USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 13
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t Chalmers, i., 403, 465; New England Entries (S. P. O.), iv., 223, 267, 282, 311; Hutch., i., 362; Arnold, i., 495, 496; Palfrey, iii., 516; Claudian, Stilic., ili., 114; Gibbon, iii., 111; Fox's James II., 57. An engraved copy of this great seal, of which original impressions are now very rare, is published in Valentine's Manual for 1862, 738, 739: see also Hist. Mag., vi., 105, 106 ; Index to New Jersey Doc., 13; Mass. H. S. Proceedings for 1862, 79-S1. Tho lines of Claudian-
. * " Nunquam libertas gratior extat, *
Quam sub rege pio."
are thus translated by Hawkins :
"Ne'er liberty displays a higher grace,
Than under one where piety we trace."
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HISTORY OF THE STATE OF NEW YORK.
Cusr. IX: tinued under the government of New England." Dongan. who felt the inconvenience of that far-off dependency, was 1686. about recommending this measure, so obviously proper. The king accordingly directed him to surrender to the governor general of New England the "Fort and Country of Pemaquid." Andros was at the same time instructed to demand the surrender of the charter of Rhode Island, and to receive a surrender of that of Connecticut, against which writs of Quo Warranto had been issued, and to take both these colonies under his government."
10 Serdem. Dougan or- dered to surrender ir.
13 Septem.
10 June. Dongan's royal com- mission.
According to the declared intention of James, just after his accession, the government of New York was now "as- similated" to that which had been agreed on for New En- gland. A royal commission, very like that to Andros, was issued to Dongan, which, although he was an avowed Roman Catholic, appointed him to be the king's captain general and governor-in-chief over his "Province of New York, and the territories depending thereon, in North America." The Test Act, as we have seen, did not of its own force extend to the English Plantations; and, more- over, James had dispensed with it in England. Dongan was authorized by the king, like Andros, to suspend coun- selors and nominate others for approval, so that there should be always seven at least. With the advice of his council the governor could make laws as near as might be to those of England, which were to be approved or reject- ed by the king; and levy taxes, continue those already im- posed, and erect courts of justice. He was also empower- ed to appoint judges, pardon offenders, " collate any person or persons in any churches" which might be vacant, levy and command the military force of the province, execute martial law, build forts, act as vice-admiral, grant lands. appoint fairs, and regulate ports, harbors, and custom- houses ; and he was required " to take all possible care for the discountenance of vice, and encouragement of virtue and good living, that by such example the infidels may be invited and desire to partake of the Christian Religion."t
Power to make laws.
Other powers.
* Chalmers, i., 421 : Clarke's Jaines II., il., 71; Secret Services Ch. II. and Jac. II., 120); Dalrymple, ii., 55, 65, 103; Col. Doc., ili., 391 ; Doc. Hist., ii., 17; Deeds, viii., 75; Maine H S. Coll., v., 131, 265: Mass. H. S. Coll., xxvii., 160, 162, 163; xxxii., 295, 296; R. 1. Col. Rec .. iii., 215; Col. Rec. Conn., ill., 377, 350; Arnold, i., 495; Palfrey, iti., 516, 517 : ante, 45).
t Col. Doc., iii .- 357, 360, 377-352 ; Col. MSS., xxxiv. (ii.), 6; Chalmers, i., 558; ante. 427. 447. The clause in Andros's commission relative to liberty of conscience and the encour.
453
THOMAS DONGAN, GOVERNOR.
