USA > New York > New York City > Old New York : a journal relating to the history and antiquities of New York City, Vol. I > Part 34
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fore, thought advisable to begin another paper, to represent the views of the party opposing the Governor, and sufficient support was given to Zenger to enable him to do so. To this journal the ablest men in opposition, William Smith# and James Alexander.
* These two lawyers, with the present and late Chief Justice, were the lead- ing inen in town. James Alexander, whose son was the Lord Stirling of the Revolution, was a Scotchman, who had singularly enough been one of the fol- lowers of the Pretender when the rising occurred in 1715. He had been bred an engineer, and after the failure of that outbreak thought it would be expedi- ent to leave his native land and take up his abode elsewhere. In that year he sailed for this country, being then twenty-five years of age. He first settled at Amboy as a surveyor, and not long after was made Surveyor General of New York and New Jersey, both then having one Governor. While performing the duties of this office he also studied law and was admitted to practiec. soon reaching a position of cininenec. He was very casy in his manners and oblig- ing in his disposition, and made many friends. In his defense of Zenger he sided with the populace and strengthenel his position for the future. His dis- barment only lasted during Cosby's time, and after that he continued in practice till his death, which happened in 1450, on the 2d of April, in consequence of exposure during a trip to Albany. From 1721 to 1723 he was the Attorney Gen- eral, and later he also was Secretary of the Province, a member of the Legisla- ture and a member of the Council. With Dr. Franklin, he helped to found the American Philosophical Society. He accumulated large means.
William Smith, the elder, was born at Newport Pagnell. in Buckinghamshire. England, on the 8th of October. 1607. His father was Thomas Smith, a tallow chandler, who on account of his religious opinions removed from England to this country in the year 1215, with three sors. William Smith was sent to Yale College, where he graduated in 1:19. then becoming a tutor. He remained in this position five years, when he returned to New York, then being admitted to the bar. His success was instantaneous, as he possessed the gift of eloquence to a high degree, and was also an excellent reasoner. On one occasion the suc- cess of a candidate whose cause he had espeused depended upon disfranchising the Jewish voters, who were in favor of his opponent. To accomplish this he toll the story of the erneifixion in the most moving way. laying the blame upon the Jewish nation, and declaring that such men ought not to be trusted with any of the rights of citizens. He was successful, and their votes were thrown out. After Cosby's death, he was relieved from the disbarring which Chief Justice De Lancey placed him under, and he remained until his death the head of the party in opposition to that judge, who was the most conspicuous man in New York for over twenty years. Smith was Attorney General in 1751, and a member of the Council from 1753 till 12667, then being succeeded by his son Will- iam, the historian. In the celebrated Congress of the Colonies at Albany, he was the member from this province to draft a plan of union, of which he was heartily in favor. The boundary line between Massachusetts and New York, which was not finally settled till after the Revolution, occupied much attention
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two prominent lawyers of the city, together with the late Chief Justice, contributed much in sarcasm, innuendo, and quiet rea- soning. The Governor and his party could not endure these attacks, for Bradford was overmatched, and he thought his best course was to silence Zenger. In this he was not successful, although the printer was for a long time imprisoned, as the utmost effort of the Governor and the Courts to have the jury pronounce Zenger guilty of libel failed, and he came forth again a free man. The experience was a hard one for him, but from this trial has resulted the greatest advantages to the public, as henceforth the doctrine that the truth may be lawfully uttered at any and all times became American law. Before this time it was only nec- essary to find a statement in print respecting some person and charge that it was a libel. It might be a meritorious action, in reality, yet he who circulated it could be fined and imprisoned, if the judges saw fit : or it might be a disgraceful thing, of which there was abundant proof. Both were libels. and the utterer might be punished. Ile could not prove the truth of what he assorted, or if he did prove it it was immaterial. By the action of the jury on that day liberty was preserved to all American colonists. In future contests this case was always cited or had it- bearing. The merit is not alone Zenger's in having made such a defense. He learned his lesson from Bradford, who also bad suffered, and Bradford had in turn been taught his ideas by Andrew Sowle. the Quaker printer of Grace Church street.
