USA > New York > New York City > Old New York : a journal relating to the history and antiquities of New York City, Vol. II > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43
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Jenny Lind's First Concert.
time to permit her to sing the "Casta Diva" as she sung it at the two rehearsals. When she made her appearance on the stage there was a universal burst of cheering, which lasted several minutes, the audience all rising, and waving their hats and hand- kerchiefs and casting a shower of bouquets at her feet. After the first tumult subsided, and she came forward to her position to sing, she was welcomed with another tremendous burst of enthusiasm.
She looked well, and was very chastely dressed. In the first part of the " Casta Diva," as we have already said, she faltered, evidently from the excitement under which she labored ; but as she proceeded her self possession returned, the sound of her voice seeming to act like magic upon her. In the concluding line of the second stanza, the audience began to feel her power, where her voice died away in a most angelic whisper, and then rose in a glorious swell that electrified the house. The enthusiastic applause she received here lent her an impulse which brought her well through to the close, when she again became quiet, and ex- ecuted a cadenza with such thrilling effect that the audience, carried away by their feelings, drowned the most effective part of it in a storm of applause. Again a shower of bouquets fell on the stage, and the cheering and waving of handkerchiefs lasted for several minutes. On the whole the Casta Diva was not equal to her rehearsal, and a New York audience do not yet know what she can do in that glorious scena.
In the duet with Belletti she was at home, and was rapturously encored. The applause was tremendous, and another shower of bouquets descended upon her, which were gathered up by Mr. Loder. But her great triumphs were yet to come. The flute song amazed and confounded everybody who did not hear it be- fore. They heard something they never heard before, and may never expect to hear again from any other lips. The audience were transported, and the applause continued till it literally spent itself with fatigue.
One might suppose that one such song as this would be suffi- cient for an evening. But a more delicious morsel in this feast of music was reserved for the end, like a dessert at dinner. In the Swedish melody, known as "The Echo Song," in which she sings in her own native language, and with ineffable sweetness
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Jenny Lind's First Concert.
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imitates the herdsman calling his cattle and the echoes of his voice in the mountains, her triumph was complete. It was extremely difficult to realize the fact that there were not two or three voices, so perfect were her wonderful echoes. The audi- ence were now wrought up into a fever of excitement, which was gently softened down by her final effort, which was not so daz- zling, but as sweet as any. We mean the " Greeting to America," of which Benedict is the composer. It is a fine martial air, in the style of the Marsellaise. The following are the words :
I greet, with a full heart, the Land of the West, Whose Banner of Stars o'er the World is unrolled ;
Whose empire o'ershadows Atlantic's wide breast,
And opes to the sunset its gateway of gold !
The land of the mountain, the land of the lake, And rivers that roll in magnificent tide-
Where the souls of the mighty from slumber awake,
And hallow the soil for whose freedom they died !
Thou Cradle of Empire ! though wide be the foam That severs the land of my fathers and thee,
I hear, from thy bosom, the welcome of home, For song has a home in the hearts of the free ! nd long as thy waters shall gleam in the sun, And long as thy heroes remember their scars,
Be the hands of thy children united as one,
And peace shed her light on the Banner of Stars !
Her pronunciation of the English was very pretty, and the way in which she executed the cadenza at the close called down thunders of applause. This was the termination of the concert, and she was called for by the audience and vehemently cheered, when the last shower of bouquets fell upon the stage, and she with- drew, bowing gracefully to the audience. Here there were loud cries of " Where's Barnum ?" Mr. Barnum then made his appear- ance on the stage, and addressed the audience amidst loud cheers as follows :
LADIES AND GENTLEMEN: I have but one favor to ask of you and that is, that in the presence of that angel (pointing to the door where Jenny had just passed out) I may be allowed to sink where I really belong-into utter insignificance. If there has ever been a moment when I aspired to have the question generally asked, " Where is Barnum ?" that time has passed by forever. I acknow-
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Jenny Lind's First Concert.
