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 42
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1750 The House of Assembly, of September, 1750, agreed better with the avowed views of Governour Clinton. Many acts were passed salutary to the province. The officers of the go- vernment were provided for in the ensuing year, and a digest of the laws of the colony authorised.
. 1752 Mr. Smith was raised to the council, and under his gui- dance, and that of Mr. Alexander, the governour and coun- cil moved in unison. Mr. Johnson was also raised to be a member of
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368
SIR DANVERS OSBORNE, GOVERNOUR.
the king's council, and appointed to conduct a congress with the Iroquois and to distribute presents among them : a wise way to give him additional influence with that people.
1753 Clinton, having amassed a fortune, retired from the go- vernment of New York to that of Greenwich Hospital, a sinecure ; and, at his recommendation, Sir Danvers Osborne was sent to supply the vacancy. James De Lancey was appointed lieutenant-governour, and Morris transfered to the gubernatorial chair of Pennsylvania.
Mr. Clinton had not left the country when Sir Danvers Osborne arrived on the 7th of September, 1753, but he was at his residence in Flushing. As the governour was not at the new house in the fort, Sir Dauvers went to Mr. Murray's house, who was one of the council. Next day Mr. Clinton came from Flushing, and having made Mr. De Lancey lieutenant-governour, he resigned the go- vernment to Sir Danvers Osborne. But while all the people were rejoicing, the new governour was melancholy. He arrived, na 1 observed, on the 7th, and in the morning of the 12th, was found dead, suspended by a handkerchief to the fence of Mr. Murray's garden. It was afterward known that he had been deranged before he left England.
This unfortunate gentleman had lost his wife, and had been, from the time of her death, very much depressed in spirit. His friends had hoped that by sending him to New York, the change of scene, and employment, would have cured him of the evident mental dis- case under which he laboured ; but, on his arrival, he found that if he obeyed the instructions of the English ministry, he should be as odious to the people as his predecessor ; the nature of his mal- ady made the difficulties of his situation appear insurmountable- madness ensued, and he became a self-murderer. Mr. De Lancey, who had been chief justice, being now lieutenant-governour, was the head of the government until England sent out another ruler, in Sir Charles Hardy, who was by profession a sailor, knew nothing of the country he was sent to govern, and was guided by Mr. De Lancey during his stay in the colony, which was about two years, when he hoisted his flag as admiral, and left the province entirely to De Lancey.
Sir Danvers could not but observe that amidst the shouts and huzzas of the people who welcomed him, were mingled execrations and insults thrown upon his predecessor; and he knew that he came charged by the court of Great Britain with instructions even more tyrannical than the conduct which called forth those execra- tions upon Clinton. He learned from the conversation of those who received and feasted him, that he was ordered to pursue mea- ' sures eminently displeasing to the colony, and his morbidly sensitive mind saw nothing before him but misery.
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HIS INSTRUCTIONS.
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The 39th article of the instructions to the governour recited that great disputes had subsisted between the several branches of the legislature, the peace of the province had been disturbed, government subverted, justice obstructed, and the prerogative trampled upon ; that the assembly had refused to comply with the commission and instructions respecting money raised for the supply and support of government, had assumed the disposal of publick money, the no- mination of officers, and the direction of the militia and other troops; that some of the council, contrary to their duty, allegiance, and trust, had concurred with them in these unwarrantable measures ; and, therefore, it enjoined the commander-in-chief to endeavour to quiet the minds of the people, to call the council and assembly together, and in the strongest and most solemn manner to declare the king's high displeasure at their neglect and contempt, to exact due obedience, to recede from all encroachments, to demean theinseves peaceably, to consider without delay of a proper law for a perma- nent revenue, solid, indefinite, and without limitation, giving sala- ries to all governours, judges, justices, and other necessary officers and ministers of government, for erecting and repairing fortifica- tions, annual presents to the Indians, and the expenses attending them ; and, in general, for all such other charges of government, as may be fixed, or ascertained. It then permits temporary laws for temporary services, expiring when these shall cease ; but such laws, also, are to be consistent with the prerogative royal, the com- mission, and instructions. It also directs, that all money raised for the supply and support of the government, or for temporary emergencies, be applied to the services for which it was raised, no otherwise than by the governour's warrant, with the advice and consent of the council, not allowing the assembly to examine any accounts : and afterwards it commands, that if any counsellor, or other crown officer in place of trust or profit, shall assent, advise, or con- cur, with the assembly, for lessening the prerogative, or raising or dis- posing money in any other method, the governour shall suspend the offender and report it to the board of trade. By the 47th, the governour was prohibited from assenting to a law whereby any gift was made to him by the assembly, in any other manner thau above mentioned ; the 4Sth allowed him to take a salary of twelve hundred pounds sterling per annum ; the 49th, to receive a further sum, pro- vided it be settled on himself and his successors, or during the whole of his adiministration, and that within a year after his arrival ; the 50th required the three last to be communicated to the assembly at the first meeting of the assembly, after Sir Danvers Osborne's*
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* The circumstances attending the unhappy fate of this unfortunate gentleman, will be found, as given by Chief Justice Smith, in the Appendix to this volume. VOL. I. 47
370
WAR WITH FRANCE.
