USA > New York > New York City > History of the city of New York : its origin, rise, and progress. Vol. II > Part 9
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Burr was the pastor of the First Presbyterian Church in Newark for twenty years, as well as president of the college, which his toil and tact fostered into a healthy growth. His son, Aaron Burr, the future New York lawyer, and Vice-President of the nation, was born in the old parson- age on Broad Street in that city, February 6, 1756.
Clinton grew more and more impatient to return to England. He at- tributed his rheumatic sufferings and general debility to the sever- 1753.
ity of the New York winters. The cold was so intense during nearly all the month of January, 1753, that heavily laden sleighs drawn
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by two and even four horses, passed backward and forward on the ice be- tween New York and Long Island. Spring found him ill and depressed. He was in no humor to worry over the problems which were constantly awaiting solution. He was weary of boundary jangles, and they just now seemed bursting out afresh. New Hampshire had been encroaching for some time past. Governor Wentworth issued grants in the unknown re- gion about Lake Champlain, which contained scarcely an inhabitant at the time of the peace of Aix-la-Chapelle, with the expressed intention of extending his province until it met with another province. The result was a protracted quarrel between the two governments, and unpardonable dis- orders in that remote territory. Massachusetts all at once exhibited signs of greediness, and Robert Livingston, elder son of the late Philip Livings- ton, was disturbed in the possession of the eastern part of his manor. All through the months of April, May, and June, 1753, he was arresting persons for trespass, and resorting to actions for ejectment, and sending petition after petition to the New York government for protection in his rights and property. Serious riots occurred. Van Rensselaer on one occasion sent a messenger in great haste to notify Livingston that the Massachusetts people had threatened to take him dead or alive; and the servants about the manor-house were armed and placed on guard. The point, whether the boundary of the manor of Livingston was within the province of New York, was submitted to Colden, the surveyor-gen- eral, and he decided in the affirmative. Whereupon, David Jones, John Thomas, Paul Richard, William Walton, Henry Cruger, and John Watts, all members of the Assembly, were appointed to defend New York against both New Hampshire and Massachusetts.
The clouds had never lifted along the northern and northwestern fron- tier. Actual war had ceased, but scalping parties roved about at will. Sir William Johnson had been appointed to the Council in the place of Philip Livingston, deceased, and was in the confidence of both Houses. Much was expected of him in the matter of appeasing the wrath of the Mohawks, which was constantly being roused by acts of trespass and otherwise. And he accomplished much. But towards the close of the session of the Assembly on the 4th of July, Clinton was importuned to make a journey to the Indian country, to help settle the differences, and testily revealed the secret that he was in daily expectation of a suc- cessor, and should then sail for England.
It was October (7th) before the new governor arrived. Sir Danvers Osborne had been a member of Parliament from Bedfordshire; he was a brother-in-law of the Earl of Halifax. The day was Sunday, and as Clin- ton was at his country-seat in Flushing, Counselor Joseph Murray, whose
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SIR DANVERS OSBORNE.
wife was a daughter of Governor Cosby, and a distant relative of the late Lady Osborne, received and entertained the baronet at his own resi- dence.
On Monday Clinton came into town and waited upon Sir Danvers with much ceremony. An elegant dinner was given to the two governors by the Council, at which the mayor, corporation, and several prominent citi- zens were present. On Wednesday morning the chief actors in the drama assembled in the Council Chamber, and Clinton administered the oaths of office to Osborne, and delivered to him the seals; at the same time de- livering (much against his will) to Chief Justice De Lancey the commis- sion of lieutenant-governor. These preliminaries completed, a procession was formed, according to ancient usage, to conduct the new executive to the City Hall, that his commission might be read to the people. They had scarcely passed from the fort into Broadway, when the news of De Lancey's triumph was whispered abroad, and there was a tumultuous huzza of popular pleasure. The rabble crowded upon the procession and insulted Clinton so grossly that he was obliged, to his intense mortification, to retire from the party and take refuge in the fort. Osborne walked along beside the counselors grave and somewhat agitated, and apparently atten- tive to the noisy shouts of gladness with which De Lancey was greeted on every side. After his return to the Council Chamber he received the address of the city corporation. One passage in it seemed to disturb him. It was, " We are sufficiently assured that your Excellency will be as averse from countenancing, as we from brooking, any infringements of our estima- ble liberties, civil and religious."