ledge frankly that after such a display as we have had to-night Barnum is nowhere! But, my friends, I beg to tell you where Jenny Lind is. I shall not speak of her musical talents; you know what they are better than I can tell you ; you have shown by your ungovernable applause to-night that you appreciate her incomprehensible and indescribable vocal abilities; but I must announce a circumstance regarding her which I cannot allow you to leave without knowing-she begged me not to do it ; and on : ordinary occasions I would obey her every wish, but I feel that it is due you to state the fact which I allude to. Under the con- tract between Jenny Lind and myself she is entitled to one-half the net proceeds of every concert given under our agreement. On this occasion the expenses being more for the first concert than will usually be the case, her portion of the profits will be in the neighborhood of $10,000. I received a message from her this morning in which she declared that she would not receive one penny of the proceeds of this concert, but will devote every farthing of it to-morrow morning for charitable purposes. It will be disposed of as follows :
To the Fire Department Fund __ $3,000
Musical Fund Society. 2,000
Home for the Friendless 500
Society for the Relief of Indi. gent Females. 500
Dramatic Fund Association __ 500
Home for Colored and Aged Persons 500
Colored and Orphan Asylum 500
Lying-in Asylum for Destitute Females 500
New York Orphan Asylum ._ 500
Protestant Half Orphan Asy- lum 500
Roman Catholic Half Orphan
Asylum 500
Old Ladies' Asylum 500
Total $10,000
In case the money coming to her shall exceed this sum, she will hereafter designate the charity to which it shall be appropriated.
Three enthusiastic cheers were then given for Barnum, and the assemblage separated in the most perfect order, and without crushing, owing to the excellent police arrangements. On their way home the wonderful songstress was the subject of discussion among the different groups who returned from the Garden to- gether, each selecting from the wonders of her performance some beauty or feat that seemed more dazzling than the rest. NEW YORK HERALD, Sept. 12, 1850.
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Jenny Lind's First Concert.
ADVERTISEMENTS OF THE DAY.
O ISTLE GARDEN .- FIRST AP- PEARANCE OF MLLE. JEN- NY LIND, on Wednesday evening, September 11, 1850.
PROGRAMME.
PART I.
Overture-" Oberon." C. M. V. Weber.
Aria-" Sorgete."
(Maometto secondo) Rossini. Sung by Sig. Belletti.
Scena and Cavatina -- " Casta Diva."
(Norma). Bellini. M'lle Jenny Lind. Grand Duet for two Piano Fortes. Thalberg. Messrs. Benedict and Hoffman. Duet-"Per Piacer."
(Il Turco in Italia). Rossini. M'lle Jenny Lind and Sig. Belletti.
PART II. Overture-" Crusaders." (First time in America). Benedict. Trio Concertante for Voice and two Flutes. (Camp of Silesia) Meyerbeer. Composed expressly for M'lle Jenny Lind. M'lle Jenny Lind. Flutes-Messrs. Kyle and Siede. Aria Buffa-" Largo al factotum." (Barbiere). Rossini.
Sig. Belletti. Swedish Melody-"Herdsman's Song " (known as the Echo Song). Sung by M'lle Jenny Lind. Greeting to America-Prize Composi- tion, by Bayard Taylor, Esq. Benedict-Composed expressly for this occasion. M'lle Jenny Lind. Conductor-Mr. Benedict.
The Orchestra will consist of Sixty Performers, including the first talent in the country. Prices of Tickets, $3. Choice of places will be sold by auction, at Castle Garden, at half-past 10 o'clock, on Saturday morning, 7th Sept., inst. Doors open at 6 o'clock. Concert to commence at 8 o'clock. No checks will be issued. M'lle Jenny Lind's Second Grand Concert will be given at Castle Garden on Friday evening, 13th inst. Choice places to the Second Concert will be sold on Tuesday morning, 10th inst., at half-past 10 o'clock. Chickering's Grand Pianos will be used at the First Concert.
H ENRY H. LEEDS, AUCTIONEER .- JENNY LIND Concert Tickets of admission for the first and second Concerts, to take place at Castle Garden on Wednesday 11th, and Friday, 13th September. Henry H. Leeds & Co. will sell at auction, at the Castle Garden, on Saturday, 7th inst., at half-past 10 o'clock, all the tickets for the first Concert of Jenny Lind. A diagram of the seats will be prepared, from which choices may be made, and every ticket sold without reserve, to the highest bidder. The second sale will be made at the same place, on Tuesday, Sept. 10, for the Concert which will take place on Fri- day, the 13th inst.
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NOTES ON THE HISTORY OF PRINTING IN NEW YORK.
VII.
