was dethroned, were the same who now endeavour to injure those who prevented their designs, " WHEREFORE, we, not being willing to deliver ourselves and our posterity to such slavery, do hereby resolve, to the utmost of our power, to oppose the same, by joining and assisting the lieu- tenant-governour, and one another, to the hazard of our lives."
'They assert, that they will not be turned from their duty to God and the king, by fear of the term " rebels" hurled against them, for fairly offering that all things should remain until the arrival of the governour, or further orders from England,
And they feel themselves constrained to declare, that the said Ingoldsby and his confederates are "enemies to God, the present magistrates, and the peace of the province," while they continue their present proceedings. They, therefore, command them to disband the forces they have raised ; and all persons are ordered, at their peril, to keep the peace.
The gentlemen of the former council assembled "at the State House," (meaning, I suppose, at the City Hall,) on the 17th of March, and issued a proclamation, signed "MI. Clarkson, secre- tary," denying the assertions of Leisler and his council. They say, that "they are desirous that there be no manner of hostilities" nor bloodshed between their majesties' subjects, but that "the people in arms, which have voluntarily assembled themselves in defence of their majesties' forces" should remain in peace until the arrival of his excellency, or further orders. They say, that if this proposal is
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· SLOUGHTER'S ARRIVAL.
not accepted, they attribute all mischief to " the said Captain Leis- ler," or such as shall commit hostilities.
From this, it appears that the confederates were somewhat daunted by the last proclamation of Leisler, and the long detention which Sloughter experienced, of whom they made sure as a friend · and ally : but all their anxiety was relieved by his arrival, and the publication of his commission, on the 19th day of March, 1691.
I have before me the copy of a minute of Sloughter's Council, held on March the 19th, " upon the arrival of Henry Sloughter," governour, etc. - at which were present, with said Sloughter, Jo- seph Dudley, Frederick Phillipse, Stephen Van Cortlandt, Gabriel Monville, Chudley Brooke, Thomas Willet, and William Pin- horne. It is here stated, that Sloughter repaired to the Town Hall, where he published his commission, and took the oaths appointed by act of parliament to be administered to him.
From this, we see that he was received by the party, (probably on ship-board,) and immediately embraced the measures of In- goldsby and the confederates. As soon as he was installed, he forthwith ordered Ingoldsby, with his foot-company, to de- mand entrance into the fort : he returned, and brought with him one of Leisler's officers, (the same Ensign Joost Stoll, who had, in . 1689, been the first to take possession of the fort, in the name of William, and had subsequently borne Leisler's despatches, with the account of the revolution in New York, to the English government,) and this officer was admitted to the governour's presence. The minute of council informs us that Ensign Stoll brought a letter from Captain Leisler, and was told by his excellency that he was glad Stoll " had seen him in England, as well as now in New York," adding, that ' Major Ingoldsby should now go with his company a second time to receive the fort into possession ; and that the soldiers, laying down their arms, might go every man to his house. Further, " that he expected Leisler, Milbourne, and such as called themselves the council, to immediately attend ; and that Colonel Bayard and Mr. Nichols be dismissed from their imprisonment to attend his majesty's service - being appointed members of the council."
By this, we know that Bayard, who had most humbly petitioned Lieutenant-governour Leisler for release from the prison at the City Hall, had been removed to the fort, and was still in confinement.
The copy of the minute proceeds : " Major Ingoldsby, at his second return, brought with him Milbourne and De La Noy ; and be- ing inquired of for Colonel Bayard and Mr. Nichols, informed that Leisler refused to make any attendance himself, or to dismiss the said gentlemen."
" Whereupon, Milbourne and De La Noy were ordered to the guard, and the major again sent to demand the said gentlemen's
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LETTER FROM LEISLER TO SLOUGHTER.
dismission, with Leisler's surrender of the fort, and attendance upon his excellency -all which was peremptorily and with contempt refused." Upon which, the governour " directed the sitting of the council" next morning.
It will be remarked, that this refusal 'to obey, "with contempt," is the report of Ingoldsby : and it will be seen that on the re-assem- bling of the council, so called, next day, Bayard and Nichols are present and are sworn in.
Before I proceed with the record which the king's or Sloughter's council have left of their summary proceedings, I will call the atten- tion of the reader to the letter from Leisler to Colonel Sloughter ; only premising that Leisler was a Dutchman, and that he attempted to write to the acknowledged governour in English - a language he did not understand - as is very apparent in this offer to surren- der the fort, and apology for holding it after the arrival of Sloughter. It will be recollected that the English secretary, Milbourne, was not with Leisler. It is well known, that the Dutch of New York, most of thein, knew no schoolmaster, but such as was sent from Holland long after this.
