USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 21
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Hamilton boldly admitted the publication of these articles. "Then the verdict must be for the king !" exclaimed Bradley, triumphantly. Hamilton quietly reminded him that printing and libelling were not syno- nymous terms, and was proceeding to prove the truth of the charges contained in the alleged libels, when he was interrupted by the attorney-general, on the plea
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. that the truth of a libel could not be taken in evidence. " What is a libel ?" asked Hamilton in reply. "What " the legal authorities declare it to be," returned Brad- ley. "Whether the person defamed be a private man, "or a magistrate, whether living or dead, whether the " libel be true or false, or the party against whom it is " made be of good or evil fame, it is nevertheless a libel, "and as such, must be dealt with according to law ; for " in a settled state of government, every person has a " right to redress for all grievances done him. "As to its " publication, the law has taken such great care of men's "reputations that if one maliciously repeats it or sings it "in the presence of another, or delivers a copy of it over " to defame or scandalize the party, he is to be punished " as the publisher of a libel. It is likewise evident that "it is an offence against the law of God, for Paul him- " self has said, 'I wist not, brethren, that he was the "high-priest ; for it is written, thou shalt not speak " evil of the ruler of thy people.' "
Continuing at length in the same strain of argu- ment, he went on to demonstrate that Zenger had been guilty of a gross offence against God and man in attacking by words and innuendoes the sacred person of royalty through its representative, the governor, and quoted precedents to show that, whether true or false, a libel remained the same in the eye of the law. Despite the indignant protests of Hamilton, the court sustained the sage conclusions of the attorney-general, and decided that a libel was all the more dangerous for being true. After some brilliant sparring between the eloquent advo- cate, and Bradley and De Lancey, in which the two lat-
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ter gentlemen were decidedly worsted, Chambers pro- . ceeded to address the jury in behalf of his client. Hamilton followed in a brilliant speech, ridiculing with biting sarcasm the decision of the court that truth only made a libel the more dangerous; and insisting that the jury were the judges both of the law and the fact, he adjured them to protect their own liberties, now threat- ened in the person of the persecuted Zenger. He quoted the precedent of the Quakers in London, who, having been shut out of their own meeting-house, preached to three hundred of their persuasion in the streets, and were afterwards indicted for disturbing the peace by gathering together a tumultuous assembly. In this case, the fact of the meeting being confessed, the court had charged the jury to convict the prisoners ; but the jury had asserted their right to judge of the character of the assembly, and finding it neither tumultuous nor unlawful, had returned a verdict of "not guilty." After urging the evident analogy of this case to that of his client, " It "is very plain," said he, "that the jury are by law at "liberty (without any affront to the judgment of the " court) to find both the law and the fact in our case. " And may I not, too, be allowed to say that, by a little " countenance, almost anything which a man writes may, "with the help of that useful term of art, called an " innuendo, be construed to be a libel, according to Mr. " Attorney's definition of it ; that whether the words are " spoken of a person of public character, or of a private "man, whether dead or living, good or bad, true or " false, all make a libel, for, according to Mr. Attorney, " after a man hears a writing read, or reads or repeats
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. "it, or laughs at it, they all are punishable. It is true, " Mr. Attorney is so good as to allow, after the party " knows it to be a libel ; but he is not so kind as to take " the man's word for it.
