USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 4
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After visiting his friends on Long Island, Penn came · back to Upland, or Chester, where he held his first Assem- 7 Decem. bly, and organized his provincial government. He then visited Lord Baltimore, to confer about their respective 11 Decem. boundaries. On his return from Maryland, Penn went to Coaquannock, near Weccacoe, a neck of land where the Schuylkill flows into the Delaware, which had been occu- pied by the Dutch in 1646. It was now possessed by Swedes, who had built a church. From them Penn ac- quired the ground, and then planned a city, which he Philadel- named " Philadelphia." This was just fifty-six years after ed. Minuit had bought for the Dutch the island of Manhattan from its aboriginal owners.§
phia found-
* Hazard's Reg. Penn., i., 875, 376, 420, 430 ; ii., 202: Annals, 556-503: Entries, xxxiii., 33; Col. Doc., iii., 200; Penn. Arch., i., 52, 53, 50; Mein. Penn. H. S., 1, 444 ; Chalmers, i., 643; Proud, i., 200-203; ante, 848, 258. On the 22d of March, 1653, the duke obtained from the king a patent in fee for the Delaware territory, which he delivered to Penn in puran- ance of his conveyance of the 24th August, 1652 . Hazard's Reg. Penn , il., 202; Ann. Penn., OSS: Proud, i., 282.
f Prond, i., 204-20); Chalmers, i., 662; Dixon, 195-203: S. Hazard, Ann. Penn., 5, 533, 596, 597, 602, 603, 605, 612 ; Reg. l'enn., i., 420: ante, vol. i., 79, 97.
# Proud, i., 208, 209, 268; Chalmers, i., 662; Hazard's Annals, 605, 606, 607, 635, 636; Reg. Penn., iii., 34; Entries, xxxiii., 20, 21, 53.
$ Proud, i., 200-500, 211, 203, 234, 262. 250 : Hazard's Annals, SO, 417, 468, 447, 463, 407. 504, 607-634; Reg. Penn., 1, 400, 436; Watson's Annals, 121, 183 ; Dixon, 204, 205 ; Upland Records, 67. 124, 153; G. Smith's Delaware County, 102, 115, 100-142; unte, vol. i., 164, 426, 427 ; ii., 301, 349.
36S
HISTORY OF THE STATE OF NEW YORK.
CHAP. VII.
1683.
Penn's treaty et Shacks- maxon.
An event now took place of which no original record appears to have been preserved. Under a spreading elm- tree on the bank of the Delaware, at Shackamaxon, now known as Kensington, just north of the city of Philadel- phia, William Penn made his first personal covenant with the native owners of his province. Declining to call the red men his " children," as did Onnontio of Canada, or " brethren," as did Corlaer of New York-even rejecting their own metaphor of a chain, which he suggested might rust -- the adroit Quaker announced that Christians and In- dians in his province "should be as one people." The sen- timent touched the children of the forests, who vowed that they would live in friendship with "Onas" --- which in their language signified "a pen"-as long as "the sun, moon, and stars endure."*
2 Feb'y. East Jersey affairs.
In the mean time the grantees under the will of Sir George Carteret had conveyed East Jersey to William Penn, Thomas Rudyard, and ten other Quakers. These twelve proprietors each sold half of his interest to a new associate, among whom were James Drummond, carl of Perth, the lord justice general of Scotland, John Drum- mond, his brother, afterward Earl of Melford, and Robert Barclay, of Ury, the famous author of the " Apology." Sir George Mackenzie, afterward Viscount Tarbet, the witty register and advocate of Scotland, was soon added as an associate .¡ The twenty-four proprietors made Barclay the governor of their province, with leave to execute his office 16 Septem. by deputy. Barclay therefore appointed Rudyard, who had been Penn's counsel in 1670, his representative; and Sam- uel Groom, another of the twelve first grantces, was made receiver and surveyor of East Jersey. The new officials hastened to Elizabethtown, where Philip Carteret at once resigned his authority to Rudyard .; Among the counsel- * Hazard's Annala, 634, 635; Proud, i., 212-215; Watson, 125-131; Dixor, 210-216: Col. Rec. Penn., iii., $10-312; Bancroft, ii., 391-383 ; Chalmers, i., 614; ante, 282. I have a box made out of a piece of Penn's "treaty-tree," which was blown down on the 3d of March, 1810. There is a fine engraving of this elm in the frontispiece to Pinkerton's Voyages, vol. xii. t Leaming and Spirer, 73, 145, 146; Col. Doc., fil., 329 ; Gordon, 50; Beatson, ii., 72, S; ; Hatfield, 210, 211 ; ante, 342.
