USA > New York > New York City > The Memorial History of the City of New York: From Its First Settlement to the Year 1892, Volume II > Part 34
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Probably by reason of the shocking event that terminated the series, there is great minuteness in the account of the occurrences that at-
1 Admiral John Byng, fourth son of Viscount Torrington, from a photograph of the original picture by Hudson at Chicksands Priory.
2 " Political and Social Letters of a Lady of the Eighteenth Century," edited by Miss Emily F. D. VOL. II .- 19.
Osborn (youngest daughter of the late baronet), New-York, 1891, pp. 11, 12. The person thus referred to was the Hon. Mrs. Osborn, Sir Dan- vers's mother.
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tended the arrival, the inauguration, and the assumption of his new duties by Governor Osborn. On August 22 he sailed from Ports- mouth in H. M. S. Arundel, and two days before wrote to his sons, lads of about twelve and ten years respectively, the letter which we subjoin in fac-simile, and which is extremely pathetic in view of To my two Sons the fate which we now know was im- pending over the affectionate and stricken parent.1
My dear Boys,
Thank you for your a Letter anh hund wishes. I hope when I return it will be the better for you. In the mean. Time be good , and obey your Grandmamora , Lord Halifax on Mr Beding feito , when he comes to you make virtuous and honourable imin x you will make me happy. I leave your my tender Beeping & amo sincerely
Your affectionate Father Danvers Grbom.
On Saturday, October 6, 1753, the vessel that had conveyed him across the ocean entered New-York harbor. On the next day, Sunday, the 7th, Sir Dan- vers landed in state at the foot of Whitehall street, and was formally received by the royal council, Gov- ernor Clinton be-
ing at his country-seat at Flushing, Long Island. Although it was Sunday, the festivities were begun by a banquet in honor of the new incumbent; the next day Clinton came into town, and had a confer- ence with Osborn at the governor's residence in the fort. On that (Monday) evening again a public dinner was given, at which both Sir Danvers and Clinton appeared, and which was tendered by no official body, but by the prominent citizens of the colony.
As the mansion in the fort was undergoing repairs preparatory to the change of occupants, Sir Danvers was invited to the house of a member of the council, Mr. Joseph Murray. This gentleman had married one of the daughters of Governor Cosby, and as Mrs. Cosby was related to the Earl of Halifax, Mrs. Murray was also a distant connection of the late Lady Osborn. Mr. Murray was a man of ample fortune and of marked ability. He " was the principal lawyer of the
1 The original letter is indorsed by the Hon. Mrs. Osborn, as follows: " Sir Danvers Osborn. August 20, 1753, to his two sons, from Portsmouth. Sailed from thence Augt 22-to that unfortunate Government of New-York, where he arrived, Oc-
tober 6. and dyed the 12-". The copy of this interesting letter, with this indorsement, was furnished to the Editor by the courtesy of Miss Emily F. D. Osborn, whose work has been cited on the previous page.
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province, and a leading member of the royalist party."' His house was situated on the lower part of Broadway, the garden in the rear extending to the edge of the Hudson River, which, as is known, then came up as far as the present Greenwich street. Mr. Murray's home "was for that time in America a very luxurious one. . . . Sir Dan- vers must have been quite as comfortable there as in his own house in England. The difference in the material comforts of the two coun- tries was not then more marked than now, the colonial English gen- erally importing much of their contemporary comforts to their colonies and territories."" On Tuesday, the 9th, Governor Clinton made a formal call on Sir Danvers at his host's, and the day was also marked by the presentation of the freedom of the city in a gold box. The
CHICKSANDS PRIORY AS IT IS AT PRESENT.