"If a libel is understood in the large and unlimited " sense urged by Mr. Attorney, there is scarce a writing "I know that may not be called a libel, or scarce any per- " son safe from being called to account as a libeller ; for " Moses, meek as he was, libelled Cain, and who is it that " has not libelled the devil; for, according to Mr. Attorney, "it is no justification to say that one has a bad name. " Echard has libelled our good King William. Burnet " has libelled among others, King Charles and King " James, and Rapin has libelled them all. How must a " man speak or write, or what must he hear, read, or sing, " or when must he laugh, so as to be secure from being " taken up as a libeller. I sincerely believe that were "some persons to go through the streets of New York " now-a-days and read a part of the Bible, if it were " not known to be such, Mr. Attorney, with the help of "his innuendoes, would easily turn it to be a libel. As " for instance, the sixteenth verse of the ninth chapter of " Isaiah : 'The leaders of the people (innuendo, the gov- " ernor and council of New York) cause them (innuendo, " the people of this province) to err, and they (meaning " the people of this province) are destroyed (innuendo, " are deceived into the loss of their liberty), which is the " worst kind of destruction.' Or, if some person should " publicly repeat, in a manner not pleasing to his betters, " the tenth and eleventh verses of the fifty-fifth chapter " of the same book, then Mr. Attorney would have a
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" large field to display his skill in the artful application " of his innuendoes. The words are, 'His watchmen are " all blind, they are ignorant ; yea, they are greedy " dogs, that can never have enough.' But to make " them a libel, no more is wanting than the aid of his " skill in the right adapting of his innuendoes. As for " instance, ' His watchmen (innuendo, the governor, coun- "cil, and Assembly) are blind ; they are ignorant " (innuendo, will not see the dangerous designs of his " excellency) ; yea they (meaning the governor and " council) are greedy dogs which can never have enough " (innuendo, of riches and power).' "
After dwelling on the fact that, laughable as these illustrations might be, they were strictly analogous to the charges against his client, and urging the jury to judge for themselves of the truth or falsehood of Zenger's articles and to render their verdict accordingly, the elo- quent barrister thus concluded his remarks : " I am truly " unequal to such an undertaking on many accounts. " And you see I labor under the weight of many years, " and am borne down by many infirmities of body ; yet, " old and weak as I am, I should think it my duty, if " required, to go to the utmost part of the land, where " my service could be of any use in assisting to quench " the flame of prosecutions upon informations set on foot " by the government to deprive a people of the right of " remonstrating (and complaining too) against the arbi- " trary attempts of men in power. Men who injure and " oppress the people under their administration provoke " them to cry out and complain, and then make that " very complaint the foundation for new oppressions and
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" prosecutions. I wish I could say there were no " instances of this kind. But to conclude, the question " before the Court and you, gentlemen of the jury, is "not of small or private concern ; it is not the cause of " a poor printer, nor of New York alone which you are " now trying. No! it may, in its consequences, affect " every freeman that lives under the British gov- " ernment upon the main of America. It is the best " cause ; it is the cause of liberty ; and I make no doubt " but your upright conduct this day will not only entitle " you to the love and esteem of your fellow citizens ; but " every man who prefers freedom to a life of slavery, " will bless and honor you as men who have baffled the "attempts of tyranny, and, by an impartial and incorrupt " verdict, have laid a noble foundation for securing to " ourselves, our posterity, and our neighbors, that to " which nature and the laws of our country have given "us a right-the liberty of both exposing and opposing " arbitrary power in these parts of the world at least by " speaking and writing truth."
The orator concluded amidst a burst of applause. Every eye in the court-room glistened with admiration, and every heart forgot the dead letter of the law in the living inspiration of truth and patriotism. Wholly borne down by this torrent of eloquence, Bradley attempted but a brief reply, and De Lancey vainly charged the jury that they were judges of the fact but not of the law, and that the truth of the libel was a question beyond their jurisdiction. Reason and common sense prevailed for once over technicalities ; the jury withdrew, and returned after a few minutes' deliberation, with the
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unanimous verdict of "not guilty." The court-room rung with huzzas which the disappointed judges vainly endeavored to suppress, and Hamilton was borne from the hall by the exultant crowd to a splendid entertain- ment prepared for his reception. The next day, a public dinner was given him by the whole city, at which the corporation presented him with the freedom of the city in token of their appreciation of his defence of the rights of the people and the freedom of the press. A magnificent gold box, in which to inclose the certificate, was also purchased by private subscription and pre- sented to him on the part of the citizens. On this was engraved the arms of the city, encircled with the words, "DEMERSE LEGES TIMEFACTA LIBERTAS-HAEC TANDEM " EMERGUNT ;" within a flying garter, "NON NUMMIS, " VIRTUTE PARATUR ;" and on the front, "ITA CUIQUE "EVENIAT UT DE REPUBLICA MERUIT." The entertainment over, Mr. Hamilton was escorted to the wharf by a crowd of citizens, and entered the barge to return to Philadel- phia under a triumphant salute of cannon.
