History of the state of New York. Vol. II, Pt. 2, Part 10

Author: Brodhead, John Romeyn, 1814-1873. 4n
Publication date: 1871
Publisher: New York : Harper & Brothers
Number of Pages: 690


USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 10


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" Col. Doc., iii., 357-350 ; iv., 264; viii., 443; Chalmers's Ann., 1., 56, 74, 538; ii., 72, 113; Rev. Col., i., 151; N. Y. Council Journ., 1, 45; ante, 333, 416.


424


HISTORY OF THE STATE OF NEW YORK.


CHAP. IX. sion to the Imperial Crown of this Realm, our Province of


New York-the Propriety whereof was by the letters Pat-


1685. ents of his said Majesty vested in us-is now wholly de- volved upon our royal person, and annexed to our other dominions, We do hereby signify our will and pleasure that you publish and make known the same to all our loving subjects within our Province. And as we have been pleased by our Royal Proclamation to direct that all men being in office of government shall so continue therein un- til further order, so we do hereby charge and require you to pursue such powers and instructions as we have for- merly given you, and such further powers authority and instructions as you shall at any time hereafter receive un- der our royal signet and sign manual, or by our order in our Privy Council. And that you likewise give our said loving subjects to understand, that, having committed to our said Privy Council the care of our said Province, with the consideration of the several Bills and Addresses lately presented unto us from our Assembly there, they may shortly expect such a gracious and suitable return, by the settlement of fitting privileges and confirmation of their rights, as shall be found most expedient for our service and the welfare of our said Province.""


5 March. Orders of the Privy Council. 6 March.


This letter of the king was equivalent to a new royal commission to Dongan. It recognized the existing Assem- bly of New York, while it foreshadowed such changes in the provincial government as might be " found most expe- dient." The Privy Council at the same time instructed Dongan to proclaim the new king "with the solemnities and ceremonies requisite on the like occasion," and inclosed the royal proclamation for continuing all persons in office in the same form as they had already notified the other American colonies. Dongan was also directed by Blath- wayt, the secretary of the Plantation Committee, to corre- spond hereafter with him instead of Werden.t


Although James the Second thus recognized a royal As-


* Col. Doc., ill., 352, 260, 361. The effect of this letter seems to have been mi-apprehend. ed in: 1650: Col. Doc., iii., 677, 678. Hoffman, in his recent "Treatise," i., 21, 22, appears to have overlooked it altogether.


t Col. Doc., ili., 257, 659, 360, 363 ; Council Min., v., 100; Col. Rec. Conn., ili., 330, 340 : Mass. Rec., v., 473, 474; Chalmers's Ann., i., 316, 370, 417 ; ante, 416. Sir John Werden's occupation, as secretary of the Duke of York, being now gone, he was recompensed by being appointed a commissioner of customs: Beateon, i., 440-431; Col. Doc., v., 41.


425


THOMAS DONGAN, GOVERNOR.


sembly in New York, he did not mean it to last; for he CHAr. IX. had directed the "Constitution" of the province to be as- similated to that of New England, where there were to be 1685. No colonial no Assemblies. Home affairs, which crowded the begin- Assemblies under


ning of his reign, prevented prompt action on colonial James. business; and the government of Massachusetts was mean- while left in the hands of its late magistrates. Colonel Kirke, whom Charles had appointed to be governor of New England, was confirmed by James; and, after some delay, orders were given to complete his Instructions, and 13 May. send him to America, with two frigates to maintain his au- thority. But the insurrections in Scotland, under Argyll, May. and in the west of England, under Monmouth, caused June. Kirke to be retained at home; and, while his throne was July. thus actually threatened, the king could bestow little thought on his distant American dominions .*


The first dispatches from James the Second were brought to America by Captain Baxter, whom Dongan had sent to England in the previous August. The acting authorities of the late Corporation of Massachusetts hastened to pro- claim their new sovereign "with all due solemnity." Con- 20 April. necticut did the same, "with great solemnity and affection." 22 April. On receiving his letters, Dongan-now the royal governor of New York-ordered a parade of the metropolitan mili- 21 April. tia ; and, two days afterward, James the Second was joy- 23 April. fully proclaimed sovereign of the province he had ruled so claimed in long as proprietor. It was natural that " the People" of New York. New York should rejoice that their duke had become their king; for they hoped that the interest which James had shown in the prosperity of the province when it was his own property, would continue to be manifested after it de- volved, as a colonial appendage of England, to her imperi- al crown.t


