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The Dongan Charter

THE DONGAN CHARTER the crown and responsible only to the crown. The one kind of liberty that was guaranteed was the kind which the ruling class in Massachusetts had abhorred : liberty of conscience. And the one qualification of this grant was a peculiarly ob noxious qualification : adherents of the Church of England were to receive special countenance and encouragement.

Then without delay James II did with New York as he had said he meant to do. He 'assimilated' its government to the `constitution' framed for New England. On June 10 he issued to Colonel Dongan a new commission which named him not again 'Lieutenant and Governor' for an absentee proprietor but 'Captain General and Governor in Chief' of a royal province — the title that continued in use throughout colonial times. As nearly as the conditions with which it was concerned permitted, the commission was like the one given to Andros. Like Andros's also were the voluminous new instructions that came at the same time, with a special set relating to the Navigation Acts. All power in government was lodged once more in the hands of the governor and not less than seven councillors, the governor to take no action without the consent of a quorum of the council. The 'Bill or Charter of Franchises' passed by 'the late assembly of New York' — the Charter of Liberties and Privileges of 1683 was now, said the instructions, 'repealed, determined, and made void.' But the 'duties and impositions' mentioned in the revenue bill that had been attached to it were to continue until the governor should settle others; and thus it was to be with all other 'laws, statutes, and ordinances already made within the said province' in so far as they did not conflict with the governor's new commission and instructions. The style of enacting all future laws was to be `by the governor and council . . . and no other.' All were to be transmitted to the Lords of Trade within three months. All the principal officials of the province, it was ordered, must be well affected to the royal government and 'men of estate and abilities and not necessitous people or much in debt.' Dongan had asked some time before for an increase of his salary of £400. Now he was permitted to take for himself £600 a year 'out of the revenues arising in the province.' As governor of New England Andros received £1200. The governor of Connecticut had been getting only £80. In England at this time, it has been computed, the average in come of members of parliament was less than £800 and of peers of the realm £3000 while the greatest estates yielded hardly £20,000. New York, however, was a more expensive place to live in than England. The judges, Dongan wrote, ought to have salaries or it would be 'impossible they should live in so expensive a city,' and so ought Secretary Spragge whose perquisites were scarcely able to maintain him.

The probating of wills (in England a part of the royal pre rogative) and the granting of marriage licenses were reserved to the governor, insuring him a small harvest of fees, as was also the collation of ministers to vacant benefices although a general ecclesiastical jurisdiction over the province was vested 'as far as conveniently may be' in the archbishop of Canterbury. The bishop of London, who should have been named in this connection, chanced to be out of favor with the king. All peaceable persons were to enjoy full liberty of con science, but the services of the Church of England were to be duly and regularly performed. This command was supple mented by others which, referring to parishes and the clergy as though an Anglican establishment already existed, would have had meaning in Virginia but had none in the New York of 16 the Anglican church not encoutaged.in a_provinee-where-it-had_only_s-scanty-handful of 011er-wits, And for the first time a censorship of the press was decreed for a prorince which had as yet no printing office : without the governor's license no one was to print books or papers of any sort.

Again nothing was said of education. Much was said of the conversion of negroes and Indians, and of the suppression of drunkenness and kindred sins, piracy, and inhumanity to slaves and servants. All possible care, it was ordered, should be taken so to 'encourage virtue and discountenance vice' that the example of New York would lead 'infidels' to desire to `partake of the Christian religion.' The councillors, all named by the king and now technically the king's councillors, were Brockholls, who retained his rank as commander-in-chief to succeed the governor in case of his death, Philipse and Van Cortlandt, Santen and Spragge, John Young of Long Island and Jarvis Baxter; but Dongan thought best not to swear in Santen the collector as he was subject to fits of hypochondria and unable to attend to business. On September 14, when the governor and the councillors took the oaths necessitated by the new commission, the Charter of Liberties enacted three years before was read aloud in public and formally pronounced by the king's decision null and void. On December 9, the governor and council, holding their first legislative session, ordered that 'all the branches of the rev enue' and all other laws that had been made 'since the year 1683' should remain in force until further consideration, ex cepting such 'as his Majesty has repealed' — which meant all but the Charter of Liberties.

The new order of things was set in train in New York sooner than in New England, for Sir Edmund Andros did not reach Boston until near the end of December when Dudley's gov ernment had stood for six months. With him came Captain Francis Nicholson as lieutenant-governor and two com panies of regular troops, the first ever sent to New England and chiefly Catholic Irishmen. Andros appointed Joseph Dudley chief-justice. Randolph retained the secretaryship of the province now so greatly enlarged; but with the gov ernor's sanction he soon leased it, except as Connecticut and Rhode Island were concerned, for four years to John West for £150 a year. West seems to have been on friendly terms with Andros when he was governing New York and to have moved to Boston to enjoy his favor again.

More than once Dongan had prorogued the assembly elected in 1685. In January, 1687, in deference to his new instruc tions he dissolved it by proclamation. The city magistrates now wrote again to the king urging that he would confirm the new municipal charter and would enlarge the province at the east and the west. The governor in council passed a new revenue act, and, pursuant to the king's orders, issued a warrant for the surrender of Pemaquid to the government of New England. Thus Cornwall County was lost to New York. Judge Palmer and Nicholas Bayard were added to the council; a committee was appointed to settle the fees of all officials; and Lucas Santen was removed from his post as collector of customs, a partial auditing of his accounts having shown that he was in the king's debt to the amount of some £3000. Dongan soon sent him a prisoner to England, send ing also Secretary Spragge and Major Baxter to explain matters to the Lords of Trade. As collector pro tern. he appointed Peter Delanoy but soon confided the management of the customs, provisionally also, to Stephanus Van Cortlandt and James Graham, both ' very just persons' ; and to the king he wrote: It is my opinion that it were best to farm the revenue, the paying of so many hundred pound yearly to officers and vessels being vast charges, but if it should not please your Majesty to do it, I humbly beg that I may have the naming of a collector here, those who come out of England expecting to run suddenly into a great estate, which this small place cannot afford them.

This was good advice, but when Santen's commission was revoked in England one Matthew Plowman, a Catholic, was sent out in his stead.

Although Governor Dongan felt himself competent to order on his own responsibility new seals for special uses, a provincial seal had to come from the hands of the proprietor of the prov ince. Soon after the accession of James, the governor had written him that a new provincial seal was very much wanted, the people being `extraordinarily desirous' of having a royal seal to their patents and other papers. In August, 1687, the king sent out such a seal by Major Baxter with a letter which says that it was . . . engraven on the one side with our Royal Effigies on horseback in arms over a landskip of land and sea, with a Rising Sun and a Scroll containing this Motto : Aliusq. et Idem. And our Titles round the circumference on the said seal; There being also engraven on the other side our Royal Arms with the Garter, Crown, Supporters, and Motto, with this inscription round the circumference : Sigullum Provincice Nostra Novi Eboraci &c. in America.. . .

This seal, the third that the province received, was in use only a couple of years; no impression of it is known to exist, and no later colonial seal bore the device of a landscape of land and sea with a rising sun. Yet in 1777 the same device was chosen for the first seal of the State of New York, and with the motto 'Excelsior ' it figures on the State seal of to-day.

The main reason why Dongan was so bent upon enlarging the borders of New York has not yet been indicated. It was also the main reason why his exchequer was so bare, and it was bound up with the main task to which he had addressed himself from the moment of his arrival in 1683. While he was aiding his people in their first essays in legislation, organ izing their city governments, settling one intercolonial and scores of local boundary lines, attending to the financial work that the collector mismanaged, and fighting a gallant fight for such an extension of his province as might have set it in the wayA win first place among the colonies, his chief concern was to`ic'Ap the Iroquois true to their alleg ce at a very critical time ealock the am itions of Canada and 16 extend the Indian traffic drk' . r and sagacity saved New York from a conquest at the hands of the French which would almost certainly have overtaken it within a few years had there sat in his place a weak, a care less, or an imprudent governor. If his advice had been heeded and his arm had been strengthened he might have done more. He might have settled at this early day the great question whether the French or the English were to dominate in North America.