The Instructions of James to Dongan resembled those CHAP. IX. to Andros, and to his other governors in America. Don-
1686. gan was directed to administer oaths of allegiance and of office, but not the Test oath, to Anthony Brockholls, Dongan's 29 May. Instruc- Frederick Phillipse, Stephanus van Cortlandt, Lucas San- tions. ten, John Spragg, Jervis Baxter, and John Younge, whom the king named as counselors of New York, and who were Counsel- to enjoy "freedom of debate and vote in all things to be ors. debated of in council." The governor was to nominate proper persons to be appointed counselors, and to take care that all civil officers were " men of estate and abilities, and not necessitous people or much in debt," and that they should all be "well affected" to the royal government. " And whereas," added the king, " we have been presented with a Bill or Charter passed in the late Assembly of New York, containing several franchises, privileges and immuni- ties mentioned to be granted to the Inhabitants of our said Province, You are to declare our will and pleasure that the said Bill or Charter of Franchises be forthwith repealed The Char- and disallowed, as the same is hereby repealed, determined ter of Lib- and made void :- But you are nevertheless, with our said pealed. Council, to continue the duties and impositions therein mentioned to be raised, until you shall, with the consent of the Council, settle such taxes and impositions as shall be sufficient for the support of our Government of New York. And our further will and pleasure is that all other laws, Taxes and statutes and ordinances already made within our said Prov- tinued. laws con- ince of New York, shall continue and be in full force and vigor, so far forth as they doe not in any wise contradict, impeach, or derogate from this Commission, or the orders and instructions herewith given you, till you shall, with the advice of our Council, pass other laws in our name for the good Government of our said Province, which you are to doe with all convenient speed."" The style of all laws was to be " By the Governor and Council," and not otherwise; and transcripts of them and of the Council Journal were to
agement of Episcopalians (ante, 450), was not inserted in Dongan's, because there was no ne- cessity for it in New York, where conscience had always been free, and where Episcopacy was not opposed. Religious freedom, however, was enjoined in his Instructions : Col. Doc., jiL. 375.
' Col. Doc., iii., 357-350, 369, 370; Council Journ .. i., 45. It will be observed that, al- though the king declined to confirm the New York Charter in March, 1055, he did not re- peal it until May, 1686: ante, 383, 354, 423, 419, 450.
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HISTORY OF THE STATE OF NEW YORK.
tue Ix. be regularly sent to England. "You shall take especial care," was the king's further direction, " that God Almighty
hurch of England service e3-
tabliched.
Church of
England's prefer-
Lieut3.
School- masters from Eu- gland to be
licensed.
1656. be devoutly and duly served throughout your Government : the Book of Common Prayer, as it is now established, read cach Sunday and holiday; and the blessed sacrament ad- ministered according to the rites of the Church of En- gland ;" and " that no minister be preferred by you to any ecclesiastical benefice in that our Province, without a cor- tificate from the most Reverend the Lord Archbishop of Canterbury, of his being conformable to the doctrine and discipline of the Church of England, and of a good life and conversation."# The ecclesiastical jurisdiction of the English primate was ordered to prevail throughout New York in every thing but collating to benefices, granting li- censes for marriage, and the probate of wills, which pow- ers were reserved to the governor. James further direct- ed " that no schoolmaster be henceforth permitted to come from England and to keep school within our Province of New York, without the license of the said Archbishop of Canterbury; and that noe other person now there, or that shall come from other parts, bee admitted to keep school, without your license first had."+ And then James the Second-in the very words he had addressed to Andros in 1674, and which the New York charter of 1683 had limit- ed to Christians-directed Dongan to " permit all persons, of what religion soever, quietly to inhabit within your gor- ernment, without giving them any disturbance or disquiet whatsoever, for or by reason of their differing opinions in matters of religion ; Provided they give noe disturbance to the public peace, nor doc molest or disquiet others in the free exercise of their religion."# The orders of August,
Liberty of conscience in New York.
" Col. Doc., iil., 36, 372 : compare the Instructions to Berkeley and Culpepper, of Virginia, and Lynch and Howard, of Jamaica : Col. Dec., vii., 362, 363: Anderson's Col. Ch., ii., 250, 341, 342; Mass. II. S. Coll., xxxvii., 153 ; Hist. Mag., v., 153. The "ministers" to be pre- ferred to benefices here referred to were those of the "orthodox," or Episcopalian Church of England. Dongan was not instructed to interfere with those of the Dutch, or Lutheran, or other churches in New York. Why the Archbishop of Canterbury, rather than the Bish- op of London, was to have ecclesiastical jurisdiction in the province, will be explained : post, 453.
