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WEED, PARSONS & CO. .PUBLISH ERS.

1888.

Entered, according to act of Congress, in tlie year eighteen hundred and eighty-eight,

By weed, parsons AND COMPANY,

In the office of the Librarian of Congress, at Washington, D. C.

PREFACE.

The New Yokk Civil List, in its enlarged form, is substantially
a new work, a more comprehensive jjlan having been adopted, which
includes, with lists of officers connected with the public service of
the State, a constitutional history of the Commonwealth. The
growth of each department of government is traced, with the pur-
pose of showing the changes and development of the constitutional
system of the State, and of demonstrating the fact that the govern-
ment of New York is the model system of organic liberty in the
world, the natural growth of our own soil, the work of om* own
people, in a field in which they were pioneers. In the earlier editions
of the enlarged Civil List this plan was imperfectly realized in
some respects, particularly with reference to the admhiistrative
departments of government. This defect has since been partially
remedied, and further improvements are contemplated, which will
render the work complete as a sketch of the growth of the organic
law of New York. The alphabetical index has been carefully
revised, but is still imperfect. It includes all the names in the Lists,
with the residences as far as known, and the pages on which they
appear. The advantage of this index in enabling those who consult
it to trace the official history of every person at any time connected
with the Colonial or State government, or who has held a county
office, is manifest. Corrections are invited with regard to names
and residences. The Civil List for the year 1888, now in course of
preparation, will contain important new matter, including, with the
names of all officers entering upon their duties during the winter
and spring of the year, valuable additions to the text, with respect
lo the various departments of the State Government.

CONTENTS.

New Netherland: page.

discovery and settlement 3-6

Constitutional History:

origin 7

village commnnities 8, 9

clanships 10, 11

Italian political system 11-13

German reorganization 13-15

mediaeval governments 15-20

problems of the seventeenth century 20-2

American colonial systems 22-5

superiority of the Dutch ideal 25-7

development in New Netherland 27-45

political foundations of the colony 45-56

Proprietary Governments:

origin 57

manorial system 57-8

advisory councils 58-61

municipal system , 61, 2

representative conventions 62-4

Dutch and English difficulties 64-?

Dongan's assembly 67, 8

Leisler's assembly 68

English Jurisdiction 68

Constitution of the Colony:

charter of liberties 60

legislative authority 70

religious liberty 71

rights of the assembly 72-80

liberty of the press 81, 2

conflicts with the executive 82-98

iv Contents.

Constitution of the Colony — Continued. page.

control of the judiciary 99-101

usurpation by parliament 101-3

agent of the colony 103, 4

Colonial Confederacies :

from 1690 to 1765 105-7

origin of union lO*')

conflicts witli the crown 107-1* i

parties in New York Ill

union consummated 112

provincial convention • 113

committee of one hundred 114, 15

birthday of the State 115

continental cona^ress IIG

Constitutions of the State :

origin 117, IS

first organic law 118-21

federal union 121-5

convention of 1801 125

convention of 1821 126-8

questions submitted, 1825-46 128, 9

convention of 1846 129, 30

questions submitted, 1849-65 131

convention of 1867 131-33

questions submitted, 1869-84 133-5

constitutional commission 136, 7

the matured system 137

The Elective Franchise 138-45

A KMs AND Seals of the State 146-53

Fl.VANCES OF THE StATE ... 154—61

The Exkcutive:

colonial governors 162-5

State ijovernors 162-6

private secretaries 167

staff 168-70

lieutenant-governor 167-8

Contents. v

The Executive — Continued. page.

secretary of the Province and State lYO-2

comptroller 172, 3

State treasurer 173, 4

attorneys-general 175, 6

State engineer and surveyor 176-8

customs department 178, 9

Indian affairs 180, 1

department of public works 182-8

canal fund 183

canal board 183

canal commissioners 184, 5

superintendent of public works 185-7

auditor of canal department 187, 8

canal appraisers 188

State prisons 189-95

prison labor commission . 193, 4

prison labor reform commission 194, 5

banking department 195-7

State assessments 197

insurance department 198, 9

land office 199

railroad commissioners 199, 200

public instruction department 201, 2

regents of the university 202-5

State library , 206

State museum 207

revision and codification of the laws of the State 207-11

quarantine 211-19

commissioners of quarantine 216-7

health officer of the port 217-9

port wardens , 219-23

harbor masters 223-6

captain of the port 226, 7

Onondaga salt springs 227-30

commissioners of emigration 230-3

civil service commission 233, 4

board of claims 234, 5

boundaries of the State 236-8

geological survey 239, 40

State survey 240-2

vi Contents.

The Executive — Continued. page.

Adirondack survey 242-4

State parks 244-6

forest couiraission 246-8

reservation at Niagara 248, 9

the capitol 249-52

superintendent of public buildings 252

commissioners of public accounts 252, 3

State board of charities 253-5

State board of health 256, 7

commissioners of fisheries ; game protectors 257-9

commissioners of statistics of labor 259, 60

factory inspector 260, 1

dairy commissioner 261, 2

Soldiers' and Sailors' Home 262-4

commission to determine position of New York troops

at Gettysburg 264-6

board of mediation and arbitration = 266, 7

commission to determine most humane mode of

executing the death sentence 267, 8

storing headwaters of Hudson river 268

agricultural experiment station 268, 9

weights aiid measures 269, 70

State commissioner in lunacy 270

public printing 270, 1

State board of pharmacy 271

inspection of gas meters 271, 2

Commission to examine Code of Evidence 272

The Jitdiciary :

the judicial system 273, 4

court of assizes 274

court for correction of errors and appeals 275

court for trial of impeachments 275-7

court of appeals 277-80

court of admirahy 280, 1

court" of chancery 282-4

supreme court 285-301

circuit courts and courts of oyer and terminer 294^8

orphans' court 301

prerogative court 302

Contents. vii

The Judiciaey — Continued. page.

court of probates 303

surrogate's court 303, 4

county courts 304, 5

court of common pleas 306

city courts 307-9

superior city courts 307-9

town and justices' courts 309, 10

courts of justices of the peace 310

courts of special sessions 310

district courts of New York city 310

police courts 310

The Legislature :

powers of 311-4

councils 315-8

committee of safety 318, 9

■ council of safety 319

K council of revision 320

B_ council of appointment 321

■ senate 322-40

H assembly 341, 434

^X!iYiL Divisions :

general 435

counties 436-8

county judges 439-49

surrogates 450-8

district attorneys 459-69

sheriffs 470-85

county clerks 486-96

registers of deeds 497

county treasurers 498-503

superintendents of common schools 504

school commissioners .... 505-9

cities 510

mayors 511-6

metropolitan district 517-8

towns 518, 531-537, 538

villages 532-536-539

viii Contents.

Federal Government : page.

presidential electors 540-6

the president . 547-8

vice-president 548-9

senators 550

representative apportionment 551

congressional districts 652-4

speaker, house of repi*esentatives 554

representatives in congress 555-61

appointments from New York :

cabinet officers 562-575

diplomatic and consular officers 575-578

judicial officers 578-580

THE

NEW YORK CIVIL LIST,

NEW NETHERLAND.

New York bay, it is probable, was first entered by a European
vessel in the year 1524 a. d. Four vessels, which had been fitted
out by the French government, sailed from some port in Brittany,
in 1523. Two were soon disabled and lost ; and afterwards a third.
The remaining vessel was the Dalfina (Dauphine), and was under
command of Giovanni da Yerrazano, a native of Florence. It
sailed from the Madeiras in January, 1524, crossed the Atlantic and
cruised up the American coast. From the account of the com-
mander, contained in a letter to Francis II, King of France, under
date of July 8, 1524, it is inferred that in the spring of that year
he entered New York bay.

The attention of the Dutch was called very early to the advantages
to be gained by encouraging trade with the Americas. A sugges-
tion was made by William Usselincx, an enterprising merchant of
Antwerp, in 1604, to organize a West India Company, for the pur-
pose of reaping the benefits of commerce, and as the best means to
annoy Spain. The proposition was received with favor, and the
draft of a charter was prepared and informally approved. Secret
overtures for peace, however, postponed the project for some time.'

On the 10th of April, 1606, James I, King of Great Britain, for
the planting of two colonies, granted the great North and South
Virginia patent, by which leave was given to Sir Thomas Gates to
begin a plantation between the 34th and 41st degrees of latitude,
and to Thomas Henham a like privilege was conferred, between the
38th and the 45th parallels. The former began a settlement in Chesa-
peake bay in 1607, and the latter planted Plymouth in 1620.

The Dutch were very anxious to find a north-west passage around

1 These proposals resulted in an armistice, May 4, 1607. A truce for twelve years was agreed upon at
Antwerp, April 9, 1609, at the expiration of which period, in 1621, war was renewed and the West India
Company was organized.

4 New Netherland.

tlie American continent, which they thouglit would facilitate their
trade with the East Indies. They accordingly'' secured the services (»f
Ilendrick Hudson, an English commander, who sailed from Amster-
dam in the Half Moon, April 4, 1609, in the employ of the Ea>r
India Company. On the 3d of September he anchored just within
Sandy Ilouk. On the 4th a boat's crew put out to fish ; and, accord-
ing to an Indian tradition, landed on the long beach of Congei-
(Coney island), the first Europeans who trod the shore of the grciit
harbor. On the 19th he anchored near Albany, and on the 28(1
returned down the river, sailing out to sea October 4, and reaching
Dartmoutli November 1.

At the time of the discovery of the great " River of the Moun-
tains," the Manhattan Indians occupied the island called after them,
and the Monatons Staten island. Long island was known by the
name of Sewan-hcick from Sewan (shells ; wampum) and hacky or
hacking (the land) thus called because the Indians of that island
were the chief manufacturers of the aboriginal currency. The
Indians of the island were called Matouwacks. Two Algonquin
tribes were the chief inhabitants of the valley of the Hudson, the
Mineees on the west, and the Mahicans on the east. These tribes
were frequently at war between themselves, but always united against
the Iroquois, or Confederacy of the Five Nations, who inhabited
tlie country from the Hudson and Lake Champlain to Lakes Erie
and Ontario and the St. Lawrence. South of the Iroquois were the
Lemii Lenape, or Delawares. The North river was called the Caho-
hatatea by the Iroquois, and Mahican-ittick (place of the Mahicans)
by the Delawares and other Southern tribes. The Mohegans or
Mahicans, however, called it the Shatemuc. The Dutch first called
it the Mauritius, in honor of the Stadtholder, Maurice of Orange.

The discovery of the "River of the Mountains" was received in
Holland in characteristic manner. The States General made no
efffjrt for a long time to appropriate its territorial advantages, but a few
shrewd mercliants were quick to seize upon the opportunities for
trade it afforded. For three years after Hudson's return the little
round-prowed vessels of the Dutch busily travei-sed the Mauritius.
The chief station was on Manhattan island ; though only a fort and
one or two Hinall buildings had been erected — and perhaps not even
these until IGia.

Foremost in these trading entei-prises were Hendrick Christaeneen,
Adriaen Block and Cornelis Jacobsen May. Christaensen and
Block e<juipi>ed a vessel together in 1611. In 1612, several mer-

Discovery and Settlement. 5

chants fitted out the ships Fortune and Tiger, and placed them under
their commands, respectively. Other merchants joined in the trade
in 1613. Block spent the winter of 1613-14 on Manhattan island,
where he built a vacht of sixteen tons, the Onrust (Restless) — the
first vessel built by white men in its waters. In the spring (1614)
he sailed through Hellegat,' and discovered the Housatonic and
Connecticut rivers, going up the latter a long distance, and naming
it the Varsche (Fresh Water) river. He then thoroughly explored
the Sound, demonstrated for the first time the insular character of
Long island, discovered the great Narragansett bay, and made his
way up the New England coast as far as the bay of JSTahant, which
he called " the limit of New Netherland." Block island derives its
name from him ; but was called " Yisscher's Haeck " by the Dutch.
This island was seen by May before Block visited it. May, also, in
1614, explored the southern shore of Long island, and the Atlantic
coast to Delaware bay. The same year Captain John De Witt, in
the Little Fox, sailed up the North river, and gave his name to one
of the islands near Red Hook. In this year, also, Christaensen
established the first great trading post upon the Aver. It was built
upon Castle island, near Albany, and was called Fort Nassau, in
honor of the family of the Stadtholder.

Meantime, the English asserted their title to all the territory
covered by the Virginia patent, and in 1613 Captain Argel was sent
out by Sir Thomas Dale, Governor of Virginia, to dispossess the
French at Port Royal and St. Croix. On his return, in the month
of November, he " visited the Dutch on Hudson's river, who pru-
dently submitted for the present ; " ^ Christaensen, the Superintendent,
agreeing to pay tribute in token of dependence on the English crown.

The States General, for the purpose of protecting the merchants
engaged in the trade with Mauritius river, granted a decree March
27, 1614, framed in general terms, by which any discoverers of " new
passages, havens, lands or places " should have " the exclusive
right of navigating to the same for six voyages," provided they
reported their discoveries within fourteen days after their return to
Holland. On the 11th of October following, the United New
Netherland Company was given by charter the monopoly of the trade
to the American region, " between New France and Virginia, being
the sea coasts between 40° and 45°," then first officially called New
Netherland ; and no other Dutch citizens were to be permitted to
*' frequent or navigate " those " newly discovered lands, havens or

1 East river ; named Hellegat (corrupted into Hell Gate) by Block, after a branch of the Scheld.

2 Smith's History of New York.

6 New Netherland.

places," on " penalty of the confiscation of vessel and cargo, besides
a tine of fifty thousand Netherlands ducats." The charter expired
of its own limitation January 1, 1618. The three years were pros-
perous, but trade rather than the country was developed.

Hendrick Christaensen was murdered by an Indian soon after he
had finished the trading house and defenses at Fort Nassau, and was
succeeded in command by Jacob Eelkens, who had been a clerk in
Amsterdam, A serious freshet on the island in the spring of 1618
caused Eelkens to remove the trading post, early in the summer, to
the mouth of the Tawasentha (place of the many dead) where was
an ancient Mohawk village and burial place of their dead.' A fort»
was built by Eelkens on the bluff, called by the natives Tawaesrxin-
shea, and here a little later he concluded the first formal treaty of
friendship and alliance with the Indians. The treaty of Tawasentha
was faithfully observed by the Iroquois, Mahicans, Delawares, and
North River Indians who were parties to it.

The great West India Company was chartered" June 3, 1621.
Its patent forbade any and all inhabitants of the United Netherlands,
for twenty-four years after the first of July, 1621, to sail to the
coasts of Africa between the tropic o^ Cancer and the cape of Good
Hope, or to those of America between the banks of Newfoundland
and tlie straits of Magellan, except in the service of the West India
Company. It could exercise all the functions of government in the
Dutch territory of America ; and was only responsible to the States
General for its acts as shown through its own reports. The affairs
of all the region of New Netherland were placed in charge of the
Amsterdam chamber ; and the company formally "took possession''
of the country in the spring of 1622. The managers adopted arti-
cles of internal regulation, which were approved by the States Gen-
eral June 21, 1623. whereupon the subscription books M^ere
closed. Meantime, Sir Dudlev Carleton, Eno:lish ambassador at the
Hague, pi-otested against the encroachments of Dutch fur traders
upon the new Colony of Plymouth. The protest was stifled.

Under its charter, the company was required to " advance the
peopling of those fruitful and unsettled parts." Tliis was com-
menced in ^[arch, 1623, when a number of thrifty "Walloons"
sailed from Ilcdland in the ship New Netherland, under command
of the company's first regularly appointed Director, Captain Cornelis
Jacobsen May.

1 AlbiTt Aiiilri<-sjti-n Hra<ll, n iintlvo of Pcnninrk, Rurnninnl the Norman, settled tliero In 1630 ; and hence
the Dutch came to call the little stream, the Norman's kill.

2 For the charier in full »ee O'CulluKhun's New Netherland, vol. I. Appendix A.

CONSTITUTIONAL HISTORY,

In order that we may rightly understand the growth of free insti-
tutions, it is desirable to consider the origins' of the systems of
local and general administration which prevailed under the Dutch
government, the extent and manifestations of popular power in
New Netherland, and the legacy of liberty bequeathed to the col-
ony of New York. This cannot be done without tracing the con-
stitution of Aryan society back to its beginning in Central Asia, and
following the streams which, pouring thence, flowed along the natu-
ral channels of migration until they reached the valley of the Hudson
and the plains of Long island, and there mingled and crystallized
their accumulations. Our argument is based on a theory of political
evolution, which renders it necessary to summarize familiar historical
facts, in order better to enforce both theory and argument. The
theory is, that political systems, like individuals and other natural
organisms, have grown, matured and died ; that during this develop-
ment and dissolution, seed was produced, deriving its character, like
other germs, from that upon which it fed during the period of its
inclosure, the seed becoming in its turn the nucleus of another
organism. As the perfection of humanity consists in the dae
development of each faculty, and the correlation of all in one har-
monious unity, so the perfection of political organization consists
in like development of each fnnction of government and their con-
solidation in one harmonious and indivisible whole, to the end that
. every individual and all classes may find complete security and
ample room for growth under the protecting care of Law. This
perfection was first attained in New York, through the operation of
the law of political evolution we have formulated, and the system
thus evolved is unique in this, that while under all other forms of
government oppression is possible through the operation of their
methods, it is impossible here without destroying the system itself.

1 It Is due that special indebtedness be acknowledged to Maine's Village Communities, Mommsen^s
History of Rome. Leckv's Historv of European Morals, Hallam's Historv of the Middle A,?es, Green s
History of the English People, Motley's Rise of the Dutch Republic, History of the United Netherlands,
and Life of John of Bameveld, O'Callaghan's History of New Netherland, and Brodhead's History of New
York. Many other works have also-been consulted.

8 Indian Village Communities.

The family is tlie social unit. Only by recognizing the fact that
the patriarchal preceded the village system, can we understand the
jealousy with which the privacy of home is preserved in India, the
sacredness of the German home, with the sanctions of despotic power
in its head, and the English proverb that a man's house is his castle.
These are all remains of the time when families gathered in com-
munities, and the community guaranteed the sovereignty of the
patriarch who nilcd absolutely, yet as a father over family and ser-
vants. The village community was an aggregation of these social
units.

India is to-day divided into a vast number of these independent,
self-acting organized social groups. Indian customs have for their
object the security of these organizations, not only for the community
as a whole, but for the various trades and callings which are pursued
therein — the trading and manufacturing guilds, as well as cultivating
associations. It is pertinent to our inquiry to note that in those
parts of India in which the village community is the most perfect,
and the clearest signs of original equality of proprietorship in the
soil prevail, authority is lodged with the village council, which is
always viewed as a representative body, and not as a body possessing
original and inherent power. Whatever the real number of mem-
bers, the village council always bears a name which recalls its ancient
constitution of Five persons. No sach thing is known as command
or law. The coimcil of village elders merely declares what has always
been. It does not decree or enforce what some one else has com-
manded, either by divine or human authority. Custom is the only
law. Antiquity is sufficient reason for obedience. No penalties are
inflicted, the general disapprobation being regarded as sufficient pun-
ishment for disobedience, in the rare cases in which the conclusions
of the elders are not accepted.

The ancient German cultivating community held a district of
country divided into three parts— the village, the commons and the
cultivated area, appropriated in lots to the several families, but tilled
under direction of the community and periodically re-distributed.
There is no country inhabited by an Aryan race in which traces of
this redistribution do not exist. It has continued to our own day in
the Russian vilhiges. The Hindus preserve traditions of it. It
was the source of usages which have survived until the present time
in England and Germany. If very general language is employed, a
(lescription of the German and Scandinavian village communities
might serve as a description of the same institution in India. Hindu

German Tillage Assemblies. 9

and ancient European systems are substantially identical in all essen-
tial particulars, except one.

The most advanced radicalism springs out of the most stubborn
conservatism, and re-acts into it. The veneration for ancient tradi-
tions and jealous protection of ancient customs, which characterized
our Aryan ancestors, forms the sentiment from which all our liber-
ties have originated, and indicates the manner in which they have
been preserved. The primitive Aryan community would permit no
variation from the ways of the fathers, except such departure as was
forced by exterior power or internal necessity ; of the latter of which
the land-owners, and not the elders, were the judges. Thus, the will
of the conqueror and the will of the freemen were the only forces
competent to effect a change from time-honored methods. The
necessities of their situation forced the Germans to abandon the con-
servatism still maintained in India, and to enter upon a new line of
progress, which has had the most important results in the elevation
of the human race. So long as the village council had no other duty
than the judicial one of intei-preting and explaining the customs of
the fathers, there was obviously no call for a deliberative assembly.
But when new conditions compelled the consideration of change, the
freemen were assembled to decide upon it. India has nothing like
the German popular assembly, because India has no need of it, in
the opinion of the people. Tlie Germans had their own assemblies,
because the problems connected with migrations, war and settlement
presented questions which only the entire community could deter-
mine. Land-owners only were freemen, although no man was a
slave ; land-owners only had political rights, and these rights were
jealously protected. Absolute sovereignty inhered only in the body
of freemen in each of their independent villages, who met together
from time to time to frame laws and administer justice. While the
Witan, or Wise Men, were by common consent left to determine
formally the questions of war and peace, and of internal administra-
tion, they were necessarily controlled by public opinion ; that is, by
the conclusions reached in the popular assembly.

The Rhine was the natural boundary line between the Germans
and the Kelts, who occupied Gaul and the British Isles. Certain
I tribes of Kelts and Germans doubtless coalesced, in pre-historic times,
on the left bank of the lower Rhine ; and this commingling must
have had important beneficial results in the progress of mankind.
There are certain characteristics of the two races which it is ad-
visable to consider, in explanation of these results. The German
2

10 The Germans and the Kelts.

was his own priest ; the Kelt ministered at the altar of a consecrated
authority. The German was his own lord ; the Kelts were governed
in time of peace by the Druids, who took advantage of the spiritual
earnestness of the Keltic nature to punish disobedience by exclusion
from the sacrifices, which was a terrible punishment to the condemned.
The Druids were ecclesiastical despots ; the Germans permitted no
dictation in religion. The German served his God ; the Kelt wor-
shiped him. The German abhorred towns ; the Kelt instinctively
preferred them. The German village assemblies elected their own
magistrates ; the Kelts were ruled by their nobles and priests. The
German princes or chieftains were really generals, and their armies
consisted wholly of volunteers ; the nobles among the Kelts elected
annually a prince or chief-governor, w^ho was the executive of the
nobles and priests, and the commander of the armies when sum-
moned to battle. The clan was a predominant feature among the
Kelts; while among the Germans it had been superseded by volun-
tary associations, serving the same purpose of mutual protection,
while preserving individual independence.

What are known as Indo-European races are thus seen to have been
divided into two radically different types, which we will term here
the Aryan and the Keltic. We adopt the word Aryan because its
Sanscrit signiiication exactly expresses the theory of government we
are endeavoring to trace. In Sanscrit the Aryan is the excellent
householder.' Its root, also, may connect it with agriculture, while
the Kelts were a pastoral people. There were diversified develop-

1 All the familios of man now associated under a common government in this State trace their ancestry
back to u common home on the great )datoaus of Central Asia. The words in their various languages which
can be shown to have a common origin are words of peace, words of home, words of rural occupation.
War, foreign Intercourse and the sea gave birth to different words among differing peoples. The word
Aryan is connected bv gome with the root ar (Lat. arara, to plough) as if to distinguish a people who were
tillers (ciiriTJ!) of the earth, from the purely nomadic Turcomans or Turks. Hence we would derive the
Greek iiri or arixlox (the best)— that i.s. In the origin of the word, the best ploughman or tiller of the soil;
and thus aristocracy, or the government of the best, would have meant originally the government of the
bi'sl fanners or land-owners. The root is common to the old German, the Sclavonian. Lithuanian, Keltic.
Italian and Greek languages, in various forms related to agriculture. These peoples surrounded the great
central Aryan State, on the north and west. The word Aryan is eommoidy derived, more directly, from
arrua, excellent ami householder. Thus the Aryan was the excellent householder : and the term is used
in the Sanscrit books in the sense ol " the illustrious," the " land of the illustrious," or of "heroes." In the
Rig-Veda, allusion Is made to towns and cities, to mighty kings and their great wealth. Besides agricul-
ture, various useful arts were practiced by the people, as the art of weaving, of fabricating cars, golden
and iron mail, and goldi-n ornaments. The employment of the needle and the use of musical Instruments
were known. They were fanilllar with the ocean, but gave a different name therefor than the Europi'an
branches of the family. We may look to the Chinese for contrasts and resemblances, recording the pro-
gress of eastern civilization. The Chinese are unsocial ; live in families; have no parlnei-shipsorconiblna-
tiouH ; no great mlildling class : no independent and prosperous land-owners. Their land is subdivided into
snntll holdings; tlieri' are mandarins and literati on the one side and millions of industrious poor on the
othi-r: wi'alth is not ile>|red; all honor is reserved for imbllc employment and learning, and they are very
inKi'iiimis. In the ritie> there are guilds and iLssocHations, and in the country village comnninities elect
their (dders. .\mong similar communities in the original Aca. there arose a body of learne<l men or priests.
Hindu law < onsi-ts nf a very gri'al ininiber of local boilies of usage, and of one set of customs reduced to
wrilMig by the prli'>ls. and claimed to have been given to .Mann by the Supreme Being. These Institutes of
Mann, thus preti'nding to divine authority, had the Brahmins for interpreters. This written Codi^ has evi-
dently Imimi •.uper-lmiMised upon the more ancient customs. It iussumes the existence of king and Judge,
«Md the pn- valence of the virtues and vices of civilization. In north-eiustern .\>\t\. were the great Mongolian
warrior irilMt who under the name of Hum--. Turks, etc., made llerce Invitsions westward from lime to time.
Furl her weslwanl. and north of the Indo-Kurojie.in (Aryan) races, were the Mongolian Finns. Far in the
boutli-west corner of F.urope. weri' tin- ancient IlMTlans, iiaving lurious links with the Finns, and who were
1 rowiled back as till- Kelts pressed toward the Atlantic coast. To the east of the Kelts wi're the Sclavio
trlbc-H, nearest of km to the Sanscrit branch of the Aryan fandly,and north of these were tlie German
pcoplen.

Italian Political Systems. 11

ments from the most primitive Aryan system. There were some
small states, in which a more persistent form of patriarchal govern-
ment had entailed a kind of hereditary paternalism. The prevailing
type, however, was democratic or republican, as in Greece. The
most perfect development of the republican type, among Aramean
races, was the government of Carthage, which was rather a govern-
ment of capitalists. On the Italian peninsula, the Etruscans so
pressed upon the Italians as to result in compelling the latter to ef-
fect a more perfect organization. The Etruscans maintained the
independence of the clan, and their confederacies were very loose,
having no common central authority. Their nobles were their
priests, and there was a strict line of demarcation between them and
the common people. Hence they formed a variety of the Keltic
type of government.

Latin political history begins with the existence of clan-districts,
hamlets or villages. These clanships became integral parts of a po-
litical community called cantons, analogous to our townships. These
cantons were independent, and were governed by a prince, with the
co-operation of a council of elders and an assembly of warriors.
This earliest constitutional scheme was a primitive institution com-
mon to all the Latins, and probably originated long anterior to the
separation of the stocks ; and seems to be a logical development
from the common Indo-German root. The cantons were associated
in what is known as the Latin League. It was a fundamental prin-
ciple with the ancient Romans, who were deeply religious but
thoroughly utilitarian, that the priests should be powerless in the
State ; the State regulating its religion for itself, and each burgess
controlling his own sanctuary and methods of worship. The
burgess was the head of the household. The Roman commu-
nity was originally constituted by the union of a number of village
clanships, and whoever was a householder in one of these clans
was a burgess of Rome. The king was the holder of executive
power. The law itself, however, could only be altered by the as-
sembly of the people and the council of the elders. The council of
elders, or senate, subsequently became supreme, or virtually a col-
lege of magistrates with regal power ; but the sovereignty remained
with the burgesses.

Dming the Sullian epoch a compromise was effected with the
municipalities, as between their most ancient rights as integral ira,vts
of the Roman community, and the privileges due them as allied
states ; by which primacy was attached to the metropolitan city.

12 Roman Imperial Government.

Tims there arose the iimnieipahty as we understand tlie term — a
subordinate civic conununitj, supreme in its sphere, but divested of
the independent sovereignty which belonged to the primitive can-
ton and the still more primitive village. These municipalities re-
tained the burgess assembly, which possessed the legislative power,
and nominated the magistrates. There was also'a municipal council,
which consisted of one hundred members, and possessed functions
similar to those of the Roman senate. Thus was perfected the
Roman system of government, as distinguished from the Latin.
Imperiahsm, as illustrated by Caesar, was simply leadership of the
people. Later emperors converted this system into an imperial
autocracy. The theory of the Roman empire was that of a repre-
sentative despotism. The various offices of the republic were not
annihilated, but their powers were gradually concentrated in the
hands of a single man, and the senate became the last bulwark of
political freedom. We must look beneath this aristocracy, however,
if we would accurately judge the nature and extent of popular free-
dom ; for large liberty may be enjoyed in the presence of imperfect
political institutions. Distant peoples possessed perfect mmiicipal
and intellectual freedom ; Avhich with good roads and wise rulers
secured for all the provinces a large measure of prosperity. The
Empire was the age of the freest circulation of humanity. Roman
policy tolerated the customs, religion and municipal rights of the
conquered, and gradually conferred upon them the privileges of the
conqueror, so that the highest honors and most important offices
were <jpen to them. The Roman religion was a creature of the
State, a political sentiment and moral discipline, but was neither the
enthusiasm of humanity nor a spiritual worship. On the other
hand, cosmopolitanism or the fraternity of mankind was the law of
the enquire, performing the preparatory work necessary for the uni-
versal diffusion of the same idea by means of Christianity. Roman
jurisprudence was framed by the Stoics, who based it on natural law,
declaring that " all men are free," and " all men are born equal"
(Ulpian) ; but there was a broad chasm between Roman moralists
and the Roman people, which could only be bridged by Christianity.
This religion, combining the Stoical doctrine of universal brotherhood
regulated by law, and the Greek appreciation of the power of the
affections and the intlnence of tlie beautiful, with the Egyptian and
Keltic s})irit of religious reverence and the German spirit of devo.
tion, produced a sympathetic, ethical and aggressive but disciplined
enthusiasm for luniiaiiitv aijlow with Divine love. The Christ-

Society Reorganized. 13

ian religion imperiously antagonijcecl all existing religions, to the extent
of uncompromising denunciation, and held the Roman empire to be
Anti-Christ whose speedy downfall it foretold. While suljmitting to
the temporal authority, the ministers of the Church became the arbi-
ters of the differences among their people ; and when the empire
was disintegrated grew more and more aggressive in asserting a
right to be their judges.

The German conquest of Western Europe compelled the entire
reorganization of government. Society was thrown back upon its
primitive elements to begin a new line of development. The
Anglo-Saxons covered England with the little farmer communities
of the Germans The leaders in war of the various tribes became
the chief executives of their realms. The German was jealous
of his local rights, which were few, and were designed simply to
secure justice and protect his freedom. If these ends were attained,
he gloried in the glory of his lord, and was ready to respond to any
call to active duty. Out of this principle of leadei-ship grew the
feudal system, which was essentially the revival of the patriarcha)
idea, and its adaptation to existing conditions. It was the theory of
the paternal relation, extending from the kmg to the lowest serf.
The Christian religion elevated and ennobled this system. The
Roman and German overthrow of the Druidic power, and the advent
of the teachers of the Gospel, constituted a correlation of forces des-
tined to produce the most important results. The new faith was the
golden fruit of an ancient Aramean theocracy. In their travel west-
ward, its disciples had garnered all that was worth preserving in
humanity. The local priests of the new faith in Gaul were from
the conquered race, and therefore sympathized with the people.
They succeeded, in the West as in the East, to a priesthood which
claimed to rule by Divine authority. They proclaimed a religion of
love to God and love to man. The inspirations and aspirations of
that religion now breathed through Keltic worship, and its conse-
crating devotion energized the German service. The Church spoke
by authority of God and man, therefore, when — holding the civiliza-
tion of the ages in its keeping — it plead the cause of the people
before king and noble, and demanded obedience. This clerical in-
fluence cuhninated in the revival of imperialism by Charles the
Great, king of the Franks and emperor of Rome, who recognized
the ancient liberties of the people. German Imperialism, as thus
illustrated, was liberal paternalism, seeking to reconcile with itself
ancient Aryan freedom and clerical power over the people. The

14 England's Conquerors.

radical defect of the system was that, if Emperor and Church turned
oppressors, the people were bound in a more galling servitude than
before.

Enijland was primarily a commonwealth of free land-owners, for
all authority was vested in the General Assembly. Gradually, how-
ever, the freemen absented themselves from the gathering of the
Great Witan, and the grand council came to be little more than an
assembly of tlie great officers of the Church, with the personal adher-
ents of the king. This neglect of the Witenagemote by the English
yeoman is easily explained, if we recall the ancient Aryan repug-
nance to any change in the customs or departure from the traditions
of the fathers. Legislation, as we understand it, was little known.
Attendance at the General Assembly was a task, the performance
of which imposed burdens without compensation or adequate results.
The Dane, after the conquest, permitted no distinction between con-
queror and conquered, recognized provincial autonomy, secured the
friendship of the Church, began the improvement of the peasantry?
and developed a national feeling. The Norman continued the work
of consolidation, and used the Church to win the support of the peo-
ple as against the great earldoms, which were abolished by William
the Conqueror. He retained the local courts, built up the English
agricultural borough, which was the natural development of the
German village, and used the boroughs as an offset to baronial power.
The inhabitants of these boroughs had been drawn together for trade
or protection. They owed dues to the lord of the manor, who also
appointed bailiffs, who administered justice in the presence and with
the assent of the townsmen. Property and person were alike secure
against arbitrary seizure. The burgesses gathered in town meeting
for free deliberation, at which the right of free speech was guaran-
teed. The land-owners, only, had civic existence. The finances
were regulated by the merchant guild. The frith-guild took the
place of kinsmen for the purposes of order and self-defense. These
frith-guilds were general throughout Europe in the eighth and ninth
centuries ; and while subsequently suppressed on the continent, they
were encouraged in England as the basis of social order. The mer-
chant-guilds were developed into munrcipal governments, as to^vns
grew in importance. The king appointed the chief officer of the
l)Orough.

The feudal system, which began as a tribal government among
conquerors and over conquered, in the progress of its development
united Roman and German custoine, and culminated in the ninth

Ancient Feudal System. 15

century in territorial jurisdiction. The defects of the sj'stem ought
not to blind us to its virtues. While the feudal proprietor, as the
unit of political society, was almost an independent sovereign within
his own small domains, he was, nevertheless, only a judge and leader ;
not an arbitrary dictator. It was a system for the administration of
law, not for its defiance ; for the performance of equitable obliga-
tions, not for the denial of justice. It was a system of loyalty to
law hy the lord as well as to him ; and it provided securities for obe-
dience, by making it the duty of the superior to see that the infe-
rior obeyed its requirements. The King, the Church and the Com-
mons were arrayed against the feudal lord, in protection of the
rights of the people ; while the lords denied the right of the king to
legislate or tax without their consent. The fact that the ancient as-
semblies of the people died out in France as in England only shows
how perfectly these obligations were kept ; and feudalism became
universally prevalent because it served the purpose for which it was
designed. In Germany personal and local liberties were as keenly
appreciated as in the earlier ages, and while the people were power-
less to protect themselves against oppression by their lords, they
nevertheless secured an enlarged freedom whenever and wherever
the system was benignly administered Indeed, there was too little
government, and the Carlovingian dynasty came to an inglorious end-
ing because of that fact. As part of the feudal development, a danger-
ous custom had grown up since Charles the Great, of abandoning the
general levy of troops by the sovereign and relying upon the indi-
vidual noblemen to summon their vassals. Hence, when the fierce
Magyars broke through the eastern frontier, each tribe was concerned
only for itself, and the king (Lewis the Child) was compelled to pay
tribute. He died soon after (in 911) not having attained manhood.
When Henry, Duke of the Saxons, was elected king of the Ger-
mans (919), they were still living on open farms, and there were but
few cities, especially in the ISTorth. Henry, who is known as " the
Fowler," built up cities to protect the industries of the Germans
against the encroachments of the barons, and curtailed the power of
the latter, thus restoring the ancient liberties of the people, as far
as possible.' The Saxon dynasty became extinct just as the Dane
succeeded in fastening himself upon England. The imperial policy
of strengthening the cities, building up the lower orders of nobility,

1 Henry defeated the northern Sclavic tribes, routed the Huns, and beat back the Danes, thus giving to
the Empire enlarged boundaries and aggressive force He had no fixed residence, but traveled from place
to place within his dominions, exercising parental authority, living upon his own lands, and leading arniiea
against the common enemv. Having certain means of revenue, there was no system ot taxation, iie
realized the German ideal of a chief sovereign, and there was no reason to resist supremacy so mildly ana
beneficently exercised.

16 German Imi'Erial Government.

and respecting the rights of the freemen was also pursued by Con-
rad 11, who founded the Franeonian dynasty, having been elected
by the clergy, nobility and freemen on the 4th of September, 1024:.
The l)aiiilfs of the German villages, under the feudal sytem, were
appointed by the barons or dukes. In the Netherlands, the freemen,
artisans and traders began gradually to build their homes outside of
the " lands master," or the burghs of the more powerful nobles, and
to organize into guilds. These settlements obtained town charters,
which, while not extensive, guaranteed them a local administration
of justice, thus providing a government of law as against mere arbi-
trary power. The schout and schepens, or chief magistrate and
aldermen, were originally appointed by the sovereign. The towns
along the principal highways of trade in Germany developed into
cities. One of these highways, forming an avenue of communication
from the East and South with England, passed through the Nether-
lands. In the twelfth century, when the village boroughs of England
were growing in numbers, the continental cities had acquired consid-
erable commercial and manufacturing importance, and attained the
full privileges of municipal government. The trade guilds chose
wardens, and these again chose burgomasters from their own num-
ber. Each city had its senate, composed of burgomasters and sher-
iffs, and a council of citizens, by whom the senate was elected.

Frederick I (Barbarossa) the sagacious German Emperor who gave
greatest glory to the House of Hohenstaufen, after the capture of
Milan in 1158, summoned the learned Italian lawyers from the
universities, and they brought out the Roman law from the dust of
oblivion. Those lawyers decided that, as the successor of the late
Roman emperors, he possessed their rights, which included the right
to appoint the magistrates of cities. He thereupon appointed Po-
desta."^, royal dues were conceded him, and absolutism was declared the
law of the empire. By the peace of Constance, however, in 1183,
the cities were given the exclusive choice of their own ofhcers and
the control of their internal affairs, the Imperial sovereignty being
reserved. In this way the Roman law, sparingly modified by the
feudal customaries, was introduced as the basis of statute law in the
German cities, finally extending tj the North and the Netherlands;
and its renewed study was an important element in the revival of
learning which preceded the Reformation. The fii*st incorporated
city in the Netherlands wf.s Ari(l(llcl)iirgh, which received its charter
from Count William I of Holland and Countess Joan of Flanders
in 1217. The large cities of the Netherlands had extensive dis-

English Pakliament. 17

triets, including villages, under their government. A long and
bloody struggle took place between the burghers and the barons, for
the purpose of determining the sovereign rights in disputed sections
of territory ; the free burghers of the cities electing knights to lead
them to battle. Determined contests also took place between the
people and the aristocracy of the cities, which were merely corporate
individuals, wheeling into the feudal ranks by the side of the barons,
and contesting supremacy with them.