The struggle for the mastery of the west was now beginning in eahrest; as a struggle not yet for territory but for control of thk_fur_tradewhi r--York needed could not HIT...Without. The Iro ois had ubdued • nearer rivals, had crippl • ca, an ere ready and eager to go against the farther tribes of the fur-producing regions around the Great Lakes who, like the Illinois, had long been friends of the French. Therefore the French grew more and more determined to win them over or to shatter their power; and Louis XIV was often advised that the best first step toward this end would be to buy New York or to take it by force. Never did the Canadians separately consider the Iroquois confederacy or the province of New York; always they felt and said that to conquer either, to render either innocuous to Canada, they must conquer or permanently humble the other. And Dongan was as well aware of the im portance of the friendship of the Five Nations who, he ex plained, being the 'most warlike people' in America, going `as far as the South Sea and the Northwest Passage and Flor ida to war,' and holding all the other tribes 'as tributa ries,' were an invaluable ' bulwark ' between New York `and the French and all other Indians.' While Dongan saw this more clearly than any of his prede cessors, he was the first to anticipate danger in the remoter west. La Salle had set a trading post on the Illinois River and had descended the Mississippi to its mouth, and Dongan had more faith in the future value of his discoveries than the French themselves. It would be inconvenient, he wrote home, if a chain of French posts were established back of Virginia from `our lakes' to the 'Bay of Mexico.' If the Lords of Trade saw fit he could send a sloop or two from Manhattan to find La Salle's river where French possession would be detrimental to England as well as to Spain.

He did not get this permission; and he did not get anything else, not even encouraging words, until his term as governor was almost at an end.

During Dongan's first hurried visit to Albany in the autumn of 1683 he frustrated the plans of William Penn to tap the northern fur trade by buying from the Iroquois lands along the upper Susquehanna which commanded the Indian trails. Again the tribes placed these lands under the government of New York. But the establishment of Pennsylvania, Don gan felt, was a grave menace to the fur trade of his own prov ince. A wide strip of land between the Delaware and the Sus quehanna, he thought, should be taken from it and given back to New York, and here a couple of forts should be built for the protection of the inland traffic.

Le Febvre de la Barre, who had succeeded Frontenac as governor of Canada, said that the Senecas and Cayugas must be crushed if the English and Dutch were not to capture all the western fur trade. Moreover, these tribes were continually attacking the trading parties of the French and were threaten ing their Indian allies, especially the Illinois. He asked Dongan to prohibit the sale of firearms. All the Iroquois, Dongan answered, were English subjects, and for their misdeeds he would make recompense if the French had any to complain about. The governor of Virginia, Lord Howard of Effingham, also wanted to attack the western Iroquois, for in spite of their promises they kept up their raiding at the south. The English believed that the Canadians encouraged them in this raiding, while the Canadians believed that Dongan encouraged them to make war not only upon the far-western tribes but also upon the French themselves. Such was not Dongan's policy. What he wanted was to keep things quiet in his province and at the north so that he might win a way toward the northwest for the traders of New York. More than once he wrote home how much trouble he had had in preventing the Iroquois from attacking the French settlements or the French missionaries; and more than once he told the savages that he would give them no ammunition to be used against Chris tians.

Urging La Barre not to molest the Indians of New York he persuaded Lord Howard to treat with them again; and in the summer of 1684 the Iroquois sachems assembled at Albany for the first conference in which the governor of an other colony sat beside Corlaer.' Stephanus Van Cortlandt, acting as the agent of Massachusetts, then ratified its earlier treaties with the Mohawks. All the Five Nations promised with a solemn burial of hatchets to keep bright the covenant chain with Maryland and Virginia. With much formality they made submission to King Charles and promised to sell their lands to no one except his brother the Duke of York. With their consent Dongan ordered the arms of the duke to be set upon their `castles' and, forbidding them to make any treaties without his sanction, promised them aid should the French attack them.

Thus Dongan secured from the Iroquois an acknowledg ment of the claim that Andros had been the first to put forth, the claim that they were subjects of the English crown. It is probable that they did not understand the full meaning of the compact that was inscribed, says one of their harangues, ' upon two white dressed deer skins' which were to be sent to the `great Sachem Charles,' so that he might also write upon them and put `a great seal to them.' Certainly they did not feel it binding in the way that Dongan meant they should, for at once they told him to explain to the king that they were a `free people' uniting themselves to whomsoever they chose.

It is certain also that they had yielded to Dongan's demands chiefly because they dreaded the French; and this dread disappeared when, in September, 1684, an expedition which La Barre undertook in the hope of chastising the Senecas collapsed through mismanagement resulting in famine and disease. La Barre concluded with the westerly Nations a disgraceful peace, leaving the Illinois at their mercy. In return they assured him that they were brothers alike to the English and to the French and, in spite of both relationships, an independent people. Throughout colonial days the Iro quois continued in this fashion to play off the one rival power against the other and to assert their independence of both; at one time as at another all dealings with them were com plicated by the looseness of the tie that united the Five Na tions; and at all times personal influence was a more compel ling force with them than their own promises or pledges or even their own material interests. Nevertheless the agree ment with them that Dongan secured in 1684, giving the English solid ground upon which to base a claim to their allegiance, proved of great and lasting value.

As renegade Frenchmen were leading trading parties from New York into the western wilderness, all Canadians were at this time forbidden under pain of death to emigrate to Albany or Manhattan. In the summer of 1685 the Marquis de De nonville came to replace the discredited La Barre, bringing hundreds of soldiers and orders to humble the Iroquois and to treat the New Yorkers as enemies should they support them but to attempt nothing on the territories of the English crown. The voluminous correspondence which then began between Dongan and Denonville was at first very friendly, for they had made acquaintance in earlier years under the standard of Louis XIV and, as Catholics, they were both desirous to Christianize the savages. But neither could accept the main contentions of the other. The Iroquois owed allegiance to Louis XIV, said the Frenchman; French territory embraced the Mohawk Valley and much of the country to the south of it; and the New Yorkers must not trade with the allies of the French in the northwest. The New Yorkers, said the Irish man, had as much right as the Canadians to trade in the north west; the territories of New York stretched to the Great Lakes; the Iroquois were subjects of the king of England; they must bring all their disputes to Albany for settlement; and the Frenchmen must not attempt to deal or to treat with them except through the governor of New York. Therefore the long letters, so amicable at first, gradually grew heated, acri monious, almost insulting; and if one writer tried for a mo ment moral arguments or civil words the other refused to respond in kind. It was wrong to debauch the poor savages with rum, wrote Denonville. Rum did no more harm than the brandy of the French, Dongan replied, and in fact was more wholesome. Once Dongan sent the French governor a gift of oranges which he had heard were scarce in those parts. It was kind of him to send the oranges, Denonville wrote, adding : "Tis a pity they were all rotten.' The French, Dongan explained to his superiors, had the advantage in the beaver trade ' by their industry in making discoveries in the country before us.' On the other hand they were hampered in their trading by the fact that the St. Lawrence was frozen during the long months of winter; the savages especially wanted the coarse cloth, not made in France, that they could get at Albany; and they preferred New York rum to French brandy not because it was more wholesome but because it was cheaper.

or Canada would be lost to France; and it would be well for the king of France to buy New York from the king of England.

In the autumn of 1686, the year when Dongan was busy with land patents and city charters, he warned the Iroquois chiefs, who had come to Manhattan to take counsel with him, that Denonville meant to attack them and to build a fort at the mouth of the Niagara River which was certainly within the domain of the English king. One of the promises that he made them was that he would get for them English priests to take the place of the French missionaries who had labored so long among them. A wise measure this would have been, and Dongan urged it upon the king, asking also for leave to build forts at Niagara and on the spot where Detroit now stands. But when in the autumn of this year he got his new commission from „James I, he heard again the old vague and contradictory com an : Encourage the fur trade, give the Frenchmen no cause of offence. They were commands as hard to obey as those that the West India Company had sent to Van Twiller, Kieft, and Stuyvesant : Keep the English out of New Netherland, make no use of force.

Alarmed by the reports from America, for there was trouble in the Hudson Bay region as well as in New York, Louis XIV sent agents to England to try to settle boundary lines. Neither should trespass upon the waters or territories of the other to fish or to trade. And even if `any breach should happen' between the two sovereigns in Europe `a true and firm peace and neutrality' should continue between their subjects in America 'in the same manner as if such breach in Europe had not happened.' Few historians say much about this curious txhich, indeed, had small practical effect; Parkman, for example, barely mentions ]cmg ,mes appears to have thought it noteworthy. The quotations from his autobiographical notes which are given in Clarke's Life and in Macpherson's Original Papers include only two references to American affairs — the one already quoted in regard to the capture of New Netherland in 1664, and one which describes the treaty of 1686.