The letter is dated March 20th, 1691, at Fort William, and is as follows : " May it please your excellency, this, his majesty's fort, being besieged by Major Ingoldsby, so far as that not a boat could depart, nor persons conveyed out of the same, without to be in danger of their lives, which has occasioned that I could not be so happy as to send a messenger to you to give me certainty of your excellency's safe arrival, and an account of what was published, of which I am ignorant still ; but the joy I had, by a full assurance from Ensign Stoll, of your excellency's arrival, has been somewhat troubled by the detention of the two of my messengers. I see here well the stroke of my enemies, who are wishing to cause me some mistakes at the end of the loyalty I owe to my gracious king and queen, and by such ways to blot out all my faithful service till now : but I hope to have cause not to commit such error ; having by my duty and faithfulness being vigorous to them.
" Please only to signify and order the major, in releasing me from his majesty's fort, delivering him only his majesty's arms and all the stores, and that he may act as he ought with a person who shall give your excellency an exact account of all his actions and con- duct ; who is, with all the respect, your excellency's most humble servant, Jacob Leisler."
According to appointment, Sloughter and his friends met on the 20th, The minutes say nothing of the above letter. His majesty's letter was read, ordering the council to be sworn as such, and in the order above written, which was done: consequently, they had acted at the previous meeting without taking the oath to the king's govern- ment.
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LEISLER AND OTHERS ARRESTED.
Then, twenty-nine papers were delivered to the secretary, from their majesties, relative to Leisler, which had been sent to England from Albany. Bayard and Nichols appeared, were sworn of the council, and took their seats ; and then Jacob Leisler was brought in prisoner, and ordered to be committed to the guards, and the king's letter, directed to Francis Nicholson, or the person admin- istering the government, was taken from him.
Likewise were brought in prisoners, and committed to the guards, "Abraham Governeur, Gerardus Beekman, William Churcher, Cornelius Pluvier, Henrick Janse Van Boerton, William Law- rence, Thomas Williams, John Coe, Mynders Coerlen, Robert Leacock, and Johannes Vermille."#
Thus we see Jacob Leisler brought in to his enemies a prisoner, and turned over to the guards, on the same day that the above letter was written.
The Honourable William Smith, late Chief Justice of Lower Canada, in his History of New York, says, " if Leisler had deli- vered the garrison to Colonel Sloughter, as he ought to have done, upon his first landing, besides extinguishing in a great degree, the animosities then subsisting, he would, doubtless, have attracted the favourable notice both of the governour and the crown. But be- ing a weak man, he was so intoxicated with the love of power, that though he had been well informed of Sloughter's appointment to the government, he not only shut himself up in the fort with Bay- ard and Nichols, whom he had before that time imprisoned, but re- fused to deliver them up, or to surrender the garrison. From this moment, he lost all credit with the governour who joined the other party against him. On the second demand of the fort, Milbourne and De La Noy came out, under pretence of confering with his ex- cellency, but in reality to discover his designs. Sloughter, who considered them as rebels, threw them both into gaol. Leisler, upon this event, thought proper to abandon the fort, which Colonel Sloughter immediately entered. Bayard and Nichols were now released from their confinement, and sworn of the Privy Council. Leisler having thus ruined his cause, was apprehended, with many of his adherents, and a commission of Oyer and Terminer issued to Sir Thomas Robinson, Colonel Smith, and others, for their trial. " In vain did they plead the merit of their zeal for King William, since they had so lately opposed his governour. Leisler, in parti- cular, endeavoured to justify his conduct, insisting that Lord Not- tingham's letter entitled him to act in the quality of Lieutenant-go- vernour. Whether it was through ignorance or sycophancy, I
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* I transcribe these names, which are evidently mis-spelt or mis-written - as names at that time generally were.
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PROCEEDINGS AGAINST LEISLER.
know not: but the judges instead of pronouncing their own senti- ments upon this part of the prisoner's defence, referred it to the governour and council, praying their opinion, whether that letter 'or any other letter, or papers, in the packet from White Hall, can be understood, or interpreted, to be and contain, any power, or di- . rection to Captain Leisler, to take the government of this province upon himself, or that the administration thereupon be holden good · inlaw.' The answer was, as might have been expected, in the ne- gative ; and Leisler and his son were condemned to death for high- treason. These violent measures drove many of the inhabitants, who were fearful of being apprehended, into the neighbouring colo- nies, which shortly after occasioned the passing an act of general indemnity."
