USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 12
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During the administration of Governor Nanfan a rumor ob- tained currency in the colony that Lord Cornbury had been ap- pointed governor of the province. This rumor created great re- joicing among the anti-Leislerians, and led them to send communi- cations to England, addressed to the king and to the prospective governor, and others, highly condemnatory of the administration in the province and the party sustaining it. The discovery thereof
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by Governor Nanfan led to the arrest and imprisonment of a number of the actors, also the trial and conviction of some for high misdemeanors and treason ; fortunately there were no ex- ecutions.
The offensive letters referred to were written by Nicholas Bayard. In the one addressed to the king, he said "that the late differences were not grounded in a regard to his interest ; but the corrupt designs of those who laid hold of an opportunity to enrich themselves by the spoils of their neighbors." The petition to Parliament stated that "Leisler and his adherents gained the Fort at the revolution without any opposition ; that he oppressed and imprisoned the People without cause, plundered them of their goods, and compelled them to flee their country, though they were well affected to the Prince of Orange. That the Earl of Bellomont appointed indigent sheriffs, who returned such members to the As- sembly as were unduly elected, and in his Lordship's esteem. That he suspended many from the Board of Council who were faithful servants to the Crown, introducing his own tools in their stead." They also denied the authority of the late Assembly, and added " that the house had bribed both the Lieutenant Governor and the Chief Justice ; the one to pass bills, and the other to defend the legality of their proceedings." The next day after their arrest Bayard, Vandam, French, and Wenham sent an impertinent com- munication to the lieutenant-governor, in which they boldly justi- fied the legality of their address, and demanded to be released from imprisonment. Unfortunately for them, however, in 1691 Bayard, in order to carry out his programme against Leisler, had procured the passage of a law by which it was declared that "whatsoever person or persons shall, by any manner of ways, or upon any pre- tence whatever, endeavor by force of arms or otherwise, to disturb the peace, good and quiet of their Majesties' government, as it is now established, shall be deemed and esteemed as rebels and trai- tors unto their Majesties, and incur the pains, penalties and for- feitures as the laws of England bear for such offences, made and provided." Thus was Bayard to be caught in a trap of his own creation. It was under the provisions of that law that Bayard was subsequently tried, convicted, and condemned as a traitor.
Edward, Viscount Cornbury, was appointed Governor of New York, and after his arrival on the 3d day of May, 1702, he entered upon the duties of his office, and at once dissolved the Assembly, and declared that a new one should be called as soon as possible. Under a call made shortly thereafter, Henry Beekman and Thomas Garton were sent as delegates from Ulster County.
Lord Cornbury was commissioned as Governor of New York by King William, to supersede Lieutenant-Governor Nanfan, not on
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account of any merit or ability, but simply in gratitude for his early desertion of the army of King James for the Prince of Orange. He was, at the time of his appointment,. a poverty-stricken nobleman, hunted out of England by a host of hungry creditors. Naturally prodigal and avaricious, he came to prey, by both fair means and foul, upon the purses of an impoverished and overburdened people. After the death of King William his appointment was confirmed by Queen Anne, and he was, at the same time, appointed to the command of New Jersey.
The history of his government is nothing but a continued con- troversy between himself and the Assembly for money, and the op- pression and prosecution of dissenting ministers. His conduct was such as soon to alienate all parties from him, and the protest against his government was so great that Queen Anne, in 1708, was compelled to supersede him, with the declaration that she would not countenance her nearest relative in oppressing her people.
On the 19th of June, 1703, a law was passed, which was con- firmed by Queen Anne in 1708, declaring the proceedings against Nicholas Bayard and Alderman John Hutchins, for high treason, illegal, and reversing and making null and void the judgments and all proceedings against them.
On the same day a law was passed entitled " an act for the lay- ing out regulating, clearing and preserving public Common High- ways throughout this Colony."
