USA > New York > New York City > Leslie's history of the greater New York, Volume I > Part 14
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was consummated. Unfortunately the happy union was not of long duration. At the birth of the second child, in 1727, Mrs. Burnet died.
In spite of some difficulties with prominent individuals and annoy- ing contests with the Assembly, which was a thorn in the side to so many Governors, Burnet liked his position and was desirous of re- taining it. But on the death of King George I and the accession of George II, he was removed to Massachusetts, and a favorite of the new King, who had been his groom of the bed chamber while Prince of Wales, was given the governorship of New York.
The new Governor was Colonel John Montgomerie, a Scotchman of good character but somewhat dull parts. He was modestly conscious of his deficiencies, and ingratiated himself with the refractory Assem- bly by making no claims for unspecified supplies, and by avoiding the exercise of the functions of a Chancellor, which Burnet was fond of doing, but which the popular party regarded as an infringement upon their privileges and liberties. As a result Montgomerie had no con- troversies with the legislature, and they granted him supplies for a number of years at once, a thing they had persistently refused to do for Lovelace, Hunter, and Burnet. But this reign of peace was unfor- tunately of short duration, for Montgomerie died suddenly on the morning of July 1, 1731. It is not definitely stated what was the cause of this sudden demise. But during that summer the smallpox was raging in the city, carrying away five hundred victims out of its pop- ulation of not more than nine thousand. It is more than likely that in those days of primitive sanitary arrangement, the disease could not be kept from attacking even the inmates of the Governor's mansion.
Brief as was his occupancy of the Governor's chair, Montgomerie's name has become identified with one of the now numerous charters of New York City. In 1708, or twenty-two years after the charter granted by Dongan in 1686, one was granted under Cornbury, referring, how- ever, exclusively to the matter of ferry privileges. Twenty-two years after that, or in 1730, a third charter of considerable importance, and covering every point of municipal government or interest, was sub- mitted for approval to the Provincial Council. It was referred to a committee of which the chairman was the lawyer James Alexander. the father of General Lord Stirling, of Revolutionary fame, the hero of the battle of Long Island. The Council on August 13, 1730, unani- mously voted to grant the charter, and the Governor signed it. It needed now only what the Dougan charter never obtained, the sign and seal of the Royal hand. But there seems to be some question as to whether the present charter was more fortunate in this respect than the earlier one. Diligent search has failed to find a record of any ac- tion in regard to the charter by the King or his Council or his Minis- ters in England. As late as 1732 Governor Cosby is found writing to England, advising against the approval of the charter, and in the collection of colonial documents published by the State, there is a
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letter from the Lords of Trade still later asking for a copy of it. Nevertheless, after an interval of about six months, giving time enough for a transmission of the charter back and forth to England, there took place a public ceremony and formal presentation of the charter by the Provincial Council to the city authorities. This oc- enrred on February 11, 1731, or exactly a year before the birth of Washington, by the Old Style.
On that day Robert Lurting, Mayor, Frederick Harrison, Recorder, the Aldermen and Assistant Aldermen, proceeded in a body from their room in the City Hall to that occupied by the Governor and Council. The Mayor stepped forward, received the instrument from the hands of Governor Montgomerie, and took the oaths of office anew. Ile thereupon naming Alderman John Cruger for the new office of Deputy-Mayor, the Governor was graciously pleased to appoint him, and administered the oath of office at once. This done, the Recorder came forward and read an address of thanks signed by all the mem- bers of the corporation, the main purport of which was that the good- ness of the Governor had induced the corporation to select this time for petitioning for a charter. He replied in the following brief and well-chosen words: " I am very glad that it has been in my power to promote the prosperity and interest of the City of New York, which I believe I have effectually done by now delivering to your Mayor the King's royal and most gracions charter. It gives me great satisfac- tion my being fully assured that the officers named in the charter are fit for their respective trusts and will do their duty with a strict re- gard for his Majesty's service and the good of the city." It would seem from this speech, if the Council minutes are to be depended upon for its exact verbal reproduction, as if the doenment had actually been signed by the King, thus making it his " royal and most gracious charter."
