USA > New York > The history of New York from its earliest settlement to the present time > Part 10
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
163
1732.] COSBY'S ARBITRARY CONDUCT.
pounds, but he lost from that time the confidence of the assembly.
Provision was made at the same session for the first free school established in New York. The bill for this purpose, drafted by Phillips, the speaker, and introduced by Delancey, occasioned no little merriment, from its preamble containing the singular declaration that, "the youth of this colony are found, by manifold experience, to be not inferior in their natural genius to the youth of any other country in the world."
Avaricious and arbitrary, Cosby was no sooner placed at ease in respect to a revenue, than, cast- ing off all restraint, he exhibited himself in his true colours. He suspended Van Dam and others from their seats in council without authority. He deprived Morris, the chief justice, of his office, which he bestowed upon the younger Delancey. Hle quarrelled with Alexander, the secretary of state, and with Smith, one of the leading lawyers in the province. When reminded of his illegal proceedings, he answered flippantly, "I have great interest in England." He took care, how- ever, to write to the Lords of Trade, defending his measures as necessary for the preservation of the king's prerogative; charging the assembly, and part of the council with being tainted with " Boston principles."
Finding remonstrances of no avail, the oppo- nents of the governor at length made known their
164
HISTORY OF NEW YORK. [1733.
political grievances through the columns of the public press. Prior to 1733, Bradford's New York Gazette was the only newspaper published in the province. As this was in the interest of the go- vernor, a new paper, called the Weekly Journal, was issued by John Peter Zenger, as the organ of the popular party. It soon became filled with articles in which the measures of the government were criticised with great severity. Among these, certain "low ballads" were charged by the chief justice to be libels. Not being able to ob- tain the concurrence of the assembly in a prose- cution of the printer, Cosby and his council, on the 2d of December, took upon themselves to order four of the journals to be publicly burned by the common hangman, and imprisoned Zenger, on the charge of publishing false and malicious libels.
The grand jury refusing to indict him, Brad- ley, the attorney-general, filed an information. Alexander and Smith, the counsel for Zenger, having excepted to the commissions of the judges on the ground of illegality, the court ordered their names to be struck from the roll of attor- neys.
At that period there were only three lawyers of distinguished legal reputation at the New York bar. Smith and Alexander were among those most prominent; the third, Murray, was a fast friend of the governor, and could not therefore
,
165
1733.7 LIBERTY OF THE PRESS VINDICATED.
be expected to risk the favour of the latter by acting as counsel for the prisoner. Under these circumstances, the friends of Zenger sent se- cretly to Philadelphia and engaged the services of Andrew Hamilton, a jurist of great learning and experience. When the trial came on, Ha- milton, admitting the fact of publication, boldly asserted that the matters charged were true, and therefore no libels. Being under no awe of the court, he ridiculed the decision of the judges, that a libel was the more dangerous for being true, and by wit, sarcasm, and invective, and by an eloquent appeal to the jury to protect, in the cause of the poor printer Zenger, the nobler cause of liberty, he so effectually diverted their minds from the question at issue, as to obtain for his client a verdict of acquittal.
The instant the decision was made known, the hall rang with triumphant shouts. The wrath of the judges, who threatened a commitment of the ringleaders, was met by a significant rejoin- der, and Hamilton was hurried from the court to partake of a splendid dinner prepared for his re- ception. He received from the corporation a goli box, enclosing the freedom of the city, and on his return to Philadelphia the next day, was escorted by a large concourse of people to his barge, which he entered under a salute of cannon. The other colonies also rejoiced at an issue which strengthened and encouraged the growth of li-
-----
166
HISTORY OF NEW YORK. [1736.
beral principles; but the contest proved in the end unfortunate to the "poor printer" Zenger. Elevated for a time into a bewildering notoriety, he launched out into an extravagant expenditure, and, neglecting his business, sank finally into poverty and neglect.