The treaty said nothing of the claim of either king to sovereignty over the Iroquois, nor had Charles or James at any time made this claim. But Louis was aware that it had been asserted on their behalf by two of the governors of New York, and he seems to have favored the treaty for the purpose of undermining it. In truth, it was greatly to the advantage of the French to secure such a treaty, for they knew on the one hand that Canada could not stand if New England, just then united under Governor Andros, should be aroused against it and, on the other hand, that they might hopefully deal with the Five Nations if the governor of New York were securely fettered. James meant what he said when, sending a copy of the treaty to Dongan, he bade him observe its provisions. But when Louis sent a copy to Denonville he also sent more troops, much money in cash and supplies, and instructions to proceed against the Iroquois. Should Dongan assist the Iroquois, the fact was to be reported so that the French king might demand his recall: In July, 1687, Denonville raided the Senecas' country, crossing Lake Ontario from Fort Frontenac with a force of some 3000 white men and Indian allies; and although he did not follow the savages, who fled toward the east, he seized the chance to declare the sovereignty and to set up the arms of the king of France on their own soil, and on his homeward way he built the long-talked-of fort at Niagara. Thus he exasperated without really injuring the Senecas; and he roused all the Iroquois to fury by sending some two score of them as captives to France to be worked in the war-galleys of the king. Louis had ordered that Iroquois prisoners be thus utilized, but most of those whom Denonville sent had been treacherously captured while not under arms. He could not have committed a more blundering crime. The tribes would no longer receive the French missionaries who had been so useful to the French cause, and more earnestly than ever before they turned to the governor of New York for support. Meanwhile Denonville's lieutenants had captured some of the traders whom Dongan had sent to the far northwest, and Denonville had hanged one of them, a Frenchman, and had ordered that the others be kept under arrest at Montreal. All this Dongan felt as a great affront; and after another conference with the Iroquois sachems at Albany he consented to aid the Senecas with arms and ammunition although not with men.

Of course each governor accused the other of infringing the Treaty of Neutrality. In August Dongan sent Judge Palmer with urgent despatches to England. The French, he wrote, were encroaching more and more; boundary lines should be established; there should be forts on Lake Champlain, at Niagara, and between Schenectady and the Onondaga coun try; and English priests should at once be sent out. Again he wrote that, ' peace or war,' it would be necessary to send out men and to build the forts, adding, prophetically, that . . . a little thing can prevent now what will cost a great expense of blood and money hereafter.

The French meanwhile were urging Dongan's recall; so, it appears, was William Penn who had not forgiven the block ing of his plans to secure the Susquehanna lands; and in the autumn Dongan heard from his uncle Richard Talbot, now Earl of Tyrconnel, that he was to come home at once. Writing in October he explained to the king that by the terms of his commission he could not come without more formal orders; moreover, the king was much in debt to him, and he was much in debt to his people; if the king would send him £3500 these obligations could be discharged; otherwise they could not be unless Connecticut were added to his province; and without Connecticut no future governor would be able to meet the expenses of governing New York.

In the previous April, when the status of Connecticut and Rhode Island was still undetermined, Dongan had tried to induce Connecticut to consent to come under his government. Employing Graham and Palmer as his envoys he promised that all lands should be secured to the posterity of their owners by general or special patents; the clergy should have sufficient support, taxes should be no greater than elsewhere in the province, Connecticut should have a port to trade as before with Boston for corn and provisions, and it might send two or three persons to England to have the agreement con firmed by the king. When his envoys returned after visiting all the towns between Hartford and New York they reported that the Connecticut people were `obstinate not to surrender to the king.' But their assembly, so Dongan wrote to the Earl of Sunderland, now secretary of state, had so far con sented to give up their charter and be annexed to New York that a letter to this effect was written and ready to be signed when some of the clergy came in and overthrew all that Graham and Palmer had accomplished. This was in May. In June the king had directed Andros to bring Connecticut and Rhode Island within the Territory and Dominion of New England, but Andros had not yet done so when Dongan sent his letter to the king in October. The Canadians, he also wrote, would never live easily with the English until `one good blow' was given them, which might readily be done if four or five hundred troops were sent out and the other colo nies were ordered to give aid, for the English would then be `twenty to one of the French.' But, knowing the expense, he wished that peace might be settled in Europe if Denon ville would abandon the new fort at Niagara and leave things `as they were.' Governor Andros was now completing the consolidation of the king's great New England province. Visiting Hartford he took over the government of Connecticut on November 1, and its charter, says the famous story, was hidden away in a hollow oak tree to be brought forth again on a more fortunate day. Robert Treat the deposed governor and John Allyn the secretary accepted the seats on Sir Edmund's council which by the king's command were offered them. Still Dongan did not understand the situation. The terms of Sir Edmund's instructions must have been unknown to him, for he wrote that it was owing to `fraud' on the part of the governor and secretary, without the knowledge of the rest of the assembly, and against the wishes of ninety-nine to one among its people that Connecticut had been added to Massa chusetts and not to New York. The Jerseys New York still hoped to acquire.

It was known in New York that the Canadians had been strengthened and instructed to attack the Iroquois, and it was believed that they meant to descend upon Albany as soon as Lake Champlain and the lesser waterways should be frozen into roadways. Dongan decided to spend the winter at Albany, and for the defence of the border he ordered a draft of one man in ten from the militia of all the counties, except ing such men as `were out last year a-whaling.' As this meant only a draft of some four hundred men he earnestly besought the aid of New England, asking Andros to send him two hundred of the youngest and lustiest of the Massachusetts militia, fifty horsemen, and two hundred and fifty militiamen from Connecticut, to all of whom he would give the same pay as the king's soldiers received. Furthermore he wanted a hundred of Andros's `red coats' — a term, afterwards very familiar, which thus appears for the first time in the records of New York. Andros answered that he would willingly give aid and asked for more information, reporting at the same time to the secretary of state that Dongan had informed him of the ' French aggression,' that he was putting the military in as good order as possible, and that he desired the king's instruc tions. Dongan wrote directly to Connecticut also. But the New Englanders, as may be read in a letter written to Andros from Hartford on December 5 by Colonel John Talcott, were still too near in time to the horrors of King Philip's War to think of another without dismay or to believe that a war on the borders of New York might be needful for their own ulti mate security. Referring to the `last Indian war' in which Andros himself had `very honorably and wisely' prevented the New York savages from ' drawing the sword,' Talcott urged that Dongan should be counselled to negotiate for a truce of eight or nine months so that the sovereigns in Europe might decide the disputes between their American subjects: And that we may not be engaged in a bloody war for the maintain ing litigious boundaries twixt English and French (I desire to speak without reflection upon the meanest man, much less upon any gentle man or person of honor) for the sake of a beaver-trade to be upheld by the point of the sword for the enriching a few mercenary spirited men.

At last Governor Dongan's explanations and appeals had aroused some spirit in his royal master. In November James put forth a formal claim to sovereignty over the Five Nations, issuing a warrant which authorized Dongan to protect them and, if the Canadians should continue to annoy them and should invade New York, to support them by force and to ask the other colonies for aid. He also instructed Andros to give such aid to the uttermost of his power. In case of need the French were to be pursued into their own territories.

By the time these instructions reached America the im mediate danger had passed. Denonville's forces had melted away; the climate had destroyed them, Dongan explained. So the Frenchman grew more timid and the Irishman grew bolder. Denonville sent back the captured New York trad ers and showed a wish for peace at any price with the Iro quois. Dongan would not sanction peace until his demands were met: Fort Niagara must be demolished and the Iroquois braves who had been sent to France must as English subjects be surrendered to the English government. But he could not press these demands. Again instructions from England stayed his hand. Peace for America had again been decreed, the commissioners of the two sovereigns compacting that for a year from the first day of 1688 no acts of hostility should be committed in the colonies. The French commissioners, however, did not neglect the chance to protest against the `entirely novel' claim of the king of England to sovereignty over the Iroquois, saying that he had mentioned no such claim when the treaty of 1686 was drawn up and that more than once the Iroquois had made submission to the king of France. Nor, it may be added, did the advisers of the king of France cease to urge him to acquire New York so that he might be master of 'all America.' He had been 'at great expense on the Assembly at their first sitting — when they gave the reve nue,' a statement which suggests a little bribery again but probably means no more than a diplomatic hospitality, for the next words read: 'and on Lord Howard of Effingham when here with his train,' as also `on' Governor Penn, Gov ernor Treat, and commissioners from Boston and other who had likewise visited New York intent upon their own advantage. The council had laid special taxes of a penny in the pound at New York, Kingston, and Albany, and of a penny and a half on Long Island and elsewhere as the people there did not `advance the king's revenue neither by excise nor customs £150 per annum'; but the province was 'too poor of itself to help our Indians.' There should be more of the British, born to `balance' them. More than once he had asked in vain for a ship to run regularly between New York and Ire land, to bring over subjects of the king who would put the king to no charge after their arrival. The council, he thought, should consist of more than seven members, for one had to be always at Albany and two, meaning Van Cortlandt and Phil ipse, had `such great business and trade' that they could not possibly attend all council meetings. Subject to the king's approval he added to their number Nicholas Bayard, then serving a second term as mayor of the city, Judge Palmer, and James Graham who thus became a colleague of the Major Baxter who had once stabbed him under the collar bone.