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arrival, and to be entered in the registers both of the council and assembly.
1754 Notwithstanding the treaty of Aix-la-Chapelle, the French still continued their aggressions and encroachments upon - the American Colonies. That treaty was little better than a hol- low truce. Hostilities had been, and were now, actively carried on by both Great Britain and France, although there was no solemn declaration of war until two years afterward. Consequently, on the 14th June, 1754, a congress of deputies from certain of the provinces was held at Albany, to devise a union for defence. It is said that the Iroquois were dissatisfied, in consequence of " neglect lately experienced from the agents of the Province of New York."* One great object of the congress was to gain their friendship or secure it-they being the barrier of defence between the English and French colonies.
The instructions given to the commissioners of two out of the five colonies that sent deputies to this congress, viz. Massachusetts and Maryland, were to enter into articles of union and confedera- tion with the other governments for the general interest, as well in peace as war. One hundred and fifty of the Iroquois attended, and their attachment was strengthened by presents and speeches. It was determined to build forts and vessels on the lakes. It was agreed, that all purchases of lands made of the Iroquois, unless when assembled in their publick councils, or when made by the governments within whose jurisdiction the lands lie, should be made void ; and that patentees of large unsettled territories should be obliged to settle them in a reasonable time. Redress was to be afforded to the Iroquois for all fraudulent conveyances of their lands. It was agreed, that the bounds of those colonies which extended to the south sea should be contracted to the Alleghany and Apala- chiun mountains ; and that there should be an union of the colo- nies, so that their strength might be exerted in due proportions against the common enemy. Application was to be made for an act of parliament, to sanction one general government, including Massachusetts, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Caro- lina, and South Carolina-each to retain its present constitution, except as directed in the second article, which was to be as follows : That this general government be administered by a President -. general and Council, to be appointed by the crown ; and a grand council, or house of representatives, elected by the people of the colonies, met in their assemblies. The proportion of members for this grand council, was to be: Massachusetts, 7 ; New Hamp-
. See Miant.
371
PROPOSED UNION OF THE COLONIES.
shire, 2 ; Connecticut, 5; Rhode Island, 2; New York, 4; New Jersey, 3 ; Pennsylvania, 6 ; Maryland, 4 ; Virginia, 7; North Carolina, 4 ; South Carolina, 4 : to meet, at first, in Philadelphia. Other regulations specified the meeting to be once a year; but to be called together on emergencies, etc. The pay of members was to be 103. sterling, per day, and travelling expenses. Rules were adopted for Indian purchases. New settlements were to be governed by laws made by this general government, till the crown formed them into separate governments. They were to raise soldiers, build forts, make laws, lay duties ; and other objects were provided for.
We certainly see here the germ of the present constitution of the United States. Great Britain, or its ministers, feared this union : they preferred advancing money to secure their American dominions, which was to be repaid by the colonies. England rejected the plan ; and the colonial governments also rejected it, for fear of too great power being given to the crown.
The members for this great council were to be in the proportion before enumerated. How the relative strength and consequence of these districts have changed !