Quickly after his proclamation, the Corporation of the metropolis drew up an address to James, congratulating May. him on his accession, and wishing him " a long, peaceable,


* Burnet, i., 623-046; Kennett, iii., 431-458; Rapin, ii., 743-743; Lingard, xiv., $3-65; Macaulay, i., 546-632 ; Clarke, ii., 14-47; Fox, 125-217; Mackintosh, 13-36; Hutch. Mass., i., 341, 342; Coll., 542; Chalmers, i., 416; Masa. II. S. Coll., xxxv., 142; Palfrey, iii., 480- 482; ante, 419.


* Col. Doc., ili., 251, 657. 300; v., 051 ; vili., 413; Col. MISS., xxxili .. 113-117; Council Min., v., 109, 110; Mase. Rec .. v., 473, 474; Col. Rec. Conn., iii., 840; Hutch. Mass., i., 340; Chalmers, i., 417; Penn. Col. Rec., i., 132, 133; Palfrey, ill., 451 ; ante, 401.


James pro-


426


HISTORY OF THE STATE OF NEW YORK.


CuAr. Ix. and prosperous reign," which, at Dongan's suggestion, they


16$5. sent to his late Secretary Werden, for presentation. They


13 May. also asked Werden to acquaint the king that since he had The Corpo- " been pleased to separate Delaware and the two Jersie, ration of York's ad- king. from this, his Government of New York, this City hath ap- dress to the parently and extremely suffered in the diminution and loss of its trade, being thereby deprived of at least one third part thereof ; and hath ever since much lessened and de- cayed, both in number of inhabitants, rents, and buildings : and his Majesty in his revenue likewise suffers thereby. And the remaining part of this Province, when less able the more burthened, which with great willingness and sub- mission they bear; But now hope that this appearing to His Majesty, he will find it consistent with the ease and safety of his subjects, and his Majesty's interest and service, to reunite those parts and enlarge this government East- ward, and confirm and grant to this his City such privileges and immunities as may again make it flourish, and increase his Majesty's revenue." This letter Werden handed to the Plantation Committee, where it soon produced a decided effect .*


July.


An interesting point now came up to be settled. Saul Browne, a Jew, formerly of Rhode Island, complained that he had been hindered in his trade-apparently under the "scott and lott" regulation of the previous March-and Dongan having referred Browne's petition to the metropol- 12 Septem. itan authorities, they answered that "no Jew ought to sell by retail within the city, but may by wholesale, if the Gov- ernor think fit to permit the same." A question having also arisen, under the Charter of Liberties of 1683, wheth- er others than those " which profess faith in God by Jesus Christ" were guaranteed freedom of conscience, the Jews petitioned the governor "for liberty to exercise their relig- ion." This was referred to the mayor and allermen, who 14 Septem. returned their opinion " that no public worship is tolerated. by act of Assembly, but to those that profess faith in Christ ; and therefore the Jews' worship not to be allowed." This severe construction, however, was contrary to the duke's policy in regard to New York, after he became a Roman


Jews in New York.


* Col. Doc., iii., 361, 362; Index to N. J. Col. Doc , 11. The Corporation of the City of New York always exercised great influence in provincial affairs.


427


THOMAS DONGAN, GOVERNOR.


Catholic ; and it does not appear to have been adopted by CHAP. IX. its provincial government .*


1685.


