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 33
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This congress at Albany, in 1722, secured the chiefs of the Iro- quois, and the treaties with this people were renewed and confirmed : but at every step they were met by the active genius of the Chevalier de Joncaire, who guided the actions of the other French agents thrown among the Five Nations, and the effects of this extraordinary individual were found powerful in opposition even to a body of men, at the head of whom were Spotteswode and Burnet.
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The Chevalier de Joncaire had devoted himself to the plans of the Canadian and French government : to carry them into effect, the aid or acquiescence of the Iroquois was necessary. To extend the dominion of France, and of the Roman religion, this accom- plished French gentleman, bade adieu to civilized life, and by long residence among the Senecas, adopting their mode of life, and gaining their confidence, he procured himself to be adopted into the tribe, and to be considered as a leader in their councils. His influence with the Onondagas, was almost as great as with his own tribe. By introducing and supporting the priests, and other mis- sionaries, employed by the Jesuits and instructed by the governour : by sending intelligence to Montreal or Quebec, by these spies ; by appearing at all treaty councils, and exerting his natural and ac- quired eloquence-it is necessary to say, he was master of their language-he incessantly thwarted in a great measure the wishes of the English, and particularly set himself in opposition to
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the government of New York. But the views of Burnet, in regard to the direct trade, backed by the presents displayed to the savages, met their approbation in despite of Joncaire and the Jesuits.
The conduct of the Chevalier de Joncaire, is only paralelled as far as I now recollect, by that of the Jesuit Ralle ; whose influence with the Indians inhabiting the territory between New England and Canada, produced effects disastrous to the eastern colonists, and an unbounded attachment to himself and his countrymen. It is not improbable that Joncaire, as well as Ralle, was of the society of Jesuits, for it is the policy of this insidious combination that its members shall appear as laymen, in many instances, rather than as ecclesiastics.
At this congress of 1722, Governour Burnet prevailed 'upon the Iroquois to send a message to the Eastern Indians, threatening them with war if they did not cease their incursions upon the New England frontiers.
1723 The effect of Governour Burnet's plan, (by which the goods wanted by the Indians were carried directly to Os- wego, instead of passing through Albany to Montreal, and thence to fort Frontignac,) was seen by nations residing about Michilimack- inack, coming to Oswego and Albany to exchange their peltries for the articles of commerce. It is amusing, to see by the statements of this date, that the countries now so familiar to us, were then unknown, and the inhabitants viewed as strangers coming from the far west, and exciting the curiosity even of those who were in habits of intimate communion with the Iroquois. We learn, that in May, 1723, a nation of Indians came to Albany, singing and dancing; with their calumets (the pipes of peace or friendship) borne before them : and the commissioners of Indian affairs were not able to inform themselves what nation this was. And after- ward, eighty men with their women and children came in the same manner, bringing with them an interpreter from the Iroquois. These said they were called Nehkercages ; that they came from Michilimackinack, between the Upper Lake and Lake Huron. In July another nation came to trade, called by the French Miamies ; and some of the Tahsagrondies : and others that were unknown. The Tahsagrondies said the French had a fort in their country called Detroit.
1724
In the year 1724, Governour Burnet was involved in a dispute with Mr. De Lancey, who is represented as a rich man, and the principal benefactor of the French church established in New York by the refugees who fled from the revocation of the edict of Nantz. The governour took part with M. Rou, in opposition to the clergyman upheld by De Lancey and a majority of the con- gregation ; and Mr. De Lancey being returned as a member of assembly, Burnet refused to administer the oath to him, upon the
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FRENCH AT NIAGARA.
ground that he was not a subject of the crown. De Lancey replied, that he was made a denizen in England, " in a patent of denization granted in the reign of James II, and under the seal of this pro- vince, in 16S6." The house decided in favour of De Lancey *- but a feud existed between him and many of the protestants against Burnet. The assembly claimed the right of judging of their own members, and although the governour still held a majority, his conduct in this case was considered unconstitutional ; and his op- position to De Lancey, to have originated in the latter's espousing the French trade in opposition to Burnet's plan of trade by Oswego.