When Morris was removed James De Lancey, a lawyer who agreed with the Governor, was appointed in his place as Chief Justice. and Frederick Philipse became second justice. They concurred substantially with the Governor in his assumptions, and De Lancey, in January of 1734, made a charge upon the subject of libel, evidently aimed at Zenger. He came back to it again on the third Tuesday of October, when he said to the grand jury :
" I shall observe concerning libels that they are arrived to that height that they call loudly for your animadversion. It is high while he was prominent, and he was appointed a commissioner on the side of New York to adjust it. He declined being Chief Justice in 1760, but in 1963 became Associate Justice. He died November 20, 1700.
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time to put a stop to them, for at the rate things are now carried on, when all order and government are endeavored to be trampled on, and reflections are cast upon persons of all degrees, must not these things end in sedition, if not timely prevented ? Lenity, you have seen, will not avail; it becomes you, then, to inquire after the offenders that we may, in a due course of law, be enabled to punish them. If you, gentlemen, do not interpose, consider whether the ill consequences that may arise from any disturbances of the public peace may not, in fact, lie at your door ? "
A couple of weeks after, as the attacks still went on, Governor Cosby issued the following proclamation :
By his Excellency William Cosby, Capt. General and Goy- ernour in Chief of the Provinces of New York, New Jersey, and Territories thereon depending in America, Vice Admiral of the same, and Colonel in his Majesty's Army, &c.
A PROCLAMATION.
WHEREAS by the contrivance of some evil Disposed and Dis- afected Persons, divers Journals or Printed News-Papers fenti- tled The New York Weekly Journal, containing the freshest Advices, foreign and Domestick) have been caused to be Printed and Published by John Peter Zenger, in many of which Journals or Printed News-Papers (but more particularly those numbered 7, 47, 48, 49) are contained divers Scandalous. Virulent, False and Seditious Reflections, not only upon the whole Legislature, in general, and upon the most considerable Persons in the most distinguish'd Stations in the Province, but also upon his Majesty's lawful and rightful Government, and just Prerogatives. Which said Reflections seemed contrived by the Wicked Authors of them, not only to create Jealousies, Discontents and Animosi- ties in the Minds of his Majesty's Liege People of this Province to the Subversion of the Peace and Tranquility thereof but to alienate their Affection from the best of Kings, and raise Fue- tions. Tumults and Sedition among them. Wherefore I have thought fit, by and with the Advice of his Majesty's Council. to issue this Proclamation, hereby Promising a Reward of Fifty
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Notes on Printing in New York. 393
Pounds to such Person or Persons who shall discover the Author or Authors of the said Scandalous, Virulent and Seditious Reflec- tions contained in the said Journals or Printed News-Paper. to be paid to the said Person or Persons discovering the same as soon as such Author shall be convicted of having been the Anthor or Authors thereof.
Given under my Hand and Seal at Fort George, in New York, the sixth day of November, in the 8th year of his Majesty's Reign, Annog. Domini, 1734.
W. COSBY.
And on the same day another proclamation was published, offering the sum of twenty pounds to whoever should discover the " Author of two late scandalous Songs or Ballads. Printed & dispersed in this City, &c., highly defaining the Administra- tion of his Majesty's Government in this Province, tending greatly to inflame the Minds of his Majesty's good Subjects, and to disturb the Public Peace."
The grand jury did not indict Zenger, and it is probable looked upon the action of the Chief Justice as very officious, for they partook of the popular feeling. The Council were not satisfied with this inaction, and asked for a Committee of Conference on the part of the Assembly, which was granted. On the 17th of October they met the Governor, the Chief Justice, and eight of the Council. when the question was discussed. The leaders of the Cosby party asked that the Assembly should concur with the Council in ordering Nos. 7, 47. 48 and 49 to be burnt by the common hangman : in asking the Governor to issue a proclama- tion promising a reward for the discovery of the author- of these libels ; and in a-king him to prosecute Zenger for printing them. The Committee, through Mr. Garretson, one of its members, reported the substance of the conference, but that body did not agree with the Governor. They refused to do any of the things which were asked for.