He remarked to Clinton, "I expect like treatment to that which you have received before I leave this government."
A grand dinner was given to the two governors and the gentlemen of the Council by the corporation, the same afternoon. In the evening the city was illuminated, cannon fired, bonfires lighted, and fireworks dis- played. The whole city seemed in a wild delirium of joy. Sir Danvers retired to his room gloomy and sad, and was apparently disinclined to converse with any one. The next morning he rose early, before the family were about, and alone strolled among the markets, and took a rapid walk through nearly all the streets in the city. At dinner, he complained of being unwell, and said with a smile to De Lancey, “I believe I shall soon leave you the government ; I find myself unable to support the burden of it."
He convened the Council that day, and was somewhat embarrassed when he found that the gentleman who had the key of his cabinet had stepped out. He was anxious to show his instructions from the king. He said
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he was strictly enjoined to insist upon the permanent revenue, and asked the gentlemen what they thought of the prospect of success. The unanimous opinion promptly expressed, was that the Assembly of New York never would submit to such a demand. With a distressed counte- nance he turned to William Smith, who had as yet remained silent, and asked, "What, sir, is your opinion ?" "That no such scheme can ever be enforced," was the reply. The governor sighed, turned about, and leaned his head against the window casement, and exclaimed, "Then what am I sent here for ?"
In the evening he was quite unwell, and a physician was summoned. He conversed with him in a dejected manner for a few minutes and then retired to his chamber. At midnight he dismissed his servant. As was subsequently discovered, he spent the remainder of the night in burning his private papers and regulating other affairs. A small sum of money borrowed since his arrival was carefully wrapped in a paper and directed to the lender. Just as the day began to dawn he went into the garden, to the right of the house, which was surrounded by a high fence ; upon the top of this fence was a row of large nails, inverted, to exclude thieves, and over which he cast a silk handkerchief tied at the opposite ends, and proceeded to elevate his neck into it through the aid of a board upon which he stood.
About eight o'clock the city was stunned by the shocking intelligence that " the governor had hanged himself." He had indeed been found quite dead. His body was removed to the house and the counselors quickly summoned. His private secretary, Thomas Pownal, testified that the baronet had been melancholy ever since the loss of his wife, of whom he was passionately fond, that he had once attempted his life with a razor, and that the Earl of Halifax, in obtaining his appointment to the governorship of New York, hoped that an honorable and active station would so occupy his mind as to alleviate his sorrows. The mayor, James Alexander, and Judge Chambers were appointed to take deposi- tions concerning the facts and circumstances attending his death, and the jury found that he had destroyed himself in a moment of insanity. Rev. Mr. Barclay was desired by the counselors to read the burial service, and objected, as the letter of the rubric forbids the reading of it over any who lay violent hands upon themselves. But after mnuch discussion it was decided, that, as Sir Danvers was insane, his remains were as much entitled to Christian burial as those of a man who had died in high fever.
He was accordingly consigned with appropriate funeral ceremonies Oct. 14. to Trinity Church, on Sunday, October 14, just one week from the date of his landing in the city.
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LIEUTENANT-GOVERNOR DE LANCEY.
The counselors left the chamber of death on Friday morning, and pro- ceeded quietly and sadly to the fort, where Chief Justice De Lancey took the oath of lieutenant-governor; his commission, after being read in Council, was published only before the fort-gate, without parade or show, because of the tragic event which had just occurred. The commission of Sir Danvers, together with his seals and instructions, was obtained by order of the Council from Thomas Pownal.