The events which had occurred in Scotland and England just after the accession of James were communicated to 26 June. the several American governors in a circular letter from Secretary Sunderland. Dongan replied that " the people is Septem. of this place express themselves very willing to obey the letter to Dongan's


Sunder- King in any thing to their power : when the Assembly land. meets, which will be in October next, your Lordship's letter shall be read to them. It came very seasonably to give us a true account of the rebellions in Scotland and the west of England; malicious and factious reports having pester- ed this place, which came every day by the way of Bos- ton. In my opinion, the King cannot do better than with all expedition to send his Governor thither. It would certainly alter the way of that people very much for the better." * * * * "This place is composed most of stran- gers ; and we have very few or none of ill principles among us that I know of. If any of the English be so, they have the wit to conceal it. A new seal of this Prov- A new seal ince is very much wanting, and the people extraordinary wanted, desirous to have the King's seal to their patents and other papers that concern them."t


The Assembly had adjourned in October, 1684, to meet Assembly. again in September, 1685. But the question arose whether it was not dissolved by the demise of the crown. To pre- vent future trouble, the council, of which Captain Baxter had been sworn a member, thought that it was expedient 3 June. to dissolve the Assembly and to call a new one. Dongan 5 August. accordingly, by proclamation, dissolved the first Assem- 13 Augu-t. bly ; and writs were sent out for the election of new rep- 17 August. resentatives, to meet at New York on the twentieth of 20 October. Meeting of October. On that day the new Assembly met, and chose the New William Pinhorne, formerly an alderman of the city, its sembly. York As- speaker, and Robert Hammond was again made clerk.


* Min. of C. C., i., 255, 257 : Dunlap, il., App. cxxxiv. ; Col. Doc., iii , 218; R. I. Rec., iii., 160; Shea's note to Miller, 103; ante, 410. The Jews were then, as they are now, classed with Turks, infidel-, and heretics by the Roman Catholic, the Protestant Episcopal, and the Reformed Dutch Churches. In his Instructions to Dongan of 1662, James did not repeat the clause he had inserted in those of Andros in 1074 : compare Col. Doc., iii., 218, 231-334; ante, 373. But he renewed it in 1656: Col. Doc., iii., 373. Saul Browne, the petitioner, afterward became Reader in the Jews' Synagogue in New York: Shea's note to Miller, 103. t Col. Doc., itj., 364, 365; Council Min., v., 125; Col. Rec. Conn., ill., 345, 346; Mass. H. S. Coll., xxxv., 133 ; Hutch, Col., i., 314; Chalmers, i., 375, 379; ante, 153, note.


428


HISTORY OF THE STATE OF NEW YORK.


CHAP. Ix. Six laws were enacted. Three bills passed the Assembly. 1685. but did not receive the governor's assent. One bill, which made a single witness sufficient in revenue cases, pa- ed 3 Novem. the council, but failed to receive the sanction of the rej re- The second sentatives. At the close of its session the Assembly ad-


New York Assembly ended. journed to the twenty-fifth of the following September. But, before that time came, such changes happened that it never met again."


7 Decem. 10 Decem. 16 Decem.


After the adjournment of the Assembly, a day of 20 Novem. Thanks- giving. thanksgiving was proclaimed by the governor, according to the old Dutch custom, for the king's victory over the rebels under Argyll and Monmouth. Collector Santen, 20 Novem. who had not given a satisfactory account, was ordered to produce his books of revenue before the council. Thomas Rudyard, formerly governor of East Jersey, whom Dongan had made attorney general of New York the year before, now made his will, and determined to emigrate to Barba- does ; and the governor commissioned the metropolitan re- corder, James Graham, to be Rudyard's successor. This 17 Decem. caused other official changes. Isaac Swinton was made a clerk in Chancery in Graham's place, and was installed. with his older colleague, John Knight. Nicholas Bavard. who had succeeded Minvielle as mayor of the city, was now 17 Deeem. sworn as a royal counselor. A Court of Exchequer, to de- 14 Decem. Court of Excheq- tici. termine all royal revenue cases-and which was composed of the governor and council-was also appointed to be held in the city of New York on the first Monday of each month. This tribunal was thought necessary, because it was found that when the king's revenue causes were tried in the " settled Courts," there was a "great hazard of ven- turing the matter on Country Jurors; who, over and above that they are generally ignorant enough, and for the most part linked together by affinity, are too much swayed by their particular humours and interests."+


** MS. Laws, Secretary's Office; Council Min., v., 123 ; Col. MSS., xxxiii., 152, 133 ; MI. of C. C., i., 283 ; Dunlap, ii., App. cxxxiv. : Col. Doc., iii., 364, 716; Council Journ., i., Int .. xiii .- xv. ; Wood's L. I., 102; Thompson, i., 169; ante, 40S. The note in N. Y. H. S. CL .. iii., 355, that there is "no evidence of any session of an Assembly" during the reign of James the Second is erroneous.


