History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. I, Part 24

Author: Dunlap, William, 1766-1839. cn; Donck, Adriaen van der, d. 1655. 4n
Publication date: 1839
Publisher: New York : Printed for the author by Carter & Thorp
Number of Pages: 993


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 24


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The trial, however, proceeded as had been determined ; and it was insisted that Nottingham's letter entitled Leisler to act in the quality of lieutenant governour.


On the 13th of April, the governour and council being met, the judges submitted the question as above, and the council decided in the negative. -


Leisler and Milbourne being condemned to death, as rebels and traitors, remained in this condition until the 14th of May, on which day, I find by minutes of council, present, Sloughter, Phillipse, Bay- ard, Van Cortlandt, Nichols, and Mienville, the following entry : " The clamour of the people coming daily to his excellency's hear- ing, relating to the prisoners condemned for treason and murder, and having had the opinion of the major part of the representatives now met and assembled,* for the execution of the principal offen- ders, he was pleased to offer to this board his willingness to do what might be most proper for the quiet and peace of the country, intend- ing speedily to remove to Albany." Sloughiter therefore demands the opinion of the council, (who were urging him incessantly to hang Leisler and Milbourne,) whether delaying the execution, might not be dangerous at this juncture? They, in answer, una- nimously resolve that "for the satisfaction of the Indians," and for asserting the governour's authority, preventing insurrections and discords, it is necessary that the sentence be executed.


Still, it appears that Sloughter feared both to exasperate the friends of Leisler, and incur the displeasure of William III, or his minis- ters, if he put to death, as rebels and traitors, the men who raised the standard of the Prince of Orange and protestantism, in opposition to James and popery. He hesitated ; but the anti- presbyterian faction was determined on the destruction of the


* JamesGrahame was a leading man in this assemlly, anb particularly anxious to produce the execution of Leisler and Milbourne. He is accused of having tampered with the friends of these victims, for the purpose of procuring a seat in the house of representatives, and was afterwards elected speaker .- See Letters of Lord Bella- mont, in N. Y. Ilist. Lib.


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THEIR EXECUTION.


men who had baffled and put them down, and perhaps were insti- gated by fear as well as revenge ; "they therefore," as Smith tells us, " when no other metsures could prevail with the governour, invited Sloughter to a feast, on occasion of his intended voyage to Albany, and, when his excellency's reason was drowned in his cups, the entreaties of the company prevailed with him to sign the death warrant ; and before he recovered his senses the prisoners were executed."


Leisler and Milbourne suffered death as traitors, on the 16th of May, 1691 ; and if the above statement of Chief Justice Smith is correct, the council must have met early in the day ; for I find a minute of that date, saying that the house of assembly, on the 15th, gave their approbation, signed by "James Grahame, speaker," to the resolution of the council of the 14th.


This execution must have taken place while the populace was overawed by the soldiers of Ingold sby and Sloughter, and while the judges and members of his majesty's council were keeping the governour in a state of intoxication. Leisler, at the place of exe- cution, after praise to God, expresses his sense of his dying state, submits and prostrates himself before his Redeemer with hope. He acknowledged, that at the request of a committee, chosen by the major part of the inhabitants of the province, he had taken upon him ("to the great grief of relations to be left behind,") weighty matters of state " requiring more wise, cunning, and powerful pilots to govern"- an undertaking, for which his motives were the pro- testant interest, and the establishment of the present government of William and Mary. He confessed, that in this endeavour for the public good, several enormities had been committed against his will. He professed that he had longed to see a governour sent, to put a period to the disorders existing : some of which, on his part, were committed through ignorance - some through jealous fear that dis- affected persons would act against the government - some through misinformation and misconstruction of people's intentions - and some through rashness or passion, which would require more time than is now permitted. For every offence, he asked pardon ; first, of God, and then of all persons offended. He prays that all malice may be buried in his grave, and forgives the most inveterate of his enemies. He repeats, " Father, forgive them, they know not what they do." He begs of his friends and relations to forget any injury done to him. He prays for the good of the province, and, as his last words, declares, that as to the matter for which he is condemned, "his purpose was for the good of his fellow-creatures, according to the understanding and ability which he possessed, by preventing popery and upholding the government of William and Mary. He concluded a prayer for all in authority, by one for comfort to the family to which he did belong. For his afflicted family, he asks the charity of all, and their prayers for himself.