1725. · The prosperity of Oswego in its commerce, the English in great numbers going among the Indians, and returning
1726 with canoes laden with peltry, was a sore mortification to the French of Canada, besides that it indicated an antici- pation of their scheme of hemming in the colonies by means of garrisons, and the influence of the western tribes. In 1726, they put in execution a bold step, both for trade and ultimate conquest. They advanced at once from fort Frontignac at the foot or outlet of Lake Ontario, and transported materials to the head of Ontario ; taking possession of the former post at Niagara, and immediately repairing the fort and erecting a trading house.
M. de Longueil, who had succeeded Vaudrueil in the govern- ment of Canada, after preparing the Onondagas by the representa- tions of his Jesuits, went thither himself, and obtained their consent to the establishment at Niagara. The other four nations did not agree, and the Senecas ordered them off from Niagara. The French hastened their fortress, and M. Joncaire, before mentioned, exerted himself to make the Iroquois think this French establish- ment for their benefit, not only by preventing the English from monopolizing their trade, but as a security against the encroach- ments of that people. Joncaire, a Seneca by adoption, and a favourite with the Onondagas, was possessed of great influence throughout with the confederates, which was steadily used for for- warding the plans of his countrymen. He facilitated the reception of missionaries, and directed their intrigues against the province of New York. In vain Peter Schuyler exerted himself to per- suade or bribe the Indians to dismiss Joncaire, he preserved his
* Was this the Stephen De Lancey who appears as an alderman in 1691 ? Or was it Pierre De Lancey, who arrived after the revocation of the edict of Nantz, and married into the house of Van Cortlandt ! From the mention of denization in the reign of James II, which reign terminated in 16c2, and which denization is placed before the provincial denization of 1686; it appears, that this De Lancey must have left France before the revocation of the edict of Nantz, and must have been Stephen.
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power, and at his death, left his son among the Iroquois, to con- tinue the French influence among them.
' All Governour Burnet could do, was to protest against the Ca- · nadian encroachments, which he did, in strong terms, to the legis- lature of New York and to the ministry of England. He assem- bled the chiefs of the Iroquois at Albany ; he reminded them of all the benefits they had received from England, and all the injuries that had been inflicted by France. He pointed out the evils that would flow to them from a French fort at Niagara, on their terri- tory. The Indians declared their unwillingness to suffer this in- _ trusion of the French, but said, they now had not power to prevent it. They called upon the Governour of New York to write to the King of England for help to regain their country from the French of Canada. Burnet seized this opportunity to gain a surrender of their country to England, to be protected for their use. Such a surrender would be used by Europeans for their own purposes ; but (in the sense they viewed and represented it,) was altogether incomprehensible by the Indian chiefs ; and the deputies had no power from the Iroquois confederacy to make any such sur- render.
1727 Burnet's military force was inadequate to the removal of the French from Niagara ; but he fortified the post at Os- wego, and for that purpose advanced his own money, part of which was never repaid by the province or the king.
By the treaty of Utrecht, as above mentioned, France had ack- nowledged the Iroquois and their territory to be subject to Great Britain. Niagara was never disputed to be within the country of the Senecas, yet the violation of the treaty was applauded by Father Charlevoix ; and the Governour of Canada, who succeeded Lon- gueil, complained to Governour Burnet of his proceedings, in respect to the fort at Niagara.
The opposition to Governour Burnet prevailed in the assembly. The friends of the circuitous trade were, of course, his foes. The affair of the French church was urged against him : his court of chan- cery was clamoured against ; and his decrees, as chancellor, had made enemies of many rich and powerful individuals among the pro- vincials. He dissolved the assembly ; and when appointed to the government of Massachusetts, his removal from New York was considered as a blessing by those he had offended and those who could not comprehend the views of the French court, or appreciate the valuable services which William Burnet had rendered, not only to New York, but to all the colonies, by endeavouring to counteract them.
The general course of Governour Burnet's administration, ap- pears to have been fair and honourable ; but I can see no just rea- son for his removing Peter Schuyler from the council. He doubt- VOL. I. 37
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less, substituted a good man, in James Alexander ; and the exchange of Colden for Phillipse, was altogether in favour of the province. It is, however, very difficult to judge, except in obvious - cases, of the conduct of a man who has passed away a century ago; certain it is, that Mr. Burnet, who had married a provincial, (Miss Van Horne) left New York with regret, and was much regretted by many who had witnessed his public acts and shared in the society of a learned, scientific, and benevolent gentleman.