An attempt was made to secure the privilege of electing the ap- pointive officers, Mayor, Recorder, Sheriff, Coroner, Town Clerk; but this provision was struck out, and they remained appointive as before. There was an addition of one ward to the six defined by the Dongan charter. Naturally it was parceled out of the immense Out Ward, running along the East River, and bounded on the West by the old North Ward, now also extended beyond Wall Street. The jurisdic- tion of the city was extended not only over all of Manhattan Island, but was made to cover also all the opposite surrounding shores of Westchester and Long Island as far as low-water mark. The officials of the corporation, besides the Mayor and his deputy, were enumer- ated as one Recorder, seven Aldermen, seven Assistants, one Sheriff, one Coroner, one Common Clerk, one Chamberlain, one High Consta- ble, sixteen Assessors, seven Collectors, sixteen Constables, and one Marshal. Wharves or docks were to be forty feet wide, both for the convenience of trade and for the planting of cannon in case of war.
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The quit-rent was made ten shillings higher than formerly. The Mayor, Recorder, and Aldermen were regarded as equivalent to Jus- tices of the Peace for city and county. The Mayor, Recorder, and three of the Aldermen were to be a committee with power to administer oaths to citizens, and to grant the freedom of the city, either as a com- pliment or for a regulated price. A few years before this the price was placed at twenty shillings for a merchant or trader, and six shillings for a mechanic. A Court of Common Pleas was constituted by the Mayor, or Depnty, with two or more Aldermen. Without going into any further details, it need only be said that this charter continued to be the basis of the city government and municipal privileges for many years and through many political changes, with but few modifica- tions. Chancellor Kent, in 1836, said of it: " It remains to this day with much of its original form and spirit, after having received by statute such modifications and such a thorough enlargement in its legislative, judicial, and executive branches, as were best adapted to the genius and wants of the people, and to the astonishing growth and still rapidly increasing wealth and magnitude of the city."
From a map published in 1728 we can obtain a pretty accurate idea of what the city was like at the time of the granting of the Montgom- erie charter. The west side of the city is still for the most part all unoccupied and barren shore. It was only just five years before that steps were taken looking toward the laying out of Greenwich Street and Washington Street, and the tide waters at high-water and low- water marks were boldly invaded, on paper. But not till several years after this period was the scheme carried out. On the East River side there was the great circular basin, out into which jutted a pier from the foot of Broad Street. From Old Slip to the foot of Wall Street ran Hunter's Key (i.e., Quay), and from Wall Street to the foot of Crown (Liberty) Street, extended Burnet's Key; both of them wharves for the reception of merchandise, but parallel, not at right angles, to the shore line. Pearl Street began where it does now, but it was called Dock Street from Whitehall to Hanover Square, and beyond Wall till it was lost in the country at Franklin Square, it went by the name of Queen Street. William Street was Smith Street as far as Maiden Lane, be- vond which it bore its present name. Beyond Wall Street there were now several streets crossing Nassau, then called Kip Street north of Fulton. First came King, now Pine; then Little Queen, now Cedar; then Crown, now Liberty. Maiden Lane and John Street were then as now, but John east of William was called Golden Hill, a name destined to become historic in the ante-Revolutionary agitations. Fulton Street was Fair Street then; Beekman and Frankfort Streets were in their places; but beyond these all was country, the road to Boston running along the line of Park Row. On the other side of Broadway the outer- most thoroughfare was Old Windmill Lane, and seems to have occu- pied the place of Cortlandt and Dey Streets in its crooked progress
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to the River; and where Crown and Little Queen (Liberty and Cedar) streets opened on the River, there were a couple of docks running out into the water. The fort and vicinity were in munich the same con- dition as formerly, only from the plan we notice that the blocks along the old streets were pretty solidly built up. The price of lots in the heart of the city reached about an average of £260 each. The houses were now nearly all of brick, but still with their pointed gables, crow- stepped or straight sides, facing the street.