Meantime the English barons had become the protectors of the peo-
ple, and extorted from King John the Great Charter (1215), which was
simply a constitutional guarantee of ancient rights. ' The greatest revo-
lution in government was effected silently. The Great Council con-
sisted of the prelates, the greater barons and the tenants-in-chief. The
knights of the shire attended as the representatives of the baronage,
and became merged in the Great Assembly, and thus the whole body
of rural freeholders were admitted to a share in the government of
the realm. In 1265, it was suggested to give the boroughs repre-
sentation in the Parliament, and the suggestion was carried into ef-
fect in 1295. It is a singular fact that neither the counties nor the
towns desired these representative rights, when first granted. The
system was adopted by Edward the First, to obviate the necessity of
direct negotiations with the sheriffs of counties and the magistrates of
boroughs in the raising of funds for the support of government.
"While all burgesses were entitled to vote, most shirked the right as
an irksome duty rather than a privilege, and left its discharge to a
few principal bnrghers deputed for that purpose. The Roman
law was obnoxious in England. The people steadily wrested their
rights from prerogative, through such Parliaments as were influenced
by them, and in the reign of Edward III (1326-77) it became estab-
lished that the King enacted laws only at the request of the Com-
mons and with the assent of the Lords. The English system was
defective in that it afforded no adequate restraints upon irregular or
arbitrary action either by King or Parliament.

We have still another German republican development to notice,
in the rude but self-governed maritime province of Friesland, the
communities of which were united in a simple federation. The
Frisians, nearest of kin to the Anglo-Saxons, never accepted feudal-

1 The Great Cbarter secured the freeman from interference, "save by legal Judgment of his peers or by
the law of the land ; " provided that no tax " shall be imposed save by the Common Council of the Realm ; '
protected the poor in their tenements, the merchant in his wares, and the countryman in his wain, in case
of conviction of felony, and decreed that cities and towns should possess their municipal privileges unim-
paired, their freedom from arbitrary taxation, their control of trade, their right to deliberate andtoadmin-
Isterjustice.

18 Fkiesland and the Netherlands.

ism, and tliej had an organization designed solely to protect their
little commonwealtlis against it. A congress of the whole con-
federacy was held annually, the delegates to which were chosen by
popular suffrage. Each of its seven little states was subdivided
into districts, and each district was governed by a Griet Mann
(great man, select man) and Assistants. Above all these districts
was a Podesta, identical in name and functions with the chief officer
of the municipal republics of Italy. The chief duty of this magis-
trate was to protect the citizens against lawless barons, by executing
summary justice upon them. The Podesta was chosen by the people,
generally for a limited period, but sometimes for life ; and was as-
sisted by a board of eighteen or twenty councillors. Sometimes one
Podesta was elected for the entire province, and Friesland lost its
independence by electing the Duke of Saxony such Podesta, who
sold the sovereignty thus acquired to the House of Austria, and
Charles Y compelled submission.

In 1326-9, the towns of the various provinces of the Netherlands
appeared in the Assembly of the Provincial Estates along with the
noblemen. At this time, the Imperial power had been destroye' by
the encroachments of the principalities into which the Empire had
been disintegrated. In the course of the following century the six
ciiief cities of Holland acquired the right of sending deputies regu-
larly to the Estates. These deputies, with the nobles as the sole
representatives of the rural districts, constituted the parliamentary
power of the provinces. The yeomanry were unrepresented. When
the House of Burgundy obtained the sovereignty of the Nether-
lands, there arose wars between the princes of the House and the
cities. At the death of Charles the Bold, the provinces and towns
assembled in convention, in 1477, and extorted from the young
Duchess Mary a charter or constitution, called the Great Privilege,
by wliich the ancient rights were confirmed.' Thereafter the Pro-
vincial Estates sent delegates, or rather envoys with limited powers
and precise instructions, to a general assembly or States General,
representing all the provinces. The same year Mary married Maxi-
milian, son of Frederick III, and thus the House of Austria obtained
the vast heritage of Charles the Bold. Charles V vainly sought to
com])r<)mise the religious difierences of his time, and finally entered
into an alliance with the Pope against the nobles. He was defeated
in the struggle. By the religious peace of Augsbiirg, signed Sep-

1 The rlllps wore to appoint thnir own mnRlslriilcs, holil thiMr own courts, ami were not to contribute to
taxes they had not votod. The HoverclKn iMfreed to meet the Estates in person, ami ask for'the necessary
fupplltt ; anil tax** were not to b« Irapoted, nor war declarad, nor money coined without thslr consent.

Government of the Netherlands. 19

tember 25, 1555, religious freedom was assured the princes and
barons, but denied the people; the only concession granted subjects
who would not submit to the religion of then* lords being permission
to emigrate. And tliis was all they secured, in direct terms, when
at the close of the Thirty Years' War, by the treaty of Westphalia,
signed October 21, 1618, the dismemberment of the Gernian empire
was effected, and the independence of the Netherlands and of
Switzerland recognized. Surely, something broader than this is
needed to enlist our sympathies. The barons and princes fought
against the exercise of spiritual and civil authority over them, but
asserted their right to tyrannize over others. They did not deny
arbitrary power; they simply claimed to be the rightful despots, and
resisted the claims of Emperor and Pope."

Charles Y abdicated the throne one year after the religious peace
of Augsburg, and was succeeded in Spain, Italy and the Netherlands
by his son Philip II. The government of the United Provinces
which carried on the great struggle with this despot was not a gov-
ernment by the people, for the municipal magistrates had become
self-elected close corporations. Each province contained a large
number of cities, which were governed by a board of magistrates,
varying in number from twenty to forty. This college was called the
Vroedschap (Assembly of Sages or Wise Men). The members
were appointed for life. Sometimes the Sages filled vacancies
directly, and sometimes they nominated a double or triple number
to the Stadtholder, who selected one therefrom. The Sages chose
the Schepens, a judicial body, and the Burgomasters. The union
of the Netherlands was a compact between sovereign states ; and
there naturally sprang up within it a National and a Provincial party.
The Nationalists were led by the Stadtholder, Prince Maurice, of
Nassau ; the Provincials by John of Barneveld, Advocate of Hol-
land. Maurice, in 1618, forcibly overthrew the governments of dis-
senting provinces, and in 1619 caused the judicial murder of Barne-
veld. Maurice died at the Hague, April 23, 1625, leaving the
States General supreme. The same year witnessed the accession
of Charles I and the beginning of the second great epoch of the
Thirty Years' War.

Motley says of the polity of the Netherlands that, "Judged
by the principles of reason and justice, it was in the main a whole-

1 The Protestant Princes of Germany taught Philip II to say. that '• the vassal is never to differ from the
opinion of his master," and he simplv struggled for the conceded right of a Sovereign when he declared :
"Since others who live in error, hold that vassals are to conform to the religion of their master, it 18
iBBTjffferahle that It should be proposed to me that my vassals should have a different religion.

20 Paternal Governments.

some constitution, securing the independence and welfare of the
State, and the liberty and prosperity of the individual, as well, cer-
tainly, as did any polity then existing in the world." On the other
hand, it must be borne in mind, that while it had no King, it recog-
nized no People, which was a fatal defect ; for when the pressure
from Mithout was removed, the ruling classes separated themselves
into a plutocracy, abandoning business and living on hereditary for-
tunes, thus bringing about the downfall of the Commonwealth. Here,
however, civil and religious liberty held despotism at bay, while it
made for itself a home beyond the seas.

The English contemporary of Philip II was Queen Elizabeth.
During the earlier portion of her reign the last traces of bondage
disappeared ; but toward its close she asserted claims to arbitrary
power which justly impairs her standing as a liberal monarch. Par-
liament asserted its constitutional rights with greater vigor ; and the
people gave evidences of the fact that any aggressions on the part
of the Crown would not be submitted to.

The Charter of the West India Company was issued in 1621.
The Thirty Years' "War had commenced. It was the year in which
the English Commons resolved, " That the liberties, franchises,
privileges and jurisdiction of Parliament are the ancient and un-
doubted birthright and inheritance of the subjects of England ; "
and when James tore their protestation in pieces with the remark :
" I will govern according to the common weal, but not according to
the common will." Barneveld was dead ; Grotius was hiding away
from the despotism of Maurice. There was not a country in which
popular rights were respected, and popular power could be expressed
and enforced in orderly methods. Just then the western gate was
opened.

Imperialism, clericalism and provincialism had now become merely
different forms of paternalism ; sometimes acting the part of a wise
and indulgent jjarent, at other times crushing the people under the
iron heel with all the cruelty of a depraved tyrant. The instincts
of freedom, however, were strong within the people, for ancient
Aryan liberties, sustained by equally ancient orderly obedience
to Law, had been enjoyed during millenniums of agricultural
labor. The hereditary instincts had been cultivated by centu-
ries of ti-ue fatherly care on the part of the Church. There were
no newspai)ei>, then, to educate the people. The Church did it,
and to the Churcli must we give credit. Nothing so promotes a sense

Problems of the Seventeenth Century. 21

of human equality and tlie worth of humanity, as the inculcation of
the belief that man is the subject of Divine solicitude, and that the
God who is Father of all requires each to love Him supremely and
his neighbor as himself. This religion, leading to works in behalf
iA all mankind, made democrats and republicans of all. To the edu-
' ■;iting and elevating influence of the Church, therefore, we must give

edit for the fact that the people were prepared to assert their
ancient rights, even as against the authority of the parent under
A\'hose guidance they had attained so robust a majority.

Much is to be allowed to the Church of those days. Questioned
by some it had trained to think, regarded no longer with reverence
by those it had lifted to a level with itself, repudiated by others
in their search for knowledge, disintegrated by the political powers
it had strengthened and the intellectual and spiritual forces it had
quickened, dishonored by some of its own representatives, derided
by the sinner, disclaimed by many saints and despoiled by the rob-
ber, it had fallen upon a time when earnest men clutched for suprem-
acy either in unholy lust or sincere conviction that only thus
could the present prosperity and future happiness of themselves
and those under their charge be secured. In speaking of the
Church, we speak of it in its broadest sense ; for when it fell to
pieces its fragments warred with factious fury, clutching after the
prerogatives they denied to the historical organization. This was a
natural and unavoidable stage in progress toward a higher develop-
ment. It was an age of civil and religious anarchy, in which each
sought its own preservation by all the means in its power. To try
any by our own standards would be unjust judgment. We condemn
only those who sinned against the common standard of civilization
of the age in which they lived.

The problem awaiting solution was to be solved by the rough
friction and sharp collision of these forces, aroused when men
awakened to the consciousness of their ancient rights, their native lib-
erties, their inherent strength. That problem was, how to co-ordinate
the various forms of force into one self-acting agency for the govern-
ment of society. Popularism is merely the unfolding of the indi-
vidual life ; crush that, and the race dies under the heel of the
despot. Provincialism widens individual development, by fostering
local pride and stimulating local growth ; crush that, and you crush
the vital forces of society. National feeling, national sympathy,
national unity, bind humanity together, broaden the sweep of their
activities, enlarge the scope of their powers, extend the effect of

22 EuKOPEAN Systems of Government.

their energies, inspire and vitalize them in their most compre.
hensive form, and give to them a strength and glory of achievement
possible in no otlier way. Ecclesiastieism holds within it the eternal
agencies of an eternal God. An imperial combination of these
wonld be the union of the wisdom of the fathers, and its practical
application in behalf of the children. How to do all this was first
shown in New Netherland. There was no exemplification of it
anywhere else on the globe, when the foundations were laid in that
imperial pi'ovince.

The English submitted the gravest questions of right and prerog-
ative to precedent ; and as authorities were conflicting, force was
the only arbiter. The historians and jurists were partisans, intent
either upon strengthening the Crown or Parliament. The judges
of the common law, holding their situations during the pleasure of
the king, were subservient to him ; and other and more despotic tri-
bunals were established. The head of the State was also head of the
Church, and hence England was convulsed by ecclesiastical struggles
for control. The legislative power and the taxing power, however,
were denied to the Crown, although frequently usurped by it. On
the other hand, the Dutch conceded neither the judicial, nor the
ecclesiastical, nor the legislative, nor the fiscal power to a Chief
Executive. In France, the tendency of the feudal system to absolu-
tism found no adequate restraint, but the Dutch were more success-
ful. In Spain, where parliamentary and municipal rights once
existed in most liberal form, the aggressions of royalty had residted
in their overthrow. The Dutch, while not giving to the people the
exclusive choice of their rulers, kept the feudal system within its
legitimate sphere, and limited it to its ideal. The feudal ideal,
politically, was the Law of service, written in Roman jurisprudence
and realized in the Christian life. Its fatal weakness was, that it
was powerless to protect the people against despotic kings, princes
and judges ; and its great strength was, that it inculcated the sense of
personal and provincial rights, while it taught respect for civil and
ecclesiastical rulers.

Tlu^ first govei-niiients established in. this country by authority
were paternal or arbitrary in form. This was unavoidable. Before
you have a settled government by or over the people, you must have
a permanent settlement of the people. Hence the English and
Dutcii governments vested large powers in the original authorities,
but they Avere nevertheless strictly required to administer the laws of

American Proprietary Governments. 23

the mother country. The Charter of the Dutch "West India Company
was issued after the judicial murder of Barn e veld. By its terms, the
will of the company was supreme, and all power was vested in the
Director-General and Council, who were to be governed by the
Dutch Roman law, the imperial statutes of Charles Y, and the
edicts, resolutions and customs of the United Netherlands, in all
cases not otherwise provided for. This shows the genesis of Dutch
government. The basis of it all was the customs of the fathers.
The superstructure was a union of the Roman, German and Dutch
municipal systems. The Dutch were governed by a league of com-
mercial guilds, represented in the States-General in order that they
might protect the organized interests of each class of people ; not that
they might invade the rights of others. Tliis principle of conserving
the ancient and vested rights of all the people as against any portion
thereof, even a majority, and as against government itself, was the
foundation principle of the province as of the mother country, and
distinguished it in the beginning from either of the English colonies.
The government was a development of the ancient Aryan guild
custom, moulded by contact with the Roman municipality,
evolved under powerful trade influences, and modified in time of
war to secure stability, without thought that in the end the change
would strangle freedom in its very cradle. The purely rural element
had no representation in the external government, as the system was
entirely feudal ; but the rural populations seem to have administered
justice among themselves as fully as a system not framed upon a
principle developed out of their necessities could secure.

The English organized the government of Virginia on their
opposite ancient model, which was that of an agricultural people ;
cities having no sovereign rights except those acquired as a constitu-
ent element, by means of an increase of population at natural centers.
A legislative assembly met at Jamestown, July 30, 1619 ; but it
possessed little power. In July, 1621, the London Company gave
the colony a written code of laws based on the English Constitution,
appointed the Governor and Councillors, and continued the House
of Burgesses as a representative body. In 1624 the representatives
of the people enacted : " The Governor shall not lay any taxes or
impositions upon the colony, their lands or commodities, other only
than by authority of the General Assembly, to be levyed and
ymployed as this said Assembly shall appoynt." The same year
the king abolished the London Company, and gave Virginia a
royal government. In the last analysis, the English system gave
the government absolute power over all subjects. Whoever con-

24 English and Dutch Systems.

trolled the government worked their sovereign pleasure with all
people, whether such control was held by Crown or Parliament.
This system gave unrestrained power to the tyrannical majority of
a real minority-, as surely as the opposing principle of Royal au-
thority in a single executive gave despotic power to the Crown.
The Dutch system, while holding the elements of feudal liability
to tyranny, held them in strict subservience to Law, and guarded
against abuses by conferring no power without accompanying it
with an adequate safeguard against its arbitrary exercise. In
England it was either the Crown or Parliament making laws at their
own pleasure ; in the Netherlands, government was a commercial
agent, while the laws and customs of the fathers were administered
and justice secured by magistrates nominated by the people. While
the Dutch form was feudal, its spirit was municipal ; and the muni-
cipality on the continent had been the fortress of liberty. It was
now to be brought in contact with rural love of freedom, trans-
planted from England. The Dutch gave to New Netherland, in
feudal shell, a paternal guardianship of liberty regulated by Law ;
the Englisii gave to Virginia a popular love of liberty Avith popular
methods for its preservation, provided the Sovereign gave consent,
and the people did not become despots. It was in the blending of
these that the true spirit of feudalism was to find its fruition, and
the real genius of popularism its final and perfect consummation.

In 1620 (November 9), on board the Mayflower, by solemn com-
pact, the foundations of a third system were laid ; that of an eccle-
siastical commonwealth, the members of which were to govern them-
selves in accordance with English law, and in loyalty to the English
government. The English system was primarily a government of
rural boroughs and shires, and had its root in German soil ; but in
New England this system was associated with ecclesiasticism.
The ]»rimitive Aryan system of co-operative cultivation was first
adopted by these church colonies;' but was associated with the old
German and Roman idea that the head of the family is the chief
priest of the houseliold, independent of the State, only in Rhode
Island. The English Puritan mind accepted the Aramean principle
that allegiance is due to authoritative interpreters of religious teach-
i ng; but, in ha rmony with the German view, held that believers

1 ••Til Uui-i' will, know,'' Hiiys Miiiiii-, " liow HtroiiR a prosiiniptton alrciulv existed, that iniiividual prop-
j-rly (mill- liiln ixi-.li-ii.i- aft.-r u slow proc.-ss of cliaiiRo, hy whicli It illsengaRed itself from rolleellvc hold-
Inifn t.v riiinilli--t iir larijiT ii.-isonililair.-s. I lie .•M.lene.- of a primitive villaRe sv.stera In the Teutonic ami Scan-
ul'?.^' ." '■".""•'■'•■■' •'"■•' very irreai ini.-rest: tliis inlin-sl largely Increiused when EnRland was .shown to ex-
hlhli nlmoHt OH nianv Iroren of loiiit ownership ami eomnion eiiltivation as the countries of the north of th.-
rontln.-nl: hill our inlen-sl .-iilmlnat.-s. I think, wh.-i, w.- tlml thai Ih.-se priniiliv.- European t.-nures and
this nrlmlllvi- Kiirop-ftii iillii;.- .•.)iisi|tiii.-,| the actual workini; system of the Indian village communllies."
Thi- I 1%-nionth colonv was .irKanl7.-.l iindi-ran arram:eni.-nl hy which all lands were to he worked in common

for H-v.-n yenn. nn.l th.-ii th.- properly wits to 1 ,,nally .livld.-d. In 162.!. the plan of worklnRlaud in com-

m-.h was al.andnri.-d and that of workliii; all..lm.-iils. for .in.- year, was adople.l ; and the riRht of trial by
Jur> was eitlablliih.-d. In ICT. lamls w.-n- e.pially dl\ id.-d. in acconlamo with the oriRlnal stlpulalloti.

SUPERIOKITY OF THE DuTCH IdEAL. 25

voluntarily associated are the interpreters, and that they constitute
the State, to which civil and religious obedience are alike due.
Church membership was essential to civic existence ; and member-
ship in the chm-ches was largely under the control of the ministers.
The system was, therefore, one of priestly primacy in matters of
State, but not one of priestly dominion. It was a Church State. In
Maryland, the attempt was made to establish a State which would
recognize the indefeasible right of man to submit implicitly to the
religious teaching of any Church, without forfeiting his civic rights,
with the principle of non-interference by the State with any Church,
or by one Church with the members of another — tliis system being
associated with English civic polity.

The English parliamentary system vested supreme power in the
legislative majority. The Virginia system placed the Legislatm*e
under the control of a Eoyal master. The New England system
rendered the Church supreme. Maryland and Rhode Island placed
supreme power in the hands of the people or their representa-
tives, at the same time giving a pledge to respect the rights of all.
The Dutch made the Judiciary supreme, and denied all arbitrary
power, either in people or parliaments, in civil rulers or religious
teachers, and sought to fortify the people against its exercise. Thus
the feudal shell of Dutch government inclosed the seed of liberty,
ready in fullness of time to germinate in most perfect form.

It was not until 1624, one year before the death of Prince Mau-
rice, the accession of Charles I and the beginning of the second great
period of the Thirty Years War, that government was actually es-
tablished in New Netherland. In 1629, the manorial system was
introduced. Patroons were invested with the power of feudal
barons ; but no political or judicial changes could be introduced with-
out consent of the home government. In Massachusetts, the Puritans
were then just beginning to organize a government ' having for its

1 The colony of Massachusetts was the governing and parent colony of New England. It was organ-
ized under a royal charter issued in 1629, land patents having been previously granted hy the Plymouth
Company. John Endicott, who in 1628 had been chosen Governor of a colony at Salem, was confirmed by
the Directors then in London, and in his first letter of instructions was informed that " the propagating of
the Gospel is the thing we do profess above all to be our aim in .settling this plantation," and they
promised him that he should be aided by " a plentiful provision of godly ministers." He begun his ad-
ministration by sending back to England John and Samuel Browne, a lawyer and a merchant, because they
held separate religious meetings, and worshiped God according to the ritual of the Church of England,
instead of with the " Reformed Congregation. " In September, for the purpose of facilitating the end of
establishing a commonwealth which should be absolutely under the control of those who were fleeing from
persecution in England, government was transferred to the resident members of the Council, by whom
John Winthrop was elected Governor. The Council exercised control over the Church, and administered
affairs rigorously as a theocratic St.ate. The first General Court passed an act providing for elections in the
spring of 1631, which restricted suffrage to church members. In the beginning the freemen of a neighbor-
hood met for consultation as to the mailing of roads or the division of lands, and gradually administration
came to be left in the hands of a few leading or select men, the freemen being at liberty to participate in
the deliberations. Thus town governments soon sprang up. The next step was to send representatives to
the General Court, to consult with the assistants and to regulate taxation, and then to enact laws and take
part in thegeneral administration of the colony. In 1634, a representative form of government was estab-
lished. In 1635, Roger Williams was driven into exile. Thus this commonwealth was constructed. The
colony of New Plymouth did not have a roval charter. In 1636, the General Court adopted a preamble
Claiming all the rightsof freeborn subjects "of England, and the colonists proceeded to systematize govern-
ment.

26 New England Governments.

main object " the propagation of tlie gospel." The same year Lord
Baltimore was turned away from Virginia by the tender of an oath
of allegiance which no true Catholic could take.'

The English colonists on the Connecticut river were first gov-
erned by commissioners appointed by the General Court of Massa-
chusetts. In lf!37 new delegates from the three towns of Hartfortl,
Windsor and Wethersfield w^ere associated with them. In 1639 a
written Constitution was adopted, under which all the freemen of
the three towns were equal before the law. " Well knowing," its
preamble recited, " where a people are gatliered together the word of
God requires that to mayntayne the peace and union of such a peo-
ple, there should be an orderly and decent government established
according to God, to order and dispose of the affayres of the people
at all seasons as occation shall require ; doe therefore assotiate and
conioyno our selves to be as one publike State or commonwealth.''
They thus entered " into combination and confederation together to
mayntayne & preserve the liberty & purity of the gospell of our
Lord Jesus which we now professe, as also the disciplyne of the
churches, which, according to the truth of the said gospell is now
practised among us ; as also in our Civell Affaires, to be guided &
governed according to such lawes, rules, orders & decrees as shall be
made, ordered & decreed."

In June, 1639, the government of the colony of New Haven was
organized. The Bible was declared to be the Constitution ; none
but church membei'S were admitted to citizenship. All officers were
chosen at an annual election. The government was intrusted to
seven men, termed Pillars.

Ill 1038 and in 1640 the privileges of the Patroons were ma-
terially restricted and those of free settlers enlarged. Whenever the
people settled in sufficient numbers," the Company was bound to
give them local governments, the officers of which were to be aj)-
pointed by the Director and Council, in accordance with the custom
in the Netherlands. " No other religion was to be publicly tolerated
or allowed in New Netherland, save that then taught and exercised

1 Mnrylan<l wiis chartorp'l In \i\X2. The Lords Baltimore were maile absolute lords of the province. The
fri'OTiicn wiTc to becnIliMl topcthiT to frame laws, and when this was inconvenient, the legislative power
was civeii Ii<iril HaUiiiinrf and the niattlstrales, provided they did not infrlnjie on the rights of the citizens.
The biM-rtii-s lliiis si-mred wen' open to all Kndish linniinrant.s. The people were perpetually exempt Ironi
taxation try the Crown ; the charter leaviii); all taxation to the proprietaries and the provincial assrmOlies.
In Ifi-Vi, the a.-si'inliled freemi-n passeil a .series of regulations which Lord Baltimore rejected. Two years
later he Ki-iit nut nlhers In I hi'lr place, which were rejecteil by the freemen on the i'lth of January, lfi3«.
The question thus raised as to thc' iiowe; of the i)ropnetor or the freemen to initiate laws Wius virtually
viildfd by Lord llMUInmre in a Ic-tlir. In lf>3'.<, a representative goveriuurnt Was established, a cb'clar.illon
of rights was aibipl'd, the liberal |>rliiclples of the charter wi'fe atllriued, and the terms of citizenship were
declared to br tin' saliH' with tlioM' of Kimlaiid.

2 Till' Hutch Hcttli'il Klatlaiids In 1k'!i>. Nrwtowii In ItVW, and Ureuktden, flowanus and Gravenzande in
laTg. The same year (.lanuury l.t) they purcha.sed from the Indians tieurly the whole of thepresent c^)unty
of Queens, and In IMU the remainder of that jiorllon of the island west of about the present Suffolk county
line.

Demands of the Twelve Men, 2T

by authority of the Reformed Church in the United Provinces."
This provision was a dead letter, English colonists had already set-
tled on the eastern end of Long Island ; and were subsequently given
grants of land on the western extremity, accompanied by village or
town charters,^ Thus the Roman principle by which a State re-
ligion was sustained in harmony with religious freedom was prac-
tically recognized.

An Indian war broke out in 1641, causing intense excitement.
Director Kieft thereupon invited all the masters and heads of fami-
lies, residents of jS^ew Amsterdam and vicinity, to assemble in the
fort on the 28th day of August. This is the first official recognition
of the existence of the people, in New Netherland, Meantime,
Maryland had advanced from a popular to a representative govern-
ment, with a bill of rights based on the ancient liberties of England ;
and the church commonwealths of Hartford and New Haven had
been established. When the freemen of Xew Amsterdam convened
pm-suant to call, therefore, they obtained tardy concession of a right
enjoyed in some form all around them. After giving their opinion
on the questions submitted to them, in accordance with Roman
precedent, they appointed Twelve Men to represent them. Their
constitution, and indeed their duty, reminds one of the jury system
which originated in England in 1166, and which was a modification
of the ancient Aryan custom of administering justice. The Twelve
Men complained to the Director of the arbitrary constitution of the
government ; asked that four persons be chosen from their number
(two to retire each year,) who shall have access to the Council, " so
that taxes may not be imposed on the country in the absence of the
Twelve," and reminded him of the fact that while in their na-
tive country the smallest village had a board of from five to seven
schepens, New Amsterdam and the settlements adjacent had none.
The Director promised reform, but admonished them that they were
only appointed to consider the Indian troubles ; and on the 1 1th of
February, 1642, issued a proclamation forbidding them calling any
further meetings without his express permission, " as they tend to
dangerous consequences, and to the great injury both of the coun-
try and of our authority."

The issue thus raised was of the simplest and most fundamental

1 The English crossed over from Connecticut in 1639, occupying Gardner's island, and in 1640 they settled
Southampton and Southold. In 1642, three colonies were established, of persons driven from Massachusetts
by persecution. One was led by Rev. Francis Doughty, who had been roughly treated at Cohasset for hav-
ing ventured to say that " Abraham's children should have been baptized?' This colony obtained a pat-
ent March 28th, for 13,332 acres, at Maspeth, and was granted full manorial or \nllage rights. In October,
Mr. Throgmorton and a number of friends who had been driven from Massachusetts with Roger Williams,
tettled in Westchester; and Lady Moody and her friends, who had become " imbued with the erroueoni
doctrine that infant baptism was a sinful ordinance," settled at Gravenzande.

28 Judicial and Legislative Functions.

character. It was as to whether the people were to be represented in
the taxing body and were to be permitted to nominate their magis-
trates in accorJanee with the terms of tlie charter ; or whether the
Director and Council were to retain the poM^er of taxation with the
local judicial function. Under the most ancient Koman system, the
Executive was also the Judge, or appointed others to act in his stead.
The prerogative of selection from triple nominations, conceded by
Dutch law, was in essence a compromise between this Roman system
and the German method of popular administration of justice ; and
in its reconciliation of popular with parental power was an advance
upon either, as it respected the preference of the people, while
avoiding public tumult, and secured less arbitrary selections than
wore likely to be made under the Koman system of appointment.
The Dutch system was entirely satisfactory to the colonists, and they
were not disposed to relinquish their rights. Another opportunity
to assert them soon came. By the summer of 1643, the troubles with
the Indians and complications with the English had reached such
gravity that the Director found it expedient to again call the freemen
together. When they assembled, in September, he requested them
"to elect five or six persons from among themselves," to consider
maturely the articles which the Director and Council were prepared
to propose. The number originally suggested affords a coincidence
witli the traditional number of the village council ' among the Eastern
Aryans, and with the Pentarchies of Carthage. It is, however, only
a coincidence ; as the purpose in view was to secure a representative
coimcil, and not a magisterial or governmental body.

The proposed method of consultation was a system of legislation
in the old Roman sense. This system was designed to preserve old
customs as nearly as possible, and yet provide an orderly method for
effecting needed changes. It was intended to guard against radical
innovations, and hence the power of legislation was not given exclu-
sively to the burgess assembly. The elders, or senate, succeeding
the vilhige council, intei-preted ancient customs and determined
vested rights. The King executed the laws, and passed judgment
upon transgressors. Under the most ancient Roman constitution, if
he desired legislative action, he submitted propositions to the bur-
gesses ; and if approved by them, they were submitted to the elders,
who determined whether they interfered with vested rights, and if
they did not, the propositions were added to the laws. The Senate,
therefore, iis the guardians of the ancient rights of the people, pos-

I See page 8.

The Eight Men a Legislative Body. 29

sessed the veto power. In process of time the King consulted the
Senate before submitting his propositions, in order that he might be
sure of approval in case the people accepted them. This primitive
system was subject to some fluctuation in the early days of Rome,
with a tendency to enlarging the power of King and People to eifect
change against the will of the Senate. Sulla restricted the power of
the people, and gave the initiative in legislation to the Senate, lim-
iting the burgesses to the original prerogative of approval. Caesar,
as the representative of the people, appealed from the Senate to
them, and they passed upon his propositions direct.

Kieft instituted a representative body, for the purpose of consulta-
tion in the enactment of laws. The people preferred leaving the
responsibility of choosing the select men to the Director, claiming
for themselves the right only to reject any undesirable nomination.
" Eight men " were then " elected." The certificate of their elec-
tion is on record, signed by twenty-eight freemen who agreed to ap-
prove what they should determine. The Eight Men were sum-
moned by the Director-General, " to consider the critical condition
of the country." They assembled September 15, and passed upon
the most important questions of war and peace, and performed other
legislative acts, which definitely fix the character of the body.
Several meetings were held during the year, but the proceedings do
not concern us here.

The year 1644 was a gloomy one for New Amsterdam and vicinity.
There were not only complications with the English, war with the
Indians and internal dissensions, but there were troubles with the
quasi-independent colonic of E-ensselaerswyck. The Patroon of this
colonic was the only one who undertook the actual government of
his domain as a feudal baron. Early in the year, one of his vessels,
called the Arms of Rensselaerswyck, and its cargo, were confiscated
at l^ew Amsterdam ; contraband war material being found on board.
The Patroon thereupon caused a fort to be erected on Beeren's is-
land, and directed that all vessels be excluded from the upper waters
of the Hudson except his own and those of the "West India Company.
• The commandant at this fort fired upon a vessel from New Amster-
dam, which precipitated a conflict between the Patroon and the
Director ; but the former continued to assert the provincial attributes
of sovereignty for several years.

The Eight Men were re-convened on the 18th of June, 1644, when
the state of the treasury and the exigencies of the service were sub-
mitted to them. The Director proposed that customs and excise

30 Revenue Measures Enacted.

duties be levied. Hitherto the " staple right," or right to impose
duties on passing vessels, which had been granted to the settlement
under Director Van Twiller, had been the onlv revenue measure in
force. The Eight Men opposed the new revenue law, and claimed
that the power of taxation was only possessed by the States General ;
and that as the home government had guaranteed protection as one
of the inducements to emigrate, it ought to pay the expense. They
finally yielded, however, and a proclamation was issued, declaring
that " by the ad\-ice of the Eight Men chosen by the commonalty,"
a tax was imposed on beer and liquors sold for domestic consump-
tion and on beaver skins brought to the settlement and purchased
within the limits; and that, as "the scarcity of money is very
general," these duties were unposed " provisionally, until the good
God should grant us peace, or that we shall be sufficiently aided
from Holland." The act of concurring in this recommendation was
the exercise of the highest legislative function, and demonstrates
that the Eight Men were a parliamentary body,- in the most ancient
sense. The Executive asked that consent be given to the enactment
of a revenue measure, in accordance with ancient custom, and his
request was granted ; which, with the action of the preceding year,
settles the character of the body.

Early in July, soldiers arrived in New Amsterdam from the
Netherlands, when the question arose as to how they were to be
supplied with clothing and provisions. The Eight Men were opposed
to continuing the revenue enactments, being of opinion that the
impoverished inhabitants were entitled to be relieved from the bur-
dens which had been " provisionaDy " imposed. The Director and
Council, therefore, on the 4th of August, resolved to continue them
without such consent, with some modifications, and to require the
brewers to send in a return of the quantity manufactured. This
usuqjation created great excitement. The taxes had been rendered
more ojjpressive, and inquisitorial returns demanded, at a time when
relief was necessary, and freedom from arbitrary rule had been
promised. The ])rewers resisted the collection of the tax, were
prosecuted and compelled to pay.

The issue thus raised was no new one. The Germans held that
taxation without consent was a l)adge of servitude, and their Dutch
and English descendants had extorted from sovereigns the concession
that they would ask needed revenues at the hands of the people's
representatives, and not impose taxes arbitrarily. Indeed taxation
only with consent was an admitted fundamcTital principle in Franc©

Demands of the Eight Men. 31

and throiighont Western Europe, although it was frequently violated
by despotic power. On the 28th of October, therefore, the Eight Men
addressed a remonstrance to the Directors of the Company, blam-
ing Kieft for the troubles with the Indians, and complaining that
he had usurped " princely power " and the power of taxation.
" We did not conceive," they said, " that our powers extended as
far as to impose new taxes, but that such must first be considered
by a superior authority (to wit, by the Lords majors)." The re-
monstrance concluded : " It is impossible to ever settle this coun-
try until a different system is introduced here, and a new Gov-
ernor be sent over with more people, who shall settle themselves in
suitable places, one near the other in form of villages and liamlets,
and elect from among themselves a bailiff or schout and schepens
who shall be empowered to send deputies to vote on public affairs
with the Director and Council, so that hereafter the country may
not be again brought into similar danger."

These rights were asked when the United Netherlands were in the
zenith of their glory, and England and her colonies were torn by
internal dissensions and religious feuds. The issue was joined in
the year that saw the triumphs the great Swedish General Tosten-
son, in silencing Denmark, and in ruining an Imperial German
army without even a battle, effectually settling the prolonged con-
troversy of that desolating war, and sending the German empire
staggering toward the grave. It was joined in the year that saw
the victory of Marston Moor, and the granting of a charter to Roger
Williams, giving to the people of Providence Plantations " full
power and authority to govern and rule themselves." Maryland
was in a state of anarchy, and Virginia was controlled by a Royalist
party, which compelled the Puritans to leave the colony. The year
previous, Massachusetts, New Plymouth, Connecticut and New
Haven had formed a confederacy " to advance the kingdom of our
Lord Jesus Christ, and to enjoy the liberties of the gospel in purity
with peace," under the name of the United Colonies of New Eng-*
land, " both for preserving and propagating the truth and liberties
of the gospel, and for their own mutual safety and welfare ; " and
the year we are now considering witnessed the separation of the
representatives of the people from the Council in Massacliusetts,
which rendered the General Assembly an independent and co-ordin-
ate branch of the government.

The demand of the Eight Men was a demand for the establish-
ment of a system of organic liberty more secure in its safeguards of

32 Law the basis of Organic Liberty.

freedom tlian any then in existence either in this country or in
Europe. It did not leave liberty to the mercy of a church, as in New-
England ; for it had been proved that even churches may be tyrants.
It did not leave it to the will of the people, or their representatives
alone, as in Khode Island and Maryland ; for experience had
already shown, and was soon to show still more conclusively, that
majorities cannot always be trusted to respect the rights of minori-
ties. It did not commit freedom to the care of governments organ-
ized on the roj'al pattern as in Virginia, nor to Parliaments as in
England, nor to paternal care as in Germany ; for each had shown
itself competent to oppress. The basis of organic liberty guaran-
teed by it is to be found in Roman, German and Dutch laws and
customs. So long as these were obeyed, the liberties of the people
were secure. It was only when they were violently set aside, that
freedom was overthrown. The Eight Men adopted the New England
system of an elective magistracy in villages and towns, whose dele-
gates, appointed after consultation with the freemen, were to meet
with the Director and Council, for the execution of the laws and the
protection of all freemen. This was a proposition to return to the
primitive Aryan magisterial system ; and to supplement it, for pur-
poses of mutual protection, with a representative council. It was
an improvement on other systems, because in an age characterized
by aggressions against freedom, it reduced the power to interfere
with liberty to the minimum, and trusted its execution to the entire
body of freemen, who inherited the spirit and the statutes of liberty
from the earliest ages.

The Eight Men were sustained. The recall of Kieft was decided
upon, on the 10th of December. The remonstrances and all the
petitions and memorials of the colonists were referred to the cham-
ber of accounts. The report, made in March, 1645, sustained the
complaints of the colonists and approved the suggestion that villages
and hamlets be organized after the manner of the English. The
original charter to the Patroons, granted in 1629, authorized their
colonies to appoint one or two deputies to acquaint the Director and
Council of their condition ; which, by implication, was extended by
the charter of 1640 to any local government organized in pursuance
thereof. It was now suggested that these deputies should, at the
summons of the Director-General, hold an Assembly every six
months, for nnitual inter-communication and the general advance-
ment of the welfare (jf the people, with power to deliberate on all
questions which might concern the prosperity of their colonies, the

Powers of the Supreme Council. 33

propitiation of the Indians and tlie neighboring provinces, the
maintenance of free privileges, the correction of abuses, and the
upholding of the statutes and the laws.

