USA > New York > New York City > History of the city of New York > Part 13
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This, it is certain, was a somewhat subtle question, and
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when submitted to the great body of the people, would be more apt to be decided by their prejudices than by mere legal logic. In this state of uncertainty, therefore, it was resolved, by a large body of the inhabitants, to take pos- session of the fort, for the purpose of securing the physical possession of the government in favor of William and Mary, leaving the political powers still an unsettled ques- tion. Accordingly this party, availing themselves of the arrangement which had already been adopted by general consent, of temporary occupation of the fort by the several militia companies, concluded, by a concerted action among the captains of the companies, that one of their number, commanding a corps entirely favorable to their party, should take permanent possession of the fort, and hold it until orders from the government in England should establish a legitimate authority in the land. The person fixed upon, for carrying this design into effect, was Jacob Leisler, a merchant of good standing and wealth, and probably the man in the highest repute, in the community, of any of that party.
This act took place on the 2d of June, 1689, and was the signal for the sudden departure of Lieutenant Governor Nicholson and the breaking up of his council. Leisler then, on the 3d of June, issued a public manifesto, declaring that the fort was held only until the arrival of a person prop- erly constituted by the authorities in Great Britain, to take in hand the administration of the government, and would then be immediately delivered up; and that he daily ex- pected news of some more definite arrangement, to be received from England.
But this expectation was disappointed; and while wait- ing in vain for the arrival of orders which should supersede
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the loose system then existing, it became apparent that some measures were imperatively necessary to constitute a magistracy and other officers, for the purpose of maintain- ing order and government in the country. How, therefore, to meet this responsibility, became a serious question with the party which had thus far carried out its views; for a great opposition existed among the friends of those who had been obstructed in their claims to the exercise of their official functions, and who still maintained a considerable party, resting its principles upon the basis of law and order, and charging that the acts of the revolutionists were uncalled for, and were calculated to breed confusion and a mutinous spirit in the community.
In this emergency the successful party, by means of a Committee of Safety, representing much the largest por- tion of the community, resolved to confer, on the part of the people, absolute power upon Mr. Leisler, to conduct the government for William and Mary, according to his dis- cretion, under the title of commander-in-chief ; this com- mission was dated 16th August, 1689. With respect to the city government, the Committee of Safety ordered a popular election of the mayor, sheriff, clerk and members of the common council; and at this election, which took place in October, 1689, a magistracy, composed wholly of friends of Leisler, was elected. But the opposition party denied the legality of the election, and refused to transfer the seal and charter and other insignia of the city.
By this election and the recent proceedings of the Com- mittee of Safety, the commotion in the city was greatly increased, and feelings of intense hatred, dividing friends, relatives and families, centred in the hearts of the differ- ent factions. Each party charging the other with evil
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designs against the welfare of the country; their personal feelings meanwhile becoming more embittered by the ela- tion or shame arising from the success or failure of the measures pursued by each for the humiliation and defeat of the other. Yet no greater difference is found to have actuated these parties than the question as to who should carry on the government, for on the great political ques- tion of the day they were entirely agreed.
The party opposed to Leisler, being headed by the mem- bers of the late government, and supported by most of the wealthy and aristocratic portion of the community, while Leisler's friends, though composed of many of the best men in the city, were generally of moderate fortunes and of less conspicuous social condition, they severally became so distinctly marked by these circumstances, that they have been properly classified into the " aristocratic" and " popu- lar" parties. To his opponents Leisler gave the name of the " grandees;" and as the ascerbity of feeling increased, he classed them indiscriminately as " Papists" and " King James' men." On the other side they applied equally con- temptuous terms to the successful party; calling them a rabble, men of no note, merely seeking to plunder the pub- lic treasury.