+ Col. Doc .. iii., 372. This Instruction was the policy of the Church of England influ- encing the Plantation Committee, and not that of James the Second, who had never bef to interfered with school-masters in New York, of all denominations. The restriction som4 to have been adopted by the committee, at the request of Bishop Compton, of London, on 15 April, 1685, and to have been first inserted in the Instructions to Sir Philip Howard, as por- ernor of Jamaica, on 27 April, 1655: Col. Doc., vii., 302, 363; Ellis Correspondence. i .. .. 6. 99, 105, 100; Hist. Mag., vii., 230, # Col. Doc., iii., 218, 352, 373; ante, 201, 853.
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THOMAS DONGAN, GOVERNOR.
1684, prohibiting "any innovation" on the trade of "the CHAP. IX. River of New York" by East Jerseymen or others, under "groundless pretences," were renewed ; and all goods pass- 1686. No innova- ing up the Hudson River were required to pay duties at tion on the New York." Dongan was also instructed to encourage River. Hudson "the Indians, upon all occasions, that they may apply themselves to English trade and nation, rather than to any others of Europe. But you are alsoe to act soe prudently, in respect to your European neighbors, as to give them noc just cause for complaint against you." * * * "You are to give all due encouragement and invitation to merchants and others who shall bring trade into our said Province, or any way contribute to the advantage thereof; and in par- ticular to the Royal African Company of England. And you are to take care that there be no trading from the Province of New York to any place in Africa, within the charter of the Royal African Company. And you are not Royal Af- to suffer any ships to be sent thither without their leave or pany, rican Com- authority."t Treaties with foreign powers were to be care- fully observed; and New York was required to pass a law against pirates, according to a transmitted formula. "In- human severities," which bad masters might use against their Christian servants or slaves, were to be restrained by law, and the willful killing of Indians and negroes made punishable by death. The conversion of negroes and In- Conversion dians to Christianity was to be encouraged. The govern- and In- of negroes or's salary was fixed at six hundred pounds sterling a year, New York. dians in to be paid out of the provincial revenue. " And forasmuch as great inconvenience may arise by the liberty of printing within our Province of New York, you are to provide by all necessary orders, that no person keep any press for No unli- printing, nor that any book, pamphlet, or other matters printing. censed whatsoever, bee printed, without your especial leave and license first obtained."# Such were the main features of
* Col. Doc., iii., 24S, 249, 373 ; ante, 411.
t Col. Doc., ili., 245, 365, 374; Col. MSS., xxxv., 77. Of this Royal African Company- one of the purposes of which was to bring negro slaves to America-James, while Duke of York, had been governor : ante, G. In September, 16$1, Governor Lynch, of Jamaica, was instructed to encourage this Royal English Company's trade in "merchantable negroes :" Anderson's Col. Ch., ii., 251.
$ Col. Doc., iii., 374, 375. This restriction of the press in New York was according to the precedents of the Plantation Committee, in their In-tructions to the several colonial gov- ernors. Ax proprietor, James had given no such orders to Nicolle, or Lovelace, or Andros, or Dongan : see ante, So, 145, 140, 338, 434, 436, 445, 451.
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156
HISTORY OF THE STATE OF NEW YORK.
Cuar. IX. the Instructions of James the Second to Dongan. Thus
" a real tyranny," like that in New England, was establish-
1686. ed in New York, which, deprived of its popular Assembly, was "reduced once more to the condition of a conquered Province."*
3 June. The Plantation Committee likewise ordered Dongan to Orders of the Planta- send them, every quarter, a particular account of all in !- tion Com- mittee. portant matters concerning the province, with his opinion how its government might be improved. Secretary Spragg was also directed to transmit official transcripts promptly and faithfully.1.