Cosby and De Langey were, however, determined to do what they could. They resolved to take the matter in their own hands. and on the 2d of November they sent an order by the Sheriff to the Mayor's Court for the burning of the obnoxious
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papers as "false, scandalous. malicious and seditious libels," by the "common hangman or whipper. near the pillory," on the 6th instant, between the hours of eleven and twelve o'clock in the forenoon, and directing the Mayor and Aldermen to be present at the time. The Mayor. Robert Lurting, and the other members of the Court denied the authority of the Council to make such an order or to enter it upon their minutes. They made the following protest :
" Whereas this court conceives they are only to be commanded by the King's mandatory writs, authorized by law, to which they conceive they have the right of showing cause why they don't obey them. if they believe them improper to be obeyed, or by orders which have some known law to authorize them ; and as this court conceives this order to be no mandatory writ warranted by law. nor knows of any law that authorizes the making of the order aforesaid ; so they think themselves under no obligations to obey it: which obedience they think would be in them the opening a door for arbitrary commands, which when once opened, they know not what dangerous consequences may attend it. Wherefore this court conceives itself bound in duty for the preservation of the rights of this corporation, and as much as they ean of the liberty of the press and the people of the prov- ince, since an Assembly of the province and several grand juries have refused to meddle with the papers, when applied to by the Council. to protest against the order aforesaid, and to forbid all the members of this corporation to pay any obedience to it until it be shown to this court that the same is authorized by some known law, which they neither know nor believe that it is."
Before preparing this protest they had called upon Francis Harrison. the Recorder, who was also one of the Council. to know what legal authority existed for issuing such an order. He stated that there were precedent. and named the books. but when the Mayor desired to see the books in which they were contained he grew angry. and left the Court without ceremony. After this the Sheriff moved that the Court would direct the hangiuan to perform the order of the Council. to which it was answered that, as he was an officer of the corporation, they would refuse to give it. The Sheriff then ordered his own negro to do
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De Peyster.
it, and it was accordingly done by him, the officers of the garrison attending.
The Governor had gone too far to recede. The Council re- solved on the day of the burning that Zenger must be arrested. and the order was executed on Sunday, the 17th of November. The warrant read as follows:
" At a Council held at Fort George in New York, the 2d day of November, 1734, present, His Excellency William Cosby. Captain General and Governor-in-Chief, &c., Mr. Clarke, Mr. Kennedy, Mr. Lane, Mr. Harrison, the Chief Justice, Mr. Hors- manden, Mr. Livingston, Mr. Cortland :
" It is ordered that the Sheriff for the City of New York do forthwith take and apprehend John Peter Zenger for printing and publishing several seditious libels dispersed throughout his journals or news-papers, entitled the New York Weekly Journal. containing the freshest advices, foreign and domestic, as having in them many things tending to raise factions and tumults among the people of this province, inflaming their minds with contempt of His Majesty's government, and greatly disturbing the peace thereof, and upon his taking the said John Peter Zenger to commit him to the prison or common goal of the said city and county.
"FRED. MORRIS. D. CI. Con."
DE PEYSTER.
" In contemplative mood Recall those men of solid worth Through whom we trace our ancestry, The noble men of earth. "
One of the families, driven from their native seats by the perse- cutions of Charles IN. again-t his Protestant subjeers, in 1572. were the de Peysters. It is proven, almost beyond doubt. that their birthplace was Rouen, in Normandy. A sister. of the refugee who fled to Holland, returned to live at Rouen, where.
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in the succeeding century, she was a widow in the possession of an ample fortune ; and in a " Memoir of persons conspicuous in the town of Rouen, in 1689, for their zeal in behalf of their re- ligion," is found the name of " Le Sieur de peister Hollandois depuis longtemps establi à Rouen. C'est un marchand nat- uralisé."
Johannes de Peyster, the ancestor of a distinguished race of noted public men, in the civil and military history of New Am- sterdam, was born in Haarlem, Holland, early in the seventeenth century. He was of noble descent, and possessed by inheritance of wealth, and was educated by the best Doctors of Science and Literature in Haarlem. After spending some time at the Island of St. Croix, he arrived in New Amsterdam in July, 1645, returning the next year to Holland. Early in 1650 he returned to this country, bringing with him silverware, exquisite in design and workmanship, and graven with the de Peyster arms, as well as pictures that were gems of art, most of them being origi- nals. A good part of his wealth was invested in ships which sailed to and from Europe and the West Indies. The first men- tion of him in Colonial records after his return is as " Adelborst," or a cadet, in one of the city burgher corps. He must have pos- sessed marked ability and discretion, since immediately upon his return here, he acquired and exercised an unusual share of intut- ence for a newly arrived young man. This consideration aud con- fidence of his fellow citizens, he continued to enjoy to the end of his life. "Den 17 Decemb. 1651." as recorded in the records of the old Dutch Church in New Amsterdam, " Jan de Peister, j. m. van Haarlem en Cornelia Libberts j. d. van Haarlem," were married. Cornelia Lubberts was a sister-in-law of Abraham de la Noy, keeper of the City Tavern in 1652. The name Lab- berts, or Lubbertus. was by no means unknown, or without dis- tinction, in Holland. Sybrant Lubbertus, born about the year 1556, at Langoworde, in Friesland, a distinguished theologian, was, in 1613, professor of theology at the college of Franeker, and one of the most ardent controversialists of his time. He died about 1625. The only one of his works well known at present. is his treatise " de Papa Romano," published 1594. It is supposed that Mrs. de Peyster was his granddaughter.
