USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 5
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Suteque- hanna lands.
24 Septem. P.nh in New York. Penn had meanwhile come to New York, at Dongan's invitation, but remained only a short time, because of his boundary dispute with Lord Baltimore. Not long after- 3 October. ward the Mohawks visited Fort James, and agreed to give the Susquehanna River to New York. In announcing this 22 October. to Penn, the governor said, "about which, you and I shall not fall out; I desire we may joine heartily together to * Dec. Ilist., i., 23,2-261. 263; Col. Do., iii., 803, 406, 523, 560; ix., 227, 360; Pennsylvan's Archives, i., 62-35, 50; Proud. i., 255, 262 ; Whitehead's E J. Contributions, 14; Colden, i., 55, 50, 103 ; if., 64; ante, 32S.
----
377
THOMAS DONGAN, GOVERNOR.
advance the interest of my master and your good friend." Cu. VIII. Dongan's action about the Susquehanna lands was approved by James, but it provoked the enmity of Penn." 1683.
In his interview with the Mohawks, Dongan told them 3 October. to deal no more with the French without his leave, allow orders to Dongan's no Frenchmen except the Jesuits to live among them, bring hawks.
the Mo- back as many of their friends as they could from Canada, make peace with those they were now at war with, and al- ways to tell the governor of New York what the French said to them, adding that he would always look upon them as his "children." The Mohawks declared that they would "put themselves under his Honor's protection," and would "never suffer any straggling Frenchinen amongst them, but those Jesuits, who are very good men, and very quiet ; and yet, if his Honor shall please, they will send them away also; and that none hath any land from them, and that they are resolved never to sell or give them any, or any others except the people of this Government." Dongan, Dongan re- renewing the claim which Andros had asserted in 1677, claim of news the declared "that all on this side of the Lake of Canada be- Andros. longs to the Government of New York, and that the Gov- ernor desires they may be all acquainted with it, and ex- pects their submission ;" gave the Mohawks "a ragged ship's flag," bearing the English arms, to be hoisted in their country, and soon afterward, by proclamation, forbade all 20 Novem. persons to trade with the Indians without the governor's license.t
At the time of Dongan's arrival in New York, the Jesuit Father Vaillant was the only missionary among the Mo- Jesuit mis- hawks; but when the sachems returned with the English sionaries among the Iroquois. flag which Dongan had given them, and which they depos- ited in their "public chest," Vaillant abandoned his mission and went back to Canada. Millet remained at Oneida un- til the next July. The two Lambervilles also continued un- disturbed at Onondaga. But on the return from Albany of the Cayuga chief Oreonate, he drove the Father Carheil
' Proud, i., 236; Penn. Arch., i., 76, 77, 72, 51, $1; Council Min., v., 10, 11 ; Doc. Hist., i., 262, 263; Cel. Doc., ill., 841, 350, 324, 3/7, 406. 415. 422. It was not until 1607 that Penn obtained a conveyance from Dongan of his Susquehanna lands : Pennsylvania Archives, i., 121-123; Col. Rec , iii., 101; Colden, il., 64; N. Y. H. S. Coll (1860), 378-383.
t Council Min., v., 7-12; Doc. Hist., i., 67, 282, 263; Col. MSS., xxxi., 94; Cel. Doc., iii., 247 : v., 781; ix., 208, 228, S00; Shea's Missions, 312, 313; Charlevoix, il., $15; Colden, i., 41, 53, 61, 241, 250 ; ante, BUT.
378
HISTORY OF THE STATE OF NEW YORK.
1683. :)) May. De la Barre's policy.