The city in appearance and population was still decidedly and prev- alently Dutch. And upon the death of Governor Montgomerie the hearts of the majority of the inhabitants were gratified by the fact that the Government fell into the hands of the oldest member of the Council, who happened to be an out-and-out Dutchman, Rip Van Dam. He and his wife were duly inscribed upon the membership roll of the Dutch Reformed Church, and their fifteen children helped to fill up the pages of the Baptismal Register of the same body. He was not even over-familiar with the official language. Of him and a fellow Dutch- man in the Council it was said regarding their knowledge of English: "If they understand the common discourse. 'tis as much as they do." He was born at Albany some sixty years before this, but came to New York at the age of twenty. where. after some experience as a sea- faring man, a captain of trading vessels. some of which he came to own, he settled down to mercantile business on land. and became very prosperons. He ap- pears to have been opposed to Leisler. but took no prominent part in affairs until he was appointed to Cornbury's Conneil in 1702. twenty-nine years be- RIP VAN DAM. fore. By virtue of this long service he was President of the Council, and at the death of the Governor it devolved upon him as such to act as Chief Magistrate until the arrival of the new appointee. As this did not occur till August. 1732, the Dutch people particularly, and the colony in general, were gratified at the spectacle of seeing one of their own number exercising virtually the functions of Governor for more than a year. It would have been better if the English Government had left things as they were; but it was their policy to rather intrust with power the unworthiest and most incapable Englishman than the most efficient and upright colonist.
William Cosby was one of the poor specimens of Governors sont over with sneh exasperating frequency. He had a clouded reputation
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as a result of some financial transactions while he was Governor of the Island of Minorca. He was unscrupulous in his greed for money, and recklessly tyrannical in setting aside colonial privileges, outrag- ing the sense of justice and fairness in court functions. He had no sooner arrived than he demanded of Van Dam one-half of his salary as Acting Governor. While in England Cosby had already received fees and perquisities to the amount of several thousand pounds as Governor of New York before ever exercising its duties, and Van Dam agreed to divide the salary if Cosby would also divide these fees. He would not listen to such a proposal, and when Van Dam declined to share his well-earned salary the Governor instituted a suit against hin.
It has already been observed that a Court of Chancery (with the Governor as presiding Judge, and two Coun- cilors as assistant Judges) had been vig- orously resented by the popular party of the Assembly as a serious threat to their liberties. Burnet. otherwise ami- able and worthy, was very fond of exercising the functions of Chan- cellor, and his persist- ence in doing so had made him very unpop- ular, and had contrib- uted to his removal. Cosby defied the senti- ment of the people and instituted the Court anew, himself presid- WILLIAM SMITH. ing. with Councilors James De Lancey and Adolph Philipse, his close adherents, as assistants. Mr. Van Dam objected to the case against him being tried by a Court so constituted, of which the presiding Judge himself was the party chiefly interested and the very one bringing the suit. His counsel were William Smith, the father of the earliest his- torian of New York, and James Alexander, mentioned a few pages be- fore, both eminent lawyers, who had settled in New York some four- teen or fifteen years before and had won for themselves reputation and wealth. These men pressed Van Dam's plea that the Court had no right to try him. The Chief-Justice of the Province was Lewis Morris, another name destined to prominence in American history.
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He had been brought up by an unele on his estate across the Harlem, known by the name of Morrisania. Tired of a humdrum life, he ran away from home when still a boy, got stranded at Jamaica, had but in- different success at making a living there, and finally returned home, where he was pardoned by his uncle, who induced him to marry, and settled him on an estate. He had picked up considerable knowledge of books and men, was found to be a congenial companion by Gover- nor Hunter, by whom he was made Chief Justice of the Province of New York. His friendship with Burnet had been equally warm. Cosby was not quite sure how he stood with regard to himself; but when Morris felt compelled to favor Van Dam's plea, and to deny the jurisdiction of the Governor as judge in a suit instituted by himself for the recovery of funds, Cosby marked him for vengeance. He removed him from his office without notice to himself, or without con- sent or even the notification of the Council, by whose joint action with the Governor the removal could alone have been legitimately effected. To the office thus summarily made vacant he appointed James De Lancey, another name of weight in colonial history. He was a young man as yet, the son of Stephen De Lancey, a member of the Huguenot Church, who had attained wealth as a merchant, and had served in the Council. JJames was educated at the University of Cambridge, came back to New York in 1725, began the practice of law, and in Montgomerie's time succeeded John Barbarie (whence Cooper doubtless gets his " la Belle Barbérie ") as member of Council on the latter's death. Espousing the cause of Cosby for reasons best known to himself, he had now received his reward in being elevated to the Chief Justiceship. It was not to be expected that the people of New York would tamely bear these arbitrary proceedings on the part of their Governor. Their Assembly had humbled stronger and better men than he. His utter unscrupulousness and recklessness as to measures were in his favor for a while, but the indignation of a whole population could not be long defied with impunity. Public opinion found expression even thus early by means of the press. The aid of the incipient but courageous journalism of the day was summoned in support of the popular cause, and its bold stand on the side of civil liberty led to a glorious triumph for the cause of the freedom of the press.