13 Novem. Rudyard succeeds Carteret.
# Philip Carteret, who had married Elizabeth Lawrence, of New York (inte, 319, 251), die I not long afterward, having made his will on 10th December, 1682, in which he directed li's body to be buried in the city of New York : Whitchead's East Jersey, $5; Hatfield, 212. 2:3 S August, 1632, Carteret petitioned Brockholls for an order to enjoy the meadow-land ... Staten Island which had been allowed to him by Nicolls in 1667 cante, 150), and his rope 4 was granted : Col. MISS., xxx., 112; xxxi., 164; Hist. Mag., x., 937-999 ; N. J. H. S. Fr ., i. (ii.), 31-36.
*
208
369
ANTHONY BROCKHOLLS, COMMANDER-IN-CHIEF.
ors appointed by Rudyard were Lewis Morris, John Berry, Cuar. VII. and John Palmer. An Assembly was summoned to meet 1682. at Elizabethtown, at which East Jersey was divided into 13 Decem. four counties. One of them, Bergen County, was carefully 1683. described as containing "all the settlements between IIud- 1 March to 23 March. son's River and Hackinsack River, beginning at Constable's Hook, and so to extend to the uppermost bound of the Province Northward, between the said Rivers." By this act the East Jersey Legislature honestly admitted that Stat- en Island belonged, as it really did, to New York.# Rud- yard was soon afterward visited by William Penn, who ad- April. mired the land around Elizabethtown, "and said he had never seen such before in his life." But Amboy, at the mouth of the Raritan River, was meant to be the future great city of East Jersey. Delicious oysters abounded there, although clams were then esteemed "much better." Amboy was described as "extraordinary well situate for a so May. great town." The oysters of the "Chingerora" Creek were, and are, supremely good, and the channel was "broad and bold" from Sandy Hook to Amboy Point, where three houses had already been set up. But workmen were scarce; and Groom prophetically remarked that, " if no help comes, it will be long ere Amboy be built as London is."}
In spite of the efforts of Canada, the fur trade was at- tracted from Montreal to Albany. De la Barre attempted Canada harsh measures, but only drove away his own colonists, of York. whom more than sixty went to live in New York. Ile there_ 1 April. fore sent the Sieur de Salvaye to the governor of New York, 15 April. asking him to prevent such desertions. In reply, Broekholls 31 May. assured De la Barre that Andros had already done all he could to check runaways without passports to or from Can- ada ; and that other measures must be left to his successor, Dongan, whose arrival was daily expected.#
and New
* Leaming and Spicer, 220 ; Whitehead's E. J., 95, 27, 98; Yonkers Gazette of 25 Novem- ber, 1565, and 20 January, 1866; ante, 119.
t Leaming and Spicer, 78. 141, 227-252; Entries, xxxil., 48; S. Smith, 156, 166, 167-175, 530-546; Whitehead's East Jersey, S0, 83, 85, 80, 91, 95-9, 1: 6-203, 211, 278-283 ; Contribu- tione, 2-6; Sewell, 504; Scott's Model; Dankers and SInyter.
: Charlevoix, ii., 3 5; Entries, xxxiii , 59, 60, 65; Col. Doc., ill., 453, 471; ix., 100, 200, 203, 205, 212, 215, 221, 326.
II .- AA
370
HISTORY OF THE STATE OF NEW YORK.
CHAPTER VIII.
1683-1685.
Cu. VIII. 1682.
Colonel Thomas Dongan, governor of New York.