· Burnet was free from the vices of his military predecessors ; he . was not infected by the petty pride derived from a red coat and laced epaulettes ; neither had he the desire to accumulate money - a vice, as Mr. Thomas F. Gordon justly observes, " common to colonial governours." His conversation was the delight of men of letters ; and he carried little with him but the love of his associates and his books.
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MONTGOMERIE GOVERNOUR.
CHAPTER XIX.
Montgomerie Governour-Burnet in Massachusetts-Nature of colo- nial government-Military governours-Members of the council at this time-Death of Montgomeric-Rip Van Dam-Colonel Cosby, governour-Dispute with Van Dam-Bradford and Zenger-Smith and Alexander-The aristocratick and demo- cratick parties, and their leaders-De Lancey and Phillipse- Zenger's trial.
1727 THE son of Bishop Burnet reluctantly abandoned a pro- vince he had faithfully endeavoured to serve, and in which, by his marriage into the family of Van Horne, he had connected himself with the ancient inhabitants. Many regretted the loss of his pleasant society, and men of literature and science felt his loss severely. There were some who thought the higher of him, that he inherited a portion of his father's propensity to the study of divi- nity, and valued him for (that which produced a smile of derision in others,) his exposition of the prophecies.
Being removed to Massachusetts, he was succeeded by the ho- nourable John Montgomerie, a courtier, who had been groom of the chamber to George, Prince of Wales ; who, on becoming George II, King of England, rewarded his groom-by making him gover- nour of a province
He arrived on the 15th of April, 172S, as governour and chan- cellor, of New York.
.1728 It is recorded, to the honour of Montgomerie, that he declined officiating in the latter capacity, until the lords of trade, or the king's ministers, positively ordered him so to do : and who, like Lord Chatham, at a later day, thought that no company of his majesty's marching military, but had a man in it, fit to govern a province, though in 172S, the man who governed New York, was by the appointment, qualified for a chancellor.
Burnet anticipated troubles in Massachusetts, and he was not dis- appointed; although his reception indicated nothing less. He was received by a committee on the borders of Rhode Island, and attended to Boston, by such a cortege, as never graced royal governour before or after. Gratified as he must have been by these honours, he was annoyed by the long graces before meat ; for it is recorded, that he asked Colonel Tailer, one of the Boston committee, " when these lengthy ceremonies would be shortened.
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BURNET IN MASSACHUSETTS.
Tailer who was somewhat of a wit, and saw the jocose disposition of the new governour, answered, with apparent solemnity, please your honour, the gruces will increase in length, until you come to Boston ; after that, they will shorten, till you come to your govern- ment of New Hampshire ; there you will find no grace at all."
Governour Burnet, was during life at variance with the assem- bly of Massachusetts ; principally on account of the fixed salary which he was instructed to insist upon. The assembly was deter- mined in their opposition ; and the contest was only ended by the governour's death. When the grave had received the remains of this good man, (to which they were attended by the pomp and ceremony of a public funeral, expressive of respect and regret,) the people of the bay province, did justice to the merits of the person, who as governour, they were obliged to restrict and oppose.
On the 16th of April, 172S, the common council of the city of New York, presented a congratulatory address to Governour Mont- gomerie, in a gold box. Any change was acceptable to a people,. . who felt that they were not governed as freemen, or even as Eng- glish subjects.
The reader, if not already convinced of it, will hereafter see, that the government of the colonies, or his majesty's plantations, - was, in its very nature, oppressive to the people. Judge Egbert Benson, says, "we were once the subjects of the prince, the su- preme magistracy in him, as in an inheritance, the people privi- leged to choose only a portion, a third branch of the legislature."