That law, among other things, directed that a road should be laid out from the south bounds of Orange County (which was then New Jersey) through Ulster County to Albany, and also directed the laying out of roads from one town to another throughout the province, to connect with the common and general roads, and to convenient landing places.
The road laid out under that law from New Jersey to Albany was formerly generally called the King's Highway, and with very few changes is now the main direct road from Goshen, passing through Shawangunk, New Paltz, Rosendale, to Kingston, thence north through Foxhall and Pine Bush to the old fording place across the Esopus Creek, thence on the west side of said creek continued forward northerly to Albany.
The commissioners designated by law to lay out the roads in Ulster County were John Cock, Jacob Aertsen, and Abraham Hasbrouck.
Where this highway crossed the sawkill, the road to the north- western part of the county diverged therefrom to the left.
Lord Cornbury, in his zeal to foist the Church of England and its clergy upon the colonies, sent one of the English ministry, Rev. Mr. Hepburn, to supply the vacancy then existing in the Dutch
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Reformed Church at Kingston. His reception is outlined in the following report from Rev. William Vesey, rector of New York, to the clergy convened at New York in October, 1704.
"Ulster County Commonly called Esopus. In this county the greatest number of People are Dutch, who about twelve years sent to Classis of Amsterdam for a minister ; Mr Neucella, being lately called home, left them destitute of any person to officiate among them, which his Excellency was pleased to take under considera- tion and has appointed the Rev Mr Hepburn to preach and to read Divine service to them. Whereby the English, who never had a minister among them, have the benefit of public worship, and are in good hopes of bringing the Dutch to a conformity. The Rev Mr Hepburn has, at present, small encouragement from the Peo- ple ; but Chiefly under God depends on the Kindness and bounty of his Excellency, the Governor of this Province."
The governor had previous to this, on the 30th of August, sent, through his secretary, a communication directed to " The Gentle- men at Esopus," in which it was stated that " Mr Hepburn, who is a minister of the established Church of England, and sent by his Excellency to administer the Gospel to you, in this vacancy, ought I think, at least, to be provided for as well as a dissenting minister to the Church, who is only tolerated to exercise the unes- tablished religion he professes ; but it seems you have not been of that opinion, or if you have you have not paid obedience to his Excellency's command, and that regard to this gentleman's char- acter as was due. This appears plainly from the mean accomoda- tions you have provided." The letter proceeded with a peremp- tory order to make better provision for him, etc.
The governor failed to convince the Dutch Calvinists of Kings- ton that it was their duty to support a clergyman of another faith under his orders, and his protégé soon left for want of support.
In the spring of 1708 Lord John Lovelace, Baron of Hurley, was commissioned as governor, with the usual instructions, but did not arrive at New York until the 16th of December following. Soon after his arrival, and on the 5th of January, 1709, he dis- solved the Assembly, and issued writs for a new election, return- able on the 10th of March, 1709. The delegates returned from Ulster County were Henry Beekman and Thomas Garton. William Nichol was elected Speaker.
The Assembly had barely begun the business of the session when Lord Lovelace died very suddenly, and the government again devolved upon Richard Ingoldsby as lieutenant-governor.
Ingoldsby addressed the Assembly, and urged them to carry out the recommendations of the former governor.
England was then at war with France, and the queen and her
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council desired an expedition to be fitted out by the colonies against the Canadas. The programme was for England to send a large force, with some vessels of war, direct to Quebec, New York and the New England colonies to send a force by land to co-operate with the fleet. The colonies very willingly concurred in the proj- ect. New York issued bills of credit, payable in five years. to defray their proportion of the necessary expenses. The bills were drawn in amounts suitable for use as a circulating medium, and were the first bills of credit issued on this side of the water. The quota of New York, consisting of four hundred and eighty-seven men, was speedily raised and sent forward, accompanied by some friendly Indians. They marched to Wood Creek, at the head of Lake Champlain, and there awaited notice of the arrival of the English contingent at Quebec. They waited there a long time, ready for an immediate advance. While there a very severe and fatal epidemic broke out among them, and their numbers were rapidly thinned by the great destroyer.