The plan of union was the production of Franklin ; but was sub- mitted to, and approved of, by a committee, composed of-Hutchin- son, of Massachusetts ; Atkinson, of New Hampshire ; Hopkins, of Rhode Island; Pitkin, of Connecticut; Smith, of New York ; Tasker, of Maryland; and the original contriver, Franklin, of Pennsylvania. It is remarkable, that this plan of confederation was signed on the 4th of July, and that, on the same day, Washington surrendered to the French and Indians.
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372
DE LANCEY, LIEUTENANT-GOVERNOUR.
CHAPTER XXIII.
The Congress of 1754-Progress of the French-Debasement of Provincials, by the English government and by British officers-Affairs at Oswego, and other parts of Lake Ontario -Expedition of General William Johnson against Crown Point-Hendrick-General Lyman-Fort Edward-Johnson arrives at Lake George-Lyman, leaving a garrison at Fort Edward, joins him-Baron Dieskau-Defeat of Williams- Attack upon the Provincials-Johnson wounded-Lyman com- mands-Dieskau wounded, and his troops defeated-Affair of Mc Ginness-Campaign of 1755-Lord Loudon-M. Montcalm takes Oswego, and Fort William Henry.
AT the great congress of 1754, Lieutenant-governour James De Lancey presided, and was the only person who opposed the plan for the union of the colonies which. Benjamin Franklin devised. Though adopted, the scheme was never carried into effect.
It has been justly remarked, that this great plan of government for the colonies was rejected by England, as favouring the people too much; and by the colonial legislatures, as giving too great power to the crown. Americans have thought that Franklin would have been handed down to posterity as an enemy to the liberties of his country, instead of an active friend, if this project had suc- ceeded; but it is more probable that he saw in this union of American power and interests, the germ of future independence. James De Lancey might have seen it in the same light, and there- fore opposed it. It must not be forgotten, that Franklin's scheme was adopted by this congress of 1754, on the 4th of July.
During the two years that Mr. De Lancey had the sole govern- ance of New York, he had the confidence of the assembly, and preserved harmony in the province. Many and heavy were the charges made against the late Governour Clinton ; but they were dis- regarded by the board of trade. The assembly accused him of being interested in privateers-of having hired out the royal cannon-of withdrawing troops from the frontiers for his private emolument- of embezzling the money raised for the Iroquois, and thereby caus- ing their disaffection-of demanding money for troops which did not exist-of granting tracts of land for his own emolument, and
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373
PROGRESS OF THE FRENCH.
securing large districts for himself, under feigned names-and of selling offices, both civil and military.
1755 In the meantime, the French carried on their plans of subjecting the western country to their government, by a. line of fortifications from the Mississippi to Canada. They erected forts on the Ohio, explored the country, and buried metal plates, with inscriptions declaratory of their claims. That they gained the affections of the natives of the west, by flatteries and presents, we know; and their power over these Indians was as complete as their habits would allow. Even the Onondagas, Senecas, and Cayugas, were, in a great measure, detached from the English.
Governour Spotteswode having penetrated the Apalachian mountains, and Virginia having pushed her settlements to the Ohio, while France persisted in the erection of a chain of forts from Canada to Louisiana, the collision called forth the military talents of Washington. The hostilities of 1753, in this quarter, are well known. They produced the convention at Albany, in 1754, and finally, the war between England and France, in 1755.
"The ministry," says Belknap, " were determined to employ their own troops to fight their battles in America, rather than let the colonists feel their own strength, and be directed by their own councils. Some aid was to be exacted from them ; but the weight of the enterprize, and honour of the victory, were to belong to British troops, commanded by British officers." These officers treated the provincials with undisguised insolence and contempt ; and the provincials retrieved their errours, and, as much as possible, saved them from disasters.
In the Gates Papers, in the library of the N. Y. Hist. Society, is a letter from Jas. Abercrombie, to Horatio Gates, both officers in the king's troops or regular soldiers, wherein Abercrombie says, the pro- vincials are averse to " a junction with the king's troops," and adds, " since they are unwilling to take our assistance, I would even let them try it themselves ; but have regulars at hand, to secure the fools in case they should be repulsed." In the same precious collection of sentiments and facts, is a letter from another brother officer, to Gates, in which are these words, " I send you a copy of Mr. Hughes's impudent letter, by which you may judge to what degree of insolence the rabble of this country will raise, if they are not brought down from home. This fellow was a baker lately, then a waggoner, and now, as an assemblyman, he thinks himself entitled to write to me in this style. Such letters should be answered with a stick, if the necessity of the service did not tie our hands.".