Thus ended the celebrated Zenger trial, which established the freedom of the press, and planted the seeds which germinated among the people and sprung up, like the sown dragon's teeth, a host of armed war- riors. But its result was chiefly due to the brilliant defence of its eloquent advocate ; and the daring political principles, for the first time in America fearlessly avowed in it, and as fearlessly maintained by an independent jury in the face of an interested court and an arbitrary governor, formed a precedent for resistance to oppres- sion which ripened at last into the American Revolution.
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The corporation, however, did not persist in their independence, but obsequiously courted the favor of the governor by waiting on his brother, Major Alexander Cosby, and his son-in-law, Thomas Freeman, on their arrival in the province, and, presenting them with the freedom of the city in silver boxes, besides offering them the most fulsome adulation. The veneration for nobility was still existing in the minds of the citizens, and of the officials most especially ; and they let slip no opportunity of manifesting it when it was not in direct opposition to their rights or interests. Soon after the arrival of Cosby and Freeman, Lord Augustus Fitzroy, the youngest son of the Duke of Grafton, visited the governor. Hardly had he landed, when the corporation waited on him in a body, and, congratulating him on his safe arrival and thanking him for having honored New York with his presence, presented him with the freedom of the city in a gold box. The mention of this occurrence is the most important record found upon the minutes of 1732. The same record also informs us that, while fourteen pounds eight shillings was paid for this box, but ten pounds could be afforded for the quarter's salary of the public schoolmaster. This same Lord Augustus Fitzroy after- wards became the hero of a romantic episode. Being a youth of a susceptible temperament, he soon fell in love with the governor's daughter. By the standard of society, the match was beneath him, and though her parents probably encouraged it in secret, they dared not give their consent openly. A clergyman was secretly intro- duced into the fort, and the marriage ceremony per- formed without license. The affair gave great dis-
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pleasure to the friends of the young nobleman, who accused Cosby of having inveigled him into an unequal marriage, and the union proved an unhappy one in many respects.
The check which Cosby had received in the Zenger affair did not hinder him from further attempts against the liberties of the people. He refused to dissolve the Assembly, contrary to their own wishes and the petition of the citizens, ordered a re-survey of the old grants and patents in the hope of deriving a revenue from the fees, and destroyed valuable documents which had been intrusted to him by the corporation of Albany, and which were obstacles in the way of his acquisitions. On the 10th of March, 1736, his rapacity was suddenly checked by his death. But, retaining his animosity to the last, he called the members of his council together in his chamber, and suspended Rip Van Dam, his former antagonist, who, as the eldest member, was legally his successor.
Upon the announcement of Cosby's decease, the coun- cil assembled, and for the first time proclaiming the sus- pension of Van Dam, proceeded to administer the oaths of office to George Clarke, the next in council. The declaration of this fact was the signal for new dissensions. As the eldest member of the council, Van Dam was entitled to administer the government, and, knowing himself to be popular, he demanded it as his right, claim- ing the suspension to be invalid. The people, headed by Morris, who had just arrived from England, whither he had gone for the purpose of effecting the removal of Cosby, rallied round their favorite, and exhibited such
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unmistakable signs of hostility that Clarke hastily retreated into the fort, and summoned the military to his aid. Terrified at the threatening state of affairs, he sent to Morris to ask his advice. "If you don't " hang them, they will hang you," was the significant reply. But he did not need to have recourse to such desperate measures, for, on the 14th of October, dispatches arrived from England which confirmed him in his authority and commissioned him to act as lieu- tenant-governor.