10 June.
By James the Second's Instructions to Dongan, the Epis- copal Church of England was, for the first time, directed to be especially fostered, and the " ecclesiastical jurisdic- James the Second es- tablishes the English Episcopal Church in New York. tion" of its primate to be established, "as far as conven- iently may be," in New York. Some episcopal power in his colonies appears to have been delegated by Charles the Second to the Bishop of London. But, as late as 1675, the Plantation Committee were doubtful of its extent ; and the prelate himself considered his duties as merely ministe- rial, " the Plantations being no part of his diocese, nor had he any authority to act there." After the accession of Bishop Compton, James the Second in April, 1685, Bishop Compton, of Lon- don, was, at his own special request, authorized by the king to exercise "all ecclesiastical jurisdiction" in the Planta- tions, including the licensing of school-masters going thith- er from England. The bishop's power was accordingly de- clared in colonial Instructions: But Compton, having of- fended James by opposing his abrogation of the Test Act, January. was removed from the Privy Council early in 1686. For this reason the king, in his Instructions to Dongan, ordered Archbishop that the Archbishop of Canterbury, and not the Bishop of Sancroft. London, should have ecclesiastical jurisdiction in New York.#
* Col. Doc., iii., 369-375; Chalmers's Ann., 1., 598; Rev. Col., i., 131.
f Col. Doc., iii., 375, 376; Council Min., v., 241.
# Col. Doc., iii., 253, 372; vii., 362, 363; Anderson's Col. Ch., i., 411, 412 ; ii., 284-201 ; Hist. Mag., v., 153; Miller's N. Y., 108 ; Hazard, i., 344; Burnet, i., 665; Reresby, 226; Evelyn, ii., 258; Mackintosh, 55; Macaulay, ii., 32, 25; Ellis Corr., i., 6; ante, vol. i., 255, 25S. The authority under which Bishops Compton, Robinson, and Gibson, of London, suc- ces-ively exercised episcopal power in the Plantations, was the instructions of the English sovereign. But, as that sovereign could delegate his supreme ecclesiastical jurisdiction over the British colonies only by his patent under the great seal, the attorney and solicitor general reported their opinion, in 1725, " that the authority by which the Bishops of London had act- ed in the Plantations was insufficient." A patent was accordingly granted to Bishop Gib-
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457
THOMAS DONGAN, GOVERNOR.
Curiously enough, the "Defender of the Faith" of En- CHAP. IX. glish Episcopalians was a notorious Roman Catholic. This was very queer to honest Protestants. James openly re- 1686. jected the English communion, and partook of the Roman mass in his palace. Encouraged, perhaps, by the former subserviency of Oxford, the king resolved to maintain his ceclesiastical supremacy. Accordingly, in defiance of pre- cedents, he commissioned Chancellor Jeffreys, with Arch- 14 July. ! bishop Sancroft and others, to punish summarily all who & August. should oppose his will in religious matters. This arbitrary commission suspended Compton from his episcopal func- 6 Septem. tion. James then appointed the Bishops of Durham, Roch- clesiastical James's ec- ester, and Peterborough to manage the diocese of London commis- during the suspension of Compton. But Sancroft, the pends Bishop Archbishop of Canterbury, although a weak man, was Compton. honest enough not to approve these illegal acts of his sover- eign. The king therefore ordered in council " that the ec- 27 October. clesiastical jurisdiction in the Plantations" should thence- clesiastical English ec- forth be exercised by the commissioners whom he had ap- tion in the jurisdic- pointed in place of the Bishop of London. Thus the colo- coloniez. nial episcopacy of the English primate, Sancroft, under James the Second, was even more short-lived than that of his subordinate, Bishop Compton .*
Yet English Episcopalianism did not gain much foot- hold in New York. The Reverend Alexander Innis was 20 April. commissioned by James to succeed Josias Clarke as the Chaplain "orthodox" chaplain of his garrison at Fort James. But Fort Innis at while the King of England was a Roman Catholic, " the James. Church," of which he was the lawful head, could scarcely thrive among honest colonial Protestants outside of the citadel.+
Dongan's royal commission and Instructions reached him on the fourteenth of September, 1686, when " his Ex- 14 Septem. cellency did take an oath duly to execute the Office and Dongan re- vez his royal com- trust of Ilis Majesty's Captain General and Governor-in- mission.
son by George the First, in February, 1:27, and another by George the Second in April, 1723: Col. Doc., v., 849-554; vii., 563.
