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The act of amnesty and the proclamation were dictated by prudence: the number of New Yorkers who had fled before the face of the king's executive was disturbingly large. The persons excepted from the pardon were Leisler and Milborne, the six others 'already attainted of treason and murder,' and twenty-two more, among them William Lawrence, Dr. Samuel Staats, Captain Benjamin Blagge, Hendrick Van Vuerden, John Coe, Cornelius Pluvier, Jacob Mauritz the sea- captain, Robert Lecock, and Johannes Provoost, all of whom had served on Leisler's council; Joost Stoll, William Churcher, Richard Panton of Westchester, Captain Jochem Staats of Albany, Richard Pretty the sheriff of that county who, like Staats, had from the first been on Leisler's side, and Jacob Melyn, the son of Cornelis, who was said to have been in trea- sonable correspondence with the usurper.
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THE DEATH OF LEISLER !
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Toward the end of July, Governor Sloughter having then returned to New York, he suddenly died. Many suspected poison; and when an autopsy showed that death had come from a natural cause - pneumonia, to judge by the physicians' report - the Leislerians interpreted this to mean either delir- ium tremens or remorse for the executions of May 16. Noth- ing in Sloughter's letters, however, suggests that he felt the least remorse or regret. He wrote home that he had quieted the people, had at last reduced the province to 'its true allegiance,' and had settled a peaceful government, for the lack of which the adjacent colonies were ready to devour each other.
He did not live long enough to learn that it is dangerous to give a political party the chance to remember its leaders as martyrs. Instead of quieting New York he had merely ter- rorized it for the moment, and in the two graves he dug had sowed a handful of dragons' teeth. In Queen's County, where there had been a revolt against Leisler, his death passed almost unnoticed. On Manhattan and elsewhere in the vicinity it enflamed the people as no words or acts of a living leader could have done. After Sloughter's death the council, according to the terms of his commission, should have assumed executive power with the first councillor, Joseph Dudley, as president. But Dudley was in the West Indies; and the council conferred executive authority upon Major Ingoldsby as commander- in-chief in the province. Danger on the frontier was the reason for thus exalting a military officer. But fear of a popular uprising probably contributed its influence. At once several persons were proceeded against as rioters; others, threatened that unless they pleaded guilty to this charge they would be accused as traitors, were kept many months in confinement ; and by proclamation seditious 'pamphlets' and meetings were forbidden. The 'Translate' of the Dutchwoman's letter of August 6, speaking of the death of our dear Leisler with his son,' says :
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. . . we are under a great trouble by reason of the present wicked government for which we may complain to God. If things go on after this rate there is no living any longer here for Christian souls. I would have departed before this time but that they will not suffer anybody to go . . . for as I have already said it is no longer living here, because they endeavor to undo all of us utterly who have sided with Leisler; it is not enough to them to have hanged Leisler and his son-in-law until they were half dead and then wickedly to have butchered them, for which the whole country mourns, but our husbands and those that have sided with him have been forced to fly and seven of them are clapped up in prison and are to be tried for their lives. All this is only because we all have been so faithful to King William and Queen Mary. ... It is impossible to relate everything for the sad condition we are in would require a whole book.
If Leisler had suffered death simply at the hands of a gov- ernor fresh from England, the passions that his fate so power- fully stimulated might soon have died down as other governors quickly followed one another in office. But his adherents believed that he had been, as one of them said, 'revengefully sacrificed' by the fellow-colonials who were his enemies. This conviction deepened as they learned of the lenient way in which King William's government treated those who in other colonies had taken a stand similar to theirs in New York; and its constant expression forced the anti-Leislerians to maintain in moral as well as in political self-defence a defiant, aggressive attitude.
