USA > New York > The natural, statistical, and civil history of the state of New-York, v. 3 > Part 21
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never lewing a fort possessed by an enemy, in the rear, it was resolved to attack the party in the house.
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In the mean time, General Greene got up with his column, and attacked the right wing. Colonel Matthews routed a party of the British opposed to him, killed several, and took one hundred and ten prisoners, but from the darkness of the day, lost sight of the brigade to which he belonged, and having separated from it, was made prisoner with his whole regiment, and the prisoners whom he had previously taken, were released. A number of the troops in Greene's division, were stopped by the halt of the party before Chew's house. Near one-half of the American army remained, for some time, at that place, inac- tive. Mean while General Grey led on three battalions, and attached with vigour, when a sharp contest ensued. Two Bri- tish regiments attacked at the same time, on the opposite side of the town. General Grant moved up to the aid of those who were engaged with Greene.
The morning was extremely foggy. This, by concealing the true situation of the parties, occasioned mistakes, and made so much caution necessary, as to give the British time to recover from the effects of their first surprise. From these causes, the early promising appearances on the part of the assailants, were spredily reversed., The Americans left the field hastily, and all efforts to rally them were ineffectual. Lord Cornwallis arrived with a party of horse, and joined in the pursuit. The loss of the royal army, including prisoners, was about five hundred. The loss of the Americans, including four hundred prisoners, was about one thousand.
Soon after this battle, the British left Germantown, and turned their principal attention towards opening a communica- tion between their army and shipping.
Much industry and ingenuity had been exerted by the Ameri- cans for the security of Philadelphia, on the water side. Thir- teen galleys, two floating batteries, two zebeques, one brig and one ship, besides a number of armed boats, fire ships and rafts, were constructed or employed for this purpose. They had also built a fort on Mud Island. This island is admirably
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situated for the erection of works, to annoy shipping in their way up the Delaware. It lies near the middle of the river, and about seven miles below Philadelphia. No vessel of burthen can come up but by the main channel, which passes close by the island. Opposite to Mud Island, there is a height called Red Bank ; this overlooks the river; on this height a battery was erected. Two ranges of chevaux-de-trise were sunk into the channel, about three hundred yards below the fort on Mud Island. The only open passage left, was close to the fort, and that was secured by a strong boom. Another fortification was erected on a high bank, on the New-Jersey side of the shore ; and opposite to this, another range of chev- aux-de-frise was deposited, leaving only a narrow and shoal channel on the one side.
The British were well apprised that without the command of the river, their possession of Philadelphia would be of no ad- vantage. Lord Howe had early taken effectual measures for conducting the fleet and transports round from the Chesapeake to the Delaware, and drew them up on the Pennsylvania side of the shore, from Reedy Island to Newcastle.
Early in October, a detachment from the British army cross- ed the Delaware, with a view of dislodging the Americans from Billingsport. On their approach the place was evacuated. Batteries soon after were erected on the Pennsylvania side, to assist in dislodging the Americans from Mud.Bank. At the same time Count Donop, with two thousand men, having cross- ed into New-Jersey, marched down on the eastern side of the river, to attack the redoubt at Red Bank, which was defended by four hundred men under Colonel Greene. The attack immediately commenced by a smart cannonade, under cover of which Count Donop advanced to the redoubt. The garrison kept up a severe fire on the assailants, by which they were compelled to retire with the loss of their commander, and four ' hundred men. An attack made about the same time on Mud Island, by men-of-war and frigates, was equally unsuccessful. The Augusta, of sixty four guns, and the Martin, got aground. The former was fired and blew up ; the latter was abandoned.
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Though the first attempt for opening the navigation of the Delaware was unsuccessful,. the British carried their point in: another way that was unexpected.
The chevaux-de-frise having been sunk some time, the cur- rent of the water was diverted in new channels ; in consequence thereof, the passage between the islands and the Pennsylvania shore, was so deepened, as to admit vessels of considerable bur- den. Through this passage, the Vigilant, mounted with twen- ty-four-pounders, made her way to a position from which she was enabled to enfilade the works on Mud Island. This gave the British such an advantage, that the island was no longer tenable. Colonel Smith, the commander of the fort, was wounded, and within five days after, Major Thayer, his suc- cessor, was obliged to evacuate it.
