USA > New York > Military minutes of the Council of appointment of the state of New York, 1783-1821 > Part 2
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From the first Hunter won the respect of the colonists. In his opening address to the Assembly he declared he should endeavor by a most impartial administration to demonstrate he had "nothing more at heart than the welfare and prosperity of the country." All his official transactions bear the mark of superb tact. During one of the periodical mutinous outbursts of the Assembly, the annual appropriation bill for the maintenance of government was killed. In his address at the opening of the succeeding session the Gov-
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ernor felicitously assured the Assembly that he would leave nothing undone on his part to maintain the " good understanding between us, upon which in a great measure the quiet and prosperity of the country depends." He was accused, as he expressed it, of being " arbitrary, illegal, grievous, oppressive, unjust and destructive "- " the softest terms to my administration "-but if there were color for these expletives, he declared himself not only " unfit to govern but unworthy to live." He asserted that his interests were identical with those of the colonists, which he "took to be far from being incompatible with those of the Crown."
It was General Hunter who was called upon to meet the vexatious Palatine proposition. With an eye to the subjugation of Canada, for the development of British commercial resources, and at the same time to strengthen the frontier, English politicians conceived a scheme to colonize several thousand Palatines in New York. Free transportation was given them, and Governor Hunter was expected to secure lands upon which they were to settle. To sustain them until they became self-supporting, the British government gave him a grant of £10,000. At the outset he encountered a discouraging obstacle from the reprehensible practices of his predecessors, who, to nullify the opposition of the House of Representatives, subsidized the members by presents of large grants of land which were either rented at extortionate rates to cultivators or held for exorbitant prices by speculators. The average governor was no more than a landjobber, and regarded the sacred trust and responsibility reposed in him as mere stepping-stones to the acquisition of a fortune. Governor Hunter was keenly sensitive of the delicacy of his posi- tion. To the Board of Trade he wrote, under date of May 7, 1711 : " I have met with great opposition from many of the ill-disposed inhabitants, who dayly insinuated that there were better lands for
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them on the fronteers." He tried to convince the settlers there were no pines on the frontier lands to enable them to follow the work they were destined for, making pitch, turpentine and tar, but they were recalcitrant and threatened to remove from Livingston's Manor to Schoharie. When the Palatines became too belligerent the Governor disarmed them and revoked all military commis- sions issued to them. A year later the Governor reported that he had " at length exhausted all money and credit," he "was mas- ter of for the support of the Palatines " and embarrassed " with dif- ficulties which I know not how to surmount if my bills of exchange be not paid." He is not discouraged, however, " having such ample orders from her Majesty to subsist them that I doubt not her good- ness to reimburse me." He had the "testimony of a good con- science in having done all that depended " on him for the support of the Palatines. The experiment involved a loss of twenty thousand pounds sterling.
General Hunter had served the Crown and the colonists faithfully and well. He unquestionably missed the gay society of London, and the society of London was never more gay and attractive than during the reigns of Anne and of the first George. This accom- plished man of the world had been out of it nine years, and none of the charms of New York could equal those of the Haymarket, or the superior attractions of those gathering places of the brilliant wits and celebrities of London, White's, Will's, Child's or St. James coffee-houses, where all his old friends were wont to gather of an evening and discuss politics over their tobacco and their bottle. Moreover, his financial interests in England were large, and the necessity of attending to them, united with failing health and his advancing years, forced him to surrender his charge.
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His farewell speech and the reply of the Assembly reflect the cordial relations which existed between the representatives of the Crown and of the people. The Governor assured the Assembly as long as he lived he would be " ever watchful and in- dustrious to promote the interests and welfare of this country, of which I am under the strongest obligation." He looked with pleas- ure on the " present quiet and flourishing state of the people " and recalled "on how " he found them upon his arrival. "The very name of party or faction seems to be forgot." The response of the Assembly was, up to that time, unprecedented in the annals of the province for good nature. It dwelt upon "your just, mild and tender administration; " you have governed " well and wisely. like a prudent magistrate, like an affectionate parent."