It is needful to dwell upon these facts, it has been needful to tell in detail the story of Leisler's career, because the episode meant much more to New York than a mere struggle between two factions for temporary power. In one sense it did not affect the history of city and province as did less conspicuous hap- penings. That is, it had no such influence upon the attitude of the mother-country or the arrangements it made for the province as had, for example, the refusal to pay taxes which brought about the establishment of an assembly in 1683. But it gave birth in New York to antagonistic parties such as had not been born of the contentions between the West India Company and its colonists or of the change from Dutch to
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English dominion. It turned into party leaders the little group of 'persons of quality' who had begun to gather around the king's representative, and gave them a body of adherents that they had not had before; and it also solidified and, so to say, organized the popular party, giving it as a war-cry the cry of revenge for innocent blood. When in 1695 parliament reversed the action of the court in New York, the old passions were fed with fresh fuel. So they were by the disinterment and the stately reburial of the bodies of Leisler and Milborne in 1698; and so, again, by a chance, eagerly grasped by the Leislerians in 1702, to bring Nicholas Bayard to trial for his life, to bring him within sight of the gallows, for acts defined as treason by the statute which in 1691 he himself had induced the legislature to enact.
In fact, the Leisler episode so powerfully affected the mind and the temper of the people of New York that for more than twenty years the chief feature in their history was a passion- ate struggle for political and social ascendancy between parties still known as Leislerian and anti-Leislerian. It nurtured animosities, at once personal and public, of a sort unknown in other parts of English America. It was a main reason why all through the first half of the eighteenth century, when the other colonies were quieter than in the seventeenth, New York was in a ceaseless turmoil. Even at the time of the Revolution the last sparks of the feud had not died out. Indeed, one may say that it is not yet extinct, for the heat of its embers as they smoulder in the documents of the time makes it hard to think temperately, impartially, of Leisler and his enemies - so hard that more than one modern writer has distorted contemporary evidence and misstated the plain- est testimonies in an effort to prove either that, as Sloughter said, never a greater villain than Leisler lived, or that, as his own friends said, never a more innocent martyr died.
This does not mean that Leisler, or even Leisler's name, is well remembered in New York. While students of its his- tory have quarrelled about him more than about any other colonial character, its people have forgotten him. Not un-
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naturally, for he constructed nothing, was identified with no cause of deep significance, left no writings of a lasting interest, and founded no long-lived family; and his career has not chanced to attract such a hand as, turning history into song or story or drama, may win for figures of the past a new life in the present. This may yet be done. Writers who can reach and hold the popular ear may not always neglect such good material completed by the tale of the reversal of the sentence of the New York court by the parliament of England and, in the figures of Mary Leisler, Milborne, and Gouverneur, supplying suggestions for an interwoven love-story. If it is done, Leisler himself will prove most interesting if shown as he really was - neither villain nor martyr but a patriot born under a hapless star, a choleric, prejudiced, untrained, yet devoted and by no means unintelligent hard-struggling, hard-pressed, and most unfortunate leader in what he believed was a righteous and necessary popular movement; if shown as one whose mistakes were in tact and temper (largely Milborne's temper) rather than in aim and plan; one who, indeed, accomplished nothing of permanence but had no real opportunity so to do, and who had enough energy, honesty, tenacity, and executive power, and enough appreciation of the needs of the moment, to warrant the belief that under other conditions and with better preparation he might have made his mark as a successful administrator of public affairs.
When Governor Sloughter reported that he had reduced his province to a 'true allegiance' he used an empty and a mis- leading phrase. Of allegiance; in the sense of loyalty to the crown, there was no question when he arrived. Nothing justified the charges of disloyalty laid against the Leislerians; whatever some of their opponents may have felt two years before, none now doubted that William and Mary were safely seated on the throne of James Stuart; and, as James's func- tionaries were again in favor, it may safely be said that no one regretted the change. Nor in after years did a Jacobite spirit ever show itself in New York.
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Nevertheless, the partisan strife that had been wholly local in its origin was to have its influence upon the relations of the province with the mother-country - not, it has already been said, by affecting ideas and actions in England but by affecting the spirit of the New Yorkers and consequently their dealings with political affairs and with the representatives of the crown.