DETERMINED to give his American province the fran- chises its people desired, the Duke of York sought an able colonial governor to take the place of Andros, who was now basking in London and in the Channel Islands. The man chosen by James was Colonel Thomas Dongan, born in 1634, a younger son of an Irish baronet, Sir John Dongan, and a nephew of Richard Talbot, afterward created Earl and Duke of Tyrconnel, in Ireland. William, the oldest son of Sir John, had been made, by Charles, Baron Dongan and Viscount Claine, in the Irish peerage. Thomas Don- gan of course gained advancement by his brother's and his uncle's influence at the English court. Dongan was quick- ly promoted to be a colonel in the royal army, and, having been assigned to serve with his Irish regiment under Louis, was stationed for some time at Nancy. In 1678 he was ordered home from France, to his pecuniary loss; but was rewarded by Charles with a pension and the appointment of lieutenent governor of Tangier, in Africa, under Lord Inchiquin, whence he was recalled in 1680. Dongan was a Roman . Catholic; enterprising and active ; coveting money, yet " a man of integrity, moderation, and genteel manners." His experience in France was an important recommendation, because of the delicate relations between New York and Canada, and the necessity of managing them skillfully on the English side."
* Col. Doc., if., 741; ill., 423, 400, 462, 463 ; ix., 200, 208, 323; Hutch. Coll , 512: Smil!". i., 66 ; Narcissus Luttrell, i., 36, 52 : ii., 199 ; iv., 465, 625 ; Evelyn, ii., 151 ; Beat on. ii. I'd. 112, 199; Macaulay, ii., 49-50 ; Kennett, iii., 357, 301 ; Liber Hibernia, i., 10, 25; LaL". i. . 46; v., 42, 52 ; Memoirs of Lady Fanshawe, 177, 178, 182; N. Y. Conn. Jour., i., Intr .t . xxxiii .; ante, 357. In December, 1655, Lord Dongan was made Earl of Limerick ; and i . 1600 he commanded a regiment of dragoons under James at the battle of the Best .f . which he was outlawed by the government of William and Mary. Lord Limety kan ! ! Saint Germaina in 1008, and was succeeded in his titles by his brother Thomas : ( ... Journal, xii., 278.
0T8
10.3
371
THOMAS DONGAN, GOVERNOR.
Dongan was accordingly appointed governor of New Cu. VIII. York. With one exception, his commission was like that which James gave to Andros in 1674. The only difference 20 Septem. 1682. was that East and West New Jersey, just released to others, Dongan's , commis- were excepted from Dongan's jurisdiction. But the west sion. side of the Connecticut River was still declared to be the eastern boundary of New York, and Pemaquid, Martha's Vineyard, and Nantucket were retained as its dependen- cies. The Delaware territory had been relinquished to William Penn. A separate commission as vice admiral, like that to Andros, was also given to Dongan by the Duke 30 October. of York as lord high admiral. After some delay, Brock- 1683. holls was notified that the new governor would soon be at 4Jan'y. his post, and, in the mean time, he would signify the duke's pleasure, in pursuance of his instructions .*
The preparation of Dongan's instructions was retarded 1682. by the proprietors of East Jersey, on whose behalf Sir Dongan's ¡. 21 Decem. George Mackenzie, the lord register of Scotland, desired to instruc- have their government "rather holden by charter from His ed. Royal Ilighness, than, as it is at present, by transmission from our authors, without any augmentation of our priv- ileges, but, only to be under the Duke's immediate protec- tion." This request was so vague that Werden had to in- 1683. quire whether the proprietors of New Jersey desired " to 4 Jan'y. join it to New York, as heretofore," and share in its advan- tages, or whether, in asking the duke's " protection," they wanted only a direct grant to them from himself. The latter being avowed as their real object, James readily exe- cuted an instrument by which, disregarding his release of 14 March. October, 1680, to the young Sir George Carteret, he con- firmed East New Jersey to the Earl of Perth and his asso- ciates, together with all the powers granted in the royal patents to himself. The king also commanded all persons 23 Novem. " concerned in the said Province of East New Jersey" to yield obedience to its proprietors.+
This Jersey episode having been arranged, Dongan's in- structions were completed. They were carefully framed, apparently by James himself, as a full answer to the peti-
* Col. Dec., ifi., 215, 328. 399, 330 ; Commissions, etc., i .. 50, 61 ; ante, 262, 367.
f Col. Doc., ill., 220, 330; Lemming and Spieer, 141-152, 604; Beatson, ii., 72; Clarke's James II., i., 731; Grahame, 1., 451 ; Gordon. 50, 51: Whitehead, SS, 195, 196; Eastern Bound- ary, 31, 49; Yonkers Gazette, 6 January, 1806; ante, 342.
tions delay-
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372
HISTORY OF THE STATE OF NEW YORK.