Setting at defiance all laws which interfered with his pleasure or rapacity, Cosby still pursued his arbitrary and unprincipled career. He con- tinued the assembly against their own petitions for a dissolution, and in direct opposition to the known wishes of the people. He increased the public discontent by insisting upon a re-survey of old grants and patents, and by infamously de- stroying important documents placed in his hands for inspection by the corporation of Albany. On the 10th of March, 1736, greatly to the relief of the province, he died suddenly. The rejoicings which followed this event had not subsided, when a bitter contest arose between Van Dam and Clarke, each of whom claimed the right to ad- minister the government. Their respective par- tisans took up the quarrel. Morris, the former chief justice, lately arrived from England, espoused the cause of Van Dam, and placed him- self at the head of the popular party. The feud had already risen to such a height, that Clarke had withdrawn into the fort, and called around him the military for his protection. Upon being asked for his advice in this state of affairs, Mor-
1
1737.] LIEUTENANT-GOVERNOR CLARKE. 167
ris replied significantly, "If you don't hang them, they will hang you." Fortunately, how- ever, the crisis was averted by the arrival of despatches on the 12th of October, which con- firmed Clarke in his authority, and which were followed shortly after by a commission advancing him to the rank of lieutenant-governor.
CHAPTER XIII.
Character of Lieutenant-governor Clarke-His policy-Con- duct of the provincial party-Their reply to his opening ad- dress-Extraordinary issue of paper money-Disfranchise- ment of the Jews-Snare laid for the popular leaders-Its success-Permanent revenue refused-Negro plot in New York-Terror of the citizens-Evidence of Mary Burton- The conspiracy doubted-Judicial murder of Ury-Arrival of Governor Clinton --- His quarrel with Chief Justice Delan- cey-Difficulties with the assembly-War between England and France-Activity of the French-Capture of Louisburg -- Settlements around Saratoga ravaged-Invasion of Cana- da projected-Assembling of the provincial levies-Boston menaced by a French fleet-Subsidence of the alarm -- Poli- tical feuds in New York-The village of Saratoga burned- Peace of Aix-la-chapelle.
ENGLISH by birth, though for a long time resident of the province, the new lieutenant- governor was no sooner fairly installed in office than he evinced a politic disposition to overlook past differences, and to disarm opposition by smooth words and a specious courtesy.
Owing his first minor appointment in the pro- vince to the court influence of an uncle, he had
-
168
HISTORY OF NEW YORK. [1737.
sedulously improved his opportunities until he had reached his present elevated position. Though labouring under the deficiencies of a limited edu- cation, he was a man of talent, and had made himself thoroughly conversant with the condition and affairs of the colony. Cunning rather than sagacious, cool and cautious yet active, he pre- ferred to win his way by address rather than by force, and while serving the crown with a reason- able degree of fidelity, seized every advantage which his station gave him to improve his own fortune. The first act of Governor Clarke was a popular one. He dissolved the old and convened a new assembly. This measure, as indicating & design to cast off his old political associates, was regarded with alarm by the old government party, while the provincials, hailing it as a triumph, easily secured a majority at the ensuing election. After a session of two days, during midsummer, they adjourned until the 23d of August, both parties anxiously watching the course of the go- vernor, and desirous of securing his support.
But however much the provincial party might have wished to obtain the countenance of their chief magistrate, they did not, when the assembly met in autumn, show any disposition to purchase it at the expense of the principles they had espoused.
Their reply to the opening address of the go- vernor rigorously defined the policy they intended
1737.]
ISSUE OF PAPER MONEY. 169
t
to pursue. In answer to the usual demand for appropriations for revenue, and other purposes, they said boldly : " You are not to expect that we will either raise sums unfit to be raised, or put what we shall raise into the power of a governor to misapply, if we can prevent it ; nor shall we make up any other deficiencies than what we con- ceive are fit and just to be paid, or continue that support or revenue we shall raise, for any longer time than one year; nor do we think it . conve- nient to do even that, until such laws are passed as we conceive necessary for the safety of the inhabitants of the colony, who have reposed a trust in us for that only purpose, and which we are sure you will think it reasonable we should act agreeably to; and by the grace of God we will endeavour not to deceive them." The ses- sion was prolonged for nearly four months, dur- ing which a grant of revenue for one year was passed, and a bill for holding triennial assemblies ; but the latter was soon after rejected in England.
But by far the most important act of the ses- sion was the passage of a bill authorizing an issue of paper money to the amount of forty-eight thousand three hundred and fifty pounds. Forty thousand of this was to be loaned to the respec- tive counties, in small sums, for twelve years, at five per cent .; while, to secure the signature of the governor, the remainder was ordered to be ap- plied to public uses.
15
170
HISTORY OF NEW YORK. [1737.