I fear that it would appear as an insult to the reader, to point out the fallacy of this statement, after laying before him the above docu- ments. Sloughiter published his commission, by outcry, at the City Hall, Coenties' slip, on the 18th of March - Leisler being besieged in the fort - and immediately on being installed, the governour sent Ingoldsby, the man who had illegally blockaded the fortress, to demand entrance. Leisler promptly sends an officer to ascertain the report of Sloughter's arrival and assumption of the government. This officer is sent with a peremptory demand for the surrender of the fort to Major Ingoldsby and his soldiers.
Leisler now saw that Sloughter acted by the prompting of his inveterate enemies, and like a prudent man wished to obtain a pro- mise from Sloughter of at least personal safety ; he therefore sent his son-in-law, Milbourne, and the mayor of the city to the gover- nour, who immediately makes them prisoners. Upon Leisler's refusal to surrender the fort, (and as he then knew, his life,) into Ingoldsby's hand, Sloughter adjourned his friends to the next day, and when they met, appointed them, and swore them into office as his council. This same day Leisler, by letter, and personally, surrendered the fort and government to Henry Sloughter and his council, not until then qualified to act as such.
Mr. Smith, asserts, that from the moment of shutting himself up in the fort with Bayard and Nichols, (which took place months before Sloughter's arrival,) he, Leisler, lost all credit with the go- vernour, who joined the party against him. If we suppose the historian to mean, that from the moment of refusing to surrender, when Ingoldsby was sent on the 19th of March, then Leisler " lost all credit, &c.," it is equally absurd, for it is plain that Sloughter, by the advice of Ingoldsby and the gentlemen who received him, had determined to treat Leisler as a rebel from the moment of his arrival.
It was not by any act of the unfortunate Leisler, that he " ruined his cause," as Smith asserts. The hands of his enemies had been
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PROCEEDINGS AGAINST LEISLER.
strengthened by the failure of Winthrop and Phipps, and then by Sloughter's arrival. Thus Leisler had fallen (without hope, ex- cept in the justice of his cause, which they had prejudged,) into their power completely.
At this same meeting of the council on the 20th of March, (which was the day they were sworn in,) the governour appointed John Lawrence, mayor of the city, and 'Thomas Clark, coroner.
On the 23d of March, the governour met his council at fort William Henry, the same persons being present, except Bayard. 'The minutes of this, Sloughter's first council in the fort, inform u3, that Messrs. Dudley, Van Cortlandt and Brook, were appoint- ed a committee " to examine the prisoners, in order to their com- mittal from the guard-house to the common prison." The secre- tary, and attorney-general, were directed to attend this com- mittee.
By this, we see, that Jacob Leisler, an elderly and respected merchant, who had raised the standard of William and protestant- ism, in 1639, and governed the city and province by the choice of the freeholders and the authority of the English ministry, for near two years, with all the above named gentlemen, had been kept from the 20th to the 23d of March, confined in the guard-house, before Sloughter and his council find time even to examine them. The next day, the 24th, the council again met, and ordered " that there be a special commission of Oyer and Terminer, directed to the judges whom his excellency will forthwith name," which judges, with "Sir Robert Robinson, Colonel William Smith, William Pinhorne, John Lawrence, Captain Jasper Hicks, Major Richard Ingoldsby, Colonel John Young, and Captain Isaac Arnold, are appointed to hold a court for the trial of the prisoners accused of murder and rebellion, and their accomplices ;" " and they or any of them, one of the judges always being one, to preceed in the same court." It is perhaps worthy of remark, that all these names are English or Scotch ; and most, if not all, held commissions as officers.
On the 30th of March, seven days after these gentlemen had been removed from the guard-house to the prison, (i. e. one or more of the apartments in the city hall, or town house, which was the place for the meeting of magistrates, holding of courts, and confining prisoners,) the council again met at the fort, Bayard be- ing present, but the governour not; and Messrs. Bayard, Van. Cortlandt and Pinhorne, were appointed a committee for pre- paring evidences against the prisoners ; and Mr. William Nichols, Mr. George Farewell, and Mr. James Emmett, are assigned as the king's counsel in that affair.
Before a court thus constituted, Leisler was arraigned, but refused to plead. He said he was not holden to plead to the indictment, " until the power be determined whereby such things have been
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LEISLER AND MILBOURNE CONDEMNED.
acted." His friends asserted, that it was for his majesty to declare whether the power under which' he acted was legal ; that his authority remained good until the king determined other- wise : that although Hendrick Jansen, Cornelius Pluvier, and Robert Le Cock, were committed for the same pretended crimes of murder and rebellion, they had been admitted to bail forthwith : that if Leisler pleaded to the indictment, the king might accuse him of " giving away his right;" that by pleading Leisler would empower the jury to judge of the fact ; " how, they ask, can twelve men of one county, judge of the government of the whole pro- vince ?"
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