ceremonies and jubilations of the inauguration, on Wednesday, the 10th, have already been described. Even then the shadow of the sad event to come had begun to settle upon the new governor. The crowds that lined Broadway and Wall street as the procession passed gave vent not only to their enthusiasm at the sight of Sir Danvers, but that of the retiring governor excited them to an ill-timed and coarse anger, and they uttered shouts of derision and words of vituperation against him. This did not affect Clinton half as much as it did the sensitive Osborn ; and he gave evidence of the fact that this ill-mannered con- duct had made an impression upon him by the effort to soften its unpleasantness for his predecessor. He observed that he fully expected to be himself made the mark of such assaults ere he had been long in the government. An intimation of the perfect correctness of this presentiment was received by him on the very next day (the 11th),
1 These citations are from Mr. Fowler's MS. 2 Doc. rel. Col. Hist. N. Y., 6 : 804.
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while, so to speak, the echoes of the cannon and the bells celebrating the joy at his coming had scarcely ceased. In the address from the corporation had occurred this clause, expressing the assurance that his Excellency would be as "averse from countenancing as we from brooking any infringements of our inestimable liberties, civil and religious."' The governor did not like either the words or the tone of this passage: he distinctly contemplated requesting the corporation to remove it from their address, but wiser counsels dis- suaded him. In the face of this determined stand of the colonists, he remembered that his instructions called for a specially determined effort to curb this very spirit and curtail some of these all too liberal privileges. He in- quired of one of the councilors how the enforcement of these instructions would be met. He was informed that the provincial assembly would not yield an inch of the power which had passed into their hands when the THE OSBORN ARMS. grants of revenue had been made annual with detailed appropriations, instead of for a number of years and undistributed. When this reply was made the disconsolate chief magistrate bowed his head, and sighed, " What then am I sent here for ?"" to which there was no response.
Immediately after the inauguration dinner, while the other guests still remained at the table, Sir Danvers had asked to be excused on the ground of indisposition. On the next day (the 11th) he dined quietly at an early hour at the home of his host. Still complaining of illness, Mr. Murray proposed to him to take the air either in a car- riage or a ride on horseback. This being declined, and his guest's depression of spirits appearing to increase, the best physician in town, Dr. Magraw, was summoned; but his prescription was disregarded, and the governor retired early to his chamber, ordering some broth to be prepared.3 It was the last time that he was seen alive. Early the next morning, Friday, October 12, the body of the unhappy Sir Danvers was found suspended from the fence in Mr. Murray's garden.
It is not difficult to imagine the consternation that must have seized upon the little colonial capital as the news of this dreadful oc- currence was noised abroad. Several governors had died in office, and some suddenly ; but none of these deaths had been of this char- acter, after a rule of but two days and apparently by suicide. The
1 "History of New-York," by William Smith (cont. to 1762), in 2 vols. (N. Y., 1830), 2 : 183. 2 Ib., 2 : 185.
3 "All the papers and chronicles of the time are very precise about the new governor's movements, and particularly how and where he dined and supped. . . . Mr. Murray, in a deposition taken under oath by order of the council to be sent to
England, states that the physician ordered 'sack whey.' Sir Danvers declined, and ordered his servant to bring . broath' instead. Mr. Murray seems to have thought this fact of importance. and that the most skeptical lord of trade of the last century would be convinced that a man who preferred broth to sack-whey must be mad in- deed." Mr. Fowler's MS.
SIR DANVERS OSBORN AND SIR CHARLES HARDY
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THOMAS POWNALL, SECRETARY TO SIR DANVERS OSBORN.