One other occurrence took place during the assembly of 1737, which strongly indicated the prejudices of the period. The seat of delegate for the city being contested by Van Horne, the son of a deceased member, against Phillips, the late speaker, the house ordered that neither should sit until the conduct of the sheriff had un- dergone an examination. The latter was speedily acquitted of having acted improperly, upon the testimony of the petitioner; but Smith, who, with Alexander, had been invited to resume his practice at the bar, acting as counsel for Van Horne, disputed the qualification of Jews as elect- ors, and after a brilliant speech, in which his ex- tensive theological learning was brought to bear upon the case with great effect, the assembly de- cided that Jews were not entitled to vote, and a law was passed soon after to disfranchise them. Though steering a middle course between the two great parties, Clarke had failed in obtaining a grant of revenue for a term of years; but he concealed his chagrin, expressed himself satisfied with the conduct of the delegates, and assented, with great apparent cheerfulness, to the bills which required his signature.
In the mean time, however, he was secretly ma- turing a stratagem to render the popular leaders odious in the eyes of their constituents. Affect- ing to regard them with great favour, he offered them places under the government, promising to
171
NEGRO PLOT.
1741.]
exert his influence with the council to secure their appointment, well knowing at the same time that the nominations would be rejected. The scheme, artfully laid, was completely successful. Morris, Johnson, and others, fell into the snare, and not only lost office, but were viewed with hatred and contempt by their former supporters. Confidence in the popular party being thus weak- ened, the elections of 1739 resulted in favour of the government.
But the new assembly, though importuned to do so, would not pass a grant of revenue for any longer term than one year, and this policy was for the future strictly adhered to. Thus, after a vehement struggle, which had lasted for thirty years, a great popular victory was consummated.
Fully restored to the confidence of his council, whose countenance was necessary to the success of his land speculations, Clarke continued to ad- minister the government, if not without occa- sional excitement, yet without provoking the opposition of succeeding assemblies beyond his power to allay.
In the year 1741, the city of New York, then numbering some twelve thousand inhabitants, was fearfully agitated by the pretended discovery of a negro plot. On the 18th of March, the cha- pel and buildings in the fort were consumed by fire, which was at first attributed to the careless- ness of a workman employed in repairing the
-
.
172
HISTORY OF NEW YORK. [1741.
gutters of the governor's residence. A report was spread shortly after that the fire was pre- meditated, and seven fires occurring in succession, amidst the general alarm suspicion soon ripened into certainty. Several slaves were accused of having a knowledge of the plot, and during their examination two other fires took place, from one of which a negro was discovered in the act of making a precipitate escape.
The evidence of Mary Burton confirmed the general impression of a conspiracy. This woman, an indented servant to one Hughson, the keeper of a low tavern to which negroes were in the ha- bit of resorting, testified that certain slaves, in her presence and in that of Hughson, his wife, and another woman, had consulted together to burn the city and massacre the whites. Impro- bable as her relation was, it was eagerly believed, and although in subsequent examinations she varied materially from her previous statements, the terrified citizens still persisted in giving cre- dence to her testimony. Twenty-one whites and one hundred and sixty slaves and free blacks were committed to prison. The whole summer was spent in prosecuting these unfortunate peo- ple. Rumours were magnified into facts, and the wildest assertions accepted for proofs. Thirteen negroes were burned at the stake; eighteen were hanged, and seventy transported. Hughson and one negro were gibbeted. The wife of Hughson,
173
EXECUTION OF URY.
1743.]
-
their woman-servant, and Ury, a nonjuring school- master, were also executed.
Condemned upon insufficient evidence, in the midst of a tumult of passion, fear, and prejudice, it has become a grave doubt whether any of the victims were really guilty of the crime for which they suffered an ignominious death.
The execution of Ury, who died asserting his innocence, was unquestionably a judicial murder. Ile was accused of covertly exercising the office of a Catholic priest-itself a capital offence in the province-and of urging on the plot by offers of absolution to the conspirators. He was convicted on both indictments, though neither of the charges were legally proved, and the last was rendered totally unworthy of credence by the character of the witnesses. How many more persons might have suffered from the combined effects of terror and religious intolerance, it is difficult now to say ; but when the woman Burton, the principal in- former, bewildered by the frequent examinations to which she had been subjected, began to extend her accusations to persons of spotless reputation, a reaction took place in the minds of the citizens, and all further convictions were stayed.
