USA > New York > History of the Seventh Regiment of New York, 1806-1889 > Part 3
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The important, decisive, and patriotic action of the militia of New York at this eventful period, and the remarkable career of Leisler, their brave and able leader, are favorite subjects of the American historian. As acting Governor of the province and the people's choice, Captain Leisler for nearly two years faithfully maintained the authority of the Prince of Orange, and patiently awaited the approval of his acts and the favorable recognition of his valuable services by the English sovereigns. The reward of his devotion was arrest and imprisonment by the Governor, Colonel Henry Sloughter, who arrived in New York in March, 1691; a hasty trial by a court comprised of his most bitter enemies ; convic- tion for treason, and condemnation to immediate death. On the 17th of May, Leisler, the defender of civil and religious liberty, bravely died.
On the 6th of May, 1691, the Assembly of the Province of New York passed an act entitled "An Act for settling the Militia," which is the first militia law upon the statute-books of New York. This act was published by William Bradford in 1694, in the first book ever published in the city of New York, and read as follows :
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INTRODUCTORY CHAPTER.
1691
Whereas, the present State and Condition of the Province doth of necessity require that the Inhabitants thereof should be well armed and trained up in the Art Military as well as for the Honour and Service of their most excellent Majes- ties, as the preservation of their own Lives and Fortunes, Be it Enacted and Or- dained by the Governor and Council and Representatives convened in General Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That no Person whatsoever from Fifteen to Sixty Years of Age remain unlisted by themselves, or Masters, Mistresses, or Imployers, under the Captains in their respective places of abode, in Foot or Horse, the space of one Kalender Moneth after their arrival or coming to reside or sojourn in any place within this Province on Penalty of Twenty Shillings, and so for every Moneth such person shall remain unenlisted. And that every Foot Soldier be provided with a well fixed Musquet or Fusee, or, if the Officer so appoint, with a good Pike, or Sword, or Lance and Pistol ; each Musqueteer six charges of Powder and one Cartouch-Box, and so shall appear where and when appointed, upon Penalty of five Shillings for want of each charge of Powder, Gun, Pike, Sword, Pistol, or Cartouch-Box, so as the whole Penalty at any one time exceed not ten Shillings.
And whereas at the City of New York Guards and Watchers are every night set and appointed, Be it therefore Enacted and Ordained by the Authority afore- said, That it shall and may be lawful for any person or persons listed in the Regiment of the City and County of New York (except on Extraordinary Occa- sions) to put a well-Armed Man in their Room, who, if approved by the Captain of the Guard, shall excuse his or their absence. Provided always, That the Com- missioned Officers and Serjants of the respective Companies be obliged in their respective Turns to mount the Guard in their proper Persons. And that no Per- son shall refuse to be a Serjant, Corporal, or Drummer in the Company wherein he is listed, under the penalty of Forty Shillings.
And be it further Enacted and Ordained by the Authority aforesaid, That all Captains of Companies of Foot or Troops of Horse, shall within Twelve Moneths from and after the publication of this Act, provide for their Companies and Troops, Drums, and Colours, Trumpets, Trumpeters, and Banners, at the proper Charge of the respective Officers, Troops, and Companies under the Penalty of ten Pounds, and so for every four months such Commanders shall remain unpro- vided. And that all the Collonels of the respective Regiments, or next chief Officer in their absence, shall once every Year at least issue the Warrants to their inferior Officers, commanding them To make diligent search and inquiry in their several Precincts, that all be duely Listed, Armed, and Equipped; And so return to them such defects as shall be found, to the End the same may be reformed on penalty of Twenty Pounds. And that once every three Moneths, or oftener as Occasion shall require, and command be given by the Captain-General or Com- mander-in-Chief, the several companies and Troops in each Regiment shall meet at the next and most convenient places to be appointed by the respective Officers to be then and there by them mustered and exercised.
The other sections of this militia law provided for the organiz- ing, arming, and governing of companies of horse : that no person enlisted in a company of militia shall depart thence without dis- . charge; that officers and soldiers in arms shall observe the laws and
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HISTORY OF THE SEVENTH REGIMENT.
