USA > New York > The history of the late province of New-York, from its discovery, to the appointment of Governor Colden, in 1762. Vol. II > Part 14
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
4
202
HISTORY OF NEW-YORK.
fection, by embezzling a great proportion of the presents raised to secure their friendship ; that he demanded subsistence and provisions for two Indian companies, under colonels and other officers of his appointing, when no such companies ever really existed; that he granted extravagant tracts of land, and exacted twelve pounds ten shillings for every thousand acres, in the remote parts of the colony, " besides reserving considerable shares in the grants to himself, by inserting fictitious names," to the discouragement of settlements, and the weakening of the northern frontiers, expensively and difficultly defended ; that he obstructed the course of justice, by letters to the judges and other officers of Dutchess county to delay proceedings, and to the sheriff not to execute process in causes merely civil, and by secreting an information filed by the attorney-gene- ral against a person presented by the grand jury for perjury, and afterwards making that very man an assistant judge of the court of common pleas, and a colonel of the militia of Westchester county, though informed by a member of the legislature ; that he openly sold offices, civil and military, and the reversions of some ; that he made frequent, long, and causeless prorogations, and suffered the duties for the support of government to expire ; that he " commissionated" ignorant and illiterate officers, some not able to write their names, and one to a colonelcy in a northern county, suspected of being attached to the French interest during the war, and misrepresented the dispute to their lordships, touching the limits of this and the province of New- Jersey ; and these they assert to be the true grounds
203
HISTORY OF NEW-YORK.
of the dissatisfaction during his administration. They alleged, that the charge of assuming the direction of the militia is absolutely false, and that for several of his last years he never mentioned the militia to the assembly.
On the great subject of the mode of support bills, the reader shall have their own words. "We further beg leave to assure your lordships, that as it is our duty and interest, so it is our hearty inclination, to do every thing we can conceive that may contribute to his majesty's service and the good of this colony, which we look upon as inseparably connected ; and therefore should have raised a provision for the sup- port of government, in the manner signified by that instruction, but that the raising a support of many years has, by long experience, been found to be much more hurtful to his majesty's interest, by giving perpetual occasion for disputes and conten- tions between governors and assemblies, than the method pursued for these sixteen or seventeen years last past. Had we indeed the happiness to be under his majesty's care and inspection, we should think it our duty to raise a support in the manner insisted upon in that instruction ; but, unhappily for us, that is not our good fortune : we are under governors appointed by his majesty, at a great distance from him and his immediate inspection, and who, as your lordships must be acquainted, having no inheritance in the province, very often consider the government as a post of profit, which they hold by an uncertain tenure ; and therefore, as it regards not them in what condition they leave the province upon their removal, instead of applying the moneys raised for
204
HISTORY OF NEW-YORK.
the necessities of government to the uses they were designed, have only been anxious to invent ways and means to convert as much as possible to their own private use and benefit. That this has been the case of most governors here, the assem- blies of this province have, by the many contentions which have subsisted on this head, been but too sensible of, to the great and manifest detriment of his majesty's service, and the good of this province ; which sufficiently convinces us, that it is not for the interest of his majesty and for the public good of this colony, to raise a support in any other manner than has been done for sixteen or seventeen years past, whatever it may be for the private interest of a governor."
They then accuse Mr. Clinton, and probably with the agent's* hint, of inattention to the Indians who were at New-York in June last, while the assembly were sitting at Jamaica ; and add, what does not appear in the journal, that the speaker, by letter to Mr. Clinton, on the order of the house, besought him to promise them a meeting at Albany, a distri- bution of presents, and a redress of grievances ; that he would make Hendrick, the chief sachem of the Mohawk's, a present, and that the house would provide for these expenses and the maintainance of
* In his letter of the 6th September, 1753, there is this clause ; " I cannot avoid acquainting you with the concern it gave me to read at the board of trade, the minutes of a late conference at New-York with seventeen Mohawk Indians, who went away not only expressing their dissatisfaction, but resentment. As their errand appears to me to have been principally about land, I am in hopes they had no authority to speak on public subjects, such as the hatchet and rod, and that they will be discountenanced therein by the Six Nations. I shall be anxious to know the success of the commissioners deputed to treat with them, being very sensible of the critical posture of affairs with respect to the Indians and others."