In the autumn of 1743, Governor Clarke was superseded by George Clinton, an admiral in the British navy, and uncle to the young Earl of Lincoln. Desirous of improving his fortune, and neither sensitive nor scrupulous, but easy and
15*
174
HISTORY OF NEW YORK. [1743.
good-humoured, the new governor, with the ex- ception of being retiring and unsocial, seemed well calculated to effect a good understanding with the assembly. Having taken Chief Justice Delancey into his confidence, the vast influence possessed by that arch-intriguer tended to pro- duce more harmonious action in the government than had been exhibited for many years. This calm was, however, but the prelude to a storm. Quarrelling with Delancey, the governor became estranged from his former confidant, and took Colden, a bitter opponent of the chief justice, into his favour instead.
The latter, placing himself at the head of opposition, and strong in having a majority of his relations and friends in the assembly, com- menced a series of violent and incessant attacks upon the executive, which lasted during the whole period that Clinton remained in the province.
In the mean time war had been declared between England and France. Acting with their accus- tomed promptness, a French expedition was im- mediately organized for a descent upon Nova Scotia. Fort Cansean was easily captured ; but Annapolis, formerly known as Port Royal, though twice invested by a mixed body of French and Indians, was fortunately saved by a timely rein- forcement of troops from Massachusetts.
Conscious that while the French held posses- sion of Louisburg, a strongly fortified post on the
21
175
CAPTURE OF CAPE BRETON.
1745.]
island of Cape Breton, the New England States would be subject to.constant annoyances from that quarter, Shirley, the governor of Massa- chusetts, proposed its reduction by the colonial troops alone, and called upon the other provinces to co-operate. The assembly of New York were at first inclined to render no assistance, but at the session of 1745, they reluctantly voted three thousand pounds toward the expenses of the ex- pedition, which they shortly after increased to five thousand. Clinton, ashamed of their luke- warmness in an affair of so much moment, for- warded to Shirley ten pieces of field ordnance, and a supply of provisions obtained by private subscription. The result justified the boldness of the enterprise. On the 17th of June, after a siege of forty-nine days, terms of capitulation were agreed upon, and the garrison, amounting to six hundred and fifty men, with thirteen hun- dred inhabitants of the town, capable of bearing arms, surrendered to the conquerors.
In the mean time, owing to the disputes exist- ing between Clinton and his assembly, the fron- tiers of New York lay open to incursions from the enemy. Burning to revenge the loss of Lou- isburg, a party of French and Indians were despatched from Crown Point, and entering the territory of Massachusetts, captured the fort at Hoosick, in Berkshire county. Penetrating thence to within forty miles of Albany, they surprised,
176
HISTORY OF NEW YORK. [1745.
during the night of the 16th of November, the set- tlements around Saratoga, massacred a number of the inhabitants, and carried others into captivity.
Smarting under these disasters, and inspirited by the conquest of Cape Breton, with its almost impregnable fortress, the old project for an in- vasion of Canada was revived. Many of the pro- vinces at once agreeing to furnish their respec- tive quotas, levies were promptly made as far south as Virginia. The New England troops were collected at Louisburg, in readiness to co-operate with a British fleet and army, while those from Connecticut, New York, and the provinces farther south, assembled at Albany. The chief command of the latter was given to Clinton. The British fleet failing to arrive, the New England levies were partially disbanded; but reluctant to give up wholly an enterprise for which such vast pre- parations had been made, fifteen hundred of the Massachusetts troops marched for Albany to form a junction with Clinton. They were speedily re- called by the unexpected appearance of a French fleet off the coast of Nova Scotia, commanded by the Duke D'Anville, and instead of advancing on Montreal, the levies at Albany returned to assist in the defence of their respective provinces. The French squadron consisted of forty ships of war, besides numerous transports, having on board four thousand regular troops. Boston being me- naced, an army of ten thousand men was collected
7
177
FEUD WITH THE ASSEMBLY.
1747.]
in the vicinity, and the fortifications on Castle Island were strengthened and extended. But the danger, imminent as it was, soon passed away. The French fleet, weakened by storms, by ship- wreck, and by sickness among the troops, was in no condition to undertake offensive operations. D'Anville died suddenly, and the second in com- mand committed suicide. Another storm off Cape Sable completely dispersed the remainder of the armament, and such of the ships as escaped the tempest returned singly to France.