Clarke, though born in England, had long been a resi- dent of the colony. He was politic and sagacious, com- prehending the spirit of the people and the best methods of winning popularity. Knowing that he could only hope to hold the office until the appointment of a new governor, and anxious in the meantime to secure a princely fortune, his chief aim was to act in such a man- ner as to ingratiate himself with both parties. His first act was to dissolve the Assembly, and to restore Smith and Alexander to the bar. Lewis Morris had previously been appointed governor of New Jersey, now again divorced from New York.
A new Assembly, consisting in great part of the popular party, met in the summer of 1737, and many important bills were passed during their first session. But, despite the insinuating policy of the new lieutenant- governor, they firmly refused to grant a revenue for a longer time than one year, and this resolution was strictly adhered to in future. One of the most significant incidents in this session, as marking the popular prejudices of the times, was an act disfranchising the Jews in the
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province. This fanatical proceeding was owing chiefly to the efforts of William Smith, the lawyer, who has already figured so prominently in our pages.
We will now glance at the progress of the city during the administration of the late governor. In 1734, the first poor-house, of which we have already made men- tion, was erected in the Commons on the site of the future " Old Alms-house." The building was forty-six feet long, twenty-four feet wide and two stories high, with a cellar, and was furnished with implements of labor for the use of the inmates. The churchwardens were appointed as overseers of the poor, and all paupers were required to work under penalty of receiving moderate correction. Parish children were to be taught there to read, write and cast accounts, and to be employed. in some useful labor ; and as the building was also a house of correction, it was used as a sort of calaboose for unruly slaves, their masters having permission to send them thither for punishment. A large vegetable garden was laid out about the house, which was cultivated by the inmates, and the produce devoted to the use of the institution. In the same year, Cortlandt street was first surveyed and opened.
In 1735, Robert Lurting died, after having discharged the duties of the mayoralty for nine years, and Paul Richard was appointed in his stead. Mr. Richard was a merchant of French extraction, his grandfather having emigrated from France to New York in the early days of the English conquest. He retained the office for three years. The first event of importance during his admin- istration was the laying of the first stone of the battery
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Old Ferry House, Corner of Broad and Garden Streets.
upon the platform of the Whitehall rocks, a little to the east of the Copsey Battery. This was performed with great ceremony, the stone being laid by Governor Cosby, in the midst of great rejoicings. But an untoward event occurred to mar the festivity-a cannon burst in firing a salute, killing John Syms, the high sheriff, Miss Cortlandt, daughter of the councillor, and a son-in-law of Alderman De Riemer. The new works were christened George Augustus' Royal Battery. During the same year, the city watch was increased to ten men and two constables, and additional precautions were taken to prevent fires and to provide for the public safety.
In 1737, Water street, which had received its name the previous year, was extended from Fulton street to Peck slip, a distance of four hundred feet. Trinity church was also enlarged, for the last time, on the north and south sides, making it seventy-two feet in width and a hundred and forty-six feet in length, including the
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Rhinelander's Sugar-house, used as a prison during the Revolution.
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Old Brooklyn Ferry-house of 1746.
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tower and chancel. The spire was one hundred and eighty feet high. In 1739, its churchyard was enlarged, and Rector street was opened to the city.
In 1738, a sort of quarantine was established at Bed- low's Island. The smallpox was raging in South Carolina as it had raged in New York seven or eight years before, and the citizens, alarmed at the danger, entreated that all suspected vessels should anchor at Bedlow's Island nor be suffered to discharge their cargoes until they had first been visited and examined by physicians. This was accordingly done, and the panic soon ceased.
In 1739, Major Richard was succeeded by John Cruger, a well-known merchant of the city, who had been engaged in his early youth in the slave-trade, on the coast of Africa ; and afterwards, abandoning this pursuit, had settled in the city as a merchant and entered likewise into public affairs. He continued in the mayoralty for five years. During the first year of his administration, a large market-house was erected in Broadway, opposite Liberty street. Markets were now among the most flourishing institutions of the city, and were under the strict supervision of the municipal authorities, the mayor himself usually officiating as clerk. During this year, William Sharpas, the town-clerk, died, having served the corporation in that capacity for a term of forty-seven years.