heat and bitterness of party spirit did indeed dare to broach the sus- picion that the adherents of the lieutenant-governor had sought this execrable means of placing their favorite in power. But this charge was too monstrous to be seriously or long entertained even in that day. Yet it led to careful depositions regarding the attending circum- stances, which were sent to England to convince the lords of trade that there had been no foul play, but that Sir Danvers had died by his own hands. The funeral occurred on the next day (October 13), and as the Rev. Henry Barclay, rector of Trinity, had felt some scruples
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about consigning his Excellency's remains to the grave with the usual ritual, the unhappy fact (which, however, lessened the horror of the deed) was clearly brought out by other depositions that insanity had before visited the heartbroken baronet for a brief period since his wife's death, and that he had even attempted his life before. By the testimony of his private secretary1 and other companions on the voy- Bronal age, and of close observers of his actions throughout the inaugural exercises, it was proved that the change from England to America, and the assumption of new and untried activities, so far from affording the hoped-for relief from the threatened malady of heart and brain, had really only aggravated it and hastened the fatal result.2
It must be confessed that the political opinions or at least affilia- tions of the prominent New-York personages and their families in the middle of the eighteenth century present many puzzling complica- tions. By a most arbitrary exercise of power, at the mere nod of Governor Cosby, Chief Justice Lewis Morris, the favorite of Robert Hunter, had been removed from his high office, and James De Lancey, not yet thirty years of age, appointed in his place. That De Lancey heartily acquiesced in this infringement upon colonial liberties was shown not only by his acceptance and retention of this office, but in a marked degree by his conduct at the Zenger trial. On a previous page have been described his contentions with the two great jurists, William Smith and James Alexander; they calling in question the validity of his appointment, whereby he was compelled to disbar them. Then De Lancey was the stanch champion of the governor and of the prerogatives of the crown; while Smith and Alexander hav- ing fomented the opposition against the governor in the very news- paper that appeared in the libel suit, continued after their legal victory to agitate in favor of popular rights. During the next administration there was a complete change of base. The animosities awakened by the trial continued the same, but they led the combatants to an interchange of camps. Governor Clinton claimed that De Lancey remained friendly toward him only until by this dissembling con- duct he had induced his Excellency to change the tenure of his office of chief justice from one at "pleasure" to one on "good behavior." As soon as the latter had been effected, making De Lancey indepen- dent of the governor, it was charged that he threw himself into
1 This was Thomas Pownall, Esq., who remained in the colonies after Sir Danvers's death, and by his intelligence and industry raised himself finally to a high rank in their service. He was an author before he left England, having published a work on the philosophy of political institutions. In 1757 he was appointed governor of Massachusetts, served three years with ability, and having soli-
cited his own recall from that government, he was at once made governor of South Carolina, a post which he held for ten years. He had been offered the governorship of New-York, but de- clined it. He died at Bath, in 1805, at the age of 85 years.
2 Fowler MS. notes.
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the ranks of the opposition, determined to render Clinton's posi- tion as unpleasant as possible. But we may well look for some other cause than mere caprice, as De Lancey's support of the governor was in entire accord with his course during the incumbency of Cosby /) and Clarke, a period of near- ly eleven years. There no doubt was a quarrel, and hence it is equally certain that the governor gave De Lancey some reason to be offended. It is also to be observed that there appears to be no rupture between these high functionaries till three or four years after Clin- ton's assumption of the gov- ernment. But after that there is scarce a letter writ- ten by the governor to the lords of trade, or to individ- ual members of that board, or to private correspondents, that does not reiterate with painful monotony the story of the evil conduct of the George& chief justice. He regrets that he has made his appointment to depend on good behavior, and actually discusses the question whether that step on his part could not be annulled at home.1
His complaints, bitter and unending, against De Lancey (as has already been more fully related in the preceding chapter), were met by the authorities in England in a most startling manner, exceedingly humiliating to the governor. While seeking to lower him in the es- teem of the lords of trade, Clinton, on the other hand, sounded the praises of Cadwallader Colden, and recommended that the latter be appointed lieutenant-governor. He descanted on the advantages of creating such an office at the present juncture, when matters were fast ripening toward the breaking out of the French and Indian war, and when the governor had to be absent from the capital so frequently to adjust relations with the Indians and the other col- onies." The ministers at home saw the cogency of his recommenda- tion so far as the office was concerned, but passing by the gentleman whom he named as peculiarly fitted for it, they conferred the honor 1 Doc. rel. Col. Hist. N. Y., 6: 356, 357. 2 Tb., 6 : 313.
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on none other than Clinton's persistent enemy, James De Lancey, who retained at the same time the chief justiceship. On October 27, 1747, this appointment, with the commission, was received by the governor; and as he had requested a leave of absence, he would have been com- pelled to hand the commission to De Lancey at once, and allow him to indulge the satisfaction of being chief ruler for a brief period.1 To prevent this Clinton actually declined to avail himself of his permission to leave.