1691
articles of war established by the Captain-General, which shall be read to the soldiers every three months ; that muster-rolls shall be furnished to the Captain-General once a year; that officers and sol- diers who neglect or refuse to obey the commands of their superior officers shall be tried by a court-martial appointed by the Captain- General ; that the fines levied by court-martial and collected from any one beneath the rank of captain shall be paid to the respective captains to defray the expenses of the companies ; that in case the fines are not paid they " shall be levied by Distress and Sail of the Offenders Goods, by the Captains Warrants to the Serjant or Cor- poral ; and if no Distress be found the Punishment to be by riding the Wooden Horse, or being tyed Neck and Heels, not exceeding one Hour, at the Discretion of the Officers." It was also provided that if the fines thus raised did not pay the expenses of a company, the deficiency should be levied equally upon the members; and that persons wounded or disabled in the military service should be cared for or maintained from the public funds. The salary of trumpeters in the militia was fixed at forty shillings per annum, and of drummers at twenty shillings. The last section of the act exempted from service in the militia "all the Members of their Majestie's Council, Justices of the Peace, Sherriffs, Coroners, and all the officers of Courts, Ministers, School-Masters, Physicians, and Chirurgeons."
The militia act of 1691 was not materially changed or amended by the Colonial Assembly previous to the American Revolution, and it is remarkable that so many of its general provisions are re- tained in the Military Code of the present day. But the operations of this law were limited in duration, and it was necessary for the Provincial Assembly to re-enact it from time to time, with such amendments and additions as the growth of the country or the exi- gencies of the period demanded. So jealous of their rights and liberties were the colonists that the English governors rarely pre- vailed upon the Assembly to extend the operations of the militia law for more than one year. And it sometimes occurred that the Assembly was so obstinate and incorrigible, so liberty-loving and defiant, that no militia law whatsoever was enacted, and it was sometimes asserted boldly that the English sovereigns had no claim upon the people of New York for any military service whatso- ever.
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INTRODUCTORY CHAPTER.
1693
During the entire period of the English administration in New York the militia of the city was limited to one regiment, which was known as "the Regiment of Militia of the City and County of New York." But independent companies of militia were organized from time to time, which, under the patronage of men of rank or wealth, achieved temporary distinction. In 1693 the Regiment of New York was commanded by Colonel Abram De Peyster, and was officially reported by Governor Fletcher to consist of " Eight Companys of Foot and one Troop of Horse numbering 477 men." The advantage of active membership in the train-bands of the militia at this period, and subsequently, was relief from labor upon fortifications in time of peril from foreign foes, and after the year 1697 the organized militia was also relieved from the night-watch.
In the war with the French and Indians during the century preceding the American Revolution, the Regiment of Militia of the City of New York was not actively engaged. The great distance to the scenes of conflict on the frontier, and the constant danger to the city from French men-of-war and privateers were ample reasons for retaining the regiment at home. Moreover, the citizen soldiers of New York stoutly and justly claimed that their military duties were local; that the English governors had no right to order them to distant parts of the province, and that the Government should send regular soldiers or volunteers upon its expeditions, offensive or defensive. Love of adventure and offers of bounty generally enabled the English governors to raise the troops required for dis -. tant service. The first and last occasion that the regiment of New York city volunteered during the English colonial period for distant service was in 1693. On the 12th day of February an express ar- rived from Albany with the alarming intelligence that the French and Indians were within twenty miles of Schenectady and were devastating the country.
Feb. 12. The Colonel of the Militia of the City of New York was ordered by His Excellency to draw out his Regiment next morning.
Feb. 13. About 8 o'clock, morning, the City Regiment being under arms, His Excellency on horseback at the head of the regiment demanded who were willing to follow him to the frontiers against the Enemy; they unanimously threw up their hatts crying-one and all. Upon which the Coll: was ordered to detach 150 of the fittest men to be under the command of three Captains with their subal- tern officers readey at the first beat of the drum and dismisse the Regiment.
Feb. 14. The detachment of the City Regiment did imbarq about 4 o'clock,
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HISTORY OF THE SEVENTH REGIMENT.
1701
afternoon, in Eight sloops, with His Excellency, attended with the officers of the detachment & severall volunteers.
The campaign was a bloodless one, and after ten days' absence the detachment returned to New York.
Governors Sloughter and Fletcher had as far as possible offi- cered the city regiment with the enemies of Leisler, but Lord Bellamont, the successor of Fletcher, warmly espoused the cause of the Leislerians. He made many changes among the officers of the regiment, and in a dispatch to the Lords of Trade, May 3, 1699, said :
As an instance of the peoples aversion of their late officers, I had the City Regiment drawn out on the 4th of November last, the King's birthday; the regi- ment on that day consisted but of 200 men besides officers, and on the 13th of last February, the Anniversary of the King's being proclaimed King, I had the Regiment drawn out under the new officers, and they were then 500 men. I also had 'em out on the 11th day of April, the day of his Majesty's Coronation. The Officers I treat at my own charge, but the soldiers at the King's. I think it a usefull piece of ceremony, because it helps to affect the people to the King, and puts 'em in mind of their duty to him.
