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. II > Part 31
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Mr. Williams thought Chancellor Livingston's speech unworthy of notice in point of argument, but would not submit to have his own arguments misstated. He would not enter seriously into the subject, until he heard serious answers to his arguments. He ap- peared very much vexed by the Chancellor's ridicule, and power of exciting laughter.
Mr. Smith refers to the same. Perhaps the convention wants something to divert them. He compared the Chancellor's speech to a farce after a tragedy. He thought he aimed to amuse the auditors without the bar : and that he had acquitted himself most admirably.
Mr. Smith ridiculed Chancellor Livingston, and said he contra- dicts himself, and that his creed was, " I believe, that the general government is supreme, and that the state governments are su- preme, and yet they are not two supremes, but one supreme." He thought it no proof of strength of argument, when ridicule was resorted to.
The Chancellor, well pleased that his ridicule had succeeded in irritating his antagonists, pretended to apologize for it. He now charged Smith with falsifying him. He had maintained that a single league of states, could not long exist, but not that a Fede- ral government could not exist ; but ironically says, what wounds him deepest is, that his worthy kinsman, Mr. G. Livingston, should join his dagger with the rest, and force him to exclaim " thou too Brutus." If this gentleman's wrong conclusions from false premises are ridiculous, it is not my fault. When argu- ments appear to him absurd and ridiculous, he must expose them.
Mr. Lansing proposed, respecting borrowing money, the amend- ment, that no money be borrowed on the credit of the United States, without the assent of two thirds of the members of both houses present.
Mr Jones moved this amendment respecting post offices, etc.,
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" that the power of congress to establish post offices and post roads, is not to be construed to extend to the laying out, making, altering. or repairing highways in any state, without the consent of the legislature of such state."
In respect to armies, Mr. Lansing proposed, " that no standing army, or regular troops, shall be raised, or kept up, in time of peace, without the consent of two thirds of the members of both houses present." Mr. Smith moved that the militia should not be marched out of their own state, without the consent of the exe- cutive of the state, nor continued in service more than six weeks, with other restrictions. Mr. Lansing moved, to restrict the powers of con- gress to those expressly given, and other's to be reserved to the states. Mr. Smith moved against a power to grant monopolies. Mr. Tred- well would have two thirds of the members present, necessary to declaring war. Mr. Lansing, would not have the privilege of habeas corpus to be suspended more than six months, or until the next meeting of congress. Mr. Tredwell moved respecting ex-post facto laws, and that no capitation tax should ever be laid ; and the words from " time to time" be defined. On the third article, Mr. Jones and Mr. M. Smith spoke, but no debate ensued : and Mr. Jones submitted several resolves respecting the jurisdiction of courts, particularly the United States court.
On the 7th of July, the secretary read the fourth and fifth arti- cles without interruption ; but in the sixth, Mr. Lansing proposed that no treaty should operate, to alter the constitution of any state. Mr. Smith moved, that all officers of the United States, should be bound by oath or affirmation, not to infringe the rights of the individual states.
After the constitution had been gone through, Mr. Smith mor- ed, that the inhabitants of the ten miles square, to be granted to congress, shall be secured in the privileges of others ; with certain restrictions.
Mr. Lansing then read and presented a bill of rights to be pre- fixed to the constitution. No business was done until July the 10th, when Mr. Lansing divided the amendatory resolves into ex- planatory, conditional, and recommendatory. On the 11th, Mr. Jay moved, as the opinion of this committee, that the constitution under consideration, ought to be ratified by this convention : and further that the explanations ought to be called for, and amendments deemed useful, recommended.
This motion was supported by Chancellor Livingston, and Chief Justice Morris, and opposed by Mr. Smith until the 15th. when Mr. Smith moved as an amendment to Mr. Jay's motion " upon condition nevertheless," that until a convention shall be called and convened for the purpose of amendments such and such powers shall not be exercised.
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PROCEEDINGS AND DEBATES IN CONVENTION.
On the 16th, Judge Hobart, moved an adjournment, which was negatived. Mr. Duane brought in a plan of ratification with amendments. Mr. Smith's proposition was debated until the 19th, when Mr. Lansing proposed a conditional ratification with amendments. On the 23d, the word condition, was struck out, and " in full confidence" substituted, on motion of Mr. Jones.