The Commissioners of the Assembly of the XIX of the General
Privileged AY est India Company acted upon this report in instruc-
tions given to the Director and Council under date of July 7, 16i5.
The Council was to consist of " the Director as President, his Vice
and the Fiscal." In cases in which the Adv^ocate-fiscal appeared as
Attorney-general, either civil or criminal, the military commandant
was to sit in his stead ; and, if the charge was criminal, three per-
sons were to be associated from the commonalty of the district where
the crime or act was committed. The Supreme Council was the
sole body " by whom all occurring affairs relating to police, justice,
militia, the dignity and just rights of the company" were to be
" administered and decided." That is, it was an executive, adminis-
trative and judicial body, but possessed no legislative functions, and
had no power to alter or abridge the ancient rights of the people.
The gathering of the inhabitants, " in the manner of towns, villages
and hamlets, as the English are in the habit of doing," was to be
aided by all means in their power, and the privileges (heretofore
noted) as being granted in the " Freedoms and the amj^liiications
thereof," were continued; and, further, "inasmuch as the respective
colonists have been allowed, by the Freedoms, to delegate one or two
persons to give information to the Director and Council concerning
the state and condition of their colonies, the same is hereby con-
firmed." The recommendation of a semi-annual assembly, there-
fore, was not confirmed.

When Petrus Stuyvesant arrived at New Amsterdam, (May 27,
1647), the Scots had turned Charles over to a committee of the two
Houses, and Maximilian had entered into a truce with his enemies ;
the horrors of civil war were about to be removed from the two
countries, when England was to pass under the control of a Pro-
tector, and Germany from the hands of great tyrants into those of
small ones. The new Director proceeded with great vigor to re-
store the disordered government. He promulgated municipal regu-
lations, and stringent enactments against smuggling; established
customs duties on wnnes and liquors (except for domestic consump-
tion), and on beaver skins. He ordered an election of eighteen
men from Manhattan, Breukelen, Amersfoort (Flatlands) and
Pavonia, (N. J.), from whom he selected nine, as " Interlocutors
and Trustees of thfe Commonalty," or " Tribunes " of the people.
5

34: Tribunal of the Nine Men.

These Nine Men were to hold courts of arbitration weekly, and
were to give advice to the Director and Council, on all matters
submitted to them. They received their appointment September
25, 1647. Three were taken from the merchants, three from the
burghers and three from the farmers. Thus was preserved and
continued the system of giving representation to the various voca-
tions, which formed the groundwork of municipal organization in
the Ketherlands. The tribunal was of very ancient date. Indeed,
in its essence, it was a method of adjudication which prevailed in one
fonn or another from time immemorial : of which the village elders
were the most ancient type. The "Tribunal of Well-Born Men,"
or " Men's Men," had existed for centuries in the Netherlands. It
originally had separate criminal and civil jurisdiction, the first
exercised by thirteen and the second by seven men. These courts
were afterward united, the number of members being thirteen
until 1614, when it was altered to " Nine Well-Born Men." This
institution was now introduced, as the form of government for the
capital of New Netherland and surrounding villages. It was pro-
vided that six should annually retire, and that twelve names were
to be referred to the Director, with the Nine who had served during
the year, from whence the new board was to be selected. The
board met on the 15th of November, when the Director com-
municated his views by written message, in consequence of illness.
They consented to appropriations for schools and for completing the
church ; but declined to repair the fortifications, on the ground that,
as the company had agreed to incur expenditures of that class, the
money for that pui-pose ought to come out of the funds derived
from customs and excise duties, and from tolls paid at the company's
mills. Tliis board, therefore, was also a legislative body, in the
ancient sense ; that is, a body without whose consent taxes could
not be lawfully assessed nor vested rights modified.

The Director prosecuted with vigor his plans for the government
of the province, and the Nine Men were equally determined to
secure ])<»pular government. We cannot dwell upon these exciting
events. Tiie Director undertook to compel the Patroon of Rensse-
lacrswyck to recognize his supreme authority ; and he caused the
arrest of Van Der Donck, President of the Nine Men, for preparing
a journal to be used against him, who was taken to jail by a file
of soldiers. On tlie 21st of February, 1648, Stuyvesant issued a
call for a meeting of citizens and delegates of the militia, which
wab held March 4th. At this meeting it was ordered that Van Der

Plan of the Provisional Order. 35

Doncli continue under arrest until examined, and on the 5th a com-
mission was appointed for that purpose. On the 15th the Director
called his Council and other public officers together as a Court of
Impeachment, and Van Der Donck was expelled from the Council
and the Nine Men. Agents were now sent to Holland by the
colonists, of whom Van Der Donck was principal, to present their
complaints. Stujvesant was represented by Van Tienhoven, his
secretary.

The Netherlands now became the scene of a prolonged contest.
The petitioners laid their complaints before the States-General at
great length, and demanded burgher government, freedom from
customs, tenths and other burdens, the abolition of the export duty
on tobacco, commercial reforms and the settlement of the boundaries
of the province. The reply to the complaints of the colonists con-
tained a contrast with the New England colonies. While it was true
that the people of New England were free from customs duties,
they were assessed directly for all the purposes of government.
The only internal tax paid in New Netherland was the tax upon
tapsters, which was returned to them by those who frequented the
taverns and by travelers ; citizens might lay in as much wine and
beer as they pleased, free of excise. It was also deemed an ad-
vantage to the Dutch, that they had neither a quarterly meeting of
the magistrates of each province, nor a General Assembly of all the
provinces, for the expenses, allowances and wages of these were a
public charge. The papers were referred to a committee, which
submitted a report April 11, 1650. This recommended a liberal
and popular policy. All grievances were to be remedied, and
Stuyvesant was to be recalled ; the Patroons were to be " obliged to
settle their colonists in the form of villages ; " the Nine Men were
to be given additional judicial functions, and were to be continued
for three years ; a burgher government was to be established in
New Amsterdam ; the Patroons or their deputies, and delegates from
the commonalty, were to choose representatives in the Council ; a
judicial system was to be erected in the province ; and the colonists,
or the Patroons thereof, and the commonalty, were to be convoked
on questions of expenditure. The Amsterdam Chamber opposed
this " Provisional Order," and submitted a counter proposition
merely modifying the original "Privileges and Exemptions."
Stuyvesant paid no attention to either.

At this time the Netherlands were greatly agitated on account of
the English civil war. Charles I was beheaded July 30, 1649, and

36 Burgher Government Instituted.

his family were at the Hague. The Stadtholder, William II of
Orange, who had married Mary, the eldest daughter of the English
king, arrested six of the most eminent deputies of the States General,
and surrounded that Assembly with troops ; and had attempted to
seize the city of Amsterdam for opposing his will. His despotic
career Avas suddenly cut short by death ; and his posthumous son,
William III, afterward King of England, was excluded from the
Stadthuklership, under the influence of Oliver Cromwell.

The Nine Men now prepared new charges against Stuyvesant.
The Yice-Director and Schout-fiseal, on the 28th of February,

1651. drew up a long protest against the Director, who thereupon
issued a peremptory order expelling the former from the Council,
which he refused to recognize, whereupon he was arrested by soldiers
and lodged in a guard house. The conflict with the Patroon con-
tinued, and the Director asserted his sovereignty by establishing a
separate village government for Beaverwyck, on the 10th of April,

1652. Meantime, the States General revived the Provisional Order,
the enforcement of which was favored by all the Chambers, except
Amsterdam. The Amsterdam Directors were therefore compelled
to yield in a measure to the popular demand ; and on the 4th of
April, on the application of Yan Der Douck, they granted an
order directing the establishment of a burgher government in New
Amsterdam, and making other concessions. In December the
Amsterdam Chamber censured the Patroon, for endeavoring to
maintain his manor as a principality independent of the Director.
Burgher government was instituted in New Amsterdam, February 2,

1653. The burgomasters and schepens constituted a Court of Ses-
Bions and a Common Council. Among their first acts in the latter
capacity was the taking of measures for the defense of the city, and
the raising of money therefor.

On the 20th of May, Captain John Underhill hoisted the colors
of Parliament on Long island, and issued an address assailing the
Director and his administration, charging him, among other things,
with lia\ing " unlawfully imposed taxes contrary to the privileges of
freemen, violated liberty of conscience," imprisoned both English
and Dutch without trial, enacted general laws without the approba-
tion of his governniL'nt, and '' imposed magistrates on freemen with-
out election and voting." " This great autocracy and tyranny," read
the address, " is too grievous for any brave Englishmim and good
Christian to endure." Patriotism, however, was then superior to
every other consideration, with the colonists. They would not rally

Municipal Liberties Secured. 37

to the standard of a foreign foe, even when it was raised in defense
of their most ancient rights, and the liberties for which they had
been stubbornly contending. Underbill was ordered to quit the
province, and he went.

The war resulted in high prices, and in September, pursuant to
call of the Director, delegates from the several colonies and courts
assembled at New Amsterdam, as a provincial diet, to legislate for
their reduction.

In July, funds were still lacking to complete the fort, and on the
28th the authorities of New Amsterdam were called upon for fur-
ther supplies. The magistrates and burghers thereupon demanded
the surrender of the wine and beer excise to the city treasury, in
which case they pledged themselves that " means would then be pro-
vided to meet whatever expenses might occur." The Director
refused, and the contest continued until the 25th of November, when
he consented to give up the excise on beer and wine " consumed
within the city," on condition that the magistrates should keep the
public works in repair, maintain the civil and ecclesiastical servants,
and lease the excise to the highest bidder, "after the manner of
Tatherland." At the same time he imposed an additional duty on
wines and distilled liquors " which," he said, " are used in this coun-
try in the greatest profusion." Thus, as the outcome of this con-
flict, Stuyvesant was forced to surrender his assumed prerogative of
imposing and applying excise duties, and the municipality was re-
stricted to its own legitimate revenues, and undertook to defray its
own legitimate expenditures. It was an advance toward local con-
trol of local affairs, and a restriction thereto. There can be no
doubt that the magistrates had before them the Dutch model of
municipal supremacy, but the ambition of the Director was an insur-
mountable obstacle to the realization of any such purpose.

On the day when this reasonable adjustment was reached, an im-
portant convention was held at the Stadt Huys. Long island was
infested with gangs of lawless men, and a convention of four towns
had been held in October to consider their depredations. The result
of that convention was, a call for the convention held November
25th, to consider what was best to be done " for the welfare of the
country and its inhabitants, and to determine on some wise and salu-
tary measures to arrest these robberies." The result of this informal
convention was, the issuing of writs by the Director, on the 8th of
December, for the assembling of a convention of delegates from all
the towns, to be held on the 10th.

38 Demands of the Towns.

The delegates from the English towns, present at the November
Convention, would not permit the Director-General nor one of his
Council to preside over the body, as he "could not protect them"
from depredations. " If the Director-General," they said, " acting
for the Privileged West India Company, will not protect us, then
we are compelled to provide against our own ruin and destruction,
and therefore we will not pay any more taxes." The Director said
that these declarations " smelt of rebellion," and answered that he
was ready to protect his subjects with all the means " which God
and his liege lords had vouchsafed him," but the answer did not
satisfy them. Protection in return for taxation is one of the simplest
of propositions. The English towns were undoubtedly emboldened
to demand it at this time, as the marauders were emboldened to com-
mit their robberies, by the existence of war between England and
the Netherlands.

The towns went still further. They made propositions for a " firmer
union " with the magistrates of the city, who replied that they must
first consult with the Director and Council. Stuyvesant responded
that he had no objection to their uniting with the English towns,
and stated that " as they could not out-vote the latter now, it was
his intention to grant, at the next election, courts of justice to the
villages of Amersfoort (Flatlands), Breukelen and Midwout (Flush-
ing) so as to possess, with Fort Orange, on all futm*e occasions, an
equal number of votes." The December Convention was afterward
held to be illegal by the Director, on the ground that these villages
did not have courts, which could alone legally appoint delegates.
There is no reason to doubt the sincerity of the Director, in stating
this to be his purpose, particularly as he did subsequently grant
courts of justice to the villages named ; and we must thei'efore
ascribe to other causes the failure to hold a provincial diet until the
dose of the administration of Stuyvesant. The concession of local
governments, however, was extorted from the Director by the Con-
ventions of 1653.

Tlie December Convention adopted a remonstrance to the Director
and Council and the Amsterdam Chamber, drawn by an Englishman,
named George Baxter, formerly English secretary of the Director,
who is prominent in the history of the times. The opening
sentence is significant. '•• We acknowledge," it reads, " a paternal
government which God and Nature have established in the world
* * * to which we consider ourselves bound by His word, and,
therefore submit." This paternal government was recognized ii8

Legislative Rights of Freemen. 39

having Divine sanction and existing in accordance with natural law.
The remonstrants then enumerated the sacrifices they had made,
and stated that they were " composed of various nations from different
parts of the world." These cosmopolitans, however, did not need to
go outside of the Netherlands to find the most ample support for
the rights they claimed. After expressing their " apprehension of
the establishment of an arbitrary government," they proceeded : " It
is contrary to the first intentions and genuine principles of every well-
regulated government, that one or more men should arrogate to them-
selves the exclusive power to dispose, at will, of the life and property
of any individual ; and this by virtue, or under pretense, of a law
or order which he might fabricate, without the consent, knowledge
or approbation of the whole body, their agents or representatives.
Hence the enactment, in manner aforesaid, of new laws, affecting
the commonalty, their lives and property, which is contrary to the
granted privileges of the Netherlands government, and odious to
every free-born man ; and principally so to those whom God has
placed under a free state, in newly settled lands, who are entitled to
claim laws not transcending but resembling, as near as possible,
those of Netherland. We humbly submit that it is one of our
privileges, that our consent, or that of our representatives, is
necessarily required in the enactment of such laws and orders."
It was also complained that officers and magistrates were appointed
in many places contrary to the laws of the Netherlands, and several
without the consent or nomination of the people ; and that obscure
laws, enacted "without the approbation of the country, by the
authority alone of the Director and Council, remain obligatory."

Stuyvesant's answer was in substance a confession that, if the
charges were true, they constituted a serious impeachment before
the superior tribunal. The laws of the Netherlands were the laws
of the province ; and if he assumed legislative or executive power
not expressly conferred upon him, he was an usurper. He was a
Judge of the law, not its maker ; and he could in no wise transcend
it. Hence he felt compelled to assert that in all affairs in which the
country at large was interested the general ordinances had always
been sanctioned by the qualified members of the whole province.
With regard to local oflScials he said that " the English not only enjoy
the nomination of their magistrates but some of them absolutely
usurp their election, and actually appoint whatever magistrates they
please, paying no regard to the religions they profess." Some,
especially in Gravesend, are Libertines and Anabaptists [a thrust at

40 The PoLmcAJ. Laws of Nature.

Baxter] which is unquestional)ly in contradiction to the general
laws of the Netherlands. He would not permit that " the election of
majristrates be left to the rabble,'' and claimed for the Directors the
same rights possessed by Patroons, with regard to appointments to
office. '' Your prayer is extravagant," he said, " you might as well
claim to send delegates to the Assembly of their High Mightinesses
themselves. Directors will never make themselves responsible to
subjects ; and the old laws will remain in force.' ' Thus Stuyvesant
repudiated Roman checks upon executive power, and the popular
rights recognized among the ancient Germans ; and asserted a per-
verted and arbitrary feudalism as the sole law of the province.

The Convention responded (December 13), defending the legality
of its existence by an appeal to the " law of Nature," which au-
thorizes all men to associate and convene together for the protection
of their liberty and property. Thus popular rights and paternal
authority, the power of the people and the power of the govern-
ment, were claimed by this Convention to be alike imbedded in
Nature. This assertion was a reconciliation of German popularism
with Roman paternalism ; and, with the claims with regard to the
magistracy, laid broad and deep the foundations of the civil polity of
New York. These foundations are, a Judiciary constituting the
bulwark of ancient liberties and vested rights, with an efficient
Executive power held completely under the control of the People
and their representatives. These natural laws were clearly appre-
hended and forcibly set forth by the Convention. While phrased by the
facile pen of an English secretary, they doubtless but crystallized the
thoughts of the descendants of German and Kelt, as they gathered
around their firesides and considered the troubles of Europe and the
colonies, and discussed the fundamental principles of government.
That which exists in the oak exists also in the acorn. In these, the
closing days of the year 1653, there dropped from the wide-spreading
branches of the ancient Aryan oak a wonderfully symmetrical
acorn ; and from this acorn there sprang the beautiful American oak
imder which we are srathered.

Stuyvesant was a legalist, not an idealist, and he saw none of the
beauties of this germinal principle of organic liberty. He denied
that the law of Nature authorized public meetings for the protection
of ])ublic liberty. Magistrates alone, and " not all men," beheld,
are authorized so to assemble. '' We derive our authority from God
and the CoTupany, not from a few ignorant subjects, and we alone
pan call the inhabitants together." Tried by Roman law, the

Demands of the Convention. 41

Director was right ; tried bj German custom, he was wrong. " Blood
is thicker than water ; " and the heart of the true Aryan beats
tumultuousiy when an exterior authority is invoked against rights
enjoyed by his ancestors from the days when history fades into tra-
dition, and tradition into myth, and myth into fable. Experience
has shown that the people cannot always trust parental authority ;
ajid that while enlightened power beneficently exercised is of great
value, yet it must always be held to a strict accountability to the
people or their immediate representatives, freely and freshly chosen
and meeting with frequent regularity, or it will destroy liberty.

This caused the Director no concern. " Such manners and forms
of meetings," he said ; " such insults, unprovoked affronts and con-
tempt of the supreme authority, the Director and Council were
bound to resist, yea, to punish ; " and he ordered them to disperse
forthwith, " on pain of an arbitrary correction." Letters were also
sent to the villages of Breukelen, Amersfoort and Midwout, com-
manding them not to permit their delegates to appear again at any
meeting at New Amsterdam, at this conjuncture, as it can cause
nothing but mischief. An appeal was thereupon taken to the Amster-
dam Chamber. The magistrates of Gravesend forwarded a separate
petition, containing assurances of loyalty, which were soon dis-
proved by the people.

The following is the substance of the remonstrance and petition
sent to the Amsterdam Chamber by the Convention : " The States
General of the United Provinces are our liege lords ; we submit
to the laws of the United Provinces ; and our rights and privi-
leges ought to be in harmony with those of the Fatherland, for
we are a member of the State, and not a subjugated people. We,
who have come together from various parts of the world, and are a
blended community of various lineage ; we who have, at our own
expense, exchanged our native lands for the protection of the United
Provinces ; we, who have transformed the wilderness into fruitful
farms — demand that no new laws shall be enacted but with consent
of the people, that none shall be appointed to ofiice but with the
approbation of the people, that obscure and obsolete laws shall never
be revived." The originals were drafted by George Baxter, an
Englishman, but the spirit is the same as that which animated all
colonists, in seeking to be placed upon an equality with their breth-
ren at home. The colonists sent an agent, Le Bleeuw, as bearer
of an appeal to the West India Company, who was received with
great coldness, and forbidden to return to New Netherland.
6

42 Decision of the Amsterdam Chamber.

The magistrates of New Amsterdam, on the 24th of December,
appealed to the Amsterdam Directors for power to administer the
aflfairs of their municipality " according to the forms of goveniment
of the beloved city of Amsterdam, as far as the same is practicable,
and to choose a Schout, or to at least nominate two persons for that
otHce, from whom the Director and Council might choose one.
They also asked for the whole of the excise ; for power to levy ne,w
imposts and taxes, and to take full charge of their own finances, and
for the right to lease the ferry between New Amsterdam and
Breukelen. It is fortunate for the trae growth of the province that
Stuyvesant was Director. A less imperious person would have per-
mitted the exact reproduction of the Netherlands system here. Rens-
selaerswyck would then have been an independent principality, and
New Amsterdam an independent city, in which case the permanent
results might have been altogether different. It was in the conflict
between the paternal and popular forces that the golden mean was
to be reached.

The beginning of the year 1654 was marked by vigorous prepara-
tions in Massachusetts to send a hostile expedition against New
Netherland ; and Baxter undertook the organization of a rebellion
on Long island. This led the magistrates of New Amsterdam and
neighboring Dutch towns to take measures to repel the fleet and
forces which they expected to be sent against them. Intelligence of
peace, and of the disposition of the appeals by the Amsterdam
Chamber, arrived in the same vessel. Invasion was prevented ;
disorder was checked, and the form of government was settled.
The Chamber, in strict harmony with its arbitrary dealings in the
past, declared it to be "the height of presumption in the people to
protest against the government," ordered that " the seditious " of
Gravesend be punished in the most exemplary manner, and cen-
sured Stuyvesant for having been too lenient with the ringleaders.
It seems clear tliat the Chamber regarded the movement from the
beginning as a seditious one in the interest of England by English-
men ; an<l proceeded accordingly. New Amsterdam was accorded
some concessions, and the question of local magistracies was settled ;
the Director thereafter, from time to time, incorporating new towns
and conferring on them the privileges granted Breukelen and other
settlements.

Oliver Cromwell was now made Lord Protector, Maryland was
illumined with the lurid flres of a religious war, and Massachusetts
enjoyed its liberties in peace.

Religious Liberty. 43

The civil supremacy of the Director had become well established
in 1656, when a difficulty arose with the Lutherans with regard to
the building of a church, which resulted in persecution on the part
of Stuyvesant. The Baptists of Flushing also became the objects
of his religious zeal, and the Quakers attracted his holy wrath. For
this, however, he was rebuked by the Amsterdam Directors. " Let
every one," said they, " remain free as long as he is modest, moder-
ate, his political conduct irreproachable, and as long as he does
not offend others or oppose the government." Liberalism is not the
exclusive property of any class, church or race ; illiberalism has
been exhibited everywhere. It was Henri lY, of France, who, on
the 13th of April, 1598, issued the tolerant edict of Nantes ; it was
Louis XIV who, after a series of infamous dragonades, revoked it
on the 18th October, 1685, against the wishes of Pope Innocent XII,
and undertook the extermination of the Reformed faith. The
Netherlands learned liberality in the crucible of hate ; and it now
seciu-ed to others that religious liberty which it claimed for all at
home. Liberalism is not indifferentism. It does not indicate
uncertainty as to what truth is, or weakness in holding it. It is
sunply the holding of truth in love. Liberalism is the leaven of
society ; not the lump. If anywhere there is an unleavened lump,
the leaven of liberalism is excluded ; and liberalism is never more
liberal than when it sustains the organized forces of society in afford-
ing protection against the unleavened lumps which assail it, and in
pulverizing them, if need. New Netherland was not unleavened,
and Stuyvesant was prevented from rendering it so.

Virginia, which had resisted Cromwell, capitulated to a force sent
out by him in 1657, and his commissioners stipidated with the House
of Burgesses that the people " should have and enjoy such freedom
and privileges as belong to a freeborn people of England ; that
trade should also be as free in Virginia as in England ; and that
no tax, custom or imposition should be laid in Virginia, nor forts
nor castles erected therein, without the consent of the General As-
sembly." This was a concession by external power. We turn from
this to the colony, and there we find that there were no elections for
members of Assembly from 1660 to 1676. In 1658, the laws of New
Plymouth were revised, and an address was issued (September 29),
in which the principles of an ecclesiastical commonwealth were again
affirmed. Thus Virginia was dominated by a Royal aristocracy and
New England by a Church State.

In the beginning of the year 1657 an attempt was made to in-

44 Municipal Rights Secured.

troduee one of those caste distinctions of the Netherlands, which
gave to the Dutch Republic marked peculiarities, as contrasted
with the English commonwealth. The " burgher right " was then
tendered to New Amsterdam. This right conferred important
legal, commercial and political privileges. Distinctions were intro-
duced among the burghers of Amsterdam, in 1652, by dividing
them into two classes, the Great and Small. The lesser citizenship
only conveyed freedom of trade, and the privilege of being received
into the respective guilds. The great burghers, who only could
hold office, became such l^y official distinction, inheritance and pur-
chase. This odious legalized system of an aristocratic official caste
was formally introduced into New Amsterdam, February 1st, 1657.
To the honor of the Dutch founders of this imperial commonwealth
be it said, the attempt to sell the great burgher right failed. One
year later (1st Febrnaiy, 1658), when the burghers were first permit-
ted to make double nominations for magistrates, Stuy vesant was com-
pelled to invest some of the more prominent citizens with the right
in order to fill the offices. He, however, obtained thereby the
power to exclude from the privilege of holding office whoever he
saw fit, unless they paid for it. It was not until August 5th, 1660,
that a separate Schout was obtained. Thus was finally secured to
New Amsterdam a large portion of the municipal rights intended
to be conferred years before.

The time had now come to disintegrate the feudal shell in which
the seeds of liberty in New Netherland were inclosed, in order that
they might germinate and freedom have a chance to grow. Charles
II landed at Dover May 26th, 1660. Connecticut was consolidated
in April, 1662, under a charter confirming its established system.
The English towns on the western end of Long island, in 1663, en-
tered into negotiations with the view of submission to its govern-
ment, and a descent was made on Midwout (Flatbnsh), to compel its
inhabitants to unite in a war against Manhattans. This led to a
convention of delegates appointed by the magistrates of the loyal
towns, which met at New Amsterdam July 6, 1663, and engaged
to maintain an armed force for public protection. Another conven-
tion assembled November 1st, pursuant to a call of Director Stuyve-
sant, made at the request of the magistrates of New Amsterdam,
whicli addressed a remonstrance to the Amsterdam Directors, setting
forth the imperiled condition of the prmnnce, arising from wars with
the Indians and the English. Stuyvesant, on the 15th, accepted the
terms of Connecticut, by which Westchester was ceded to it, and the

Conquest of New Netherland. 45

English towns were left to themselves. These towns now entered
into a " Combination " to manage their own aiiairs, and elected John
Scott as their President. On the 27th of February, the sheriffs
and magistrates of the Dutch towns assembled at Midwout and
adopted a remonstrance to the Amsterdam Directors, setting forth
the outrages committed by Scott. At the request of the magistrates
of New Amsterdam a General Assembly of delegates for all the
towns and colonies was now called. This provincial diet was con-
vened on the plan established by the Provisional Order of 1650,
and it met on the 10th of April, 1664. The Director stated that
the West India Company had expended 1,200,000 guilders in
the government of the province, over and above the revenues
it had received therefrom, and asked that supplies be voted for
the general defense. This was refused, and then the Diet ad-
journed for one week to consider the propriety of again ap-
pealing to the home government. Meantime, a military force
arrived, with instructions to check the English, reduce the revolted
villages and replace the removed magistrates ; but it was utterly
inadequate for the purpose. When the Diet re-assembled, therefore,
it advised that peace be made with the Indians, and decided that it
would be useless to enforce the orders of the Amsterdam Directors
against the English towns. Connecticut thereupon extended its
authority over them, and in September Stuyvesant surrendered to
Richard Nicolls, deputy of the Duke of York, who encouraged the
people to beheve that their liberties now were to be at least as great
as those enjoyed in New England.

A Convention of two delegates from each town on Long island
was held at Hempstead in February, 1665, for the purpose of
receiving from the Governor the Code which he had prepared, and
which was called " the Duke's Laws." The Code was chiefly com-
piled from laws then in force in New England, " with abatement of
the severity against such as differ in matters of conscience and relig-
ion." The only popular feature of the Code was the one organizing
Town Courts. It provided for the election, by a majority of the
freeholders of each town, of eight overseers, to try minor causes and
adopt local ordinances, subject to the approval of the Court of
Assize. Four were to retire each year, and from them a constable
was to be elected on the first or second of April, to act with the over-
seers, his election being subject to confirmation by the Justice, in
whose hands the local administration was really vested. Long island,
Staten island and parts of Westchester were united in a Shrievalty,

46 English Proi^rietary Government.

called Yorksliire, and divided into three districts, called ridings. The
English system of Sheriffs' Courts was introduced. The Governor
and Council appointed each year a Sheriff for the whole of York-
shire, and three Justices of the Peace for each riding, who were to
continue in office during the Governor's pleasure, and were to hold
a Court of Sessions in each riding three times a year, in which the
Governor, or any of his Councillors, might preside. Besides their
local duties, the High Sheriff and Justices were to sit with the Gov-
ernor and his Council in the Supreme Court of the Province, called
the Court of Assize, which was to meet at New York once a year,
on the last Thursday in September. This Court was also a legislative
body, as it was invested with " the supreme power of making, alter-
ino- and abolishing any laws," except the customs laws, in which it
could only recommend changes. Town officers were required to
make assessments annually, and taxes were levied through the Courts
of Sessions, which made requisitions upon the town authorities.
The delegates to the Convention asked for power to choose their
local magistrates, which was denied, the Governor exhibiting his
instructions from the Duke of York, " wherein the choice of all the
officers of justice was solely to be made by the Governor." They
desired, and they had the right to demand, the control of public
expenditure and the institution of a General Assembly. King
Charles (in 1663) had given Khode Island a charter guaranteeing it
self-government, and yet English as well as Dutch towns on Long
island were denied the right of representation. The colonists were
grievously disappointed, but they continued the struggle, resulting
in consolidating them still more firmly in defense of equal rights
and personal liberty.

A report on the state of the province, made in July, 1665, sets
forth that liberty of conscience prevailed, that trial by juries existed,
that there were no laws contrary to the laws of England and no courts-
martial except for soldiers ; that there was no tax payable upon corn
or cattle, and the country had little other product; and that the rate
for puljlic charges had been agreed upon in General Assembly and
was managed exclusively by the Governor, Council and Court of
Assize.*

1 The inHtructlons by Otijirlcs II to thp Cotnnilssloners sent out to sottip tlio affairs of the provlncns and
hear rawH of upiM-al, with )!ic reports of the Coniniissioners, reveal vervclearlv his purpose. The t'onimls-
Bloners were Col. Uichanl Nicolls, .sir Kohert Carr, (Jeor«e Tartwright an«l Samuel Maveruk. These iustnic-
tlon» are (latnl April 2.1, Ififii.The King ileslreil that rioveriiors should holil from three to live .vears. anil that
three pentons shiiuM tn' noinlnateil to him for I hr oiTice, from which he wouM seleit one. ^yilh reference
to religious worshli). he clesireil to make im chnnce, unless " they do in trulh ileiiy that liberty of con-
Kcienoe to eueh nlher which is eciually prcivjiliMi for and Rranted to every <uie of ibem by their charter.'
In his Instnictioiis with regard lo MiLssachusells, the kln« said that " such who desired to use the Hook of
Common Prayer may be perniitleil so to do without Incurring any penalty, reproach or clisadvanlaKe In his
Intcrust, 11 belug very itcundaluus that any man should be debarred the exercise of his religion, according to

Akbitrary Taxation. 47

Colonel Nicolls was succeeded as Governor, in 1667, by Lord Love-
lace, The new Governor, in 1669, directed the Courts of Sessions
to provide the means necessary to repair the palisadoes at New York.
The towns refused to pay the taxes levied, because they were denied
the privileges conceded to New England, the liberties due all Eng-
lishmen, the right that, under the Britfsh Constitution, no taxes
could be levied except by their own representatives. The Court,
sitting at Gravesend, characterized the resolves of the several towns
as "false, scandalous, illegal and seditious ; " the Governor and Coun-
cil expressed similar sentiments and ordered the papers to be burned
and their principal promoter prosecuted. The Great Charter forced
from King John by the barons had provided that, with the excep-
tion of the customary feudal aids, " no scutage or aid shall be im-
posed in our realm save by the Common Council of the realm."
Even these grants made in tlie Great Council were binding only on
the barons and prelates who made them ; and before the aid of the
boroughs, the chiirch or the shire could reach the royal treasury, a
separate negotiation had to be conducted with the reeves of each
town, the archdeacons of each diocese, and the sheriff and shire
court of each county. Lovelace undertook to force the collection of
taxes through this latter channel. It was with reluctance that the
people of England abandoned the system under Edward, and
accepted representation in Parliament instead. But Englishmen had
grown wiser since, and no freeman would now relinquish the right.
Hence the irrepressible conflict proceeded. The feeling in New

the laws and customs of England, by those who, by the indulgence granted, have liberty left to be of what
profession in religion they please ; in a word, the persoris of good and honest conversation who have lived
long there may enjoy all the privileges, ecclesiastical and civil, which are due to them, and which are en-
joyed by others, as to choose and be chosen into places of government and the like ; and that differences of
opinion do not lessen their charity to each other, since charity is a fundamental in all religion." In his in-
structions with regard to Connecticut, after referring to their supposed Presbyterian government, he said
that " without in the least restraining them in the free exercise of their religion, but insisting with them as
with the rest, that all the rest who dissent from them may have the like liberty without undergoing any
disadvantage with reference to their civil interest, but that they enjoy the same privilege with the rest."
The Commissioners, in their report May 27, 1665, after giving an account of their visit to New Plymouth,
Rhode Island and Connecticut, say that "in all these colonies they freely consented that all administration
of justice shall be in the king's name ; that all householders shall take the oath of allegiance ; that church
membership shall not be considered in making freemen : that all persons of civil lives shall have liberty of
conscience, so that they deny not their shares of maintenance to the public ministers fairly chosen by plu-
rality of votes." Massachusetts was alone stubborn. It denied the jurisdiction of the Commissioners, and
contended that Supreme authority was in the General Court. In a communication to the Governor and
Council (.July 16), the commissioners sa.v : " The duty which we owe to God, to the King and to all his sub-
jects constrains us to persuade you not to suffer yourselves to be so much misled by the spirit of independ-
ency. The King did not grant away his sovereignty over .vou when he made you a corporation. When His
majesty gave you power to make wholesome laws and to administer justice by them, he parted not with his
right of Judging whether these laws were wholesome, or whether Justice was administered according or no.
When His majesty gave you authority over such of his subjects as lived within, the limits of your Jurisdic-
tion, he made them not your subjects nor you their supreme authority. That prerogative certainly His maj-
esty reserved for himself. * * * The other colonies have set you so many good examples, even that of
Rhode Island, one whom you have so long despised and disowned, and now lately derided for their .sub-
mission to His majesty." In their report to the King, after referring to the difficulty encountered in the
endeavor to persuade Massachusetts to administer justice in the name of the Crown, the Commissioners
say: " To elude His majesty's desire of their admitting men civil and of competent estates to be freemen,
they have made an act whereby he that is twenty-four years old, a housekeeper, and brings one certiticate
of his civil life, another of his being orthodox in matters of faith, and a third of his paying ten shillings
(besides head money) at a single rate, may then have liberty to make his desires known to the court, and it
shall be put to a vote." They then show how this is evaded, remarking that " he that is a church mem-
ber, though he be a servant and pay only Zd, may be a freeman." Aets of persecution are recounted.
"Those whom they wlUnot admit to the communion they compel to come to their sermons. by forcing trom
them five shillings for every neglect ; yet these men thought their own paying one shilling for not com-
mg to prayers in England was an unspeakable tyranny."

48 Royal Aggressions.

York was intensified by the granting of a General Assembly to Xew
Jersey, with the right of freedom from taxation except by its con-
sent. The first assembly met in 1668. The representatives were
Puritans, and they adopted the laws of New England.

The contest over the right of no taxation without representation
was not limited to New York, however. A revenue collector was
sent over from England, with authority to collect the customs in
Massachusetts. He accused the General Court of entire disregard
of the Navigation Act. The charge was admitted and defended, on
the ground that such laws were " an invasion of the rights, liberties
and properties " of the colonies, " they not being represented in
Parliament." This was in 1671. The same year, the colony of New
Plymouth affirmed the rights of Englishmen, under the imposing
title of " The General Fundamentals. " The enumerated rights
were eight in number. The first affirmed the invalidity of legisla-
tion imposed without the consent of the body of freemen or their
representatives ; the second, provided that a Governor and assistants
be annually elected by the vote of the freemen. The third to the
seventh, inclusive, related to rights of justice and of property. The
eighth was a lengthy re-aflfirmation of the ecclesiastical or church
rights sought to be secured by the establishment of the colony. In
Virginia, an aristocratic assembly had finally adjourned in 1660 after
clothing the Governor with enormous powers, and these powers had
now fallen into the hands of a Governor who hated education and
despised toleration in religion. Thus Virginia and New England,
and also Maryland, were in the hands of despotic parties. In New
Netherland, however, the people never tyrannized over each other*
and they claimed equal rights and personal liberty for all freemen as
against any class and against royalty itself.

Prance and England declared war against the Netherlands Mai'ch
17, 1672. The tide of battle went against the Dutch. The people
demanded the removal of the disabilities of AVilliam III of Orange,
then in his twenty-second year, and ambitious to lead the armies of
the country. The demand was heeded, and he was made Stadtholder.
In 1673, New Netherland was retaken, and the Dutch inhabitants
were stirred by the same enthusiasm which had thrilled the hearts of
the Dutch in the mother country. They received back the right to
nominate their local magistrates amid great rejoicing; and their dis-
may, therefore, was great when, in 1674, by the treaty of West-
minster, they were compelled to surrender their Dutch liberties and
return to the jurisdiction of an English despotism.

Resistance by the People. 49

The conduct of the new Governor, the tyrannical Andros, realized
i their worst fears. He revived the abuses of the Lovelace adminis-
tration. Taxes were levied without authority of law, and the pro-
tests of the people were treated with scorn. In response to the
demand for a popular legislative assembly, the Duke of York wrote
to Governor Andros that popular assemblies were dangerous to
government, and that he did not see any use for them. He at-
tempted to force upon the colonists a law, enacted on his own mere
motion, establishing for three years the rate of customs. This in~
flamed the colonists to the point of resistance. On the expiration
of the law by its own terms in November, 1680, the merchants re-
fused to pay any more duties. They sued the Collector of the Port
for detaining goods, the duties on which had not been paid, and he
was arrested, brought before the Court of Assize charged with high
treason, and sent to England for trial. The Duke of York, fearful
that the expenses of the colony would become a charge upon his
own private purse as they had been on the treasury of the West
India Company, thereupon sent out Colonel Dongan as Governor,
with power to convene a General Assembly. This body met at Fort
James, New York, October IT, 1683. Its records are lost, and the
names of its members cannot be given ; but its works endure. The
facts illustrate the uncertainty of human fame, and the imperishable
character of human achievement.

The first act of this, the first General Assembly of the Colony of
New York, was entitled, " Charter of Liberties and Privileges
granted by His Royal Highness to the Inhabitants of New York
and its dependencies." Its first sentence contained the phrase :
"People met in General Assembly," to which James objected, when
he became king of England, on the ground that it is " not found in
any other Constitution in America ; " and this royal objection, with
the character of this charter, places New York in advance of any
other colony, and proves that it held the leadership in the struggle
for equal rights and ancient liberties. The entire sentence read
that " under His Majesty and Royal Highness, James Duke of York,
Albany, etc.," " supreme legislative power shall forever be and
reside in the Governor, Council and People met in General Assem-
bly." The year of its adoption witnessed the establishment of
a free and representative government in Pennsylvania, and the first
session of its General Assembly.

James became King of England in February, 1685. At a meet-
ing of the Committee of Trade and Plantations March 3, this
7

60 The Charter of Liberties. Wi

•

minute was ordered entered : " The Charter of Incorporation of
the l^rovince of New York being read, His Majesty doth not think
it fit to confirm," and the government was ordered assimihited to
that projected for New England. Observ^ations npon the charter
were entered, which show that the objections were political, and
demonstrate that the colonists were in advance of the inhabitants of
other colonies, in their demands upon the Crown as well as in their
concessions of personal liberty.