CH. VIII. tion of June, 1681, and after Andros, Nicolls, Dyer, and 1653. Lewin had explained to his commissioners the real condi- tion of New York. Perhaps the frame of government which Penn had published in the previous spring may have, in some degree, influenced the duke." At all events, 27 Jan'y. Dongan's Instruc- tions from James. James instructed Dongan on his arrival at New York to call together Frederick Phillipse and Stephen van Cort- landt, its only actual counselors, and other "most eminent inhabitants," not exceeding ten in all, and swear them to allegiance to the king, fealty to the duke as " lord and pro- prietor," and official faithfulness as members of his coun- Counselors. cil.+ These counselors were to "enjoy freedom of debates and vote in all affairs of public concern ;" but they might be suspended by the governor until the duke's pleasure should be signified. With the advice of his council, Don- gan was, immediately after his arrival, to issue writs to the proper officers in every part of his government for the elec- General Assembly. tion of "a General Assembly of all the Freeholders by the persons who they shall choose to represent them," in order to consult with the governor and council "what laws are fit and necessary to be made and established for the good weal and government of the said Colony and its dependen- cies and of all the inhabitants thereof." This Assembly, which was not to exceed eighteen, was to meet in the city of New York. "And when," added the duke to Dongan, " the said Assembly so elected shall be met at the time and place directed, you shall let them know that for the future it is my resolution that the said General Assembly shall have free liberty to consult and debate among themselves all matters as shall be apprehended proper to be established for laws for the good government of the said Colony of New York and its dependencies, and that if such laws shall be propounded as shall appear to me to be for the manifest good of the country in general, and not prejudicial to me, I will assent unto and confirm them." All laws agreed to by the Assembly were to be submitted to the governor,
Powers of the Assem- bly.
* Ante, 353, 354, 850. Several writers say that the Duke of York's instructions to Don- gen were based upon the advice of Penn, after his visit to New York in November, 1652 : ante, 361. I have seen no evidence to support this statement; and, from a comparison of dates and other circumstances, do not think it probable.
t The cath required by the " Test Act" of 1073 was not imposed on offiser- in the British colonies until after the accession of William the Third, in 1680: compare Col Doc., iii., 331, 369, 543, 623, 6-5; ante, 202,201; post, 025.
373
THOMAS DONGAN, GOVERNOR.
who could approve or deny them, according to his judg- Cn. VIII. ment. Such laws were to be confirmed or rejected by the duke; yet they were to be "good and binding" until he 1683. Effect of should signify his disapproval-then they should " cease, laws. and be null and void." No man's life or property within the government of New York was to be taken away or harmed "but by established and known laws, not repug- nant to, but as nigh as may be agreeable to the laws of the kingdom of England." None were to be admitted to pub- lic trusts " whose ill fame and conversation may bring scan- powers. _ Dongan's dal thereupon." With the advice of his council, the gov- ernor might establish courts similar to those in England, grant lands, set up custom-houses, regulate the militia, and build fortifications ; but no war could be made without the duke's command, nor any duties levied until enacted by a colonial Assembly. Peculiar "immunities and privileges," New York proposed to be given to the metropolis, were to be reported. city. Pemaquid was to be regulated so as to secure "the best ad- Pemaquid. vantage" to New York. As soon as he could, Dongan must settle the boundaries of the "territories towards Connecti- cut." But no reference was made to religion, as in James's instructions to Andros."