General Braddock was sent from Ireland, and arrived for the protection of Virginia. He called a convention of Provincial governours at Annapolis, in Maryland. Here it was determined
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874
AFFAIRS AT OSWEGO.
that the British general should march against Fort Duquesne- Governour Shirley, with the American troops, against Niagara- and the militia of the northern colonies, against Crown Point. As if to increase the disgust which the insolence of the English officers occasioned and kept alive in the breasts of the Americans, the British parliament passed an act, declaring that all troops raised by the colonial governments, whenever acting in conjunction with British soldiers, should be governed by English martial law ; and it had already been determined, that all officers commissioned by his majesty, or his commander-in-chief, should take precedence of those commissioned by the provinces ; and that the generals and field officers of the provincial troops should have no rank, when serving with the generals and field officers commissioned by the crown.
While preparations were making to carry into effect the plans of the convention of Annapolis, Nova Scotia was reduced by the New England forces, commanded by Winslow, and some English troops, under Monckton, then a colonel, but, as a British officer, assuming the command of the expedition. Of the unmerited sufferings of the French inhabitants, in consequence of this conquest, I refrain from speaking; neither is it in my province to detail the errours, misfortunes, and defeat of Braddock. While Winslow and his provincials conquered Nova Scotia, Braddock and his disciplined English veterans failed at Pittsburg ; and the remnant of this proud army owed their safety to the despised Washington and his Vir- ginians. Franklin says, " this whole transaction gave us, Ameri- cans, the first suspicion that our exalted ideas of the prowess of British regular troops had not been well founded." The death of Braddock placed Shirley at the head of the British forces in Ame- rica ; for he had received a major-general's commission from the king. The troops destined against Niagara and Crown Point were assembled at Albany. Shirley marched, with the forces of New England, New York, and New Jersey, together with some Iroquois; and, on his way to Oswego, received the tidings of Braddock's defeat, which produced such an effect, that his Indians, his boat- men, and many of his soldiers, deserted.
Previous to this, the French had made preparations for subdu- ing the garrison of Oswego, by passing their troops in batteaux up the lake, on which the English had no vessels of force. On the 7th of June, however, 320 ship carpenters arrived at Oswego, and on the 2Sth, the first armed schooner was launched on Lake Onta- rio. This vessel was forty feet keel, had fourteen oars, and mounted twelve swivels. The French force was on the opposite side of Onondaga river, but had no means of throwing shells into the Eng- lish fort of Oswego, or even cannon which could annoy Colonel Bradstreet, or his garrison.
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375
EXPEDITION AGAINST CROWN POINT.
It was on the 9th of July, Braddock fell; and on the 20th, Colo- nel Schuyler's New Jersey regiment arrived at Oswego. Shirley arrived on the 17th of August. The French having retired, the English took possession of both sides of the river Onondaga : and, in September, had a fleet on the lake of four schooners and sloops, mounting sixteen cannon of four pounds, and forty-eight swivels. But the French at Fort Frontignac, below, had a squadron of supe- riour force, and it was supposed the defeat of Baron Dieskau, at Lake Sacrement, or George, alone saved Oswego, and prevented many other evils. Shirley proceeded no further than Oswego.
Sickness assisted to weaken and disperse his troops ; heavy rains set in ; and the general, leaving a garrison of seven hundred men at Oswego, with orders to build two more forts, returned discom- fitted, without seeing an enemy, to Albany.