Tlie Charter opened grandly. It declared " that for the better
establishing of the government of this province of New York, and
that Justice and Right may be equally done to all persons within
the same, Be it enacted by the Governor, Council and Eepresenta-
tives now in General Assembly met and assembled, and by the au-
thority of the same." And the charter, after providing for the elec-
tion of a General Assembly, enacted that the Representatives of the
Province, with the Governor and his Council, shall be the Supreme
and only legislative power. To this the King quietly inquired:
" whether this does not abridge the acts of Parliament that may be
made concerning New York." His observation upon this provision
seems to be somewhat in conflict with his remarks on the provision
that the inhabitants be governed by and according to the laws of
England. " This privilege," he said, " is not granted to any of His
Majesty's Plantations." Of the provision that sheriffs and other
officers of justice be appointed with like powers as in England, he
said, " This is not so distinctly granted or practiced in any other
plantation." The charter provided " that the exercise of the chief
magistracy and administration of the government over the said
province shall be in the said Governor, assisted by a Council with
whose advice and consent, or with at least four of them, he is to rule
and govern the same according to the laws thereof." To this the
King objected that " no other Governor is restrained from doing
any thing without the Council." The charter provided " that accord-
ing to the usage, custom and practice of the Parliament of England?
sessions of a General Assembly be held in this province once in three
years at least," to which the King objected that triennial sessions
are " an obligation upon the government greater than has been ever
agreed to in any other plantation, and the grant of such a privilege
has been rejected elsewhere, notwithstanding a revenue offered to
induce it." The provision that acts be presented to the Governor
and Council for ap])roval, said the King, " seems to take away from
the Governor and Council the power of framing laws as in other

The Supreme Legislative Power. 51

plantations." The provision limiting to two years the power of

the Lord Proprietor to dissent to bills, said James, " does abridge

!' the King's power and has been thonght inconvenient in other

plantations." The provision that the Assembly is to judge of

: the elections and qualifications of its members, " may be inconveni-

f ent," he said, " and is not practiced in some other plantations."

Of the provision guaranteeing liberty of conscience, the King re-

i marked that it " is practiced in the proprietaries ; " and it was the

' only section which lie seems to have affirmatively approved,

: although there were other important provisions which he did not

I explicitly disapprove.

The view of the legislative function contained in the New York
Charter of Liberties is Roman, not Saxon. It recognizes the joint
possession of this power by the Executive and his Councillors, and
the People, corresponding to the old Roman Executive, Elders and
Burgesses. The English people, on the other hand, claimed exclu-
: sive supremacy for Parliament^ and the Saxon idea had its logical
■ development in the system of government by what is substantially
: an Executive Committee of Parliament ; for while the Ministers are
: commissioned by the Crown, their tenure depends npon the pleasure
of Parliament. Some of the colonists of New York had experi-
enced oppression at the hands of the people of New England. The
evils of executive and of parliamentary supremacy had each been
• made manifest, in turn, in England. Hence it was sought to guard
against tyranny by majorities as well as by rulers, by providing
checks against both. It was thought that ancient and vested rights
would be best preserved by associating the Executive and his advisere
\ with the representatives of the people, and giving to them jointly
the supreme legislative power. This union of Roman paternalism
and Anglo-Saxon popularism needed but the restoration of the old
German right of choosing their leader, to make the system the per-
fect synthesis of organic liberty.

The entire Charter we are considering is a clear and crisp declara-
tion of the ancient liberties of all Aryan freemen. The remaining
portion reads substantially as follows : " Every freeholder and
freeman shall vote without restraint. No freeman shall suffer but
by judgment of his peers, and all trials shall be by a jury of

1 The right of the Crown to the legislative prerogative was claimed by some Sovereigns, and was con-
ceded practically whenever the absolute veto was exercised. The veto was gradually abandoned, how-
ever, and went into entire disuse "about the time the Constitution of the United States was adopted,
since which the signature of the Sovereign has been regarded merely as an attestation. As the English
have an hereditary executive, they were compelled to subordinate the Crown absolutely to Parliament.
Here, however the Executive being elective, the powers of the two departments admit of more perfect
adjustment, for the people can settle any differencea which may exist at new elections.

52 The Secukities of Liberty,

twelve men. No tax, tillage, assessment, custom, loan, benevolence
or imposition whatever shall be laid, assessed, imposed or levied, on
any of his Majesty's subjects within this province or their estates,
upon any manner of color or pretense, but by tlie act of the Gover-
nor, Council and Representatives of the People in General As-
sembly met and assembled. No seaman or soldier shall be quar-
tered on the inhabitants against their wnll. No martial law shall
exist. No person professing faith in God by Jesus Christ shall at
any time be any ways disquieted or questioned for any difference of
opinion." Appended to the charter was a continued bill of cus-
toms. Its approval by the Governor was the signal for great
rejoicing.

Thus was set forth in admirable phrase the rights for which the
Dutch and English colonists had unitedly contended for nearly half
a century. It was the full fruitage of freedom, bursting the shell
of feudalism, and clothing itself in more perfect organic form,
evolved from ancient systems which had become incapable of pre-
serving and protecting the liberties of the people. Alike in spirit
and substance it presented in most perfect form that which was
dearest to all — to the eighteen nationalities repi'esented in the
province under Stuyvesant — to English and Dutch, their common
German ancestors and Keltic neighbors, so long crushed under
Druidic dominion. While all these races were united in framing
this " Charter of Liberties," still it is true that we owe our price-
less inheritance primarily to that spirit of freedom and catholicity,
instinctive in the Dutch and purified amid the conflicts of the
Netherlands, and to that Dutch eclecticism, fostered by the ming-
ling of races and religions, which enabled the statesmen of that day
to devise for the protection of human freedom a liberal conservative '<
government, which, when perfected, would permit change when the
people will it, and prevent it when they do not.

The distinguishing feature of the colonial' policy of James II
was his attempt to consolidate all the colonies, from Maine to the
Delaware river, as the Dominion of New England, under the govern-
nient of Andros. In IGSG, he abolished the General Assembly of
New York, and authorized the Governor, with the assent of the
Council, to enact such laws as he might deem best; printing presses
were forbidden and odious taxes were levied. The same year he
took away the charters of Ilhode Island and Massachusetts, and
appointed Andros Governor of all the provinces of New England.
Andros ruled with a strong hand in Massachusetts. He permitted

The English Revolution. 53

nothing to be printed without his sanction; he abolished popular
representation ; prohibited voting by ballot ; forbade town meetings ;
allowed the public schools to go to ruin. He overthrew the civil
rights of New Hampshire, and sought (in 1687) to secure the charter
of Connecticut, but the heart of the Charter Oak beat too truly
against him. The same year, religious liberty was proclaimed in
New England. In April, 1688, JSTew York and New Jersey were
included in the New Dominion.

William III married Mary, daughter of the Duke of York, in
1677, and followed it by aggressions upon the States General. His
imperious will and good judgment fitted him for Liberator of Eng-
land. He landed at Torbay, November 5, 1688. News of the
accession of William and Mary reached Boston, April 4, 1689, and
on the 18th the inhabitants rose in rebellion. Andros was im-
prisoned, and before the lOtli of May, all New England was ad-
ministering government under the old charters. New York rose
in revolt on the 31st of May, and Jacob Leisler was subsequently
appointed Lieutenant-Governor by a Committee of Safety. In all
the land, there was only one place where there was sufficient cool
judgment to await the will of the new authorities ; and that was in
Albany. The municipal authorities of this city proclaimed William
and Mary, but refused to acknowledge Leisler until compelled to in
the spring of 1690. In 1691, he was tried and executed for treason.
The same year, Governor Sloughter arrived, with instructions to re-
establish the Assembly ; and thus the sturdy Dutchmen received a
large measure of their rights from the hands of a Dutch king. The
old liberties were restricted, however. The Test Act was established.
The new Governor was instructed " to permit liberty of conscience to
all persons except Papists." This was a natural result of the conflicts
in England, but the proscription did not take root in New York.
The General Assembly of 1691 passed the original Charter of
Liberties, with some changes m reference to churches, but it was
repealed by the King in 1697.

Voluntary submission to ancient Law, judicially expounded by
their own freely recognized elders, was the simple but secure safe-
guard of primitive Aryan liberties. Equality among land-owners,
the decisions of all new questions in the popular assembly, and
voluntary submission to a freely chosen leader, were the simple but
eflfective securities of equal political rights among early Indo-Eu-
ropean races. When the elders or senate infringed upon the rights

54 Constitutional Liberty.

of the people, the leader, prince or king became their protector and
judge. AN'hen petty princes denied popular rights, emperors pre-
served them ; when they were invaded by emperors, princes and
people combined for their preservation. When all united to crush
liberty, it found an asylum in America. Vested rights, popular
liberties and ancient law, preserved inviolate by local tribunals,
found their best protection in the Netherlands. On the Italian
peninsula, the King was Executive and Judge ; and he became such
in England through the Norman Conquest. But the representatives
of the people were the law makers and tax imposers. The Dutch
and Enii^lish colonists of New Netherland combined their ancient
inheritances, and affirmed their conmion rights in the Charter of
Liljorties, which was a guai-antee of the freedom of each as against
the other, and of all as against Royal power. The King appointed
the Governor and Council, who constituted the Executive and
Judicial powers and shared in the Legislative power. But they were
to govern according to law ; the laws of England and the laws of
the province. From the earliest days of conflict betw^een Royalty
and People, the taxing power had been the effective means of pro-
tection to the latter. They secured their rights, by granting or
withholding revenue. Thus the colonists expected to preserve their
liberties. Governor and Council were the paid executors of their M-ill
and the judges of their laws. Their representatives, with these paid
servants appointed by the King, constituted the supreme legislative
power. In England there w^as a perpetual conflict for sovereign
rights, between Crown and Parliament. It was proposed to settle
the question in New York, as between Executive and Legislative
authority, by denying sovereignty to either, and affirming it to rest
in the people alone. Hence, wdien they wrote " the People " in the
Charter of Liberties, they asserted their own sovereignty and denied
the sovereignty alike of King and Legislature. Then, as clearly as
to-day, and more clearly in New York than anywhere else, was it
perceived that the only enduring foundations of organized society
are. Scrupulous regard for the equal rights of all, protected by the
securities of Law as expounded by an independent Judiciary, the
eftii-ieucy of a carefully-guarded Executive, the supremacy of the
Legislature and the sovereignty of the People, all alike guaranteed
by Charter or Constitution, and impartially maintained by all the
powers of Government.

The i)riuci])le8 for which the colonists of New Netherland strug-
gled so bravely contiimed to govern the action of the people, and

The Equilibrium of Powers. 55

were placed in the framework of the organic system and carried out
in practical administration, as far as possible. We shall follow

I the history of their perfection, and trace the record of their struggles.
They sought to preserve the widest liberties for the individual, to
restrict the governmental power of the people as well as of rulers

: so far as pei'sonal liberty is concerned and the rights of minorities,
and to render perfect the autonomy of local as well as general govern-
ments, while reserving sovereignty to the people. Governments
possessed only such powers as constitutions and laws gave them.
When the first State Constitution was framed, the ancient Aryan
freehold principle was continued as the basis of suiFrage. Reverence
for religion and liberty in its exercise were combined with the Dutch
and Roman repugnance to ecclesiasticism in civil government, by
prohibiting ministers from holding office ; a restriction only done
away with in 1846, and then by a small majority in the Constitu-
tional Convention. The framers of the first Constitution fettered the
legislative power with a Council of Revision and the executive
power with a Council of Appointment, upon principles still applied
in a simplified form, in order to guard against aggressions upon per-
sonal rights from either direction.

The principles underlying the New York system were applied in
the structure of the Federal Constitution. New York occupied the
center of political gravity. It had absorbed Keltic spirituality and
German service, vivified by the life and consecrated by the death
of the Galilean, but restricted by the Germano-Roman opposition
to priestly dominion. It had received the English principle of
popularism, regulated by the ancient Aryan principle of non-
interference with personal and vested rights, and their judicial
interpretation. It had inherited the Roman principle of paternalism,
governed by the German principle of free choice of the executive
by the people, and the English principle of restraint by the people's
representatives. It had the ancient dread of any government with
the modern appreciation of its benefits, and it sought to combine
both by constitutional regulation and judicial arbitrament. It ap-
plied all the resources of statesmanship to the preservation of the
equilibrium between these forms of liberal forces, alike in the
written and unwritten law, and gave to them energizing vigor as
well as conservative power. It recognized the weakness of the old
Confederacy, and it feared the strength of a Federal Union. The
dangers of each having been avoided, it threw all the weight of its
influence in the direction of realizing: its exalted ideal in the Union

56 The American System of Government.

of States as in the Commonwealth itself. "With keen foresight and
wise statesmansliip, it has exerted the power of its superior political
system to the development of material and moral greatness ; and
all its imperial resources are now as then applied to the common
benefit of all the people.

A great commercial artery to-day runs through New York as
centuries ago another carried the life current through New Nether-
land to England, To-day, a great agricultural region, fertile in soil
and rich in production, surrounds the cities which have been built
np by this commerce, as centuries ago England was thrifty in agri-
cultural life. Thus, under one jurisdiction, New York combines the
twin sources of greatness, the municipal lifoof the Netherlands and
the rural life of England, as in the beginning it drew equally from the
populations of both ; and it becomes her, while preserving carefully
the equal balance between them, now as then, to bestow her fostering
care upon each. If to-day we have advanced somewhat beyond our
Dutch ancestors ; if we have simplified and amplified the machinery
of government, broadened suffrage, enlarged the direct power of the
people, and lost the ancient fear of the ministry, let us not forget
th.it the underlying principles are and must ever remain the same,
and that it is to those excellent householders that we owe the
American system for reconciling liberty with order and progress
with conservatism, to the preservation of ancient Aryan law-pro-
tected freedom in its most unrestricted sense, and its energizing in
all that concerns the common interests of our common humanity.

PLATE A.

PROPRIETARY GOVERNMENTS.

It was not until the arrival of Peter Minnit as Director-General,
in 1624, that the different settlements of New Netherland were
properly united under a single government. He bought Manhattan
island from the Indians, in 1620, for" the value of sixty guilders,' "
and established himself there with his Council, Ojpjper Koopman and
Schout. The Opjper Koopinan was next in authority to the Director
and Council. He was the chief commissary, book-keeper and pro-
vincial secretary. The Schout was public prosecutor, high sheriff
and customs officer. Exclusive executive, legislative and judicial
power and authority were vested in the Director and Council. The
Dutch Roman law and the ordinances enacted from time to time
constituted the law of the land. Appeals from the judgments of
the Court of the Director and Council lay to the States General, or
tlie Court of Holland. Many impediments, however, were thrown
in the way of such appeals.''

MANORIAL SYSTEM.

The West India Company's College of Nineteen, June 7, 1629,
issued a " Charter of Privileges and Exemptions," which provided
that any member of tlie Company who should purchase of the
Indians and found in any part of New Netherland (except Man-
hattan), a colonie of fifty persons over fifteen years of age, should
be in all respects the feudal loi'd or Patroon of the territory of which
he should thus take possession. The Patroon had power to appoint
officers and magistrates in all towns and cities on his lands ; to hold
manorial courts, from which, in cases where the judgment exceeded
fifty guilders, the only appeal was to the Director-General and Coun-
cil — in short, to hold and govern his great manor with as absolute
rule as any baron of the Middle Ages. The power of the Patroons
over their tenants was almost unlimited. No " man or woman, son
or daughter, man-servant or maid-servant," could leave a Patroon's
service during the time they had agreed to remain, except by his
written consent, no matter what abuses or breaches of contract
existed on the part of the Patroon. This charter also prescribed

1 About twenty-four dollars, gold. Minuit also purchased Staten island, and other places,

2 See "Constitutional Ilistory," " Executive Department," and "Judicial Department."

DcTCH Government.

regulations and granted privileges with regard to trade, gave to the
freemen all the land they could cultivate, and exempted them from
taxation for ten years. Churches and schools were refpiired to be
established, and the manufacture of cloths was prohibited. The
Company retained the fur trade, and fettered commerce. Several
Directors of the Company availed themselves of the advantages it
offered. The Patroon of Rensselaerswyck, however, was the only
one who established a manorial court ; and he rendered the privilege
of appeal nugatory by exacting of his tenants, as a condition to the
occupation of land, that they would not avail themselves of it. This
monopoly had a disastrous effect upon the colony ; differences arose
between the Company and the Patroons, and a new policy was,
therefore, inaugurated. In 1638, free emigration was encouraged ;
and in 1040 (July 19) the College of ]S"ineteen passed an ordinance
materially modifying the Charter of Privileges and Exemptions.
This policy of free emigration, free lands and free trade — incom-
plete as it was — increased at once and largely the prosperity of
the colony.

PATROONS OF NEW NETHERLAND.

COUlMB.

<
a

lh3(J
1630

1631

PATROONS.

COLONIE.

&3
►

•<
P

1641
1642
1646
1661

PATROOKS.

Pavonial

Michael Paauw.
Samuel Godyn.
Samuel Blommaert.
KUiaen van Rensselaer.

Achter Col to Tapaan 3
Stateu Island 4

Meyndeit Meyndertsen.

Colendonck 5

Adriaen van der Ponck.

Rensselaerswyck...

Nevesinck and Tapaan.

Cornells van Werkliovenli

ADVISORY COUNCILS.
The Indians in the neighborhood of Manhattan were not included
in the treaty of Tawasentha.^ Troubles with them, and complications
with the English, now began to seriously embarrass the colony. The
first popular assemblage was called by Director Kieft, August 23,
1641, to consider the course best to be taken to obtain the surrender
of an Indian who had murdered an aged and quiet settler, Claes
Smits, in revenge for the wanton murder of his uncle, committed in
1626. The meeting was held August 29. At this meeting it was
resolved to appoint " Twelve Select Men," to advise with the
Director-General with res])ect to the condition of affairs in the
colony.*- Thus was constituted the first representative body within
the limits of the present State of New York. It possessed no
legislative powers, however. " The Twelve Men " were again con-
vened January 21, 1642, on account of Indian troubles. At this

1 New J<T(M>y ritv; Burrendcrod In lfi.Vi-7.

2 At the ciiiM's fif the Delaware river: surrendered FehrunrvT, 16.1.').

3 Kn.ni tin- Kiirlt.iii river tn the lllKlilanilh. 4 Surrendered .lune M, 16.')9. !, Yonkers. Westchester county.
« He ahnn loneil these, ami In 1652 established a colonic at Nvack, now New Utrecht, L. I.

7 Sve paKu G. 8 Sec pa«e 27.

Advisory Councils.

meeting, they formally demanded popular representation in the
government, and an enlargement of the Council. Their demand
was refused, and on the 12th of February they were abolished.
Peace was concluded with the Long Island Indians, March 22,
164-3, and with the Hackingsacks (New Jersey Indians) on the
22d of April, following.

THE TWELVE

MEN, 1641.

David Pietersen Ue Vries,

president,
Jacques Uentyn,
Jan Jansen Dam,

Hendrick Jansen,
Maryn Adriaensen,
Abram Pietersen,
the miller.

Frederick Lubbertsen,
Jochim Pietersen Kuyter
Gerrit Dircksen.
George Kapalje,

Abram Planck,
Jacob Stoftelsen,
Jan Evertsen Bout,
Jacob Walingen.

THE EIGHT MEN.

The River Indians were dissatisfied with the treaty concluded
in the spring. The war growing more general and vindictive,
Director Kieft called the people together again, in September, 1643,
and requested them to choose from among themselves a new advi-
sory council.^ " The Eight Men " were accordingly selected on the
13th, and met for the first time on the 15th. They convened eveiy
Saturday for deliberation, for some time, and were again convoked
June 18, 1644. The war with the Indians closed in 1645, treaties
of peace being executed with some of the Long Island Indians May
29, with the Mohawks at Fort Orange in July, and with the Man-
hattans at New Amsterdam August 30. The Eight Men were
accordingly dissolved.

The Eight Men seized the reins of power with more vigor than
their predecessors. They opposed the administration of Director
Kieft, sent pathetic appeals and urgent remonstrances to the States
General, denied the power of the Director to impose taxes, and were
earnest in their demands for popular rights, in the same measure
and to the same extent enjoyed by the people at home. Their peti-
tions were heeded, and Petrus Stuyvesant was sent out to govern
the province.

THE EIGHT MEN.

1643.

Cornelis Melyn,

president,
Jochim Pietersen Kuyter,
Jan Jansen Dam, 2
Barent Dir-cksen.
Abram Pietersen, the miller.

Isaac Allerton,

Thomas Hall,

Gerrit Wolphertsen (van

Couwenhoven),
Jan Evertsen Bout. 3

1645.

Jacob Stoffelsen,
John Underbill.
Francis Douty,
George Baxter,
Richard Smith,

Gysbert Opdyck.
Jan Evertsen Bout,
Oluff Stevensen vanCorfc
landt.

1 See pages 28-33.

2 Expelled September 15.

3 In place of Dam, expelled.

60 Dutch Government.

THE NINE MEN. '

Director Stuyvesant ruled with rigor, and without success. He
soon began to see that lie could not administer the government with-
out popular support. Taxes were paid, if at all, with reluctance ; tlic
Indians were threatening, and the palisades needed repair; business
was dull, and there \vas a general condition of discontent, depression
and danger. The Director, therefore, very unwillingly, followed tlu'
advice of his Council, and admitted the people to participation in the
government. A general election was ordered in the autumn of 1647,
at which the burghers of New Amsterdam, Breuckelen, Amersfoort
(Flatlands), and Pavonia (N. J.), were to choose eighteen delegates,
from whom the Director and Council were to select nine.

The powers of the Nine Men were defined by proclamation in
September, 1647. They were established in order that the colony,
" and p'rincipally New Amsterdam, our capital and residence, might
continue and increase in good order, justice, police, population, pros-
perity and mutual harmony, and be provided with strong fortifica-
tions, a church, a school, trading-place, harbor, and similar highly
necessary public edifices and improvements ; " that " the honor of God
and the welfare of our dear Fatherland, to the best advantage of
the company, and the prosperity of our good citizens " be promoted ;
that " the pure Eeformed religion, as it is here and in the churches of
the Netherlands," be preserved and inculcated. It was only to
give advice on such propositions as the Director and Council
chose to submit to it." The Board could only meet when called
together by the Director and Council, and the Director-General was
to preside whenever he thought fit. Six of the Nine Men retired
annually, and six new members were appointed by the Director from
twelve of " the most notable citizens " to be nominated by the Board.

Three of the Nine Men — one from each class — were to sit in
turn at the Council board each week ; were to attend for a month in
rotation on the weekly court, as long as civil cases were before it,
and to act subsequently as referees or arbitrators in civil suits, with
the right of apjioal to the Council, on payment of a fee. Thus they
constituted the first inferior court in the present city of New York,

1 "Thr Trlhiiiiftl nl wcll-liorn Men." or nf " Moil's Men." as it was somptimos called, was one of vorv
nnru'iit ilatc. Imvini; bi-i-n llrsi inslilutiMl in Iho Low Conntrips. it is supposed, in the vear 1205. It oriKinallV
had separate criniiniil and civil t'lrisdii-.ion. the first exeri'ised liv lliirteen and the seconil bv seven nieii.
Thesi- rriiirls were iiiiiliMl short Iv hefore the UevoUition. the liailllVof each district having lieen thenallowetl
to ailinlni-ter lustlce, in holli civil ami eriinlnal eases, with "Thirteen elected irood men." This svstem, su
like the niodcTn |urv. contlniie.l iinlil the spring; of ICll, when Ihi' ininiher was altered to "Nine well-born
men." who were aiithorii'.ed to administer lusliei' tonelher. [Van Leeiiwen's roni., l.^.l These tribunals
wonlil seem to be a modlllcatlon of the primitive Wltan (Wise Men), who administered Justice before the
Curlstluii era, amonK Oerniun tribes. 2 See pages 33-36.

Municipal System.

and were the immediate predecessors of the Burgomasters and
Schepens, or Common Council of New Amsterdam.

THE NINE MEN,

1647.

1649.

1650.

1652.

Augustine Heerman,

Adriaen van der Donck,

Oloff Stevensen van Cort-

David Provost,

ArnoMus van Ilanlenb'gh.

lu'* ^i(h'}tt,

land, pri'sident.

William Beeckman,

Govert Loockermans,

Augustine Heerman,

AuRUstine Heerman,

Jacobus van Curler,

merchants.

Arnoldus van Hardenb'gh,

Jacob van Couwenhoven,

AUard Anthony,

Jan Jansen Dam,

Govert Loockermans,

Elbert Elbertsen,

Isaac de Forest,

Henilrick Hendricksen

Olotf Stevensen van Cort-

Hendrick Hendricksen

Arent van Hattem,

Kip,

land,

Kip,

Jochim I'irtiTscn Kuyter

.Jacob Wolphertsen van

Hendrick Hendricksen

Michael Jansen,

Paulus Lei-iidiTtsen van

Conwenlioven,

Kip,

Thomas Hall,

der Grist,

biiri/hcrs.

Michael Jansen,

Govert Loockermans,

Peter Cornelissen,

Michael Jansen,

Elbert Elbertsen (Stoot-

J. Evertsen Bout,

miller.

Jan Evertsen Bout,

hof).

Thomas Hall,

Jacob Wolphertsen van

farmers.

Couwenhoven.

MUNICIPAL SYSTEM.

Agitation continued for the purpose of obtaining the full measure
of popular rights enjoyed in Holland, and for the recall of Stuyve-
sant, notwithstanding his concessions. The movement was led by
Adriaen van der Donck, President of the Nine Men, and his expul-
sion from that Board and from the Council was secured by the
Director. Yan der Donck, with Jacob "Wolphertsen and Jan Evert-
sen Bout, were then sent to Holland as agents for the colonists.
Van der Donck remained abroad three years, when he returned
bringing a favorable decree with him.

In accordance with its concessions. Director Stuyvesant issued
a proclamation on the day of the Feast of Candlemas, February 2,
1653. It was the intention of the States General to establish " bur-
gher government " in New Amsterdam, in the same form that it
existed in Holland ; to confer upon the people the right to elect a
schout or sheriff, two burgomasters who were in effect the chief
magistrates of the town, and five schepens who were to constitute
a court with civil and criminal jurisdiction, with appeal to the
Supreme Court, consisting of the Director and Council, and that
certain privileges of trade should be extended. Burgomasters had
existed in Holland since the fourteenth century ; and it was intended
that they should be elected by the burghers of New Amsterdam,
for they were to be " the fathers of the " burghery." The Director
and Council, however, assumed the power to appoint, in the first
instance, and continued to exercise the power until 1658, when the
Burgomasters were allowed the privilege of nominating a double
number, from which the Director and Council selected the members
of the Board for the ensuing year.^

1 See pages 36, 37, 42. 44.

Dutch Government.

The Burgomasters succeeded the Nine Men. They were, ex officio^
cliief rulers of the city ; principal church wardens ; guardians of the
poor, of widows and orphans ; without their consent no woman or
minor could execute any legal instrument. They assisted in the
enactment of city laws, held all city property in trust, farmed the
excise, and were keepers of the city seal. Each Burgomaster
attended daily, in rotation, during three months in the year, at the
City Hall, for the dispatch of j^ublic business ; and at the end of
the quarter called a meeting of the acting and ancient Burgomasters,
to whom he reported the state of the city. Each Burgomaster was
allowed a salary of 350 guilders ; equal to $140. One Burgomaster
retired annually from office, and then became City Treasurer for the
next year.^

Local officers, or inferior courts with limited jurisdiction, were
authorized in various villages from time to time. Breuckelen was
thus incorporated, June 12, 1646.

BURGOMASTERS OF NEW AMSTERDAM.

1653.

Arent Van Hattem,
Martin Cregier.

1654.

Arent van Hattem,
Martin Cregier, '

Allard Anthony. 2

1655.

Allard Anthony,
Oloff Stevensen van Cort-
land.

1656.

Allard Anthony,
OlotT Stevensen van Cort-
land.

1657.

Allard Anthony,
Paulus Leendertsen van
dcr Grist.

1658.

Paulus Leendertsen van
der Grist,

Oloff Stevensen van Cort-
land.

1659.

Oloff Stevensen van Cort-
land,
Martin Cregier.

1660.
Martin Cregier,

1660.

Allard Anthony,
Oloff Stevensen van Cort-
land. 3

1661.

Allard Anthony,
Paulus Leendertsen van
der Grist.

1662.

Paulus Leendertsen van
dcr Grist,

Oloff Stevensen van Cort-
land.

1663.

Oloff Stevensen van Cort-
land,

1663.

Martin Cregier,
Paulus Leendertsen v
der Grist. 4

1664.

Paulus Leendertsen \

der Grist,
Cornelis Steenwyck.

1673.

Johannes van Bnigh,
Johannes de Peyster,
.S;gidius Luyck.

1674.

.Johannes van Brugh,
William Becckman.

REPRESENTATIVE CONVENTIONS.

In September, 1653, delegates from the several colonies and conns
met at New Amsterdam,' and, with the Director and Council,
enacted divers ordinances against the excessive prices of merchan-
dise, provisions, etc. The names of the delegates are not on record.

In October, 1 653, delegates from Hempstead, Gravesend, Flushing
and Middleburgh (Newtown), met at the last-named place and called
a convention to be held at New Amsterdam the next month.*

The convention thus called met Nov^ember 26, 1653. The occa-
sion for the meeting was the war between England and Holland.'

1 O'CftllBghan'B New Notherlnml.

2 In place of Van Hattem, returiiod to Holland.

3 In the absence of the regular Burgomasters.

4 Vice Cregier, who entered the military service.

5 See page 37.

6 See pages 37, ,18.

Kepresentattve Conventions.

December 10, 1653, a provincial convention assembled at New
Amsterdam, pursuant to writs issued by the Director on the 8th,
at the request of the November convention.^

July 6, 1663, delegates met at New Amsterdam to engage the
Dutch towns to keep up an armed force for public protection.'

November 1, 1663, a convention was held at New Amsterdam,
which addressed a remonstrance to the Amsterdam Directors. We
have failed to find their names in any records, although veiy impor-
tant proceedings are given at length.^

February 27, 1664, a convention^ was held at Flatbush, L. I., to
send delegates to Holland, to represent to the States General and
the West India Company the distressed state of the country ; and a
convention^ for a similar purpose was held at the City Hall, New
Amsterdam, April 10, 1664.

March 1, 1665, a convention* was held at Hempstead under au-
thority of the English Governor. We give the names of members
in the lists of delegates below, for the purpose of preserving the
chronological order,

September 4, 1673, a convention of delegates from the eastern
towns of Long Island was held at Jamaica to confer with the Dutch
commanders.

March 26, 1674, a convention of delegates from the Dutch towns
was held at N ew Orange, to confer with Governor Colve.

DELEGATES TO CONVENTIONS.

November, 1653.

Governor's Council.
Johannes La Montagne,
Cornells van Werckhoven.

iVeiw Amsterdam.
Martin Cregier,
Paulus Leendertsen van
der Grist.

Gravesend.
George Baxter,
James Hubbard.

Flushing.
John Hicks,
Tobias Feaks.

Neiutown.
Robert Coe,
Thomas Hazard.

December, 1653.

New Amsterdam.
Arent van Hattem,
Martin Cregier,
Paul L. van der Grist,
William Beeckman,
Peter Wolphertsen var
Couwenhoven.

Gravesend.
George Baxter,
James Hubbard.

Flushing.
John Hicks,
Tobias Feaks.

Newtoion.
Robert Coe,
Thomas Hazard.

Hempfitead.
William Wasborn,
John Seaman.

Flatlands.
Thomas Spycer,
Elb'rt ElbVtsenCStooth'O

Brooklyn.
Frederick Lubbertsen,
Paulus van der Beecq.

Flatbush.
Thomas Swattwout,
Jan Strycker.

July, 1663.

New Amsterdam,
Paul L. van der Grist,
Jacob Strycker.

Flatlands.
Simon Jansen,
Roelof Martensen.

Gravesend.
William Wilkins,
Charles Morgan.

BrooMyn.
Frederick Lubbertsen,
Peter Pietersen van Nes.

Flatbush
•Tohn Strycker,
Hendrick Jorissen.

New Utrecht.
Rutger Joosten,
Jacob Pietersen.

February, 1664.

Flatlands.
Adriaen Hegeman,
Elb'rt Elberts'n(Stooth'f)
Pieter Claessen,
RoelofMartensenSchenck

Brooklyn.
William Bredenbent,
Albert Cornelissen Wan-
tenaar.

Tennis Gysbertsen Bo-

gaert,
Thomas Verdonck.

Flatbush.
Hendrick Jorissen,
William Jacobsen van

Boerum,
Jan Sneilicker.

New Utrecht.
Jacob Pietersen,
Balthazar Vosch,
Francis de Bruyn.

Buf^hwick.
Peter .Jansen ile Witt,
Barent Joosten.

April, 1664.

Rensselaersxvych.
Jeremias van Rensselaer,

(president.)
Dirck van Schelluyne.

New Amsterdam,.
Cornells Steenwyck,
Jacob Backer.

Fort Orange.
Jan Verbeeck,
Gerrit Slechtenhorst.

1 See pages 37-41. 2 See page 44. 3 S»e page 45. 4 See pages 45-46.

Proprietary Governments.

)\'iltwyrK-.
Thomas t'liaiiiliiTs,
Oysberl van Inibroch.

IlaerUm.
Daniel Tcrnfiir,
Johannis Verveelen.

Stolen Island.
David lie- Marest,
Pierre Uilluu.

Brooklyn.
■William Hredcnbent,
Albert Comelissen Wan-
tenaar.

FhiOmsh.
Jan Str>-cker.
William (.Juilliamsen

FlaOanih.
Elbert Elbertsen Stoothof
Coert Stevcnsen van
Voorhees.

New Utrecht.
David Jochonisen,
Cornelis Beeckman.

Dnshwick.
Jan van Cleef,
Gysbert Teunisen BoRaert,

Bergen.
Engelbert Steenhuysen,
Herman Smecnian,

March, 1665.

Brooklyn.
John Evertsen,

Frederick Lubbertzen.

Bushwick.
John Steulman,
Gisbert Tunis.

Eauthainpton.
Thomas IJaker,
John Stratton.

Flathush.
John Stryker,
Uendrick Yorissen.

Flallands.
Elbert Elbertsen,
Roeloffe Martens.

Flushing.
Richard Cornhill,
Elias Doughty.

Gravesend.
John Bowne.
James Uubbard.

Hempstead.
John Hicks,
Robert Jackson.

Huntington.
John Ketcham,
Jonas Wood.

Jamaica.
Thomas Benedict,
Daniel Denton.

Newtown.
Richard Betts,
John Coe.

New Utrecht.
Jacques Cortelleau,
Vounker Fosse.

Oyster Bay.
Mathlas Harvey,
John Underbill.

Seatalcot.
Roger Barton,
Daniel Lane.

Southampton.
John Howell,
Thomas Topping.

Southold.
William Wells,
John Youngs.

Westchester.
Edward Jessup,
John Quinby.

September, 1673.

EasthampUm.
Thomas James.

Southampton.
John Jessup,
Joseph Reyner.

Southhold.
Thomas Hutchinson,
Isaac Arnold.

Brookhaven.
Richard WoodhuU,
Andrew Miller.

Bo-

Huntington.
Isaac Piatt,
Thomas Skidmore.

March, 1674.

New Orange.
Burgomasters.

lAing Island.
Jacob Strycker,
Francis Bloodgood. 1

Brooklyn.
Teunis Gysbertsen

gaert,
Jeronimus Rapalie.

Flallands.
Roelof Martcnsen Schenck
Coert Stevensen van
Voorhees.

Flalhush.
Jan Strycker,
Anke Jansen.

Bushwick.
Joost Kockuyt.
Hendrick Barentsen Smit

New Utrecht.
Hendrick Mattysen

Smack,
Cryn Jansen.

Bergen.
Claes Barentse,
Caspar Steynmits.

DUTCH AND ENGLISH DIFFICULTIES.
The Colony of Plymouth was planted in 1620, under a patent,
issued by King James I. In 1631, the Eai-1 of Arundel, Presi-
dent of the Plymouth Company, granted to Robert, Earl of War-
wick, the country from the ISTarragansetts along the shore, forty
leagues, and westward to the Pacific Ocean. Connecticut river, how-
ever, after its discovery by Block in 1614, was periodically and exclu-
sively visited by Dutch traders, for many years. In 1632, the
arms of the States General were erected at tlie mouth of the
river, at a spot called Kievit's Iloeck (now Saybrook), purchased
from tlie natives for the "West India Company. In 1633, Director
Yan Twiller purchased an extensive and beautiful table land,
ealh'<l the Connittekock, lying on the west bank of the river
some sixty miles from its mouth. The purchase was concluded June
8. Tlie price paid was "one piece of duffels, 27 ells long, six axes,
six kt'ttlt's, eighteen knives, one sword blade, one shears and some
toys." The Commissioners were Jacob Yan Curler,Frederick Lutfert-
scn, Gillis Pietero, Claus Jans Puyter, Domingo Dios, Parent
Jacobz Cool and Pieter Lowrensen. Upon this table land a trading

1 Represented the Dutch inhabitants of Flushing, Jamaica, Newtown and Hempstead.

Haktford Boundaet Treaty. 65

post was established, called " The House of Good Hope." The
Governor of Massachusetts' Bay speedily protested against this
acquisition, as an encroachment upon English rights. Director Van
Twiller responded, under date of October 4, 1633, claiming right-
fulness of possession by purchase. Meantime, the colony of Ply-
mouth sent out an expedition, which lauded about a mile above
Good Hope (Hartford) and the English thereafter rapidly settled at
various points in Connecticut and upon Long island, which was also
claimed under patent from Earl Stirling. These questions devolved
upon Director Stuyvesant to adjust. He accordingly appointed two
Boundary Commissioners, Thomas Willett, a merchant of Plymoutli,
and George Baxter, employed by Stuyvesant as his Secretary. The
Commission fixed the boundary line on Long island, from the
westermnost part of Oyster Bay straight to the sea ; on the main-
land, the point of departure was on the west side of Greenwich Bay,
about four miles from Stamford, the line to run thence up into the
country twenty miles, provided it did not come within ten miles of
the North river. This was called the Hartford Boundary Treaty of
1650. The States General delayed its confirmation so long as to
lose its benefits; and then it was nullified by Connecticut. The
English pressed hard upon the Dutch in "Westchester, while Massa-
chusetts, under the claun that her patent extended indefinitely
westward, proposed to settle a colony on the upper waters of the
Hudson, and insisted upon the right to navigate the river in order
to reach her alleged possessions. Fort Good Hope was sequestered
by the General Court of Hartford, by an act passed April 6, 1654.

After the restoration of Charles II, John Winthrop the younger
was sent by the General Court of Hartford as the agent of that
colony to England, with instructions to procure a new charter from
the king. New letters patent were accordingly issued in April,
1662, confirming the boundaries of the original patent, with enlarged
privileges. It gave to the patentees one hundred and twenty miles
from the Narragansett river along the coast, " toward the south-west,
west and by south," and from that Hue westward in its full breadth
to. the South Sea (the Pacific Ocean). The new patent covered not
only Long island but all northern New Netherland. For two years
Stuyvesant resisted these pretensions to the best of his ability, but
was finally glad to accept of a compromise, to the effect that there
should be mutual forbearance, the Dutch and English towns to be
free respectively from interference from either government. This
left the English in undisturbed possession of all they had gained by
9 .

