USA > New York > New York City > History of the city of New York : its origin, rise, and progress. Vol. I > Part 31
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All at once, and from every side, complaints began to pour in upon the Duke concerning Andros. It was insinuated that he favored Dutchmen in trade, made laws hurtful to the English, detained ships unduly for private reasons, and admitted Dutch vessels to a direct trade, or traded himself in the names of others. Moreover, James was receiving constant offers to farm his revenue in New York, which differed " so vastly " from the accounts rendered by Andros, that he commissioned John Lewin as an agent to inspect all accounts and learn the true condition of affairs in his province. At the same time, he ordered Andros to report immediately 1681. in person. The latter, though surprised, was too good a soldier Jan. 6. not to obey the summons to the very letter. He committed the government to Lieutenant-Governor Brockholls, and sailed January 6, 1681, leaving Lady Andros (as he fully expected to return) in New York.
While he was on his voyage to England, a royal parchment founded
1 Clarke's James II., I. 588-600. Col. Doc., III. 284, 285. Chalmer's Annals, I, 240 - 626. Force's Tracts, IV. No. IX. Brodhead, II. 340 -342.
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RECALL OF ANDROS.
the State of Pennsylvania. The subtle William Penn had petitioned the king for a region of wild land in North America, with a vague and unde- fined boundary, in payment of the debt due to his father's estate ; and, with shrewd geographical judgment, he had drafted his own patent. Lord Sunderland, Lord Baltimore, and other gentlemen, to whom the matter was referred, attempted to oppose this monstrous demand ; but Penn, having won over to his interests both the king and the Duke, soon accomplished his end. The charter of Pennsylvania, as it passed the Great Seal, granted to William Penn all the powers of a feudal chief, - the making of laws and the execution of the same, the appointment of officers, etc. But all laws were to be subject to the approval of the free- men of his province, and to the pleasure of the king; and no taxes were to be levied nor revenues raised, except by a Provincial Assembly. The supreme power of the Parliament of England was acknowledged in the matter of regulating commercial duties.
After the departure of Governor Andros, New York was in great con-
fusion. He had by accident, in the multiplicity of duties, omitted to renew by a special order the Duke's customs View of East River Shore above Water Gate. (From a pencil-sketch by Dankers and Sluyter.) duties, which had expired the November before by their three years' limitation, which was un- fortunate indeed. This oversight having been discovered by the traders, they refused to pay duties upon what they imported into the prov- ince. Neither did they abate to consumers a farthing from the prices of the goods they were selling. Brockholls and his council decided that there was no power to continue expired taxes without orders from his Royal Highness. The question produced almost a colonial revolution. New Jersey was prospering under free-trade, at the expense of New York. Collector Dyer, at this time mayor of the city, was sued for detaining goods for customs, and forced to deliver them without payment. On the
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HISTORY OF THE CITY OF NEW YORK.
back of this he was accused of high treason for having levied the duties, committed to prison, and arraigned before a court specially summoned for his trial. His indictment was for "traitorously exercising regal power and authority over the king's subjects." A jury was sworn, and twenty wit- nesses were examined for the prosecution. Dyer pleaded " not guilty," and challenged the authority of the court. He refused to surrender the seal of the city and his commission as mayor, because he had received them from their common superior, Andros. The court finally decided to send him to England, to be dealt with as the king should direct; and his accuser, Samuel Winder, was required to give five thousand pounds secu- rity to prosecute him in England. John West, the clerk of the court, excused its irregular action, because of " the novelty of the charge of high treason, and the present discord in the government here."
It was soon noised about, that, in the new province of Pennsylvania, established by the king, no laws could be passed or revenue June. levied without the assent of a majority of colonial freemen represented in a local assembly. The old Dutch principle of "taxation only by consent " was quickly revived in New York. The jury which indicted Dyer declared to the Court of Assizes that the want of a Pro- vincial Assembly was a grievance. The clamor became so loud and determined, that John Younge, the high sheriff of Long Island, was appointed to draft a petition to the Duke, and his work was adopted by the court. It represented that the inhabitants of New York had, for many years, groaned under inexpressible burdens by having an arbi- trary power used and exercised over them, whereby a revenue had been exacted against their wills, their trade burdened, and their liberty en- thralled, contrary to the privileges of a royal subject; so that they had become a "reproach " to their neighbors, who were flourishing "under the fruition and protection of the king's unparalleled form and method of government in his realm of England." The Duke was therefore besought to rule his province henceforth through a governor, council, and assembly, -the latter to be duly elected by the freeholders of the colony, as in the other plantations of the king.