t Council Min., v., 131, 138-146; Col. MISS., xxxiii., 184. 185, 196, 200, 216; xxxiv .. 93: Col. Doc., iii .. 351, 290, 412, 65% ; iv., S47; ix., 223; Daly's Sketch, $2; ante, 4.9 Mr Whitehead, in his " East Jersey, " 99, 124, 125, and his " Contributions, " S1, does not gat. that Rudyard became attorney general of New York; and he makes him die " abrx .! 1692," at Jamaica.


429


THOMAS DONGAN, GOVERNOR.


In his first letter to Secretary Blathwayt, Dougan report- CHAP. IX. ed that the French were " now quiet," and that the English trade would be " much better, if we take but the same care 16S5. 11 August. as the French, by putting a little fort on this side of the Dongan's Great Lake [Ontario], as they have on the other. It is in Blathwayt. report to the King's dominions, nearer to us than to them, and would be an obligation to the Indians to bring their beaver to us, which would be six for one at present. I put the arms of the Duke, now his Majesty, upon all the Indian Castles near the Great Lake, and that by their own consent who have submitted to this government. They are a con- siderable people, and ought to be encouraged, because they have a considerable influence over most of the Indians in America. The French quarrel only because they cannot obtain them, which, if they should, they would be trouble- some to most of the King's subjects in these parts of America."*


Before Dongan's arrival, Greenhalgh and his comrade were the only "Christians" under the New York govern- ment who had gone as far as the Seneca country. To car- ry out his policy of attracting their fur-trade to New York, the governor licensed a Canadian refugee, Abel Marion la 1 April. Fontaine, with several others, to hunt beaver in the woods among the Western savages. A similar pass was given to 12 August. Dougan Captain Johannes Rooseboom, of Albany. These adven- gives pass- turers went a three months' journey to the Ottawas and Yorkers to es to New Miamis country, as far as Michilimackinac, whence they West. brought back many beaver-skins. They were very well re- ceived by those Indians, whom they found more inclined to trade with them than with the French ; and Rooseboom and his party of young Dutchmen were " invited to come every year" by the Western savages, who desired that their enemies, the Senecas, " would open a path for them, that they might come to Albany."+


Notwithstanding the treaty made the last year, some Cay- ugas had committed outrages on the frontiers of Virginia. Dongan, however, summoned the Five Nations to meet " Assarigoa" at Albany, and confirm the peace. But Lord


* Col. Doc., iif., 353, 363, 393-296 ; ante, 296, 3-9, 420.


f Col. Doc., ill., 250-252, 256, 305, 437, 438, 476; v., 76, 731 ; ix., 275, 297, 302, 1023; Doc. Hist., i., 133 ; Col. MSS., xxxiii., 106, 107, 112, 150; Charlevoix, il., 332; La Hontan, i., 97; ant:, 310.


hunt in the


£


430


HISTORY OF THE STATE OF NEW YORK.


CHAP. Ix. Effingham's wife, "Philadelphia," having died in Virginia.


13 August.


September.


Conference with the Iroquois at


Albavy.


1685. he deputed one of his council, Colonel Bird, and his attor- ney, Edward Jennings, to represent him. Accompanied by chiefs of the Pamunkeys, Chickahominies, Mataponys. and Powhatans, the Virginia agents came to Albany ; and Bird sharply reproved the New York savages for having broken their covenant. The Senecas and Mohawks freed themselves from blame, and chid the other nations. The offending cantons apologized, and promised satisfaction. The orator for the Mohawks then declared that the path of friendship led to Albany, where was the "House of Peace." And then he sang " all the covenant chain over;" after which he admonished the Oneidas, Onondagas, and Cayugas, and sang another song in honor of the sachems who had come from Virginia. The younger Garakontie attended this conference as the Onondaga deputy. By him Lamberville, or "Teiorensere," wrote to Dongan, urg- ing him, as well by his "zeal for the public peace, and os- pecially for the Christians of this America," as by his devo- tion as a Romanist, to solicit the Senecas to be friendly with the French ; of whose faith he declared the " sole ob- ject" was, " that the blood of Jesus Christ, shed for all men, may be useful to them." Lamberville's adroit letter did not deceive the straightforward Dongan."