Thus the inhabitants of New York were enabled by James to share colonial authority. This event occurred at a re- markable period. The political corporations, which so Political largely influenced English politics, were being remodeled. tions which considera- Charles's "vigorous counsels and resolute methods" were James moved chiefly owing to the advice of the Duke of York; and the abrogation of the New England charters, which contrasted unfavorably with that of Pennsylvania, was contemplated. These charters were prized by their grantees, not because they secured civil and religious liberty to all the inhabit- ants, but because they restricted colonial authority to the members of the corporations. The chartered oligarchies in New England had been watched with interest by the duke, who perceived that they were administered for the chosen few, and not for the unprivileged many. James was bigoted and imperious, but just. Excluded from hold- ing office within England by its " Test Act," he naturally abhorred all laws which made distinctions in religion. In
. Colonial Documento, fii., 215, 331-334; Council Journals, I., Introd., ix., x. ; ante, 261.
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374
HISTORY OF THE STATE OF NEW YORK.
Cu. VIII. his judgment, all British subjects in America were entitled 1683. to be governed impartially. His chief dislike of an Assem- bly in New York was because it might be an "imitation" of some of those in New England. He did not object to one like that which the king had recently granted to Pen- sylvania, nor to those enjoyed by Virginia and New Hamp- shire. In the form of government which the proprietor now established in New York, he aimed to secure its de- pendence on the British crown, and the participation of all its freeholders in its local legislation. By retaining in his own hands the power to appoint its governor and counsel- ors, James maintained the colonial subordination of New York. What its people desired was to levy their own tax- es and make their own laws, by an Assembly elected by themselves, as in Virginia, New Hampshire, and Pennsyl- vania. In this respect their wishes were fully met by the duke, who established in his province a more democratic government than any of the chartered colonies in New En- gland enjoyed. Freer than their fellow-subjects in these oligarchies, the freeholders of New York now gained the right to elect their own representatives in an Assembly."
Freedoms in New York.
2 March. James'slet- ter to New York. In a letter to " The General Assembly of New York," James said that he had directed Dongan to call them to- gether to " consult and propose all such matters as shall be for the public good." Instead of John West, who held 97 Jan'y. John Nicolls's old office, he also made Jolm Spragg secretary of Spragg sec- his province. As Dyer had been appointed surveyor gen- retary. 4 Jan'y. 17 Feb'y. 28 April. Luces San- eral of the king's customs in America, Lucas Santen was made the duke's collector and receiver in New York and ten collect- its dependencies, with instructions like those of his prede- cr. cessor. The Reverend Doctor John Gordon was also com- missioned to be chaplain of the soldiers in New York. An English Jesuit priest, Thomas Harvey, of London, likewise accompanied Dongan, who embarked for America in the old Parliamentarian frigate "Constant Warwick."t
* Col. Doc., ifi., 230, 235, 317, 831, CTT; Smith, 1, 66; Chalmers's Ann., 1., 274-977, 251, 605; Rev. Col., i., 109; Hutch. Coll., 328, 481, 534-533; Rapin, ii., 725, 726; Burnet, i., 523, 527, 52S ; Clarke's James IL, i., 733-738; Dalrymple, i., 21-23; Story's Misc., 66; ante, i., 203, 331 ; il., 202, 358.
t Col. MSS., xxxi., 13; Council Journals, i., Introd., x., xi. ; Council Min., v., 242; Com- missiona, i., 71, 12; Minutes N. Y. Com. Coun . i., 151 ; Col. Doc., ill., 922, 335, 336, 415; D. C. Hist., iii .. 73 ; Adlard's Sutton Dudley's, 75; . Oldmixon, il., 36; Pepys, i., 74; Letter of Selyne, 21 October, 1683; ante, 350. Chaplain Gordon appears to have been the successor
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375
THOMAS DONGAN, GOVERNOR.
" With a considerable retinue," Dongan arrived at Nan- Ca. VIII. tasket, and set out for New York overland, accompanied some ten miles, to Dedham, by a troop of Boston militia, "besides severall other gents of the town." Crossing the 15 August. 1683. 10 August. Arrival of Sound to Long Island, Dongan's attention was aroused by Dongan in Massuchu- the disaffection of the people; and, "to extinguish the fire setts. of discontent," he assured them that "no laws or rates for the future should be imposed but by a General Assembly.""