The city regiment in 1700 consisted of eight companies of foot and a troop of horse, and numbered six hundred and eighty-five men. Its officers, appointed by Lord Bellamont, were men of high character in the community. Captain John De Peyster was mayor of the city in 1698, Captain David Provoost in 1699, Captain Isaac De Reimer in 1700, and Captain Robert Walters from 1720 to 1725. The colonel, Abram De Peyster, and lieutenant-colonel, William Merritt, had also held that high office, and nearly all the subalterns were men of wealth and influence. But so violent was party spirit at this period that, among the charges preferred against Lord Bellamont by the anti-Leislerians May 11, 1700, was the fol- lowing : "No. 27. He has displaced most of the militia officers and put in mean and indigent fellows, and most of them Dutch."
Lord Bellamont died in 1701, and during the brief administra- tion of Lieutenant-Colonel Naufan there was another violent out- break between the friends of Leisler and their opponents, which resulted in the arrest, trial, and conviction of Colonel Bayard for treason and rebellion. During the excitement attending this event a company of the city regiment was constantly on duty to preserve the peace and to prevent the rescue of the distinguished prisoner. Colonel Bayard had been prominently instrumental in
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INTRODUCTORY CHAPTER.
1708
securing the conviction and execution of Captain Jacob Leisler in 1691, and only escaped the same fate by the timely arrival of Lord Cornbury, who had been appointed by Queen Anne Governor of the Provinces of New York and New Jersey.
Lord Cornbury was a reckless and profligate adventurer, and, like many of the English governors, came to New York to repair his broken fortunes by unscrupulous exactions. He at once took the lead of the anti-Leislerian faction, displaced many of the offi- cers of militia appointed by Lord Bellamont, and filled the vacan- cies with his favorites. But it does not appear that he secured the entire support or the effective discipline of the citizen soldiers, for in a dispatch to the Lords of Trade in November, 1704, he refers to "an alarum in New Yorke occasioned by a Gentleman who, coming from Long Island, informed the Council that Ten French men-of-war were coming within Sandy Hook," and concludes his remarks in respect to the preparations made for the defense of the city as follows : " I cannot say that the militia of the city did their duty, for very many of the Dutchmen ran away into the woods." The "Ten French men-of-war" proved to be only one French privateer. But in 1706, the danger of an attack from a French fleet was so imminent that business was almost suspended, all resi- dents of the city were required to work upon the fortifications except the organized militia, which was drilled daily with small arms and at the batteries, performed laborious guard duty, and was held in readiness for immediate action. The danger passed away, but a greater danger threatened the English rule in America. The Assembly of the Province manifested its want of confidence in the Governor by insisting upon the control and disbursement through its own agents of all moneys raised for defensive pur- poses, and from this time forward the appropriations and taxation for the support of the English government in New York was a subject of constant complaint and exasperation between the repre- sentatives of the Crown and of the people, which only ended with the American Revolution. Only second in importance was the action of the Assembly in respect to the militia. It was extremely cautious as to the provisions of the laws respecting the militia and placing it under the control of the Governor. In a dispatch to the Lords of Trade, dated July, 1708, Lord Cornbury says : "The Assembly of the Province is not very forward to pass any Act for
3
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1720
HISTORY OF THE SEVENTH REGIMENT.
settling the Militia, and the last Act I did prevail with them to pass for that purpose was limited to one year. Besides, they are not very forward to inflict penalties on their Neighbours for not doing their (military) Duty." In conclusion, he recommended that Par- liament pass an act for regulating and settling the militia in " these Parts of the World." In December, 1708, Lord Lovelace became Governor of New York and Lord Cornbury exchanged his luxuri- ous quarters in the fort for a cell in the debtor's prison in Wall Street.