1. Sept. Lamber- ville's let- ter to Don- gan.


Effect of De la Barre's creaty on the Iro- quois.


After De la Barre's treaty at the Salmon River, the Iro- quois began to despise the French, whose " Onnontio" had proved himself a poltroon; and the Mahicans promised them twelve hundred warriors if they should be attacked by the Canadians. Dongan also offered them all needed aid of men and ammunition. The Senecas, accordingly, instead of paying the beavers which they had promised to De la Barre, carried more than ten thousand of those furs to Albany.t


7 Jan'y. Louis re- moves De la Barre, and ap- points De- nonville to govern Canada.


When Louis heard of De la Barre's submission to the Iroquois, and abandonment of the Illinois, he superseded his weak Canadian representative, and appointed in his place Jacques René de Brisay, Marquis de Denonville, a colonel of his dragoons, and a French nobleman, "equally estimable for his valor, his integrity, and his piety." De-


* Col. Doc., Ill., 433, 451: ix , 250, 201, 274; Doc. Ilist., 1., 121, 122; Burk, ii., 901; Col. lins's Peerage, v., 25; CoMen, i . 45, 56, 59, first ed., 61, 68, 69; ante, 395, 402. t Charlevoix, il., 321, 322, 323; ante, 405.


431


THOMAS DONGAN, GOVERNOR.


nonville was instructed to "humble the pride of the Iro- CHAP. IX. quois," and to sustain the Illinois and other Western tribes who had been abandoned by his predecessor. Notwith- 1685. 10 March. standing Dongan's "unjust pretensions," a good under- Denon- standing must be maintained between the French and En- structions. ville's in- glish colonists ; yet if the latter should "excite and aid the Indians, they must be treated as enemies, when found on Indian territory, without at the same time attempting any thing on territory under the obedience of the King of En- gland." Barillon was also directed to complain that Don- 10 March. gan had hoisted English flags on the Iroquois villages, and to demand "precise orders" from James to "confine him- self within the limits of his government, and to observe a different line of conduct towards Sieur de Denonville." It does not appear that the "precise orders" which Louis asked of James were given."


Early in August, Denonville landed at Quebec with a August. large re-enforcement of troops, and went to Fort Fronte- nac, where he established a garrison. In his dispatches to 20 August. Seignelay, he declared that a war with the Iroquois was inl- 3 Septem. evitable; that Englishmen, led by French deserters, were 13 Sovem. 12 Novem. Denonville trading with the Ottawas; and that it was necessary to to Seigne- subdue the Senecas, and establish good French posts at Ni- lay. agara and on Lake Erie, so as to check both the English and the Indians. The French king should make himself "absolute master" of Lake Ontario, which the English coveted; and " nothing, save the power alone of the Iro- quois, prevents them having posts there, inasmuch as it is quite easy to go from Manatte and Orange to Lake Onta- French rio on horseback - the distance being only one hundred policy pro- leagues through a beautiful country." Denonville also de- sired the Jesuits in Canada to send their Father Millet, lately of the Oneida mission in New York, to Fort Fronte- nac, to be interpreter there, and co-operate with Lamber- ville, who yet lingered among the Onondagas. This was accordingly done. But Denonville, adopting the suggestion of Duchesnan in 1681, urged that "the most certain safe-


* Col. Doc., ix., 269-272, 801; Charlevoix, li., 323, 324; Garneau, i., 256; La Hontan, i., 68; Doc. Hist., i., 121. The French government was so mortified with De la Barre that the copy of his treaty at La Famine, now in the archives of the Marine at Paris, is indorsed by Seignelay, "These are to be kept secret :" Cal. Dec., ix., 236; Doc. Hist., i., TT. As to the orders which Louis asked James to give to Dongan, nothing appears in Dalrymple, or Fox, or Clarke : compare Charlevoix, ii., 331, 600; Cel. Doc., v., 731 ; Colden, i., 41, 250.


432


HISTORY OF THE STATE OF NEW YORK.