But words alone did not suffice to evince the exaspera- tion of feeling prevailing on both sides; for Leisler's oppo- nents sought, by every means, to check the progress of the government, and bring it into trouble. A conspicuous man, among the opponents of Leisler, was Nicholas Bayard, a member of the late council, and colonel of the city militia. On the 20th of October, Bayard issued his orders to the captains of the two companies under his command,
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stating that inasmuch as Leisler had usurped the govern- ment, in an illegal and hostile manner, without the least authority from their Majesties, William and Mary, he felt it his duty, as a member of the council and as a colonel of the militia, neither of which were in any manner vacated or superseded, to command the captains to desist from aid- ing or abetting Leisler and his associates, or from permit- ting any of the soldiers to be employed in his service; but on the contrary, to submit to the commands of the govern- ment established by law, as they should answer to the con- trary at their peril. Bayard was then in Albany, whither also several other of the principal men in opposition to Leisler had retired, beyond the reach of his arm. They so far affected the minds of the leading men in that part of the country, as to bring the magistrates and a great portion of the people into their own views; and when Leisler, actuated probably by the desire to wreak his ven- geance upon his indefatigable opponents, sent an armed force, ostensibly to garrison the fort, and assist in main- taining the cause of the Protestant succession, his people were refused admission into the town, and his title to ad- minister the government was denied. This proceeding was an unfortunate one for Leisler, as it was not called for by any circumstances then existing, the whole country hav- ing declared for William and Mary. It evinced a personal feeling inconsistent with the moderate and temperate exer- cise of functions to which his title was at least questiona- ble. But notwithstanding the repulse met with from the magistrates of Albany, Leisler prepared to enforce sub- mission to his commands; and after a seige the fort was taken, and the leaders of the opposite faction hastily dis-
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persed themselves throughout New England; their estates being confiscated, and all the evils of a conquered people being inflicted upon them.
These fugitives, under the exasperation of feeling which their circumstances were calculated to produce, were now moving, with all the energy of desperation, to incline the minds of the governments and people of the several New England colonies, which had hitherto regarded Leisler's proceedings with favor, to refuse their further countenance of his government.
Matters were thus situated when, in December, 1689, a messenger arrived in Boston, bearing a missive from the English government, addressed as follows: "To Francis Nicholson, Esq., or in his absence, to such as, for the time being, takes care for preserving the peace and administer- ing the laws in his majesty's province of New York." This letter was dated in July previous, at which time the advices in England were that Nicholson was in pos- session of the government. The opponents of Leisler, who were then in New England, first heard of the arrival of the messenger, and of the nature of the direction of the missive borne by him. Not knowing its contents, how- ever, and desirous of availing themselves of any thing contained therein, which might assist in fortifying the position of their party, it was resolved that the members of the late council should venture once more within the limits of New York, and endeavor to obtain the delivery of the packet into their own hands, on the ground that they were still, in a legal point of view, the officers who, in the absence of Nicholson, " took care for preserving the peace and administering the laws in his majesty's province of New York." Accordingly, Colonel Bayard and Fred-
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erick Philipse, another member of the late Council, secretly introduced themselves into the city, and awaited the at- tendance of the messenger, having sent for him and made their pretensions known. But the arrival of the messen- ger, was presently ascertained by the party in power, and he was conducted to the fort, where he found Leisler in command. After some deliberation, the messenger reliev- ed himself of his delicate duty, by delivering the package to those whom he found actually in power, not considering it within his functions to distinguish between the relative claims of the contesting parties. Leisler received the package, which contained an authority to the person to whom it was addressed to take the chief command, as Lieutenant Governor, and to appoint a council to assist him in conducting the government.
Accordingly, Leisler, on the 11th December, 1689, assumed the title of lieutenant-governor, and appointed a council of eight persons, representing the different parts of the province. It was generally considered among the people, that Leisler's claims to the government were strengthened by these occurrences, and his commissions for the appointment of magistrates and other officers, which were then issued throughout different parts of the province, were acknowledged by most of the people, and the affairs of the government immediately assumed a condition of system and order.