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Being asked by the sheriff, " If he was ready to die?" he an- swered, " Yes," He desired that his corpse might be delivered to his wife, and as his family had been educated as Christians, he hoped they would act as such. Saying he did not fear death, he turned to Milbourne and said, " Why must you dic? You have been but as a servant, doing my will : and as I am a dying man, I declare before God and the world, that what I have done was for King William and Queen Mary, the defence of the protestant religion, and the good of the country." Having again professed his reliance upon God, he said, " I am ready ! I am ready !"


Leisler's son-in-law, Jacob Milbourne, seems not to have died with so much humility ; for seeing Mr. Livingston, who, it will be remembered, was not one of the council, he said to him, " You have caused my death ; but, before God's tribunal, I will implead you for the same." The sheriff having asked him whether he would not bless the king and queen? he answered, " It is for the king and queen I die, and for the protestant religion."*


'T'he rain descended in torrents upon the prisoners and the crowd. The faintings and screams of women were seen and heard in every direction when this fatal scene was terminated by death. What a contrast does it present to this gloom, wailing, and horrour, when we recollect that the enemies of these citizens were carousing in beastly triumph and drunkenness.


The records of a province would appear to many as beneath the dignity of history, although that province was the germ of a mighty state. The revolution effected by the burghers of New York, when they raised the standard of William of Orange, and the protestant religion, has heretofore appeared as an undignified subject for the historian. This same phrase, " the dignity of history," is, in my sight, as heretofore upheld, very contemptible and mischievous. Robertson apologizes to his reader for descending from the dignity of history, when he dwells on the character and fate of David Rizzio : but the contemptible Darnely, the ruffian Bothwell, the mur- dress and adultress Mary, are all with him, and most others, fit sub- jects for the historic muse.


. The true dignity of history is derived from truth. It is evident that every event, though true, is not fit for the historian ; but no act or person, however poor or low in life the actor, is beneath the dignity of history, if the relation of it elucidates subsequent trans-


" The Reverend Doctor S. Miller states, (of course, as tradition, ) that when Leisler was executed, "the shrieks of the people were dreadful - especially the women -some fainted, some were taken in labour : the crowd cut off pieces of his garments as precious relics, also his hair was divided, out of great veneration, as for a martyr."-MSS.


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actions or characters, and is a link in the great chain of instruction which constitutes the philosophy of history.


Jacob Leisler, a simple burgher and merchant, becomes a digni- fied object, when the choice of his fellow burghers, freeholders of New York, place him as their commander-in-chief, in opposition to the lieutenant-governour of the tyrant and bigot James, for the pur- pose of preserving civil and religious liberty. Party, which is in- dispensable to popular government, may be said, if not to have had its birth at the time in New York, at least to have taken its " form and pressure" as it exists in this day. We see in that party of which Leisler was the head, the germ of our present democratic representative government.


Ebeling, the Dutch historian of New York, gives a more impar- tial account of the transactions of this time, and the fate of Jacob Leisler, than is given by William Smith, the Chief Justice of Ca- nada. With Ebeling's view of the subject, and a few remarks, I shall close the chapter.


On the surrender of the fort, Leisler, Milbourne, and others who had formed the council, were imprisoned and immediately tried by a court of Oyer and Terminer, appointed by the gover- nour, instigated by the enemies of Leisler, who again formed the court. The fallen party were arraigned as murderers and trai- tors. In vain they reminded the court of their zeal for William and Mary - in vain Leisler denied the authority of the court : any consideration and any humiliation would not have satisfied his ene- mies ; and it appears that he stooped to none, but justified his con- duct. Dudley was the presiding judge. Leisler and Milbourne were sentenced to die as rebels and traitors. Had James been king, they might have incurred the same fate, for treason against him. Ebeling, in his history, says, that after the sentence, " the whole matter was laid before the king ;" (i. e. before William III,) but by whom ? By those who had determined to sacrifice him to their private views and passions. The assembly that had been convened, were persuaded that the misfortunes of the province, were all attributable to Leisler and his friends, and that assembly pressed for his execution. Sloughter feared to exasperate the people, who still adhered to Leisler. The governour thought of proroguing the assembly to Albany. Leisler's friends were cla- mourous on account of his long imprisonment, and at the sentence passed upon him by the opposite party, who feared that if the gover- nour and assembly removed to Albany, the people of New York would liberate the prisoners, and, therefore, pressed the more for immediate execution. Sloughter called, says Ebeling, "a par- ticular council of both houses. In this council, he was urged and pressed to execute the sentence speedily." Sloughter is said to