The governor reached New York on Saturday, the twen- ty-fifth of August. The next Monday morning he met the 27 August. magistrates at the City Hall, where he published his com- mission and exhibited his instruction respecting special privileges to the metropolis. The following day he dined 28 August. with the city authorities, and, according to their record, New York. Dongan in "his honor received a large and plentiful entertainment, and they had great satisfaction in his honor's company."t
John Spragg was at once installed as secretary of the province, and Brockholls, with the former secretary, Mat- thias Nicolls, who had returned from England, and others, were directed to catalogue the records surrendered by West. 2 August. Mayor Beekman, with Van Cortlandt, Santen the collector, Captain Mark Talbot, and Gabriel Minvielle, were appoint- Fort ed to survey Fort James, and Captain Thomas Young to be 31 August. pilot of the port of New York .; Port pilot.
After a hurried visit to Albany, the governor summoned 13 Septem. the freeholders of New York, Long Island, Esopus, Albany, Assembly A General Pemaquid, and Martha's Vineyard, to choose representatives summoned. to appear for them at a General Assembly to be held at the metropolis on the seventeenth day of October. John West, the clerk of the Court of Assizes, was also directed to de- 15 Septem. liver all its records to Secretary Spragg.§
The cause of Dongan's rapid visit to Albany was Penn's attempt to secure the upper Susquehanna valley to himself. Penn and the Susqno Finding that some of the Iroquois nations claimed that re- hanna. gion by right of conquest, Penn commissioned one of his
of Wolley, who returned to England in 1680 (ante. 332), and was pail salary from 26 Novem- ber, 1652, to 6 October, 1683 : Camden Scc., Secret Services Charles II. and James II., 128.
* Adlard's Sutton Dudley's, 75, 76 ; Smith's New York, i., C ..
t Minutes of C. C., i., 171; Dunlap, 1 .. 133; Smith. i., 06; Col. Doc., iii., 334; ante, 373.
Entries, xiii., 79-51 ; Minutes of C. C., i., 171 ; Col. Doc., iii., 314, 315, 839 ; Colonial MISS., xxxiv., 1, 2.
§ Doc. Ilist., i., 952, 260 ; Col. Doc., iii., 331; Council Minutes, v., 1, 2, 3 ; Journals of Leg- islative Council, i., Introd , xi.
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376
HISTORY OF THE STATE OF NEW YORK.
CH. VIII. councilors, William Haige, with Alderman James Graham, of New York, to buy it for him from the savages. The 1683. Pennsylvania agents were at Albany on this business when Dongan reached New York. As soon as he could, the gov- 6 Septem. ernor went up himself, and directed the Albany commis- S Septem. saries to examine the matter. They reported that a set- tlement on the Susquehanna would be " much nearer to the Indians" than Albany, and that Penn's purchase there would "be prejudicial to his Royal Highness's Govern- 1S Septem. ment." Dongan accordingly ordered them "to put a stop to all proceedings in Mr. Penn's affairs with the Indians until his bounds and limits be adjusted." The Albany 24 Septem. magistrates wrote, the next week, that "there hath not any . thing ever been moved or agitated, from the first settling of these parts more prejudicial to his Royal Highnesses interest and the inhabitants of this Government, than this business of the Susquehanna River. The French, it is true, have endeavored to take away our trade by piece meals; but this will cut it all off at once." So, when 25 Septem. Penn's agent solicited the Cayugas and Onondagas to sell "0 Septem. their Susquehanna land to him, they refused, and told the Albany commissaries that the Senecas, Oneidas, and Mo- hawks had nothing to do with it; that the land "cannot be sold without Corlaer's order, for we transferred it to this Government four years ago;" that they "now convey and transport it again, and give it to the Governor General, or those who now represent him." Oreouate, or Tawerahet. and two other Cayuga sachems, accordingly executed a for- mal "conveyance of the Susquehanna River, with the land situate thereupon," which the Albany commissaries accept- ed, "for Corlaer," and gave the savages a handsome present, "in full satisfaction."*
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