Mr. Lansing wished the adoption of a resolution, that the state of New York, should have a right to withdraw herself from the union, after a certain number of years, unless the amendments pro- posed should be previously submitted to a general convention. This was negatived.
The committee considered the amendments, until the 25th July, when they agreed to them, rose, and reported. The convention then agreed to the report, and a circular letter was agreed to be sent to the different legislatures recommending a general conven- tion. On Saturday, July 26th, all being read, and the question put, there appeared for the affirmative, Messrs. Jay, Hobart, Hamilton, R. Livingston, Roosevelt, Duane, Harrison, Low, Scudder, Ha- vens, J. Smith, Jones, Schenck, Lawrence, Carman, Lefferts, Vandervoort, Bancker, Ryers, L. Morris, P. Livingston, Hatfield, Van Cortlandt, Crane, Sarles, Woodhull, Platt, M. Smith, G. Liv- ingston, and De Witt. 30.
For the negative, Messrs. R. Yates, Lansing, Outhout, J. Thompson, Tredwell, Cantine, Schoonmaker, Clark, J. Clinton, Wynkoop, Haring, Wisner, Wood, Swartwout, Akins, Harper, Frey, Winn, Veeder, Staring, Parker, Williams, Baker, Hopkins, Van Ness, Ray, and Adgate. 27 .*
* It is remarkable that for the adoption we see the names of so many distin- guished men, and for the contrary so very few.
It will be seen that several of the Anti-federalists voted in the affirmative when the main question was taken ; in reference to which circumstance Mr. George F. Hopkins tells me, that when a boy, in the year 1788, he heard the conversations at the time the convention was sitting, and knows that Francis Childs was the short- hand reporter, and has told him that he was absent (or lost) the most remarkable speech made on that occasion; which was by Alexander Hamilton, and produced the vote in favour of the adoption. The convention had met for the final question, and the majority was known to be for rejecting the constitution. After a time of silence he arose and addressed them for three hours, bringing forward every ar- gument and appealing to the feelings of the audience. Many even melted to tears, when he dwelt upon the miseries that must ensue, if the constitution was rejected, and disunion take place among the states. Instead of proceeding to take the yeas and nays, as was expected, Gilbert Livingston, one of the opposition, moved an adjournment, saying, " There is much weight in Mr. Hamilton's words." That night the oppositionists held a canens, and it was determined that Gilbert Livingston, M. Smith, and another, should vote for the constitution ; which they did, and made a majority of two. Mr. Hopkins remembers the admiration cansed by the speech at the time. He says, that at the door of the post-office, a group of persons attracted lris attention. and he listened. They were warm in expressions of ad- miration of Hamilton's speech. At this time, James Kent. (the venerable ex- chancellor,) who had been an anditor, came up, and exclaimed, " I could never have believed that the power of man was equal to the production of so much eloquence !"
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CONCLUSION.
Governour Clinton, the president, had no vote. The convention adjourned, without day ; and thus New York became an integral member of this great (I will not say confederacy, but) nation.
Although the Federal constitution had been adopted, and Wash- ington called to administer the government, still it was to be seen how the great experiment would work. It was yet unknown that confidence in the United States would be established at home and abroad ; that the inhuman policy of Great Britain, in stirring up the savages to desolate our frontiers and steep in blood that land she had been forced to abandon to us, would be firmly met; and the forts held and strengthened by her, in contravention of the articles of peace, for the purpose of stimulating the Indians and supplying them with the means of murder, would be wrested from her. But the new system of government proved that a representative com- monwealth was better than any other mode for the happiness of mankind, and that the arts of, a baffled monarchy only served to bring ruin on the savage nations deluded by them ; until after a war of twelve years, carried on by the red man, in whose hands Eng- land, though pretending friendship for us, put the scalping-knife and the tomahawk, the men of the wilderness found that they were only the tools of a faithless kingdom, which sacrificed them and their country to her hatred of the people who had rejected her laws and defeated her armies. In 1795, Wayne gave peace, by victory, to the frontiers, and soon the free state of Ohio exhibited a prosperity unexampled in the history of the world.