' Clarke's James II., ii., SS-93: Dalrymple, il .. 77-79 ; Burnet, 1., 674-678; Evelyn, ii., 267; Kennett, iii., 454-400 ; Rapin, ii., 155, 756; Lingard, xiv., 92-05; Mackintosh, 68-70; Ellis's Corr., i., 144-149, 100, 1ST ; Hargraves's State Trials, iv., 247-254; Macaulay, ii., 92-97; Col. Doc., ill., 368; ante, 414.
+ Decda, viii., 13, 51, 30; Col. Mass., xxxiii., 304; Col. Dec., iii., 415; Doc. Ilist., iii., 245, 265; ante, 407.
7 October.
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458
HISTORY OF THE STATE OF NEW YORK.
1686. Dongan's erunvelors worn.
Cuar. IX. Chief in and over the Province of New York and the ter. ritories depending thercon." Brockholls, Phillipse. Van Cortlandt, Spragg, Baxter, and Younge, whom the king had named as his counselors, were also sworn; but San- ten's oath was deferred, because he was a hypochondriac, subject to fits, and "wholly unfit for business."*
4 Septem. Assembly prorogued.
9 Decem. Dongan and his council
Population of New York. 1 At this time the population of New York was about eighteen thousand ; although it was "not possible to give an exact account." The provincial Assembly had adjourn- ed to meet on the twenty-fifth of September, 1686. Don- gan, however, had meanwhile thought fit, " for weighty and important reasons," to prorogue it until the twenty-fifth of March, 1687. This he did, just ten days before he received his new commission and Instructions from James the Sec- ond, which abolished an Assembly in New York, and vest- ed all legislative power in the governor and council of the province. After pondering this grave matter, Dongan and his council at length " ordered that all the branches of the revenue, and all other laws that have been made since the take order. year 1683, except such as His Majesty has repealed, re- maine and continue as they now are, till further considera- 13 Decem. tion." They also directed that " every Monday be council- Council- day. day for the consideration of the King's affairs, and every Thursday for the hearing of public business." The next 1687. month Dongan issued his proclamation that the General 20 Jan'y. The New York .As- sembly die- Assembly of the Province of New York was " dissolved." By this formality all the legislative authority which the solved. king could vest in them, as his provincial subordinates, and which Judge Palmer and Attorney General Graham pro- 13 Decem. nounced to be "sufficient," remained in the hands of Don- gan and his council. It was an awful trust; yet it was not 1 the less a legal delegation of the sovereign's power. It was the forerunner of revolution. In the fullness of God's time, English subjects in America were to maintain the truth that "only a State can tax itself," which Hollanders had taught to Europe in 1572, when they perilled every thing to stop the exaction of an arbitrary tithe.+
Dongan and his council did their first legislative duty,
* Council Min., v., 172, 173: Col. Doc., iii., 369, 404, 416; ante, 453.
t Council Min., v., 164, 172, 133, 1>3. 150 ; Col. MISS., xxxiii., 291; xxxiv., S1, S3 ; xxxv .. 16; Col. Doc., ill., 395; Council Journ., i., Introd., xv., xvii. ; Min. of N. Y. Common Cout. cil, i., 303; ante, vol. 1., 412 ; ii., 428, 410.