Hunter's successor, William Burnet, was the son of the learned and pious Bishop of Salisbury, who was dismissed by his king for delivering at the chapel at Rolls Court a sermon on the text: "Save me from the lion's mouth; thou hast heard me from the horns of the unicorn." Burnet lost a fortune in the South Sea bubble, which Walpole had earnestly warned the people of England against. He, like Hunter, was a cultivated man, with a reputation as an author and astronomer. He married the daughter of a wealthy Dutch mer- chant of New York, Abraham Van Horne. Burnet made but few changes in the Council. He established relations of cordial fellow- ship with the colonists in his opening address by declaring he was " sensible of my unfitness to fill the room of my incomparable predecessor."
Burnet devoted his abilities and resources in promoting the inter- ests of the colonies; he crushed the profitable French trade in Indian goods between Albany and Canada; he paid for the building of the fort at Oswego out of his own private funds; he was frugal in his
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expenditures, careful in managing, diligent in protecting the charges intrusted to him and strove sedulously to maintain the con- fidence of the Assembly.
The Palatine question had not been settled and continued to be a source of annoyance. The Germans had abandoned the Liv- ingston tract on the Hudson and wandered to "the promised land of Schoharie," " a fortnight's journey thro' the snow which there covered the ground above three foot deep; " where "the miserys those poor and almost famished creatures underwent were incredi- ble." Like Hunter, Burnet was an exceptionally strong and up- right governor. He found the Palatines torn with dissensions; " the cunningest among them fomenting their divisions" with the sole purpose in view of depopulating the district. in order that the large expanse of territory acquired by the Palatines from the Indians should revert to the few families that would remain.
Burnet in 1721 erected the first English settlement in western New York at Niagara for the purpose of capturing the Indian fur trade from the French, and a few years later, in 1727, carried out a plan that was formulated by Lord Bellomont-the construction of a stone fort at Oswego. Both Hunter and Burnet performed their duties in a manner that was consistently honorable and conscien- tious, and left behind them with the colonists a popularity which none of their predecessors or successors ever attained.
Upon the death, March 10, 1736, of Governor William Cosby, whose avarice and piracy brought frequent disturbances with the Assembly, the colonists looked to Rip Van Dam, the wealthy and distinguished merchant and senior member of the Council, as the logical successor. But the relations between the authorities and the Governor were not improved or harmonized, when it was learned that Governor Cosby, acting within his prerogatives, had suspended
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Van Dam the previous November and had failed to promulgate the order. The Council, ignoring Van Dam's protest and his refusal to recognize the legality of the suspension, administered the oath of office to George Clarke and issued a public proclamation, declar- ing him to be president of the Council. Against Van Dam's pop- ularity with the people, Clarke received the support of the party of influence-the aristocratic party. Van Dam demanded the seals on the ground that as senior member of the Council he was entitled to them, but Clarke shrewdly submitted the case to the King and Van Dam was discomfited.
When the new Assembly met, June 15, 1737, Lieutenant-Gov- ernor Clarke delivered a diplomatic speech, in which he trusted " everyone in his representative station and country may endeavor to carry to perfection the good harmony that has already happily begun in the province to which nothing shall be wanting on my part," assuring himself " of the utmost success through your assist- ance."
This speech was not received in a particularly friendly manner by the Assembly, for on the 7th of September they brought in "an humble address " which reflected the angry, rebellious spirit which was gradually growing throughout the colony. They declared that, "no government can be safe without proper checks upon those in- trusted with power, and the wisest governments, where the chief magistrates were elective, took especial care that it should not con- tinue long in the same hands, experience having taught them that men, how much soever esteemed, had really not virtue enough for so great a trust, and generally used it ill when they had it; " that, " the true causes of the deficiency in the revenue " were due to ex- travagance, and that "the miserable condition to which the prov- ince is reduced renders the raising of large sums very difficult, if not impracticable."