APPENDIX.
APPENDIX.
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APPENDIX A .-- Vol. 1., p. 23.
FOR the remains of Indian towns, and forts, and of forts supposed to be anteriour to the race of Red-men found by the Europeans, I refer the reader to Moulton, first part of history of the state of New York, published by John Van Ness Yates, and Joseph W. Moulton, and the memoir by the Honourable Dewitt Clinton.
On the cast bank of Seneca river, are found remnants of Indian defences. . These fortifications have been 'traced eighteen miles east of Manlius-square ; and in Oxford. Chenango county, on the east bank of Chenango, are remains of forts. One is found in the town of Onondaga, two near Auburn, and three in the vicinity of Canandaigua. In many other places, there are found cemeteries with Indian remains, and vestiges of fortifications. In the year 1815, I had an opportunity of visiting those of Pompey, Onon- daga, Canandaigua, and several others. Without military skill, and perhaps, devoid of the feelings which appear to have possessed the Reverend Mr. Kirkland, and many others, I could forin no precise notion of these works of defence. Some appeared to me remnants of Indian palisadoed villages, and some as if thrown up by the French in their excursions into what is now our state.
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Our ingenious, industrious, and learned fellow citizen, Mr. Moul- ton, has given us all the various theories and traditions on the sub- ject of the origin of the Indians known to Europeans, and of those who preceded them. The Lenape, or Delawares, told Mr. Heckewelder, that they came from the west, in very remote times, and met the Iroquois journeying likewise from the west, at the great river Naimac Sipie, or river of fish, (another derivative name for Mississippi,) where the Allegewi lived in great fortifications, or cities, with whom they contended in many battles, and finally conquered. They, the Lenape, then increased and spread to the Atlantick coasts, and the Hudson river, and the New England
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APPENDIX B.
states. The Iroquois took the country of the lakes and the St. . Lawrence, and subsequently quarreled and warred with the Dela- wares, who, as they told the story, were of course very much abused.
For the various Indian traditions, I refer to the learned author, above named, and for the conjectures of European writers on the first peopling of our continent from every nation of every part of the known world. Onondaga we know was the great council-house of the Iroquois confederacy. But we do not know that it was the spot " where men of the Malay race from the southwest, and of the 'T'artar blood form the northwest, and of the Gothick stock from the northeast, have successively contended for supremacy and rule, and which may be considered as having been possessed by each, before the French, Dutch, or English, had ever visited or known the country !" Yet, thus philosophers and historians amuse them- selves by writing and publishing, what is called history.
All that has been said, or can be said, is brought together very pleasantly in a small compass by Mr. Moulton, and he ends-no fault of his-for every speculator on the subject, as to who where, or from whence came the aborigines of America, must end with- " Who can say."
APPENDIX B .- Vol. 1., p. 29.
THE following is from an intelligent friend, educated in New England, travelled in Europe, and for a number of years, settled in the western part of New York, surrounded at the time, by the Iroquois. His decease is a loss both to his family and the com- munity. I may, without indelicacy, name the late Samuel M. Hopkins, at one time, an eminent counsellor at law in this city.
" Dear Sir .- The native Indians of this part of North America, appear to me, to be a people exceedingly remarkable-whether we look at the question of their origin ; their character and manners, or their regular, and as it seems necessary tendency to final ex- tinction. Before this last event shall arrive, I have often felt anx- ious, that some Tacitus should snatch from the winds the Sybil-leaf which contains the delineation of their exceedingly peculiar cha- racter, and hand it down for the wonder of ages, that shall pass after the enquirer is gone. But in truth, it is equally wanted by the present age, and even by men of information, who live almost among them-for I think that the greater part of our own country-
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APPENDIX B.
men, have little other idea of Indians than Europeans, who seem to conceive of them, merely as wild, ferocious-and unsocial, like beasts of prey.
In person, it appears to me, that our Indians are above the size of European nations-thin limbs, both neat and muscular. In countenance, course, rough, and huge, so that few of the women even in youth, possess beauty, and in age, are very ugly.