But the leaders and principal men of the opposite fac- tion were doubly incensed by the result of the late occur- rences, and in a riot, they attempted to seize Leisler in the street; he was, however, rescued by his friends, and then causing the drum to beat to arms, he pursued the rioters, and threw many into prison. Still, however, the leaders
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themselves, working in secret places, used the most extreme measures to breed dissension among the people. Deter- mined now, under the sanction of his newly acquired title, to exterminate his opponents, Leisler issued, on the 17th of January, a warrant for the arrest of Nicholas Bayard, Stephanus Van Cortlandt, William Nichols and others, on the charge of high misdemeanors against his majesty's authority in this province. In pursuit of Bayard, the officers having the process, broke into his dwelling, and learning of his flight to a neighboring house, followed and seized him; Nichols was likewise arrested, and the others escaped. Leisler threw the prisoners into close confine- ment, and on the following day (18th January, 1690) called a Court of Oyer and Terminer, to try them for treason. Being now in the power of his enemies, and under the im- pending danger of a trial for his life, Bayard resorted to supplication, acknowledging his errors, promising to be- have himself for the future with all submission, praying that his former acts might be attributed to passion, &c. In this abject condition the prisoners were not pursued to the extremity of the law, but nevertheless remained in prison until the arrival of the new governor, a period of fourteen months.
Meanwhile Leisler continued the issue of warrants for the arrest of the leading malcontents, and soon eradicated from his province the presence of all who could hinder the progress of his government. Nevertheless, while an appa- rent tranquillity reigned within his domain, storms were brewing without. Driven from their homes, the leaders of the opposite party were constantly busy in concocting measures for their final triumph. They succeeded in gain- ing many friends among the leading characters in the New
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England colonies, and were actively engaged in bringing their case to the view of their majesties' ministers in Great Britain, aggravating and exaggerating the real state of things in New York into an actual rebellion against the dominion of Great Britain.
While these active opponents were scheming the over- throw of Leisler's government, he himself was so much occupied with the internal affairs of his province as to find all his energies employed, during the spring and summer of the year 1690, in counteracting the movements of the French and Indians along our western settlements. It was in the early part of the year 1690 that the murderous assault upon Schenectady was made by a party of French and Indians. They entered the town at midnight, and having made their arrangements, the war-whoop was cried as a signal for general slaughter. All the houses, except one, were burnt, and most of the people murdered, a few escaping on foot, through a deep snow, to Albany. For retaliation of this assault, Leisler, joined by others of the New England colonies, engaged themselves in maturing an expedition against Canada; but its result was unsuccessful. Other expeditions, in which the success was considerable, were fitted out, under Leisler's auspices, against the French marine. Several vessels were captured by these expedi- tions; but upon the whole, it must be admitted that Leis- ler's administration was unsuccessful, while at the same time it is apparent that his motives were pure and patriotic.
With all the mishaps of fortune within the past two years, a still more extraordinary accident was destined to produce a state of confusion and tumult in New York, far exceeding any which had yet been experienced, the occa- sion of which was as follows: The government in Eng-
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land nad been persuaded to send out a new governor to this province, in the person of Colonel Henry Sloughter, who, with several ships and a considerable command, set sail from England; but, by some misfortune, the vessels were separated, and the first arrival of any part of the fleet at New York was that of the ship Beaver, in Janu- ary, 1691, containing Major Richard Ingoldsby, the second in command, and his troops. The commissions for the new government, were, however, in the possession of Sloughter; nor could Ingoldsby produce any papers what- ever, authorizing him to act either for Sloughter or on his own behalf, in taking or receiving possession of New York.
Inasmuch as it was pretty certainly ascertained that the arrival of the new governor would be followed by the re-establishment of the old council and their party into power, and the disgraceful prostration of Leisler and his friends, it may be imagined that the arrival of a part of the expected armament was the occasion of a high degree of excitement in the city. Leisler was willing to resign the helm of government to his properly constituted suc- cessor; but consistency and self-respect constrained both him and his party to maintain the legality of their pre- vious course, and in retiring from the position thus far occupied, to do so with the dignity of conscious rectitude.