On October 16, 1725, William Bradford, whom we saw appointed Government Printer at New York in 1693, issued the first number of a weekly newspaper which he called the New York Gazette. The news from abroad, the home news, and the advertisements, covered just two pages, or one-half a sheet, of foolscap size. It was a memorable undertaking, although the example had been already set by other cities, and speaks well for the enterprising spirit of Bradford. who was now sixty-two years old. Success attending his modest ven-
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ture, in 1726 the paper was enlarged to four pages, or a full sheet of foolscap. But naturally, being in government employ, Bradford could not allow anything to be printed in this sheet reflecting on His Majesty's representative. So the paper afforded no vehicle for the expression of popular indignation that was rising to a fever heat against Cosby. As already seen, some men of the keenest wit and brightest intelleet, as well as legal learning and political experience, had been placed in a position of antagonism to the Governor. Morris, Smith, Alexander, were men who could wield a trenchant pen, and whose information on the lines of attack that suggested themselves was full and varied. President Van Dam, and a host of his admirers, possessed ample means, as well as a willingness to join in an attack on the government; and the combination of brains and capital soon resulted in the starting of a second weekly newspaper. There was another printer in town. John Peter Zenger had come over as a lad in 1710 with the Palatines. He had been apprenticed to Bradford, served out a period of eight years, and had later set up in business for himself. His printing office was located in "Stone Street, near the fort," that is, not far from the corner of Whitehall. He was heartily in sympathy with the popular cause against the Governor's party, and backed by money and the ready supply of " copy " by men of ability and influence, he was easily induced to fall in with the de- sign of publishing a paper in opposition to that of his former master. So on November 5, 1733, appeared the first number of the New York Journal. Morris, Alexander, and Smith, gathered a few kindred spirits about them into a sort of club, which met weekly, and at this meeting the articles were discussed and decided on. As was the cus- tom then and long afterward writers wrote over nommes-de-plume, selecting for these the names of classic personages, or Latin terms expressive of their feelings. On November 12, 1733, in the second number, we find a certain " Cato " asking " Mr. Zenger " to " incert the following in your next," which was this of November 12, " Mun- day." It was an essay setting forth the importance of the "Liberty of the Press." A lively war of wit was waged with pen and printer's ink for about a year. Personalities occur, for wit was not delicate in those days. Harrison, the City Recorder, strongly sided with Gover- nor Cosby. He was called a monkey. The Governor himself was not handled with care. It having been contended that rulers deserve re- spect, the retort was: " If all governors are to be reverenced why not the Turk, and old Muley, or Nero?" The town was thrown into a tumult because of a letter found on James Alexander's doorstep threatening destruction to him and his household. The Journal printed the letter and bluntly declared that Harrison wrote it. Har- rison declared that Alexander wrote it himself to discredit his op- ponents. Cosby offered a reward of fifty pounds for information as to the author, while Zenger was threatened with a beating for printing
1
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THE New - York Weekly JOURNAL
Containing the frefheft Advices, Foreign, and Domestick.
MUNDAY November 12, 1733.
Mr. Zenger.