Out. VILL, out of that canton. Garnier, who for three years had been left alone among the Senecas, now felt no longer safe, and escaped from Niagara to Fort Frontenac .*
4 Novem.
De la Barre had meanwhile written to France that lie must attack the Senecas; that over sixty " deserters" from Canada were now harbored by the English at Albany and New York ; and that the Duke of York should be asked to prevent his subjects from " further aiding and stimulat- ing the Iroquois against the French." In the autumn he charged that the English had gained such an influence over the Iroquois that they now called Albany their "sixth cabin." They had even seduced "the captain" of the Prairie de la Madeleine, where there were now "two hundred good Iroquois soldiers," to return with his family to New York. Every effort had been made to secure friendship with the Senecas, who, hoping to gain by the war they were about to make in Virginia, demanded that La Salle should be withdrawn from Illinois, and refused to trade with the French at Niagara, or at Fort Fron- tenac.+
De la Barre jeal- ons of La Salle,
Jealous of La Salle, of whose "false discovery" of the Mississippi De la Barre " did not think much," he charged the great adventurer with trying to draw away French col- onists from Quebec into the depths of the forest, "to build up an imaginary kingdom for himself." The truth was, that the sailor governor of Canada was narrow-minded and covetous of the gains which might be made by the fur traders. Accordingly, he sent the Chevalier de Bau- gy to supersede Tonty at Fort Saint Louis, and deprived La Salle himself of Fort Frontenac. This obliged that grand discoverer to return to Quebec, whence he embark- ed for France to lay his case before the king. But Louis, trusting to De la Barre's representations, had, in the mean time, pronounced that La Salle's exploration of the Missis- sippi was " very useless, and such enterprizes must be pre- vented hereafter ;" and that, in consequence of his ambas- sador, Barillon's, complaints to Charles, Dongan had re- ceived "precise orders on the part of the said King to
9 Novem. who re- turns to France.
5 August. Louis thinks La Salle's
discovery "useless."
* Col. Doc., ili., 516; ix., 171, 227, 523, 220, 300, 702, 800; She's Missions, 274, 230, 294, 313, 375; ante, 362.
t Col. Doc., iii., 451: ix., 107, 198, 202-210 ; Quebec MSS., iv. (iL.), 132, 174; Cha levoix, il., 305-007; Shea's Missions, 313; ants, 309.
818
0
379
THOMAS DONGAN, GOVERNOR.
maintain good correspondence with us, and carefully to Cu. VIII. avoid whatever may interrupt it.""
1683.
The French had meanwhile encroached on the Duke Pemaquid of York's territory of Pemaquid, west of the Saint Croix ; affairs. and Grand Fontaine, the governor of Acadia, had author- ized the Baron Vincent de Saint Castin to be his lieutenant at Pentagouet, or Penobscot, which the Dutch had reduced in 1674. Castin had come to Canada as an officer in the Castin. old Carignan Regiment, with Courcelles, but, preferring a roving life among the Abenaqui savages, had so conform- ed himself to their ways as to be made their great chief. Gradually he saved a large fortune. ITis encroachments on the duke's territory had already startled Brockholls. A few days after he reached New York, Dongan accord- ingly wrote to " the French who live among the Indians at 3 sept. Pemaquid," desiring them to come under the duke's au- warning. Dongan's thority, or else quit his territory between the Kennebec and the Saint Croix before the next May; and offering them lands and kind treatment as Englishmen if they would come under his government .; As soon as he re- turned from Albany, Dongan appointed John Allen sheriff 13 Sept. of Pemaquid; and Ensign Thomas Sharpe was afterward 10 Novem. made commander. New trading regulations were also es- tablished ; one of which was, that no license from Sir 22 Novem. Thomas Temple's nephew, John Nelson, of Boston, or any one else not authorized by the Governor of New York, was to be good. At Dongan's suggestion, the merchants of the metropolis subscribed two thousand guineas in a stock company to manage the fisheries and Indian trade at Pem- aquid, and the duke himself was asked to take a share in the adventure. These proceedings naturally stirred up jealousy in Boston.#
In writing to the Classis of Amsterdam, Domine Selyns Selyns's gave an interesting account of provincial Church affairs at Holland. letter to
21 Oct.
* Col. Doc., ili., 447, 451; ix., 198, 200, 203, 204, 214, 215, 216, 798, 799 ; La Ilontan, i., 7, 8; Charlevoix, il., 285, 286, 200, 307; Sheu's Discovery, 155; Sparks's La Salle, 108, 100, 204; N. Y. H. S. Coll., ii., 255-287 ; Lou. II. S. Coll., i., 66; Garneau, i., 245.
t Col. Doc., ili., 450; ix., 203. Ry a very common error, this letter was dated in August instead of September. Dongan did not reach Nantasket until the 10th, nor New York un- til the 25th of August, 1683; ante, 375.