On the death of Sir Danvers Os- born the lieutenant-governor, by vir- tue of this same commission of 1747, was duly invested with the govern- ment of the province. From his own account we learn that on the morning of the inauguration the retiring gov- ernor handed this commission to De METHODIST CHURCH IN JOHN STREET. Lancey in council before Sir Danvers read his. On the fatal Friday, the council having been hastily sum- moned, De Lancey read the document only in the presence of the mem- bers and the officer of the guard, as anything more public would have been inappropriate. The acting governor's first care was to appoint a committee consisting of James Alexander (the oldest councilor present), John Chambers (second justice of the Supreme Court), and Mayor Hol- land, to make an investigation into the cause of Governor Osborn's death. The assumption of the government, however, placed De Lancey in a very curious, if not anomalous position. He had devoted all his talents and energies to oppose and harass Governor Clinton. But the royal governors stood for the royal prerogative, and the burden of its demands was limited to one cry : a permanent revenue, without spe- cific appropriations. De Lancey had, therefore, been the advocate of the opposite policy: annual grants, definitely appropriated. That was the popular cry, and Cosby's chief justice, and Zenger's very partial judge, must perforce take up that cry, and identify himself with the popular party. This sent Smith and Alexander, the champions of Zenger and of popular rights, into the ranks of the governor's and the royalist party, and Clinton urgently recommended their reinstate- ment in the council, whence Cosby had banished them. It is somewhat disheartening thus to notice personal pique determining men's stand on great questions of public policy; but, doubtless, many patriots who now are lauded to the skies permitted similar motives to influ- ence them. Fortunate those who were thus unworthily led to adopt the popular or successful side; but this should make one less harsh
1 Doc. rel. Col. Hist. N. Y., 6 : 416.
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in judging those who conscientiously and, therefore, worthily resolved to stand on the losing side.
With a record of strenuous support of the provincial assembly in their plea for annual grants, what was De Lancey to do now that Sir Danvers Osborn's instructions passed over to him to be carried out ? Delicate and difficult as was his task under the circumstances, yet it was in reality greatly facilitated by reason of his known sympathy with the opponents of the government's claims, and his former strenuous ad- vocacy of their policy. It could easily be appreciated by them that in his capacity as acting governor he must perforce press the instruction on this point; but then they would know that it was merely perfunctory, and that if they disregarded this injunction, it would not be his fault, and would not cause him any chagrin. While he must necessarily report their adverse action, the spirit in which this would be done would radically differ from that of the previous governor; and the manner of reporting, together with his comments, might even lead the home authorities to understand the folly of insisting upon that which it would be impossible to obtain. As appears from a letter to Gov- ernor Hardy, this result was actually attained to a moderate extent. How well De Lancey avoided offending both parties, yet remained per- fectly loyal to his convictions as well as to his superiors, is shown by some passages in a letter to the lords of trade, dated January 3, 1754, the first in which he treats of the mooted point: "Governor Clin- ton . . . took up with the annual salary of £1560 for some years suc- cessively; he then, upon some dissatisfaction with the Assembly, tryed to have the support in the former way, but could not obtain it by the rougher method of Dissolutions. I have tried the softest Methods I could, but to as little purpose. The principal members frankly told me I might dissolve them as often as I pleased, as long as they were chosen (which I hear most of them would be again, if dissolved on that point) they would never give it up." And now is indicated the beneficial results of the entente cordiale between the lieutenant-gov- ernor and these refractory assemblymen. In their resentment against Clinton, the practice of annual grants had been pressed so far that some of the clear prerogatives of the king as executive had been in- vaded. Hence, in a "Representation of the Lords of Trade to the King," they justly complained "that the Assembly have taken to themselves not only the management and disposal of such publick money, but have also wrested from your Majesty's Governor the nomination of all offices of Government, the custody and direction of the publick mili- tary stores, . .. and in short almost every other executive part of Government." It is doubtful whether at Clinton's instance the as- sembly would have yielded even these unwarrantable powers. But it was different under De Lancey; and so he is able to report to the