66 Capture of New Amsterdam.

their aggressions. Under the new charter, the colony of Connecti-
cut bought of the Indians all the country lying between "Westchester
and the North river, including Spuyten Duyvil creek, which had
been purchased by the Dutch fifteen years before.

Charles II, on the 12th of March, 1664, conveyed by patent to
his brother James, Duke of York and Albany, all that portion of
the present State of Maine included between the rivers St. Croix
and Kennebec ; also, Nantucket, Martha's Vineyard and Long
island ; together with all the land from the west side of the Con-
necticut river to the east side of Delaware bay. The next month a
fleet of four ships, with a force of three or four hundred men, under
the command of Colonel Richard Nicolls, as the lieutenant-governor
of the duke, sailed for New England. With Nicolls were joined as
commissioners, Sir Robert Carr, Sir George Cartwright and Samuel
Maverick, with extraordinary powers for settling all difficulties in
the New England colonies, as well as to take possession of the Dutch
province and reduce its inhabitants to obedience. The commission-
ers arrived in Boston late in July, and there was, a delay of nearly a
month before the expedition sailed for New Amsterdam. Director
Stuyvesant was absent at Fort Orange when the English flag-ship
sailed up the bay. He returned as quickly as possible, and on
Friday, the 29th, sent a deputation to Nicolls to demand his purpose.
With all his energy and daring, however, he could not disguise the
defenseless condition of New Amsterdam. There was no alter-
native but surrender,^ which he did on the 8th of September, 1664.
Governor Nicolls proceeded to organize civil government,^ and to
that end called a convention at Hempstead^ in March, 1665.

On the 7th of August, 1673, a Dutch fleet of twenty-three ships,
being in need of wood and water, anchored in the outer bay of New
York, just below Staten island. The fleet was under command of
Commodores Cornelius Evertsen and Jacob Benckes. The Dutch
inhabitants gladly conveyed to them intelligence of the defenseless
condition of the island. The port was then in command of John
Manning, captain of an independent company. On the 9th, he
communicated with the officers of the fleet, proposing to surrender :
whereupon the ship sailed up to the harbor, moored under the fort,
lan«led their crew, and entered the garrison, without giving or re-
wiving a shot. For this act of surrendering to commanders only
accidentally witliin the waters of the province. Manning was subse-
quently tried and condemned.

1 »vc i)n(f.>s U, H5. 2 8ce pages 45-48. 3 See pages 63. M.

PLATE B

Duke of Yokk's Goternment, 67

The Commodores, on the 12th of August, organized a Council of
War consisting of Captains Anthonj Colve, Nicholas iJoes and
Abraham Ferd. Van Zyll. The following month. Captain Colve
was appointed temporary Governor, and the fleet proceeded to its
destination. The old official titles were restored amid popular re-
joicing. The joy of the inhabitants was short, however. Colve
was restoring the Dutch system as rapidly as possible, when his
government was brought to an abrupt end. New Netherland was
conceded to the English by the j)eace of "Westminster, proclaimed
March 6, 1674, and a new patent was issued to the Duke of York
in June. On the 11th of July, Colve officially announced, at the
Stadt Huys, that he must surrender the province on a duly author-
ized demand. Articles of capitulation were signed September 7 ;
Fort Orange surrendered October 5, and was named Albany, and
the Dutch and Swedes on South river capitulated October 12.
On the 10th of November, Colve formally gave " New Netherlands
and dependencies " over to " Governor Major Edmund Andros, on
behalf of His Brittanic Majesty," and the province was fully restored
to English rule.

Governor Andros asserted his authority from the Connecticut to
the Delaware, and the territorial bounds of the colony continued to
be thereafter a subject of contention with its neighbors. His con-
duct of the government created great dissatisfaction.^

GOVERNOR DONGAN'S ASSEMBLY.

Governor Dongan arrived in August, 1683, and on the 13th of
September ordered the election of a General Assembly, consisting of
fourteen Representatives, apportioned as follows : Long island, two ;
Staten Island, one ; Esopus, two ; Albany and Rensselaer's colony,
two ; Schenectady, one ; Pemaquid and dependencies, one ; Martha's
Vineyard, Nantucket, Elizabeth and other adjacent islands, one;
Westchester, four, and New York, f om*. The Assembly thus elected
met at Fort James, New York, October 17, 1683. The death of
the King raised a doubt in the mind of Governor Dongan, as to the
legal existence of the Assembly. He therefore issued writs for the
election of a new one. The i*ecords being lost,^ the names of the
following members, only, can be given :

First Assembly — /\>s< Susion.— 0<»-nvjall — Gyles Goddard. Westchester — Thomas Hunt. Sen.
John Palmer, Richard Ponton, William Richardson. Speaker — Matthias NicoUs. Clerk — John Spragg.

Second Session.— October 21-29, 1684. Speaker — Matthias NicoUs ; Clerk — Robert Hammond.

Second Asseublt. Convened October 20, 1685. Speaker — William Pinhome ; Clerk — Robert Ham-
mond.

1 See page 49. 2 See pages 49-52 ; also, " Judicial Department. "

English Jurisdiction.

This Assembly adjourned November 3, 1685, to meet September
25, 1686. King James II, however, abolished the General As-
sembly June 16, 1686. Intelligence of his action was received in
New York September 14, eleven days before the time fixed by
the Assembly for its Second Session. Governor Dongan had in
the meantime, on the 4th of September, prorogued the Assembly
until March 25, 1687. In compliance with the edict of the King,
this action was superseded on the 20tli - of January, 1687, by an
order dissolving the General Assembly.

LIEUTENANT-GOVERNOR LEISLER'S ASSEMBLY.
"Writs for the election of a General Assembly were issued by
Lieutenant-Governor Leisler, after his accession to power in 1689.
Every county, except Suffolk, chose representatives. This Assembly
held two sessions, one in April and the other in October, 1690.

LEISLER'S

ASSEMBLY.

MEMBERS.

TOWNS.

MEMBERS.

TOWNS.

John Spratt, Speaker

(Cornelius Pluvier

New York.
New York.
New York.
New York.
Westchester.
Kings.

Nathaniel Pearsall

Queens

None

Suffolk.

Robert Walters

Jan Janse Bleecker

Ulster.

Wniiam BeekmaD

Albany

Thomas Browne

>7an Janse Sclierinerhorii

Schenectady.

ENGLISH JURISDICTION.
The Dutch rested their title to New Netherland on the fact that
they were the original purchasers from the Indians, and upon the
rights acquired by treaties with the Long Island Indians, the River
Indians and the Iroquois nation or confederated republic of Indians,
whose rule extended far and wide over the continent, and who were
the allies of England. The Duke of York's title was not deemed
perfect, until the issue of the new patent in 1674, conveying sub-
stantially the lands acquired by the peace of Westminster ; and the
EngHsh Governors claimed jurisdiction co-extensive with the origi-
nal claims of New Netherland. In subsequent voluminous corre-
spondence concerning the conflicting rights of French and English,
the latter distinctly placed their claims upon these grounds, and not
upon the shadowy and vague title of discovery, or the still more
absurd point that Ilcndrick Hudson was a native Englishman. The
English, therefore, succeeded to the Dutch jurisdiction, and questions
of territorial boundaries between other provinces, as well as ques-
tion.« of sovereignty with the French, were treated from this stand-
jHjint. Tlic Dutch laws, not inconsistent with the laws of England,
continued to be the law of the province.

PL^TE C

CONSTITUTION OF THE COLONY.

The ancient rights and liberties of all Aryan freemen, with the
clear appreciation and affirmation of the sovereignty of the People,
constituted the legacy of liberty bequeathed to the colony of New
York by the Dutch and English inhabitants of New Netherland.
The institutions by which this legacy was to be preserved and this
sovereignty made to execute its will were yet to be developed on our
own soil, from the germs transplanted from the old world. This
has been an unconscious growth, and we scarcely realized the beau-
ties of our construction, imtil they flashed upon us, revealing
rather the workmanship of a superior intelligence moulding the
incidents and accidents of history to its pm-pose, than any design
among men. In practical appreciation of the science of govern-
ment, however, we have led the world and learned little from others ;
while all peoples have come to us to understand the secrets of
its philosophy, and profit by its mechanical application.

The English Constitution is governed by precedent. The Crown
and the Parliament, from time to time, had conflicts of authority,
and as these became settled they entered into the organic law of the
land. Precisely this process went on in this Colony. The General
Assemblies were engaged in writing the Constitution in accordance
with the will of the People ; the Governors endeavored to settle
it in accordance with the will of the Crown. This organic
growth we will endeavor to trace.

The Charter of Liberties^ as passed by the General Assembly in
1691 (May 13) was entitled " An Act declaring what are the Eights
and Privileges of their Majesties' Subjects inhabiting within the
Province of New York." It was vetoed May 11, 1697, the Lords
of Trade, in their adverse report, assigning as a reason that it gave
" great and unreasonable privileges " to Members of Assembly, and
" contained also several large and doubtful expressions." It was,

1 See pages 4»-52, 53.

70 The Legislative Authority.

therefore, recommended that the meaningless Charter of Virginia
be transmitted to the General Assembly for enactment, but it was
never accepted by that body. The conflict between the Crown and
the People had already commenced. Toward the close of 1694, the
Assembly perceiving that the taxes and revenue, in about three years,
had been nearly £40,000, and that the same were generally misapplied,
desired the Governor (Fletcher) to account, which he refused to do,
saying that it was the business of the Assembly to raise money and
of the Governor and Council to lay it out. The Assembly was dis-
solved and a new and more subservient one elected in 1695, which it
was declared was " packed " by the Governor.

The spirit of the Royal government is shown in the veto of the
Charter of Liberties, and in the commission and instructions to Earl
of Bellomont as Governor, the first issued June 18, 1697, and the
second dated August 31 following. He was given an absolute
negative on the acts of the Assembly and Council, to the end that
nothing may be passed dangerous to the prerogatives of the Crown ;
he had the power to prorogue the Assembly, to institute Courts, to
appoint Judges and to disburse the Revenues. Ofiicers were not to
be displaced " without good and sufficient cause " in writing to His
Majesty. Schoolmasters must be licensed by the Bishop of London.
" For as much as great inconveniences may arise by the liberty of
printing within the province of New York, you are to provide all
necessary orders, that no person keep any press for printing, nor that
any book, pamphlet or other matter whatsoever be printed, without
your especial leave and consent first obtained." In other words, the
Royal government of Great Britain over the province was a Royal
despotism.

The Earl of Bellomont complained to the Lords of Trade, May
13, 1699, that Chief Judge Smith and Attorney-General Graham
had given it as their opinion that the King cannot, by law, estal)lish
courts of justice by his own authority ; that it must be done by act
of Asseml)ly. The question thus raised continued to be a disturbing
one.' Another question which caused some disturbance was the
enacting clause. The original and favorite phraseology was, " Be it
enacted by His Excellency theGovernor and Council, and Representa-
tives convened in General Assembly, and by the authority of the
same." This was chaiiged in 1703 to read, " Be it enacted, and it is
hereby enacted, by his Excellency the Governor, by and with the

1 See Judicial Department.

PLATE D

Religious Liberty. 71

consent of Her Majesty's Council and Representatives of the Colony
of New York." In 1704, it was sought to insert the word " advice, "
to which the Assembly objected (June 9). In the Commission to
Governor Hunter (October 19, 1709) the style of enacting laws was
directed to be, " By the Governor, Council and Assembly," and no
other. The words " And it is hereby enacted by authority of the
same" were adhered to, however, and in 1748 (Aug. 13) Governor"
Shirley, of Mass., who had been consulted by Governor Clinton,
objected to the phrase, on the ground that while it could not be a
" designed encroachment " on the Royal prerogative, yet as it " may
have a tendency to accustom the Assemblies to consider their power
of passing laws as complete without His Majesty's allowance of
them, it should be omitted." This was undoubtedly precisely the
reason why the Assembly, from the beginning, insisted on the perfect
possession of legislative power by the People, as they had always
contended and had finally written their demands in the Charter of
Liberties.

Another of the inalienable rights of all freemen was pressed to
an issue, and decided early in the history of the colony. In the
Governor's instructions, he was required to see that no one preached
in the province, except under a license of the Bishop of London, >
without his (the Governor's) expl-ess permission. In 1707, Rev.
Francis Makemie, a Presbyterian clergyman, traveling through New
York, violated this requirement and was brought before the Gover-
nor, to whom he boldly replied : " Your instructions are no law to
me." He was indicted, tried and acquitted, the learned Chief Jus-
tice (Mompesson) charging the jury that the question was a doubtful
one. In 1728, a royal commission was issued to the Bishop of Lon-
don conferring on him spiritual and ecclesiastical jurisdiction in all
the plantations of America. The effort to make the Church of Eng-
land the established church in New York was steadily pressed, but it
was as steadily and very successfully resisted.

The Governor's commission ^ contained this paragraph : " You, the
said Robert Hunter, with the consent of our said Council and Assem-
bly, or the major part of them, respectively, shall have full power
and authority to make, constitute and ordain laws, statutes and ordin-
ances for the public peace." The supporters of the Royal preroga-
tive claimed that the Assembly had no other right to exercise the

1 Dated October 19. 1709.

72 Stubborn and Di&loyal Assemblies.

power of legislation than that conferred by the King's commission,
while the opponents of prerogative insisted that the power to legis-
late is a natural and indefeasible right of the People, and not a pre-
rogative of royalty.

The spirit and determination of the People were clearly manifest
in the first Assembly, but any outward rupture was carefully
avoided. A revenue bill was passed, limited to two years, and a
bill for the quieting and settling the disorders that have lately hap-
pened within this province ; another for the establishing and secur-
ing their Majesty's present government against the like disorders
for the future, and another for the establishment of Courts of Judi-
cature. These bills, or the principles connected therewith and
enunciated in the Charter of Liberties, constituted the dividing line
between Crown and People during the entire colonial period.

The first Assembly was dissolved and a second chosen in 1692.
To this Assembly, the subject of revenue was presented by Gover-
nor Fletcher, as the existing law would expire in the following
April. The Assembly passed a bill continuing the revenue for two
years, the Council sought to amend by making it five years, and the
Governor asked that the revenue be settled on their Majesties for
their lives. The Assembly adhered to the original bill and was
dissolved, the Governor first scolding them because they had done
nothing for their Majesties. " There are none of you," he said, im-
patiently, "but what are big with the privilege of Englishmen, and
Magna Charta, which is your right." The next Assembly was
little better. It passed a bill continuing the revenue for five years,
which the Governor was forced to accept. He, however, lectured
them for their " stubbornness " in refusing to make it for the lives
of their Majesties, and dissolved them. The fourth Assembly
complained of profligacy in expenditures, framed bills for the fron-
tier defenses in such a way that the Governor said they took " the
military command away " from him, and was finally dissolved, the
Council expressing the opinion that " there is no good to be expected
from this Assem])ly." The fifth 'Assembly, elected in 1695, held
several sessions, witli but little conflict with the Governor. The sixth
Assembly was ])erated l)y Bellomont with a scolding address in May,
1698, and dissolved in June for being "disloyal." The seventh
Assembly acted in harmony with the Governor, and was terminated
by his death. The eighth Assembly existed through the admin-
istration of Lieutciiaiit-Governor Nanflm, and had no political

Rights of the Assembly. 73

significance. The ninth Assembly, which was the first under Lord
CJornbury, presented a marked contrast to it, however, and gave
vigorous expression to popular rights.

The profligacy of previous administrations caused the House to
adopt an address to the Governor, June 16, 1703, relative to exorbi-
tant fees and exactions, and requesting the appointment of a Treas-
urer who shall be " a freeholder and inhabitant here." The in-
security of mone3^s in the hands of Receivers-General, who were
non-residents and irresponsible, with the inability to obtain proper
accounting, led to this expedient, which was to be productive of
important consequences.

At the opening of the fourth session of this Assembly (April 13,
1704), the Governor called attention to " the wicked construction put
by the then Chief Justice " on the act relative to disorders, passed in
1691, and requested its amendment. This led to the most energetic
assertion of their claims on the part of the various departments of
government. The Council (May 9) insisted that the General
Assembly consisted of the Governor, Council and House of Repre-
sentatives ; inserted the word " advice " in the enacting clause, and
referred to the Colony as a " province," to all of which the Assem-
bly objected ; but on the 26th, the House yielded except with
regard to the word advice, " always saving their rights, this com-
pliance notwithstanding." The Governor thereupon (June 1)
summoned them before him, and required them to state what those
rights are, saying that he knew of none which they possessed as an
Assembly, " but such as the Queen is pleased to allow."

The Assembly promptly responded. In an address to the Queen,
adopted October 24, 1702, referring to the representations that many
in the Province were " disaffected to the government and laws of
England," they had affirmed their " readiness to support the govern-
ment of England, as by law established." The colony had been
seriously troubled since the inauguration of the Leisler government.
Leisler and Milbourn had been executed, and now Col. Nicholas
Bayard and Aid. John Hutchins, of the city of New York, had been
convicted of high treason. The colonists were determined to secure
a reversal of these convictions, and the Legislature passed an act for
that purpose, which subsequently received the approval of the
Queen, the sentences were annulled, and the attainder removed.
Now, when required to state their rights, they not only did so, but
they defined and limited the powers of the Governor. They stated
in their address (June 9), that they were endeavoring to confonn
10

74 Natural and Civil Liberty.

thernseives to the true intent of the commissions issued by the
Cro^vn. In these commissions, the " deputies of the People " were
referred to as the General Assembly. They had yielded on this
point, however, but were " dissatisfied with the word advice." The
limitation they placed on the legislative power of the Governor
must have sounded strangely in those days. " Your Excellency is
not directed," they boldly said, " in the making of laws, to take the
Advice of Council or Assembly, or both, but manifestly the con-
trary. Your Lordship's own prudence being wholly and solely in-
trusted to prevent that whatsoever might be agreed on by the
Council and Assembly (in his judgment) to the prejudice of the
Crown should not receive the sanction of law." When the
Governor had exercised his discretion with regard to the rights of
the Crown, he had exhausted the powers of the commission. While
he possessed an absolute veto, it was solely for that purpose, and not
for the purpose of thwarting the will of the People ; and as they
claimed " English histories and laws " were " the birthright of English-
men," they insisted that the words "common consent in Parliament"
settled the question of right. The General Assembly proceeded :
" This Assembly being intrusted by the People of this plantation
with that care of their liberties and properties, and sensible of their
own weakness, lest through ignorance or inadvertency they should
consent to any thing hurtful to themselves or their posterity (in all
things admitting of doubts) are willing to save their rights, and those
rights tliey mean to be that natural and civil liberty, so often claimed,
declared and confirmed by the English laws, and which they con-
ceive every free Englishman is entitled to. Whatsoever else may
admit of controversy, the People of this colony think they have an
undoubted, true and entire property in their goods and estates, of
wliich they ought not to be divested but by their free consents, in
sucli manner and to such ends and purposes as they shall think fit
and not otherwise; if the contrary should be admitted, all notion of
property would cease." These principles being obnoxious to the
Governor, the General Assembly was dissolved toward the close of
the year, and a new election ordered.

The tenth General Assembly was as stubborn in its resistance of
the claims of the Crown as the ninth had been. In October, 1705,
Governor Cornbury received instructions " not to pemiit any clause
whatsoever to bo inserted in any law for levying money or the value
of money, wherel)y the same shall not be made liable to be accounted
for to us here in England," and not " to suffer any public money

Council cannot alter Money Bills. 75

whatsoever to be issued or disposed of otherwise than by warrant
under your hand, by and with the advice and consent of our said
Council." The Assembly having asked for the appointment of a
Treasurer, on the ground of gross financial mismanagement by the
agents of the Crown, they responded to the Governor on the 10th,
that the fact that the Treasurer would be " accountable to the
General Assembly" would not prevent his accounting also to the
Crown, and on the 12th they denied the right of Council to amend
money bills. The Governor declined to approve several bills because
contrary to his instructions. On the 2Tth of September, 1706, the
Governor stated to the General Assembly, in his speech, that he was
commanded by the Lords of Trade to say that the Council "have
undoubtedly as much to do in passing of bills for the granting and
raising of money as the Assembly, and consequently have a right
to alter or amend any such money bills as well as the Assembly ;"
and, with reference to another act, he said that they regarded it as
" highly presumptuous in the Assembly to pretend to propose or pass
any clause whereby her Majesty is restrained in her Royal preroga-
tive of pardoning or reprieving her subjects whenever she sees it
reasonable and convenient." The Assembly continuing obstinate,
it was dissolved.

The eleventh Assembly was equally tenacious of the rights of the
People. It passed, unanimously, in 1708, a series of resolutions
claiming the appointment of coroners without their being chosen by
the people as a grievance and contrary to law ; declaring that it is
and always has been the unquestionable right of every freeman in
this colony, that he had a perfect and entire property in his goods
and estate ; that the imposing and levying of any moneys upon her
Majesty's subjects of this colony, under any pretense or color what-
soever, without consent in General Assembly, is a grievance and a
violation of the People's property ; that extravagant and unlimited
fees have been exacted, which are unreasonable and unlawful ; that
the erecting a Court of Equity without consent in General Assembly
is contrary to law, without precedent and of dangerous consequence
to the liberty and properties of the subjects, and denouncing the tariff
act. It was accordingly dissolved.

The question of the power of the People as represented in the
Assembly was immediately pressed to an issue. Hunter's com-
mission not only empowered him to appoint Judges, Commissioners
of Oyer and Terminer, Justices of the Peace, etc., but it gave him

7t> Control of the Treasury.

"full power and authority, with the advice and consent of the
Council, to erect, constitute and establish Courts of Judicature."

The revenue law^ expired May 18, 1709, whereupon the Assembly
passed an act making mone3'S payable to a Colonial Treasurer ap-
pointed by that body, and collected by an officer of the Assembly's
appointing. The act was amended by the Council, striking out
Treasurer and inserting Keceiver-General, an officer appointed by
the Crown, and making him responsible to the Governor, Council
and Assembly ; whereupon the Assembly denied the right of
Council to amend money bills.

The Queen's Council (March 1, 1710), the Assembly persisting
in the refusal to pass a revenue act, adopted an order to lay the
matter before Parliament, which, after several delays, was done in
1711. The bill imposing a revenue act upon the colonies was
pressed for two years without effect, notwithstanding it was a Tory
Parliament.

The next conflict occurred in 1711. In a very impertinent speech,
on the 12th of April, Governor Hunter demanded of the General
Assembly whether they intended to supj)ort the Government or
not, at the same time explaining that '■ giving money for support
of government and disposing of it at your pleasure, is the same
with gi^^ng none at all." The Assembly was soon after dissolved.

Governor Hunter wrote to the Lords of Trade (September 12,
1711), that " so long as the members of Assembly held their elec-
tions by no other tenure but that of saving the public money or
starving the government, there is nothing to be depended upon
them." Meantime, the Governor vetoed an act relating to Sheriffs
because it circumscribed the powers of the Governor, an act estab-
lishing an Agency at the Court of Great Britain, and an act estab-
lishing fees

The issue between the Council and the Assembly was sharply
defined in November, 1711. On the 14th, Mr. Johanuis Cuyler,
of Albany, was directed to acquaint the Council " that this House
is well assured they cannot but be sufficiently informed of the un-
doubted right and constant resolves of this House not to admit of
any amendment to be made by that Board to money bills." In re-
sponse, on the Ifith, Capt. "Walter was instructed to acquaint the
Assembly that the Council have the right to alter or amend
money bills, " being a part of the Legislature constituted as they
conceive by the same power as the Assembly are, which is by the
mere grace of the Crown, signified in the Governor's Commission."

SovEKEieN Rights of the People. 77

The Assembly responded on the 17th, in a bold enunciation of
the sovereign rights of the People : " The share the Council have
(if any) in the legislation does not flow from any title they have
from the nature of that Board, which is only to advise, or from
their being another distinct state or rank of people in the Constitu-
tion, which they are not, being all Commons, but only from the
mere pleasure of the Prince, signified in the commission. On the
contrary, the inherent right the Assembly have to dispose of the
moneys of the freemen of this colony does not proceed from any
commission, letters patents or other grant from the Crown, but
from the choice and election of the People, who ought not to be
divested of their property (nor justly can) without their consent."
And they remarked that if the Lords of Trade "• did conceive no
reason why the Council should not have the right to amend money
bills, is far from concluding there is none ; the Assembly under-
stand them very well, and are sufficiently convinced of the necessity
they are in not to admit of any encroachment so much to their
prejudice."

This, said the Council, in a communication to the Lords of Trade
(December 13, 1711), " calls in question any share we have in the
legislation which is given us by the Queen's Commission, that gives
this province the indulgence of an Assembly."

The Governor opened the Court of Chanceiy himself, whereupon
the Assembly (November 24, 1711) resolved that " the erecting a
Court of Equity without their consent is contrary to law, without
precedent and of dangerous consequences to the liberty and prop-
erty of the subject ; " also, " that the establishing fees without the
consent of the General Assembly is contrary to law."

The Lords of Trade wrote to Governor Hunter (June 12, 1712),
that " the Assembly sit only by virtue of a power in Her Majesty's
commission to you, without which they could not be elected to
serve in Assembly." The resolution of the Assembly regarding the
Courts, they said, " is very presumptuous and a diminution of her
Majesty's royal prerogative, for that her Majesty has an undoubted
right of appointing such and so many Courts of Judicature in the
plantations as she shall think necessary for the distribution of jus-
tice ; " and the power of regulating the fees was also insisted upon.
Their " naming Treasurers to collect the public money when her
Majesty has appointed an officer for that pm'pose, are other instances
of their disrespect and undutifulness." The Lords of Trade also
wrote to Secretary St. John (April 23, 1712), "They pretended

78 Triumph of the Assembly.

that thej do not sit as an Assembly and dispose of money by virtue
of any commission, letters patents or other grant from the Crown,
but from the free choice and election of the People."

The General Assembly persisted in the assertion of their rights.
Governor Hunter wrote to the Lords of Trade December 16, 1712,
with reference to the proceedings of the Assembly in adjourning
from time to time and in asking for a recess during the winter
season, that they render it clear " that there is no hope of any sup-
port of government from them, miless her Majesty will be pleased
to put it entirely into their own hands," and he dwelt upon the
importance of the matter as an example to other colonies. The
contest continued with no evidence of yielding on the part of the
Assembly. In 1715, Chief Justice Mompesson died, whereupon
Lewis Morris was appointed, because, wrote the Governor to the
Lords of Trade, he is " able to live without a salary, which they
will most certainly never grant to any in that station." With
this realizing sense of the importance of the act, Governor Hunter
finally yielded, a new Assembly having been elected which still
sustained the demands of the people ; whereupon they voted the
government a revenue for five years, and Governor Hunter ex-
plained the necessities of his surrender in a letter to the Lords of
Trade dated July 25, 1715. The Assembly voted the revenue for
five years, instead of one, in return for a general naturalization act,
to which the government had been opposed.

The Governors of New York, throughout this contest, represen-
ted the real spirit of the English monarchies. The election of
William and Mary established the right of Parliament to control the
Crown. Mary died three years before the veto of the Charter of
Liberties, and William came to his death five years thereafter;
Anne succeeding by virtue of the Bill of Eights. George I became
sovereign one year before Governor Hunter's surrender, by -sartue of
the Act of Settlement, and his successors hold by the same title.
But William was nevertheless disposed to fully assert the Eoyal pre-
rogative, and Anne was by nature as despotic as her father (James
II). They were compelled to recognize the power of Parliament,
but they resented it, nevertheless; the representatives of the land-
owners, who were the voters, asserting their absolute control of taxa-
tion. The two preceding sovereigns had been voted a revenue for
life, and Parliament now saw the error. The first act of the first Par-
liament of William and Mary was to restrict the revenue grant to four

Constitutional Revolutions, 79

years. William resented this, whereupon Parliament voted only an-
nual supplies, and the policy has been since maintained, as affording
the only effective way of controlling the Executive. Parliament also
took the control of the army, but it left the control of trade to the
Crown, and no one proposed to remove the censorship of the press.
Religious toleration was secured, and the practice of choosing a
homogeneousMinistry from the majority in Commons was introduced.
But it M^as under the Whig Junto that the Charter of Liberties was
repealed. The same year (1697), by the peace of Ryswick, Wil-
liam succeeded in his policy against France. The accession of the
Tories to power, gave William the opportunity to prove that a
consummate statesman may bend adverse elements to his will. The
Grand Alliance and the Whig war received the reluctant approval
of Tories, when the Tory Marlborough was given command ; who
pushed the King's policy to a successful issue. After William's
death, Anne was compelled to declare from the throne her purpose
to continue his policy. She did it, and in 1707 became the first
Sovereign of the United Kingdom of Great Britain. The Tories
grew more bitter against the war, and in 1708 Marlborough was
compelled to try and save himself by urging the Queen to restore
the Whigs to power. In 1710, however, the Tories returned to
power and in 1712, the fall of Marlborough was made complete, by
the creation of twelve Tory peers. Thus, was finally consummated,
the great constitutional revolution, by which Parliamentary sover-
eignty became the organic law of Great Britain. The treaty of
Utrecht was signed in 1713, and George I acceded to the throne in
1714. Under him and his successor the Crown exerted no power.
In character insignificant, with no personal attachments, Parliament
had no difficulty in riveting its control of government. A Whig
administration came into power with George I ; and under this
administration New York finally succeeded in establishing Legisla-
tive supremacy. The strong hearts and stout arms of the colonists,
however, alone brought deliverance. They received no support,
either from Whig or Tory ministries. Thus, the great contest for
^ civil liberty proceeded in this colony side by side with the great
revolution in Great Britain, and triumphed with it, and over all ad-
ministrations botli at home and in the province.

The victory of the People went beyond the Parliamentary suc-
cesses in Great Britain, It not only established the great doctrine that
the Executive shall collect no taxes not first granted by the Legisla-
tive power ; but it established the important principle that the taxes

so Supremacy of the Assembly.

shall be collected and paid over to the Executive by the servants of
the Assembly, in such manner as that Assembly may direct. The
People, through their representatives, took absolute control of the
revenue ; no longer as a grant to Royalty, but as the Sovereign, rais-
ing the money needed to pay its own expenses and the salaries of its
agents and subordinates.

The Assembly at first only insisted that the Treasurer should have
the management of moneys raised for extraordinary purposes. In
1729, however, the Assembly, with the approval of Governor Mont-
gomerie, ascertained the salaries of all the officers of the government,
and increased or diminished the same at their pleasure. Lewis
Morris, a member of the Council, protested against these pro-
ceedings, whereupon the Governor removed him, and appointed in
his place " Philip Yan Courtland, Esq., a man more inclinable to give
up the rights of the Crown," wrote Morris to the Lords of Trade in
1732, in asking to be restored to the Council. This marks a distinct
stage in the growth ot the American system, of great significance.
It was the assumption of Legislative control of Executive power,
rendered necessary by the profligacy of the strangers sent over
here to govern the country. It was the assertion of an ancient
right, choosing new instiiimentalities in order to render it effective.

The progress made in this direction, and the significance of it, is
clearly stated in a letter by Attorney-General Bradley to the Lords
of Trade, dated November 22, 1729. " Most of the previous and
open steps," said he, " which a dependent province can take to render
themselves independent at their pleasure, are taken by the Assembly
of New York." Among these steps he instances first, that " they
have long struggled for and at last gained their point, viz., that the
salaries of all ofticers of the Crown should be such as they are
pleased to vote them." Again, he says, " the Assembly of late will
never pass any money bill unless some injurious bill to Her Majesty's
prerogative and interest be passed at the same time, which (as things
are at present circumstanced) must be complied with or no money
can he had for the necessary support of government. Tlie Assem-
bly likewise appoint a Treasurer of their own, though Her Majesty
has a Peceiver-General here."

The Attorney-General complained that they had threatened with
expulsion those who have disclosed then- secrets, and preferred other
accusations. In their votes of the 30tli July, 1728, they have re-
solved "that for any act, matter or thing done in General Assembly,

Liberty of the Press. 81

the members thereof are accountable and answerable to the House
only, and to no other persons whatsoever," said he, " by which resolve
the Assembly seem in express words to claim an independency, for
none but a supreme power can be exempted from rendering an
account of their actions." This supremacy of the People was quite
displeasing to the law officer of the province. " Persons in power
dare not yet venture to displease these people so far as to show much
countenance to officers of the Crown. Assemblies seem already to
be got beyond all manner of check or restraint whatsoever, and this
at a time, too, when other neighboring provinces seem to show the
same kind of spirit, and a strong intention to take the earliest oppor-
tunity of setting up for themselves. "While Assemblies dare act
thus, and seem to have it in their power to obtain what laws they
please, how can Her Majesty's interests be secure in so remote a
country ? "Would it not be advisable that a commissioner of the
Crown sit with the Assembly as in Scotland, and that the officers of
the Crown be rendered independent ? "

This progress was made during the long and uneventful Ministry
, of Walpole ; who, whatever criticisms may be passed upon him
exhibited enlightened statesmanship, and preferred the prosperity
which comes from the liberal encouragement of the vocations of
peace and the yielding to the people of their rights. He was a
great financier, and devised an excise bill which would have been
highly beneficent ; but it was so unpopular that he was forced to
withdraw it. He set aside the plan for an American excise, with
the remark : " I have Old England set against me by this measure,
and do you think I will have New England too ? " This was in 1733,
and the same year Parliament passed an act imposing exorbitant duties
on sugar, molasses and rum, which was among the producing causes
of the discontent which finally culminated in the Pevolution.

English journalism grew into importance under the Commonwealth,
but it was fettered by a censorship which was not removed until
after the Revolution. This censorship was established in New York,
however, by the instructions to which we have referred. In 1733,
the New York Weekly Journal was established by Zenger ; and in
1735 occurred his famous trial for criticising the Governor, which
resulted in his acquittal twelve years before the Franklins had been
persecuted and prosecuted in Boston for libels upon its hierarchy ;
and now for the first time the colonial press was free. Twenty-nine
years thereafter, "Wilkes was sent to prison for attacking a minister
11

82 Encroachments upon the Executive.

by name in the North Briton^ and criticising the government ; but
it was still six years later when the failure of the prosecution against
"Junius" established in England the right of the press to criticise
members, parliaments and sovereigns.

By all the acts passed for the support of the government to the
year 1737, the disposal of the public money was left in the hands
of the Governor and Council, conformable to the direction of His
Majesty's commissions and instructions. During the administrations
of Governors Hunter, Burnet, Montgomerie and Cosby, continuing
about twenty- eight years, general provision was made for the support
of government, for the term of five years, at the entrance of every
Governor upon his administration, with one general appropriation of
the money to the public service, the Treasurer and Members of x\s-
sembly only excepted ; all public money being directed to be drawn
out of the Treasury by warrants from the Governor with the advice
and consent of his Majesty's Council. But in 1737, the Assembly
limited the support of the government to one year, and by directing
in the acts what sums for particular services and what salaries for
particular officers by name, should have, they took upon themselves
the disposal of the money and the nomination of the officers.'

In 1738 the rate of interest was reduced by the Assembly from
eight per cent to six per cent, but the act was amended by the
Council so as to fix the rate at seven per cent. The same year the
King repealed the act limiting the continuance of one Assembly to
three years, as William had vetoed a similar act passed by Parliament
during his reign.

In 1739 (February 6), the Lords of Trade advised Lieutenant-Gov-
ernor Clarke, who was acting Governor, that the power to appropri-
ate money belonged to the Assembly, while its issuing and the ap-
pointing of officers belonged to the Governor ; and they instructed
him that in getting needed revenue, he must take " particular care to
get it done in such a manner as not to admit of any the least encroach-
ment upon the prerogative of the Crown." Nothing was accom-
plished in that direction, however.

Admiral George Clinton, Governor, son of the Earl of Lincoln,
arrived in New York in September, 1743. He was a good natured
gentleman, whose fortune had been impaired by extravagance, and
he was disposed to mend it. Chief Justice De Lancey, a wealthy
and able lawyer and politician, was the unquestioned leader of the

1 Report of the Privy Council April 2, 1751.

Conflicts with the Crown. 83

people ; and he was strongly supported by Horsmanden, Bayard,
Murray, Livingston and others. Clinton was controlled by De
Lancey until they quarreled during a convivial gathering, and while
their friendship lasted the Governor made no effort to protect tlie
prerogative.

Governor Clinton's first Assembly met on the 8th of November,

1743, and passed an act for the support of government limited to
one year, and for the payment of salaries, " which," said the Privy
Council in the report from which we have quoted, " ought to be
settled on the offices, but are granted to the officers by name, by
which the disposal of public money and the appointment of
officers are usurped by the Assembly, and a power of making their
salaries at any time as inconsiderable or large as they please."

Walpole had turned the government over to his faithful friend
Henry Pelham, when, on the 13th of March, 1744, the Speaker of
the New York Assembly acquainted the House with the fact that a
bill had been preferred to the House of Commons in Great Britain,
to prevent the issuing of paper money in America ; and he observed
to them that this bill, if passed into a law, would greatly affect that
colony in particular. He also called attention to the last clauses,
which were foreign to the title and scope of the bill, contrary to the
Constitution of Great Britain, and would in effect subject all the
British colonies in America to the absolute will of the Crown and
of those acting under its authority. The bill was referred to a com-
mittee, whose report was adopted on the 15th, to the effect that it
would establish such absolute power of the Crown in the plantations
as would be inconsistent with the liberties and privileges inherent in
an Englishman, while he is in a British dominion.

The Assembly adjourned and met again on the 17th of April,

1744, when it passed an act for repairing fortifications, by which
commissioners were appointed to perform the services required, to
whom the moneys granted for such service were directed to be paid
without warrant from the Governor and Council. The same As-
sembly passed the usual revenue measures, and, said the Privy
Council, "the money directed to be paid without warrant from the
Governor ; and, as often as a necessity has since occurred for mak-
ing provision for the public service, and acts of supply have been
passed for that purpose, this same method of appointing commis-
sioners and disposmg of public money by their own authority has
been kept up by the Assembly, and such encroachments generally
made by that means upon the legal prerogative of the Crown, that

84 People Control Government.

many of the most essential powers in the Governor have been trans-
ferred to the Assembly, who, by degrees, liave vested themselves
with the disposal of pnblic money, by nominating officers and fixing
their salaries, by superseding the Governor's warrant in the issuing
of public money, M'ith the custody of the naval stores of the colony,
the direction of the fortifications and the power of regulating the
militia. Tliey likewise assumed to themselves, independent of the
government, the passing of the muster rolls of all the troops, except
the four independent companies raised for the service of the prov-
ince, appointed paymasters, and have also empowered the Commis-
sioners for Indian Affairs to revive and employ outscouts as they
shall see a necessity." The government was then practically in the
liands of the People, and had indeed been so most of the time since
1691.

A struggle as important as that which closed in 1715 was now to
begin. " On tii.e memorable day, the 6th of June, 1746, " said the
Assembly in a remonstrance to the Governor in 1747, " every party
concerned in the administration w^ere of the same mind, and disposed
to act as one person." A personal quarrel over their cups between
Clinton and De Lancey was to plunge the province into a fierce feud,
which was to have its ending in American Independence. New York
was then in the enjoyment of larger liberties than Great Britain.
In the eflPort to enforce prerogative, all power was to be lost.