We therefore . . . do by these presents constitute and appoint you the said Sir Edmund Andros to be our Captain General and Gov ernor in Chief in and over our Colonies of the Massachusetts Bay and New Plymouth, our Provinces of New Hampshire and Maine, the Narragansett country or King's Province, our Colonies of Rhode Island and Connecticut, our Province of New York and East and West Jersey . . . to be called and known as formerly by the name and title of our Territory and Dominion of New England in America. — Commission of Governor-General Andros. 1688.

`The men who are here have generally lusty strong bodies,' wrote Colonel Dongan in 1687, answering in a long report twenty-five 'heads of enquiry' addressed by the Lords of Trade to colonial governors. He had heard of one woman who had three hundred and sixty living descendants. The Dutch were 'great improvers of land.' The militia of the province included about 4000 foot and 300 horse besides one company of dragoons. At New York and at Albany the buildings were mostly of stone and brick.

But of French there have since my coming here several families come both from St. Christopher's and England, and a great many more are expected, as from Holland have come several Dutch fami . .

New York, it may be explained, was getting no British immigrants because Pennsylvania, with its wider lands and freer form of government, was more attrative. By the year 1685, when this province was only four years old, it had a cosmopolitan population of eight thousand souls while New York, sixty-two years old, had not more than eighteen thou sand. Dutchmen and Frenchmen, however, liked best to come where their compatriots predominated; and many French men were seeking new homes at this time, for it was in 1685 that Louis XIV revoked the Edict of Nantes which in 1598 had secured to the Protestants of France religious toleration and many material privileges. Within the next few years scores of thousands of Huguenots left the kingdom although their departure was soon forbidden upon pain of death. Those who first reached New York petitioned that, as King James had promised them special privileges, they might have the same rights in trade as his own subjects; and from the king or the governor many received letters of denization. Among them there arrived in 1686 the founder of a promi nent New York family, Etienne (Stephen) De Lancey a native of Caen in Normandy.

In 1688 the French congregation of the city, organized in the previous year as the Eglise des Refugia Francais a la Nouvelle York, built itself a church near the fort. Afterwards it changed its name to Eglise du Saint Esprit. As such it still exists, and although in 1704 it joined itself to the Angli can communion its services are still performed in the French tongue. Only three other churches founded by Huguenot immigrants survive in the United States. Two are in New York — at New Rochelle in Westchester County and at New Paltz near Kingston, a town settled by Frenchmen from the Palatinate to which Governor Andros had given a charter. The third is at Charleston, South Carolina.

The Lutherans of the city had built themselves a church to replace the one torn down by Governor Colve's orders, and the people of Harlem laid the foundations for a new Dutch church in 1685. The building of a new one for the city con gregation was much discussed but not achieved. Soon after the return of Domine Selyns in 1682 he wrote home that his congregation was building for him 'on the foundation of un merited love' a large house wholly of stone and three stories high. Cornelis Steenwyck, dying in 1684 or 1685, bequeathed the Manor of Fordham, which he had bought of John Archer, to the Dutch congregation of the city for the support of its ministers. More than this he contributed to the support of one among them, for in 1686 his widow married Domine Selyns who described her as 'rich in temporal goods, richer in spiritual.' In 1686 Selyns compiled a list of the members of his con gregation arranging the names, more than 550 in number, according to streets and thus adding another to the incom plete but interesting little city directories that have come down to us. He also preserved for posterity the early rec ords of the church on Manhattan, collecting everything in regard to it that he could find, notably baptismal and mar riage records beginning with the year 1639, arranging them in due order, and transcribing them in a beautiful script. In 1688 he joined with his consistory in petitioning the governor that they might be incorporated under the name of 'The Ministers, the Elders and Deacons of the Reformed Dutch Church in New York.' The prayer was not granted but the petition is a landmark; it is the first document in which we find the name so long revered as that of the oldest communion in New York, so unfortunately changed by the elimination of `Dutch' in 1869.

As Anglican chaplain Josias Clarke succeeded Gordon in 1684. In 1686 when Dongan got his new commission Alex ander Innis succeeded Clarke. He brought with him a 'table of holy-days' in accordance with which it was ordered that the custom-house be closed on thirty-four specified week-days during the year as well as on Sundays. Dongan himself worshipped privately in a chapel he had fitted up in his resi dence in the fort. Although two Catholic priests besides his chaplain, Father Harvey, are known to have been in New York at this time there was no public performance of Catholic rites.

In 1683 Dongan told the city magistrates to leave to him the question of giving Jews the freedom of the city, yet in 1685 he referred to the magistrates a petition asking that Jews might worship publicly. This the magistrates denied, construing strictly the act of assembly which had granted the right to all Christians. In 1686 a Jew received from the gov ernor letters of denization; another was elected one of the petty constables of the city; and the names of two stand upon the roll of freemen admitted in 1688.

Governor Hinckley of Plymouth, writing to Blathwayt in 1687 and remarking upon the similarity in the ecclesiastical arrangements of his colony and New York, said that Gov ernor Dongan showed . . . a noble and praiseworthy mind and spirit, taking care that all the people of each town do their duty in maintaining the minister of the place, though himself of a differing opinion from any.

The property of all the churches was free from taxation. Of the number of churches and sects and the temper of the people in such matters Dongan himself reported : Here be not many of the Church of England; few Roman Catholics ; abundance of Quakers preachers men and women especially; Singing Quakers; Ranting Quakers; Sabbatarians ; Antisabbatarians ; some Anabaptists, some Independents; some Jews ; in short of all sorts of opinions there are some, and the most part, of none at all. . . . The most prevailing opinion is that of the Dutch Calvinists. . . . It is the endeavor of all persons here to bring up their children and servants in that opinion which themselves profess ; but this I observe, that they take no care of the conversion of their slaves. Every town and county are obliged to maintain their own poor which makes them be so careful that no vagabonds, beggars, nor idle persons are suffered to live here. But as for the King's natural-born subjects that live on Long Island and other parts of the government, I find it a hard task to make them pay their ministers.

It was impossible to make the Quakers in the province serve in the militia. Early in the year 1686, before the Charter of Liberties had been formally abrogated, they peti tioned the government, saying that, in spite of the promise in this Charter that no person professing faith in Jesus Christ who did not 'actually disturb the civil peace of the province' should be molested for any difference in matters of religion, they had been thus molested by having their goods distrained because they refused to bear arms 'upon no other account than that they conscientiously dare not in obedience to God and not out of any contempt to authority.' Therefore they begged they might be 'relieved in the damages already sus tained and prevented from like sufferings hereafter'; but the governor in council decided that no man could be exempted from the duty of military service. A list, drawn up by the Quakers themselves, of what had been taken from them up to 1687 on Long Island and in the city because they refused to serve and, in one or two instances, to pay 'priests' wages,' — that is, to contribute toward the support of ministers gives many items ranging from three pieces of Holland linen worth £15, 13s., 4d. and 'one fat cow valued at £4, 10s.' to one swine worth fifteen shillings and a broad-axe worth six.

One reason why slaves were not taught religion was the belief, prevalent in New York as in other colonies, that a slave embracing Christianity would thereby acquire his freedom. To allay this apprehension the governor in coun cil ordered in 1688 that slaves should be 'instructed and bred' in the Christian faith and that the property of their owners in them should thereby be 'nowise altered.' In 1685 a master for a classical school was accidentally discovered. Several members of a Quaker-like sect called the 'Sweet Singers,' who were condemned to transportation as schismatics by the Duke of York in Scotland, were sent out to be sold in East Jersey as `redemptioners' — a term applied to penniless persons who signed no contracts as did indentured servants but, emigrating willingly or perforce, were sold when they landed to serve as bondsmen for a term of years, the cost of their passage being thus defrayed. One of these Scotchmen, named David Jamison, came into the service of Mr. Clarke, then the chaplain at New York. Some of the principal men of the city, learning that he had had a college education, bought his time of Clarke and set him up as master of a Latin school which he kept for a time with good success. Afterwards he studied law and rose to posi tions of public prominence.

Governor Lovelace's project for a postal service Governor Dongan revived, setting up an office in New York and fixing the charge at threepence for distances not exceeding a hun dred miles. In 1687, when Edward Randolph had been named deputy-postmaster for New England under the lord treasurer of England, Dongan appointed for his own prov ince William Bogardus, a notary public. These appear to have been the first officials of the kind in the colonies. The first English physician who can be identified as practising in New York, Dr. Matthew Taylor, died in 1688. Among his possessions were a parrot valued at £2, and a negro girl valued with her baby at £5.