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RETROSPECT.


have been unwilling. Was he not fearful? The historian, Ebe- ling, says, "when every thing else failed, he (Sloughter,) was made drunk, and the execution took place, May 17." Every thing proves that Leisler was condemned unlawfully, and executed un- justly. Afterwards, the act of attainder was reversed. This was done at the instance of young Leisler. Gouverneur,* and all the others, except Milbourne, were released.


It has been the policy of men of all ages, to preserve the memory of the founders of the nation they claimed as their own. It serves to perpetuate nations. Rome, the eternal, bears the name of its reputed founder. The founder of the Democracy of New York, was Jacob Leisler: and New York is now an empire - founded upon demo- cracy. The line, that says, " An honest man is the noblest work of God," has been received as a truism. And Jacob Leisler was truly an honest man, who, though a martyr to the cause of liberty, and sacrificed by injustice, aristocracy, and party malignity, ought to be considered as one in whom New York should take pride - although the ancestors of many of her best men denounced him as a rebel and a traitor. If an honest man is the noblest work of God, Leisler was a great man- and all agree that the fame of the great men of a nation, is that nation's most precious inheritance.


CHAPTER XIII.


Retrospect-First Assembly under Sloughter's gorernment-Cana- dian affairs-Sloughter's death-Ingoldsby, Governour, pro tem -Schuyler attacks the French, ut La Prairie-Indian wars- Richard De Peyster-Fletcher, Governour-Confirms the aris- tocratic council-Caleb Heathcote-His family-His mode of enforcing religious exercises on Long Island-Fletcher is guided by Peter Schuyler-Count Frontignac-Wars with the Iroquois . - Great expedition against them.


1691 IN 1664, as we have seen, the province of New Netherland was surrendered to the English, and became New York. The inhabitants, generally, were glad to exchange the Dutch pro- vincial mode of government for what they knew and what they


* Abraham Gouverneur was a French Huguenot. He married the widow of Mil- bourne - of course, the daughter of Leisler. The name of Gouverneur remains among us, and is made a second time distinguished, by the union with that of Morris.


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hoped from the English system. Until 1683, (with the trifling interruption by the directorship of Colve, or surrender for a few months to the Dutch, in 1673,) New York was governed by what are known as the duke's laws, meaning James, Duke of York .*


The assembly which met in 1601, (whose laws were the first considered valid by the publishers of 1752,) consisted of James Graham, William Merritt, Jacobus Van Cortlandt, and Johannes Kipp, for the city and county of New York. Derick Wessells and Levinus Van Schayk, for Albany. Elias Dukesbury and Dally, for Richmond. John Pell, for West Chester county. Henry Pier- son and Matthew Howell, for Suffolk. Henry Beekman and Tho- mas Garton, for Ulster and Duchess. John Bound and Nathaniel Persal, for Queens. Nicholas Stillwell and John Poland, for Kings. " The members for Queens county," says Smith, "were after- wards dismissed, for refusing the oaths directed by the governour's . commission."+ -


It was this assembly that recommended itself to the infamous Sloughter and his council, by declaring that all the evils which had befallen the province, were to be attributed to the usurpation of Jacob Leisler, and accordingly joined with the council in urging his execution.


The address of the assembly to Sloughter is one of the most abject expressions of crawling servility, that I remember. They, " in the most humble manner," congratulate him. " From the bottom of their hearts," they declare, that none " can or ought to have right " to govern . the province, but by that authority " now placed in his excellency." Their lives and