For many years one governor after another was forced to take sides with one faction or the other and thus to throw one or the other into determined opposition. This worked, of course, in various ways to the detriment of the province, impeding helpful legislation and hampering the kinds of prog- ress that are furthered by peace and concord. Each party, wrote Cadwallader Colden, as at different times it was encour- aged by different governors, opposed the measures taken by the other, and therefore public policy was 'perpetually fluc- tuating' and often one day 'contradictory' to what it had been the day before; and meanwhile the successive governors, finding their 'private account' in the favoring of this or that faction, did their part in keeping up the conflict.
But, if bad in these and other ways were many of the linger- ing effects of the Leislerian episode, it had one lasting good result of great importance. That there was always a party in active opposition to the government was a fortunate fact in a province shut as tightly as New York in the royal hand, a province unchartered, unprivileged, uninspired by such memories of an early time of freedom as survived in New Eng- land, unprotected save by the intelligence and the energy of its own sons. The persistent strength of party feeling in New York meant, in short, a habit of watchfulness and aggres- siveness in public affairs which largely helped to open the path for revolution.
Naturally the resistance of the New Yorkers to outside authority, like their contests among themselves, had its ad- mixture of personal and factional ambition, of political chi- canery, of private or corporate greed masquerading as pa- triotism. Yet in the chequered story there are admirable
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chapters telling of battles for high causes fought with unselfish ardor and of notable victories that benefited all the Thirteen Colonies. And the good effect of this long training in a close attention to political matters and in the methods of political warfare plainly appeared when the old jealousies and hatreds at last died down, when factions reshaped themselves in forms of deeper significance, the dividing line shifted from local issues to wider ones, and the people of New York stood grouped no longer as the friends and the enemies of Jacob Leisler, no longer even as a country party and a crown party, but as rebels and loyalists, as patriots and Tories.
REFERENCE NOTES
PRINCIPAL PUBLISHED DOCUMENTS: Col. Docs., III (398) ; Papers Relating to the Administration of Lieut .- Gov. Leisler (278) ; Docu- ments Relating to the Administration of Leisler (276) ; Colonial Laws of New York, I (272) ; Journal of the Assembly of the Colony of New York (61) ; Journal of the Legislative Council of the Colony of New York (141) ; Calendar of Council Minutes (142) ; Minutes of the Common Council, I (409) ; Cal. Hist. MSS., English (390) ; Cal. S. P. Col., 1689-1692 (485).
SMITH (quoted) : his Hist. of New York (420).
KILIAEN VAN RENSSELAER'S AFFIDAVIT: in Papers Relating to . Leisler.
SLOUGHTER IN ENGLAND: Cal. S. P. Col., 1689-1692.
SLOUGHTER'S COMMISSION AND INSTRUCTIONS : in Col. Docs., III.
OATHS FOR OFFICEHOLDERS : Porritt, The Unreformed House of Com- mons (223).
SLOUGHTER'S REPORTS AND CORRESPONDENCE: in Col. Docs., III, and in Cal. S. P. Col., 1689-1692.
SLOUGHTER AT BERMUDA : Cal. S. P. Col., 1689-1692.
LEISLER'S SURRENDER: Minutes of the Council and other papers in Papers Relating to . . . Leisler; Documents Relating to Leisler. - LEISLER TO SLOUGHTER: in Papers Relating to . . . Leisler.
SELYNS'S SERMON: Stiles, Hist. of Brooklyn (293) ; Murphy, Anthol- ogy of New Netherland (57).
DUTCH LETTER OF 1698: in Documents Relating to . . . Leisler and in Ecc. Records, II (167).
SEWALL (quoted) : his Diary (156).
CITY GOVERNMENT: Minutes of the Common Council, I.
PREPARATION FOR THE TRIAL: Minutes of the Council in Papers Re- lating to . .. Leisler; Sloughter's Correspondence in Col. Docs., III; Cal. S. P. Col., 1689-1692.
WARRANT FOR LEISLER'S COMMITMENT TO JAIL: in Papers Relating to . . . Leisler.
REPORTS OF THE TRIAL: Listed in Cal. S. P. Col., 1689-1692. Tran- scripts made for the author now in State Library, Albany.
STATE TRIALS : Sir J. F. Stephen, Hist. of the Criminal Law in England, London, 1883; Trevelyan, England under the Stuarts (180) ; Macaulay, Hist. of England.