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The troops who had so bravely defended Mud Island, made a safe retreat to Red Bank. Within three days after Mud Island was evacuated-the garrison was also withdrawn from Red Bank, on the approach of Lord Cornwallis. Thus the British gained a free communication between their army and shipping. They had been previously obliged to draw their provisions from Chester, a distance of sixteen miles, at some risk. The protracted defence of the Delaware, in a measure, deranged the plans of the British, for the remainder of the campaign in this quarter.
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General Howe anticipating that the Americans would attempt to retake Ked Bank in the Delaware, below Philadelphia, . ordered it to be evacuated.
On the night of the fourth of December, Sir William Howe marched out of Philadelphia with his army, and encamped on Chestnut Hill, in front of the right wing of the American army, under Washington. A slight skirmish ensued between the Pennsylvania militia under General Irvine, and the advance of the enemy, in which that general was wounded, and taken prisoner, and the militia, with very little other loss, were dis- persed.
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The enemy, in the course of the night, changed their ground, and moving to the right, took post within a mile of the Ameri-
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can left. A general engagement was now believed certain. Washington ordered General Gist, with the' Maryland militia, and Colonel Morgan, with his riflemen, to attack their flank and advanced parties. A sharp action ensued, in which Gist and Morgan were compelled to fall back. General Howe shortly after returned to Philadelphia.
The season was now becoming extremely severe, and it was impossible, with an army not half clothed, and with a very ina- dequate supply of blankets, any longer to keep the field in tents. It was absolutely necessary to put the army in winter quarters. To this end Washington decamped, and marched to Valley Forge, on the west side of the Schuylkill, twenty-five miles from Philadelphia, and encamped. This position was strong and commanding. The army immediately set about building huts and constructing fortifications ; the one for their con- venience, and the other for their defence.
Washington, in general orders, expressed to the troops his approbation of their past conduct, presented them with an encouraging state of the future prospects of their country, exhorted them to bear with fortitude, hardships, and endea- voured to induce them to believe, that they were indispensible for the public good.
The winter set in with great severity, and the sufferings of the army were extreme. These sufferings were somewhat mi- tigated, after the erection of the log huts.
Washington, in the mean while, laboured to cut off all com- munication between the enemy and the country. His com- manding position, in a measure, enabled him to accomplish this. General Smallwood, with one division, was detached to Wil- mington, to guard that part of the Delaware ; Colonel Mor- gan, with his corps of riflemen, was sent to the lines on the west side of the Schuylkill; and General Armstrong, with the Pennsylvania militia, was ordered near the Old Camp at White Marsh. These prevented the people from carrying provisions into Philadelphia. To aid in these duties, Major Jameson, with two troops of horse, was directed to guard the east, and Captain Lee with one, the west side of the Schuy !-
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kill. Count Pulaski, with the residue of the cavalry, was com- manded to repair to Trenton in New-Jersey, and there to act according to circumstances.
While Washington was making these dispositions, in order to straiten the enemy in his quarters, he caused a bridge to be constructed over the Schuylkill, to facilitate ulterior opera- tions. In the course of December, several combats ensued, between small parties of the respective armies.
. See Marshall's Life of Washington, Williams' History of Vermont, Wil- kinson's Memoirs, and Ramsey's History of the Revolution.
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CHAPTER VII.
Suspension of the Colonial Government in 1775-Provincial Con- gress-Its proceedings-Ratification by the Provincial Con- gress, of the Declaration of Independence, July 9th, 1776- After the Ratification, the provincial congress styles itself the Convention of the State of New-York-Its deliberations -Preparations for defence-The British obtain possession of Long Island, New- York, &c .- The convention meet at Kings- ton and frame a Constitution-Its outlines-State Government Organized-First Session of the Legislature, after the adop- tion of the Constitution-It meets at Poughkeepsie in 1778- Session in 1779-The Legislature meet at Albany in 1780- Its deliberations-The Legislature, in 1781, order fifteen hundred men to be raised, &c .- Enactments in 1782, &c .- Controversy with Vermont resumed.