Lord Lovelace died in 1709, and was succeeded by Robert Hunter as Governor of the province in 1710. The Regiment of the City of New York at this date consisted of eight companies or train-bands and was commanded by Colonel William Peartree, who had been mayor of the city from 1703 to 1707. The lieutenant- colonel was Robert Lurting, who was mayor from 1726 to 1735, and among its officers are noticed the names of Johannis Jansen, lieutenant of the Third Company, who was mayor in 1725-'26, and John Cruger, ensign of the Fifth Company, who was also mayor from 1739 to 1744. Many other officers of the militia in 1710 were men of wealth and distinction as merchants and trades- men and of considerable political prominence. But the independ- ence manifested by the Provincial Assembly under Lord Cornbury continued, and in the almost constant conflicts with the English governors for many years the militia and its duties and obligations to the Crown was a subject second only in importance to taxation for the support of the colonial government. During the admin- istration of Governor Hunter, which extended until 1720, the As- sembly would consent to re-enact and extend the militia law only from year to year, and for a considerable part of the time there was no law whatsoever for the regulation and government of the militia of the city. As the officers were commissioned by the Gov- ernor, they were supposed to be among the most loyal and devoted of the king's subjects ; but the rank and file generally sympathized with the Assembly in its resistance to encroachments upon the rights of the people. Under these circumstances the militia could not possess the entire confidence of either party. It gradually lost its importance in the affairs of the city, its parades of ceremony and meetings for instruction became less frequent and were indif- ferently attended, and during the latter part of the administration
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INTRODUCTORY CHAPTER.
1721
of Governor Hunter the activity and spirit of the militia had dis- appeared and the Regiment of the City of New York barely main- tained an existence.
Upon the arrival of the next Governor, William Burnett, in 1720, an attempt was made to revive the militia, and an act was passed for that purpose. In the following year the militia law was re-enacted with some amendments, the most important of which is referred to in the following memorial :
To His Excellency William Burnett Esq', Capt. Generall & Governor in Cheif of the Province's of New York and New Jerseys, & the Teretorys & Tracts of Land Depending thereon in America, & Vice Admirall of the Same &c.
The Humble Representation of the Militia Officers Belonging to the Regment of the City of New York, Most Humbly Sheweth,
That wee in all Respects are Ready to Obey your Excellencys Commands, & to Observe & Comply with the Directions, of the Act of Generall Assembly for regulateing the Militia of this Colony, and as Good and faithfull Subjects to His Majesty King George will with our Lives & Small Fortunes, Ever maintain & Defend the Protestant Succession as it now Stands Established by Law, and as our Commissions gives us Power, to Command Men, more Knowing, in the Mili- tary Discipline, & of Estates far Superior to Ours, so wee would Execute that Command with all the Mildness Possible, haveing a Due Regard to the Honour of His Majestys Commission, & the Laws of this Collony.
Wee therefore Humbly Pray your Excellency, that Some Amendments may be made to the Act of Assembly, for Regulateing the Militia of this Colony (which Expires by its own Limitation in a Short Time) and that your Excellency will be pleased to admitt us to give in Our Memoriall to those that Shall be appointed to Draw the said act Wee being Humbly of Opinion, that, unless there be an altera- tion in said act, Relateing to the Fines, for non appearance, & also for Disobedi- ence 'twill be very Difficult, if at all Possible, for us to Keep the men under any Tolerable Subjection, all which is Most Humbly Submitted.
Yor Excellencys Most Humble & Most Obedient Servants,
H. V. DER SPIEGEL JOHN VAN HORNE
CORS. THORNE JOHN HARDEN BROICK
PHILL: SCHUYLER
WALTER THONG
JOS ROBINSON
ABRAH KETELTAS
JOHN CRUGER ROBT: LURTING
GARRIT VANHORNE
D : PROVOOST
In a dispatch of Governor Burnett to the Lords of Trade in 1721, the militia act of that year is referred to as follows : "This Act is particularly intended to regulate the militia of the town of New York, who used to be the most remiss of the whole province, and now by increasing the fine for non appearance at the musters
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HISTORY OF THE SEVENTH REGIMENT.
1737
have immediately upon the Act appeared in Arms to near double the number as formerly." But the revival of interest in the militia of the city was only temporary, and during the next twenty years there was no material change or improvement. In 1737 there were eleven companies or train-bands, including independent con- panies, and the official report of Lieutenant - Governor George Clarke gave the strength of the militia as follows : "Number of militia in New York City and County taken Anno, 1737,-number of officers 30. Number of private men, including Sergeants, Cor- porals and Drummers, 904. Number of officers in the militia troops 5. Number of men 50. Number of officers in the Artillery Com- pany (the ' Blue Artillery,' an independent company) 5. Number of men 85." In addition to the annual muster, the principal occa- sions upon which the militia met and paraded were the arrival of a new Governor and the anniversary of his Majesty's birthday and accession to the throne.