Near the northern confines of the little city there had long been a row of scattered houses facing the transinsular wall but at some distance from it. In 1685 by Governor Don gan's order a street thirty-six feet in width was laid out in front of these houses from Pearl Street westward as far as New Street, now for the first time mentioned, and was called Wall Street, the old name of the locality, the Cingel, drop ping out of use. Most of the vacant land lying along the northern side of Wall Street had come into the governor's possession. Buying now the strip between it and the wall, he secured a number of good building lots one hundred and twenty-five feet in depth. One of them, twenty-five feet in width, he sold in 1688 to George Browne, a maltster, and here the first house of the north side of Wall Street was built. In 1689 it was sold for £60. The wall itself stood until the end of the century. Dongan also owned a garden of about two acres covering the area bounded in after years by Park Row, Nassau, Ann, and Beekman streets. It was long called the Governor's Garden, afterwards the Vineyard, and until 1762 remained in the hands of Dongan's heirs.

In 1684 the market was transferred to a new market-house on the plain or 'green' in front of the fort where the annual fairs for live-stock were held. City ordinances tried to pre vent middlemen from raising prices and monopolizing profits, forbidding any one to buy privately provisions that were being brought in to market, to buy in the market with intent to sell there at retail again, or to purchase in bulk from the farmer before his crops were gathered. These offences, called `forestalling,' `regrating,' and 'engrossing,' had been penal ized in England at least as early as the days of the Tudors.

Like many other minor ordinances issued in New York these about the markets show, as clearly as do the major ordinances of its governors, the Duke's Laws, and the enactments of the first assembly, that while the governors themselves were un trained in civil administration some of their English advis ers were thoroughly conversant with the laws and customs of the mother-country and exercised good judgment in deciding when it might be well to introduce them and when it would be better to preserve the old Dutch ways and rules.

Stringent ordinances still regulated the cleaning of the streets, the prices to be charged by the official cartmen, the registration of strangers, the conduct of slaves, and the sell ing of liquor. Fire-buckets were to be kept at convenient places. The petty constables were to take turns in patrolling the streets and visiting the tap-houses during service-time on Sundays to see that the laws were obeyed. No one was to build a house within the wall except with the advice of the city surveyors. All houses were to be 'uniform' and built with party walls. This ordinance, probably like many others, was framed by the governor's direction; and he him self ordered that trees near highways should not be cut down or girdled but should be preserved for protection against the weather. In August, 1685, a day was appointed when the inhabitants might hunt and destroy wolves on Manhattan.

A list of the vessels owned in the port, compiled in 1684, named three barks, three brigantines, twenty-six sloops, and forty-six open boats. In the same year eighty-six clearances for Esopus or Albany were issued to sloops and boats during the months when the river was free from ice — between March 7 and November 8. The average length of the round trip to Albany, including the time consumed in loading and unloading, was about one month. In 1687 Dongan estimated that his New Yorkers owned nine or ten vessels of eighty or a hundred tons, two or three ketches and barks of about forty tons, and some twenty sloops of twenty or twenty-five tons, all of which traded with England, Holland, and the West Indies except six or seven sloops employed in the Hudson River traffic.

Boston, said Dongan, could load thirty or forty ships a year for Europe. This was largely the result of its prolific fisheries. New York could not load more than three ships, and these with whale oil from Long Island; and the Bostonians grew angry if they could not get the oil themselves. New York needed exports wherewith to buy in England the linens and woollens which, said its governor, the Bostonians made for themselves and which his people would also make if they were permitted.

In 1687 Dongan reported that the people of East Jersey, disregarding the order that no vessels should come in from Sandy Hook through any channel without touching at Man hattan, brought ships into Perth Amboy, a port on Raritan Bay which was then the capital of the province. More goods, said the governor, had thus been introduced than both the Jerseys could consume in two years; many of them must have been smuggled into New York. Even New York ships sometimes broke bulk at Perth Amboy with the same result, notwithstanding the oaths of their owners who salved their consciences ' by this evasion, that that place is not in this government.' On the very day when he was writing, Don gan said, 'an interloper' had thus landed five tons and a half of 'teeth,' meaning elephants' tusks. Therefore it was that he begged for permission to build a fort and mount twelve guns on Sandy Hook. Not only was the king's revenue suffering. East Jersey had better land as well as more free dom in trade than New York, and many New York merchants, Dongan now affirmed as Werden had once predicted, meant to settle there if it were not 'annexed to this government.' Yet the Jerseymen revailed when they demanded that Perth controversy about the Staten Island Kills, revived by the establishment of the new port, was not settled until 1834 when the line between New York and New Jersey was run through the middle of these channels.

Dongan easily refuted the charges that he had joined in the ventures of various merchants that were brought against him by Santen the discredited collector. Many reputable citizens testified on his behalf, the merchants in question were as indignant as he, and one of them brought a suit for slander against the collector.

New York was `very honest,' Dongan averred, in obeying the Navigation Acts. Some ten years before, the captains of English men-of-war had been authorized to seize vessels transgressing these Acts. One such captain, named Allen, charged both Dongan and Lord Howard with complicity in the illegal traffic of the Virginians who, he said, were in the habit of sending small vessels laden with tobacco to New York and Newfoundland, whence the cargoes were reshipped to Holland, and bringing back foreign goods. Both governors denied the charge, and Lord Howard wrote to Samuel Pepys, who was again secretary to the admiralty, that Captain Allen was merely trying `to cloak his own oppressions.' He thought himself `more governor' than the governor himself and in other ways was disgracing the king's service, as when, his mistress being delivered of a son on board of his ship, on board of the ship he had the child christened with 'great solemnity.' Such tales as this are entirely credible, fitting in with the pictures often painted in England of the condition of the naval service at this period. For example, Macaulay says that it was well known that when Admiral Torrington was in command of the Channel fleet, at the critical time that followed the accession of William and Mary, he went to bed drunk every night and kept on his ship not merely one mis tress but a whole harem. And they are tales that need to be told, for arrogance and ill-conduct on the part of English naval officers played their part in exasperating the colonials against the English trading laws and in making the paths of illegal traffic seem almost lawful.

braves who had been sent to France, and in his letters to England still begging for the addition to New York of both the Jerseys and even of lost-and-gone Connecticut.

Soon after he returned to Manhattan he proclaimed, in obedience to a royal order, a day of thanksgiving for the pregnancy of the queen who, it was hoped, would give the f king a son. Small cause for thanksgiving must have seemed to the Dutch New Yorker, to any Protestant New Yorker, the prospect of an heir-male to the crown of England who would be brought up a Catholic and would shut out from the succession James's daughters by his first wife, Protestant princesses the elder of whom was married to William of Orange the great champion of the Protestant faith. And of other causes for thanksgiving there were few to be noted in New York.

Eight thousand pounds, Dongan told the council, would be needed for the cost of an expedition against the French dur ing the current year; and it must have seemed an immense sum, for Andros estimated the annual revenue to be gathered from the whole of populous and rich New England at no more than twelve thousand pounds. He had promised New York aid with men. The other colonies, Dongan directed, must be asked for money. Meanwhile it was ordered that the militia men who had served at Albany should be given an 'allowance' ranging in amount from eightpence a day for a private to ten shillings a day for a `captain of horse.' The records show that at this time some disturbances attended the collection of the taxes, yet in May the council ordered a special levy of £2556, 4s. 'to defray the expense about the Indians and the French.' It was assessed after a manner introduced in England during the time of the Com monwealth as a new plan for raising subsidies and continued after the Restoration: that is, it was apportioned among the counties according to the reputed resources of each. Thus for the first time we get a clear idea of the relative standing of the different parts of the province in estimated population and wealth. New York County was to raise £434, 10s., Suffolk (the eastern half of Long Island) the same amount, Ulster £408, King's and Queen's each £308, 8s., Albany £240, and the other counties smaller sums, Orange standing ast with only £10 to pay. It will be noticed that the Van Rensselaerseat estate with itasystem of tenant not helped Alba C unty to prosper as small holdings The sopus country had helped Ulster.

for money the assembly of East Jersey passed an act to raise £500 `for his Majesty's service for the affairs of Albany etc.' Maryland said that it would obey any direct commands from the king. In Virginia the assembly refused to give anything, saying that it had spent much to protect its own frontiers against the savages and that New York was not in great danger. It was in very pressing danger, said Lord Howard, and at his solicitation the council voted it £500 to be paid from the king's quit-rents. Nothing came from any other colony, nothing from the king himself.

Nothing from the king, that is to say, except the most unwelcome news that could have come from this or from any other source : the province of New York was to be joined to the Dominion of New England. James had decided that the charters of all colonial proprietors and corporations in America must be cancelled excepting only the one held by William Penn who was his personal friend. Maryland and Carolina escaped the threatened fate, but the proprietors of the Jerseys accepted it, resigning their rights to the crown.