Zenger was cast into prison on the warrant before described, the date of his arrest being the 17th of November, 1734. His periodical had then nearly completed one year and two weeks. He was kept without pen, ink, or paper, and was forbidden even to speak to his wife, except in the presence of third parties. His journal did not make its usual appearance that week, but when it was again published, which was on the 25th, Zenger thus told the story of his arrest :
To all my Subscribers and Benefactors who take my weekly Jour- nall : Gentlemen, Ladies and Others :
As you last week were Disappointed of my Journall, I think it incumbent upon me, to publish my Apoligy, which is this. On the Lords Day, the Seventeenth of this Instant, I was Arrested, taken and Imprisoned in the common Gaol of this city, by Virtue of a Warrant from the Governour, and the Honourable Francis . Harrisson, Esq; and others in Council of which (God willing) you'l have a Coppy, whereupon I was put under such Restraint that I had not the Liberty of Pen, Ink, or Paper, or to see, or speak with People, till upon my Complaint to the Honourable the Chief Justice, at my appearing before him upon my Habeas Corpus on the Wednesday following. Who discountenanced that Pro- ceeding, and therefore I have had since that Time the Liberty of Speaking through the Hole of the Door, to my Wife and Servants by which I doubt not you'l think me sufficiently Excused for not sending my last week's Journall, and I hope for the future by the Liberty of Speaking to my Servants thro' the Hole of the Door of the Prison, to entertain you with my weekly Journall as formerly. And am your obliged, Humble Servant,
J. PETER ZENGER.
The old established Gazette, which belonged to the Governor's party, thus reported the matter :
"On the 17th instant John Peter Zenger was taken up and committed to Gaol by virtue of an Order of Council, for Print-
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Notes on Printing in New York.
ing and Publishing the above mentioned Journals, or News- papers, &c .; and on the 20th instant he was brought by a writ of Habeas Corpus before the Honourable James De Lancey, Esq ; Chief Justice, at his Chamber where the Writ was Returnable, who ordered the Argument of that matter to be at the City Hall on the 23d in the Afternoon. At which Place, after a long De- bate (the City Hall being crowded with People) the Chief Justice was pleased to order that the said John Peter Zenger shou'd be admitted to bail, himself to be bound by Recognizance in the Sum of 4007. & two Sureties, in 2004. each, for his Appearance the next Term; and Remanded him to Prison for want of such Recognizance ; which we don't hear is as yet entered into."
It appears by the report of the trial made by Zenger's friends, and since reprinted two or three times, that Alexander and Smith appeared as counsel for him, those on the other side being the Attorney General and Mr. Warrel. Both the Chief Justice and Mr. Philipse were on the bench. Mr. Alexander insisted that Zenger should be admitted to reasonable bail, and to show that this was his right, they quoted Magna Charta, the Petition of Right, and other authorities. The habeas corpus act directed the sum in which bail should be taken to be " according to the quality of the prisoner and nature of the offence." Hawkins says : " Jus- tices must take care that, under pretence of demanding sufficient security, they do not make so excessive a demand as in effect amounts to a denial of bail, for this is looked upon as a great grievance by 1 William and Mary, session second, by which it is declared that excessive bail ought not to be required." It was also shown that the seven bishops who, in King James the Second's time, were charged with the like crime that Zenger stood charged with were admitted to bail on their own recog- nizances, the Archbishop in two hundred pounds and the other six in one hundred pounds each only. Some other authorities and arguments were produced and insisted on by counsel to prove his right to be admitted to moderate bail, and to such bail as was in his power to give, and historical references were made to show how much requiring excessive bail had been resented by Parliament. Zenger made affidavit that when his debts were paid he was not worth forty pounds, the tools of his trade and
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Notes on Printing in New York.
wearing apparel being excepted. It was plain that the sympa- thies of the audience were with him, but that did not deter the Chief Justice from making the order above given. Zenger could not give security to any one who might give bail for him, and he therefore was returned to jail. He expected to be discharged on the last day of the term, which was Tuesday, the 28th of January, 1735, but his hopes were fallacious.
He gave in one of his numbers a moving account of his con- dition while here. Bradford's paper had assaulted him, as he laid in prison. He thus spoke of his enemies :
From my Prison, December 20th, 1734.
Oh cruelty unknown before To any barbarous savage shore, Much more where Men so much profess Humanity and Godliness.
It is no new Thing for even a Man of Vertue to fall under Dis- tress ; but to mock him when distress'd or under Misfortunes, is what has been accounted a Vice among the more civilized Heath- ens ; however it is my case at present, and my Adversaries are not content with my imprisonment, but I am made their laughing Stock.