Brockholls wrote to Andros by the same vessel which conveyed Dyer, July 21. as a prisoner, and this petition to the Duke, that the customs
were wholly destroyed and the province in the most terrible disorder. Meanwhile, Andros, on reaching London, had sent back an order to Brockholls to act as receiver-general of all the Duke's revenues ; but his afterthought came too late. The mischief had been done. Brock- holls, from lack of energy or some other cause, conveniently shirked the duty of meddling with the insolent tax-payers. Trade was sub-
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ALMOST A COLONIAL REVOLUTION.
stantially free. Disorderly gatherings were held in various places, par- ticularly on Long Island, and peace and quiet were seriously dis- turbed. Brockholls suspended Derval from the council for impertinence ; and, in the absence of Secretary Nicolls and Collector Dyer, his only advisers were Frederick Philipse and Stephanus Van Cortlandt. Much of this spirit of insubordination arose from the Duke's own act, in recall- ing Andros, and sending over Lewin, as a sort of private detective. The latter, stupid and incompetent, was often insulted to his face, and his proceedings were branded as unlawful. When he returned to London, in December, he was examined by Churchill and Jeffreys. Dec. Secretary Nicolls and Collector Dyer were also questioned. The result was that Andros was exonerated from all blame whatsoever. He was even complimented upon the marvelous success of his administration and made a Gentleman of the king's Privy Chamber. As this honor required him to live near London, he sent to New York for Lady Andros to join him in their ancient home.
However much in after years Sir Edmund may have merited the appellation of "the tyrant of New England," he seems to have gov- erned New York with wisdom and moderation. The position had its peculiar temptations ; and besides, he was the executive servant of one of the most obstinate of men, -- one who had no proper estimate of character and who was blind to universal principles. If, in trying to rule a mixed community of different nationalities, proclivities, and opinions, a faulty, imperious temper occasionally obtained ascendency over sober judgment, we can grant some measure of indulgence, in view of all the circumstances of the case. Andros was unquestion- ably diligent and sagacious ; and he did much towards bringing New York into a healthy political and financial condition. Certain it is, that, when he laid down the staff of office, anarchy followed almost imme- diately.
Collector Dyer, after waiting in vain in London for his prosecutor to appear, petitioned the king to be honorably acquitted; and the petition was granted. In recompense for his losses, he was afterwards appointed surveyor-general of the customs in America. 1682.
Long Island seems to have been a constant source of care and trouble to New York. In February, two prominent justices of the peace, Richard Cromwell and Thomas Hicks, were arrested for disaffec- Feb. 17. tion to the government, and bound over for trial at the next Court of Assizes. The minister of Huntington was "dealt with " for denying baptism to the children of those whom he charged with "loose lives." At Staten Island, and at Albany, there was trouble about their clergy-
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HISTORY OF THE CITY OF NEW YORK.
men. In the city of New York, the patriarch Dominie Van Nieuwen- huysen had gone to his rest; and the consistory of the Dutch church called, as his successor, Dominie Henricus Selyns, who returned to America, and entered upon a new and laborious service. There were a multitude of petty disturbances. Connecticut revived the boundary
May 11. question. Frederick Philipse, having bought a tract of land, embracing Sleepy Hollow, and prepared to build a mill upon it, was informed that the Connecticut line ran to the south and west of his property. Thereupon a lively dispute arose between the gov- ernors of the two provinces. Brockholls knew that Connecticut was never to approach within twenty miles of the Hudson River, and pro- nounced the affair an attempt at swindling. Of course, the question was, in the end, referred to the Duke and the king.
Meanwhile, William Penn, with the aid of Algernon Sidney, drew up and published for Pennsylvania a form of government and laws, the large benevolence of which presented a model worthy to be carefully studied by the Duke. Charles dissolved Parliament, being firmly resolved to govern thenceforth without one, and to stand up boldly against those who plotted to exclude James from the throne. The latter ventured to return again from Scotland; and the royal brothers had many conver- sations about New York. It was clear, that, in order to collect a revenue in that province, an Assembly must be granted. It was simply a ques- tion of finance. The property was now a mere drain upon the Duke's purse. He talked seriously of offering it for sale. "No," said William Penn, with his Quaker hand laid lovingly on the shoulder of his Catholic friend, "keep the province, and give it the franchise."