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They " beg leave to be plain with your honor and hope you will not take it amiss when we tell you that you are not to expect that we either will raise sums unfit to be raised, or put what we shall raise into the power of a governor to misapply it if we can prevent it; nor shall we make up any other deficiencies than what we con- ceive are fit and just to be paid, and continue what support or rev- enue we shall raise for any longer time than one year, nor do we think it convenient to do even that, until such laws are passed as we conceive necessary for the safety of the inhabitants of this colony, who have reposed a trust in us, for that only purpose, and which we are sure you will think it reasonable we should act agreeable to, by the grace of God we will endeavor not to deceive them."
During the greater part of the terms of office of Governors Hunter, Burnet, Montgomerie and Cosby, England had reposed under an unprecedented era of peace because of the determined policy of her great prime minister, Robert Walpole. This rough, uncouth and cynical statesman saw no glory in killing men and no credit in harvesting a huge war debt. When France and Spain entered into the compact to deprive England of her commercial advantages in America-Spain to divert the American trade to France, and France to aid Spain on the sea, particularly in the recovery of Gibraltar from England-Walpole promptly let down the bars and permitted the Carolinas and Georgia to export their rice to any part of Europe. From Cromwell's time the hostility to a large standing army, and to the billeting of troops upon the people in times of peace, had been inflexible. The antagonism, however, had been softened by the wise act of Parliament during the first year of the reign of William, which declared that the mutiny bill and the appropriation bill for the support of government must be passed annually. In New York, however, for
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over a quarter of a century, the appropriation bill had continued for a period of five years at a time. At the outset of his adminis- tration Governor Clarke-who had asserted "the constitution of the government is such as his Majesty by his commission to his governor directs, whereby the Governor with the Council and As- sembly are empowed to pass laws not repugnant to the laws of England "-the Assembly, merely following the example of the English parliament, limited the appropriation bill to one year. Gov- ernor Clarke rebelled against the proceeding; but the Assembly was firm, and in the end the Governor accepted the situation.
Twelve years later Governor Clinton and the Assembly were in collision because, as the Assembly called it, of "the arbitrary and illegal conduct " of the Governor in endeavoring to rehabilitate the so-called permanent support bill, in contradistinction to the annual appropriation bill. Walpole had at last been frozen out of office; the war with Spain was in progress-for, as Walpole sardonic- ally put it, when the declaration of war was made, " they are ringing the bells now; they soon will be wringing their hands."
Clinton brought to his office all the swaggering airs of a swashı- buckler. The second son of the Earl of Lincoln he was bred to the sea and in 1716 commanded a ship. Sixteen years later he was appointed governor of Newfoundland and commodore of the British squadron. In 1743 he was transferred to New York,* where he re- mained as governor until 1753. By temperament, education and
* Dunlap quotes Dr. Abeel's description of New York City in 1744-1746 : " On the hill, near the run of the fresh Water [Collect Pond, the site of the Tombs] to the East River was a wind-mill. Some years before this, there was a wind-mill between what is now called Liberty and Courtlandt streets. Here it was that less than forty years ago, the Indians still residing in the lower parts of the state, at particular seasons of the year, came to the city and took up their residence until they had disposed of their peltry, their brooms and shovels, trays and baskets. I have seen wheat growing, in 1746, where St. Paul's Church now stands. Then there were not twenty houses from Division street to Fresh Water. I have seen in 1744 and afterwards, several Indian canoes
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disposition he was utterly unfit for the position of governor. He was lazy, indifferent, truculent and careless; and, saturated with the environment of nobility, he made no effort to conceal his contempt for the colonists. He ridiculed the Assembly as a gath- ering of " ordinary farmers and shopkeepers of no education or knowledge in public affairs or the world," and declared that " the greatest members are foreigners or of foreign extract, many of which do not understand the English language and are generally led by some cunning attorney or reader of pamphlets." The perma- nent support bill was the rock on which he and the Assembly finally split. Clinton was instructed by Whitehall to push this measure, and in his endeavors was royally supported by the home govern- ment and by the King. The Assembly resisted the proposition with obduracy and at times with violence. They groaned under "the grievous and heavy burdens of taxes born " by the province, and declared that the success attending the annual support bill justi- fied its continuance. The Governor denied access to the Assem- bly committee that was delegated to carry the remonstrance to him. In retaliation the Assembly fulminated another address, in which the Governor's conduct was denounced as tending "to the destruc- tion of all intercourse between the several branches of the legisla- ture and the utter subversion of the Constitution of this Colony." The address further declared " whoever advised his Excellency " " is an enemy to the General Assembly."
