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 18
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* On the 15th of this very month of August, Mr. Charles complained that no copy of the Albany plan of last year had even then been transmitted to him. The answer to this letter, of 4th November, perhaps assigns the reason. "The plan of union concerted at Albany, and sent home last year to be enforced by Parliament, we might object to ; but a union appears so absolutely necessary, that we shall throw no obstacles in its way. As to the funds you hint at for American affairs, to wit, a stamp duty, and a duty on foreign molasses, we conceive it will be best for each colony to be left at liberty for raising and sup- plying their quota of money for general service, in such manner as they shall find will be most for their ease, though we have no objection to a duty of a penny sterling per gallon on foreign molasses, to be collected in each province, and applied towards making up the quota of each province, where collected for the general use of America; but a stamp duty we apprehend would be burdensome."
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doubtless imagines, to increase their levies in the same or a greater proportion ; but let us take his own words :- " I do most earnestly recommend it to you to take measures suitable to this occasion. It would be a most sensible mortification to me to find this province backward in bearing their share in a matter so nearly touching their honour, their inte- rests, and perhaps their being. This province has already done much for their security, and contributed their full quota to the first plan of the expedition. Go on, then, to accomplish a work already begun. Exert yourselves so as that we may appear with credit, and that we may, by the blessing of God, have reason to expect a happy issue to our under- takings in so just and righteous a cause."
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CHAPTER V.
FROM THE TIME OF LIEUTENANT-GOVERNOR DELAN- CEY'S CEASING TO ADMINISTER THE GOVERNMENT, TO THE ARRIVAL OF SIR CHARLES HARDY AS GO- VERNOR.
SIR CHARLES HARDY arrived on the second of September, in the Sphynx ship of war, within a few hours after this message was transmitted to the house ; but by the artifice of Delancey, he was detained on board till the next day,* when his commission was published with the usual solemni- ties, and followed by an entertainment, bonfires, illuminations, and other expressions of joy.
Sir Charles, whether self-moved, or led by the advice of the lieutenant-governor, who had him to himself the whole preceding evening on board ship,
* The council were met to receive him, when Chief Justice Delancey obtruded and offered to be the bearer of a message to the governor, that the militia could not be drawn up to receive him till the next day, and requesting that he would postpone his landing in the interim. They tamely consented, instead of reproving him for the intrusion.
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apart from the council, repressed all disagreeable intimations for the present ; and, on the fourth, sent a short message to the house, which, to those who were attentive to the artifices of the day, portended, what was soon after manifest to every body, that he had not talents to govern without a leader. He applauded Mr. Delancey's last message, though he certainly had not time to discern its true end ; ap- plauded their alacrity in raising supplies ; and in a word, after the declaration of his hopes that they would give some further assistance, concluded with a compliment to the lieutenant-governor, leaving them to proceed upon his request.
The house, however, resolved, that it was too late in the season to raise men for the assistance of the Crown Point army, but that they would give eight thousand pounds towards two thousand men then in part levied in Connecticut for that purpose ; and immediately ordered in a bill to strike money to that amount ; and then presented the new governor with an address, congratulating him upon his arrival; gently informing him of the custom of new elections at such a juncture ; declaring their satisfaction in a dissolution, if he thought it consistent with the king's interest and the security of the colony ; apologizing at the same time for the tardiness of their compliments, by the importance of their busi- ness, and an attention to necessary speed ; and con- cluding with a testimonial of the upright intentions of his predecessor.
Sir Charles, though he had Mr. Pownal then about him, and from whom he could be well informed of the state of our parties, and had himself been
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guarded by an address communicated under cover, the day after his arrival, by the free pen of an anony- mous writer, who had maintained a weekly paper for a year past, under the title of "The Watch-Tower;" thanked them for their congratulation ; expressed his pleasure in their professions of loyalty; promised an attention to the public weal; took encourage- ment from their applause of a governor who regarded the king's service and the prosperity of the colony ; thought their willingness to appeal to the people a proof of their consciousness of their own rectitude, and applauded their despatch in the business before them.