205
HISTORY OF NEW-YORK.
those Indians ; that the governor, nevertheless, dis- missed them without any thing ; and they were on the way on foot, with their baggage on their backs, when met by a gentleman from Albany, who, out of his own pocket, provided them a passage by water, and the house had reimbursed him, with thanks; and this they urged as a proof both of his neglect and contempt of the Indians.
As a vindication of themselves from the charge of remissness respecting Indian and other affairs, they add, that they had subjected the colony to a tax of above eighty-one thousand pounds, without deriving, as some other colonies had, any recom- pense from the crown. The whole concludes with their favourite expression of a readiness "to hazard their lives, fortunes, and all that is dear to them, against all the king's enemies whatsoever."
The transmission of the address to the king was entrusted to the lieutenant-governor, and a copy with the impeachment, enclosed by the speaker to Mr. Charles, on the 13th of December, the day after the session, in a letter containing the following passages :-
" As I hinted before, no bill for the application of money has passed either the council or governor, and I apprehend that none will pass, until there be a countermand of orders from your side of the water. We have, however, contrived to procure a remittance for you of two hundred pounds sterling which we hope will discharge your engagements. As to the Jersey affair, we think it his majesty's right to ascertain the limits of his colonies ; and if the stations once settled with you, we shall soon
206
HISTORY OF NEW-YORK.
agree about running the lines. We expect it will not be long before the colonies of Massachusetts bay and New-Hampshire will come upon the stage in the same respect. It seems highly necessary that his majesty should ascertain the boundaries of all his colonies, to prevent disputes among his sub- jects here, for we apprehend they will never agree among themselves." Again : "That party spirit which appeared among us during Mr. Clinton's administration, seems to be vanished, and there appears a great inclination to unanimity among all the branches of the legislature. You have herewith, the remaining parts of the minutes of our house in this present session, and the whole of last session. You have also herewith a representation from us, to be laid before the lords commissioners for trade and plantations. Your own discretion will indicate to you how you are to manage the affairs. We expect to hear from you as quick as possible. Take par- ticular notice of our address in our session at Jamaica, on Nassau island, where we press Mr. Clinton to meet the Indians at Albany." By one of the acts of this session, the importation and passing of counterfeit British halfpence, and the very pos- sessing them, was prohibited under severe penalties, power given to search for them, and all disputes respecting them trusted, under forty shillings, to the summary hearing and decision of one magistrate, and above that sum, to him and two freeholders of his choice. There was at this time an inundation of copper money, but it was not thought safe and expedient to venture a law against any but the adulterated coin. To bring it, however, into dis-
.
207
HISTORY. OF NEW-YORK.
credit, without giving umbrage to Great Britain, the house resolved, on the last day of this session, that they would proceed at their next to ascertain the value of halfpence and farthings. The mer- chants in the confederacy immediately gave their vote its effect, by subscribing an agreement not to receive or pay this species of money, but at fourteen copper halfpence to the shilling; and the practice prevailed universally, after one inconside- rable riot by the mob, in which the lieutenant-gover- nor assisted the magistrates in apprehending the chief rioters, who were punished for the ineffectual tumult they had raised in the capital. The policy of multiplying such summary tribunals, was ques- tioned by the zealous advocates of the old trial by jury ; and there were some who animadverted upon the lieutenant-governor's agency respecting this species of coin, as what would in Mr. Clinton have been represented worthy of reprehension from the crown .*
In the month of March, 1754, nearly six hundred pounds were raised, towards promoting a spirit of inquiry among the people, by a loan of the books to non-subscribers. The project was started at an evening convention of a few private friends : Messrs. Philip Livingston, William Alexander, (afterwards known by the title of the earl of Stirling,) Robert R. Livingston, William Livingston, John Morin Scott, and one other person. To engage all parties in
* It was not till this day, (12th December) that mortgages were subjected to a public registry for the prevention of frauds; but the act now passed, though a useful one, did not reach all the mischiefs intended to be prevented. In disputes concerning their property, the first registered is to be first paid.