# Col. Doc., ilf., 334, 310 ; iv., 207, 211 ; ix., 75, 919, 919 ; Charlevoix, il., 274, 360 ; La Hon- tan, i., 223; Hutch. Coll , 502: Williamson. i., 429, 471, 472, 580, 551; Penn. Arch., i., S0; Conneil Min., v , 23-97 ; Col. MSS., xxxiv., 5, 10; Pemaquid Papers, Maine II. S. Coll., v., 50, 00, 60, 73-51, 59-91; ante, 254. 596.
350
HISTORY OF THE STATE OF NEW YORK.
(H. VIII. this time. At Schenectady, Domine Tesschenmacker, who,
1653.
after leaving Newcastle, had been preaching at Staten 1-1- and, was called. Domine Godfridus Dellius, a young clergyman who had just come out from Holland, was set- tled as colleague of Schaats at Albany. Weeksteen at Esopus, and Van Zuuren on Long Island, labored accepta- bly. At New York Selyns was much pleased : "My con- gregation," he wrote, "is engaged in building me a large house, wholly of stone, three stories high, and raised on the foundation of unmerited love. The surrounding vil- lages-although too much for one person-I have not left neglected ; preaching there on Mondays and Thursdays, administering the Communion, and attending the thanks- preaching and Church ordinances. Domine Petrus Daille, late professor at Salmurs, has become my colleague, and attends to the service in the French worship. He is full of fire, godliness, and learning. Banished on account of his religion, he maintains the cause of Jesus Christ with untiring zeal. Domine John Gordon has come over to take charge of the English Church service. After iny forenoon, and before my afternoon service, there is preaching in the English and French tongues. The Heer Dongan, our new governor, has at last arrived, and has told me and my consistory that his order from the Duke was to allow freedom of conscience. His Excellency is a person of knowledge, politeness, and friendliness. I have had the pleasure of a visit from him, and can call on him when I choose. What is to be done for the good of our country and Church will be made manifest in the approaching As- sembly, which is summoned to devise reasonable laws for us and our posterity.""
Dongen.
3 O tober. Court of Assizes.
9 Octoler. Address to the Duke.
At its usual day, the Court of Assizes met at New York, and Dongan, of course, presided. Although he may have appeared "rather as Mars than as Mercury, yet his be- haviour was with discretion, patience, and moderation, showing in him that principle of honour not wilfully to in- jure any, and had a regard to equity in all his judgments." After the court adjourned, the sheriffs drew up an address to the Duke of York, in which they thanked him for send- ing over Dongan as governor of the province, "of whose * Corr. Cl. Amst MISS. ; Murphy's Anth., 104, 105; Doc. Ilist., iii., 205, 535, 536; an'e. 3.0.
Tesschen- mneker. Dellius.
Dailli.
Gordon.
CHOTETIL
331
THOMAS DONGAN, GOVERNOR.