But now, with the arrival of Ingoldsby, Leisler's oppo- nents raised themselves from their prostrate condition, and were clamorous for the immediate transfer of the fort to the possession of Ingoldsby. Yet Ingoldsby could show no authority to change the government, or to receive the fortress into his possession. How, therefore, was Leisler to act? If he delivered the government to any but a
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successor legally appointed to supersede himself, he indi- rectly admitted the illegality of his own pretensions to act by authority of the English government; while, if he refused admission of the king's soldiers into the fort, he was, in a manner, insulting the forces of the king whom he professed to serve.
He therefore, while proffering Ingoldsby quarters in the town for his soldiers, refused to deliver the fort to any one but a person holding authority from the king's govern- ment to receive it.
Under these circumstances Ingoldsby, feeling his dignity as an English officer somewhat touched by the refusal to give him quarters in the fort, and led, moreover, by the excited state of the populace to enter somewhat sympa- thetically into the arena of the political contest, became a willing instrument in the hands of the party opposed to Leisler.
On the 30th January, 1691, he issued a proclamation, requiring the people to aid and assist him in overcoming all that stood in opposition to his majesty's command, and proclaiming further that "we shall deem and account all such as stood in opposition, to be rebels against their majesties," &c. On the following day Leisler issued his manifesto, reciting the demand of the fort by Ingoldsby, and his proclamation, and protesting, in behalf of the king and queen, against the proceedings of Ingoldsby and his accomplices, for whatever bloodshed should ensue, and forbidding Ingoldsby to commit any hostile act against the fort, city or province, at his utmost peril. And there- upon he called upon the militia forces to be in arms and ready upon call.
These vigorous measures induced Ingoldsby, on the fol-
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lowing day (Feb. 1st) to address a letter to Leisler, saying that he had read the protest, which seemed to him of a dangerous tendency; and explaining that what had been done by himself was simply to insure the preservation of the peace.
It was an extraordinary circumstance that Sloughter was nearly two months wandering on the ocean after the arrival of Ingoldsby; and during all that time the popu- lation were momentarily on the verge of civil war. Every day's suspense added to the fuel of impatience which now burned in the hearts of all the inhabitants. Leisler gathered large forces within the fort in readiness for swooping upon the opposite faction, should a blow be struck at the integrity of his power; while the other faction, by every provocation of insult and daring, sought to place the burden of the first blow upon Leisler and his friends.
Thus were things situated when, on the 19th of March, 1691, the missing vessel was seen coming into the harbor, and it became evident that the troubles of the times were approaching a climax of some sort. Sloughter imme- diately landed; called together his new council which was composed of the enemies of the Leislerian party, and pro- ceeded to the city-hall, where he published his commission in the presence of a large body of the people; and having sworn in the members of the council, he directed Ingoldsby to demand possession of the fort. This took place at eleven o'clock at night. Leisler was awaiting the sum- mons, but with a pertinacity somewhat unreasonable under the circumstances, he desired to send a letter by one of his officers, directed to Sloughter in person; this officer, who had seen Sloughter in England, was also desired to observe
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if this was the same man, and no counterfeit, got up by Leisler's opponents for the purpose of surreptitiously getting possession of the government. The officer, there- fore, with somewhat misplaced formality, expressed his satisfaction to Sloughter, to find that he was the person he had seen in England; to which the governor tartly replied, that it certainly was true that he had been seen in England, and now intended to make himself observed in New York. He then commanded Ingoldsby to proceed a second time to receive the fort into his possession.
Leisler now, to be still further ceremonious, sent two of his principal officers, one of whom was the mayor, who accompanied Ingoldsby on his return the second time, and were commissioned, it is supposed, to tender the transfer of the fort, and make some explanations; but they were not allowed to speak, and were handed over to the guards; and Ingoldsby was again sent to demand the possession of the fort. This summons, being delivered very late at night, was ineffectual, and Sloughter thereupon dismissed his council until the next morning.