come down the East and North Rivers, and land their cargoes in the basin near the Long Bridge [at the foot of Broad street]. They took up their residence in the yard and store-house of Adolph Phillips: there they generally made up their baskets and brooms as they could better bring the rough material with them than the ready made articles. When the Indians came from Long Island, they brought with them a quantity of dried clams, strung en sea-grass, or straw, which they sold-or kept for their own nse, besides the flesh of animals, &c. Clams and oysters and other fish, must have formed the principal food, together with squashes and pumpkins, of the natives of the lower part of the state."
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From the day the government party under the lead of Governor Cosby had been defeated in their attempt to crush John Peter Zen- ger the liberty of the press was recognized as one of the estab- lished institutions of America. Of this institution the colonists were tenaciously jealous and proud. The press had never found a friend in royalty or encouragement from any one subsidized by royalty. As soon as its influence pricked the public mind in England it was throttled by a system of licenses. Henry VIII drove it into insol- vency by star chamber proceedings. Elizabeth abased it by hu- miliating and rigorous restrictions .. The Long Parliament never displayed any sympathy for it, but vied with royalty in shackling it. Immediately after the Restoration, however, several rays of light fell upon the cause, particularly by the passage of the act to regulate printing. This statute expired by limitation in 1679. The Par- liament was then in no mood to restore the censorship. The press had no friend in Charles II, but, though it was manifestly a thorn in his side, he showed no disposition to restrict its liberty. After the death of Queen Mary, King William endeavored to revive the cen- sorship, but both houses of Parliament rejected the proposition; nor has the movement ever been renewed. During the reigns of the first two Georges greater progress was made by the press in America, where more stirring and exciting events were hap- pening than in England, where an era of torpor and quiet prevailed. Any menace or threat, open or implied, in any way affecting the press, was at once resented by the colonists. The charge of at- tempting to restrain the liberty of the press was now made by the Assembly against Governor Clinton, who was flatly informed that all the governors were mere beggars-sent over to enrich them- selves at the expense of the colonists. The Governor retorted, " you have no regard for decency!" He prorogued the Assembly
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time and again; ridiculed its assumptions of authority, and declared its intention to wrest the administration of affairs from the hands of his Majesty's Governor. He complained to the home office and to the King.
The Assembly continued its headstrong, warlike policy. They not only took patronage away from the Governor, but in effect con- trolled all the nominations in the colony; assumed full charge of all the fortifications, regulated the appointment of gunners and the distribution of gunpowder. Relations were severely strained and Clinton was reluctant to meet the Assembly "without danger of exposing the King's authority and myself to contempt." He writhed under the encouragement the Assembly received from the disinclination of the home government to let him proceed to ex- ·
tremes and dwelt upon the treatment they accorded him-" they have shamefully slandered and insolently treated the person and character of his Majesty's Governour of this province."