integrity, justice, equity and prudence, we have already Cu, VIII. had a very sufficient experience at our last General Court of Assizes. And that your Royal Highness might accumu- 1683. late your gracious favours, and oblige, not only us, but suc- cecding generations, it has pleased your Royal Highness to grant us a General Assembly, to be held, the Seventeenth of this instant October, in your City of New York; a be- nevolence of which we have a larger and more grateful sense than can be expressed in this paper. And that it may appear that loyalty has spread as far into these parts of America, we will be always ready to offer up, with our hearty prayers, both our lives and fortunes for the defence of our most gracious Sovereign the King's Most Sacred Majesty, and your Royal Highness, against all enemies whatsoever."*
It is probable that John Younge, the high-sheriff of Long Island, drafted this address. At all events, its tone fairly set forth the general sentiment of the people of New York. Nevertheless, there was some show of dislike to a Roman Catholic governor among the remote Puritan towns of Long Island. Easthampton adopted an address 10 Sept. to Dongan, apparently written by its minister, Thomas ton's ad- James, which, among other things, promised that if the Dongan. governor was an "instrument under God" to relieve them, he would " firmly engage and oblige" them and their pos- terity to hold him in honorable remembrance, as the first restorer of their "freedom and privileges ;" but if not, that they would appeal to their "most gracious Sovereign," and prostrate themselves "before the throne of his unmatchable justice and clemency, where we doubt not to find reliefe and restauration." What relief Easthampton could expect from the " unmatchable justice" of the Duchess of Ports- mouth's paramour is not clear. However, the town di- rected their clergyman, James, to accompany and advise 24 Sept. with their representatives at New York, " who are to stand up in the Assembly, for maintaining our privileges and English liberties, and especially against any writ going in the duke's name, but only in his Majesty's, whom only we own as our Sovereign. Also, in the town's name, to certi-
Easthamp-
* West to Penn, in Penn. Arch., 1, 50; Smith's New York, i., CT, CS; Col. MISS., xxxi., 74, 73; xxxiv., 4.
.
382
HISTORY OF THE STATE OF NEW YORK.
CH. VIII. fy Captain Younge, the High-Sheriff, that they do not send these men in obedience to his warrant, but because they 1683. would not neglect any opportunity to assert their own lib- erties." It does not appear that the other Puritan towns on Long Island imitated Easthampton. The elections A majority went quietly on, according to the mode ordered by Don- if the .\s- rembly Dutchmen. gan and his council ; and a majority of the Assemblyinen chosen were " of the Dutch nation." Each of the three Ridings of Long Island returned two representatives; Staten Island, one; Esopus, two; Albany and Rensselaers- wyck, two; Schenectady, one; Pemaquid, one; Martha's Vineyard and Nantucket, one; and New York, with Haer- lem, four, making in all eighteen."
17 October. Meeting of the As- sembly.
The seventeenth of October, sixteen hundred and eighty- three, is a memorable day in the history of New York. On that autumn morning the representatives of its free- holders first met together under British rule, and seventeen delegates to its General Assembly took their seats in Fort James. It was just seventy-four years after Hudson had explored the "Great River of the Mountains," and about thirty years after Stuyvesant's "Landtdag," or Convention, in 1653, had demanded laws for New Netherland, " resem- bling, as near as possible, those of the Netherlands." As the Journals of Dongan's first Assembly have not been found, the names of all its members are unknown. The experienced Matthias Nicolls, one of the representatives from the city of New York, was chosen speaker, and John Spragg, who was both a counselor and the secretary of the province, was made clerk. The Duke of York's letter of the second of March to the Assembly was read, and his resolution made known that it should have free liberty to propound laws for the government, and that if such laws should be for the good of the country, and not prejudicial to the proprietor, he would confirm them. The Assembly sat for three weeks, and passed fourteen several acts. Each of these acts, after three readings, was assented to by the governor and his council.1.
Nicolle speaker, And Spragg clerk.
Lawg passed.
* Thompson's Long Island, 1., 314, 315 ; ii., 328-930; 1I. P. Hedges's Address, 1850, 19, 75- 77; Penn. Arch., i., 80; Journals of Leg. Council of N. Y., i. , Int., xi. ; ante, 145, 360.
+ Col. Doc., ill., 331, 332, 354, 355; Col. MSS., xxxi., 13; Council Journ., i., Int., x., .i., xii. ; Wood's Long Island, 100, 164-167 ; Thompson, i., 161; Riker's Newtown, 104; Ban- croft, fi., S06, 414 : N. Y. H. S. Coll., if. (if.), 35; Manuscript Book, in Secretary's Office, Al- bany, " 1083-1084;"' unte, vol. i., 34, 570-375; ii , 374. Smith, i, C6, 111, 112, states that the
383
1
THOMAS DONGAN, GOVERNOR.