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PETITION OF THE ASSEMBLY TO GOVERNOR BELLOMONT, 1699 : in Docu- ments Relating to . .. Leisler.
PETITIONS OF BEEKMAN AND DE MILT: in Papers Relating to . .. Leisler.
'MEMORANDUM HOW JACOB LEISLER IS TO PLEAD': ibid.
THE BENCH TO THE GOVERNOR AND COUNCIL: ibid .; Cal. S. P. Col., 1689-1692.
GILES SHELLY : Col. Docs., IV; New Jersey Archives, II (374).
QUEEN MARY'S ORDER: in Documents Relating to . . . Leisler.
REVERSAL OF ATTAINDER: ibid .; Journal of the Assembly, Appendix ;
Cal. S. P. Col., 1693-1696 and 1696-1697. - AFFIDAVITS in Documents Relating to . . . Leisler.
PAPER DESCRIBING TRIAL FOR A RIOT: in Documents Relating to . .. Leisler.
ASSEMBLY : Journal of the Assembly; Journal of the Legislative Council; O'Callaghan, Origin of Legislative Assemblies in New York (60). - ACTS : in Colonial Laws of New York, I.
ANSWER TO BLAGGE'S MEMORIAL: in Col. Docs., III, and in Cal. S. P. Col., 1689-1692.
DISTURBANCES ON STATEN ISLAND: Papers Relating to . . . Leisler. JEFFERS AFFIDAVIT: in Documents Relating to . . . Leisler.
MEMOIR AND RELATION : Memorial of William Van Breen and Others in Col. Docs., III, and in Ecc. Records, II.
COUNCIL TO BLATHWAYT: in Col. Docs., III.
STORY OF SHERIFF AND LADDER: Anon., A Large Ancient Building in Valentine's Manual, 1860 (508).
DU SIMETIERE PAPERS: in Documents Relating to . . . Leisler. - LEISLER'S SPEECH also in Ecc. Records, II.
'TRANSLATE' of a Dutchwoman's letter: Anon., Jacob Leisler in His- torical Magazine, XXI (213).
ACCOUNT OF LEISLER'S DEATH: in Dunlap, Hist. of New York (401). DU SIMETIERE'S MEMORANDA : in Documents Relating to . . . Leisler. BELLOMONT (quoted) : in Col. Docs., IV.
LOYALTY VINDICATED (quoted) : in Documents Relating to . . . Leisler. PETITION TO LORDS OF TRADE, 1709: Memorial of Mr. Attwood in Col. Docs., V.
SLOUGHTER'S DEATH : Physicians' report in Cal. S. P. Col., 1689-1692. COLDEN (quoted) : his Hist. of the Five Indian Nations (188).
LIST OF BOOKS AND ARTICLES OF VALUE TO THE STUDENT OF THE HISTORY OF NEW YORK
BIBLIOGRAPHIES AND OTHER GUIDES TO SOURCES OF INFORMATION
1. - Aboriginal America, Bibliography of, J. Winsor in Narr. and Crit. Hist., I, Appendix (49).
2. - American History, Chronological Conspectus of, in Narr. and Crit. Hist., VIII (49).
3. - American History, Guide to the Study of, E. Channing and A. B. Hart. Boston, 1896.
4. - American History, The Literature of, J. N. Larned. Boston, 1902.
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5. - Archives and Public Records, Report on the, of the State of New York and of New York City. H. L. Osgood. Washington, 1901. [The best guide to a knowledge of the historical documents in the keeping of the State and the City.]
6. - Archives, The, of the State of New York. B. Fernow in N. Y. Genea. and Bio. Record, XX (199).
7. - Books and Pamphlets Relating to New Netherland and the Dutch West India Company, Bibliographical and Historical Essay on the Dutch, G. M. Asher. Amsterdam, 1854-67.
8. - Books Relating to America, Catalogue of, F. Muller. Amsterdam, 1850.
9. - Books Relating to America, Dictionary of, J. Sabin. New York, 1868 -. 19 vols. to date.