This was an usurped government over people who fled from similar privation of rights in Europe. Men by degrees lose self respect. It was once the boast of the people of New York, that " our masters did not disparage us, by placing over us, any person of mean condition, and that the greater part of the governours, sent out to rule over us, were noblemen, or of noble descent." The good folks were proud of the honour, of having their pockets squeezed by a queen's cousin, or any other titled spendthrift sent out to collect from them the money to satisfy his European credi- tors. Can we then wonder that provincials were despised by their fellow subjects of England ?
Montgomerie was a soldier by profession, and in his latter years a courtier by practice. The colony had been governed by a civi- lian, again it was ruled by a military man, whose only care was to induce the assembly to settle his salary; which they did for five years. He then, in October, visited Albany, to confirm the Iroquois in their foriner engagements, by holding a council with the chiefs. A groom of the chambers to a German prince, seems little fitted for negociating with Indians, of whom probably he had never seen one until his arrival in his government, unless he happened to be in London, eighteen years before, when Peter Schuyler exhibited his
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MONTGOMERIE'S ADMINISTRATION.
five Iroquois, to the delight of court and populace ; but his council could tell him what to do, and the ministry had amply furnished him with presents, very persuasive arguments with the Indians of this time : he procured for them guns and powder, blankets and lead, and they gave promises in return.
From his journey to the end of civilization, he returned gladly to New York, to enjoy his ease without care for the interests of the province ; while the indefatigable French of Canada, carried on their designs by means of their Jesuits, and their trading posts. Mr. Montgomerie had no particular party to uphold ; his aversion to chancery business pleased the assembly, while the council seem to have been as quiescent as the governour could wish.
Burnet, however, although removed to Massachusetts, did not forget the interests of New York, and knowing the designs of the French, kept up a necessary system of watchful intelligence, in regard to their movements. He learned, that they were not con- tent with posts at both ends of Lake Ontario, but had determined to demolish his fort at Oswego : of this he informed the governour and council of New York, and however indisposed Montgomerie might be to action, or ignorant of the policy of the province, (and he appears to have been ignorant on all topicks,) several members of the council were possessed of the requisite knowledge, and disposed to carry into effect, the views of Governour Burnet. Colden and Alexander, were attached to him, understood his policy ; Van Horne, was his relative by marriage, and Robert Livingston, the second, was a man of information, and the son-in-law of Peter Schuyler, which alone, would make him adroit in Indian affairs : the other members, (Walters, Van Dam, Barbaric, Clarke, 1729 Harrison, Morris junior, Provoost, and Kennedy,) would not oppose, if they did not urge Mr. Burnet's desire, and on the receipt of a letter, in March, 1729, sufficient force was dispatched to Oswego, to deter the French from an attack upon the fort, and to encourage the Iroquois to stand forward in its defence if needed.
1730 So far, the views of Governour Burnet prospered ; but the mercantile interest, which had been concerned in the Indian trade by the way of Albany and Montreal, prevailed, 1731
aided by French influence at the Court of Great Britain, and the acts passed by Burnet in favour of the direct trade, were repealed.
Montgomerie enjoyed the government of New York about two years - dying on the 1st of July, 1731 - at a time when Mr. Rip Van Dam was the eldest member of council, and, of course, his successor in power. "He took the oaths," says Chief Justice William Smith, " before Messrs. Alexander, Van Horne, Ken- nedy, De Lancey, and Cortlandt. This De Lancey, was James,
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RIP VAN DAM.
who was called by Montgomerie to the council, though a youth in 1729, just after his return from the university."* Morris had been suspended by Montgomerie, for some words relative to "the gover- nour's drafts upon the revenue."
Mr. Van Dam seems to have been passive as to French affairs ;. and they, the French, not content with the bold steps taken at the west, to secure Lake Ontario, very openly seized upon Lake Cham- plain, on the south side, and erected a fort at Crown Point, on the Iroquois territory, but considered, even at that time, part of New York.
Mr. Van Dam, as I have before said, had by dint of wealth honestly acquired in the way of trade, and those qualities which made trade profitable, raised himself from a member of the common council to a seat in his majesty's or the governour's council; from being one of the people, to being considered one of the people of figure. He was now, as president of the council, virtually, gover- nour of the province until the king should send out a qualified and instructed person for the office.