And in April the king issued to Sir Edmund Andros a new commission and a new set of instructions which said that East and West Jersey and New York were 'annexed to New England.' Dongan had once written home that if Connecticut were added to Massachusetts then New York might as well be added also. He seems to have heard no rumor of the actual change unwittingly predicted by his ironical words. Yet the fact that he was deposed from the governor's seat was not a punishment, a rebuke, or even a sign of dissatisfaction. Although James was willing enough to let the French king think that his wishes had prevailed to disgrace the energetic adversary of Canadian ambition, neither the complaints of Louis nor the enmity of William Penn had brought about Dongan's dismissal. It was simply the result of the king's belief that New York no longer needed a governor of its own. Choosing whether Dongan or Andros should remain in the consolidated Dominion, even James II could not doubt that the Protestant was preferable to the Catholic as a governor whose seat was to be at Boston, while the experience Andros had gained in both New York and New England gave him another advantage over one who had merely served for five years in New York. Dongan's authority, the king informed him, would cease when Andros should publish his commission in New York. Then, as speedily as his private affairs might permit, Colonel Dongan should return to England to receive assurances of the king's `entire satisfaction' with his good services and 'marks of our royal favor.' Two hundred pounds, it was ordered, should be added to Sir Edmund's salary from the six hundred allowed for the support of the governor of New York, the remainder to go to the lieutenant-governor, Captain Francis Nicholson, who was to reside at New York. Forty-two councillors, repre senting all the parts of the great Dominion and all named by the king, were now to give Andros their aid. Seven were chosen from New York — a fair share if tested by facts of population, a small share if judged by the importance of this province as the ' bulwark ' of all the others. The seven were Major Brockholls and Major Baxter, Stephanus Van Cort landt, Frederick Philipse, Nicholas Bayard, John Young, and John Spragge, all of whom had been councillors to Governor Dongan. Among their colleagues from other parts of the Dominion were Edward Randolph and Joseph Dudley, Thomas Hinckley who had been the last governor of Plymouth, Fitz John and Wait-Still Winthrop — sons of the one-time gov ernor of Connecticut, grandsons of the one-time governor of Massachusetts — Treat and Allyn of Connecticut, and John Palmer.

This was John Palmer of New York, and Hutchinson counts him among the New York councillors. But, sent by Dongan with despatches to England, he had there received his councillor's commission and, returning not to New York but to Boston, had been named an associate justice of the supreme court of the new Dominion. Nevertheless he re tained his judgeship in New York. So too James Graham remained attorney-general of New York and recorder of the city although, like his friends West and Palmer, he removed to Boston and Andros there appointed him attorney-general. Sir Edmund, wrote Edward Randolph to John Povey, an official in England, was now 'safe in his New York confidants, all others being strangers to his councils.' West and Graham, he declared with truth, had worked much harm and confusion when sent by Dongan on official business to Pemaquid, un justly taking for themselves and Palmer tracts of land already granted to the settlers there. In Boston, he also said, they had done much to make Sir Edmund's government seem `grievous,' especially John West who used the secretaryship that he had leased from Randolph himself as an engine of oppression, exacting exorbitant fees. One of the many New England pamphlets of the moment, written by Nathaniel Byfield, likewise says that the people were `chiefly squeezed by a crew of abject persons fetched from New York to be the tools of the adversary.' But a friendly correspondence which passed between West and Allyn reveals nothing in support of such charges ; rather, it shows that it was largely to the good offices of West that Connecticut owed its compar ative exemption from those results of arbitrary government that Massachusetts more painfully felt. A few years later Sir Edmund, West, Graham, and Palmer all lay in jail in Boston. In an able pamphlet defending Sir Edmund's gov ernment which Palmer then wrote he protests that the New Yorkers deserved from honest men better words than they had got in Boston, and predicts that it will one day appear that their greatest crimes were their fidelity to their duties, their loyalty to the laws and the church of England. A committee of the council, he says, had fixed the fees to be taken by all officials. And West swore, when afterwards examined in England, that no charge of extortion had been brought against him at the time of his imprisonment in Boston.

On July 28 the royal orders regarding the consolidation of the colonies were published in New York. On the 30th the council resolved that because of these orders the collection of the new tax of £2556 should be postponed. On August 2 was dated the last legislative act of the old government — an Act to Prohibit Shoemakers from Tanning Hides; and on the same day Dongan issued the last of his land patents, to the town of Huntington on Long Island.

On August 11 Sir Edmund Andros, governor-general of a Dominion embracing what had been seven colonies or prov inces, the regions called New Hampshire and Maine which had once been under Massachusetts, and the Narragansett lands called the King's Province, entered the city on Manhattan where from 1674 to 1681 he had borne rule over one province only. He came through New London — that far in the saddle, and the rest of the way by sloop or partly by sloop and partly in the saddle across Long Island. He brought with him the acting secretary of the Dominion, John West, and a number of the New England councillors. Outside the city he was received by its militia, a regiment of foot and a company of horse. At once his commission was read in the fort and in front of the City Hall. By proclamation he announced that all taxes were to continue as before and that all officials were to hold their places who had not been re moved by the king, which seems to have indicated all except Governor Dongan and, presumably, the secretary of the prov ince.

As instructed by the king Andros caused the seal of the province, the seal that the king had given it only two years before, to be broken in the presence of the council. Hence forward the Great Seal of New England was to serve in its stead — as the event determined, for an even shorter period. This was described in the receipt that Andros had given for it in 1686: Engraven on the one side with His Majesty's effigies standing under a canopy, robed in his royal vestments and crowned, with a sceptre in the left hand, the right hand being extended towards an English man and an Indian, both kneeling ; the one presenting the fruits of the country, and the other a scroll, and over their heads a cherubim holding another scroll, with this motto — Nunquam libertas gratior extat, with his Majesty's titles around the circumference; there being on the other side the King's Arms with the Garter, crown, supporters, and motto, and this inscription round the circumference: — Sigillum Novce Anglice in America.

Nunquam libertas gratior extat was a truncated quotation from Claudian's panegyric on Stilicho which, when completed by the words quam sub regio pio, informed the Protestant Americans whose liberties the Catholic Stuart had just taken away that 'Never is liberty more agreeable than under a pious king.' A search made some fifty years ago among the archives in England, at Boston, and at Albany revealed no impression of this seal, but there is one, unfortunately broken, in the keeping of the New York Historical Society. It is appended to a commission signed at Boston in August, 1687, by John West as deputy-secretary and constituting Joseph Dudley and others a court of admiralty. The general design of the seal was followed when later provincial seals were bestowed. All those given to New York showed on one side the royal arms, on the other the monarch receiving tribute.

New York was now also to use the flag recently bestowed upon New England. The English flag bore at this time only the cross of St. George, the diagonal St. Andrew's cross of Scotland being added when the legislative union of the two kingdoms was effected in 1707; and the colonial ensign was a square flag with a St. George's cross, red on a white ground, in the centre of the cross a royal crown and the cipher "J.R." Another order, which not only afflicted sentiment but also presaged much practical inconvenience, said that the public papers of all the colonies now united should be removed to Boston and that all deeds and wills should there be registered.

On August 15 Sir Edmund took over the government of East Jersey, authorizing the governor, Andrew Hamilton, to act as his deputy, and on the 18th the government of West Jersey. Thus the name New England was extended from the St. Croix River at the northeast to Delaware Bay at the southwest. In no part of this wide Dominion had the people any secured political rights or liberties except the right, always understood in regard to the colonies, to be governed by laws not repugnant to those of England, and the liberty, specially bestowed by their Catholic king upon all excepting Catholics, to worship God in Jesus Christ as their consciences might counsel.

to deal with a When James II thus consolidated many of his American plantations he was almost at the end of his tether as king of England. Aided, like his brother in his latter years, by a ser vile judiciary he had so outraged law and public sentiment in matters political and ecclesiastical, and had so moved his people to apprehension of further outrages, that they were close to the point of rebellion. Although he did not debase himself before Louis of France as Charles II had done, the friendship between the two monarchs threatened to strengthen James in such a degree that he would be able to deal with his kingdom as he might choose; and how he would choose had plainly been presaged, it was thought, by Louis XIV when he revoked the Edict of Nantes. Of course the voice of public sentiment in England found its echo in the colonies whenever it murmured against royal tyranny or predicted danger for the Protestant faith.