208
HISTORY OF NEW-YORK.
the subscription, it was carried first to the lieute- nant-governor and the council. The trustees of the institution were annually eligible by the subscribers, and had the disposition of the contribution, with the appointment of the librarian and clerk. Every proprietor was to pay the yearly sum of ten shillings; and thus a foundation was laid for an institution ornamental to the metropolis, and of utility to the whole colony ; for the remote object of the pro- jectors was an incorporation by royal charter, and the, erection of an edifice, at some future day, for a museum and observatory, as well as a library. Hitherto it consisted of valuable books in our own language only, which were deposited in the town- hall, under the care of a librarian. The number, by the annual subscriptions, is at pesent considera- bly increased ; but governor Tryon lately gave the trustees a charter, which it wanted to invite to the donations necessary to accomplish the liberal aim of the promoters of the subscription, who found some obstacles at first from the low state of science, and the narrow views and jealousies of sectarian zeal.
About this time the continent was alarmed by the attempts of the French to erect forts on the Ohio. Virginia, as most immediately concerned, took the first measures for defence. Mr. Dinwiddie, their governor, resolved to fortify the pass of Mononga- hela, and called upon the sister colonies for aid. Circular letters arrived soon after from the ministry, requiring a congress at Albany, for treating with our Indian allies, and concerting a united plan to defeat the French aim of engrossing the interior
209
HISTORY OF NEW-YORK.
country, and, by a chain of forts, to restrict the British settlements to the sea-coasts, or at some distant day, to acquire the exclusive dominion of the continent. A design this of vast magnitude, but not difficult to accomplish, if France had at that day the sagacity to have preceded her fortifi- cations by the less suspicious transportation of a few thousand emigrants from her populous do- minions in Europe, to the rich and fertile banks of the lakes and rivers, of which, to our shame be it remembered, we had no knowledge, except by the books and maps of her missionaries and geo- graphers.
: These events had no ill aspect upon the resist- ance of the assembly to the scheme of an indefinite support ; and yet they met on the 9th of April, 1754, in ill temper, because they had no advices to flatter them with the hope of gratifying their revenge upon the late governor ; and while some conceived that manifestations of liberality and zeal, others were of opinion that testiness and parsimony, would be most likely to procure the wished-for success.
The lieutenant-governor very naturally adopted the sentiments of the first class, and bore with some impatience the contradictions of the other, which was inauspicious to that favour which he meant to cultivate with his superiors, and render consistent, if possible, with his popular dominion.
: The speech apprised them of the French designs; of the spirit of Virginia; of her request for aid in the common cause ; of the royal expectation, signi- fied by the earl of Holderness ; and demanded not VOL. II .-- 27
210
HISTORY OF NEW-YORK.
only supplies for transporting two of the indepen- dent companies to Virginia, fortifying the frontiers, strengthening Oswego, and treating with the six cantons, but that they should take a part in every expense conducive to the public utility.
The assembly admitted that the defence was a common concern; applauded the vigour of Virginia; but complained of the desolations of the last war, and the expenditure of eighty thousand pounds, for a part of which they were still in debt and under taxes, and of the burthen of erecting and support- ing their own fortifications in New-York, Albany, Fort Hunter, Schenectady, and Oswego; reminded him of their vote of credit at the last session, for one thousand pounds to our own Indians, and his expenses at the intended treaty; declared that they are able only to forward the two regular companies; and, after painting the designs of France in terms adapted to raise the popular resentment, they con- clude with applauding the energy and success of his half year's administration ; for which he thanked them, but with renewed importunities for the sup- plies, that they might the more effectually recom- mend the colony to the crown.