Books: for Dutch, relating to New Netherland, see also Critical Essay accompanying New Netherland, Fernow, in Narr. and Crit. Hist., IV (49), and footnotes to Hist. of New Netherland, O'Cal- laghan (382) and to Hist. of New York, Brodhead (405).
10. - Boundaries of the State of New York, List of Documents, etc., Relating to the, in the New York Public Library, compiled by A. R. Hasse. N. Y. Pub. Lib. Bulletin, IV, 11.
11. - Brooklyn, Check List of the Works Relating to the History of, and of other Places on Long Island now included in the City of New
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BIBLIOGRAPHY
York in the New York Public Library in N. Y. Pub. Lib. Bulletin, VI, 3.
12. - Chronology, [English] Colonial, . .. from the close of the Fif- teenth Century to the Present Time. H. J. Robinson. London, 1892.
13. - Churches, List of Works on the, and the Ecclesiastical History of New York City in the New York Public Library in N. Y. Pub. Lib. Bulletin, V, 5.
14. - Colonization, etc., List of Books Relating to the Theory of, in the Library of Congress. A. P. C. Griffin. 2d ed. Washington, 1900.
15. - Commissions and Instructions, Bibliographical List of, Given to English Colonial Governors. Compiled by E. B. Greene, in Amer. Historical Review, III (52).
16. - County and State Histories, Check List of American, in the New York Public Library in N. Y. Pub. Lib. Bulletin, V, 11.
17. - Documents in Europe, Final Report as Agent of the State of New York to Procure and Transcribe, Relative to the Colonial History of the said State. J. R. Brodhead. Albany, 1845. Senate, No. 47. [Contains a calendar of the documents afterwards printed in Col. Docs. (398).]
18. - Historical Papers and Parchments, Catalogue of, received from the Office of the Secretary of State and deposited in the New York State Library. Albany, 1849.
19. - Historical Societies, Bibliography of American, (The United States and Canada). A. P. C. Griffin. 2d ed. Washington, 1907. - Annual Report of Amer. Hist. Association, 1905, Vol. II. 20. - Long Island, Bibliography of, H. Onderdonk, Jr., in Antiquities of Long Island, Furman (285).
21. - MSS., Dutch, Index to Vols. I, II, and III of translations of, in the Office of the Secretary of State of the State of New York. E. B. O'Callaghan. Albany, 1870. [Alphabetical Index to MSS. now in the State Library.]
22. - MSS. in the New York State Library, Annotated List of the Prin- cipal, State Library Bulletin History 3. Albany, 1899.
23. - MSS. relating to the history of New Netherland and New York in the New York Public Library : List of Manuscript Collections, etc., in N. Y. Pub. Lib. Bulletin, V, 7.
24. - Maps, Epoch, Illustrating American History. A. B. Hart. New York, 1892.
25. - Maps in the New York Public Library, List of, in N. Y. Pub. Lib. Bulletin, IV, 6.
26. - Maps of America in the Library of Congress, List of the, P. L. Phillips. Washington, 1901.
27. - Municipal and other Documents Relating to New York City,
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BIBLIOGRAPHY
Check List of the, in the New York Public Library in N. Y. Pub. Lib. Bulletin, V, 1.
28. - New Jersey, Analytical Index to the Colonial Documents of, in the State Paper Offices of England. Compiled by H. Stevens; ed. by W. A. Whitehead. New York, 1858. - Collections of N. J. Hist. Soc., V.
29. - New York City History, List of Works Relating to, in the New York Public Library in N. Y. Pub. Lib. Bulletin, V, 3.
30. - New York Colonial History, Bibliography of, C. A. Flagg and J. T. Jennings. N. Y. State Library Bulletin 56. Albany, 1901.
31. - New York, Works Relating to the State of, in the New York Public Library in N. Y. Pub. Lib. Bulletin, IV, 5, 6.
32. - O'Callaghan, Edward Bailey, J. G. Shea in Mag. of Amer. Hist., V (303) [Includes a list of O'Callaghan's many works relating to the history of New York].