THIS chapter will be devoted to some of the internal affairs of the state, and the controversy with Vermont, and will embrace the period, from the commencement, to the close of the war.
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The revolution occasioned a suspension of the colonial go- vernment in New-York. "On the twenty-second day of May, 1775, a provincial congress, composed of delegates from the several counties of the province, convened in the city of New- York, in order to devise means of defence, and agree upon some form of government. Governor Tryon, who was then in the city of New-York, withdrew, and went on board of a British sloop of war, lying in the bay. The Congress, so convened, after deliberation, recommended to the several counties, to ap- point county and town committees. This recommendation was complied with forthwith. From that time, to the adoption of · the state constitution, at Kingston, in the county of Ulster, on the twentieth day of April, 1777, the government was adminis-
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tered by a provincial congress, aided by town and county com- mittees. ,
In August, 1775, the provincial congress re-organized the militia of the colony of New-York, and soon after appointed officers to command them. On the twenty-eighth of that month, the Congress elected General Woodhull their president.
On the ninth day of July, 1776, the provincial congress met again at White Plains, in the county of Westchester, and ratifi- ed, on the part of the people of this state, the declaration of in- dependence, which had been adopted by the continental con- gress of the United States, on the fourth day of July, and imme- diately assumed the style of the convention of the people of the' state of New-York, and set about framing a state constitu- tion, which was not completed till the twentieth day of April, in the year following.
. Previous to the meeting of the provincial congress at White Plains, preparations were made to repel the enemy, in case he should attempt to invade the state.
On the twentieth of July, 1776, the convention at White . l'lains ordered large drafts of militia to be made, and to be ready for immediate service. In the counties of Westchester, New-York, King's, Queen's and Suffolk, the numbers drafted, amounted to one-fourth of the whole. Those of Suffolk, Queen's and King's, marched to Brooklyn, early in August, where they were placed under the command of General Wood- hull. The militia, so ordered out, joined the army of Wash- ington.
The convention convened at Harlaem, on Manhattan Island, on the twenty-ninth day of July, in the same year, pursuant to adjourument. Here they passed sundry resolutions.
On the twenty-ninth of August, the convention, in conse- quence of the near approach of the enemy, adjourned to meet at Fishkill, in the county of Dutchess, on the second day of September.
The enemy, about this time, obtained complete possession of the city and county of New-York, and Long Island, and Staten Island, which they held to the peace in 1783.
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By an ordinance, passed by the convention who framed the state constitution, it was provided, that that part of the state which had fallen into the hands of the enemy, should be repre- sented in the senate and assembly, by a proportional number of members, selected from those who had retired from those coun- ties within the American lines.
The convention that framed the state constitution was com- posed of delegates from the counties of New-York, Richmond, King's, Queen's, Suffolk, Westchester, Dutchess, Orange, Ul- ster, Albany, Tryon, Charlotte, Cumberland and Gloucester. The two latter counties now compose part of the state of Vermont. Leonard Gansevoort was elected president.
The framing of a constitution for the state, and the organi- zation of a government under it, were done in accordance to a resolution of the continental congress. The following is a transcript of the resolution of that body to the provincial con; gress of New-York. -
. "Resolved, That it be recommended to the respective assem- blies and conventions of the United Colonies, where no go vernment sufficient to the exigencies of their affairs, has been hitherto established, to adopt such as shall, in the opinion of the representatives of the people, best conduce to the 'happi- ness and safety of their constituents in particular, and America in general."