England failed to keep faith with the colonies. Instead of sending the fleet and forces, as promised, to Quebec, the ministry ordered them elsewhere. The forces of the colonies were left to return home, decimated by disease and disheartened, without hav- ing seen an enemy. The colonial forces were under the command of Francis Nicholson. The useless expedition cost New York twenty thousand pounds.
Colonel Schuyler, commandant at Albany, and one of the gov- ernor's council, fully appreciating the importance of the conquest of Canada to England, as well as the colonies, determined to go to England and impress it upon the ministry. He concluded to take four Indian chiefs with him. The New York Assembly, upon being informed of his intention, adopted the following resolu- tion :
" Resolved, that the humble address of the Lieutenant Gov- ernor, council and general assembly of this Colony to the Queen, representing the present state of this plantation, be committed to his charge and care, to be presented by himself to her sacred Majesty ; he being a person who not only in the war, when he com- manded the forces of this Colony in chief at Canada, but also in the present, has performed faithful service to this and the neigh- bouring Colonies ; and behaved himself in the offices, with which he has been entrusted with good reputation, and the general satis- faction of the People in these parts."
The arrival of Schuyler with the Indians at the British court created quite an excitement. While they were there Captain Ingoldsby was removed, and Gerardus Beeckman, as senior council- man, exercised the powers of government from April 10th, 1710,
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until the arrival of Brigadier-General Robert Hunter, who was commissioned as governor on the 14th of June following.
Nothing important occurred in the short interregnum during which Beeckman held the governmental reins. Governor Hunter, soon after his arrival, dissolved the Assembly, and issued writs for a new election returnable the 1st of September, 1710. The mem- bers returned from Ulster County were the same as last, Henry Beekman and Thomas Garton. The Assembly convened in Sep- tember, and were addressed by the governor.
The colony having suffered very much under former administra- tions through misappropriations of the public funds, the Assembly were determined to prohibit the treasurer from the payment of any money upon the warrant of the governor, except in pursuance of an express appropriation made by law. On the 25th of October a bill of that character was favorably acted upon by the Assembly, which also made provision for the payment of the governor's salary for a single year. The governor having noticed their proceedings, summoned the Assembly before him on the 28th of October, called their attention to their action, and informed them that by his in- structions from the queen he was directed to take to himself twelve hundred pounds sterling annually out of the revenues for his sal- ary, and called upon the Assembly to reconsider and make the law conform to the queen's instructions. The Assembly adhered to its position. The council, upon the bill coming before it, proposed to amend ; the Assembly refused to concur, and the governor then prorogued them on the 25th of November.
The governor, during the recess, conferred with the ministry at home. The ministry sustained him in his views. At the opening of the session of the Assembly in the spring of 1711, he commenced his address to them as follows :
" Gentlemen You are now come with a disposition to answer the ends of your meeting, that is, to provide a suitable support for her Majesty's Government here, in the manner she has been pleased to direct." After some further remarks, he added : "It is necessary, at this time, that you be told, that giving money for the support of government, and disposing of it at your pleasure, is the same as giving none at all."
The Assembly passed a money bill again, giving specific direc- tions for the disposition of the money. The council amended, the house denied their right to amend, and the bill was defeated.
On the 30th of October, 1710, an act was passed for " the better settlement and assurance of lands in this Colony." By this law, which was an action of repose, it was declared that the possession of any lands from the 30th of October, 1700, to the 1st of Septem- ber, 1713, without any opposing claim by actual entry or suit
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brought, should be deemed a good title. It also provided that transcripts of deeds recorded in the Secretary of State's office should be good evidence.
In that year another expedition against Canada was projected by the ministry, and by their direction a conference was held in regard thereto by all the colonial governors from New Jersey to Massachusetts, inclusive. By the arrangement made, New Jersey, New York, and Connecticut were to furnish four thousand troops, to proceed by land, to support and assist a large naval and land force to be sent from England. To sustain their proportion of the expenses, the Assembly of New York created a debt of ten thou- sand pounds by the issue of treasury bills to be redeemed by taxa- tion in five years.