The instructions to Clinton's successor, the brother-in-law of the Earl of Halifax, Sir Danvers Osborne, who hanged himself five days after his arrival in this country, convey a fair reflection of the rela- tions maintained between the representatives of the King on one side and of the people on the other. Having stated that great dis- putes existed between the several branches of the legislature, the document proceeded to say, that the peace of the province in conse- quence had been disturbed, government subverted, peace obstructed and the prerogative trampled upon; that the Assembly had refused to comply with the commissions and instructions respecting money raised for the supply and support of government, and had assumed the disposal of public money, the nomination of officers and direc- tion of the militia and other troops, the commander-in-chief was enjoined to endeavor to quiet the minds of the people, to call to-
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gether the Council and Assembly and in the strongest and most solemn manner to declare the King's high displeasure at their neg- lect and contempt to exact due obedience, to recede from all en- croachments, to demean themselves peaceably, to consider with- out delay of a proper law for a permanent revenue, solid, indefinite and without limitation. And this occurred the year before the Albany Congress of 1754, where Benjamin Franklin's plan for a general government was first disclosed.
Of the many men who exercised a wide and vigorous influence over the province for many years, Chief Justice James De Lancey and Cadwallader Coiden stand conspicuous. In one sense of the word they were rivals, for they were recognized at different times as the power behind the throne. Both were men of transcendent ability, lacking in the vices that rendered so many governors obnox- ious. De Lancey had been Governor Clinton's closet adviser at the beginning of his term. A native of Albany, he had graduated from the University of Cambridge, England, had adopted the pro- fession of the law, practised politics, had been appointed by Gov- ernor Cosby Chief Justice of the province and recommended to Clin- ton as a shrewd adviser. Unfortunately he had quarrelled with Clinton " over their cups," joined the opposition, stirred up as much strife and discord as he was capable of, but relented upon learning that the commission for lieutenant-governor had been issued to the governor for him. Although De Lancey made delicate approaches toward the governor, the commission was withheld.
De Lancey was tactful and extremely puritanical in his methods. There was never any equivocation in his position, practical poli- tician though he was. As the representative of the people, he found himself between two horns of a dilemma when he assumed the administration of affairs. The Crown and the Assembly both
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claimed sovereignty. It was necessary for him to mollify both without offending either. He was the first native-born American who had been honored with the office of governor, and the people in their selfish exactions failed to realize the obligations he was under and the duty he owed to the Crown. Clinton had accused him of talking one way to him and another to the Assembly, but De Lancey's disinterestedness was demonstrated when he vetoed the legislative bill which appropriated for him as lieutenant-governor the same salary which had been given to Clinton as governor, stating as his reason that it was inconsistent with the royal instruc- tions. The conflict between the people and the Crown over the control of the executive department was well nigh irreconcilable, and De Lancey was expected to harmonize the differences. The Assembly declared in an address to the King that they had been maliciously misrepresented. The Lords of Trade re- sponded with acerbity. They charged the Assembly with the man- agement and disposal of public money, and of usurping the func- tions of the Crown generally. The reply of the Assembly was rejected by order of the King. Matters proceeded from bad to worse. Secretary Robinson wrote De Lancey expressing his con- cern that the Assembly were unwilling "to exert themselves in what is now so essentially the common cause of all the colonies." The same day the Lords of Trade expressed surprise over the Assembly's " conduct in so perilous a situation." The French and Indian war was now well under way and the colonists were not disposed to surrender their prerogatives, when a rapacious and tyrannical governor might arrive at any moment and squander the appropriations they provided.
In the meantime New York prepared energetically and patriotic- ally for the war that was upon it. No colony possessed a larger or
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more exposed frontier or a more important seacoast. Money was promptly voted. Troops were quickly raised. The war situation grew so grave that the Lords of Trade were disposed to yield. Governor Sir Charles Hardy had arrived and brought with him a letter in which the Lords of Trade commended New York for the vigorous measures of defence that had been made.
The truce however was but short lived. The New York Assembly complained that other colonies were permitted to make appropria- tions in a manner that was denied this province. The question of executive sovereignty was again debated with the Lords of Trade on one side and the representatives of the people on the other. At the height of the turmoil, De Lancey, who had done more for the colony than any other governor in a generation, died September 30, 1760. Before the end of the year George III ascended the throne and Cadwallader Colden became acting governor of New York.
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