Governor Clinton wrote to the Lords of Trade December 12, 1746,
that by the method of annexing salaries to the person by name,
the Assemljly had acquired control. Persons disagreeable to the
ruling faction "must starve, to use the words that have frequently
been made use of on such like occasion." Thus " the ruling fac-
tion has obtained in effect the nomination of all officers, and they
have become even so insolent that they have, in the bill for tlie pay-
ment of the salaries, removed one officer's name and put in another
without consulting me," and tlie Speaker had ordered the Secretary
to make out a commission accordingly. " By these means all the
officers of the government are become dependent on the Assembly,
and the King's prerogative of judging of the merits of his servants
and of appointing such persons as he may think most proper is
wrested out of the hands of his Governor, and the King himself (as
far as in their power) deprived of it. The Assembly carries matters
in their case to such a length that they call those bills for the pay-
ment of salaries and other contingencies money bills, to which they
will not allow the Council to make any amendments, and a Governor

Conflict with Governor Clinton. 85

must either take it as it comes from them, or he and all the officers
of the Government must remain without support."

Governor Clinton now separated himself almost entirely from the
public men of the province, whose long residence and intimate ac-
quaintance gave them the requisite experience for successful admin-
istration. Among the old residents whose assistance was invaluable
was Philip Schuyler, son of the first Mayor of Albany, and a
man of great influence with the Indians. He remained identified
with the popular party, and sustained De Lancey, whereupon Clinton
took the Indian affairs out of the hands of the commissioners, and
placed them in the hands of William Johnson, as Sole Commissary of
Indian Affairs. The Indians had desired to maintain strict neu-
trality in the war with the French, and the Assembly thought it
best that they should do so ; but they were induced into a declara-
tion of war, made in Albany, on condition that their old men,
women and children should be protected. The Assembly, it seems,
did not make the provision the Governor desired ; perhaps because
they thought it better that the Indians should guard their own fee-
ble ones, rather than that white men should be taken from the pub-
lic defense for such a purpose. In his messages of the 28th of
August and the 10th of September, 1747, the Governor asked sup-
plies for several purposes which the Assembly did not think it
reasonable to provide, whereupon he became very indignant and
would not carry out the plans upon which there had been an agree-
ment.

The importance of the position at the junction of Fish creek and
Hudson river had been appreciated from the earliest times. At this
junction was the settlement of Saratoga, many of the families being
tenants of Philip Schuyler. In 1745, the fort on the east side was
in a dilapidated condition, and the settlement was defenseless, when
the French and Indians stealthily crept upon it, on the night of the
28th of November, murdered Mr. Schuyler and a few others, and
carried most of the rest away captive. The fort was rebuilt in the
spring of 1746, strongly pallisaded and named Fort Clinton. In
- September, 1747, Colonel Peter Schuyler was in command. On the
9th, the Assembly resolved " that as it appears to the House by
several informations that Colonel Peter Schuyler, commander of the
New Jersey forces posted at Saraghtoga, will soon be reduced to a
necessity of deserting that fort for want of provisions," therefore
" His Excellency be hum.bly addressed, that he will be pleased
immediately to give directions for the relief of that garrison ; " to

86 Authority of the Assembly.

wliich the Governor made no reply. The Assembly accordingly
adopted another resolution on the 11th, '' that the fort might be pre-
served in all events, least your Excellency should withdraw tliat
garrison a second time ; " and in their address on the 9th of October
they said that the troops at Saraglitoga were first withdrawn in 1745,
leaving the settlement unprotected, which " hazarded the sliedding
of that innocent blood and the carrying the poor people there into
captivity."

In the same address the Assembly allude to the capricious acts of
the Governor in proroguing the Legislature, to his arbitrary refusals
of audience to the House, and to their acts of loyalty in support of
the war. The colony had been put to an expense of £70,000 since
the commencement of the French war, " which is a burden we fear
our constituents will be too apt to thinic too heavy for them to bear,"
aud that while they "would not be too profuse and lavish," neither
would they be "too sparing."

Governor Clinton responded on the 13th of October, stating
his willingness to relieve Saratoga, but pronouncing it " impractica-
ble" to do so; expressing the opinion that the frontiers could not
be secured from that point,' and blaming the Assembl}' for not taking
other measures. His complaints were particularly ungenerous. The
Assembly, the preceding year, had voted him every thing he asked.
Monev for block-houses and bounties, for provision and ammunition ;
invited the Six Nations to meet the Governor and Council; impressed
artificers in the public service, and co-operated vigorously with the
Governor. To these energetic proceedings, doubtless, is due the fact
that no hostilities of importance occurred within the province or on
its frontiers, subsequently, during this war.

Governor Clinton took the occasion of this reply to lecture the
Assembly. " You have not," he said, " by the Constitution of the
govern nu;nt. any share in the execution of military orders. Con-
sider, gentlemen, by what atitliority you sit and act as the General
Assembly of this province ! I know of none, but by the authority
of the King's commission and instructions to me, which are alterable
at His Majesty's pleasure. You seem to place it upon the same foun-
datinn with the House of Commons of Great Britain ; and if I mistake
not, you, by the resolves of the 9th of this month, assume all the priv-
ileges .ind rights of the House of Commons of Great Britain. If so,
you assume a riglit to be a branch of the Legislature of the Kingdonij
and deny your dependence and subjection on the CroM'n and Parlla-

1 Fort Clinton was abandoned and burned about the 1st of December, 1744.

Assembly Accused of IIsukpation. 87

ment. If joii have not the right of the House of Commons of
Great Britain, then the giver of the authority by which you act has
or can put bounds and limitations upon your rights and privileges
and alter them at pleasure ; and has power to restrain you when you
endeavor to transgress. And I must now tell you that I have his
Majesty's express commands, not to suffer you to bring some matters
into your House, or to debate upon them. In short, gentlemen, I
must likewise tell you, that every branch of the Legislature of this
province, and all of them together, may be criminal in the eye of the
law ; and there is a power able to punish you, and that will punish
you, if you provoke that power to do it by your misbehavior ; other-
wise you must think yourselves independent of the Crown of Great
Britain."

The Governor not only saw clearly that this was a political con-
flict for practical independency, but he charged the Assembly with
assuming greater powers than those possessed by the House of Com-
mons. After recapitulating their proceedings, he continued : " Is
this following precedents of the Parliament of Great Britain, which
you pretend so much to imitate ? No, I'll defy any man to give any
precedent of this nature, unless it was in that House of Commons
that had resolved to take away the King's life and to overthrow the
established government. Nay, I'll defy any man to show that the
Council or General Assembly of any nation ever acted in this man-
ner, but where a faction had resolved to usurp the whole authority
and power over that nation."

After stating that since he had the administration of the govern-
ment, above £60,000 had been put into the hands of commissioners
named by them, he concluded : " I now tell you that I will not give
my assent to any bill in which the issuing or disposition of the
public money is directed otherwise than as his Majesty's commis-
sions and instructions to me direct, or which shall lay any limitation
or clogs on his Majesty's authority with respect to the disposition or
command of the forces, or which in any sense may lessen his Maj-
esty's authority in my hands with respect to military affairs. If you
make any thing contrary to his Majesty's commission or instructions
a condition of your granting the necessary supplies for the safety of
the people of this province, I now tell you it will be trifling with
the lives and estates of your constituents, by exposing them in this
time of danger without relief." ^

On the 26th of October, the Speaker informed the House that the
Governor had forbidden Parker, the Printer, to publish their remon.

88 Acts of Usurpation.

strance, which lie (the Governor) had refused to receive. The House
thereupon resolved " that it was the right of the People to know the
proceedings of their representatives, and that any attempt to prevent
those proceedings being printed is a violation of that right." Also,
" that the Governor s order to forbid the printing it was arbitrary
and illegal, in open violation of the privileges of the House and of
the liberty of the press," and they sustained the Speaker in ordering
it to be printed.

Governor Clinton, in his communication to the Lords of Trade,
excused his submission to the encroachments of the Assembly, on
the ground that it was time of war, but observed, " upon the approach
of peace, that the time was then coming, in which he should be able
to recover the executive power of the government and put a stop to
the usurpations of the Assembly, which he did by refusing assent
to the revenue bill passed 11th November, 1748, since which time
every executive part of the government has stood still." '

Tlie treaty, or rather truce, of Aix-la-Chapelle was concluded in
1748 ; and in October of that year the Governor made a demand for
a live years' grant of the revenue. This was refused, and the usual
annual appropriation bill was passed November 11, which he refused
to approve. In proroguing the Assembly the following day, he told
them, and told them truly, that they " assumed privileges greater
than the House of Commons."

Governor Clinton wrote to the Lords of Trade February 24, 1749,
that " a violent faction have a bold design of wresting the administra-
tion out of the hands of his Majesty's Governor, and to place it in
the hands of themselves in such manner as to have the power perpet-
ually to secure the administration in some prevailing faction, during
the administrations of all future Governors. This is done by the As-
sembly's assuming (in effect) all the public moneys into their own
hands, and assuming it witliout warrant from the Governor. Then tak-
ing all the warlike stores out of the hands of the Governor, and plac-
ing them with persons of their own appointment. Then assummg to
themselves the nomination of all officers by their granting the salaries
(annually) not to the officer but to the person, by name, in the office."
For these reasons, Governor Clinton insisted on appropriations as
formerly, which the Assembly absolutely refused, so that the gov-
ernment remained without support. On the 23d of May the Gov-
ernor said that the Assembly have made such encroachments on his
Majesty's prerogative, by their having the power of the House,

1 Report of the Privy Council. 1751.

The Assembly Justified. 89

that they in effect assume the whole executive power into their own
hands," including, he said on the 7th of August, " the nomination
to all offices."

In their address to the Governor July 5, 1749, the Assembly say
that there appears no royal injunction in his instructions requiring a
grant of supplies for five years ; and " that the faithful representa-
tives of the People would never recede from the method of an
annual appropriation." The Governor replied on the 12th, that it
is " essential to the Bi'itish Constitution, as well as the best means to
prevent misapplication, that the powers of granting and issuing
money should be in different branches of the Legislature ; that con-
trary to the practice in Parliament, they had provided for services
which he had never recommended to them, nor even been acquainted
with, which was a dangerous invasion of the King's prerogative."

The response of the Assembly, made on the 14th, shows that in
departing from the ancient constitution they were doing it for a
temporary purpose, and not with deliberate intent to introduce per-
manently a new system of government. This, however, was its
effect, as we shall see. After remarking " that the whole of his
speech seemed to mean an indefinite support, if not one for five years,
and therefore it was he that endeavored to mislead the People," they
said " that they knew it was the custom of Parliament to leave to
his Majesty the disposition of money raised for the public service ;
but that there was great difference between the condition of such
subjects and those whose unhappy lot it is to be under the command
of the Governors of Provinces. In cases of misapplication the sub-
ordinate officers could be punished by Parliament, but that in the
colonies the Governors, who are strangers to the people and employ
all means to raise estates to themselves, could not be called to
account."

The Assembly was dissolved in 1750, and elections were ordered,
the new Assembly to meet September 4. This Assembly, in their
address, say that " no better rule could be followed, than that given
by the King's commission and instructions, and that all deviation
from these rules had been attended with bad consequences." The
Assembly was prorogued on the 24th of November, after enacting the
usual appropriation bills, which " are all passed in the same irregular
manner as former acts of the like nature, and are consequently liable
to the same objections, the Assembly having thereby assumed to
themselves almost the whole of the executive part of government.
These bills were approved by the Governor, and on the 2d of De
12

90 The Revolution Successful.

cember he apologized to the Lords of Trade, and stated that " the
King must enforce his authority or give it up to the Assembly."

When this record came to be received in Privy Council, the
political life of Great Britain was in a torpid condition. Both par-
ties to the war had surrendered their conquests in the treaty of Aix.
la-Chapelle, and the Pelham Ministry was languidly drawing to a
close. The report, signed by Dunk Halifax, Granville, Dupplin,
Fran : Fane, and diaries Townshend, is remarkable for its impotent
assertion of the prerogative, its important concession that its rights
cannot be recovered without the consent of the General Assembly,
and its impudent proposition that efforts be made to secure the voting
of a perpetual revenue. The only valuable thing in it is its sur-
render; its admission of the sovereignty of the People, which was
the only real subject-matter of contention. The incidents which
grew out of the maladministration of the Governor would pass away
with Clinton ; but the sovereignty of the People could only be taken
away by conquest. This report is dated " Whitehall, April 2, 1751."
We make some extracts : " There is nothing so essentially necessary
to the preservation of his Majesty's government in the American
provinces, as the careful and strict maintenance of the just preroga-
tive, wdiich is the only means by which those colonies can be kept
dependent on the mother country, or the Governors themselves,
representing the Crown, maintain any powers over their Assemblies
or an}' agreement with them. No Governor ever departed from the
prerogative in one instance, but he raised in the Assembly a confi-
dence to attack it in another, which as constantly brings on contests,
which again create animosities, which in the end obstruct all parts of
government." They thought a new Governor necessarj' to the re-
covery of the prerogative, who might be " able to re-unite the Assem-
bly and prevail upon all men to assist in re-establishing the proper and
ancient constitution of government. As this is a work which cannot
be perfoi-nied but by the united consent of the whole Legislature, it
probably never can be obtained while the several parts of the Legis-
lature continue at the greatest enmity." It is submitted " whether
in the first instance, the executive part of the government, or the
common harmony of it, can ever be retrieved, but by re-instating in
the Governor his original and necessary powers ; whether, in the
second place, the Assembly of this province will ever be induced
thus to give up all the results of so long contest, and their acquisi-
tions by it, but in a time of general satisfaction * * * * because it
cannot be done but by the approbation of the Legislature, which

Dangerous Defects of the System. 91

must be greatly reconciled to the government there, before tliey will
concur in such a method of giving it permanent strength and
support."

The Council thought it would be an admirable idea to induce the
Assembly to pass " a general perpetual revenue act, upon the plan
of that which has been passed in Jamaica," when " the salaries of
officers, the fund for the payment of them, the maintenance of the
fortifications, the trusts and powers reposed in particular officers,
the charge of presents to the Indians, the salary of the Governor, in
one word every necessary measure of Government would be last-
ingly provided for, the several points of domestic government now
so often disputed would be finally decided by the Legislature, and the
several powers legally belonging to the Governor, and requisite for
his supporting his character would be, by a law of the province, put
out of dispute, and all the claims of present factions against the pre-
rogative of the Crown would be by a perpetual act of the Legisla-
ture itself ascertained."

This conclusion of the Privy Council was in effect a recognition
of the rights of the People of the province, not only to all the exist-
ing privileges of the British Constitution, but to all the power the
Assembly could grasp. On the other hand, the rights and liberties
of the People were liable to be broken down at any moment, if a
subservient Assembly could be secured. The experience of Great
Britain at this time gave good reason to believe this could be done.
The power of the Crown had been broken, but the power of the
People over Parliament had not been established. This freedom
from responsibility had bred corruption. Danby, Walpole, Pelham — ■
these names are odorous with the stench of political debauchery,
when place and pensions and money were the accepted means of
securing votes and influence. It was no unnatui'al thing, therefore,
to suppose that by bribery and blandishment a shrewd Governor
could wheedle or buy a perpetual revenue from some pliant Assembly-
Against this peril, the People had only to interpose their own
virtues and fearlessness.

Here, then, were the defects of organic discord and the dangers
of debauchery, with no effective mechanical power in the system of
administration to prevent their success. The judicial function was
then but an adjunct of the Executive, and not as now an independ-
ent department of government. The Executive had but to buy
arbitrary power from the Assembly, to place him in absolute control
of the rights of liberty and property of the people. There were but

92 The Problem of Government,

two departments of government really, the Executive and the Legis-
lative, and of the latter the Executive possessed two of the three
branches. How were the People to get these under their control,
and to separate the Judicial from the Executive branch of the
government ? Or were they, rather, to lose the control, as England
was about to do, of their own representatives ? Upon the answer
to these questions turned the entire solution of the problem of
popular government.

Toward the close of the year (November 19, 1751), in a report on
Indian affairs, it is said that the "Assembly would not grant Indian
appropriations unless the Governor assented to their nominating the
commissioners, which he would not do." On the 4th of October,
1752, Governor Clinton reports his complaints of the Assembly, in
a letter to the Lords of Trade, and says that " by every act granting
money to the King for several years past, the great part of the
money is issued without Governor's warrant and sometimes by war-
rant of the Speaker only. Tho' the Assembly dare not deny the
King's authority over the militia, yet an opinion is inculcated
among the people that the powers of the militia can only be put in
execution by the authority of the Assembly, so far that no penalty
can be incurred by disobedience without an act of Assembly for that
purpose. Acts in former times were annually passed to lay penal-
ties in certain cases, till within this four years, since which time no
militia bill has been brought in. Your Lordships will consider how
far it is proper to suffer the King's power over the militia to depend
on the pleasure of the Assembly. I am persuaded it is not in the
power of the Governor, as things now stand, to put a stop to these
perj)etual graspings in Assemblies after more power; the remedy
must come from a more powerful authority than any in America."

On the 5th of July, 1753, the Lords of Trade informed the King
that Governors had been instructed to use their best endeavors to
secure a permanent and fixed revenue. Clinton had asked to be
relieved, but the Lords of Trade had declined to comply. He had
lived a secluded life, and had become so weary of the struggle that
he resigned in the fall. Sir Danvers Osborne, brother-in-law of tlio
Earl of Halifax, took the oaths of office on the 10th of Octobn.
He had lately lost a beloved wife, and crossed the Atlantic with a
heavy heart. The city council, in an address, said, " we are sulH-
ciently assured that your Excellency will be as averse from counte-
nancing as we from ])rovuking any infringements of our inestimal)li'
liberties, civil and religious." The next day, he told his Council

Conflicting Sovereignties. 93

that his instructions from the King were, to inform the Assembly,
that they were required " to recede from all encroachments upon the
prerogative," and must afford permanent and indefinite support to
the government ; while all public money was to be applied by
the Governor's warrant with the consent of the Council, and the
Assembly was never to be allowed to examine the accounts. He
w;is informed that the Assembly would never comply, when he
]»laintively inquired, " Then what have I come here for?" and
toward morning hung himself on the garden fence. That day,
(October 12), the Executive duties devolved npon the leader of the
Teople, Lieutenant-Governor De Lancey ; and the popular party
came into full possession of all the powers of government.

Lieutenant-Governor De Lancey was now placed in a somewhat em-
barrassing but very important position. As the temporary custodian
of the executive power, he was bound to represent the King ; as the
leader of the People, he was bound not to forfeit their confidence.
If he could secure the proper dignity and independence of the
Executive, with the proper control and real sovereignty of the Peo-
ple, the problem which was presented in the province would be
solved. When he assumed office, two powers claimed sovereignty,
the Crown and the Assembly ; but the real authority was back of
both, and that authority demanded recognition. There was never
any misunderstanding as to the nature of the conflict between these
two sovereignties, either in the Board of Trade in England or in
this province. De Lancey endeavored to render loyal service to both.
One of the complaints made against him by Clinton was, that he
talked one way to him and another to the Assembly. But Clinton
failed to see, that which the Chief Justice evidently apprehended,
that obedience to law and to the j)eople must be reconciled. Soon
after De Lancey became Lieutenant-Governor, the Assembly passed
the usual bill for paying the salaries of the officers of government,
in which they gave him the same salary as had been allowed to
Governor Clinton. De Lancey, however, informed the members of
the Council that he could not sign the bill, as it was inconsistent
with the Royal instructions, and they rejected it. In the in-
structions to Governor Osborne, the King expressed his disapproba-
tion of the extraordinary conduct and proceedings of the Council
and Assembly during Clinton's administration, of their unjustifiable
encroachments upon the Royal rights and prerogative, and their
illegal attempts to wrest the powers of government out of the hands
of the Governor ; signifying at the same time his pleasure that the

94r Restoring the Ancient Constitution.

Governor should recommend to them to prepare a proper law, for
establishing a lasting and permanent revenue for the support of
government, as tlie only effectual method of restoring peace and
tranquillity to the province, and preventing the like disorder and
irregularities for the future ; and also directed the Governor to re-
move any member of the Council or other officer appointed by his
Majesty who should concur or join in such unwarrantable measures
for the future. These instructions were laid before the Council and
Assembly by De Lancey, and they doubtless had the effect of making
the former body subservient to the Crown instead of obedient to
the People. Thus a dual sovereignty divided the Legislature.

The Lieutenant-Governor now addressed himself to the work of
reconciling the prerogative with the sovereignty of the People.
This could easily be done, if the Governor respected the wishes of
the People in the discharge of executive duties, and the just claims
of the Assembly were conceded. In a communication to the Lords
of Trade January 3, 1754, De Lancey asked instructions with regard
to his power to approve a separate bill providing money for Indian
presents, which he thought he might do. He said that with respect
to the annual appropriations for salaries : " I shall not, on any con-
sideration of advantage to myself, fall in with them in it, without
express permission." A bill had been passed granting his Majesty
the impost duties, but without appointing any officers, the money
being paid into the treasury subject to future acts of appropriation.
He had secured the passage of an act to regulate the militia, " though
the House was generally averse to it, for the same reasons they would
not pass the bill in the latter part of Mr. Clinton's administration,
which was that he had made colonels, and other officers in the mili-
tia, in most counties, that were generally distasteful to the Assem-
blymen and to a great majority of the freeholders." The Lieutenant-
Governor then proceeded to say, " that Mr. Clinton had dissolved the
Assembly several times in order to bring them into the ancient
method of supporting the government, * * * * \)ut could
not obtain it by the rougher method of dissolution. I have tried
the softest methods I could, but to as little purpose. The principal
members frankly told me, I might dissolve them as often as I pleased,
as long as they were chosen (which I hear most of them would be
again if dissolved on that point) they would never give it up. What
they would come into was, first not to meddle with the executive
part of the government, which I had convinced them was an en-
croachment on his Majesty's prerogative, the executive power being

Obstinacy of the Assembly. 95

solely in the Crown ; and, secondly, that all moneys should be drawn
out of the treasury by warrants signed by the Governor or Commander-
in-Chief, with the advice of the Council, excepting only the Agent's
salary and their Clerk's and Doorkeeper's allowance. If it should be
his Majesty's pleasure that I may pass the act for the payment of
the salaries and services of the government in the same form as has
been done by Mr. Clarke, Lieutenant-Governor, and since by Mr.
Clinton, Governor, I think there will be an end of contention in
this province." As this was an advice to the Lords of Trade to
surrender, the conclusion was imdoubtedly soundly drawn. In the
event of such surrender, the Lieutenant-Governor said tlie Assembly
would doubtless provide the necessary fortifications, and " the point
of support for an indefinite tune may be left open."

The Lieutenant-Governor having transmitted an address of the
Assembly to the King, in which they claim to have been falsely and
maliciously represented, the Lords of Trade responded that " the
Assembly have taken to themselves not only the management and
disposal of public money, but have also wrested from your Majesty's
Governor the nomination of all officers of government, the custody
and direction of all public military stores, the nmstering and
direction of troops raised for your Majesty's service, and in short
almost every other executive part of government, by which unwar-
rantable encroachments and invasion of your Majesty's just and
undoubted authority, order and government was subverted and your
Majesty's service obstructed, and the security of the service endan-
gered." Dated Whitehall, April 4, 1754, and signed Dunk Halifax,
J. Granville, James Oswald, Andrew Stone. The address of the
Assembly, upon the reading of this report thereon, was rejected by
the King by order in Council, August 6, 1754. In April, 1754, the
Assembly voted £1,000 for subsisting two companies which had been
ordered to Virginia, for service in the expedition against the French.
The moneys appropriated were made payable on receipts, instead of
on the warrant of the Governor. The Council rejected the bill, and
the Lieutenant-Governor prorogued the House until the next day,
and recommended the providing for services in an unobjectionable
manner. '' After all my endeavors," he writes, " I could not prevail
on them to give a farthing for this service, or to enable me to raise
men for the assistance of Virginia. The extreme obstinacy of the
Assembly in this instance will point out to your lordships the danger
there is of the disappointment of any service, however urgent it
may be, as the Assembly on the one hand will not recede, and the

96 liEMONSTRANCE OF THE LORDS OF TeADE.

Council on the other think themselves not at liberty to give in to
the Assembly's method, unless they depart from the Royal instruc-
tions. For my own part, as I look upon this service to be distinct
from the annual and constant charges of goveniment, I should have
made no difficulty in passing the bill I'ather than to suffer a ser-
vice of the nature to drop, relying on this that the necessity I was
thus laid under would appear to your lordships a sufficient excuse ;
and I beg your lordships' sentiments for my guide upon such occa-
sions." Secretary Thomas Robinson wrote to De Lancey on the 5th
of July expressing " great concern " at the " unwillingness " of
the Assembly " to exert themselves in what is now become so es-
sentially the common cause of all the colonies ;" the Lords of Trade
the same day expressed surprise at their " conduct in so perilous a
situation," and of course sustained the Council. It was for no lack
of patriotism, however, that the Assembly still insisted upon the con-
trol of extraordinary disbursements. They were liable at any moment
to have a dissolute and profligate Governor sent out to them, and
they were not disposed to relinquish their right to control the ex-
penditure of money by him.

The Lords of Trade clearly saw the issue, and the consequences
it involved. They wrote to De Lancey: "We are- glad that you
have satisfied the principal members of the Assembly, of the un-
reasonableness of meddling for the future in the executive part of
government, * * * but as it is still a point insisted on that the
revenue, even for the services of a permanent nature, should not-
withstanding be granted only from year to year, we are afraid that
either these pretensions, which are so explicitly disavowed in words,
are meant to be retained in effect, or that at least the reason of
granting the revenue only annually may from time to time revive
these very pretensions ; " and said that " if they persist by the
means of annual grant either to attempt wresting from the Crown
the nomination of officers, or any other executive grants of govern-
ment, " though they may succeed at times, " yet those attempts are
so unconstitutional, so inconsistent Avith the interest of the mother
country as well as of the Crown, and so little tending to the real
benefit of the colony itself, that it will be found they flatter them-
selves in vain if they can ever give them a stability and perma-
nency."

Meantime, the People of the Province proceeded in patriotic
spirit to prepare for war while persisting in the maintenance of their
rights. The Assembly, which had adjourned to the 2d Tuesday of

Revolutionary Conduct of the Assembly. 97

Mareli, 1755, was called together on the 4th of February, passed a
militia act and an act appropriating £45,000 to war purposes. The
moneys appropriated were " to be issued by order of the Commander-
in-Chief with the advice of the Council." writes De Lancey, " so
that the Assembly have receded from one of their ill- grounded
practices ; " but the managers (selected by De Lancey) were named
in the bill, the Assembly even refusing to insert the words, " whom
his Honor has thought proper to appoint."

The war situation had now become so grave that the Lords of Trade
deemed it expedient to abandon the struggle. They complimented
the Council, expressed the hope that the Assembly would " depart
from all unwarrantable and illegal encroachments upon his Majesty's
rights and prerogatives," and permitted the Governor to assent to
annual appropriation bills. Governor Hardy announced his arrival
in the province on the 6th of September, and on the 7th of Novem-
ber the Lords of Trade acknowledged " the zeal and resolution
which the Province of New York has shown, in the vigorous
measures they have taken for the defense of his Majesty's rights
and possessions."

The contest between the People and the Crown, as conducted by
the representatives of each, was not so much over the question of
annual or permanent appropriations, as of control over the Executive
department. The Assembly which met December 2, 1755, in their
address to the Governor, expressed concern that they should be re-
quired to abandon the system of annual appropriations, while other
colonies were left to practice the means denied them. The Lords of
Trade, in an address to the King (February 4, 1756), answered this
very conclusively. " The late conduct of the Assembly of New
York, in making use of this indulgence as an instrument to wrest
out of the hands of your Majesty's government almost all the exe-
cutive parts of government, by an annual nomination of officers, and
by their own authority dispensing of the public money granted to
your Majesty without a warrant from the Governor and Council,
made it necessary that your Majesty should take this proper
method of checking such unwarrantable proceedings and restoring
the Constitution to its true principles. We are sorry to find that
this construction has not had all the good effects which might have
been hoped for from it ; it is, however, a great satisfaction to us to
observe that the present Assembly does not appear to be desirous of
reviving the unwarrantable and illegal claims and pretensions of
former Assemblies, and have declared that thev do not mean to take
13

98 Rights of the People Maintained.

upon themselves the executive part of government." On the 4th
of March, 1756, the Governor was directed not to press the estab-
lishment of a permanent revenue for the present, but to consent to
temporary bills, " provided they be in all other respects conformable
to instructions with regard to the granting and disposing of public
money."

The Assembly was again prorogued December 1, 1756. In the
appropriation bills, officers appointed by his Majesty or by the Gov-
ernor were payable b}' warrant, and officers appointed by the Assem-
bly were paid by order of the House, signed by tlie Speaker. A
stamp act was passed, and an act imposing an excise duty of six
pence per pound on tea. Commissioners were named in the bill, as
being those " Avhom his Excellency, the Governor, has been pleased
to appoint," by which " the Assembly acknowledge the right of
appointment, but appear to have reserved to themselves the power
of putting a negative on the Governor's appointment." Here, again,
the principle of the sovereignty of the People is insisted upon, and
it is still preserved in the practice of requiring confirmation by a
legislative body, in the appointment of oflicers. On the 10th of
March, 1757, the Lords of Trade surrendered on this point, also,
saying that " although we cannot help expressing our great concern
that in the manner of framing the laws for those and other purposes,
the Assembly should have again reverted to the claims and preten-
sions which we had hopes, from former declarations made by them,
they were willing to have receded from," yet in the present exigency
they would not advise their repeal.

The Assembly continued steadily aggressive. On the 19th of
December, 1758, De Lancey was censured for having approved an
act relating to his Majesty's Quit Rents, which " so materially relates
to and may so affect his Majesty's rights and revenues." The As-
sembly, the following year, passed an act increasing the powers of
Justices' Courts, which was criticised by the Lords of Trade. In
response thereto (February 16, 1760) De Lancey made this weighty
justification for having given the bill his approval : " Justices are
appointed by the Governor with the advice of the Council, there-
fore the greater their powers are, if they be not oppressive to the
people, the greater weight and influence will the Governor have, and
be better al)le to carry on his Majesty's service." On the other
hand, there was no danger from erroneous decisions, for there existed
the power of removal by certiorari to the Supreme Court.

De Laucey died September 30, 1760, after having directed the

Control of the Judiciary. 99

development of the civil polity of the province to the end of mak-
ing it an efficient mechanism for executing the will of the People,
without impairing the efficiency of the Executive. Encroachments
upon the latter were made for the purpose of public protection, and
not in order to bring it in abject subserviency to the Assembly. He
was a lawyer of marked ability, had grown up with the province,
and was a skillful organizer. He did not manufacture a system ; but
it grew under his hands. The same year that he died, George HI
ascended the throne of Great Britain.

Immediately a new conffict was commenced in the province. All
commissions terminated on the death of a sovereign. The diiFer-
ences which had always existed with regard to the judicial power now
became the prominent issue. The Assembly proposed to pass an
act to establish Courts of Judicature by law instead of by preroga-
tive. Judges were to be removed by the Governor on an address
from the Assembly, or by the advice of at least seven members of
the Council. The Lieutenant-Governor, the obsequious Cadwallader
Colden, suggested that the King also be empowered to remove, thus
preserving the prerogative of the Crown ; and the lawyers of the
province engaged in discussions of the distinction between commis-
sions issued by act of Parliament, and those on appointment by the
King. An act was passed that judges should hold office during good
behavior instead of during the pleasure of the Governor. The
Lords of Trade, 21st November, 1T61, held that this was " subver-
sive of that policy by which those colonies can be kept in a just
dependence upon the government of the mother country," They
said that " the change which the tenure of office underwent at the
Revolution was in consequence of arbitrary and illegal interposition
under the influence of the Crown, upon points of the greatest im-
portance to the Constitution and the liberty and rights of the sub-
ject," but salaries were at the same time settled upon them. The
same circumstances, it was claimed, did not exist in the American
colonies. " It is difficult to conceive a state of government more
dangerous to the rights and liberties of the subject, aggravated as
the evil would be by making the judges' commissions during good
behavior, without rendering them at the same time independent of
the factious will and caprice of an Assembly," by pro\ading per-
manently for their support. In accordance with these views, instruc-
tions were issued to Governors on the 2d of December, " that you
do not, upon any pretense whatever, upon pain of being removed

100 Tenure of the JrmciAL Office.

from your government, give your assent to any act by which the
tenure of the commissions to be granted to the chief judge or other
justices of the several courts of judicature shall be regulated or
ascertained in any manner whatever, and you are to take particular
care in all commissions to be by you granted that they be during
pleasure only, agreeable to ancient practice and usage."

The records of the General Assembly, on nearly every page,
express the regard of the colonists for Law, as well as their devo-
tion to the rights of the People. The lawyers of the province were
a unit in their construction of Law. In English political nomen-
clature, they were all Whigs together. Bench and Bar stood as one
in defense of the liberties of the people. So tenacious were they,
that Golden, in a letter to the Lords of Trade (January 11, 1762),
referring to De Lancey, said that they had not long since " a glar-
ing instance " of the political power of a Ghief Justice appointed
for life. It was this power whicli it was determined to secure on
the side of Royalty. To do it, it was necessary to import a lawj'er.
Benjamin Pratt arrived from Boston in October, 1761, and in
November he was commissioned Ghief Justice " during hia
Majesty's pleasure.'' This excited great indignation. The Assem^
bly absolutely refused to grant any salary to the Ghief Judge or t
anv of the Justices unless their commissions were issued durin
good behavior, and then they would grant the appropriation fori
one year only. The Gouncil tried to persuade the Assembly t
make salaries of Judges continuous with their commissions, l^ut
without effect. The Judges presented a memorial to the Lieuten-
ant-Governor reciting that the commissions formerly granted to tliem
by the late Governor were during good behavior, and declined act-
ing unless the new commissions read in the same way. Pratt alone
served, and he was compelled to do it at the expense of his private
fortune. The Lieutenant-Governor recommended that he be paicJ
out of the quit rents, and Pratt (May 24, 1762) made the same
request, stating that his salary had been denied him by three sue
cessive sessions of the Assembly, and that he had nothing to hope']
for from that or any future Assembly. The quit rents, tlierefore,
were set apart, as a fund from which to pay his salary. The Assem
bly made an appropriation of salaries, on condition that tlie com-
missions issue for goud behavior ; and the Lords of Trade (June 11)
censured the Lieutenant-Governor for approving tlie act, saying tliaf
no personal considerations " ought to have induced you to acquiesce
in such an unprecedented and unjust attack upon the authority of

PLATE E

Executive Usurpation Resisted. 101

the Crown." The death of Pratt terminated the controversy, and
in March, 1763, Governor Monckton issued new commissions for all
the judges.

The Supreme Court, as thus constituted, soon became an invinci-
ble bulwark against a monstrous usurpation. In 1761:, Thomas
Forfay obtained judgment in a case of assault and battery against
Waddel Cumiingham, and motion for a new trial was denied.
Robert Ross Wadel, agent for defendant, then prayed for an appeal
for verdict and judgment to Lieutenant-Governor and Council,
which was denied on the ground that no such appeal could be had.
Golden thereupon directed the Supreme Court to forbear proceeding
until the cause and merits were heard by Lieutenant-Governor and
Council. On the llth of November, 1764, Chief Justice Hors-
luanden stated to the Lieutenant-Governor and Council the reasons
why the Supreme Court made no return as commanded, and on the
19th presented the opinion of the Court in writing. The Attorney-
General decided that the Council could only correct errors. Other
justices read their reasons subsequently. The Council unanimously
rendered an opinion, January 11, 1765, that no other than an appeal
in error could lay to them. Notwithstanding this, the King issued
an order in Privy Council July 26th, allowing appeals to Governor
and Council from the verdicts of juries on questions of fact. This
order was laid before the Council October 9, by Colden, and on the
15th a writ was issued to the Supreme Court. On the 12th of
x\ovember the Chief Justice made a return that the Justices of the
Supreme Court found it impossible (as the Law knew of no appeal
from a verdict) to comply with the command. On the 15tli of
December, the General Assembly adopted resolutions thanking the
Supreme Court and the Council, sustaining their action, condemning
the illegal proceedings, affirming the right of trial by jury, and
affirming " that an appeal from the verdict of a jury is subversive of
that right, and that the Crown cannot legally constitute a Court to
take cognizance of any such appeal."

-England was now learning, what New York was soon to learn,
that Parliaments and Assemblies are not impregnable securities
against arbitrary power. The Whig party became disorganized, and
a faction, known as " the King's friends," sought by employing
the most corrupt means, by promises of place and bribes of money,
to control Parliament. The Press now became to England, as it
had been to New York, an agency for the protection of the people.

102 Usurpation by Parliament.

Bute was driven from office in 1763, and Granville took his place-
In 1764, oppressive commercial enactments were passed by Parlia-
ment, which led to earnest remonstrances by the Colonies. In an
address to the Lieutenant Governor (September 11), the Assembly
expressed the hope that he would " join with us in an endeavor to
secure that great badge of English liberty, of being taxed only with
our own consent." The Lords of Trade, in an address to the King
December 11, 1764, said that the New York Assembly, in their
address to the Lieutenant-Governor, avow powers and make declara-
tions of a dangerous tendency ; and they said of a letter from a
committee of the Massachusetts Legislature to the Agent of the
colony, that " the acts and resolutions of the Legislature of Great
Britain are treated with the most indecent respect, and principles of
the most dangerous nature and tendency openly avowed." They
doubtless regarded the petitions of the Assembly of New York to
the King, Lords and Commons, under date of October 18, 1764, as
equally " dangerous." To the King the Assembly said, " The subject,
by the laws of our happy Constitution, carries with him his allegiance
to tlie most distant corners of the earth ; and the protection of his
constitutional rights and privileges is the true reason of that allegi-
ance." They claimed to "have the highest reason, from the
hitherto uninterrupted enjoyment of their civil rights and liberties
as individuals, to consider themselves in a state of perfect equality
with their fellow subjects in Great Britain, and as a political body
enjoying, like the inhabitants of that country, the exclusive right of
taxing themselves; a right which, with the most profound submis-
sion be it spoken, whether inherent in the People or sprung from
some other cause, has received the Royal sanction, is at the basis of
our Colony State, and become venerable by long usage." To the
Lords they said : " Ever since the glorious Revolution, in which this
Colony displayed the most distinguished zeal and alacrity, we have
enjoyed the uninterrupted privilege of being taxed only with our
own consent, given by our Representatives in General Assembly.
This we have ever considered as the inextinguishable right of
British subjects, because it is the natural right of mankind. * * *
The amazing powers vested by some of the late acts of trade in tho
Judges of the Vice- Admiralty Courts, who do not proceed accord-
ing to the course of the common law, nor admit of trials by juries,
one of the most essential privileges of Englishmen, has so unfavora-
ble an ti6i)ect on the i)ropurty of the subject, that we could not, con-
yistent with our duty, su])press our apprehensions." At the same

Resisted by the Assembly. 103

time, they were careful to remark that " the claim of an exemption
from being taxed by the supreme legislative power is far from in-
volving in it the notion of independency." To the House of Com-
mons they said : " An exemption from the burthen of ungranted,
involuntary taxes must be the great principle of every free State.
* * * The People of this colony, inspired by the Genius of their
Mother country, nobly disdain the thought of claiming that exem|>
tion as a privilege. They found it on a basis more honorable, solid
and stable; they challenge it and glory in it as their right."