I Ncert the following in your next, and you'll oblige your Friend,
Mira temporum felicitas ubi fentiri que velis, O que femtias dicere licit. Tacit.
their Sovereign, the fole fupream Ma- jiftrate ; for there being no Law in thofe Monarchies, but the Will of the Prince, it makes it necetfary for his CATO. Minifters to confult his Plcafure, be- fore any Thing can be undertaken : He is therefore properly chargeab !: with the Grievances of his Subjects, and what the Minifter there acts being in Obedience to the Prince, he ought not to.incur the Hatred of the People ; for it would be hard to impute that 10 him for a Crime, which is the Fruit of his Allegiance, and for refufing which
T HE Liberty of the Prefs is a Subject of the great- eft Importance, and in which every Individual is as much concern'd as he might incur the Penalties of Trea- he is in any other Part of Liberty : Ti:erefore it will not be improper to communicate to the Publick the Senti- ments of a late excellent Writer upon this Point. fuch is the Elegance and Perfpicuity of his Writings, fuch the inimitable Force of his Reafoning, that it will be difficult to fay any Thing new that he has not faid, or not to fay that much worfe which he has faid. fon. - Befides, in an abfolute Monar- chy, che Will of the Prince being the Law,a Liberty of the Prefs to complain of Grievances would be complaining againft the Law, and the Conftitution, to which they have fubmitted, or have been obliged to fubmit; and therefore in one Senfe, may be faid to delerve Punifhment, So that under an abfo lute Monarchy, I fay, fuch a Liberty is inconfiftent with the Conftitution, having no proper Subject in Politics,
There are two Sorts of Monarchies, an abfolute and a limited one. In the on which it might be exercis'd, and if firft, the Liberty of the Prefs can never exercis'd would incur a certain Penalty be maintained, it is inconfiftent with But in a limited Monarchy, as Fng land is, our Laws are known, fixed and eftablifhed. They are the ftreigh Rule and furc Guide to direct the King, the Minifters, and other his Subjects : And therefore an Offence againft the Law's is fuch an Offence againft_the Conftitution as ought to receive a pro it ; for what abfolute Monarch would fuffer any Subject to animadvert on his Actions, when it is in his Pow- er to declare the Crime, and to nomi- nate the Punifhment ? This would make it very dangerous to exercife fuch a Liberty Befides the Object againft which thole Pens muft be directed, is per adequate Punishment ; the leverty ContHr
PAGE FROM ZENGER'S JOURNAL.
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it. And thus the heat of party strife grew ever more intense: there must be an explosion soon.
Late in September, 1734, occurred the elections for Aldermen and Assistants. Now the hatred of faction had a chance of exhibiting itself at the polls, and at the same to show on whose side was the greater number. The contest was decided in favor of the popular party. All but one Alderman or Assistant of that side were elected, so that Cosby had but one man left in the Common Council who was on his side. As might be expected, the victory was celebrated with- out moderation in the columns of the New York Journal. There- upon Cosby and his party threw aside all caution. By a series of high-handed proceedings they undertook to punish Zenger and to silence his paper, hoping thus to quench forever the freedom of the press. First James De Lancey, the Chief Justice, demanded an in- dictment of Zenger from the Grand Jury. The Grand Jury paid no attention to the demand. Next Cosby called upon the Council to move in the matter. He could not depend on the Provincial Assem- bly. Cosby refused to dissolve it for fear of getting one with a ma- jority against him; but yet he called it together very rarely, prefer- ring to do his own legislating without let or hindrance. The Council was more subservient, obeying his behest and sending a message to the " lower house " anent Zenger's " seurrilous" effusions. But Morris was in the Assembly, and the complaint of the Council was " laid on the table." Emboldened by these impotent efforts to harm them, the contributors to the Journal tried their hands at poetry. Two ballads appeared, having for their subject the recent election. They must have been of a very pointed character. It threw De Lan- cey once more into a rage, and he now procured a presentment against them from the Grand Jury. The numbers containing them were ordered to be burned by the hangman at the place of execution; and it was done. Encouraged by this slight advantage, the Gover- nor's Council next ordered Nos. 7. 47, 48, 49, of the Journal to be similarly burned, in the presence of the Common Council of the city. The Aldermen refused to obey the mandate, and even forbade the hangman to burn the papers, so the act was performed on November 2, 1734, by the Sheriff's negro servant, in the presence of no one but Recorder Harrison and a couple of his friends and a few soldiers.
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