33. - Public Record Office, British, and Materials in it for Early Ameri- can History. W. N. Sainsbury in Amer. Antiquarian Society Proceedings, New Series, VIII.
Public Record Office, for documents in, see State Papers, Calen- dar of, (485).
34. - Views, Engraved, of New York City in the New York Public Library, List of, in N. Y. Pub. Lib. Bulletin, V, 6.
35. - Views of New Amsterdam, List of, in Books. Relating to New Netherland, Asher (7).
36. - Views of New York City, Catalogue of Plans and, from 1651 to 1660, exhibited at the Grolier Club. New York, 1897.
GENERAL LIST
37. - Aboriginal Monuments of the State of New York. E. G. Squier in Smithsonian Institute Contributions. Washington, 1851.
38. - Aboriginal Occupation of New York. W. M. Beauchamp. Albany, 1900. N. Y. State Museum Bulletin 32.
39. - Acadia [with bibliography]. C. C. Smith in Narr. and Crit. Hist., IV (49).
Acadia : see Nova Scotia, Haliburton (429).
40. - Albany, Annals of, 1609-1658. Ed. by J. Munsell. Albany, 1850-59. 10 vols.
41. - Albany, Collections on the History of, [Ed. by J. Munsell]. Al- bany, 1865-71. 4 vols.
42. - Albany, Early Records of the City and County of, and Colony of Rensselaerswyck, 1656-1675. Trans. and ed. by J. Pearson. Albany, 1869, and in Collections, Munsell (41).
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BIBLIOGRAPHY
43. - Albany, New York, The History of the City of, from the Discovery of the Great River in 1524. ... A. J. Weise. Albany, 1884.
44. - Alexander, Sir William, and American Colonization. ... F. Slafter. Boston, 1873. Prince Society Publications.
45. - Algonquian Series : Researches Relating to the Early Indians. . . . W. W. Tooker. New York, 1901. 10 vols.
46. - Allerton Family, A History of the, in the United States. W. S. Allerton. New York, 1888.
47. - Allerton, Memoir of Isaac, L. Bacon in Mass. Hist. Soc. Collec- tions, 3d Series, VII.
48. - America, Being the Latest and most Accurate Description of the New World. ... J. Ogilby. London, 1671.
49. - America, Narrative and Critical History of, [Associated Authors]. Ed. by J. Winsor. Boston, 1886-89. 8 vols.
50. - American Historical Magazine. New York. 1906 -. Bi- monthly.
51. - American Historical Register and Monthly Gazette of the Patriotic- Hereditary Societies of the United States of America. Ed. by C. H. Browning. Philadelphia, 1894-97.
52. - American Historical Review. New York, 1895 -Quarterly .- In- dex to Vols. I-X, 1895-1905. D. M. Matteson. New York, 1906.
53. - American History, Basis of, 1500-1900. L. Farrand. New York, 1904. - American Nation, II (55).
54. - American History Told by Contemporaries. Ed. by A. B. Hart. New York, 1897-1901. 4 vols. - Vol. I, Era of Colonization, 1492-1689.
55. - American Nation, The, A History from Original Sources by As- sociated Scholars. Ed. by A. B. Hart. Vols. I-VII, 1300-1763. New York, 1904, 1905.
56. - Andros Tracts, The, Ed. by W. H. Whitmore. Boston, 1868- 74. 3 vols. Prince Society Publications.
57. - Anthology of New Netherland, or Translations from the Early Dutch Poets of New York, With Memoirs of their Lives. ... H. C. Murphy. New York, 1865.
58. - Antinomianism in the Colony of Massachusetts Bay. [Including Welde's Short Story, etc.] 1636-1638. Ed. by C. F. Adams. Boston, 1894. - Prince Society Publications.
59. - Architecture, Historical Account of the Early, of this City [New York] Anon., in Valentine's Manual, 1861 (508).
60. - Assemblies, Origin of Legislative, in the State of New York. E. B. O'Callaghan. Albany, 1861. Also as Introduction to Journal of the Legislative Council (141).
61. - Assembly of the Colony of New York, Journal of the Votes and
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