AGENT OF THE COLONY.'

The year 1764 saw the real birth of the American Union, in the first
actual initiation ' of the movement which had its culmination a few
years later, in the first Continental Congress. Just one hundred
years before this initial step (in 1664) the Articles of capitulation
were signed ; and these Articles were regarded by the Dutch subjects
of Great Britain as their Magna Charta. When they found their
hopes frustrated they appointed the late Director-General their Agent
at Court, to enforce their rights, as years before they had sent Agents
to the States General. Stuyvesant appeared before the King in
October, 1 667. The Leisler rebellion ' grew out of a boast by Lieu-
tenant-Governor Nicholson, that the colonists were a conquered
people, and were not entitled to the rights of English citizenship.
The vehemence of the party which sought to exclude the Dutch
residents on the ground of being aliens was so great, that in 1701 an
Assembly elected by the Old Burgesses addressed a remonstrance to
the King on the subject. Out of this controversy grew the demand
for a general naturalization act, which was extorted in 1715, in return
for a vote of supplies for five years. An Agent of the Colony was
appointed in 1695, by resolution, upon the suggestion of Governor
Fletcher. His final accounting took place in 1699. When the con-
troversy over the voting of supplies began, the Assembly undertook

1 This office was overlooked by Dr. O'Callaghan, in the preparation of the Colonial official register pub-
lished in the old Civil List. The attention of the author was first called to it by Daniel J. Pratt, Ph. D.,
and a partial list was given in some of the later editions of that work. Since then, Mr. Pratt's researches

.among the records and my own e.xaminations into the relation of the office to Crown and People, and the
controversy between the Governor and Assembly with regard thereto, have resulted in securing a complete
list of Agents, and in determining the place held by these Agents in the struggle for civil liberty.

2 See page lOfi.

3 Francis Nicholson was at this time Andros' deputy in New York. The people rose, organized as
" Inhabitants-Soldiers," issued a " Declaration " May .SI, 1689, and appointed a Committee of Safety [See
Legislative Councils, 1689]. The Lieutenant-Governor Nicholson fled from the province. .Tacob Leisler
seized the Fort June 3, in the name of William and Mary, and was appointed its captain .luneH, by the
Committee of Safety. On the 16th of August he was appointed Commander-in-Chief, and on the llth of
Decemtjer he was inade Lieutenant-Governor, a Council was appointed, and writs were issued for the
election of members of Assembly. At Albany, William and Mary were proclaimed by the municipal au-
thorities^ but Leisler was resisted until the Spring of 1690, when Mayor Schuyler yielded, in order to secure
united action against the French and Indians, who were seriously threatening the province. In April, of
that year, the General Assembly convened, every county being represented except Suffolk. Leisler wm
tried and executed lor treason the following year.

104

Agents ok thk Colony.

to secure tlie appointment of an Agent, but failed. In 1711, an act
for tliat purpose was vetoed. In 1712, the Assembly urged the sub-
ject on the attention of the Governor. An Agent was secured on
the termination of the struggle in 1715. Various appointments
were made until the beginning of the contest over the acts establish-
ing a monopoly in the Sugar Colonies. The term of Peter Le Ileup
expired January 1, 1731. On the 30tli of September, Samuel Baker,
George Straatfield, Samuel Storke, Richard Janeway, Joseph Low
and Rodrigo Pacheco were empowered to employ an Agent, but the
plan does not appear to have succeeded. The following year, the
General Assembly undertook to secure the passage of an act em-
powering them to make an appointment. In 1741, in answer to
Lieutenant-Governor Clarke's appeal to them to provide for the
appointment of an Agent, they conceded the advantages, provided
lie was " depending on and payable by the Genei-al Assembly." The
contest continued until 1748, \yhen Charles was appointed by a rider
to the appropriation bill. In his address to the Legislature in 1769,
the Governor urged them to appoint the Agent as in other Colonies,
by the Governor, Council and Assembly, instead of by the Assem-
bly alone ; but the General Assembly responded in an address written
by Philip Schuyler, that " it would be sacrificing the rights and
diminishing the liberties of our constituents to adopt any other mode
of appointment than that which has been practiced in this Colony
for many years past." On the day that Philip Schuyler stood
up and A'Oted " NO," alone, on the resolution denouncing the
paper which arraigned the Assembly for voting supplies to the
soldiers^ (December 17, 1769) he nominated Edmund Burke as the
Agent of the Colonies, but the appointment was not made until a
year later.

AGENTS OF TUE COLONY.

AGENTS.

APPOINTED.

AGENTS.

APPOINTED.

AGENTS.

APPOINTED.

Peter Stuvvesant 2.
William Nicoll;!....
John Chainpantie 4
A'lolpli Philipse 4...

Oct. 1667
Oct. 4, I69r>
Sfpt 18, lfi'.l9
Sept. 1, 1716

Geo. Bampfleld C>...
Geo. Bamplield 61
Peter Le lleup6 j

Aug. 13, 1721
June 10, 1724

Peter Le Heup 7 ...
Robert CliarlesS...
Etlniuiiil Burke 3...

Jan. 1, 1727
April 8, 17.i^
Dec. 21,1770

1 See page 110.

2 Appointed by the Buruesses.

."J Appoiiiteil by resolution of the General Assembly. 4 .Xnpointed by Statute. July 21. 1718.
."> Appointed by ex-Gov. Hunter at the request of the (Jeneral Assembly, who offered him the Agency-
June 26, 1721. 6 .loint Agents ; appointed by resolution.

7 Appointed by resolution November .'> and by statute November 11, 172(i, to take elVoct January 1, 1727;
expired Januury 1, I72S; renpjiointed by statute July 12, 1729, and continued to Jaiuiary 1. 1731. by resolu-
tion adripted Ot iotier 2'.i, 17.30; comnmnioatlons from him, under date of April 2s, 17.38, transmitted to the
Assembly Septemlier 12.

8 Appointed by a rider in the appropriation Mil, which was not amendable by the Council. Mr. Charles
came Irom Kngland with Patrick Gordon, Lieuteiuint-Governor of Pennsylvania, as his private .secretary,
Binl wati by him reiommended ms Clerk of ibe Coumll ol^ that Colony, to which position he was appointed
September 1.'), 1726. lie was aiipointi-il a ('(imiMis>ioner to Maryland In the matter of boundaries, June 20,
17.34, ah'l uslstant Agent to Kngluiid with Benjamin Kranklln, tjctoberl.'i, 17Cn, and succeedeil him as Agent

COLONIAL CONFEDERACIES.

The Peqiiod war, which occurred in 1637, produced a desire for
union among the eastern colonies, and this desire led to definite
action in 1643. " The united colonies of New England" were then
"made all as one." The objects of the confederation were " pro-
tection against the encroachments of the Dutch and the French,
security against the tribes of savages," and " the liberties of the
gospel in purity and peace." This first confederacy formed among
the American provinces included " the colonies and separate gov-
ernments of Massachusetts, Plymouth, Connecticut and New Haven."
The plantations of Providence and Rhode Island were not admitted.
This may be explained, perhaps, by the reason assigned for not tak-
ing in the people beyond the Piscataqua : " They ran a different
course, both in their ministry and civil administration." Connecti-
cut demanded for each colony a negative on the acts of the confedera-
tion. Massachusetts refused assent to the principle, and Connecticut
waived it. Plymouth led the way in determining that the acts of
the confederation should have no force until they were " confirmed
by a majority of the people."

In 1690, the General Court of Massachusetts issued a call for a
Convention to agree upon a plan for the invasion of Canada. This
call was not formally acted upon, an invitation from Lieutenant-Gov-
ernor Leisler being accepted in its place, to meet in the city of New
York for the same purpose. Delegates were present from Massa-
chusetts, Plymouth and New York.

In October, 1745, a grand conference with representative Indians
was held at Albany, at which Commissioners were present from
Massachusetts, Connecticut, New York and Pennsylvania.

A Convention assembled at Albany June 19, 1754, to renew tne
treaty with the Six Nations and to unite upon some scheme for the
common defense against the French. Delegates were present from
14

106 FmsT Colonial Committee of Correspondence.

New Hampshire, Massachusetts, Connecticut, Rhode Island, New
York, Pennsylvania and Maryland.

Benjamin Franklin, a delegate from Pennsylvania, submitted to-
the Convention a plan for a union of the colonies. It provided for
a President-General, appointed and supported by the Crown, and
for a Grand Council elected by the General Assemblies of the
respective colonies. It was approved by the Convention, but was
rejected by the Colonial Assemblies because it gave too much power
to the Crown, and by the Crown because it gave too much power to
the people.

"William Smith, a member of the Executive Council of New York,
who was a member of this Convention, subsequently proposed apian
of Colonial union. It provided for a Lord Lieutenant and Council,
to be appointed by the Crown, and for a House of Commons to be
chosen by the Provinces. The Crown was to retain its ancient
negative, and the British Parliament its legislative supremacy in all
cases relative to life, liberty and property, except in the matter of
taxation for general aids, or for the immediate support of the Ameri-
can government. This plan was approved by Lord Granville, but
was not submitted to Parliament.

The first movement looking toward a Union of the Colonies
against the aggressions of the Crown, was made by the New York
Assembly October 18, 1764. It adopted resolutions approving-
the petition of the New York city merchants, relative to the oppress-
ive commercial legislation of Parliament, and directed that tlu'
memorial be forwarded to the Agent of the colony at the Court ot
Great Britain, assuming the expense of urging it upon the attention
of the Government. It then " Ordered that the committee ap-
pointed to correspond with the said Agent be also a committee dur-
ing the recess of this House to write to and correspond with the several
Assemblies or committees of Assemblies on the subject-matter "'
of these acts, " and also on the subject of the impending dangers
which threaten tlie colonies, by being taxed by laws to be passed in
Great Britain." This Committee of Correspondence was first ap-
pointed April 4, 1761, and consisted of the New York members.
On the 9th of December, 1762, Robert R. Livingston was added.
The Committee was appointed at the first session of the 29th As-
sembly, and continued throughout all its sessions, until it was dis-
solved in 1768. The members of the Committee were John Cruger,
Pliilij) Livingston, Leonard Lisi)enard, William Bayard, Robert R.

Colonial Conferences.

107

Livingston. On the 31st of October, 1765, at a meeting of the
merchants of the city of New York, a Committee of Correspondence
was appointed, consisting of Isaac Sears, John Lamb, Gershom
Mott, William Wiley and Thomas Robinson.

In 1765, the General Court of Massachusetts resolved to ask
counsel from the other colonies, with respect to the complications
with the home government. In a circular, Samuel White, the
Speaker, invited the several Colonial Assemblies " to meet in the
city of New York, on the first Tuesday in October next, to consult
together on the present circumstances of the colonies, and the difii-
culties to which they are and must be reduced by the operation of
the acts of Parliament for levying duties on the colonies." The
Conference was held accordingly. Seventy-eight delegates were
present, representing Massachusetts, Connecticut, Rhode Island,
NeM^ York, New Jersey, Pennsylvania, Delaware, Maryland and
South Carolina. The Conference adopted a petition to the King
M-ritten by Livingston, and another to Parliament, by James Otis,
and set forth " a declaration of rights and grievances " to the people
of England and America, " claiming the right of taxing themselves,
either personally or by representatives of their own choosing, the
right of trial by jury, and the right of petition, " This declaration
was written by Cruger.

NEW YORK DELEGATES TO COLONIAL CONFERENCES.

1690.

1754.

1765.

Jacob Leisler, Lieut. -Governor.
Peter de La Noy, of Council.

1745.

James De Lancey, Lieut.-Gov.
Joseph Murray, "1
William Johnson, i „^ n,„„„t
John Chambers, \°-^ Council.
William Smith, J

Robert R. Livingston,
Philip Livingston.
Leonard Lispenard,
John Cruger,
William Bayard.

Admiral George Clinton, Governor.
Daniel Horsemanden, I „/ n^„„„-i
Joseph Murray, / "-^ CToKna?.

The New York General Assembly, on the 20th of November,
1765, approved the proceedings of the Colonial Committees, and in
December adopted petitions to the King, Lords and Commons, claim-
ing " the exclusive right of giving to the Crown all necessary aids,
raised in the Colony either by duties or taxes," which were " free
gifts of the people ; " but expressing a willingness " to submit in
every other respect to the legislative authority of the British Parlia-
ment," for the " powers of legislation and taxation are not insepara-
bly connected." Two days after the adoption of these petitions,
Colden wrote to Conway that " whatever happens in this place has
the greatest influence on the other Colonies. They have their eyes

108 Suspension of the Assembly.

perpetually on it, and they govern themselves accordingly." From
this time forward, peculiar means were resorted to, to obtain control
of the Assembly of New York.

The stamp act was repealed March 13, 1766. In June, Governor
Moore notified the Assembly to make provision for troops, accord-
ing to the requirements of the Mutiny act. They refused. Twice
they were prorogued. In the fall, referring to the specific requisi-
tions of the Governor, they said : " We cannot consent, with our
duty to our constituents, to put it in the power of any person (what-
ever confidence we may have in his prudence and integrity) to lay
such burdens on them." Again they were prorogued. Parliament
then asserted its sovereignty by suspending the Assembly until it made
provision for the troops, and imposed trivial import duties on goods
entering American ports. The act of suspension went into effect
October 1st, 1767, and was announced to the Assembly November
ISth. Meantime, however, it had surrendered. On the 6th of June,
it liad appropriated £3,000 for troops quartered in the colony, paya-
ble to the commander-in-chief, and it now proceeded to appropriate
£1,500 payable on the warrant of the Governor and Council. The
Lords of Trade gave it as their opinion, May 7, 1768, that the act of
Parliament had been complied with, and the King expressed his
approval in Council August 12. Henceforward, the Assembly voted
money for troops, regularly.

A new Assembly was elected in 1768, and met in October. On
the 31st of December, they adopted petitions to the King, Lords and
Connnons, in which they defined the issues with the ministry in un-
mistakable terms. To the King they said : The late acts imposing
duties on the colonies with the sole view and express purpose of rais-
ing a revenue, were utterly subversive of their constitutional rights.
The act for suspending the legislative power of the representatives
of the colony they consider as still more dangerous and alarming.
To the Lords they said that by the late extension of the Admiralty
jurisdiction to penalties, forfeitures and even trespass upon the land,
we lose the unspeakable advantages of the ancient trial by jury, so
deservedly celel)rated by Englishmen in all ages as essential to their
liberty. To the Commons they stated that they had not the most
distant desire of independence of the parent kingdom. It is there-
fore with the greatest anxiety that we observe the acts of the late
Parliament imposing duties on the colonies for the declared purpose
of raising a revenue, M'hile we lament as subversive of the natural
and constitutional rights of the people we represent, whose property

Indefeasible Right of the Legislatuke. 109

is by these acts granted without their consent. The act of the sanie
Parliament, suspending the legislative power of this colony until
they shall have made the provision required for quartering his Ma-
jesty's troops, is still more alarming, as destructive of the very end
of representation, for the people can derive no advantage from the
right of choosing their own representatives, as when chosen they are
not permitted to exercise that freedom of judgment inseparable from
legislation. The same day they adopted resolutions declaring their
rights and privileges greatly abridged and infringed by acts of Par-
liament, and asserted it to be their right to correspond and con-
sult with other colonies. They also made this bold declaration :
" This Colony lawfully and constitutionally has and enjoys an
internal Legislature of its own, in which the Crown and the People
of this Colony are constitutionally represented, and that the power
and authority of the said Legislature cannot lawfully or constitu-
tionally be suspended, abridged, abrogated or annulled by any power,
authority or prerogative whatsoever ; the prerogative of the Crown
ordinarily exercised for prorogations and dissolutions only excepted."
There is reason to believe that these petitions and resolutions were
written by Phillip Schuyler. They gave such offense to the Gover-
nor that he dissolved the Assembly on the 2d of January.

The new Assembly was elected imder the cry of, No Lawyers and
No Presbyterians. The lawyers were devoted to the vital principles
of civU liberty, and the Presbyterians were engaged in efforts to
secure religious equality before the law, which was denied by the
Government. The Assembly met April 4:th, 1769. The funda-
mental principles held in common by all, under the violations of
constitutional law by the Ministrj^, were to result in the reorganiza-
tion of parties, and the division of those who had hitherto stood
together in defense of constitutional liberty.

There was first the party of independent action, which thought
by humble petitions to obtain from the Crown a gracious con-
cession of colonial rights. This party claimed the rights of the
English Constitution ; but it sacrificed them in obsequious defer-
ence to the prerogatives of the Crown. It agreed to a firm address
written by Schuyler ; and on the 10th of April permitted to pass a
resolution offered by Philip Livingston, thanking the non-importers
for Hving up to their agreement, and sustaining them therein,
" until such acts of Parliament as the Assembly had declared un-
constitutional and subversive of the rights of the people should be
repealed." On the 13th, therefore, Governor Moore wrote that the

1 10 Cardinal Policy of New York.

new Assembly is tenacious of its power ; and so it seemed to be.
But it contained the seeds of disloyalty to liberty, in that it regarded
with superior veneration the law of allegiance to a King who was
himself a traitor to constitutional liberty. It postponed Livingston's
motion to re-adopt the petitions of 1768, and voted appropriations to
troops. Parliament rejected the petitions, and the Assembly was
prorogued in May.

When the Assembly reconvened in November, Governor Moore
(who died September 11) had been succeeded by Lieutenant-Gov-
ernor Colden. It was known that all duties were to be repealed
except upon tea, and the people had resolved to stand by Massachu-
setts and South Carolina in refusing supplies to troops until Parlia-
ment abandoned all pretense of right to tax the colonies. The
Colonial party still adhered to the principle that the exclusive right
of taxation existed in the Assembly, maintained the right of peti-
tion and of trial by jury, and condemned the sending of persons
beyond the high seas for trial as " highly derogatory to the British
subject." The resolutions adopted by the Virginia House of Bur-
gesses, May 16, were concurred in November 29. But here the
Royalists stopped. The bill to furnish supplies to the troops was
passed by one majority. A denunciatory circular was thereupon
issued, arraigning the Assembly for disloyalty to the People, the
strong point of which was that they had deserted the common cause,
by voting supplies under the pretense of duty to the Crown, thus
condemning all the colonies which were united in refusing to
do so.

" The cardinal policy of New York," says Bancroft, " was the
security and development of colonial liberty through our American
Constitution, based upon the union of the Colonies in one General
Congress." The party of the Union felt indignant at the betrayal of
the People by the Assembly. A resolution was introduced denounc-
ing tlie circular as " a false, seditious and infamous libel." It was
adopted by the vote of every member present, except that of
Philip Schuyler. Its author, Alexander McDougall, was indicted
and imprisoned, was arraigned before the Assembly, and was ably
defended by George Clinton. His indictment for libel was never
brought to trial, and he was released in February, 1771.

The Boston Massacre and the repeal of all duties except upon tea
occurred the same day, March 5, 1770. New York alone had been
perfectly true to the non-importation agreement, and its imports had
fallen off more than five parts in six. It was impatient of a system

Parties in New York. Ill

t>f voluntary renunciation, which was so unequally kept, and the
belief was common that if the others had adhered to it as strictly,
all the grievances would have been redressed.^ It is not strange,
therefore, that the Government now gained in strength. Dunmore
arrived in October, and assumed the office of Governor. In his
address to the Assembly, December 11, he referred to "the salu-
tary reconciliation effected by the people of this province," and the
Assembly in response said : " The favorable disposition shown by
the inhabitants of this colony to renew the commercial intercourse
with the mother country will, we trust, be the means of effecting a
cordial reconciliation between Great Britain and the colonies, so
necessary at all times for the security and preservation of both ;
and recommend us to the favor of our most gracious sovereign."
An effort was made to strike this out of the address, but the motion
was lost, 5 to 11. On the ISth of Januarj^ 1771, Dunmore notified
the Assembly that he could not accept any salary from them, and
Try on gave the same notification Februry 13, 1772. While this
movement of the Crown was denounced elsewhere, it was passed
over in silence by the New York Assembly. Only two votes were
cast against the bill providing for troops, February 7, 1771.

The retaliatory measures directed against Boston, in 1774, sharply
defined the three parties in New York. There was the Peace party,
which controlled the Assembly, and two parties among the people.
The mechanics, or " Tribunes," favored the Boston plan of a suspen-
sion of trade ; while the merchants, discouraged by its failure, and
the lawyers and other patriots, termed " Patricians," favored a
General Congress in order to secure concert of effort. There were
the party of Peace, the party of Action, and the party of Union.
On the 19th of January, a new Committee of Correspondence was
appointed in the Assembly, consisting of John Cruger, James
Jauncey, Benjamin Seaman, Frederick Philipse, Zebulon Seaman,
Simon Boerum, James De Lancey, Jacob Walton, Isaac Wilkins,
Daniel Kissam, John Bapalje, John De Noyelles and George
Clinton. The radical Sons of Liberty had reorganized in 1773, with
a vigilance committee, and on the 14th of May, 1774, sent a vigorous
letter to Boston urging a General Congress. The conservative
merchants thereupon organized another Committee (the Committee
of Fifty-One), which urged concert of action, and a General
Congress. The result vindicated the wisdom of the New York
statesmen. Boston called the Congress ; and when concert of action

1 Bancroft.

112 Union Consummated.

was secured, vigorous measures naturally followed from earnest men.
The American Association for commercial non-intercourse was
t)rganized ; the rights of the colonies set forth in a Declaration of
Rights framed hy a Committee consisting of John Jay, Philip Liv-
ingston and Richard Henry Lee, and in addresses, and it was re-
solved " that this Congress approve the opposition of the inhabitants
of Massachusetts Bay to the execution of the late acts of Parliament,
and if the same shall be attempted to be carried into execution by
force, in such case all America ought to support them in their op-
position." This Union was pronounced by Chatham, in his great
speech of January 20, 1775, to be " solid, permanent and effectual,"
for " its real stamina are to be looked for among the cultivators of
the land. * * * These true sons of earth are invincible."

New York was now united. The voice of the People had been
harmonized ; but the Tories in the Assembly heeded it not. On
the 26th of January, a motion to take into consideration the pro-
ceedings of the Continental Congress, made by Colonel Ten
Broeck, was lost, 11 to 12. On the 1st of February Chatham brought
forward in Parliament his plan for " true reconciliation and national
accord," and it was defeated on its first reading. On the 9th of
February, Parliament presented a sanguinar}^ address to the King,
which amounted to a declaration of war. On the 16th of February,
the Tory Assembly of New York refused to agree to a motion
made by Col. Schuyler, to place on record the correspondence of its
own committee with other colonies ; on the I7th voted down resolu-
tions of thanks to the delegates to the Continental Congress offered
by Colonel Woodhull ; on the 21st refused to thank the non-im-
porting merchants, and on the 23d declined to send delegates to
the next Continental Congress. The same day, the Committee on
Grievances, appointed to " supplicate the throne " for rights which it
insolently denied, in pursuance of the Peace policy of Colden in his
address of January 10th, submitted a report, which was considered
March 24. The UnioTiists of that day, under the lead of Schuyler,
in vain endeavored to strike out its liumiliating clauses, and it was
adopted on the 25th. The Ministry heard of the action of the 26th
of January early in March, and were greatly encouraged by it; Dart-
month saying on tlie 3d that the Assembly had shown a good dis-
position toward recom-iliation with "the mother country," and New
York was tlie recipient of disgraceful favors in consequence. The
petitions, adopted March 25th, were presented by Burke May 15th,
and rejected because the right of Parliament to tax America was

The PRO\^NCIAL Convention.

113

denied. And still tliev had the hardihood to think that North's con-
ciliatory resolution " would remove all obstacles to the restoration
of public tranquillity,'' through " the moderation and loyal disposi-
tion of the Asseinbly of New York." That Assembly adjourned
April 3d to May 3d. It was prorogued from time to time, and
never met again. Thus ingloriously ended a legislative body, which
had a most glorious beginning nearly a century before.

The Committee of Fifty-one, having served its purpose of secur-
ing united action, was dissolved in November, 1774, and was suc-
ceeded by a Committee of Sixty, charged with the duty of " carry-
ing into execution the Association entered into by the Continental
Congress." This Executive Committee, the General Assembly hav-
ing refused to comply with the recommendations of the Continental
Congress, to choose deputies to attend another meeting of that body,
issued a call, in the month of March, 1775, to the several counties
throughout the Province, to elect deputies to a Provincial Conven-
tion, to be held in New York city on the 20th of April, for the pur-
pose of choosing Delegates to represent the Colony in the aforesaid
Continental Congress. This Convention met accordingly at the Ex-
change in New York, on the day appointed.

DEPUTIES TO THE PROVINCIAL CONVENTION.
President— Vbiup Livingston. Secretory— John McKesson.

Albany.

Peter R. Livingston, 1. 2
Walter Livingston,
Philip Schuyler, 2
Abraham Ten BroeclJ, 2
Abraham Yates, Jr.

Dutchess.

Egbert Benson,
Morris Graham,
Robert R. Livingston, Jr.2

Kings.

Simon Boerum, 2
Denice Denice,
Theotlorug Polhemus,
Richard Stillwell,

John Vanderbilt.

I^ew York .

John Alsop,
Abraham Brazier^
James Duane,
John Jay,
Francis Lewis.
Leonard Lispenard, 3
Pliilip Livingston, 3, 4
Isaac Low, 1
Alexander McDougall,
Isaac Roosevelt,
Abraham Walton.

Orange.
Peter Clowes,

John Haring,
Ann Hawkes Hay,
Israel Seely,
Henry Wisner.

Queens.

Jacob Blackwell,
Joseph Robinson,
John Talman.
Zebiilon Williams.

Suffolk.

Phineas Fanning,
William Floyd,
John SIoss Hobart,
Thomas Tredwell,
Thomas Wickham, 1

Nathaniel WoodhuU. 2

UUter.

George Clinton, 2
Charles De Witt, 2
Levi Pawling.

Westchester.

Samuel Drake,
Robert Graham,
James Holmes, 1
Lewis Morris, 4
Jonathan Plait, 1
John Thomas, Jr.,
Philip Van Cortlandt,
Stephen Ward.

This Convention elected delegates to the Continental Congress,
" to concert and determine upon such measures as shall be judged
most eifectual for the preservation and re-establishment of American
rights and privileges, and for the restoration of harmony between
Great Britain and her colonies." Having transacted the only busi-
ness for which it was called, it dissolved itself April 22d. The next
day (Sunday) a rumor reached the city of the battle of Lexington.

1 Did not attend the Convention. 2 Members of the last General Assembly.

3 Member of the General Assembly 17.^9-68.

4 Member of last General Assembly, but unseated for non-residence in district elected from.

114

CoMMirrKK OF One Hundred.

The People liad already become greatly excited by the warlike news
from Loudon and Boston. Two transports at the wliarf had been cut
loose, and an attempt made to seize the King's magazine, at Turtle
Bay. The citizens now burst all restraints ; instantly emptied the
vessels laden with provisions for Boston ; seized five hundred and
thirty stand of arms lodged in the city hall ; took possession of the
powder house ; organized military companies, which paraded
publicly through the streets, and published a declaration that no
vessel should be allowed to clear for Boston or Halifax.

It now became necessary to increase the Executive Committee and
to reoreranize it as a Provisional War Committee or Committee of
Resistance. This was done by the People, at a meeting held on
the 1st of May.

COMMITTEE OF ONE HUNDRED.

.Tohn Alsop,
.John Anthony,
Theophiliis Antlions',
Evert Bancker,
Francis Bassptt,
David Beeknian,
James Beekman,
Robert Benson,
John Berrien,
Victor Bicker,
Michaelis Bogert,
Al>raliam Brasher,
Abraham Brinkerhoff,
Jolin Broome,
Sanniel Broome,
Thomas Buchannan,
Josepli Bull,
Lancaster Burling,
Petrus Byvank,
David Clarkson,
Cornelius Clopper.
Peter T. Ourtcnius,
.Tohn De Laucey,
William Denning,
James Desbrosses,

.Tames Duane,
Daniel Dunscomb,
Abraham Duryee,
(Icrardus Duyckinck,
Lawrence Embree,
Kiiward Kleining,
George Folllott,
Walter Franklin,
William W. Gilbert,
I'cter Goelet,
William Goforth,
.Joseph Hallett,
Benjamin Ilelme,
Nicholas Iloflhian,
.Tohn Imlay,
Thomas Ivers,
George Janeway,
Freilerick Jay,
John Jay,
David Johnson,
Samuel Jones,
Garrat Keteltas,
Benjamin Kissam,
William Laight,
John Lamb,

John Lasher,
Jacobus Lefferts,
Francis Lewis,
Leonard Lispenard,
Peter V. B. Livingston,
Philip Livingston,
Abraham P. Lett,
Cornelius P. Low,
Isaac Low,
Gabriel IT. Ludlow,
Gabriel W. Ludlow,
William W. Ludlow,
Alexander Mc Dougall,
John Mar.ston,
Thomas >Iarston.
Eleazer Miller,
John B. Moore,
John Morton,
Hercules Mulligan,
Lindley Murray,
Daniel Phcenix,
Lewis PIntard,
.Teremiah Piatt.
Thomas Randall,
Robert Ray,

John Reade,
Henry Remsen,
Rudolphus Ritzema,
Isaac Roosevelt,
Nicholas Roosevelt,
Comfort Sands,
John Morin Scott,
Isaac Sears,
William Seton,
Richard Sharp,
Thoma-s Smith,
Oliver Templeton,
Joseph Totten,
John Van Cortlandt,
Anthony Van Dam.
Augustus Van Horn,
Peter Van Schaack,
Jacob Van Voorhees,
.Tacobus Van Zandt,
Samuel Verplanck,
Abraham Malton,
William Walton,
John White,
Richard Yates,
Hamilton Young.

This Committee " resolved to stand or fall with the liberty of the
Continent," thus indignantly spurning England's l)ribe to New York
to betray her sister colonies. On the 5th, an address was forwarded
to the Lord Mayor and Corporation of London, the signatures to
which were headed by John Jay. It declared that they " could
never sulimit to slavery. The disposal of their own property with
perfect s]Tontaneity is their indefeasible birthright. This they are
determined to defend with their blood, and transfer to their posterity.
The present machinations of arbitrary power, if unremittedly pur-
sued, will, by a fatal necessity, terminate in the dissolution of the
empire. This country will not be deceived by measures conciliatory
in appearance. We cheerfully submit to a regulation of commerce
by the Legislature of the parent State, excluding in its nature every
idea of taxation. * * * AH the horrors of civil war will never

Birthday of the State. 115

compel America to submit to taxation by authority of Parliament."
This letter was received in London June 24, and was approved and
indorsed by the people and local officials ; but government was
blinded to the situation. The Committee also resolved to withhold
supphes, and to repel any attempt to enforce taxation by Parliament ; i"
and in consequence of " the sanguinary measures adopted by the
British Ministry against our brethren in Massachusetts," circu-
lars were sent to the various counties, inviting them to elect dele-
gates to a Pkovincial Congress, to meet in the city of New York
on the 22d of May, '' to deliberate upon, and from time to time to
direct such measures as may be expedient for our common safety.''
Fourteen members of Assembly, most of them belonging to the
Tory majority, appealed to Gen. Gage against the use of force, and
the Council sent two agents to London, to inform his Majesty that
the Boston army had greatly injured the cause of the King. Indeed,
in the words of the Council on this 'occasion, his Majesty's govern-
ment in the province was prostrated. The Assembly had adjourned
from the 3d of April to the 3d of May. On the 1st of that month
it was prorogued to July ; but on the 22d the Provincial Congress
became, in fact, its successor. The Convention which framed the
State Constitution fixed the 19th day of April as the day on which
lawful Royal rule in this State ceased, and ordained that the law of
the Colony as it existed on that day, with " the resolves or resolutions
of the Congresses of the Colony of '^ew York, and of the Convention
of the State of New York, now in force, and not repugnant to the
government established by this Constitution, shall be considered as
making part of the laws of this State, " The first Congress ratified
the acts of the Provincial Convention. Its action thus became the
first act of the State of New York. The Congresses became regular
legislative bodies, by constitutional approval, and we therefore include
the names of their members under the Legislative Department.

The Continental Congress in May, 1776, adopted a resolution
declaring it " necessary that the exercise of eveiy kind of authority
under the Crown should be totally suppressed, and all the powers of
government exerted under the authority of the People of the Colo-
nies ; " and it therefore recommended the various Congresses to con-
sider the propriety of organizing new governments. On the 31st of
May, the Provincial Congress of New York adopted a resolution
recommending that in consequence of the " dissolution of the former
government by the abdication of the late Governor and the exclu-
sion of this Colony from the protection of the King of Great Britain,"

116

Continental Congress.

that deputies be elected " to institute and establish such a govern-
ment as they shall deem best calculated to secure the rights, liberties
and happiness of the good People of this Colony." Articles of Con-
federation and Perpetual Union were adopted by the Continental
Congress, November 15, 1777, and ratified by the Legislatm-e of
this State, February 6, 1778. Under these Articles, delegates were
to be appointed annually by the several State Legislatures, and were
liable to be recalled at will. No person could be appointed for more
than three years in six, nor hold any other office under government
for which he might receive fees or rewards. Delegates were paid by
the States they represented, and no State could have less than two nor
more than seven delegates. New York sent five, and, on special
occasions, a sixth. They were commissioned by the Council of Ap-
pointment. Votes in this Congress were given by States, each being
entitled to one voice, and the consent of nine States was necessary to
complete an act of legislation. The Union was declared perpetual.

DELEGATES TO THE CONTINENTAL CONGRESS.

First Delegates.
John Alsop,
Simon Boerum,
James Duane,
William Floyd,
John Haring,
John Jay,
Philip Livingston,
Isaac Low,
Henry Wisner.

April 20, 1775. 1

John Alsop,
Simon Boenim,
George Clinton,
James Duane,
William Floyd, 2
John Jay,
Francis Lewis, 2
Philip Livingston, 2
Robert R. Livingston,
Col. Lewis Morris, 2
Col. Philip Schuyler,
Henry Wisner.

■March 29,1777.
William Dner.

May 13, 1777. 3

James Puane,
William nuer,
Philip Livingston,
Oouveriieiir Morris,
Philip Sthuylcr.

October 3, 1777. i

,7nmcs Duane,
William Duer,
Francis Lewis,

Philip Livingston,
Gou verneur Morris.

March 25, 1778.
Philip Schuyler. 5

October 16, 1778.

James Duane,
William Floyd,
Francis Lewis,
Gouverneur Morris.
Philip Schuyler.

November i, 1778.
John Jay. 6, 12

October 1, 1779.

.Tames Duane,
William Floyd,
John Jay,

Ezra L'llommedieu,
John Morin Scott.

October i8, 1779.
Philip Schuyler, 7
Robert R. Livingston, 8

Chancellor.

September 12, 1780.
.Tames Duane,
William Floyd,
Ezra L'Hiiinmedieu,
Alexander McDougall,
Philip Schuyler,
John Morin Scott,
Robert R. Livingston. 9

October 26, 1781.
Egbert Benson,

James Duane,
William Floyd,
7Ezra L'Hommedieu,
Philip Schuyler,
John Morin Scott.

July 22, 1782.
•Tames Duane,
William Floyd,
Alexander Hamilton,
Ezra L'Hommedieu,
John Morin Scott.

February 3, 1784.
Egbert Benson,
Charles De Witt,
.Tames Duane,
John Jay,
.Tohn Lansing, Jr.,
Walter Livingston,
Alexander McDougall,
Ephraira Paine.

October 26, 1784.

Egbert Benson,
.lolin .lay,
John Lansing, Jr.,
Walter Livingston,
Zephaniah Piatt. 10

December 2, 1784.
Robert R. Livingston.

March 19, 17M.

.Tohn Lawrence,
Alexander McDougall,
.John Harinp,
Ephralm Paine.
Melancton Smith. 11

March 29, 1785.

Peter W. Yates,
John Lawrence,
John Haring,
Zephaniah Piatt,
Melancton Smith.

February 27, 1786.
John Haring.
Melancton Smith,
Zephaniah Piatt,
John Lawrence,
Peter W. Yates.

January 26, 1787.
John Haring,
Melancton Smith,
Peter W. Yates,
Abraham Yates, Jr.,
Egbert Benson,
John Lansing, Jr.

February 2, 1788.
Ezra L'Hommedieu,
Egtiert Benson,
Alexander Hamilton,
Melancton Smith,
Abraham Yates, Jr.,
Leonard Gansevoort.

Januaril-^, 1788.
Abraham Yates, Jr.,
David Gelston,
Philip Pell,
John Hathorn,
Sanniel Jones.

1 recognized by resolu.

1 Chosen by a Provincial Convention, assembled at New York for that purpose, and recog
tion of Provincial Congress, June 2.!, 177.'>. (Journal N. Y. Provincial Congress, i, 5, .')!.)
2Signersof the Declaration of Independence.

3 Chosen by the Convention of the State of New York, (Journal N. Y. Provincial Congress, i, 931. )

4 Appointed by the Leglslatnre. 5 Special delegate, to serve as long as those then in Congress.

6 Continued by resolution of Legislature of August 27, till October 15, 1779. Chief Justice (special dele-
gate. ) 7 In place of Jay, Minister to Ma<lrld. 8 Special delegate till April 1.

9 Special delegate till March 1. 10 Commission dated November 4. 1784. 11 Additional.

Vl Elected President of the Congress December 10, 1778, and held the office until his successor was chosen
September 38, 1779. ,

CONSTITUTIONS OF THE STATE.

The Constitution of the Colony was substantially perfected in
1664. The sovereignty of the People and the supremacy of the
Assembly were virtually recognized, although not securely estab-
lished. The Executive department of the government was adminis-
tered with considerable regard for the general welfare, and the Judi-
cial department was practically under the control of the people. The
principal object of contention had been the disposition of the
revenue. The liberty of the press and religious freedom had been
secured, but the equality of churches, before the law, had not been
admitted. The Crown had vetoed several acts incorporating
churches, and endeavored to secure the establishment of the Church
of England. The People then entered upon a struggle to preserve
what they had secured, and to surround their natural rights and civil
liberties with organic laws in affirmation and protection thereof.
They were the leaders in the organization of free institutions among
the colonies, and the pioneers in the work of uniting them under one
government. Their sagacious perception of the necessity of Union,
their implicit reliance upon Law, and their staunch devotion to
Liberty, were submitted to crucial tests, and their consecrated ener-
gies were as conspicuous as their conservative policy was fruitful
of lasting results.

The Fourth Provincial Congress, which met July 9, 1776, assumed
the name of the Convention of Representatives' of the State of
New York, July 10. The preceding day it had " Resolved, unani-
mously, that the reasons assigned by the Continental Congress for
declaring the United Colonies free and independent States are cogent
arid conclusive, and that, while we lament the cruel necessity which
has rendered that measure unavoidable, we approve the same, and
will, at the risk of our lives and fortunes, join with the other Colo-
nies in supporting it." Thus the new State of New Yokk was

1 As this Convention was the supreme legislative hody of the State, during its existence, the names of
its members will be found in their chronological order, in the Legislative Department.