The following extracts from the newspapers of the period indi- cate the part performed by the militia in the ceremonies incident to these occasions :
From the Boston News Letter. RECEPTION OF GOVERNOR COSBY IN NEW YORK.
August 1, 1732. At 12 o'clock His Excellency walked to the City Hall (a Com- pany of Halbertiers and a Troop of Horse marching before, and the Gentlemen of His Majesty's Council, the Corporation, and a great number of Gentlemen and Merchants of the City following, the streets being lined on each side with the militia), where his commission was published, and then His Excellency returned (attended as before) to the fort. The Militia then drew up on the Parade and saluted them with three vollies.
From the New York Gazette.
ANNIVERSARY OF HIS MAJESTY'S ACCESSION TO THE CROWN.
June 11, 1734. At 12 o'clock noon the Gentlemen of the Council, Assembly, and the City waited upon His Excellency the Governor at the Fort, where their Majesties, the Royal Family's and the Prince and Princess of Orange's Healths were drank; under the Discharge of Cannon ; the regular Troops, in their Cloath- ing, all the while standing under Arms, who made a fine appearance. Afterwards his Excellency, attended by the Gentlemen of the Council, &c., went into the Field, and reviewed the Militia of the City drawn up there, and expressed great Satisfaction at their Order, Discipline, and Appearance, and was pleased to order 12 Barrels of Beer to be distributed among them to drink their Majesties and the Royal Healths.
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1741
INTRODUCTORY CHAPTER.
From the New York Weekly Post-Boy.
ANNIVERSARIES OF HIS MAJESTY'S BIRTH DAY.
November 5, 1744. Tuesday last being the Anniversary of his Majestys Birth Day, the same was observed here with all possible Demonstrations of Loyalty and Joy : In the forenoon the Militia were drawn up in the Broadway, from where the Artillery Company first marched in two Divisions one to Each Battery, where they were posted at the Guns, and were followed by the first Division of the Regi- ment and Cadies, who regularly manned the Batteries, and discharged three vol- lies of their Small Arms; then the second Division marched and relieved them, and having fired three vollies, as before, they were again relieved by the third. During this time His Excellency, attended by the Council and a great many of the principal Gentlemen of this City, went up to the Fort, where his Majesty's and other Loyal Healths were drank under the charge of 21 Pieces of Cannon, and Night Concluded with illuminations, &c.
The year 1741 is famous in the history of New York city for the mad transactions of its people in respect to the so-called " Negro Plot." The slave-trade, which was at this period an important part of the commerce of the civilized world, had brought to the city
Fort George, New York, 1740.
many negro savages, who were held as slaves, and were constant objects of suspicion. The burning of the public buildings in the fort on the 22d of March was followed by several other accidental fires ; and, while the public mind was excited upon this subject, the confession of an ignorant and depraved woman to a knowledge of a plot among the negroes to burn the city and murder the whole population was sufficient to inaugurate a reign of terror. The
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HISTORY OF THE SEVENTH REGIMENT.
1744
excitement culminated on the 13th of April, when the people fled in a panic from the city, leaving their dwellings to be plundered by the thieves and outcasts of the town. The regiment of militia was hastily turned out, and sentries were posted to guard the vari- ous avenues, while the aldermen, assistant aldermen, and constables searched their respective wards for suspicious characters. Arrests were numerous, and the prisons were soon crowded with negroes and such disreputable whites as were the subjects of malicious accusation. Crimination and recrimination, excited by malice, fear, or hope of pardon or reward, speedily followed, and the courts of justice, as mad as the people, encouraged and accepted the most extravagant and worthless testimony to secure the condemnation of the accused. During the year 1741 the victims of this strange popular delusion numbered eighty-three. Eighteen negroes and four whites were hanged, eleven negroes were burned at the stake, and fifty were transported and sold. There is no evidence which would be accepted in any court of justice at the present day that any "Negro Plot" existed; and the disgraceful injustice of 1741 must be attributed to the moral cowardice with which human slav- ery blights the oppressor as well as the oppressed. England blushes for its Popish plot of 1679, and Massachusetts would blot out the sad story of Salem witchcraft, but New York is not less humbled by that dark page in its history which records the terror and injustice of its people in 1741. Throughout that eventful year the services of the militia were in constant requisition. The streets were patroled at night by a large military guard, and so burden- some did this duty become upon the regular militia companies or train-bands of the city that the Assembly passed an act on the 20th of June, 1741, "to oblige the people of this Town to a Military Night-Guard," and another act on the 20th of August, 1741, "for the more equal keeping military watches in the City of New York."
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