There is a great Noise made in that ridiculous letter in Mr. Bradford's last Gazette about setting the Province in Flames, raising of Sedition and Tumults, dc. I know of none, either past or intended; if my Adversaries know of any, they'l do well to discover them and prevent ill Consequences. I have printed some complaints to the Public, those complain'd of had a Remedy to answer without coming to me ; and had they come to me, they would have found the same Fidelity some of them experienc'd before ; They may tax me with Weaknesses accident to human Nature ; but it is out of their Power (and I hope ever will be) truly to prove me guilty of any premeditated Wickedness.
That Author begins the Confession he would have me make with a very puny Witticism on my Address to my Readers; by saying It sounds like the Language of the Prize-fighter or Poppet Show Man. I can assure. him that many Gentlemen and Ladies read my Journals ; there is also some others and among them some S -- s, witness that Author. I might tell him that the
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Notes on Printing in New York.
whole of his Performance sounds too much like the Language of a bankrupt Vinter or - &c.
That I was brought over at the charitable Expence of the Crown is the only Truth that groaping Fumbler found when he studied that clumsy Performance. I acknowledge it; Thanks to QUEEN ANNE whose Name I Mention with Reverence, her Bounty to me and my distress'd County Folks is to be grate- fully remembered. If that Author has contributed any Thing to- wards it, I begg to be informed. I assure him that my Acknowl- edgement shall not be wanting, notwithstanding his ill Treatment : If he has not, I begg leave to tell him, that it is mean for him to twit me with Benefits that I am no ways beholden to him for.
That my Friends are pretendedly so, will (I hope) prove as false as my Enemies are malicious ; whatever some of my Adversaries may be, I beleive my Friends to be Men of Honour and Probity, and if they even should forsake me, I would say of them as Cicerc said in Answer to the notions the Epicureuns had of a God, si tales sint Amici, ut nulla gratia, nulla nominum, charitate tene- antur valeant, I'll trust to the Laws of the Realm and my country, and still retain my Integrity : FOR HONESTY IS THE BEST POLICY.
My Sword was never intended to protect me against a sworn Officer in the Discharge of his Duty : But since this Scribbler must needs make himself merry with it, I think it may not be amiss to tell my Readers a serious but true Story. About 8 weeks agoe the Honourable Francis Harrison, came to my House, and swore by the God that made him he would lay his Cane over me the first Time he met me in the Street, with some other scurrilous Expressions more fit to be uttered by a Dray Man than a Gentle- man. Against such Assaults my Sword not only could but would have protected me, and shall while I have it, against any Man that has Impudence enough to attempt anything of that Nature -- Veni vi repellore licet.
What private Orders the Sheriff had concerning me are best known to himself. This I know that from the time of my being apprehended till the Return of the Precept by virtue of which I was taken, I was deny'd the Use of Pen, Ink, and Paper ; Alterations were purposely Made on my Account, to put me in a
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Notes on Printing in New York.
Place by myself, where I was strictly confin'd about 50 Hours that my Wife might not speak to me but in presence of the Sub sheriff ; to say this was done without Orders is Lybelling the Sheriff, and I hope he will resent it.
To conclude, I begg of this indifferent Gentleman (indifferent indeed but how impartial!) That if he needs will continue Author, to write Ballads for Children if he has the Knack of Versiefying ; if he has not, then let him write some Thing in Imi- tation of Tom Thum, Jack the Giant Killer, or any Thing, the more nonsensical it is the better it will suit his Genius; let him bring his Lucubrations to me and on the Word of an honest Man, I'll earn his Money as faithfully as any Printer in America ; But let him leave Lampooning of me, a Task equally mean as wicked, for I think no honest Man can be guilty of deriding his Fellow mortal when he sees him struggling in the Waves of Adversities, Laughing is catching, what has hapned to me may befall him, & perhaps with double Weight. I am,
J. PETER ZENGER.
The end of the term of the grand jury came and passed, no indictment having been brought, but the Attorney General was not willing to let the matter rest thus. He charged him upon information for printing and publishing parts of his journals, Nos. 13 and 23, as being false, scandalous, malicious and seditious. To this information his counsel appeared and offered exceptions, leaving a blank for inserting the judges' commissions. The Court were of opinion that they ought not to receive these papers until the blanks were filled up. During the succeeding vacation the judges gave copies of their commissions, and on Tuesday, the 15th of April, the first day of the succeeding term, Zenger's counsel offered these exceptions.