The agitation of the great question concerning the permanent revenue was at its height when De Lancey found himself thus unexpectedly called to the chief command of the province. Of the instructions given by the crown to Osborne, and which his office compelled him to obey, the thirty-ninth enjoined in the strongest terms upon the executive to insist upon " a permanent revenue, solid, indefinite, and without limitation." The difficulty of the position was only equalled by its delicacy. De Lancey's tact and statesmanship were now given full play. He had repeatedly advised the Assembly never to submit. He did not wish to appear inconsistent. But as an officer of the crown he must urge obedi- ence with seeming sincerity, at least.
In his opening speech he communicated the obnoxious instructions, after having paid a graceful and eloquent tribute to Sir Danvers Oct. 30. Osborne, - lamenting his death as a public loss because of his
birth, connections, liberal education, and distinguished character.
But
the language was so well chosen that while De Lancey convinced the Ministry that he was zealous in the promotion of the interests of the crown, he gave the Assembly to understand that he should by no means require compliance with the instructions. He was diffuse on the subject of obedience to royal authority, and eloquently recommended that the support-bills should be framed in such a manner that he could act in relation to them consistent with his official duty. The members were unruffled, for they had faith to believe that the genius of the man who had been the chief adviser of the present mode of raising and issuing public money, and who for twenty years had proved himself a lover of his birthplace, and a just judge, would guide them even through the perils of continued opposition.
The response evinced equal care in the method of expression. The House was extremely surprised to find that the public transactions of the colony had been so maliciously represented to the king. There was not a more loyal people in all the British dominions. Wherever peace and tranquillity had been disturbed it had been through the maladministra- tion of the late unworthy governor. De Lancey was complimented upon his known abilities and correct principles, it was promised that nothing
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should be wanting to render his executive career easy and happy, and it was hoped that he would assent to the style of money-bills which had been in practice for the past sixteen years.
Every recommendation of the lieutenant-governor in respect to the care of the frontiers was promptly adopted. It was resolved to assist the neighboring colonies, some of whom had written for aid against the persistent incursions of the French. One of the newspaper editors was prosecuted for republishing that portion of the Assembly's journals con- taining the thirty-ninth instruction, only the substance of which he was ordered to reveal. £ 800 were voted for Indian presents, and £ 150 for De Lancey's voyage to Albany. £ 1,550 were voted for his salary, the present year, a larger sum than ever before given to a lieutenant-gov- ernor. This bill was immediately rejected, and the Assembly admonished to obey the orders of the crown. Consequently no bill providing for the application of public money was passed during the session, the House firmly refusing to arrange for a permanent revenue. De Lancey sent all resolutions, representations, and addresses against the measure to the English Ministry, and when he could do so with propriety, he wrote to the chief powers about the throne, counseling concession to the views and wishes of New York. He continued to decline assenting to the annual bills, which were passed at every future session of the Assembly until 1756, in consequence of which he received no salary during the whole three years. In the spring of that year the Ministry yielded the contested point, and agreed to annual support-bills for the future, direct- ing Sir Charles Hardy, then governor-in-chief, to communicate the change to the Assembly, which he did on the 24th of September. For this triumph New York was indebted solely to the master policy of her gifted son, Lieutenant-Governor De Lancey.
An event of great moment occurred in the spring of 1754. The cele- brated Congress, consisting of delegates from all the colonies, con- 1754. vened, by order of the Lords of Trade, at Albany. The object was to concert measures for the common safety, the French having committed acts of aggression all along the frontiers, and attempted to erect forts on the Ohio.1 The session commenced on the 19th of June, and ter- June 19. minated September 21. Lieutenant-Governor De Lancey presided. Joseph Murray, John Chambers, William Smith, and Sir William John- son were the committee of delegates from the Council. Colonel Myndert Schuyler was the chairman of the Indian commissions at Albany. Sam- uel Wells and John Worthington were among the delegates from Massa-
1 For letters from Lords of Trade, and minutes of proceedings in full, see Doc. Hist. N. Y., II. 545 - 617.
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THE ALBANY CONGRESS.