When James had once made up his mind to act upon this closet ad- vice, he was not slow in putting his plans in execution. He fixed Sept. 30. upon Thomas Dongan as his future governor. This gentleman was a Roman Catholic; but his experience in France (where he had commanded an Irish regiment under Louis, during the French and Dutch war), and his general knowledge of the French character, were powerful recommendations at the present moment, when the delicate relations be- tween New York and Canada required the most consummate diplomacy on the part of the English. He was the younger son of Sir John Don- gan, an Irish baronet, and nephew to Richard Talbot, Earl of Tyrconnel. He was trained to the profession of arms, and had distinguished himself on many occasions. He had recently been lieutenant-governor of Tan- gier, in Africa.
His appointment was confirmed a few days after the first mention of his name in this connection, and a commission was executed similar to
"The property was now a mere drain upon the Duke's purse. He talked seriously of offering it for sale. 'No, ' said, William Penn, with his Quaker hand laid lovingly on the shoulder of his Catholic friend, ; ' keep New York, and give it the franchise. ' " Page 208.
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THE TRIUMPHAL MARCH.
that given to Andros; only, New Jersey was excepted from his juris- diction. The eastern boundary of New York was still declared to be the western bank of the Connecticut River. His special instructions con- tained an order to call a General Assembly.
His departure for New York was delayed for some time. Another New Jersey episode required the attention of James and his min- isters. The grantees under the will of Sir George Carteret had 1683. conveyed East New Jersey to William Penn, Thomas Rudyard, and ten other Quakers; and these twelve proprietors had each sold half his inter- est to a new associate, thus introducing, among others, the Earl of Perth, the Earl of Melford, and Robert Barclay, the famous author of the " Apology." Barclay was appointed governor, with leave to execute his office by deputy ; and he sent, as his representative, Thomas Rudyard, to whom Philip Carteret resigned his authority.1 The twenty-four proprie- tors, wishing to make their title more secure, asked of the Duke a special grant, which was finally executed, with an order from the king command- ing all persons concerned in the said province of East New Jersey to yield obedience to its lawful owners.
Dongan then sailed, and, arriving at Nantasket in August, completed his journey by land. A number of gentlemen crossed the sea with him, and others hurried from New York to greet him and Aug. 10. escort him through the country. Thus, the traveling party was quite an imposing one. They crossed from Connecticut to Long Island and
stopped in the most important towns by the way. Everywhere, Aug. 25. the people were assured that henceforward their rights as British subjects should be respected, and no taxes should be imposed but by a Legislature of their own choosing. The current of popular feeling set strongly in favor of the new governor. He was easy and affable, and personally mag- netic. His sentiments met with the heartiest applause from all classes. His progress through the country was one triumphal march, and the city itself was in ecstasies at his arrival.
On Monday morning he appeared before the mayor and aldermen at the City Hall, and published his commission and instructions. Aug. 27. On Tuesday a dinner was given to him by the corporation. Aug. 28.
1 Philip Carteret died shortly after this event, and was buried in New York. His wife was the daughter of Richard Smith, the patentee of Smithtown, and the widow of William Lawrence of New York. She was a lady of more than ordinary endowments and strength of character, and was frequently intrusted with the affairs of the government of New Jer- sey during the absence of her husband. He was at one time in Europe for several months, and the acts of that period are recorded as "passed under the administration of Lady Eliza- beth Carteret." Whitehead's East New Jersey, 85. Hatfield, 212, 213. Brodhead, II. 368. Thompson's Long Island.
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HISTORY OF THE CITY OF NEW YORK.
CHAPTER XVII.
1683 - 1686.
GOVERNOR THOMAS DONGAN.