THE ATTORNEY GENERAL
JOHN PETER ZENGER.
On information for a misdemeanor.
Exceptions humbly offered by John Peter Zenger to the hon- ourable James De Lancey, Esq., to judge in this cause.
The defendant comes and prays hearing of the commission, by virtue of which the honourable James De Lancey, Esq., claims the
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Notes on Printing in New York.
power and authority to judge in this cause, and it is read to him in these words :
George the Second, by the grace of God, King of Great Britain, France and Ireland, King, Defender of the Faith, etc. To our trusty and well beloved James De Lancey, Esq., we, reposing special trust and confidence in your integrity, ability and learning, have assigned, constituted and appointed, and we do by these presents assign, constitute and appoint you, the said James De Lancey, Esq., to be Chief Justice in and over our province of New York, in America, in the room of Lewis Morris, Esq., giving and by these presents granting unto you full power and lawful authority to hear, try and determine all pleas whatso- ever, civil, criminal and mixed, according to the laws, statutes and customs of our kingdom of England and the laws and usages of our said province of New York, not being repugnant thereto, and executions of all judgments of the said court to award and to make such rules and orders in the said court as may be found convenient and useful, and as near as may be agreeable to the rules and orders of our Court of King's Bench, Common Pleas and Exchequer in England. To have, hold and enjoy the said office or place of Chief Justice in and over our said province, with all and singular the rights and privileges, profits and advan- tages, salaries, fees and perquisites unto the said place belonging, or in any ways appertaining, in as full and ample a manner as any person heretofore Chief Justice of our said province hath held and enjoyed, or of right ought to have held and enjoyed the same, to you the said James De Lancey, Esq., for and DURING OUR WILL AND PLEASURE. In testimony whereof we have caused these our letters to be made patent, and the great seal of our province of New York to be hereunto affixed. Witness our trusty and well beloved William Cosby, Esq., our Captain General and Gov- ernor in Chief of our provinces of New York, New Jersey, and the territories thereon depending in America, vice-admiral of the same and colonel in our army, at Fort George in New York, the twenty-first day of August, in the seventh year of our reign, Anno Domini, 1733.
Which being read and heard, the said John Peter Zenger, by protestation, not conferring or submitting to the power of any
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Notes on Printing in New York.
other person to judge in this cause, doth except to the power of the honourable James De Lancey, Esq., aforesaid, to judge in this cause, by virtue of the commission aforesaid, for these reasons, viz .:
1st. For that the authority of a judge of the King's Bench, in that part of Great Britain called England, by which the cogni- zance of this cause is claimed, is by the said commission granted to the honourable James De Lancey, Esq., aforesaid, only during pleasure ; whereas that authority (by a statute in that case made and provided) ought to be granted during good behaviour.
2d. For that by the said commission the jurisdiction and authority of a justice of the Court of Common Pleas at Westmin- ster, in that part of Great Britain called England, is granted to the said James De .Lancey, Esq., which jurisdiction and authority cannot be granted to and exercised by any one of the justices of the King's Bench.
3d. For that the form of the said commission is not founded on or warranted by the common law, or any statute of England, or of Great Britain, or any act of Assembly in this colony.
4th. For that it appears by the commission aforesaid that the same is granted under the seal of this colony by His Excellency William Cosby, Esq., Governor thereof; and it appears not that the same was granted, neither was the same granted by and with the advice and consent of His Majesty's Council of this colony ; without which advice and consent His Excellency could not grant the same.
Wherefore, and for many other defects in the said commission, the defendant humbly hopes that the honourable James De Lancey, Esq., will not take cognizance of this cause, by virtue of the commission aforesaid.
Signed JAMES ALEXANDER, WILLIAM SMITH.
The exceptions to Mr. Philipse's commission were the same. Both series of exceptions were offered by Mr. Alexander, who prayed that they might be filed. The Chief Justice was angry, and said to Mr. Alexander and Mr. Smith that they ought well to consider the consequences of what they offered, to which both answered that they had well considered what they had offered
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and all the consequences, and Mr. Smith added that he was so well satisfied of the right of the subject to take an exception to the commission of a judge, if he thought the commission illegal, that he durst venture his life upon that point. As to the validity of the exceptions then offered he was willing to argue if he could be heard. De Lancey replied that he would consider the excep- tions in the morning, and ordered the clerk to bring them to him.
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