On the long catalogue of the sins committed by James II against liberty, law, and justice one of the blackest, to the mind of most of his colonial subjects, was the consolidation effected in 1686 and 1688. It should not, however, be placed upon this list without many qualifying words. Arbitrary though it was, unjust from many points of view, and distress ing and disheartening to the colonies involved, it was not actually illegal, for New York and Plymouth had no char tered rights and the other colonies or their proprietors had in one way or another exceeded the powers that their charters gave them or at least, as was the case with East Jersey, had constantly and openly transgressed the Navigation Acts. Nor, of course, was the consolidation in all respects unwise even from the American point of view. There are good reasons for believing that James intended to establish Cathol icism in America as well as at home, and this would indeed have been both tyranny and folly. But, as Blathwayt wrote to Randolph, it was generally believed at the time by those concerned with colonial affairs that the union `besides other advantages will be terrible to the French.' Certainly the tale of the long after years when the colonies, independent of each other, were by no means terrible to the French proves that some sort of union which would secure administrative con cert in military affairs was highly desirable; and Englishmen at home could not understand that in regard to military mat ters a union might be too close, that actual consolidation would have its own element of danger. They could not picture to themselves the great extent of the colonies, the difficulty and tediousness of their means of communication facts which meant, as the reconstructed government of New York explained to the Lords of Trade in 1691, that in case of war one end of the Dominion of New England 'might have been destroyed before the other end have notice of it.' The `other advantages' referred to by Blathwayt — con cord, economy, and strength in the conduct of all civil affairs and especially in the administration of the Navigation Acts would have been disadvantages from any colonial point of view under a king as despotic as James II meant to make himself. It is hard to say whether under a king who would have permitted government by assembly they would or would not have outweighed certain attendant evils : for ex ample, the loss of the local pride, local ambition, and local spirit of initiative which are highly desirable in young com munities.

This meant that intelligent New Yorkers believed what nine Protestants in ten throughout England then believed but no one believes to-day — that the queen had not been pregnant, and that the Prince of Wales, whom Dryden Even their new municipal charter cannot have seemed safe to the people of Manhattan, for no city magistrates were appointed or elected in this autumn of 1688. All were con tinued in office according to the general edict recently issued by the governor in council. In November the assessors brought in a valuation of the property owned in the city. The total for the six wards was £78,231. The South Ward was the richest, its inhabitants possessing £29,254; the Dock Ward stood next with £16,241; for the West Ward as for the East Ward the amount was about £9600, for the North Ward £7625, for the Bowery Division of the Out Ward £4140, and for its Harlem Division £1723.

As soon as possible Andros took up Dongan's important work at the north. Starting for Albany by the end of August he there convoked in the City Hall a great council which sachems of all the Five Nations attended. 'Brother Corlaer,' they called him. 'Father Corlaer' was the term he would rather have had them use; for he told the sachems, as he had already told Denonville, that they were subjects of the king of England and upon pain of deprivation of all supplies must make no treaties without his own sanction. Fort Niagara, Denonville sent him word, had been demolished and aban doned. This was a triumph for Dongan. And Dongan's spirit, Denonville wrote home, had entered into the heart of his successor who, although 'less passionate and less inter ested,' might by his `suppleness and smoothness' be quite as dangerous as Dongan by his 'violence.' When Andros returned to Manhattan he ordered a careful examination of the defences of the city. A phenomenal build ing Fort James must have been in its proneness to rapid de cay. In 1674 Governor Colve finding it in a wretched had left it in an excellent condition. Andros had written in 1679 that he had again repaired and 'impregnably fortified' it, Dongan in 1687 that he had found most of its guns dismounted and had been forced to repair it in almost all its parts. And now in 1688 a report twelve pages in length drawn up by Mayor Van Cortlandt, Nicholas Bayard, and three others said that even the stone wall of the fort was in no more than `indifferent good condition' while the stockade was gone and the rest of the fabric and the military buildings were almost in ruins. The battery in front of the City Hall had been `mostly washed away by the sea,' the gates and half-moon batteries of the city wall were 'ready to fall down,' guns and carriages were out of repair, and of military stores there were practically none. The coast of 'fortifying the city anew' could not be computed unless some 'artist' should make a careful survey, and no such person could be found in the city.

A number of the troopers who had been drafted from the militia of the several New York counties for service at Albany petitioned Andros at this time, saying that they had had only fivepence a day for their food and begging that, as expenses in America were so great, they might receive, not the sum that Dongan had designated, but two shillings and sixpence a day.

In October, called back to Boston by reports of Indian troubles in Maine before he had had time to set the affairs of New York wholly in order, Andros put Lieutenant-Governor Nicholson in control of the province as his commission pre scribed. All or a great part of the public papers of New York Andros carried with him to Boston where they remained until 1691. Many of the gaps now to be deplored in them were doubtless due to this migration.

After this month of October no sessions appear to have been held by a `court of lieutenancy' which, composed of the offi cers of the militia with its colonel, Nicholas Bayard, as presi dent, had been charged with the regulation of its affairs.

During all these changes Colonel Dongan was living in re tirement on Long Island, on a farm given him by the towns of Hempstead and Flushing in return for the renewal of their patents. It appears from letters which he wrote to Andros and others that he meant to depart in September but re mained because, in answer to his appeals that his accounts might be audited, the new government declared itself incom petent in the matter.

Before the end of the year Governor Andros went from Bos ton with some eight hundred men to Maine where the Indians were dangerously active. There he received news which, when it was spread among the people, shattered in pieces the Dominion of New England.

Once at least Charles II displayed the gift of prophecy. If his brother James, he then told the Prince of Orange, should come to the throne he would not hold it 'four years to an end.' In fact, when James II was driven from the throne he had held it three years and less than eleven months.

He had perceived the danger that his people might rebel and seek the aid of William of Orange, his nephew and the husband of his eldest daughter. And, although he did not regard it as a peril serious enough to be allowed to check his progress toward his goal of absolutism, he had recalled the troops lent to the United Netherlands and, with the help of French money, was preparing a fleet to be used against them. The belief of his people that he had foisted upon them a prince who was no prince brought on the crisis which in any case could not have been long delayed. In July seven of the chief men of England, belonging to more than one political party and encouraged by other Tories as well as Whigs, secretly sent to the Prince of Orange an invitation to come as a leader in arms to defend the liberties of Great Britain and the Prot estant faith. The great aim of William from the beginning to the end of his life was to crush the power of Catholic France. In no way was he so likely to accomplish this as by securing so much power in England as might enable him to bring into a great coalition against France the island kingdom which under the Stuarts had been its tacit ally. With the sanction of his country he now undertook the dangerous task that had been offered him. Aided by English refugees he prepared a fleet and an army. On November 5 he landed at Torbay. On the 28th, when great numbers of Englishmen had joined his standard, the king's army retreated before him from Salis bury. On the 18th of December he entered London. With his connivance James fled from the kingdom, to find a wel come with Louis XIV and a stately asylum at St. Germains. And thus the way to the throne was opened to the Prince of Orange who but for the flight of James could scarcely have hoped for more than a regency.

Provisionally, the direction of affairs was at once confided to him. Early in February a Convention Parliament, so called because of the irregular manner in which it was summoned, framed the famous Declaration of Rights which, enacted be fore the end of the year as a Bill of Rights by a parliament regularly constituted, then became part of the law of England. Accepting its provisions, on February 14 William and his wife Mary were proclaimed King and Queen of England and all the territories thereunto belonging — equal in rank and dignity but unequal in power, for to William alone was intrusted the administration of the government. On March 1 a great majority of the Lords and Commons and of the clergy through out the kingdom took the oaths of allegiance. On April 11 the new sovereigns were crowned, the king but not the queen seated in the chair of St. Edward. On May 11 they took the coronation oath as sovereigns of Scotland.

Echoes of this great revolution rang all along the American coast, but not at once for news crossed the Atlantic seldom and slowly in the autumn and winter months. In Massachu setts and New York the conditions were most favorable for an imitative revolutionary outbreak; and, as it chanced, Massachusetts was late, New York was still later, in receiving from the new government in England instructions that should have prevented or quickly ended any public disturbance.

In January, before he was offered the crown, the Prince of Orange had issued a circular letter to colonial governors directing that, until further commands were sent out, all officials who were not papists should continue at their posts and obey the orders that might recently have come from the mother-country, that all persons should yield them obedience, and that justice should be administered as before. This letter justified colonial officials in continuing to govern in the name of James II, for there had been no demise and as yet no transference of the crown. It was sent at once to the gov ernor of the royal province of Virginia but not to the governor general of the Dominion of New England. Increase Mather had been for some time in England urging upon James the restitution of the New England charters; William Phips had recently been sent out to his aid; and they induced the Prince of Orange to delay the despatch of his instructions. Should he get the crown, they believed, New England would get back its charters; but any confirmation of the powers of Sir Edmund Andros would mean delay and obstruction.