The first and most important of these laws was " The CH. VIII. Charter of Liberties and Priviledges, granted by his Royal 1683. Highnesse to the Inhabitants of New Yorke and its de- pendencies." This venerable statute was simply, and clear- Charter of 30 October. ly, and therefore ably worded, in good Saxon English. "For adopted. the better establishing the goverment of this Province of New Yorke, and that Justice and Right may bee equally done to all persons within the same," the charter enacted, " by the Governour, Councell, and Representatives, now in Generall Assembly met,"-among other things-" That the Supreme Legislative authority, under his Majesty and Royal Highness James, Duke of Yorke, Albany, etc., Lord Proprietor of the said Province, shall forever bee and re- side in a Governour, Councell, and The People, mett in a Generall Assembly." It then ordained " That, according to the usage, custome, and practice of the Realm of Eu- gland, a sessions of a Generall Assembly be held in this Assembly. Province, once in three yeares at least." It likewise de- clared that "every freeholder within this Province, and freeman in any Corporation, shall have his free choice and vote in the electing of the Representatives, without any manner of constraint or imposition, and that in all elec- tions, the majority of voices shall carry it." By other sec- tions representatives were apportioned among the several counties, the usual privileges of Parliament were confer- red on the members of Assembly, and the most liberal pro- visions of English law were declared to extend to the in- habitants of New York. Entire freedom of conscience Freedom of and religion was guaranteed to all peaceable persons religion. " which profess faith in God by Jesus Christ." The exist- ing " Christian Churches" in the province were forever to be "held and reputed as priviledged churches, and enjoy all their former freedoms of their religion in divine worship and Church discipline." Following the words of the Peti- tion of Right in 1628, the charter also ordained "that no aid, tax, tallage, assessment, custom, loan, benevolence, or imposition whatsoever, shall be laid, assessed, imposed or Taxes only levied on any of his Majesty's subjects within this Prov- by content.
acts of the oldl New York Assembly "are for the most part rotten, defaced, or lost. Few minutes relating to them remain on the Council Books, and none in the Journals of the House." It is to be hoped that Mr. George Il. Moore's long-promised work ( int ), 73, note) will modify Smith's remark.
384
HISTORY OF THE STATE OF NEW YORK.
CH. VIII. ince or their estates, upon any manner of colour of pre- tence, but by the act and consent of the Governor, Color 1653. cil, and representatives of the People, in General .1-421 :- bly inet and assembled."*
50 October. A revenue granted to the duke.
In conformity with this section, "a continued Bill" Ba- appended to the New York Charter, by which-" for and in consideration of the many gracious and Royall favours expressed and extended unto the inhabitants of this his Province, and also for the bountifull confirming and re- storing to them and their posterity, the rights, priviledges, liberties and immunities before recited and expressed, and also for the better defraying the necessary charge and ex- pence of this Province, which cannot otherwise be effected without great charge unto his Royal Highness"-the As- sembly granted to the duke and his heirs certain specified duties on importations. The act was declared to be in force "immediately after publication thereof."+
The char- ter pro- claimed.
No time was lost in proclaiming this great event. Early 31 October. on the following morning, " The Charter of Liberties and Privileges granted by his Royal Higlmess to the Inhabit- ants of New York and its dependencies, confirmed by Act of Assembly, with a continued act for defraying the requi- site charges of the Government, were this day published at the City Hall, in the presence of his Honor the Governor, the Council and Representatives, and Deputy Mayor and Aldermen of this City, the inhabitants having notice by sound of trumpet, to hear the same." The appended rev- enue act was put in force by a proclamation from Don- gan, requiring all persons concerned to report to Santen. the duke's collector, "at the Custom House, near the Bridge."+
1 Novem.
Thus the representatives of New York asserted the great principle of " Taxation only by consent," which Holland had maintained since 1477, and appropriated the liberties allowed by English law to subjects within the realm of England. True ideas of popular government were now
* See Charter at length in Appendix, Note E .; N. Y. Revised Laws, 1513, ii , Appendix, iii., vi .; Munsch's Annals, iv., 32-39; Chalmers, i., 584; Dunlap, ii, App . xlil., xthi. ; Bancroft, ii., 414 ; N. Y. H. S. Coll, ii. (ii.), 35, 41; Col. Doc , iil., 341, 357-250; smith, i., 115; ante, 72, 84, 204, 873 ..
f MSS. Secretary's Office, Albany, Dengan's Laws, 1683, 1684, 7-12; Col. Doc., Hil , 311, 357, 370, 400, 077, CTS ; Smith, i., 115; Journals of Ing. Council, i., 45, 46.