On the 11th of that month, the governor passed the bill for eight thousand pounds to Connecticut, with another, which also originated in the lower house, and three others which took their rise in the council ; and then put an end to the session.
Nothing was known, till the day after, of the attack upon the provincial camp at lake George, and the repulse of the French, and the capture of Baron Dierhau their general. Upon the first news of that action, which happened on Monday, the 8th of September, sir Charles determined to visit Albany, and forward the Connecticut reinforce- ments. He took with him the lieutenant-governor, Mr. Horsmanden, and major Rutherford, of the council, with Mr. Pownal, and sailed on Sunday the 14th. Gen. Johnson, who left Albany with the artillery on the 8th of August, had arrived at the south end of lake George but a few days before the French army appeared, and had only felled a few trees on the land side of his camp.
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The Baron had collected about three thousand men at Crown Point, and led a detachment of two hundred regulars, six hundred Canadians, and as many Indians, up the South Bay, intending to pass on and lay waste the settlements down to Albany; but near fort Edward, turned back with hopes of cutting off that part of the army then fourteen miles higher up the lake. He was first met by a party of about one thousand men, a few miles from our camp. These he drove before him, as well as a second detachment sent out to support them; and by a very great error, instead of storming the log breastwork, he halted, and scattered his irregulars at one hundred and fifty yards, kept up a fire of musquetry till the camp recovered from its surprise, and began to play upon them with artillery.
Wounded and deserted by all but his handful of regulars, he thought of nothing now but returning to his boats at South Bay, but was pursued, wounded again, and taken. A detachment of two hundred men from fort Edward arriving at this instant, pur- sued the flying army, and completed the repulse before the dusk of the evening. Sir William John- son receiving very early a wound in the thigh, the defence was conducted by general Lyman of Con- necticut. The loss of the enemy, though much magnified at that time, was afterwards found to be less than two hundred men. Our Indians bore no part in the conflict, and soon after made the circuit of Albany, in their return to their own castles on the Mohawk river. All the Crown Point expedition ended in was the construction of another fort distin- guished by the name of William Henry, while the
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French were erecting one at the pass of Carillon, or Ticonderoga .*
The Niagara expedition was still more unsuccess- ful. Nothing was effected except the preservation of Oswego, where general Shirley arrived on the 21st of August. After building the vessels, the want of provisions at that distant port retarded the army till the inland sea of Ontario, which they were to navigate, became too boisterous for a safe trans- portation of the troops; and the general, having constructed a new fort, and made dispositions for the safety of that post, retired on the 24th of October, taking his route to Albany, where colonel Dunbar had just brought the remains of Braddock's army to be wintered,t and thence to New-York, to a congress of governors and principal officers of the army, to concert a plan of operations for the ensuing year.
The night of Tuesday the 18th of November, was rendered memorable by an earthquake. The moon was at the full, the sky bright and perfectly calm. About two minutes after four in the morning, a rumbling noise was succeeded by jarring vibrations for four or five minutes. The shocks appeared to be not undulatory, but horizontal. The house the author was in cracked, and the windows rattled, but no fissure was made in the walls, nor did a brick fall from the chimneys.
* The Indian word is descriptive of a point at the confluence of three waters. Ticon is a corruption. To preserve the Indian pronunciation, it should have written Tjeonderoge.
\ 1 They passed by the metropolis in thirty-three transports from New-Jersey, but not before the 8th of October.