chusetts, Lieutenant-Governor William Pitkin and Roger Wolcott, Jr. were of those sent by Connecticut, and conspicuous among the represent- atives of New Hampshire, Rhode Island, Maryland, and Pennsylvania, were, respectively, Theodore Atkinson, Stephen Hopkins, Abraham Barnes, and Benjamin Franklin. They were seated in the order of rank, and a finer-looking body of men it would have been difficult to have grouped together in any period of our history. Before them came one hundred and fifty Indian sachems in their richest robes and gayest feathers, glitter- ing with ornaments. Long speeches and liberal presents strengthened once more the barrier of defense upon which New York must rely in the event of another war with France. But the general treaty which the Lords had specially recommended, to comprise all the provinces in one grand union of interests in the king's name, for the purpose of drawing the Indians into closer confidence, was not concluded. A vast amount of important business was transacted; the chronic complaints of the Indians about having been defrauded of their lands, underwent searching examinations, and legal methods were taken to redress their actual or supposed grievances. In many instances the property where they wished to dispose of it was purchased over again by the grantee. De Lancey, who was in favor of the consolidation of the colonies for mutual protec- tion, proposed the building and maintaining at the joint expense a chain of forts covering the whole exposed frontier, and some in the Indian country itself. But the Congress seemed so fully persuaded of the back- wardness of the several Assemblies to come into united and vigorous action, that nothing was accomplished. A federal union of the colo- nies, to be enforced by Act of Parliament, was suggested and discussed. A committee, consisting of one delegate from each province, was ap- pointed to draft a plan. It was shaped by Benjamin Franklin, and sub- sequently sent to the different provinces for consideration. It was in many of its features similar to the Federal Constitution, which Benjamin Franklin assisted in framing at a later period. The seat of government was to be in Philadelphia, which it was said might possibly be reached from either South Carolina or New Hampshire in fifteen or twenty days.1
But the scheme was not adapted to the times. The people opposed it, because it gave too much power to the king. The king rejected it because it gave too much liberty to the people. It met with coldness and dis- favor on all sides, and finally expired. Yet it prepared the public mind to receive and digest ideas of greater magnitude and importance.
For a half-dozen years or more attention had been more than ever
1 Doc. Hist. N. Y., Vol. II. 612 - 616.
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directed to the subject of education, and divers sums had been raised by public lotteries for the founding of a college in New York City. A score of men of vigorous intellects, who had been educated at Yale and else- where, were infusing new life into every department of letters with which they came in contact. The universities of New England were awaking to renewed activity. The college of New Jersey was giving an impetus to scholarship, and graduating young men who were shortly to try their skill in mapping out a republic.1 Libraries and philosophical societies were being formed in various directions. Dr. Colden had just finished a book, the "History of the Five Nations," which was rendering his name famous. Learned scientists from Europe were attracted to our shores, and extended cordial sympathy to every progressive movement. Literary seeds long since dropped here and there in a rich soil, were showing signs of life, and were erelong to bring forth much fruit.
In 1751 it was found that the amount of money accumulated for the college was £ 3,443, and the Assembly passed a bill to appoint ten trustees to take charge of the same; they were to be the elder counselor, the speaker of the House, the judges of the Supreme Court, the mayor of the city, the treasurer of the province, James Livingston, Benjamin Nicoll, and William Livingston. Seven of the appointees were Episcopalians, two were of the Dutch Reformed Church, and the tenth, William Livingston, was a Presbyterian. Shortly afterward, in 1752, the vestry of Trinity
1 Richard Stockton signed the Declaration of Independence. He was one of the notable seven who composed the first class that graduated from the New Jersey (Princeton) College on the memorable day when Rev. Aaron Burr was elected its president, November 9, 1748. He studied law with Judge David Ogden of Newark, N. J., and became one of the most brilliant lawyers at the American bar ; he was one of the few who were so conscientious that he would never engage in a cause except upon the side of justice and honor. He visited England in 1766, where he performed valuable service for New Jersey. Upon his return he was escorted with great ceremony to his residence by the people, by whom he was much beloved. He was a member of the Council, and judge of the Supreme Court. When the British army overran Princeton they ransacked his quiet home, destroyed his library, and cut the throat of his elegant por- trait, which was hanging upon the wall. It is still preserved, with the centennial gash, and hangs where it hung a century ago in the ancient old edifice. His son Richard, born in 1764, was a distinguished lawyer and statesman. He was in Congress for many years, and was several times talked of for the presidency. The son of the latter, Commodore Richard Field Stockton, born in 1796, was a remarkable man. His life was a succession of daring and successful exploits. He was one of the first to advocate a steam navy in this country, and originated a war-steamer which was built under his immediate supervision in 1844, which proved to be superior to any war-vessel at that time afloat, and furnished substantially the model for numerous others, not only in this but in foreign countries. The next year he was sent to the Pacific, and with a small force, amid many romantic and thrilling adventures, he conquered California, and established the government of the United States within her boundaries. He was afterwards a member of the Senate of the United States, where, among other noble deeds, he procured the passage of a law for the abolition of flogging in the navy.