Their capacities of mind, place them in my judgment, among the most bright and intelligent of all the varieties of the race of man -Yet, here lies their peculiarity which strikes my mind so forceably, and which I shall be too feeble and imperfect in attempting to describe.
First of all comes their untamcable character, as I call it-and yet, it would cost me sheets to explain to a foreigner, in what sense, and how untamcable-for they always live in towns-no people on earth are so peaceable among themselves-all our experience on the northern frontier, shews them to be good and kind neighbours when treated justly-and they shew the utmost aptitude for acquir- ing arts, letters and sciences, whenever they choose to apply to it -- I never heard of family broils-parties of any kind, nor domestick quarrels, except when excited by ardent spirits-or by the inter- ference of white people.
Then how or why untamcable ? They seem invincibly attached to the hunter state, and to a community of goods, (lands) or more truly, to have no property at all except the utensils and stock of each family, and the gun, etc., of each hunter ; this, however, as to property has some exceptions.
But to the position that they nerer sit down in the regular pur- suit of property, or comfort in agricultural or civick life-that they nerer adopt the manners and pursuits of white people permanently -never live intermixed among us in any manner ; to this as far as I learn, there has never been in the 200 years of our national history one single exception.
It is 200 years since our ancestors began to study their language and reduce it to writing and grammar; to teach them ours; build colleges to educate their children ; caress, bribe, flatter, and make them scholars, and in some instances I believe sincere christians. The boys learned Latin, Greek and Mathematicks, and often were the best scholars in forms and classes, by which they were caressed and beloved. Their taste was fine, and their manners polished ; but some went immediately back to their tribe and hunted-some preached Christianity many years, and then became drunkards. Some (say Skenando of Oneida) lived and died Christians, but with Indian manners. I have never heard of one who lived and died, reared and left, a family and property in the manner of white
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APPENDIX B.
people. They fly the face of civilized society and domestick ha- bits, and yet to a great extent have a civilization of their own.
I could answer all arguments about their depressed condition and much such stuff. They are not depressed. Their chiefs go to Albany and Washington and dine with governours and presidents.
How wonderfully different the African-dull, sensual, tame, beyond all the tribes of men ; so that you can hardly drive him out of the town, nor even make him hunt, or go into the woods at all, unless you drag him there as a slave.
The Indian tamed is like a fox tamed, and not more like us than that fox is like a dog.
Perhaps their oratory is the only trait of their character well understood by the publick. I fully accede to all that is said of it, though I never heard their speakers on any great occasion. I knew Red Jacket well ; I place him in point of native talents (and powers as I believe to persuade, delight or astonish) on a level with the greatest speakers of the age, in England, Ireland or `America. A friend of mine, a man of genius, who had well studied the Ancients and Moderns, and who heard one of Red Jacket's greatest efforts, declared to me that the dignity, grace, and power of the man, gave an idea which he could never other- wise have had, of what Demosthenes must have been.
But the publick do not know that these speeches are studied and prepared with the utmost care-that they are delivered in a highly cultivated dialect, or kind of court (council) language, which the common people can scarcely, if at all, understand ; and that the ear of a council of chiefs is as nicely tuned to all the harmonies of language, as that of the Athenian populace was. To aid this harmony, their flexible language submits (euphoniae gratia) to every imaginable contortion, so that even one word shall be divided in two, and receive another entire word between its parts to aid the harmony or force of a sentence.
If I am right in the assertion, with what amazement will you learn that they have no poetry : I mean, no metrical poetry. At least, I never could hear of any thing of the kind. Equally astonishing- no musick-for though I have heard them when half drunk muttering some lugubrious sounds with the voice, and have seen and heard a flute with three or four notes, on no scale or proportion, and ma- king no melody whatever; yet I conceive these are merely imita- tions of what they have seen among us, and not their own ancient traditionary attainments.
From my infancy I heard of Indian wit. I have not heard much in this country, except a few fine repartees, in the serious style, by some of the great men. But in my boyhood, every tale of other times in New England was fraught with instances of retorts said to be made by squaws and Indians of the common sort-of which I
APPENDIX B.
can only say, that if our fathers made them for the Indians, then they made better speakers for them than for themselves. I could now repeat some, (too long to explain intelligibly) the exquisite felicity and keenness of which, equal any thing which we have re- corded of the Greeks-yet the style is widely different-the flavour as different as Burgundy and Champaigne.