On February 14, the day of the accession, the new king by proclamation confirmed in office all persons being Protestants within his kingdom and appointed his privy councillors. Two days later he selected from among these councillors, as Charles II had done, the members of a Committee for Trade and Plantations, directing them to draft at once for publication in the colonies a proclamation announcing the accession and continuing for the present all incumbents, civil and military, in their offices. This command, it should be noticed, made no distinction, as did the one issued in January and the one relating to the kingdom itself, between Protestants and Catho lics. Probably William now understood that no such dis tinction could lawfully be drawn for the colonies, where the Test Act had never been in force. Again he directed that no instructions should yet be sent to New England; and to the new Lords of Trade he referred a petition from Mather and Phips asking for the removal of Andros and for the res toration of the ancient privileges of Massachusetts, Con necticut, Rhode Island, and Plymouth. The Lords of Trade decided that a governor should be sent to replace Andros with a provisional commission and directions that no money be raised by act of the governor and council only; and that as soon as possible there should be framed a lasting form of government which would preserve the privileges of the people and yet secure their due dependence upon the crown. The agents from Massachusetts again prevailing upon the king to delay, on February 26 he directed that a draft of a new charter for New England be prepared and that two commis sioners be sent to proclaim their Majesties and to administer the government temporarily. Thus William and his advisers showed a desire to respect the liberties of his colonial subjects and at the same time to secure the benefits implicit in James Stuart's policy of consolidation.

Consolidation was not what the New Englanders wanted. In March, largely through the exertion of their agents, parlia ment passed a bill restoring all corporations, in the kingdom and in the colonies, to their condition before the accession of Charles II in 1660. This bill William vetoed as an infringe ment of the royal prerogative. Mather then secured from him two promises : Andros should be removed and called to ac count for his alleged misconduct, and the accession might be proclaimed in New England by the 'former magistrates.' In April Phips set sail for Boston bearing these promises and the delayed instructions for Governor-General Andros. Much had happened in Boston before he arrived.

Before anything at all had happened in England, rumors and more than rumors that great events were impending crossed the sea. Increase Mather advised his friends to prepare the minds of the people for 'an interesting change.' In December a ship from England brought news of a probable invasion by the Prince of Orange and a Dutch army. King James issued to all colonial governors a proclamation warn ing them to be on their guard against a possible Dutch at tack and to summon all the subjects of the crown to unite in defence of king and country. And the words of this procla mation Andros embodied in one which he issued from Perna quid in January, 1689.

The news that William had actually landed in England on November 5 reached New York by way of the West Indies sooner than it reached Boston yet not until February 5; and not until it came again, from another source, on March 1 did lieutenant-Governor Nicholson send it on to Andros. Mean while on February 23 John West wrote from Boston to Fitz John Winthrop that he had recently come from Pemaquid leaving Sir Edmund there. Winthrop, he supposed, had `long since heard of the invasion intended from Holland' as announced in the proclamation which King James had sent out for publication and which West now enclosed. Seven days before he wrote, news of the landing of the Prince of Orange had come from Barbadoes and it had since been con firmed by another vessel from the West Indies. All was well in Boston, he added, . . . save that some ill spirits appear in scattering and publishing seditious and rebellious libels, for which some are in custody.

Very different persons were soon to come into custody. When Sir Edmund, summoned by Nicholson's letter from New York, returned to Boston late in March he wrote to Brock holls, whom he had left in command at Pemaquid, that he found `a general buzzing among the people, great with ex pectation of their charter or they know not what.' Before the end of the month they knew that James had fled from his kingdom. On April 4 a ship from the West Indies brought copies of a declaration in which the Prince of Orange, im mediately after he landed at Torbay, had explained his pur poses to the people of England. Signs of disturbance grew so evident that Andros retired to the fort. On the 18th the Bos tonians rose in arms and seized the `castle' on an island in the harbor and a royal frigate that lay there; and their lead ers, members of the old colonial government, published a dec laration setting forth the reasons for the uprising. Andros surrendered and was put for safe-keeping in the town jail with thirty or more of his chief supporters. Some were soon re leased. Others were voted unbailable as public offenders guilty of misgovernment, and among these were Andros him self, Randolph, Dudley, West, Palmer, and Graham. It was assumed that the declaration of the Prince of Orange and the changes in England had made King James's commissions null and void.

Thus decapitated, the Dominion of New England died and disintegrated. In Massachusetts a council of safety managed matters until May 24 when by act of an elected convention the old government was revived as it had existed under the old charter, the delegates from forty out of fifty-four towns so voting. Then the officials chosen at the last election, in 1686, resumed their places with Bradstreet in the governor's chair. Plymouth Colony also restored its former constitu tion and its former governor, Thomas Hinckley; and Con necticut and Rhode Island, reviving their cherished charters, reinstated their old magistrates, with Treat as governor in Connecticut and Allyn as secretary.

All this happened before the news of the accession of Wil liam and Mary or any official despatches came. On May 26, however, the seating of the new sovereigns was announced, and on the 29th Phips arrived with the despatches addressed to Andros. They were not delivered to him. They were opened by Phips, and on the same day their Majesties were jubilantly proclaimed — the most joyful news, as Hutchinson recorded almost seventy years later, that had ever been published in New England. Articles of impeachment were drawn up against Andros, Dudley, Randolph, Palmer, West, Graham, and two others, and the bail that was offered for them was refused. It was believed that if given his freedom Sir Edmund would try to hold the Dominion of New England for James Stuart; indeed, his Pemaquid proclamation was construed as an order to this effect.

And Dudley wrote from his prison to Cotton Mather that some persons had declared that his reli gion was 'tainted or shaken with popery,' he having hoped thereby to obtain the favor of James Stuart. How the same overcharged dread worked in New York will be told with more detail.

Only in one colony to the southward of New York did the news of the changes in England provoke serious disturbance. This was in Maryland where a belief in a Jesuit plot between the French and the savages for the destruction of the Protes tants caused a wild terror during the latter months of 1688. In the spring of 1689 the Protestants, not knowing that a messenger sent by Lord Baltimore with orders to proclaim their Majesties had died on the journey, alarmed by the delay, and fearing an immediate attack by sea, organized under the leadership of John Coode a league in arms to defend their own faith and the rights of William and Mary. By September Baltimore's governor was overthrown without bloodshed, a new assembly was elected, the new sovereigns were duly pro claimed, and trouble was at an end.

The same unfortunate messenger had carried the orders addressed to Pennsylvania. Consequently this province was governed in the name of James II until November when Wil liam and Mary were recognized. In Virginia it was thought for a time that neither king nor government existed in Eng land and, as in Maryland, there was great fear of a French fleet and of Catholic treachery. Yet here, the orders sent by William himself arriving promptly, his accession was pro claimed sooner than anywhere else on the American main land — on April 29, just a month before the ceremony took place at Boston. In Carolina also the change was recognized quickly and quietly.

The delay in sending instructions to New England which permitted if it did not occasion the uprising at Boston worked diversely in those parts of the Dominion which had not, like the colonies of New England proper, old forms of government that could be resuscitated to the people's satisfaction. The Jerseys were without a general government of any kind from the summer of 1689, when Andros's deputy, Governor Hamil ton, returned to England, until the summer of 1692, but their town and county officers kept their places and, although some persons made a weak effort to join in the uprising in New York, there was so little disturbance that Samuel Smith, who in the eighteenth century wrote the first history of New Jersey, did not even mention this episode. In New York, on the other hand, the disturbance lasted longer than in any other colony and came much nearer to civil war.

although they soon passed into a revolt, they can hardly be considered either a rebelion or a revolution in the same sense as the movements in Massachusetts and in Maryland, for the branch of his government that Andros had established on Manhattan proved too weak to deserve the name while, on the other hand, the New Yorkers were not inspired by a desire to restore atecedent political conditions or by a wish to construct new conditions for themselves. A mojority among them believed that their province was in danger from internal and external foes and determined to defend it on behalf of the new sovereigns whom they hailed with a passionate loyalty as its saviors. Their uprising, prolonged by the delay of orders from William and by the vagueness of those that first arrived, developed as its initiators had not foreseen. Op posed by a strong minority, in the words of William Smith it `threw the province into convulsions.' It ended in a tragedy. And it so planted and watered and fostered political animosi ties, personal hatreds, and the feuds of cliques that for many after years New York constantly tasted of its bitter fruits.

While it is hard to name this troubled period it is not easy to disentangle an impartial account of it from the mass of offi cial records, reports, protests, petitions, affidavits, letters, and controversial pamphlets written while it lasted and from the similar papers of later dates which refer to it, among them the records of an enquiry conducted in 1695 by the parliament of England. In spite of its bulk this material is fragmentary. Although the greater part of it has been pub lished or calendared no part has been helpfully edited. Al most all the documents are strongly partisan and many might serve as object-lessons in the arts of misrepresentation and vituperation. The voice of the people at large does not make itself heard in them as it does in the documents of Governor Stuyvesant's time. And — a great hindrance to the student — very few comments upon Jacob Leisler's personal character or specific acts have come down to us except from the pens of violent adversaries. William Smith's history gives valuable evidence regarding those matters of general sentiment, of public temper, which hearsay or tradition may faithfully preserve, but it cannot be trusted in its statements of fact. Nor do modern historians help us much. They have never told the story of Leisler and his enemies in full detail and very seldom without a bias that reflects the passions of a peculiarly passionate time.

york, england, governor, king and andros