On the following morning, Leisler addressed a letter of the following purport to the governor. Dated 20th March, 1691. "May it please your excellency: this his majesty's fort, being besieged by Major Ingoldsby so far that not a boat could depart, nor persons be conveyed out of the same. without being in danger of their lives, which has so occasioned that I could not be so happy as to send a messenger to give me certainty of your excellency's safe arrival; but the joy I had by a full assurance from Ensign Stoll of your excellency's arrival, has been somewhat troubled by the detention of two of my messengers. I see here well the stroke of my enemies, who are wishing
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to cause me some mistakes at the end of the loyalty I owe to my gracious king and queen, and by such ways to blot out all my faithful service till now; having, by my duty and faithfulness been vigorous to them. But I hope to avoid such an error.
Please only to signify and order the major to release me from the charge of his majesty's fort, and that I may deliver to him the arms and stores belonging thereto, and give him directions to treat me in a manner suitable to one who shall give your excellency an exact account of all his actions and conduct ; who is, with all respect,
Your Excellency's most humble servant,
JACOB LEISLER.
Accordingly, Nicholson was despatched to take posses- sion of the fort; and having fulfilled that part of his duty, proceeded to the discharge of his additional orders, which were to release Bayard and Nichols, who still remained prisoners in the fort, and to arrest Leisler and such of his accomplices as were with him, and to bring them before the governor and his council.
Bayard and Nichols shortly after appeared, and were sworn in as members of the council; and having taken their seats, Leisler and eleven of his principal friends were brought in prisoners, and once more the great leaders of the factions were brought face to face. The prisoners were all committed to the guards.
The governor, in the course of a day or two, discovered the condition of the public pulse, which was, on all sides, beating at fever heat, and not unwilling, from these and other reasons, to rid himself of the responsibility of acting on the case of the prisoners, readily acceded to a proposi-
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tion of the members of his council, to transfer the case from a military to a civil court; and accordingly, on the 23d of March, issued an order for an examination of the prisoners, preparatory to transferring them from the guards to the common prison.
On the following day (24th March) the government called a special Court of Oyer and Terminer, to be held immediately; and on the 26th, Leisler and his companions were committed into the hands of the sheriff, by two of the city magistrates, on the charge of traitorously levying war against the sovereign, and of other high misde- meanors.
The Court of Oyer and Terminer met about a fortnight afterward, and the prisoners being called on to plead, they refused to acknowledge the validity of the court, or to plead to the indictment. The principal charges against Leisler and his friends, were as follows :
The disruption of Nicholson's council.
Imprisoning many innocent people.
Proscribing and forcing others to fly.
Seizing and forfeiting goods of merchants and others.
Levying taxes without due authority.
Raising forces and keeping the fort against Ingolds- by; and
Denying the surrender to Governor Sloughter.
The result of the deliberations of the court was the con- viction of the prisoners, as mutes, and their sentence to death. This conclusion was made known to the public toward the latter part of April, and caused great tumults and riots in different parts of the province, and also in New England.
It was very evident that the leaders of the party now in
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power, and forming the council of the province, would not be satisfied with any vengeance less than the death of Leisler. Governor Sloughter, a dissolute and unprincipled man, made some effort to screen himself from the pressure of these urgent applicants, and pretended, for a few days, to be determined to submit the case to the government in England, before complying with that last official duty ap- pertaining to his office, the signing of the death warrant. But on the 14th of May, the council requested the governor to carry the sentence into effect, and thus allay the ferment in the public mind, which was every day increasing. On the 16th, which was Saturday, the assembly, by a majority vote, joined in the recommendation, and ón the same day Leisler and his son-in-law, Jacob Milborne, were brought out for execution. On the gallows, Leisler made a speech to the following purport :
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