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The speaker's, or rather the committee's, letter of November 4th, under his signature, to the agent, after mentioning general Johnson's army, observed, that "they had got no farther than lake George, and I greatly fear will not reach Crown Point this win- ter. The French, it seems, impatient of our delay, met our forces at that lake on the 8th of September, and endeavoured to storm their camp, but were repulsed with considerable loss. Their chief com- mander with many others were taken prisoners, and their next, with six or seven hundred men, were killed upon the spot. Why this victory was not pursued, and a proper advantage made of it, I can- not as yet account for." After reporting that the second in command was at the defeat of Braddock, he adds :- " Surprising diligence on that side ! but what term to give it on the other, I am at a loss. As to governor Shirley, he is returning without proceeding further than Oswego. What retarded his operations, I cannot yet learn. Sir Charles Hardy, our governor, arrived here on the second of September, and was joyfully received by our lieu- tenant-governor and our province. On the first news of the action at lake George, he immediately went to Albany, with our lieutenant-governor, and several of his majesty's council of this province ; from whence he is not yet returned, though hourly expected, and where it is said he has been remark- ably assiduous in forwarding every thing relating to the expedition. We as yet know nothing of his instructions."
Sir Charles did not return to New-York before the 26th of November, nor general Shirley until
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the 2d of December ; the former on that day to meet his assembly, and the latter, shortly afterwards, the congress he had convoked.
Sir Charles was now obliged to reveal the dis- agreeable orders he had received, upon the long contested quarrel respecting the annual support of the civil list. The moment it was divulged, there remained no further doubt of the truth of the re- ports from Albany, that there had been bickerings between him and general Shirley, and that Mr. Delancey swayed the councils of the new governor. With an assembly at the beck of the lieutenant- governor he saw the propriety of surrendering himself into his hands, or of entering into a quarrel, which, considering the exigency of the hour, endan- gered both his credit and his interest.
He told them plainly that he was commanded to insist upon a permanent, indefinite revenue, provid- ing in the same law, competent salaries for all the usual officers of government, repairing and main- taining fortifications, annual presents to the Indians, and for unforeseen contingents attending that ser- vice, and in general for all the fixed and ascertainable charges of government : after which he demanded their quota towards the garrisons of forts Edward and William Henry, and for a discharge of the arrears that were due to the troops in their pay.
The scheme concerted was to tack the provision wanted with the payment, not only of what was due to the army, but to the officers of government, who, in consequence of the thirty-ninth instruction, were hitherto unpaid, and thus to create a still greater dependence of the executive upon the pleasure of
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the assembly, who now meant to adopt the practice of paying the officers after the year, as public creditors, instead of securing the payment for services hereafter to be done.
The assembly, in their answer, declare that his activity in proceeding to Albany, and forwarding the Crown Point expedition, merited the highest ap- plause ; and that the erecting and garrisoning the two northern forts, (for not a word is lisped concern- ing Oswego,) were "wholesome and well-judged measures." After which they proceed to the grand subject of debate, and warily reply, that they had no convenient funds for an indefinite support, and therefore hoped to be excused for declining a mea- sure opposite to the sentiments of almost every individual of the colony. They added, that they could not help disclosing their concern, that a province so small in numbers, and so cheerful and liberal in supporting the government, was asked to do what others were not; and concluded with testifying great gratitude to the crown for its eminent favours.
The governor replied, that "his majesty having constituted this his province into a government, justly expected a support of that government by a permanent revenue, settled by a law, that shall be indefinite ; and as to the funds or means of raising that support, it lies with you, whom I am extremely happy to find sensible of, and so gratefully acknow- ledging, his majesty's paternal care and favour."
The house continued sitting until the 23d of that month ; and then, after passing several laws, ad- journed, without discord, till the holidays were over.
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The assembly sought no occasion for controversy, while the governor on his part soothed them with hints of his disapprobation of the orders he had delivered from his master, and with intimations of his unwillingness to take umbrage at their non- compliance.
By this conduct, and the help of the prevailing party, he grew popular, while the general of the army, by the acts of the same junto, was defamed.
Mr. Shirley continued his head-quarters at New- York till the 21st of January, when he set forward to Boston, to accelerate a winter expedition against Ticonderoga, which he had planned after his main scheme for the operations of the next campaign was adjusted ; and major Rutherford and captain Staats Morris were despatched with copies of it to the minister.