The constitution which was made and adopted in pursuance of the foregoing resolution, vested the supreme legislative power in two depositories, the one called the assembly and the other the senate, who, together, were to form the legisla- ture. These were to meet at least once a-year for the transaction of business. The supreme executive power and authority were vested in a governor. The assembly was to consist of at least seventy members, who were to be chosen by the people every year. The senate was to consist of twenty-four members, to be elected for four years. The members of the latter body, after their election, were to be divided into four classes ; the seat of one being to be vacated every year, and its place supplied by an annual election of a number, corresponding VOL. IH. 30
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with those whose seats were to be thus vacated. The go- vernor and lientenant-governor were to be elected for three years. The former, by virtue of his office, was to be com- mander-in-chief of all the militia, and admiral of the navy of the state. He was to have power to convene and prorogue the legislature from time to time ; and to grant reprieves. and pardons to persons convicted of crimes, other than treason and murder, in which cases he might suspend the execution of the sentence till the same should be reported to the legislature. The governor was required to inform the legislature, at every session, of the condition of the state ; and to recommend such matters to their consideration, as should appear to him, to con- cern its welfare, prosperity and good government; correspond with the continental congress, and other states ; transact all business with the officers of government, civil and military ; and take care that the laws should be faithfully executed.
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The lieutenant-governor was to be president of the senate; and in case of the death, impeachment, removal, resignation or absence of the governor, he was to exercise all the powers and duties appertaining to governor.
The appointment of officers, except in a few cases, was 'vested in the governor ; and a council, consisting of four sena- tors, to be taken from the four senatorial districts. The senators were to be chosen by the assembly every year, and were not to be eligible to the council for two years in succession. The go- vernor and the four senators were to be denominated the coun- . cil of appointment. The governor, for the time being, or the lieutenant-governor, when the government should devolve on him, was to be the president, and to have a casting voice. All officers, both civil and military, except the chancellor and . judges of the supreme court, and the first judge of every county, were to hold their offices during the pleasure of the council. The chancellor and judges were to hold their offices during good behaviour, or until they should respectively attain. the age of sixty years. Supervisors, town-clerks, assessors, collectors and constables, and all other officers heretofore elect- ed by the people, were to be elected as formerly. Delegates
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to the continental congress, were to be chosen by the senate and assembly.
The style of all laws was fixed on, and the manner that . writs, and other processes, were to run in.
A court for the trial of impeachments and the correction of errors, was provided for. This court was to consist of the presi- dent of the senate, the chancellor and judges of the supreme court and the senators, and was to have appellate jurisdiction of all causes brought before it from the supreme and chancery courts, and was to be the last resort.
The constitution provided, that such parts of the common law of England, and the statute law of England and Great Britain, and the acts of the legislature of the colony of New- York, as together did form the law of the said colony, on the nineteenth day of April, 1775, should be continued the law of the state, subject to such alterations and provision as the legis- lature should from time to time make. "Such parts of the com- mon law, and such acts as might be construed to the estab- lishment and maintenance of any particular denomination of christians, or their ministers, or as concerned the allegiance yielded to the King of Great Britain, or as were repugnant to the constitution, were to be abrogated.
All grants of land, within the state, made by the King of Great Britain, or persons acting under his authority, after the four- teenth day of October, 1775, were to be null and void ; and all made prior to that day, were to be confirmed.
The free exercise and enjoyment of religious profession and worship, without discrimination or preference, were to be al- ; lowed in said state, to all mankind. Ministers or priests were to be ineligible to office.
The militia of the state, were at all times, as well in peace as in war, to be armed, officered, disciplined, and in readiness for service when called on. Magazines of warlike stores were to be prepared, and kept at the expense of the state.
Trial by jury, in all cases in which it had heretofore been used in the colony of New-York, was to be established, and to remain inviolable for ever.
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All new courts were to proceed according to the common law; and the legislature were not at any time thereafter to in- stitute any new court or courts, but such as should proceed conformable to the course prescribed by the common law.
Aliens, or such persons as were born without .the United States, were to be naturalized at the discretion of the legisla- ture, and in such manner as should be provided from time to time.
Such were the great outlines of the constitution adopted at Kingston, on the twentieth day of April, 1777. Its provisions in general were ample. It embraced the outlines of a state government ; defined the powers and duties of the executive, legislative, judicial, and military departments ; prescribed the mode of elections, and secured to the citizens their natural and unalienable rights. From the adoption of this instrument to the present day, the state of New-York has been under the em- pire of laws either framed or adopted by representatives elected by the spontaneous suffrages of her citizens. These laws, in general, have been enacted with wisdom, and in regard to the constitution.