$ Minutes of N. Y. Common Council, i., 175, 176; Col. MISS., xxxiv., 5.
1
385
THOMAS DONGAN, GOVERNOR.
more distinctly announced in the ancient Dutch province CH. VIII. by its own freely-chosen Assembly-of which a majority were "of the Dutch nation" -- than in any Northern colony of British America. In none of the charter governments of ie idea in New England were " the people" recognized as having legis- lative authority. The first law made by the representatives of Dutch-English New York ordained that "The People met in a Generall Assembly" were to share in its colonial 1685. legislation. These memorable words, "The People," were 3 March. The king so democratic, that the English king, at Whitehall, soon objects to afterward objected to them, as being "not used in any ple." " the Peo- other constitution in America."*
The next law passed by the New York Assembly was 1683. "to divide this Province and dependencies into shires and 1 Novem. counties." Twelve counties were established, the names divided of some of which appear to have been suggested by Don- ties. gan. The City and County of New York included Man- hattan, Manning's, and the Barn Islands. Westchester contained all the land eastward of Manhattan, "as far as the Government extends," and northward, along the IIud- son, to the Highlands. Ulster, which was named after the duke's Irish earldom, embraced all the towns on the west side of the Hudson, from the Murderer's Creek, near the Highlands, to the Sawyer's Creek, now called Saugerties. Albany included all the territory on the east side of the IJudson, from Roelof Jansen's Creek, and, on the west side, from Sawyer's Creek to " the Saraaghtoga." Dutchess ex- tended from Westchester northward to Albany, and " east- ward into the woods twenty miles." Orange, which was so called in compliment to the Dutch son-in-law of James, in- cluded the region on the west side of the Hudson, from the New Jersey boundary northward to Ulster, at the Mur- derer's Creek, and " westward into the woods as far as Del- aware River." Richmond, apparently named in honor of the king's illegitimate son by the Duchess of Portsmouth,
* Col. Dec., ill., 357, 358 ; Rapin, il., 270-277, 707 ; Penn. Arch., i., SO; Bancroft, i., 255, 250; if., 201, SS0, 414; Chalmers. i., 584, GIO ; Mather's Magnalia, i., 200; ante, i., 437, 573; il., 374. "The People" always have been loved words in New York. Her first State Con- stitution of 1777 declared that the style of all her laws should be-" Be it enacted by the Pco- ple of the State of New York, represented in Senate and Assembly." Under her second Constitution of 1821 she adopted the more direct f. rmula, " The People of the State of New York, represented in Senate and Assembly, do enac'," etc. The present Constitution of 1548 ordains that this form shall be observed in the enacting clause of all bills.
II .- BB
1683. Democrat-
New York.
New York
into coun-
386
HISTORY OF THE STATE OF NEW YORK.
CE. VIII. contained "all Staten Island," with Shooter's Island, and the islands of Meadow on the west side. King's County, 1683. on Long Island, included Bushwick, Bedford, Brooklyn. Flatbush, Flatlands, New Utrecht, and Gravesend. Queen's contained Newtown, Jamaica, Flushing, Hempstead, and Oyster Bay. Suffolk, which commemorated the easter- most county of England, embraced Huntington, Smithfield, Brookhaven, Southampton, Southold, Easthampton to Mon- tauk Point, Shelter Island, the Isle of Wight, Fisher's I-1- and, and Plumb Island. Duke's County contained the isl- ands of Nantucket, Martha's Vineyard, Elizabeth Island. and No Man's Land. Cornwall, named after the south- western county of England, included "Pemaquid, and all his Royal Highnesses territories in those parts, with the isl- ands adjacent." It was also enacted that every year a high-sheriff should be commissioned for each county .*
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