This congress opened on the 12th of December, and consisted of the general, sir Charles Hardy, lieutenant-governor Sharp, of Maryland, Mr. Morris of Pennsylvania, Mr. Fitch of Connecticut, colonel Dunbar, colonel Peter Schuyler, major Craven, sir John St. Clair, and major Rutherford.
It soon transpired, that the general intended to drive the French from Frontenac and Toronto, two forts on the north side of lake Ontario, gain a do- minion of that sea, and cut off the communication between Canada and the interior dependencies at Niagaria, Fort Du Quesne, Detroit, Michillimacki- nac, and the posts on the waters of the Mississippi. By whom the resolutions of the council of war were first divulged, was never discovered ; but very soon after the governors were gone home, one Evans, the
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author of a map of the middle colonies, in print asserted the title of France to the very country proposed to be invaded ; and every body knew that this man was patronized by Mr. Pownal and the partizans of Mr. Delancey. These gentlemen, as lieutenant-governors, the former of New-Jersey, and the other of New-York, were piqued at not being able to assist at the grand deliberations of the day, and took all opportunities to revenge the general's resentment of their intrigues, by sowing discord, while at Albany, between him and sir Charles Hardy, by undervaluing his services on the western expedition, and by magnifying general Johnson's defence at lake George, of which they had before spoken slightly, as the achievement of a hero and the saviour of his country. And thus the man who, when first noticed by Mr. Clinton, was treated with contempt for adhering to that governor, could not obtain the payment of a just debt often demanded from the assembly, was of a sudden introduced into the capital with the pomp of a triumph. A crowd went out to meet him when he made his entry, surrounded with coaches and chariots, into a city illuminated to his honour, though the general, whose interest he came to solicit for the next year's command, had a few days before arrived from Albany, and landed almost without observation.
Before Mr. Shirley left New-York, he proposed a winter expedition to surprize and seize the post of Ticonderoga, and sir Charles communicated the secret to his assembly on the 10th of January, 1756, and besought them for their contributions. The house, after three days, declared it to be a
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hopeless project, unless the general would, instead of two, send four hundred regulars along with the provincial troops, and muttered their discontent at the proportion to be supplied by the Massachusetts bay. The general, through sir Charles, informed them that all the troops under colonel Dunbar and lieutenant-colonel Gage, amounted to but six hundred, and that so many as they wished for could not be spared, without reversing the plan just settled in the general congress for the ensuing campaign. The assembly adhered to their first opinion ; and the general, a few days after, proceeded to Boston, in order to excite the eastern colonies to prosecute the enterprise without the aid of New-York, and to forward the preparations for the general services of the year.
Pownal returned to England soon after Mr. Shirley went to Boston, and sir Charles was now left alone.
Before the governor arrived it was reported by Pownal, and believed, because his brother was secretary to the board of trade, and a necessary instrument to the earl of Halifax, who presided there, that a new commission, durante bene placeso, would be sent out to the Chief Justice, that he might, if he took it up, henceforth be en bride. Being at Albany in October term, the multitude remained in suspense concerning the part he was tó act, till the next court in January was opened.
Mr. Delancey, from the death of sir Danvers Osborn, asserted his title in all companies, nor did he omit his attendances at any of the jovial feasts and conventions of the profession of the law. His
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partisans at the bar had tested the writs in his name to countenance his pretensions, while others inserted the names of the puisne judges, without his, and some those of all three. The puisne judges uttered publicly not a syllable upon the subject, though they held their places during good behaviour, through dread of his power over the assembly, by whom they were supported, though they had privately declared that his commission was extinct. They waited to see what part the governor meant to take, imagining he would offer Mr. Delancey a new commission, and if he did not, meant to be silent-judging then he must have resigned himself to the demagogues, for the easier management of the assembly.