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De Peyster.
In a letter received from Holland by Johannes de Peyster, in 1659, his brother Isaac writes : " It is agreeable for me to learn that you and your wife and also cousin and niece van der Donck are in the enjoyment of a good state of health and prosperity, and that your house is going within a few days to give an enter- tainment (to display its luxury) on account of the birth of a little one. May the Lord cause your wife to rejoice in the birth of a brave and hearty child and preserve you altogether in a long and lasting health till your blessed death. Amen. Friendly compli- ments to cousin van der Donck." Adriaen van der Donck was the first lawyer of the Dutch colony, and the author of the first description of the New Netherland.
FAMILY OF DE PEYSTER.
Sieur de Perster, of Rouen, France.
de Pey- Jacques.
1 Jonas.
Martr.d
ster. of Rouen, fled
HIol-
land. i
i
1
1
Johannes. the Abraham, mer- Johanna. a wid-
--- m. Sieur Isaac. in busi-
oldest chant of Lon- ow, living in
em. to Amer- don, d. 1050. Rouen. Haarlem.
ica. 1645.
Bruyn teen of ness at Nantes, Inter settling in Holland. dec. 1694. He m. Geertruyda Vander Mi- crop. Their son Johannes, b. Sept. 28. 1611, m. June 10. 1705. Maria Rammelman. Advocate. 1693: Schepen, 1705. at Rot- terdam.
Shield: Silver, charged with two sheep feeding under a linden tree proper.
Crest : A linden tree proper.
Motto: De pa-co-I feed down, or, I can take care of myself.
Though possessed of ample means, no sooner had de Peyster settled in New Amsterdam than he established himself in trade. as did all citizens of that day. His business was a general trading one. Records speak of his fitting out the stores of a ship. and
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De Peyster.
also dealing in tobacco. He also sells wine by the cask, and trades with one de Kemper for an ox. He resided and did business in Winckel, or Shop street, near the Fort and the storehouses of the Dutch West India Company, now Whitehall street, opposite the Bowling Green, but in 1669 he removed to the east side of Broad street, between the present Beaver and South William streets. In 1653 we find him and his wife enrolled as members of the Dutch Church. In 1653 he contributed 840 towards erecting the city palisades. In 1655, 1657, 1658, 1662, he held the office of Schepen, and his name constantly appears in connection with im- portant movements in the colonies. He had retired to private life in 1664, when Nicolls was in command of New Amsterdam. One of the foremost and most fearless of the sturdy Dutch patriots, who refused to take the oath of allegiance to the British Crown, until they and their fellow citizens were secured in their rights, was Johannes de Peyster. In 1665, the goverment being apparently firmly vested in the British Crown, he again accepted the office of Schepen: and in 1666, 1667, 1669, 1673, was appointed, and acted as Alderman, the form of government having been changed.
The year 1673 was a year of jubilee for the Dutch, for the gal- lantry and determination of Evertzen, Binckes, and Colve, had restored them to the jurisdiction of the mother country. De Peyster was one of the six selected to confer with their deliver- ers upon the settlement and establishment of affairs. In August, 1673. New York, originally New Amsterdam, became New Orange, and one of the three Burgomasters, selected by the Council of War from the six candidates, elected by the people. to govern it conformably to the laws and statutes of the fatherland. was Johannes de Peyster. Ile was likewise, during the re- occupation of New Netherland. 1673-74, a member of the com- mission of five to whom was committed the preparations for defense against the anticipated attempts at recapture by the English. This was one of those crises, which never occurred without affording additional proof of the fearless and unselfish patriotism of the Dutch. In 1674, he and his colleagues were just as bold in maintaining the rights of the " Burghery " against the Dutch military Governor-General, the impetuous Colve, as
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they had been, and afterwards were, to defend those of their fellow-citizens against the eneroachments of the English Gov- ernors.