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lords: " What they would come into was, . . . not to meddle with the executive part of the Government, which I had convinced them was an encroachment on His Majesty's Prerogative, the Executive Power being solely in the Crown."1 Aside from these legislative diffi- culties, the times were trying, for the French and Indian war was impending, and, indeed, hostilities had already begun. There were men to be enlisted, military stores provided, and money to be raised for defense and attack. Through all this the New-York assembly kept a keen and wakeful eye upon its rights. But De Lancey's neu- trality or impartiality between the two contending forces was really an advantageous circumstance. In all his letters he points out the obstinacy of the assembly, but also the danger of unwisely provoking it on the part of the home government. He wishes to remain true to the unwise instructions, but, in one instance, boldly transgresses them, and writes : "I hope the necessity of securing the Province and of obtaining money for the use of the King's troops . will plead for my excuse in breaking through my Instructions by giving my assent to a Law for a paper Emission without a suspending clause; I could not get money in any other way, as your LordPps. may be convinced of from what passed between me and the Assembly on this Subject last fall."" The lords of trade must have been more than ordinarily blind not to have commended his independent judgment and action in this emergency. In fact it would seem as if the inter- ests of the colonies, and of the crown if it wished to retain them in possession, would have been immensely promoted by leaving in power such men as De Lancey, born in the country, in touch with its citizens, yet loyal to England so long as it acted wisely and justly. But a native Englishman, one near the court, one who must be rewarded by place, one who needed a reparation of fortune, such was the ideal of the man for colonial governor in America ever in the minds of the ministers at home, fitness or capacity being very subordinate con- siderations; and such a one, answering in one or more particulars to this ideal, was again selected to supersede Lieutenant-Governor De Lancey in the government of New-York.
As early as January 29, 1755, an order of council, regularly con- vened with the king present, was executed appointing as captain-gen- eral and governor-in-chief of his Majesty's province of New-York a gentleman named "Charles Hardy Esq"" in the document. He was a captain in the royal navy, about fifty years of age at the time of his appointment, and in addition to or connection with this honor he must have been knighted by his Majesty, for the first communication · of the lords of trade to him, before he had reached America, and dated August 12, is addressed to "Sir Charles Hardy, Knight."3 He 1 Doc. rel. Col. Hist. N. Y., 6 : 820, 821 ; 831, 832. 2Tb., 6 : 941. 3 Ib., 6: 960.
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had been in America before, and had also borne a similar office there, having been appointed governor of Newfoundland in 1744. Embark- ing in the Sphynx early in July, the new governor of New-York ar- rived in the upper bay on September 2, 1755. The formal reception and his landing took place next day, but on that same evening the lieutenant-governor called on Sir Charles on board the ship. It was a great relief to the latter that so efficient and experienced a person remained near him in the government, for he felt himself entirely un- fitted for many of the duties that belonged to his present station. The opponents of De Lancey called in question his right to return to the functions of chief justice, or, in case he reassumed them, to continue as lieutenant-governor. The case was even submitted to the attorney-general by the lords of trade.1 But the decision was in favor of his continuance, and the governor practically upheld De Lancey in the exer- cise of the duties before that decision, be- cause he felt his assistance indispensable to himself. A vivid account has been left us by the historian William Smith of a scene where he was himself present, his father taking part in the conversation, of which he " made a minute as being too characteristic that Randy of Sir Charles to be omitted " from his his- tory. There was to be a trial before him as chancellor, and he was in despair how to proceed. He had asked the chief justice to come, but as the time for the hearing of the case drew near, and it grew past the hour set, that officer failed to appear. His Excellency then called the counsel of both sides into a private room, and asked them : "Does this matter turn upon a point of law ?" He was assured it did. Thereupon he made this frank and sailor-like reply : "I have been justice of the peace in England, but know noth- ing of the law. My knowledge, gentlemen, relates to the sea: that is my sphere. If you want to know when the wind and tide suit for go- ing down to Sandy Hook, I can tell you that. How can a captain of a ship know anything of your demurrers in law ?" Here the chief justice came in, much to the relief of the governor. "The cause was afterward debated and a decree pronounced by De Lancey, who dic- tated the entry to the register," continues the historian; "the gov- ernor, who awkwardly sat by, interfered only to pronounce an amen."2
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