The court opened during the moment of suspense on the 20th of January ; and the hall being much crowded, the lieutenant-governor made his appear- ance, struggling through the populace to advance towards the bench. As the sheriff's officers called upon the crowd to give way, he stepped forward, with a countenance of anxiety and confusion, until Chambers and Horsmanden, the puisne judges, took him by the hand with a cringing courtesy, and placed him between them on the bench, where he continued till two prisoners, one charged for a murder and the other for a theft, were arraigned and taken from the bar. His dominion over the gover- nor was no longer doubted by most men, though it was still whispered by a few, that sir Charles took this conduct for a bold attack upon the prerogative: but this continued only until the 4th of February.
That day was appointed for arguing a demurrer to a bill of chancery before the governor. The
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author was one of the counsel in that cause, and they waited long for the chancellor's appearance, not suspecting that the perturbation of his mind was the cause of his absence. While the suitors were left below, they were invited into his private apartment, and a conversation ensued, of which the author made a minute, and he therefore transcribed it as being too characteristic of sir Charles to be omitted.
Addressing himself to the counsel on both sides, Mr. Murray, Mr. Smith, Mr. Nicoll, and the author, he said, " I beg pardon for detaining you gentlemen. Does this matter turn upon a point of law ?
Answer. It is a demurrer to a bill, and raises the question, whether the complainant's relief is not to be at common law ?
Sir Charles. I desired the chief justice to be here, and he is not come. I can't take upon myself to say I understand the law.
Mr. Smith. Few governors will; but it is a branch of your office, sir Charles.
Sir Charles. I have been justice of the peace in England, but know nothing of the law. My know- ledge, gentlemen, relates to the sea: that is my sphere. If you want to know when the wind and tide suit for going down to Sandy Hook, I can tell you that. How can a captain of a ship know any thing of your demurrers in law ? . J
Mr. Smith. A master of the rolls is wanting, with an appeal to the governor and council.
Sir Charles. I think so too; but will the assem- bly support one ? May I expect success if I try it ?
Mr. Murray. They don't love to part with money;
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and all agree that he could not flatter himself with any liberal provision for a new officer.
Sir Charles. Can't you settle this matter, gen- tlemen, among yourselves ? I am sure you can, better than I can for you.
Mr. Smith. No, sir; we are at variance, and must be determined by your opinion.
Sir Charles. Can't you leave it to arbitration ?
All. Not without the consent of our clients, and that we can't advise."
Mr. Delancey came in, to the great joy of the governor, and the morning being spent, it was pro- posed to adjourn the hearing to another day. At parting, sir Charles said, " I beseech you, gentle- men, to bring these kind of questions before me as seldom as possible. If you ever dispute about a fact, I can search the depositions, and perhaps tell who has the best of it ; but I know nothing of your points of law." The cause was afterwards debated, and a decree pronounced by Mr. Delancey, who dictated the entry to the register. The governor, who awkwardly sat by, interfered only to pronounce an "Amen."
The assembly now instituted two bills for the support of government, one to discharge the arrears of the officers, tacking sums for other services, and another providing for the ensuing year. By the former, Mr. Delancey was to receive three thousand seven hundred and eighty-seven pounds sixteen shillings ; his brother Oliver, about four hundred pounds ; the agent, nine hundred and fifty-four pounds seventeen shillings ; the judges their arrears for two years; and the governor, five hundred pounds
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for his voyage to Albany, and two hundred pounds more under the name of expenses in transporting presents to, and victualling the Indians at that place; , and the latter was to operate as a confirmation of his title to the chief justice's commission, by a salary for the current year. This last was sent to the council on the 30th of January, and the former followed five days after it.
Possessed of these bills, the council rejected a favourite five pound act ; and the very next day, the assembly played off their old artillery against Mr. Kennedy, by a message to the governor against the seizure of the gunpowder disputed and still unde- cided in the admiralty, and desiring him to complain of that as an injury to the colony, in a representation to the board of trade. The council, who were stimulated to the rejected bill, desired to know the state of one of theirs, to prevent supplies of pro- visions and warlike stores to the French ; and were answered that conceiving it to be impracticable to execute it, they declined any further proceedings upon it .*
Before the debt bill and that for the annual sup- port went up, the governor had requested the levy of one thousand men for the Crown Point expedition,
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