The winter of 1740-1 was remembered for many years as "the Hard Winter." The intense cold continued from the middle of November to the close of March. The snow was six feet on a level, the Hudson was frozen
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at New York, and great suffering was felt among the poor. But the severity of the season was a trifle in com- parison with the cloud of terror and cruelty which was now hovering in the horizon of New York. The evil which the people had so long been cherishing in their midst was now about to recoil upon them with conse- quences which would long be remembered with horror. The negro plot-that counterpart of the Salem witch- craft-was on the eve of its development; the details we reserve for another chapter.
CHAPTER XII.
1741-1753.
The Negro Plot of 1741.
THE negro plot of the city of New York will long con- tinue to be classed in the foremost rank of popular delusions, even exceeding in its progress and its fearful denoûment, the celebrated Popish Plot concocted by Titus Oates. At this distance, it is difficult to ascertain how many grains of truth were mingled with the mass of prejudice, or to discover the wild schemes which may have sprung up in the brains of the oppressed and excit- able negroes, but certain it is that nothing can justify the wholesale panic of a civilized community, or the indis- criminate imprisonment and execution of scores of igno- rant beings without friends or counsel, on no other evi- dence than the incoherencies of a few wretches more degraded than they, supported by the horror of a terror- struck imagination. We shall endeavor to follow the development of this singular plot clearly and simply, leaving the reader to draw his own inference from the facts and to determine how much credence should be given the testimony.
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At this time, New York contained about ten thousand inhabitants, nearly one-fifth of whom were negro slaves. Since the first introduction of slavery into the province in the days of Wilhelm Kieft, it had increased and flourished to an alarming extent. Every householder who could afford it was surrounded by negroes, who were contemptuously designated as " the black seed of Cain," and deprived, not only of their liberty, but also of the commonest rights of humanity. We have already adverted to some of the laws established from time to time in respect to these unfortunate beings. These ordinances were of the most stringent character. "All " blacks were slaves," says a late historian, "and slaves " could not be witnesses against a freeman. They were "incapable of buying anything, even the minutest neces- "sary of life ; they were punishable by master or mistress " to any extent short of life and limb ; as often as three " of them were found together, they were punished with "forty lashes on the bare back; and the same legal "liability attended the walking with a club outside the "master's grounds without a permit. Two justices might "inflict any punishment short of death or amputation " for a blow or the smallest assault upon a Christian or "a Jew." Such was the spirit of the laws of the times. It had been the constant policy, both of the Dutch and English governments, to encourage the importation of slaves as much as possible ; the leading merchants of the city were engaged in the traffic, which was regarded by the public as strictly honorable, and, at the time of which we speak, New York was literally swarming with negroes, and presented all the features of a present Southern
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city, with its calaboose on the Commons and its market- place at the foot of Wall street. The people were not blind to the possible danger from this oppressed yet powerful host that was silently gathering in their midst, and the slightest suspicious movement on the part of the negroes was sufficient to excite their distrust and alarm. Since the supposed plot of 1712, of which we have already spoken, a growing fear of the slaves had pervaded the city, and the most stringent measures had been adopted to prevent their assemblages and to keep them under strict surveillance. But it was difficult to restrain the thieving propensities of the negroes ; petty thefts were constantly committed, and it was one of these that first paved the way to the real or supposed discovery of a plot to murder the inhabitants and take possession of the city.
On the 14th of March, 1741, some goods and silver were stolen from the house of a merchant named Robert Hogg, on the corner of Broad and Mill or South William streets. The police immediateiy set to work to discover the thieves, and suspicion having fallen upon John Hughson, the keeper of a low negro tavern on the shores of the North River, his house was searched, but to no effect. Soon after, an indentured servant girl of Hugh- son's, by the name of Mary Burton, told a neighbor that the goods were really hidden in the house, but that Hugh- son would kill her if he knew that she had said so. This rumor soon came to the ears of the authorities, who at once arrested Mary Burton and lodged her in the city jail, promising her her freedom if she would confess all that she knew about the matter.
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