Mr. William Johnson, who, as we have seen, had emigrated to America, and settled in the vicinity of the Indians of New York, had, by liis appointment as Indian agent, risen to wealth and influ- ence, so great as to be one of the king's council for the province. This gentleman was appointed by Shirley to command the expedi- tion against Crown Point. The army consisted of 6,000 men, supplied by New England and New York. . Johnson is described as a man of great bodily strength, coarse, but vigorous mind, and enter- prizing temper. By long residence near the Mohawk River, and adapting himself to Indian manners, he had acquired great ascen- dancy over the Iroquois ; and Hendrick, the famous chief, now accompanied him, with 300 warriours.,
Gen. Lyman, second in command, had advanced to the carrying place, between the Hudson River and Lake George, and there had thrown up fortifications, known afterward as Fort Edward. He had left two hundred and fifty New England troops and five com- panies from New York at this place, and then joined Gen. Johnson. The remains of this stronghold are still visible. Johnson learning that the French were erecting a fort at Ticonderoga, on the isth- mus between the north end of Lake George and Lake Champlain, determined to attack them while their fortifications were incomplete. This intention was suddenly dismissed, by learning that Baron Dieskau, who had recently arrived in Canada with reinforcements, was advancing with an invading army upon New York. Johnson despatched messengers with this intelligence to the provincial rulers, with requests for aid : but the affair was over before the reinforce- ments arrived.
Johnson was reduced to act on the defensive at Lake George ; Dieskau, finding the inferiority of his enemy at the carrying place, advanced with the hope of seizing Fort I'dward, and falling upon Albany ; but his Canadians and Indians turned his course. The camp at the south end of Lake George having been fortified, in
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376
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DIESKAU'S EXPEDITION AGAINST FORT EDWARD.
haste, by Johnson, he rashly pushed forward a detachment under Col. Ephraim Williams, accompanied by Hendrick.
This Hendrick was an Indian sachem, of the Mohawk tribe, . well known, previous to the time at which we have arrived, as the great Hendrick. He was firm in his attachment to the English, and excelled among the Iroquois any other chief, both in the coun- cil and the field. He had the appearance of a man born to com- mand, and his eloquence and courage were conspicuous among the chief of a people famed for these qualities. Col. William Stone, the biographer of Joseph Brant, says, that his hero accompanied Hendrick in this expedition.
Baron Dieskau had a force of two thousand men, of whom only eight hundred were disciplined grenadiers, the rest Canadians and Indians. Having proceeded up Lake Champlain to Southbay, in the present township of Whitehall, he there landed, with a view of attacking the unfinished works of Fort Edward ; but his motly auxiliaries, terrified at the idea of fortifications and cannon, refused to advance ; at the same time, professing their willingness to march against Johnson, at the head of Lake George, who, as they had in- telligence, was destitute of artillery.
The French commander was obliged to give up his first plan, and turned his whole force towards Johnson ; who, in the dark respecting the movements of the enemy, detached twelve hundred men to the carrying place, as above mentioned, or Fort Edward. This body was commanded by Col. Ephraim Williams, a native of Newtown, Massachusetts .*
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" He commanded a line of forts, in 1740, on the western side of Connecticut River, and resided at Hoosick, near the river of that name. In 1755, he commanded a regiment ; and in passing through Albany. on his way to Lake George, he (on the 22nd of July ) made his will ; wherein, after certiin legacies, he directed his es- tate to be sold within five years from the establishment of a peace, and the interest of the proceeds applied to the establishment of a free school. After an accumula- tion of thirty year's interest, from the time of his death, a free school was established and incorporated, and the place called Williamstown. By the patriotick nursing of other good men, this free school thrived and grew to be Williams's College, a flour- ishing institution, surrounded by a town likewise commemorative of the name of this liberal minded man, who, marching at the head of a regiment of his country- men, for the protection of a present population, looked forward to the prosperity of future generations, by the increase of the means of education and propagation of truth. He, and many of his neighbours who followed him, were sacrificed by the blunders of a man, who blundered into fame and the title of Sir William. without any portion of that elevated character which belongs to the founder of Williams- town and Williams's College. But Col. Williams has left a name which, in this country, will be imperishable, and a monuunent more glorious than was ever sculp- tured for a conqueror of nations; and even his remains-his bones-have been for a short time redeemed from the obscurity and uncertainty which attends the places of interment of many of our patriots; and the skull, perforated by a musket ball- with some other corroborating circumstances-identified, in the opinion of another patriot, all that remains of the body of Ephraim Williams.
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