Their manners are Asiatic-(I speak of the men of rank)- sedate, calm, deliberate, grave-a strict attention to these things, which not even the approach of danger (except in battle, when they become animated with rage and fierceness) can ever disturb.
They look with supreme contempt on our quick walk and ges- tures, rapid talking, laughing, and trifling airs. Nothing can be more decorous than their councils. Take another example, well known : they express surprize at nothing-not even at things which to them must be most astonishing. Those who never saw a city, will walk through New York or London, and neither gaze nor even look at any thing. The common Indians would gaze and wonder at many articles of my furniture, when I came here, but the chiefs would appear to see nothing, nor would have so much the air of gazing as the most polished Englishman or Frenchman.
This is the effect of much inculcation, and would lead me to speak of the subject of their Education-a topick which would sur- prize your readers, if you could collect a full statement. I mean too, the moral not the physical part of their education-for equally will you be astonished to know that it is to that more than to the physical, that I think they attend. I know a good deal of this, from conversation with some of their chiefs, through interpreters. They have detailed to me the advice they gave to their children-in which there was a great deal of good sense and real wisdom. I once saw the young men of two towns about to enter upon a very masculine and somewhat dangerous game of ball, where some rougher sport might be expected, and therefore danger of sudden quarrels, (a more elegant game-fit rival for any drawings I have seen of the Grecian-and which, perhaps, I may try to describe to you bere- after) when the old chief addressed them, I think, more than an hour, to inspire them with good temper, fortitude, forbearance, etc. The effect was most admirable ; for when they entered in the game a young man was soon disabled by a blow from his antagonist's racket ; but the smile with which he answered that the hurt was trifling, and the perfect fairness with which his antagonist stopped the pursuit, (so the rules were) inspired me with the highest idea of the power with which they are taught to controul themselves.
They have distinct, well defined notions of good manners-more truly just than ours. These are inculcated with great care; and they justly remark it, when our freedom of manners allow of real
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APPENDIX C.
impoliteness-for example, several talking at once, or one inter- rupting another-which they bold to be unpardonable.
Speaking of the want of musick, I ought to have mentioned what fine voices, and consequently ears, they have, wherever they have been formed into religious societies, and taught musick : their voices, especially of the wonien, have been admired as not merely fine, but remarkably so.
APPENDIX C .- Vol. I., p. 30.
THE Hudson River has its source in 440 5' N. Lat., and runs winding an east course one hundred miles to Sandy Hill, receiving on the way, Schroon and Sacandaga Rivers. Its course is from Sandy Hill to New York Harbour, south; and may be thus divided : from Sandy Hill to Albany, 50 miles-thence to New York, 143. If we measure the junction of the great river with the ocean at the Narrows, it makes eight miles more, and a total, from its source, of 301 miles.
Hudson commenced his voyage up the North River on the 13th of September, 1609, and went that day as far as Yonkers. The next day, passing through Tappan and Haverstraw (oat straw) Bays, he arrived between Stony and Verplanck's Points, " a strait between two points which trended N.E. by N. one league :" he saw " very high lands," and proceeding, anchored off West Point. The ma- riner has expressed some of his feelings, as he went forward, and we may imagine more. Passing the Highlands, he anchored for the third night, in the bay beyond. Fifty miles on the fourth day, brought him to Catskill Landing. He had seen the mountains, on his way. September 16th, brought him between Albany and Hud- son City. The sixth day carried him six leagues higher, frequently grounding, and anchioring for the night among shallows. There- fore Moulton, whom I follow, supposed the Half-moon to have gone up as high as Castleton-that island where subsequently the Dutch built their first fort or trading house, in the neighbourhood of Albany.
During the 17th and 1Sth of September, Hudson had continued friendly intercourse with the natives, and on the 19th, Mr. Moulton supposes the Half-moon proceeded as high as Albany. For four days he continued his friendly intercourse with the Indians and an examination of the river. Here the skipper made the natives drunk, by giving them ardent spirits. Whether this, or the drunken scene on Manhattan Island, described by Heckewelder, was the com-
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