This expedition was equally unfortunate with the others. The English forces arrived, but through mismanagement and a heavy fog five of their transports were wrecked in the river, and the eight hundred troops on board lost. This so discouraged the officer in command that the fleet was at once turned about and returned home. The colonial troops also, hearing of the disaster and de- parture of the English forces, returned home and were disbanded.
The public debt having been greatly increased by these unfortu- nate expeditions, the passage of some appropriation bills became urgently necessary. The action of the Assembly, in the prepara- tion of the bills for governmental support, led to a bitter contro- versy between the two legislative branches. The council insisted upon their right to amend the money bills, that they were a part of the Legislature, constituted, as the Assembly were, " by the grace of the Crown." The house adhered to their position, and answered thus : "It is true, the share the council have (if any) in the legis- lation, does not flow from any title they have from the nature of that board, which is only to advise ; or from their being another distinct state, or rank of People in the constitution, which they are not, being all commons ; but only from the mere pleasure of the prince, signified in the commission. On the contrary, the in- herent right, the Assembly have, to dispose of the money of the freemen of this Colony, does not proceed from any Commission, letters patent or other grant from the Crown ; but from the free choice and election of the People, who ought not to be divested of their property (nor justly can be), without their consent. Any former condescensions, of other assemblies, will not prescribe to the Council a privilege to make any of these amendments, and therefore they have it not." And they further alleged that the opinions of her Majesty and her ministers could not conclude them. Thus we see the fundamental principle in regard to taxation and representation plainly set forth and adhered to by the representa-
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tives of the people. They were men of the true stamp, and not puppets in the control of royalty.
Notwithstanding, the colony was for a time much disturbed by fears of inroads by the French and Indians, as well as of an at- tack by sea upon the city of New York ; and money was greatly needed, both houses adhered firmly to their respective opinions, and would not yield or compromise. Thus the public debts re- mained unpaid. The apprehension of a hostile attack or invasion, however, was soon removed by the treaty of peace between France and England in 1713.
Another controverted point was raised during the administra- tion of Governor Hunter between the council and the Assembly. The governor created a Court of Chancery, and appointed all the officers necessary for its organization and conduct without the consent of the Assembly, but with the concurrence of the council. The Assembly protested, and urged that as the king could not cre- ate such a court without the consent of Parliament, the governor could not without the consent of the Assembly. But on appeal taken to the government in England, the Assembly was overruled and the creation and legality of the court sustained.
In the summer of the year 1714 a long session of the Assembly was held, devoted almost exclusively to matters connected with the public debt, or rather, as shown by the preamble of the enact- ment, "to provide for the payment of legal warrants, issued by former governors, with the consent of the Council of the Colony, upon the Collector and Receiver General for the time being, pay- able out of funds raised from time to time for the support of the Government, and which warrants remained unpaid by reason of the misapplication and extravagant expenditure of such funds by some of the former Governors, contrary to the true intent and ob- ject for which they had been raised." The amount thus required to make good the malfeasance of some of the former governors was twenty-seven thousand six hundred and eighty pounds. Recourse for the settlement of such warrants was had to the issue of bills of credit for the full amount. They were to be signed by commis- sioners specially named in the act for that purpose, and could only be issued by the treasurer in strict conformity to the stringent pro- visions of the act. The act contained provisions tending to guard against future misappropriations.
The news of the death of Queen Anne was received in the fall, and a dissolution of the Assembly of course ensued.
Writs were issued for election of delegates to a new Assembly, returnable May 3d, 1715. The delegates elected from Ulster County were Henry Beekman and Jacob Rutsen.
The house met on the 3d of May, 1715, and were addressed by
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the governor as usual. They passed several laws, among others one authorizing the repair of the county house and prison in Ulster County. The newly-elected house did not accord with the views of the governor in respect to the powers of the different branches of the Legislature, and they were prorogued on the 21st of July, 1715.