1732 Governour Cosby was appointed to succeed Montgomerie, ' but did not arrive until the 1st of August, 1732-leaving Mr. Van Dam to supply his place for thirteen months. During part of this .time, the good people of New York seem to have been in dread, that a law before parliament, called the Sugar Bill, and meant to favour the West Indies, would ruin the province. Colonel Cosby -for this governour was also a military man, who had previously been Governour of Minorca - being in London, used his influence to promote the wishes of the colonists, by opposing the bill, although without effect, the matter being undetermined at the time of his arrival in New York. The first assembly which met him being in session at the time of his arrival, considered him as a friend to the people, and following the popular wish, readily granted a revenue to support the government for six years - which included a salary for the governour, of £1,560, with certain emoluments, (to be gained out of supplies for the forts,) amounting to £400, and £150 to pay his expenses in a journey to Albany, besides a sum to be laid out in presents for the Iroquois. They afterwards resolved to present him with £750, as compensation for his services in as- sisting the agents of the colony in their opposition to the Sugar Bill.
All this, Chief Justice Smith tells us, did not satisfy the colonel, who had come to New York to make a fortune, and had not sense enough to see that it was his interest to improve the popularity
* It appears by this and other expressions of Chief Justice Smith. that James De Lancey received his education at an English university ; and had not, as yet, the feelings of & provincial or of an American.
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· which attended, or rather preceded his arrival. Meeting Mr. Morris, who had a seat in the assembly, he, in the true spirit of an Euro- pean militaire, looking down with contempt upon an American pro- vincial, on hearing of the gratuity voted by the assembly from Mor- ris, (one of the members) exclaimed, "Damn them! why did not they add shillings and pence ?"
But Van Dam, the merchant, who had governed the province during his residence in London, caused still fiercer ire in the breast of the colonel, when a settlement of accounts was called for. While the provincial was in the governour's chair, he received the salary. Colonel Cosby brought with him the king's order, dated the 31st of May, 1732, for an equal partition between himself and the presi- dent of the council, of the salary, emoluments and perquisites of the office, from the time Mr. Van Dam first administered the govern- ment to that at which Colonel Cosby relieved him .*
In consequence of this, the colonel demanded half of the salary which the president had received for the thirteen months during which he executed the office of governour. The merchant immediately saw that Cosby had received more in perquisites and emoluments than the amount of salary, and offered to make division according to the sovereign's order. He stated his receipts at £1,975 7s 10d, and those of the colonel as £6,407 18 10. The English gover- nour demanded half the salary : the Dutch merchant agreed, pro- vided he received half the perquisites and emoluments ; but refused otherwise. He would retain his salary, if his opponent was con- tent; otherwise he appealed to the order for a division, which gave him a balance of upwards of £2,400.
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The governour, to compel Van Dam to refund half the salary,
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* A question was raised, whether Van Dam should receive the whole salary allowed to a governour, and the opinion of the assembly was asked ; but they de- clined giving an opinion, leaving it to the council, who consented that the warrants should be drawn for the whole .. Cosby, on his arrival and friendly reception by the assembly, waited until their adjournment, and then produced the king's instruc- tions to take to himself one half the salary and emoluments during Van Dam's ad- ministration, leaving him one half. Van Dam agrees, provided Cosby accounts for certain monies received by him, and shares with Van Dam, such monies. Cosby refuses, and erects a court of exchequer, to compel Van Dam to comply with his terms. Suits commence on either part : but Cosby appoints the judges. Van Dam denies the legality of the proceedings. Chief Justice Morris declines to obey the governour's orders in the case, asillegal, and is by him suspended, after serving twenty years unimpeachably. James De Lancey was appointed in his place. Here the Morris family are connected with the democratick side, and the Delancey with the royal, as afterwards in 1775. Frederick Phillipse was second judge. The Phillipse's took the royal party, likewise. The court decides against Van Dam. Van Dam, in his published account, states that Cosby received, before his arrival and while Van Dam administered the government, emoluments, i. e. monics received by Cosby for pretended services and expenditures, as for Indian pre- ments, never given - a voyage to Albany, not made, he, Cosby, being in England -overcharges of clothing, subsistence, etc., for troops.
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