They then voted a thousand pounds to Virginia, four hundred and fifty-six pounds for an additional garrison at Oswego, and allowed for Indian presents and the expense of the treaty, eleven hundred and twenty pounds : they engaged to reimburse the necessary charge of repairing Oswego, and to bear their part in the erection of new forts on the frontiers for the common defence. But when he reminded them of their former resolution to repel
211
HISTORY OF NEW-YORK.
force by force, and that it had raised the expecta- tions of the crown, they evasively resolved, that it did not appear clear to them that any of the king's colonies were invaded; which drew from the lieu- tenant-governor a message to inform them that the French forts were erected in a country of the Eries, a nation extirpated by the confederate cantons, who, ยท by the treaty of Utrecht, are to be considered as the subjects of Great Britain; and he ventured a conjecture that the French forts were constructed within the limits of Pennsylvania .*
They could not, however, be induced to enlarge their contribution to Virginia ; and had already sent up the bill to raise the sums voted for supplies, without any regard to the thirty-ninth instruction. The council, perceiving that the sums were issuable by the treasurer upon the receipts, and not by warrants from the lieutenant-governor, with their consent, asked a conference, to which, as a money bill, the assembly could not consent.
In this exigency Mr. Delancey passed the bills that were ready, and prorogued the assembly till the next day; when, after artfully informing the whole province by a speech, that the council had
* Can there be a clearer proof of our infancy or negligence, than to find the legislature at a loss to adjust a geographical question respecting a country so near our old maratime settlements! And does it not reflect disgrace upon the whole nation, that no attempt has been since made to explore the exterior parts of the continent, at the public expense ? We have added nothing to the French discoveries by our conquest of Canada ; though it would have become so opulent a people to have penetrated the wilderness before this day, not only to determine its breadth and explore its wealth, but open new objects to the view of moral as well as natural philosophy. This has since been done by sir Alexander M'Kenzie, from Canada, and by Clarke and others, by the authority of the United States.
212
HISTORY OF NEW-YORK.
rejected their bill because they thought it their duty to insist on a conformity with the royal instructions, he declared his hopes that they would make the necessary provision in a manner that might lay the council under no difficulty, and urged both unani- mity and despatch.
To this they answer in an address, asserting that the delay was not chargeable upon them, their, bill being agreeably " to a method long pursued, settled with, and solemnly agreed to, by the late governor Clinton ;" but promise on " this pressing occasion, in pure regard to his majesty's service and the interest of the country, to endeavour to frame a bill in such a manner as may obviate the objections lately made."
And as an evidence of their concord with the lieutenant-governor, which they doubtless wished to have known, they now sent him a previous copy of the address, for he gave it an immediate written reply ; and proceeded, before the renovation of the bill of supplies, to vote the articles of which it was to consist, but left out the aid of one thousand pounds to Virginia.
Thus a door was opened for other messages and addresses, for expressing his and their zeal for the king's service ; for, on the 4th of May, he animadverted upon the resolves, and observed, that since they had lately voted the one thousand pounds as necessary, the omission of that bounty would now be disadvantageous to their reputation : and after holding up the council once more to the public, by repeating that they were moved by their attach- ment to the instruction in rejecting the late bill, he
213
HISTORY OF NEW-YORK.
beseeches them to reflect " how far a delay or disappointment of this service may be chargeable upon them."
The address of the same day, of which he again had a copy, now roundly asserts, what was only hinted at before, that the council, and not they, are answerable for the delay ; lamented that they could not gratify their inclinations consistently with the interests of their constituents ; denied their omis- sion to be a breach of their engagement, because they do not estimate their contribution to Virginia among the promised provisions, conceiving as they do, that they are not indispensably necessary : they sullenly conclude with a request that they may be dismissed, to go home to their families.
The governor had now an opportunity to argue upon the extent of their promise, which he did in another message of the same afternoon, and with some seeming resentment, and a menace of repre- senting their conduct to the king. But without waiting for the effect, as if it was calculated more to recommend himself to the king's ministers than to persuade them, who wanted some excuse to the people for complying with the instructions to serve him, immediately after that message, he passed the bills,* and broke up the session by a prorogation on the 4th of May.