The fierce feud existing between Clinton and the assembly still continued to rage as hotly as ever, and charges and countercharges were con- stantly being made, couched in language alike discr ble to both parties. The governor ac- cused the assembly of wilful neglect in securing the protection of the frontiers. The latter retorted by imputing the distressed condition of the pro- vince to fraud and mismanagement on the part of Clinton. In the midst of these violent agita- tions, which were prompted neither by patriot- ism nor integrity, the province suffered greatly. During the year 1747 Saratoga was a second time attacked by a party of French and Indians, the village burned to the ground, and the inha- bitants barbarously massacred. The peace of Aix-la-Chapelle, which took place the following year, at length brought these alarming incursions to a close.
.
178
HISTORY OF NEW YORK.
[1748.
t
CHAPTER XIV.
Treaty with the Six Nations-Shirley's conspiracy-Action of Clinton-His violent disputes with the assembly-Demands a permanent revenue-Their able reply-Clinton appeals to the English government-Movements of Shirley and Bel- cher-Walpole's bill to strengthen the king's prerogative -- Co- lonial protests-Its defeat in parliament-Cautious policy of New York-Dismissal of Colden-Clinton's letters to the Board of Trade-Taxation by parliament suggested-En- croachments of the French-Exploration of the Ohio valley -Attempt to restrict the limits of Acadia-Patent of the Ohio company-Trading house built at Brownsville-Indian council at Albany-Duquesne descends into the valley of the Ohio-Alarm of the western Indians-Instructions from Eng- land-Sir Danvers Osborne appointed governor of New York -His character, conduct, and death.
IN July, 1748, three months previous to the final ratification of the treaty, Clinton, accompa- nied by his chief adviser, Colden, attended a convention of delegates from the Six Nations, at which Shirley, the governor, and Hutchinson and Oliver, commissioners of Massachusetts, were by previous concert also present. The conference terminated satisfactorily, the Iroquois and their allies agreeing neither to send deputies into Ca- nada, nor to allow any French emissaries within their territory.
Soon after the convention was dissolved, Shir- ley arranged with Clinton a secret scheme for shaking off the dependence of the provincial go-
179
DISPUTES CONTINUED.
1748.]
vernors upon their respective assemblies, by forc- ing them to grant permanent salaries and a re- venue at the disposal of the crown; or, failing in that, to foment existing disputes to such a height as to compel the British parliament to interfere. The project thus secretly formed was vigorously pressed by Clinton. When the assembly met in October, 1748, he demanded a revenue for five years, and the annexation of fixed salaries to the offices in the gift of the crown, but not to the officials by name. He defended his ac- ceptance of annual grants previously, on the ground of the existing war, and his desire to promote harmony ; but that now the time was come to resist the innovations which had weak- ened the king's prerogative.
The assembly, in reply, refused to grant a sup- port for any longer term than one year, or to make any change in the method of voting sala- ries. Their address, coarse and bold, closed with a vituperation of Colden, who was characterized as "mean and despicable," and a censure of Clin- ton for admitting him into his confidence. Charg- ing them in return with a violation of decency, the governor refused to receive the address, of which a copy had been sent him for perusal. The assembly then appealed through the newspapers to the people, for which they were pointedly re- buked by Clinton, who threatened to send their address to the king.
180
HISTORY OF NEW YORK. [1749.
At the session of 1749 the dispute was renewed. A permanent revenue was again insisted upon, and a positive answer required of the assembly whether they would or would not, grant it agree- ably to the royal instructions. The response was, that " the faithful representatives of the people can never recede from the method. of an annual support." Clinton now shifted his ground, and claimed the right to disburse the moneys voted for public purposes, on the plea that, under the En- glish constitution, the powers to grant and to dis- tribute were vested in different branches of the government. Admitting that such was indeed the usage in England, the assembly denied that it ought to be made applicable to the provinces. "In the one case," they said, " the disposition of the sums raised was intrusted to the king, who was supposed to have an interest in the welfare of his subjects, and whose officers in that country were amenable to justice. With provincial go- vernors the case was different. They were gene- rally strangers, who, holding no land in the co- lonies over which they were appointed to rule, seldom regarded the welfare of the people. Un- certain how long they would be permitted to retain their offices, they were eager to seize every opportunity of improving their fortunes, and would never want pretexts for misapplication if they had the disposition of the money. This they could do with impunity, as the people, thus plun-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.