* The government of the Dutch, generally, in New York, was wise, and, of course, just, in regard to the aborigines. They selected some of the best bottom . lands for cultivation, but recognizing the Indian right to the soil, they gained the consent of the Indians, and purchased for what was of equal value in the eyes of the original proprietors. The European wanted the soil for cultivation - the Indian did not -- and a blanket to preserve him from cold, and fire-arins to procure game, were of more real use to him, than acres of the richest land on the Hudson or Mo- hawk. That progress, by which civilization or cultivation would eventually con- tract or annihilate his hunting-grounds, was far beyond his thought, or, perhaps, be- yond the conception of either party. The Iroquois valued the friendship of the Dutch, and contrasted the dealings of the Netherlander with the unprovoked hos- tility of the French, and their detestable treachery, in seizing their chiefs at a coun- cil meeting, and sending them to labour at the gallies of the " grand monarque." The Iroquois were the lords of all the land possessed by the Dutch, or claimed by them; for the sea-board Indians had submitted to the power and prowess of the martial confederacy.


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The Long Island Indians gave the Dutch settlers very little trouble. They had some quarrels, and the planters were, in some instances, obliged to stand on their guard ; but they generally were friendly, and by degrees melted away before the light of the white man. The Indians who attacked the early settlers were from the con- tinent: but the battle of Fort Neck was fought, apparently, with Long Island Indians.


t See Appendix P.


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fortunes are placed at his excellency's disposal, and prayers are added for his excellency's long life and rule. They unanimously resolved, that all the laws consented to by the general assembly, under James, Duke of York, and the liberties and privileges therein contained, granted to the people, and declared to be their, rights, are null and void-not being ratified. They enacted a law for establishing the revenue: the receiver-general took this money from the collectors, and it was paid out to warrants issued by the gover- nour : this made the governour independent of the people. They passed a law, securing the rights of the colonists, as English sub- jects, by declaring the legislative power, (under the king,) to reside in the governour and council appointed by his majesty, with a gene- ral assembly, representing the freeholders : but this act was rejected by the king. A law passed into operation for establishing courts of justice, as had been done in 16S3, and abolishing the old court of assizes .*


In May, Sloughter procceded to Albany, and in June, a council of the Iroquois met him. The confederates were discontented that they had been left to contend, unassisted by the English, after the retreat of General Winthrop, and during the following winter.


We are told by Pere Charlevoix, that the brave and active old general, Count Frontignac, after the defeat of Sir William Phipps, and the futile operations of New York and Connecticut, under Winthrop, pressed the French Court to send a force against the city of New York, as the only means of subduing the Iroquois, who made several inroads upon the Canadian settlements, particularly near Montreal, killing many French inhabitants, and destroying the fruits of nature and industry -according to the practice of glorious war, in every country. In one instance, a party of Oneidas were defeated by the French, several killed and five taken prisoners, who were burnt by the "habitans." Many of these interesting skirmishes are detailed by the worthy father, who tells us that the Onondagas, having sent messengers to the Caughnawagas, or pray- ing Indians of the French, Count Frontignac had suspicions of these Mohawk converts : but they refused to return to their former friends, though threatened by them with being involved in the de- struction prepared for the French.


Sloughter succeeded in renewing the treaties with the Iroquois which had formerly been in force. The Mohawks, who had re- ceived the messengers and presents of Frontignac, at first held off. The others told him that they were glad to see a governour again


* The chief justice, Dudley, had for salary, £130. The second judge, Johnson. £100. The owner judges, Smith, Van Cortlandt, and Pinhorne, with the attorney- general. had nothing.


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in Albany : and finally, the Mohawks rejected the overtures of the French, and again pledged themselves to New York.


The governour, having returned to New York, suddenly died, on the 23d of July, 1691. It was suspected, or asserted, that he had been poisoned, (as if any extraordinary means were necessary to terminate the life of a. glutton and drunkard,) but a post mortem examination by physicians and surgeons, removed the suspicion; which only proves the rancour and the fears of the prevailing party. The corpse was buried, as Smith tells us, in Stuyvesant's vault, next to the remains of the old Dutch governours.


Dudley, being the senior member of council, was, of right, the ruler of the province ; but he was absent at Curacoa, and the party resigned the reins of government into the hands of Ingoldsby, who bore no higher commission still, than that of a captain of foot. Even on Dudley's return, by the way of Boston, the captain was con- tinued governour. There is no doubt, in my mind, but fear of the people caused this resignation of power into the hands of this man, who had command of the military, and had no ability to fit him for government.