One design of these altercations seems to have been, to give the lieutenant-governor a dominion over the council, the majority of whom were not in
* One under the title of " An act for the payment of several sums of money for the use and security of this colony ;" and another, "To prevent nuisances in the metropolis."
214
HISTORY OF NEW-YORK.
the interest of that party of which we had so long been a leader. Before the conference proposed on the bill lost by the prorogation, the lieutenant- governor, thinking the council might be influenced by the emergency, came in amongst them, and advised their yielding to the humour of the assembly. One of them shrewdly asked him, " What then will become of us?" He answered with a smile, "I will suspend you, according to the instruction, and then pass the bill, and restore you to your places." But what confounded the politician, was a proposal of Mr. Alexander and Mr. Smith, to escape the dilemma by lending the money which the bill was to raise, on a reliance upon the generosity of the public. He left them, saying that he would himself make the loan, if he did not succeed with the house. This prorogation gave place for originating a second bill, which passed into a law.
It was at this session that Mr. Delancey intimated his design of running a temporary line between this and the province of New-Jersey, asking the house to defray the expenses of it : nor is it a mean proof of his influence, that he in the same message requested a further sum for adjusting the partition with Massachusetts bay-not by the commissioners appointed by the late act, but of his own nomi- nating, with the advice of the council, who were to meet others from the Massachusetts bay at the intended congress at Albany.
Mr. Charles had, the 4th July, 1753, informed the speaker of the report of the board of trade against the Jersey "act ; that "their lordships demanded to know of the parties, whether they
215
HISTORY OF NEW-YORK.
had any proposals to offer for running the lines and ascertaining the boundaries, which their lordships said was necessary to be done, for the peace and quiet of both governments. On both sides it is offered to join in a commission from thence under the great seal. I have requested that they may be disinterested persons taken from the neighbouring colonies ; but the solicitor for the Jersey interest thinks this method will bring on a heavy expense. The matter lies over for further consideration. On the 23d of the same month, the agents of New- Jersey waited upon the lords commissioners for trade and plantations, and declared that, as Mr. Morris, to whom the conduct of the act for running the division line was committed, had his powers only from the proprietors of the eastern division of Jersey, he could not take upon himself to join in a commission for ascertaining the boundaries of the whole province. A declaration of this kind was no more than what might be expected from those who, having missed their principal aim, would be well content that this affair should sleep possibly another thirty-four years, till some favourable juncture should offer for reviving it. But I hope I shall be excused for offering, with all submission, my humble opinion that now is the time for pushing those proprietaries in their turn."
The reader, therefore, will perceive that the lieutenant-governor's message could neither dis- serve him with the ministry nor the house ; who, on the 25th of April, agreed with him in the expe- diency of temporary lines both with our eastern and western neighbours, and pledged their faith
216
HISTORY OF NEW-YORK.
for their proportion of the expense, without the least exception to his change of the commissioners in the ordinary exercise of the prerogative of the crown. '
But the late mock quarrel of the lieutenant- governor and the assembly, did not entirely elude the suspicion that the latter had made some con- descensions more to serve him than the colony : and whether it is to the same or some other motive, that the agent's letter to Mr. Jones, of the 30th of January, 1754, was long concealed from his fellow- members and the public eye, is left to the reader's conjecture. It was in this that he owned the receipt of their memorable impeachment of the late gover- nor, and ventured some hints unfavourable to the towering hopes of the party in power. "I have delivered in (says he) at the board of trade, your representation touching the thirty-ninth article of instructions to sir Danvers Osborn, and am very apprehensive that that matter will take up a long consideration, as it must come before the king in council, where, at the same time, it is not improbable that the representation of the board of trade, touch- ing the state of your colony, will likewise come under deliberation. I hope time will be given to the colony to answer the charge contained in the preamble of that instruction, which, it is said here, can be supported by facts taken from the public transactions of the general assembly. I also appre- hend that the board of trade will acquit Mr. Clinton with the instances of his mal-administration men- tioned in that representation, and that your house will be called upon to prove the assertions they have made. It will be proper to have the proofs
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.