In August Governor Hunter received a new commission from George I., which of course superseded that of Queen Anne. He was therefore advised by the attorney-general that the Assembly was thereby dissolved. He then formally declared the Assembly dissolved. Writs for a new election were not issued until 1716, re- turnable June 5th. On that day the new Assembly met. The dele- gates from Ulster were Jacob Rutsen and Abraham Gaasbeek Chambers. A majority proved to be in harmony with the gov- ernor, and during the remainder of his administration there were no further radical differences between the executive and Assembly.
On the 24th of June, 1719, Governor Hunter announced his in- tention to go to Europe, to settle up some of his private matters and recruit his health. On the 21st of July, 1719, he set sail for Europe, and the chief command devolved on Peter Schuyler, who was the oldest member of the council. During his short adminis- tration there was no session of the Assembly, and nothing of special interest occurred to be noted except that he made a treaty with the Indians at Albany, confirming the ancient league.
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CHAPTER VIII.
FROM 1720, THE ARRIVAL OF WILLIAM BURNET AS GOVERNOR, TO 1753, THE ARRIVAL OF SIR DANVERS OSBORNE.
W ILLIAM BURNET, having been duly commissioned by the king as Governor of New York and New Jersey, arrived and took charge of the affairs of the province on the 17th of Sep- tember, 1720.
The preceding English governors had all been military men, and most of them well understood and gave practical proof of their knowledge how to govern for the promotion of their own interest and the enlargement of their private purse. Governor Burnet was a civilian, and governed satisfactorily to the people and with disin- terestedness. He early saw the importance of diverting the Ind- ian trade from Canada, and for that purpose established a trading post at Oswego. This, of course, was opposed by those who were pecuniarily interested in the circuitous trade through Montreal. The Legislature sustained the governor, and passed the necessary enactment., The English merchants who furnished the goods and the Albany traders who sold to the French, finding that their lucrative operations would be seriously interfered with, organized a powerful and bitter opposition. So long as it filled their pockets, they cared not what advantages the French, the enemies of their country, derived thereby in their influence over the Indians. It was a striking exhibit of the selfishness of human nature. They carried their opposition, with the grossest misrepresentations, to the throne for the repeal of the law. It was only through the most vigorous action of the friends, and a plain representation of facts, that they were defeated, and the trading house at Oswego estab- lished and properly officered.
In that year, 1722, a congress of governors from the different provinces met at Albany to confirm treaties and transact some other business with the Indian tribes. It was composed of gov- ernors of the provinces, some attending in person, others repre- sented by duly authorized commissioners. It was the second American congress, and, as has been said, " had its effect in leading to those Provincial and general congresses by which our Inde- pendence was achieved." It led the way, and taught the impor-
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tance of unity of action. This congress at Albany secured the friendship of the Iroquois, and the treaties with that people were renewed and confirmed.
The wisdom and beneficial effects of those treaties, and of the direct trade with the Indians at Oswego, became very soon tri- umphantly apparent. But the bitter hostility of those whose pecu- miary profits were injuriously affected thereby was continued, and unremittingly operated against the governor. Finally, in 1727, the opposition against the governor prevailed in the Assembly, and it was dissolved. About that time Governor Burnet was trans- ferred by the British Government to Massachusetts, and appointed its governor.
John Montgomerie succeeded Governor Burnet in the execu- tive chair, having been commissioned as Governor and Chancellor of New York by King George II. Montgomerie arrived in New York, and assumed his gubernatorial duties on the 15th of April, 1728. During his administration, which was very short, he died, on the 1st of July, 1731. Nothing of special importance occurred, except that the mercantile interest opposed to direct trade with the Indians, aided by French influence in the British court, secured the repeal of the Burnet law, under which it had been established. Thus was the interest of the public sacrificed and made to succumb to the pecuniary interest and miserly demand of a few traders, and to the advancement of French interests.
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