1685. 1


Char. IX. guard against the English of New York would be to buy it from the King of England, who, in the present state of his affairs, will doubtless stand in need of the king's money. We should thus be masters of the Iroquois without a war." In the light of Quebec, Denonville reasoned well."


Denonville quickly notified his arrival to Dongan, and complained of the harboring of Canadian deserters in New York-alluding probably to La Fontaine and others. In 13 October. his reply, Dongan charged De la Barre with having " med- Dongan and De- nonville. dled in an affair that might have created some indifference between the two crowns;" and that, as to the fugitives from Canada, they would be surrendered to the proper of- ficers of that government whenever sent for.t.


New Jer- sey, Reid, and Scot.


August.


New Jersey continued to prosper at the expense of New York, yet not to the degree expected by its proprietors. To arouse more interest in Scotland, George Scot, of Pit- lochie, following John Reid, published in Edinburgh a pamphlet entitled "The Model of the Government of the Province of East New Jersey, in America," in which he at- tractively set forth its condition, and refuted objections to emigration. With a ship-load of colonists-many of whom were exiled by Perth and his Privy Council for having taken part in Argyll's rebellion - Scot embarked for the land which he had done so much to make so favorably known. The author died at sea, leaving his printed work immortal. Perth Amboy was now made the seat of gov- ernment instead of Elizabethtown. Dyer, who had been appointed surveyor general of the king's customs in his American Plantations, was admitted by Governor Lawrie to discharge his duties in New Jersey. But he soon com- plained to the commissioners of the customs at London, "that when he prosecuted vessels, the juries found their verdicts against the most undoubted facts."


April. Dyer.


June.


By this time James the Second had settled the affairs of his kingdom greatly to his own satisfaction. Domestic re- bellions, which menaced his throne, had been crushed ; and


* Col. Doc., ix., 165, 265-263, 2:3-256, 297; Doc. Hist., 1, 123-126; La Hontan, i., ¿S; Charlevoix, ii., 323-326, 335 ; Shen'a Missions, 309; Quebee MSS., iv. (ii.), 420; ante, 491. t Col. Doc., ix., 275, 200-293; Charlevoix. ii., 225; ante, 420.


# Wodrow, iv., 216, 220-223, 332, 533; Whitehead's East Jersey, 104-109, 115, 231-333; Contributions, 23-49: Leaming and Spicer, 176, 23; Chalmers's Ann., i., 621 ; Mars. Ber .. v., 530; Penn. Col. Rec., i., 146, 197, 195, 209, 210, 211 ; Ilist. Mag. (if.), i., 57-95; N. Y. C.L. Doc., ii., 354, 392, 493 ; ante, 360, 392, 412.


£


433


THOMAS DONGAN, GOVERNOR.


victims of the Scotch Privy Council, and the remnant who CHAP. IX. escaped the tender mercies of Kirke's " lambs" in the south- west of England, dangerously crowded the ships bound to 1685. the American Plantations. And now the king could think of the deferred affairs of his colonies. The most pressing James of these seemed to be the establishment of a government ill colonial takes up Massachusetts, where, for more than nine months since its affairs. charter had been canceled, local authority had been admin- istered by doubtfully appointed officials. But the Planta- tion Committee moved slowly. They seem to have been aroused by the letters of the Corporation of New York, and of Dyer, the surveyor of the king's customs in East Jersey, complaining of the inconvenience of the existing arrange- ments there. Accordingly, they recommended that writs 15 July. of Quo Warranto should be prosecuted against the proprie- tors of East and West New Jersey, and of Delaware, be- cause it was, growing prejudicial "that such independent governments be kept up and maintained without a nearer and more immediate dependence" on the crown. Quakers and Roman Catholics-Penn, and Perth, and Baltimore -- were alike involved. They were all now the subjects of a new sovereign. Randolph having exhibited articles against the charter officers of Connecticut and Rhode Island, the Plantation Committee also recommended that similar writs should be issued against those corporations. James ap- proved these recommendations, and directed Sir Robert it July. Sawyer, his attorney general, to procced against Connecti- cut, Rhode Connecti- cut and Rhode Island " forthwith," and against the several sey, and claimants of East and West Jersey and of Delaware, "if Delaware. he shall find cause."*




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