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WILLIAM LIVINGSTON.
Church offered to donate from the estate belonging to their opulent corpo- ration, the site for a college building and necessary grounds.1 In 1753 the trustees of the college invited Rev. Dr. Samuel Johnson, of Stratford, Connecticut, (an Episcopal divine,) to become the president of the pro- posed college, with a salary of £250 per annum; the vestry of Trinity Church having pledged themselves to make a reasonable addition to the sum. He accepted, and opened the college in the autumn with a class of ten, in the large vestry-room of the church edifice. It was expected that Rev. Mr. Whittlesey, a Presbyterian minister from New Haven, would serve under President Johnson as second master of the institution. But Dr. Johnson's son acted as tutor, and at his death soon after, an Eton and Cambridge student was installed in the position, and Mr. Tredwell, a Har- vard graduate, was made professor of mathematics and natural philosophy; a fine apparatus having been imported. The churches of the various denominations took alarm, suspecting that the Episcopalians designed engrossing the government of the college.
William Livingston discovered such to be the fact, when the draft of a plan was laid before the trustees, so shaped as to exclude from the presi- dential chair of the college any gentleman not in communion with the Church of England, and introducing the book of common prayer for all religious exercises. The purpose was at the same time announced of apply- ing to the lieutenant-governor for a charter under the Great Seal. Liv- ingston was one of the younger men among the trustees, and almost alone in a quick, fierce, and determined opposition to the founding of a college on sectarian principles. He warned his associates of the folly of such a course, and protested against any further proceedings in the matter without the unanimous consent of the Legislature, to whom they were responsible.
William Livingston was a lawyer of marked ability, and had plunged into political and religious controversies from his first appearance upon the stage of human affairs. He was independent and fearless, and, in al- most every instance, arrayed upon the side which had least to boast of power or present popularity. Wit and satire breathed naturally from his lips and hung upon the point of his pen. He was an indefatigable work- er, and, although his intellectual growth was marked by a curious dispro- portion and ungainliness, - that is, one faculty shot forth, then another,
1 It seems from the records of Trinity Church, that, as early as 1703, the rector and war- dens were directed to wait upon the governor (Lord Cornbury) to learn what part of the king's farm had been intended for the college which it was the royal design to build. It seems also to have been the intention of Berkeley to transfer the institution of learning intended for Ber- muda to New York, in 1729. It was not, however, until 1746, that the first actual step was taken, the Assembly passing a bill to raise £ 2,250 by lottery, " for the encouragement of learning, and toward the founding of a college."
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and another, so that life was on the wane before the full stature and the final proportions were reached, - he achieved deserved eminence, not only at the bar, but in political foresight, which rendered his career in the end substantially triumphant. He was one of those from whom it was always possible to expect greater things than he had yet accomplished. His success in law was not due to eloquence or even fluent speech, but to the accuracy of his knowledge, and the soundness of his logic, seasoned always with dry humor and stinging sarcasm. He was severely strait- laced on many subjects, but could unbend when it was his humor, and in the social circle or at the club was a charming companion.1 He was at this time a tall, slight, thin, graceful man of thirty, or thereabouts; so thin and slight, indeed, that the ladies called his face the knife-blade. He wore the inevitable powdered wig, the velvet coat, embroidered ruffles, short breeches, silk stockings, and gold buckles of the period.
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