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459
THOMAS DONGAN, GOVERNOR.
under their new instructions from King James the Second, CuAr. IX. by re-enacting the former revenue law passed by the New York Assembly in October, 1683, in consideration of his 1687. 24 Febr'y. expected " confirming" of their charter; and another against First laws passed by privateers, according to the model which had been furnish- Dengan ed from England. During the following summer and an- council. and his tumn, other laws of more or less importance were enacted. Among them was one to prevent Boston merchants, who refused to pay New York duties, shipping oil from the east end of Long Island ; they must now export from the me- tropolis, and pay honestly, as others did, and as the law re- quired. A patent, with the usual privileges, was also grant- 19 May. Kingston ed to the town of Kingston, formerly known as Esopus, in patent. Ulster County."
The Quakers in New York now raised an interesting question. By the militia law, persons who refused to train were liable to have their goods seized if they did not pay their fines. This the Quakers did not like, because they scrupled to bear arms. Accordingly, they presented an 21 Febr'y. address to Dongan, claiming that, by the Charter of Liber- Quakers in ties, all peaceable persons professing faith in Christ should not ex- New York enjoy freedom of conscience in New York, and that the from mili- seizure of the property of Quakers for not training was "an ice. tary serv- infringement upon the liberty granted in the forecited act." The absurdity of this position was evident. The council accordingly, on examining the militia law, " unanimously gave it for their opinion that no man can be exempted from that obligation, and that such as make failure therein, let their pretents be what they will, must submit to the un- dergoing such penalties as by the said Aet is provided."+
Anxious to have the northern boundary between New Northern York and New Jersey settled, Dongan had agreed with between boundary Lawrie in April, 1684, to appoint surveyors to run the line and New from the Hudson River to the forks of the Delaware, now Jersey. known as Port Jervis. George Keith was accordingly named surveyor for East Jersey, Andrew Robinson for West Jersey, and Philip Wells, the New York surveyor general, who had been Andros's steward, and one of the surveyors of the Connecticut boundary in 1684, on the part
New York
· Col. MSS., xxxv., 32-115: Doc. Hist., i., 429 ; Patente, vi., 300-309; Council Journ., i., Introd., xvii .- xxi .; ante, 157, 3-4. 415, 420.
1 Col. MSS., xxxv., 35, 36, 169; Dec. Ilist., H., 607, COS, 609 : ante, 353.
460
HISTORY OF THE STATE OF NEW YORK.
CHAM. Ix. of New York. The New Jersey boundary-line, however, was not run for several years .*
16ST.
Perth Amboy having been made the capital of East der- sey, its nearness to the sea attracted commerce, which Don- gan thought illicit. So he reported to the English Planta- Febr'y. Dongan complains of East Jersey. tion Committee : " As for East Jersey, it being situate on the other side of Hudson's River, and between us and where the river disembogues itself into the sea ; paying nee Custom and having likewise, the advantage of having bet- ter land and most of the Settlers there out of this Govern- ment, Wee are like to be deserted by a great many of our Merchants whoe intend to settle there if not annexed to this Government. Last year two or three ships came in there with goods and I am sure that that Country cannot, noe not with the help of West Jersey consume one thou- sand Lb. in goods in two years, soe that the rest of these Smuggling. Goods must have been run into this Government without paying his Majesty's Customs, and indeed there's no possi- Beavers and peltry taken to Est Jer- tey. bility of preventing it. And as for Beaver and Peltry, it is impossible to hinder its being carried thither ;- the In- dians value not the length of their journey soe as they can come to a good Market which those people can better af- ford them than wee, they paying noe Custom nor Excise in- wards or outwards. An other inconveniency by the Gov- ernments remaining as it does is that privateers and others can come within Sandy Hook and take what Provisions and Goods they please from that Side. Alsoe very often shipps bound to this place break bulk there and run their Goods into that Colony with intent afterwards to import the same privately and at more leisure into this Province notwithstanding their Oath, they salving themselves with this evasion that that place is not in this Government -- To- Interlopers day an Interloper landed five Tun and one half of teeth land ivory in New Jersey. there. To prevent all which inconveniences and for the securing of this place from enemys, I desire to have an or- Dongan der to make up a small Fort with twelve guns upon Sandy build a fort Hook, the Channell there being soe near the shore that noe wishes to on Sandy Hook.
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