GOVERNOR THOMAS DONGAN. - MAYOR WILLIAM BEEKMAN. - WILLIAM PENN IN NEW YORK. - THE FIRST NEW YORK ASSEMBLY. - LAWS ENACTED BY THE ASSEMBLY. - THE NEW YORK COURTS. - THE ACTS OF THE ASSEMBLY. - NEW YORK CONTENTED AND PROSPEROUS. - DOMINIE SELYNS'S PARSONAGE. - THE IROQUOIS A WALL OF DE- FENSE. - A BRUSH WITH CONNECTICUT. - PLOT TO ASSASSINATE CHARLES II. AND THE DUKE OF YORK. - CONFUSION IN ENGLAND. - ARGUMENTS IN THE PRIVY COUNCIL. - ARBITRARY MEASURES. - THE CITY CHARTER. - THE SABBATH QUESTION IN 1684. - HOTELS AND THEIR GUESTS. - FUNERAL CUSTOMS. - POWDER MAGAZINE. - LORD EF- FINGHAM IN NEW YORK. - THE GREAT INDIAN CONFERENCE. - THE AUSPICIOUS NEW YEAR. - THE SUDDEN REVULSION. - THE DEATH OF CHARLES II. - SCENES AND INCI- DENTS. - JAMES II. PROCLAIMED KING OF ENGLAND. - THE NEW KING'S PROMISES. - THE GRADUAL GRASP OF POWER. - INCONSISTENCIES OF JAMES II. - EFFECT UPON NEW YORK. - JURIES IN 1685. - MASON AND DIXON'S LINE. - WILLIAM PENN'S IN- FLUENCE AT COURT. - THE DONGAN CHARTER. - NEW CITY SEAL. - THE ALBANY CHARTER. - THE LIVINGSTON MANOR. - PHILIP LIVINGSTON.
G OVERNOR THOMAS DONGAN was about fifty years of age, and a bachelor. He had broad intelligent views on all subjects of general interest. He was, moreover, an accomplished politician. Perhaps 1683. we do not often enough reflect how effectively the spirit of one
man, or of a few men, may decide the destiny of a state. Cool tempers and wise heads possess great power to give direction to the com- mon mind. This was a remarkable period. New York was passing through a crisis. Dongan was essentially a man for the times. He was a ready talker, bland and deferential to his associates, and fitted to in- spire confidence in all around him. He has been justly classed "among the best of our colonial governors." 1
One clause in his instructions provided for the appointment of Fred- erick Philipse and Stephanus Van Cortlandt as members of his council. It also required him to summon other eminent men, to the number of
1 Some years after, Governor Dongan succeeded to the Earldom of Limerick. . At his death, his estates in America were settled upon three nephews, John, Thomas, and Walter Dongan, from whom those of the name in New York have descended.
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MAYOR WILLIAM BEEKMAN.
ten, to be sworn into his service as counselors. John Spragg was ap- pointed secretary of the province, in the place of John West, who had filled the office temporarily. West was an energetic and prosperous lawyer : he married Anna, the daughter of Lieutenant-Governor Rudyard of East New Jersey.1 Lucas Santen was made collector of the reve- The mayor of the city in 1683, was William Beekman,2 and he, nues.
with Stephanus Van Cortlandt, Lucas San- ten, Gabriel Minvielle, and Captain Mark Talbot, were appointed a committee to re- port upon the condition of Fort James. Brockholls and Matthias Nicolls were di- rected to catalogue the provincial records.
As soon as the matters of first necessity were settled in the metropolis, Sept. 13. Dongan hurried to Albany. The direct occasion of this sudden trip was a rumor that William Penn was attempting to secure to himself the Upper Susque- hanna Valley. He had actually com- missioned two agents to treat with the Indians about the purchase. One of these, James Graham, an alderman of Beekman House, Rhinebeck. New York, was already in Albany on this business when Dongan arrived from England. Nothing less than a per- sonal investigation of the whole matter could enable the new governor to pronounce upon its justice. Penn himself was in Albany, and the two gentlemen held a long conference. The question was a difficult one, since they were both subjects of the same master. Dongan, however, ordered a stop to all Penn's proceedings until the vexatious boundary between New York and Pennsylvania should be arranged; and then courteously invited the wily Quaker to his house in New York, where he entertained him for several days. Penn was engaged in a similar con- troversy with Lord Baltimore, the proprietor of Maryland, and when he left New York it was to push his claims to territory in that direction.
1 Thomas Rudyard was an eminent London lawyer. He died abroad in 1692. His daugh- ter Anna married, for her third husband, Governor Andrew Hamilton of Pennsylvania. His daughter Margaret married Samuel Winder, the prosecutor of Collector Dyer. Col. Doc., III. 351.
2 William Beekman purchased all the region of Rhinebeck from the Indians, and built a small stone house, which is still standing. The bricks of the chimney were imported from Holland. . The place was named from the river Rhine in Europe, upon the bank of which Beekman was born.
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HISTORY OF THE CITY OF NEW YORK.