In the mean time, reinforcements arrived at Quebec. But Major Peter Schuyler led the Iroquois by Lake Champlain, and finding the Governour of Montreal encamped with a force at La Prairie, attacked him with considerable success ; that is, many French were killed, and the Indians were encouraged to remain firm to New York. Frontignac, however, retorted these uncourteous visits, and sent a large force in the autumn to punish the Mohawks : they did little, and suffered much ; discouraged by the approach of winter, for which they were not prepared, they retreated to Montreal.


The Iroquois, on their part, attempted to surprise the French at Sault St. Louis, but failed, and after some skirmishing, retired. The confederates had advanced on this enterprise, in two parties. The Onondagas, Cayugas, and Senecas, by Lake Ontario ; while the Mohawks, Oneidas, and some Mohicans proceeded by Lake Cham- plain, and after committing some destruction by the fire and the knife, were driven back with loss.


1692


The aldermen and assistants elected by the freemen, and constituting the Common Council of the city of New York for 1692, were for the East Ward, William Beekman, Alderman ; Alex- ander Wilson, assistant. Dock Ward, William Merrett, alderman; Thomas Clarke, assistant. North Ward, Johannes Kipp, alder- man ; Thomas Dekay, assistant. South Ward, Brandt Schuyler, alderman; Stephen Delancey,* assistant. Out Ward, John Mer-


- t We see here, a Stephen Delancey elected an assistant alderman, in the year 1691.


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ritt, alderman ; Garret Dow, assistant. West Ward, Robert Dar- kins, alderman ; Peter King, assistant. The mayor, appointed by the governour, was Captain Richard De Peyster. The recorder, . commissioned by the king, was William Pinhorne, who was like- wise one of Sloughter's, or his majesty's council.


On the 30th of March, 1692, Pinhorne brought in an ad- dress for the mayor and common council to sign, and read it ; but De Peyster, the mayor, though appointed by Sloughter con- stitutionally, objected to the passage in which Pinhorne had asserted, "that Leisler hath not paid the soldiers he had taken upon him to raise," and for " the present it was laid aside." The manuscript record in the common council's office, City Hall, New York, says, that the common council and recorder were willing to sign ; but De Peyster was too honest .*


On the 29th of August, 1692, Benjamin Fletcher arrived as governour of New York. On the 30th he published his commis- sion. His majesty's council at the time was composed of Messrs. Frederick Phillipse, Stephen Van Cortlandt, Nicholas Bayard, Gabriel Mienville, Chudley Brooke, William Nichols, Thomas Willet, and Thomas Johnson. These were, as the reader will re-


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1 * In this year, a schism happened among the quakers of Philadelphia, with which New York is connected -inasmuch as to that, the latter place is indebted for its first printer and printing-press. In 1689, the " friend's public school, of Philadelphia," was established, and at its head was placed George Keith. George was a writer, that is, he was possessed by that restless spirit which induces men to sacrifice ease and comfort, to the desire of appearing in print ; and he undertook to reform quakerism. This did not please his employers, who had called him to teach their children, and not themselves. George Keith was a native of Aberdeen, in Scotland, from which town came Barclay, and other distinguished men. Keith wny a man of vigorous intellect, but of a restless mind - ever disposed for controversy. Hle had been distinguished by many writings in defence of quakerisin, and in oppo- sition to the churches and ministers of New England. These publications recom- mended him to the friends, of Philadelphia, and George was in high favour as long as his sharp and bitter compositions were directed against New England; but when he began to reform what he considered amiss in Philadelphia, it was discovered that " he had too much life in argument," " unbecoming vanity," aud conducted himself "in a very extravagant manner." Keith insisted that it was unchristian to keep negroes in slavery. He was in advance of the time ; and the truth cansed irritation, because it was true. He had his adherents- and particularly the German emti- grants - who, it is said, "from the first, protested against negro-slavery." Not content with endeavouring to teach, Keith made attacks upon the friends, that sa- voured of hostility. They, in their turn, published a testimony of denial against him. They declared that the mighty man had fallen. They accused him of uttering "un- savonry words and abusive language," with calling them " fools, ignorant heathens, silly souls, rotten ranters, and muggletonians," and, what was worse, " that quaker- ist was too often a cloak of heresy and hypocrisy." Keith's party were denomi- nated, by him, Christian Quakers, and his opponents, Apostates.




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