Though he was one of the last to take the oath of allegiance, he was, soon after the final eession of the Dutch colony to the British government, promoted to the highest offiees in the muni- cipality. In 1676, he was an Alderman, in 1677, Deputy Mayor, and the same year he was tendered the office of Mayor, but declined it in consequence of his imperfect acquaintance with the English language. "He could make." said Colonel Richard Nicolls, the first English Governor, " a better platform speech than any other man outside of Parliament." Certainly this was a great compliment from an opponent. He was one of the six who drew up the first charter for New Amsterdam. Tall. dignified, yet full of enthusiasm, he was a man who commanded, and deserved. the respect of his fellow men.
An old record speaks of his belonging to the " Rentencers," or those who had a fixed income. His position in the Church was one of prominence. and. both as a preacher and a practiser, his example is worthy of imitation. In a Tax List of 1674, he is assessed at 15,000 guildlers, and his wealth is estimated at $10.000. He died about 168s. after a long life of activity and usefulness. having been one of the most influential citizens of his adopted home. proving himself a patriot at a time when opinions brought men's lives into jeopardy.
His children were.
1. Abraham de Peyster. Alderman, 1655 : Mayor of New York. 1692; Judge of the Supreme Court: Treasurer of the Provinces of New Jersey and New York ; Governor of New York, 1700 : born July 8, 1657 : died August S. 1728 : married Catherine de Peyster, his consin, at Amsterdam, Holland. April 3. 1654.
2. Johannes, died young.
3. Johannes, died young.
4. Maria, baptized September 7. 1660; m. Ist. Paulus Schrick. s. p. ; 2d, John Sprat-a daughter by this marriage married James Alexander. member of the King's Council. and father of Lord Stirling : Bd. David Provoost.
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De Peyster.
5. Isaac, born April 16, 1662. member of the Provincial Legisla- ture, and of the Corporation : married Mary Van Baal.
6. Johannes, born and baptized September 22, 1666, Mayor of New York 1698-9 ; Assessor, 1692-3; Assistant Alderman. 1694-6; member of the Provincial Legislature ; married Anna, daughter of Gerrit Baneker, October 10, 1688.
7. Cornelius, baptized October 4, 1673: first Chamberlain of New York ; married, 1st, Mary Bancker, September 20, 1694; 2d. the widow of Alex. Stewart.
8. Jacob, died young.
9. Cornelia, died young.
After her husband's death. Mrs. de Peyster continued to reside on Broad street, surviving him many years. The census of 1703. says her family consisted of a negro, a negress, and two children. Last Will and Testament of Cornelia de Peyster. April 23, 1692.
proved September 25. 1725.
In the name of God. Amen.
Know all men by these presents, That on ye twenty-third day of Aprill in ye year of our Lord one thousand Six hundred and ninety-two. I, Cornelia de Peyster of the City of New York. con- sidering mortality of all meu, certainty of death, and ye uncer- tain time thereof, have made my last Will & Testament, well premeditated and out of a free mind, revoking and annulling all other acts of last Wills made by me before ye date of this pres- ent. desiring this only to stand in full power. force and virtue in law, beingÇas viz. :
Imprimis : I recommend my immortal soul when departed out of ye body in ye merciful hands of God Ahnighty and my corpse to a decent burial.
Secondly: I confirm ye last Will & Testament made by my hu-band deceased. Johannes de Peyster, before ye Notary Walwyn van der Veen, dated ve S day August anno 1603.
Thirdly : I make and bequeath to my Eldest son. Abraham de Peyster. ye summe of Tenn pounds for his privilege of first borne to be delivered to him before any division is made of my E-tate.
Fourthly : I make unto my youngest Son. Cornelis de Peyster, in case I come to die before he is married, an outsetting equal as ve other have had of bed. furniture and household stuff and bybel.
The Induction of William Vesey. 401
Fifthly : I do make all my children by name, Abraham, Maria, Isaac, Johannes & Cornelis de Peyster, my only universall & equal Heirs of my Estate. which I shall leave by decease reall & personally, moveable and unmoveable, actions & credits, noth- ing Excepted, to be equally inherited & divided amongst them after my Decease without any distinction of Son or daughter or prerogative of one above other, and by decease of any of them. their Lawful Issue by representation.
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