In October, the Mohawks visited Fort James, and agreed to give the
" Susquehanna River " to New York. Dongan informed Penn at. October. once of the fact, " about which," he adds, " you and I shall not fall out ; I desire we may joine heartily together, to advance the interests of my master and your good friend." But Penn cared less for his " good friend's " interests than his own ; and when, a year later, he asked Don- gan's intervention in his difficulty with Lord Baltimore, he also requested permission to treat with the New York Indians for their Susquehanna territory. " Mr. Penn has already more land than he can people these many years," replied Dongan, and coldly dismissed the Quaker agents. The consequence was soon apparent. Penn became at Whitehall, whither he returned to keep up his interest at court, Dongan's bitterest enemy.1
The most important event of the year 1683 was the institution in New York of the long-desired colonial Assembly, by which the Duke of York allowed the inhabitants to participate in legislation. He retained in his own hands the power to appoint a governor and counselors, and thus maintained a certain degree of colonial subordination ; but he granted to the new legislative body " free liberty to consult and debate among them- selves in all affairs of public concern," and to make laws, which, if ap- proved by the governor, were good and binding until confirmed or rejected by himself. In one respect, he inaugurated a more democratic govern- ment than was enjoyed in the chartered colonies of New England ; for he gave to freeholders the right to elect their own representatives in an Assembly. He had watched those Puritan oligarchies with interest, and perceived that they were administered for the chosen few, and not for the unprivileged many. He abhorred all laws which made distinctions in religion. But he directed that such as were enacted in his province should be as similar as possible to those in force in England.
Dongan issued writs for an election; and New York, Long Island, Staten Island, Esopus, Albany, Rensselaerswick, Pemaquid, and Martha's Vineyard proceeded to choose representatives. There was some show of dislike to a Roman Catholic governor among the remote Puritan towns on Long Island ; but the elections, for the most part, went on quietly ac- cording to the method prescribed by the governor and council. Eighteen assemblymen were returned, the majority of whom were Dutch.
It was a memorable day in the history of New York, when the repre- sentatives of its freeholders first met together under British rule. Oct. 17. They took their seats on the 17th of October. Matthias Nicolls was chosen speaker; and John Spragg, clerk. They sat for three weeks,
1 Proud, I. 276. Penn. Arch., I. 76-84. Council Min., V. 10, 11. Doc. Hist., I. 262, 263. Col. Doc., III. 341 - 422. Colden, II. 64.
ACABOSI RIXI
1 Bollette
" 'Mr. Penn has already more land than he can people these many years, ' replied Dongan, and coldly dismissed the Quaker agents." Page 302.
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Beech
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THE NEW YORK COURTS.
and passed fourteen several acts, each of which, after three readings, was approved by Dongan and his council. The first and most important of these was "The charter of Liberties and Privileges" granted by the Duke. It was simply and clearly worded in good Saxon English,1 and embraced the main features of self-government and self-taxation which the people had so earnestly desired. The usual privileges of Parliament were con- ferred on the members of the Assembly. Entire freedom of conscience and religion was guaranteed to all peaceable persons who professed faith in God. And, in consideration of " many gracious and royal favors," and for the necessary expenses of the government, to the Duke and his heirs were granted certain specified duties on importations. The latter act was declared to be in force directly after its publication, which took place at the City Hall early on the morning of October 31. Oct. 31. Dongan by proclamation ordered all persons to report dues to Collector Santen.
The Assembly divided New York into twelve counties. But two of them, Duke's and Cornwall, embracing Nantucket and Martha's Vineyard, Elizabeth Island, No Man's Island, and Pemaquid, with the adjacent islands, were soon after ceded to other governments. Another important act was " to settle Courts of Justice." Four distinct tribunals were es- tablished in New York : Town Courts, for the trials of small causes, to be held each month ; County Courts, or Courts of Sessions, to be held quar- terly or half-yearly ; a General Court of Oyer and Terminer, with original and appellate jurisdiction, to sit twice every year in each county ; and a Court of Chancery, to be the Supreme Court of the province, composed of the governor and council, with power in the governor to depute a chancellor in his stead, and to appoint clerks and other officers. But any citizen might appeal to the king from any judgment, according to a clause in the patent to the Duke of York. The first judges of the New York Court of Oyer and Terminer appointed by Dongan were Matthias Nicolls and John Palmer, both of whom had been bred to the law in England.
A significant law for naturalizing foreigners was enacted. Louis XIV. was driving out of France all of his subjects who refused to acknowledge the Pope of Rome as the only Vicar of Christ, and numbers of the refugees were already in New York. Strangers from other lands were constantly arriving. The Assembly, as if imbued with the spirit of
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