The constitution adopted in 1777 was amended in 1801, and abrogated in 1823. The present constitution of the state em- braces most of the leading outlines of that of 1777 ; but to give them at present would be foreign to our subject. The first constitution, taking it all in all, with its amendments, was bet- ter calculated to secure and protect the rights of the citizens, and conduce to the general happiness of the people, than the new ; but it is not our province to point out the advantages of the one or the defects of the other.
The provincial congress of New-York had, at a very early period of the revolution, adopted, in common with the other states, defensive measures. Four regiments of men, besides the continental contingent, which consisted of five regiments, were levied and equipped as early as the month of May, 1776. . The former were mostly employed in the defence of the city of New-York, and the posts on the frontiers. The latter were either with Washington, or in Canada with the other continen-
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tal forces. After the defeat of the Americans on Long Island, and the evacuation of the city of New-York, and the surrender of Fort Washington, near Kingsbridge, on Manhattan Island, the troops constituting those called the New-York line, or state troops, became so reduced, that it became necessary to con- solidate the regiments into two. The great footing the enemy had obtained in the state, being completely possessed of five of its counties, and these the most populous and wealthy, in a measure prevented the filling up of the regiments, and keep- ing on foot so extensive an establishment as had been contem- plated.
The garrisons on the frontiers of the counties of Orange, Ulster, Albany, and Tryon, during the war, consisted mostly of militia, drafted from time to time, the state troops being lo- cated at particular places. In the districts most exposed, the inhabitants dwelt in garrisons, and cultivated the lands around them. This rendered the duty of those doubly severe. Alarms were frequent. In some instances, small districts had to be abandoned, the inhabitants not being able to defend thein ; and government was not in a situation to give necessary aics. But . the particulars in relation to the depredations of the enemy, will be found more at large in the succeeding chapter.
The first session of the legislature, after the adoption of the constitution in 1777, was held at Poughkeepsie, in the county of Dutchess, in the year 1778. On the sixteenth of March, in that year, they passed an act to organize the government of the state, according to the mode prescribed by the constitution. Several other acts were passed at the saine session.
The second session of the legislature was held at the same place, in the months of February and March, 1779. At this session, as well as at the preceding, measures were adopted for the defence of the state, and aids provided for the augmenta- tion of the continental armies. This state, like the others, had its state troops and its continentals. The latter, however, were under the control of Congress, and were commanded by officers appointed by that body.
The third session of the legislature was held at Kingston, io
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+- the county of Ulster, in October, 1779. At this session, among * other laws passed, there was one for the forfeiture and sale of the estates of persons who had adhered to the enemy.
The fourth session of the legislature was held at the city of Albany, in the winter of 1780. Among the laws enacted, there was one to facilitate the completion of the articles of confedera- ' tion, and perpetual union among the United States of America. The legislature seems to have been induced to the enactment of this law, by the recommendation of Congress. Previous to · this, the Continental Congress had recommended such a mea- sure to all the states. To some states the recommendation proved acceptable, and to others not. Congress, in addition to the recommendation for a union and confederation of all the · states, desired, that portions of the waste and uncultivated ter- ritories should be ceded to the United States, and be at its dis- position, in order to create a common fund, to defray the ex- penses of the present arduous war. The act now passed by the legislatire of the state of New-York, besides providing for fa- cilitatirg the completion of a lasting union, gave Congress power to limit and restrict the boundaries of this state, in the western parts, by such line and in such manner as they should judge expedient, either with respect to the jurisdiction, as well as the right of pre-emption of soil ; or reserving the jurisdic- tion, in part or in whole, over the lands which might be ceded. The lands to be thus ceded, were to be and enure for the use and benefit of such of the United States as should become members of the federal alliance, and for no other use or pur- . pose. The tract ceded embraces what is now known by the name of the Pennsylvania Triangle, and lies west of the county of Chateauque. The cession proved of little or no use, and by some means came into the possession of the latter state.
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