118 Sovereignty of the People.

formally ushered into existence. On the 1st of August the follow-
ing Committee, to prepare a form of government, was appointed ;

.Tohn Jay,
John Sloss Hobart,
William Smith,
William Uuer,

Gouvemeur Morris,
Kobert R. Livingston,
John Broome,

John Morin Scott,
Abraham Yates, Jr.,
Henry Wisner,

Samuel Townsend,
Charles De Witt,
Robert Yates.

This Committee reported March 12, 1777, which report was dis-
cussed until April 20th following, when the First Constitution of
the State of New York was adopted.

The preamble, after declaring that " the many tyrannical and
oppressive usurpations of the King and Parliament of Great Britain
on the rights and liberties of the People of the American Colonies
had reduced them to the necessity of introducing a government by con-
gresses and committees, as temporary expedients, and to exist no longer
than the grievances of the People should remain without redress,"
recited the resolution of the Congress of the Colony of New York,
adopted May 31 (including the resolution of the Continental Con-
gress), relative to the institution of a new government, and the
Declaration of Independence, in order to demonstrate that the Sov-
ereign had not only usurped unconstitutional powers, but had abdi-
cated the lawful powers he possessed in England.

The flight of James w^as construed as an abdication, but the Con-
vention which deposed him doubted its own powers, and deemed
them less than those of a Parliament convened by the King's writ,
notwithstanding that, originally, the King derived his authority
from the People and not they from him. In New York, the abandon-
ment of the government by the representatives of the Crown was
held to be a refusal by the servants of the People to execute their
trusts ; and, indeed, to have left no one to dispute the sovereignty of
the People. Their will was hence first sought by fresh elections,
and then was declared to be the sole source of all authority. The
preamble of the First Constitution of the State therefore proceeds to
say that " by virtue of which several acts, declarations and proceed-
ings mentioned and contained in the aforesaid resolves or resolu-
tions of the General Congress of the United American States and
ol the Congresses or Conventions of this State, all power whatevei
therein hath reverted to the People thereof, and this Convention
liath by their sutfrages and free choice been appointed, and among
other things authorized to institute and establish such a government
as they shall deem best calculated to secure the rights and liberties
of the good People of this State, most conducive to the happiness

Supremacy of the Assembly. 119

and liberty of tlieir constituents in particular, and of America in
general. This Convention, in the name and by the authority of the
good People of this State, doth ordain, determine and declare, that
no authority shall, on any pretense whatever, be exercised over the
People or members of this State, but such as shall be derived from
and granted by them." Here, in emphatic terms, and in marked
contrast to that English spirit which deemed a Convention elected by
authority of the Iving more legitimate than one emanating from
the People, precisely the reverse was held ; and the freedom of every
citizen from any interference whatever, except in pursuance of
authority conferred by the People, was explicitly affirmed, and the
purpose of the State government was declared to be not only the
happiness and liberty of the People of the State but of America
in general. Union and Liberty were thus held inseparable, as they
had been from the first beginnings of the conflict with the Crown
in 1764.

The framers of the Constitution, after affirming the sovereignty of
the People, sought to secure the supremacy of the Assembly, their
immediate representatives. The control of the finances had been
the fii-st subject of contention with the Crown ; and it was provided
that the State Treasurer should be appointed by statute originating
with the Assembly. The concurrence of the Senate was thus matter
of form, although it provided a check against a dangerous appoint-
ment. On the 26th of October, 1778, the Senate unanimously
adopted a resolution affirming its equal rights to originate money
bills ; and on the 4th of November the Assembly adopted a resolu-
tion denying it, under the clause of the Constitution which provided
that it should " enjoy the same privileges and proceed in doing busi-
ness in like manner as the Assemblies of the Colony of New York of
right formerly did."

The supremacy of the Assembly was secured in the appointment
of delegates to the General Congress, by providing for their designa-
tion by joint nomination ; and that, in the event of disagreement,
the two Houses were to meet in joint ballot, where tlie preponder-
ance of the Assembly enabled it to secure its choice, if united.

The Assembly was given an indirect voice in appointments, by a
provision which authorized it to select a Council of Appointment from
the Senators, in which Council the Governor was to have " a casting
voice, but no other vote." Under this provision, he claimed the
right of nomination, but it was taken away from him by a Conven-
tion in 1801, which decided that any member of the Council had the

120 Impotence of the Executive — Primacy of the Judiciaky.

right to make nominations. Thus was taken from the Governor
powers deemed to belong to the otiice, or to the Crown, and which the
Assembly bad encroached upon during the colonial period. So fear-
ful had the People become of an irresponsible Executive, that they,
at first, failed to appreciate the nature of the revolution they had
wrouo-ht by securing a Governor elected by and responsible to them.
They knew that they had become sovereign, but they thought that
they must exert their sovereignty mainly through the Assembly.

Appointees of this Council (the Chancellor and Judges of the
Supreme Court) were associated with the Governor as a Council of
Ke vision, to which was given a qualified veto, in place of the abso-
lute veto formerly held by the Governor and the Crown.

Two of the functions possessed by the Governor and Council under
the Colonial Constitution were thus vested in two separate Councils,
more or less responsible to the Assembly ; and in both those Councils
the Governor could be entirely neutralized. He was part of the
Legislative Department under the colonial system. The Legisla-
ture now consisted of two instead of three departments. Whereas,
it formerly consisted of the Governor, Council and Assembly, sitting
separately, it was now expressly declared to consist only of the
Senate and Assembly ; while the Council of Revision was instituted
simply to prevent " laws inconsistent with the spirit of this Constitu-
tion or with the public good " from being '' hastily and unad\'isedly
passed." To this end, the Judiciary was made supreme in the law-
making power, unless overruled by two-thirds of both branches of
the Legislature.

The legislative and judicial functions of the old Council were con-
ferred upoji the Senate ; and the Governor was entirely stripped of
the Judicial power he possessed under the Colonial Constitution.
With the Senate, however, the Chancellor and Judges of the Supreme
Court were associated as a Court for the Trial of Impeachments and
the Correction of Errors.

The primacy of the Judiciary is as conspicuous a feature of this
Constitution as the supremacy of the Assembly and the subordination
of the Governor. The latter was simply an executive agent, to see
that the declared will of tiie people was carried into effect ; and was
no longer a dictator asserting the will of his sovereign. The Chan-
cellor and Judges of the Supreme Court were eligible to no other
office, except that of Delegate to the General Congress on special
occasions ; and the First Judges of County Courts could hold no other
ofiice, except Senator or Delegate. These exceptions were for the

"Weakness of the Confederation. 121

express purpose of preserving the equal balance of the Law, which
had been so serviceable in all emergencies.

No new courts could be constituted, except such as proceeded
according to the common law; the right of trial by jury was declared
inviolate, and liberty of conscience was guaranteed.

Thus the framers of the Constitution wrote in the organic law
the principles for which the People had been contending for over a
century. At the same time, their efforts to provide a mechanism
for the preservation of the liberties they had secured were crude and
imperfect.

FEDERAL UNION.

The Articles of Confederation provided that " the Union shall be
perpetual." They were ratified by the Legislature February 6,
1778 ; but some of the other States proceeded more slowly. Dis-
satisfied with the weakness of the Confederacy, agitation began for
an increase of power in the General Government. At a Convention
held in Boston in August, in 1780, relative to the currency, at which
New Hampshire, Massachusetts and Connecticut were represented,
it was declared to be essential to the power and prosperity of the
country, " that the Union of these States be fixed in a more solid
and permanent manner ; that the powers of Congress be more
clearly ascertained and defined ; and that the important national
concerns of the United States be under the superintending and
direction of one supreme head." In his speech at the opening of
the fourth session of the Legislature of New York, Governor Clin-
ton expressed his hearty concurrence and dwelt upon " the defect of
power in those who ought to exercise supreme direction." Both
Houses, in their addresses in response, united in the same opinion.
On the 23d it was decided to send delegates to a Convention to be
held at Hartford the second Wednesday in November, " to give a
vigor to the governing powers equal to the present crisis ; " and on
the 25th, Philip Schuyler, John Sloss Hobart and Egbert Benson
were appointed the Commissioners. On the 10th of October, it
was " resolved, unanimously, that the delegates from this State be
instructed to declare in Congress that it is the earnest wish of the
State that Congress should, during the war, or until a perfected
Confederation shall be completed, exercise every power which they
may deem necessary for an effectual prosecution of the war ; and
that, whenever it shall appear to them that any State shall be defi-
cient in furnishing the quota of men, money, provisions or other
16

122 Origin of the Fedeeal Constitution.

supplies required of such State, that Congress direct the Com-
mander-in-Chief, without delay, to march the army or such part
of it as may be requisite, into sucli State, and by a military
force compel it to furnish its deficiency." A second resolution di-
rected the Commissioners to the Hartford Convention to propose
that Congress be explicitly authorized and empowered thus to do.
The Convention did not accomplish any thing ; but the ratification
of all the Articles by all the States followed, and was announced to
the Legislature in a special message, March 19, 1781. In July,
1782, a resolution was adopted setting forth the weakness of the
Confederation, and recommending that " a General Convention of
the States, especially authorized to revise and amend the Confedera-
tion," be called. On the 10th of March, 1783, Ezra L'Hommedieu,
Ephraim Paine and John Lansing were named by resolution, as
Commissioners to a Conference at Hartford. In 1785, General
Washington suggested the holding of a Commercial Convention.
In February, 1786, the Governor of Yirginia addressed a letter on the
subject, and on the 3d of March Congress adopted a resolution
relative thereto, what was transmitted to the Legislature of Xew
York by the Governor March 26. This Convention was called for
the purpose of considering the trade and commerce of the United
States, and how far the common interest and permanent harmony
might be promoted by a uniform system in their commercial inter-
course, and was to report to the several States an act to enable Con.
gress to secure the desired result. Egbert Benson, James Duane,
Leonard Gansevoort, Alexander Hamilton, Robert C. Livingston and
Hobert R. Livingston M^ere named as such Commissioners from
New York, in an act passed May 6, 1786 ; but Messrs. Benson and
Hamilton only attended. The Convention was held at Annapolis,
Md., September 11-14, 1786, and strongly recommended that a
General Convention be held in the ensuing May, for the purpose of
framing a more efficient union, and conferring enlarged powers on
the Federal Congress. On the 17th of February, 1787, the As-
sembly of New York adopted a joint resolution instructing the
Deleerates of the State in Congress to move that a Convention be held
for the purpose of so amending the Articles of Confederation as '' to
render them adequate to the preservation and support of the Union."
There does not appear to have been any division in the House
tliereon, but in the Senate the resolution was agreed to (February
20) by a vote of 10 to 9. An Assembly resolution providing for
the appointment of delegates by this State came up in the Senate

Federal Constitutional Convention. 123

February 28, when Senator Yates moved to amend by providing
that the new amendments should " not be repugnant to or inconsist-
ent with the Constitution of this State," The vote on this amend-
ment stood 9 to 9, and the Lieutenant-Governor voted in the neira-
tive. The resohition was then adopted, and on the 6th of March
Robert Yates, John Lansing, Jr., and Alexander Hamilton were
appointed delegates " for the sole and express purpose of revising
the Articles of Confederation, and reporting to Congress and tlie
several Legislatures such alterations and provisions therein as shall,
when agreed to in Congress and confirmed by the several States,
render the Federal Constitution adequate to the exigencies of gov-
ernment and the preservation of the Union."

The Federal Constitutional Convention met in Philadelphia, on
the second Monday in May, 1787, and on the 17th of September
concluded its work. Alexander Hamilton was the only delegate
from this State who signed the new Constitution. The Convention
adopted a resolution recommending to Congress that it be submitted
to Conventions in each State, chosen by the People thereof, called by
the respective Legislatures. The Constitution was transmitted to
Congress by George Washington, President of the Convention, with a
letter commending the same. Congress adopted a resolution, Septem-
ber 28, referring the new Constitution to the various Legislatures for
submission to the People of the respective States. On the 31st of
January, 1788, the Assembly of New York adopted a joint resolu-
tion providing for a State Convention. Mr. Schoonmaker moved to
amend the preamble, by including a more comprehensive statement
of facts, and by reciting that the proposed organic law does " mate-
rially alter the Constitution and Government of this State, and
greatly affects the rights and privileges of the People thereof ; "
which motion was lost, 25 to 27. The resolution as it passed the
House was concurred in by the Senate, February 1, 10 to 8. The
Convention met at Poughkeepsie, June 17, and adjourned July 26.

The adoption of the Federal Constitution did, indeed, work great
. changes in the structure of the government of the State. Revenue
laws had already been passed, and customs officers appointed ; the
Admiralty Court was still in existence, and Commissioners of Indian
Affairs continued to regulate the relations with the native tribes.
All these were to be superseded by Federal officials. After debate
in the Convention, it was proposed to ratify the Constitution " on
condition " that certain propositions be submitted to a General Con-

124

Adoption of the Federai. Constitution.

ventioii ; l)iit tliese words were changed to an expression of " full
confidence" that the suggestions of the Convention would be com-
plied with. A motion was lost, reserving to New York the right
to withdraw its ratification unless its recommendation of a General
Convention was adopted. The Constitution was ratified July 26, by
a vote of 30 to 27 — seven not voting.

DELEGATES TO THE CONVENTION.

JVe^Wen<-George Clinton.

Secretaries— John McKesson, Abraham B. Bancker.
Door-keepei — David Barckley.

Albany.

Kinrje.

Orange .

Ulster.

John Lansing, Jr.,*

Peter Lefferts,

John Haring,*

.John Cantine, *

Henrv Oothuudt, *

Peter Vandervoort.

Henry Wisner,*

Ebenezer Clark,*

Dirck Swart, t

John Wood,*

George Clinton, t

Anthony Ten Eyck.t

Montgomery.

Jesse WoodhuU.

James Clinton,*

Israel Thompson,*

John Frey,*
William Harper,*

Cornel's C.Schoonmaker*

Peter Vrooman, t

Queens.

Dirck Wynkoop.*

Robert Yates. *

Henry Starinc,*

Stephen Carman,

Volkert Veeder,*

Samuel Jones,

Washington <£ Clinton.

Columbia.
Matthew Adgate,*

John Winn,*
Christopher P. Tates.t

Nathaniel Lawrence,
John Schenck.

Albert Baker.*
David Hopkins,*

John Bay,*
Peter A'an Ness.*

Neil) York.

Richmond.

Ichabod Parker,*
John Williams.*

Tomnc T)i]!inp

Abraham Bancker,

Dutchess.

.\lexander Hamilton,

Gozen Ryerss.

Wptfrhp^fpr

Jonathan Atkins,*

Richard Harison,

fr COtOfCCOtC/ •

John De Witt,

John Sloss Hobart,

Suffolk.

Thaddeus Crane,

(iilbert Livingston,

.Tohn Jay,

Jonathan N. Havens,

Richard Hatfield,

Zephaniah Piatt,

Robert R. Livingston,

David Hedges,

Philip Livingston,

Melancton Smith,!

Nicholas Low,

Henry Scudder,

Lewis Morris,

Jacobus Swartwout,*

Richard Morris,t

John Smith,

Lott W. Saris,

Ezra Thompson.t

Isaac Roosevelt.

Thomas Tredwell.*

Philip Van Cortlandt.

In the above list of members, those who voted against the Constitution are marked thus *
did not vote, thus t.

those who

In his address to the Legislature in December, Governor Clin-
ton said : " A declaration of rights with certain explanations
are inserted, in order to remove doubtful constructions, and to
guard against an undue and improper administration, and that
it was assented to in the express confidence that the exercise of
different powers would be suspended until it [the Constitution]
should undergo a revision by a General Convention of the States
* * * nothing short of the fullest confidence of obtain-
ing such revision could have j^revailed upon a sutficient number
to have ratified it without stipulating for previous amendments."
At the first session of the first Congress, amendments were proposed
substantially attaining the objects sought by New York, the pre-
amble reciting tliat, " the Convention of a number of the States having
at the time of their adopting the Constitution expressed a desire, in
order to prevent misconstruction or abuse of its powers, that further
declaratory or restrictive clauses should be added." Ten of these
amendments were ratified by the Legislature, March 27, 1790, and

1 Resided in New York city.

Convention of 1801.

125

another, September 21, 1791. Thus the influence of New York
secured, first, a better organized government, and then Kmited it
strictly to the purposes for which it was established.

CONVENTION OP 1801.

This convention was held at Albany, October 13-27, 1801, pursu-
ant to an act passed April 6 of that year, to settle the controversy
which had arisen regarding the relative powers of the Governor and
Council of Appointment respecting nominations for office, and to
consider the expediency of altering the Constitution in regard to the
number of Senators and Assemblymen, with power to reduce and
limit the same. The Convention unanimously decided that the Coun-
cil of Appointment had equal powers of nomination with the Gov-
ernor ; fixed the number of Senators at 32 and the Assemblymen at
100, to be increased after each census, at the rate of two yearly, until
they reached the number of 150.

DELEGATES TO THE CONVENTION.

President — Aaron Burr. Secretaries— 3 axaes Vanlngen, Joseph Constant.

Serffeant-at-Arms—\o\ci.eTt A. Douw. DoorJceeper— Benjamin Whipple.

Albany.

Johan Jost Dietz,
Leonard Gansevoort,
Daniel Hale,
John V. Henry.
Josiah Ogden Hoffman,
Abraham Van Ingen,
Stephen Van Rensselaer,
Peter West.

Cayiiga.
Silas Halsey.

Chenango.

John W. Buckley, 1
Stephen Hoxie.

Clinton and Essex.
Thomas Tredwell.

Columbia.

Benjamin Birdsall,
Alexander Coffin,
Stephen Hogeboom,
Moses Trafford,
James I. Van Allen,
Moses Younglove.

Delaware.

Roswell Hotchkiss,
Elias Osbom.

Dutchess.

Jonathan Akin,
Isaac Bloom,
Caleb Hazen,
Peter Huested,
Edmund Parlee,
Smith Thompson,
Joseph Thorn,

John Van Benthuysen,
Theodorus Van Wyck,
Ithamer Weed.

Greene.
Martin G. Schuneman,
Stephen Simmons.

Herkimer.

George Rosecrantz,
Matthias B. Tallmadge,
Evans Wherry.

Kings.
John Hicks.

Montgomery.

Nathaniel Campbell,
Jonathan Hallett,
John Herkimer,
Thomas Sammons,
Peter Waggoner, Jr. ,
Caleb Woodworth.

New York.

Joshua Barker,
John Bingham,
George Clinton, Jr.,
Nicholas De Peyster,
William Edgar,
Archibald Kerly,
Maturin Livingston,
John Mills,
James Nicholson.
Daniel D. Tompkins,
Solomon Townsend,
William P. Van Ness,
Peter H. Wendover.

Oneida.

James Dean,
Bezaleel Fisk,

Henry Huntington. 2

Onondaga.
Moses Carpenter.

Ontario and Steuben.

Moses Atwater,
John Knox.

Orange.
Aaron Burr,
James Clinton,
Arthur Parks,
John Steward,
Peter Townsend.

Otsego.

Daniel Hawkes,
James Moore,
Luther Rich,
David Shaw.

Queens.

De Witt Clinton,
James Rayner,
John Schenck,
John W. Seaman.

Rensselaer.

Cornelius Lansing,
Jonathan Niles,
William W. Keynolds,
Jonathan Rouse,
John Ryan,
Jacob Yates.

Richmond.
Joseph Perine.

Rockland.
Peter Taulman.

Saratoga.

Adam Comstock,
Samuel Lewis,
Beriah Palmer,
John Thompson,
Daniel L. Van Antwerp.

Schoharie.
(Not represented.)

Suffolk.

William Floyd.
Ezra L'Hommedieu,
Samuel L'Hommedieu,
Joshua Smith, Jr.

Tioga.
John Patterson.

Ulster.

John Cantine.
Lucas Elmendorf,
Abraham Schoonmaker,
Anning Smith.

Washington.

John Gale,
Solomon King,
Thomas Lyon,
Edward Savage,
Solomon Smith,
John Vernor.

Westchester.

Thomas Ferris,
Israel Honeywell,
Jonathan G. Tompkins,
Pierre Van Cortlandt, Jc
Ebenezer White.

1 Contested by Anson Gary.

2 Contested by Joseph Kirkland.

126 Defects of the First Constitution.

CONVENTION OF 1821.

The Constitution did not meet the expectations of its fraraers.
The ennibrous machinery by which it was sought to insure the con-
trol of the People, througli the supremacy of the Assembly, had
only resulted in fortifying power practically beyond their reach.

The Council of Revision was objected to because it had exercised
the veto power contrary to the spirit of the Constitution, which was
in harmony with the traditions of the Colony from the earliest con-
flict with the Excutive power ; and because the officers who thus
interposed their objections to the will of the Legislature, holding
office for good beha^aor (except the Governor), were beyond the
reach of the People. It was seen that this power was a dangerous
one, in a Council so constituted ; but it was thought that it could be
safely intrusted to the Governor alone, as he was directly responsi-
ble to the People. The Council of Appointment, although not
vested with any judicial authority, and in fact disclaiming it,
nevertheless at an early day smmnoned its appointees before it,
for the purpose of hearing accusations against them, and proving
their truth or falsity. At a later day, more summary proceedings
were resorted to. The office thus became very unpopular. Nearly
every civil, military, and judicial officer of the commonwealth was
appointed by this Council. In 1821, 8,287 military and 6,663
civil officers held their commissions from it, and this vast system
of centralized power was naturally very obnoxious.

The Legislature, in 1820, passed " an act recommending a Con-
vention of the People of this State," which came up for action
in the Council of Revision, on November 20th of the same year ;
present, Governor Clinton, Chancellor Kent, Chief Justice Spencer,
and Justices Yates and Woodworth, on which day the Council, by
the casting vote of the Governor, adopted two objections to it ; first,
because it did not provide for taking the sense of the People on the
question ; and second, because it submitted the new Constitution to
the People in toto, instead of by sections.^ These objections were
referred to a select committee, Michael Ulshoefifer, chairman, who
submitted their report Januar}-- 9, 1821, in opposition to the opinion
of the Council, which was adopted by the Assembly." The bill,
however, failed to pass, not receiving a two-third vote. Immediately
thereupon a committee was appointed to draft a new bill. The
Committee subsequently introduced a bill for sul)mitting the ques-

1 Street's Council of Revision, pp. 390-393 2 Ibid., pp. 455-476.

Convention of 1821.

127

tion to the people, which passed both Houses ; received the sanction
of the Council of Revision on the 13th of March, and was subse-
quently amended, the amendments receiving the sanction of the
Council on the thii'd of April,^ The popular vote on holding the
Convention was had in April, and resulted as follows :

" For Convention," 109,346.

' For No Convention," 34,901.

DELEGATES TO THE CONVENTION.

i^f.stden<— Daniel D. Tompkins.
a^.4^ms— Henry Freyer, Louis S. Le
Broeck.

Secretaries— John F, Bacon, Samuel S. Gardiner. Sergeants-
Couteulx. Doorkeepers— Henry Bates, John Bryan, Richard Ten

Albany.

James Kent,*
Ambrose Spencer,*
Stephen Van Rennselaer,*
Abraham Van Vechten.*

Allegany and Steuben.
Timothy Hurd,
James McCall.

Broome,
Charles Pumpelly. 2

Cattaraugus, Ohuutauque,
Erie and Niagara.

Augustus Porter,
Samuel Russell.

Cayicga.
David BrinckerhofiF,
Rowland Day,*
Augustus F. Ferris.

Chenango.

Thomas Humphrey,*
Jarvis K. Pike,
Nathan Taylor.

Clinton and Franklin.
Nathan Carver.

Columbia.

Francis Silvester,*
William W. Van Ness,*
Jacob R.Van Rennselaer.*
Elisha Williams.*

Cortland.
Samuel Nelson.

Delaware.

Robert Clark,* 2
Erastus Root.

Dutchess.
Elisha Barlow,
Isaac Hunting,
Peter R. Livingston,
Abraham H. Schenck,
J^mes Tallmadge, Jr,*

Essex,
Reuben Sanford.

Genesee.

David Burroughs,
John Z. Ross,
Elizur Webster.

Greene.

Jehiel Tuttle,
Alpheus Webste r. *

Herkimer.

Sanders Lansing,
Richard Van Horn,*
Sherman Wooster.

Jefferson.

Hiram Steele,
Egbert Ten Eyck.

Kings.
John Lefferts.

Lewis.
Ela Collins.

Livingston.
James Roseburgh.

Madison.

Barak Beckwith,
John Knowles,
Edward Rogers.

Monroe.
John Bowman.

Montgomery

William I. Dodge,*
Howland Fish,
Jacob Hees,*
Philip Rhinelander, Jr.,*
Alexander Sheldon.

Mw Tork.

Jacobus Dyckman,
Ogden Edwards,
James Fairlie,
John L. Lawrence,
William Paulding, Jr.,
Jacob Radcliff,
Nathan Sanford,
Peter Sharpe,
Peter Stagg,
Peter H. Wendover.
Henry Wheaton.

Oneida and part of
Oswego.
Ezekiel Bacon,
Samuel Sidney Breese,*
Henry Huntington,
Jonas Piatt,*
Nathan Williams.

Onondaga and part of
Oswego.

Victory Birdseye,
Amari Case,
.\sa Eastwood,
Parley E. Howe.

Ontario.

Micah Brooks,
John Price,*
David Sutherland,*
Philetus Swift,
Joshua Van Fleet.

Orange.
John Duer,
John Hallock, Jr.,
Peter Milliken,
Benjamin Woodward.

Otsego.

Joseph Clyde,
Ransom Hunt,
William Park,
David Tripp,
Martin Van Buren.

Putnam.
Joel Fro&t.

Queens.

Elbert H. Jones,*
Rufus King,
Nathaniel Seaman.

Rensselaer.

Jirah Baker,
David Buel, Jr.,
James L. Hogeboom,
John Reeve,
John W. Woods.

Richmond.
Daniel D. Tompkins. *

Rockland.
Samuel G. Verbryck.

St. Lawrence.
Jason Fenton.

Saratoga.

Salmon Child,
John Cramer.
Jeremy Rockwell,
Samuel Young.

Schenectady.

John Sanders,*
Henry Yates, Jr.

Schoharie.

Olney Briggs,
Asa Starkweather,
Jacob Sutherland.

Seneca.

Robert S. Rose,
Jonas Seely.

Suffolk.

Usher H. Moore,
Ebenezer Sage,
Joshua Smith.

SuXUvan and Ulster .

Daniel Clark.
Jonathan Dubois,
James Hunter,
Henry Jansen. 3

Tioga.
Matthew Carpenter.

Tompkins.
Richard Smith,
Richard Townley.

Warden and Washing-
ton.

Alexander Livingston,
Nathaniel Pitcher,
John Richards,
William Townsend,
Melancton Wheeler.

Westchester.

Peter A. Jay.*
Peter J. Munro,
Jonathan Ward.

Those marked thus *, did not sign the Constitution.

1 Street's Council of Revision, pp. 476-479.

2 Died suddenly in the hall of the Capitol, September 14. 1821.

3 Resided in Nichols, Tioga county.

128 YOTES BY THE FeoPLE.

The Convention assembled in Albany, August 28, and adjourned
November 10, 1821. The Council of Kevision was abolished, and
its powers transferred to the Governor. The Council of Appoint-
ment was abolished without a dissenting voice. The principal
department officers were directed to be appointed on an open sep-
arate nomination by the two Houses, and subsequent joint ballot.
Of the remaining officers, not made elective, the power of appoint-
ment was conferred upon the Governor, by and with the advice
and consent of the Senate. In 1846, two hundred and eighty-nine
offices were thus filled. The elective franchise was extended.^

The Constitution was adopted at an election held in February,
1822, by the following vote :

Constitution— For 74,732 Against 41,402

Under this and the preceding Constitutions, the civil and political
year commenced on the first day of July.

Tims civil liberty emerged from the ancient chrysalis in which it
had been preparing a new organism, adapted to its better growth.
The People took to themselves a large portion of the power they
had felt it necessary, in the exercise of a natural conservatism, to
intrust to the Assembly. They had learned that an elective Gov-
ernor and an elective Senate are equally their agents, and interests
which they thought ought to be conserved, they intrusted to them,
subject to their responsibility to the People. The entire Senate were
substituted in the place of the members who chanced to be the favor-
ites with a majority in the Assembly, as a Council to the Governor,
and thus the People of all the State were given a voice in appoint-
ments. The Supreme Judicial Tribunal remained the same. The
direct sovereignty of the People was thus rendered far more effective,
and popular government took the place of parliamentary administra-
tion.

The following questions were submitted to the People during the
prevalence of the Constitution of 1821 :

1825. — On the election of Presidential Electors :

By dislrictti f*,;i24 By General ticket, plurality 56,801 Majority 931

1826. — On electing Justices of the Peace :

For 129.098 Against 1,663

1826. — On extending the Elective Franchise :

For 127,077 Against 3,215

1 See " Elective Franchise," page 137.

The New Constitution. 129

1833. — On authorizing the Legislature to reduce the duties on
salt :

For 93,260 Against 7,865

1833. — On the election of Mayor of the city of New York by the
electors thereof:

For 48,977 Against 1,936

1835. — On restoring duties on salt, and on goods sold at auction,
to the General Fund :

For 68,126 Against 8,675

1839. — On the election of Mayors by the People :

For ~ 90,473 Against 382

1845. — In relation to the removal of judicial officers:

For 114,769 Against „ 3,689

1845, May 5. — On the abrogation of the property qualification
for office :

For 114,900 Against 3,901

1846. — On the excise act, except in the city of New York :

For no license 177,683 For license 111.8S4

The submission of this act to the People was afterward declared
unconstitutional by the courts.

CONVENTION OF 1846.

The Constitution of 1821 grew in disfavor with the growth of
the State. There was a demand for stability in the conduct of the
great interests of the commonwealth, and a feeling that the power
in the hands of the Governor and Senate had become too great-
The question of ordering a Convention to be held for the purpose
of proposing a new Constitution was submitted to the people,
November 4, 1845, with the following result :

" For a Convention, " 213,257 -'No Convention," 33,860

Agreeably to this expression of the popular will an act was passed
May 13, 1845, calling the Convention at Albany June 1, following,
which met accordingly on that day, and adjourned October 9, 1846.

The new Constitution now limited the discretion of the Legislature
in regard to some of the great concerns of the State, extended the
elective franchise, gave the People the selection of most of the gen-
eral and local officers which had been appointed by the Legislature, or
by the Governor and Senate, and erected an independent Court of
Appeals. This last change did away with the sole remaining relic of
the Colonial period. The reverence for Law resulted in separating
its adjudication entirely from the purely political department of the
government. Nowhere else can there be found such implicit regard
17

130

Convention of 1846.

for Law, such careful securities for its purity and independence
The principle is coeval with the colony ; the organism is the growth
of our own soil.

DELEGATES TO THE CONVENTION.

Presid(ut—.^ohn Tracy. Secretaries ~ James. F.
Sergeant-at-Armt—Jlham Allen.

Starbuck, Henry W. Strong, Francis Seger.
Dom-keeper—Hemnn R. Hewlett.

Albany.

Ira Harris,
Peter Shaver,
Benjamin Stanton,
Horace K. Willard.

Allegany.

William G. Angel,
Calvin T. Chamberlain.

Broome.
John HyJe.

Cattaraugus.

George A. S. Crooker,
Alonzo Hawley.

Cayuga.
Daniel John Shaw.
Elisha W. Sheldon,
Peter Yawger.

Oiaulauque.

Richard P. Marvin,
George W. Patterson.

Chemung.
William Maxwell.

Chenango.

Blisha B. Smlth,t *
John Tracy.

cd'nton.
Lemuel Stetson.

Columbia.

George C. Clyde,
Ambrose L. Jordan.f *

Cortland.
John Miller.

Dtlaware.

Isaac Burr,

David S. Waterbury.

Dutchess.

Peter K. Du Bols,
Charles H. Rugglcs,
James Tallmadge.

Ijrie.
Ab.solom Bull,
Aaron .Salisbury,
Horatio J. Stow,*
Amos Wright.

Essex.
George A. Simmons.

Fi-anklm.
Joseph R. Flanders.

Fulton and Hamilton.
John L. Hutchinson.

Genesee.

Samuel Richmond,
Moses Taggart.

Greene.
Robert Dorlon.
James Powers.

Herkimer.

Michael Hoffman,
Arphaxad Loomis.

Jefferson.

Azel AV. Uanforth,
Alpheus S. Greene,
Elihu M. McNiel.

Kings.
Tunis G. Bergen,
Henry C. Murphy,
Conrad Swackhammer.

Lewis.
Russell Parish.

Livingston.

Allen Ayrault,
William H. Spencer.*

Madison.
Benjamin F. Bruce,
Federal Dana.

Monroe.

Frederick F. Backus,
Harry Backus,
Enoch Strong.

Montgomery.

John Bowdish,
John Nellls.

New Tork.

Stephen Allen,
William S. Conely,
Bci;)aniln F. Cornell.
John H. Hunt.t
David R. Floyd Jones,
John A. Kennedy,!*
George S. Mann,
Kobort H. Morris,
Henry Nii-oll,
Charles O'Conor,
Lorenzo B. Shepard,t
John h. Stephens,
Samuel J. TUden,

Solomon Townsend,
Alexander F. Vache,t*
Campbell P. White.

Niagara.

Hiram Gardner.t*
John W. McNitt.t*

Oneida,.

Hervey Brayton,
Julius Candee,
Edward Huntington,
Charles P. Kirkland.

Onondaga.

Cyrus H. Kingsley,
David Munro,
Elijah Rhoades,
Wilham Taylor.

Ontario.

Robert C. Nicholas,
Alvah Worden.

Orange.

John W. Brown,t*
Lewis Cuddeback,
George W. Tuthill.

Orleans.
William Penniman.

Oswego.

Sereno Clark.t *
Orris Hart.f

Otsego.

Levi S. Chatfleld.t
Samuel Nelson,t*
David B. St. John.

Putnam.
Gouverneur Kemhle.

Queens.
John L. Biker.

Rensselaer.

Wm.H.VanSchoonhoven.
Perry Warren,
Abram Whitbeck.

Richnumd.
John T. Harrison.

Rockland.
.Tohn J. Wood.t

St. Laiorence.
Bishop Perkins,

John Leslie Russell,
Jonah Sanford.

Saratoga.

James M. Cook,
John K. Porter.

Schenectady,
Daniel D. Campbell.t

Schoharie.

William C. Bouck.t*
John Gebhard, Jr.

Seneca.
Ansel Bascom.

Steuben.

Benjamin S. Brundag*.
Robert Campbell, Jr.,
William Kernan.

SujSrolk.

Churchill C. Cambreleng.
Abel Huntington.

Sullivan.
William B. Wright.

Tioga.
John J. Taylor.

Tompkins.

Thomas B. Sears,
John Youngs.

Ulster.

James C. Forsyth,
George G. Graham.

Warren.
William Hotchkiss.

Washingttm.

Albert L. Baker,
Edward Dodd.

Wayne.

Ornon Archer,
Horatio N. Taft.

Westchester.

John Hunter,t*
Aaron Ward.

Wyoming.
Andrew W. Young.

■ Tales.
Elijah Spencer,

Those In the Convention who did not sign the engrossed Constitution, are marked thus *. Those whoso
Totes are not recorded on the Journal, are marked thus t. AH others voted in the affirmative.

The new Constitution was submitted to the People T^ovember 3,
1846, witli the question for the repeal of the property qualification
for colored citizens, separately. The following was the result :

ronstltutlon-Yoi 221,528 No 92,4.T6

Equal lun'ruge to colored persons— Ye« 8i,306 No 223,831

Questions Submitted to the People. 131

The civil and jDolitical year begins the first day of January ; the
fiscal, the first day of October.

The following questions were submitted to the People subsequent
to the adoption of the present Constitution, and prior to the vote
ordering a new Convention, had in 1866 :

1849 — On the adoption of the Free School law :

For 249,872 Against 91,951

1850 — On the repeal of the new School law:

For 184.208 Against 209,347

1854, February 15 — To provide for the more speedy completion
of the canals :

For amending the Constitution... 185,771 Against „ 60,526

1858, April 17 — Shall there be a Constitutional Convention ?

For 135,166 Against 141,526

1859, November 8— On a loan of $2,500,000 to pay the floating
debt:

For 125,370 Against 77,466

1860, November 6 — On equal suffrage to colored persons :

For 197,505 Against 337,934

1864, March 8 — Allowing absent electors in the military service
of the United States to vote :

For 258,795 Against 48,079

1865, March 14 — Providing for appointment of five Commission-
ers of Appeals :

For 56,486 Against 81,532

1865, November 7 — Act to create State debt :

For 393,113 Against „ 48,665

CONVENTION OP 1867.

In compliance with the provisions of the Constitution (art. 13, §
2), the question, " Shall there be a Convention to revise the Consti-
tution, and amend the same ? " was submitted to the electors of the
State, at the general election held in the year eighteen hundred and
sixty-six. The vote was officially declared as follows :

For 352,854 Against 256,364

Being thus directed by the Constitution, and the will of the Peo-
ple, the Legislature, in 1867, provided for the election of Delegates
to revise the organic law of the State, which was held April 23, of
that year. Thirty-two Delegates at large were chosen, electors being
restricted to sixteen names upon their ballots, thus securing equal
representation, so far as these Delegates were concerned, to the two
political parties of the day. The Convention met in the Assembly

132

Convention of 1867.

Chamber, June 4, 1 867, and adjourned sine die, February 28, 1868.
In the meantime, an adjournment had been had from September 24
to November 12, 1867. The meetings of the Convention which
were had contemporaneous with the sessions of the Legislature were
held in the Chamber of the Common Council of the city of Albany,
through the courtesy of the members of that body.

DELEGATES TO THE CONVENTION.

/Ve*jd«i<— William A. Wheeler.

Secretary— IxXhex CaldwelL

Sergeant-at-Arms—^sm\ie\ C. Pierce.

At Large.
Charles Andrews,*
Henry D. Barto.t
Tracy Beaille,*
Marshall B. Champlain,
Henrv 0. Chesebro.t
Sanford E. Church,t
George F. Comstock,
BriLstus Cooke,*
Gooruf William Curtis,*
Augustus ,1. H. Duganue,*
William M. Evarts,
Charles J. Folger,*
Augustus Frank,*
Horace Greeley,
Jacob Hardeiibergh,t
Ira Harris.*
Waldo Hutchins,*
Francis Kernan,
George Law.
.7ohn Magee,
Joseph G. Masten,
Henry C. Murphy,t
Homer A. Nelson,!
George Opdyke,*
Alonzo C. Paige,
Erastus S. Prosser,*
Augustus S('hpll,t
David L. Seymour,
Martin I. Townsend,*
Joshua M. Van Cott,*
Smith M. Weed,
William A. Wheeler.

First District.

Erastus Brooks,
Selah B. Strong,
Solomon Townsend,*
William Wkkham.t

Second District.

Daniel P. Barnard,!
Walter L. Livingston,!
Charles Ix)wrey,
John P. Rolfe.t

Tfiird District.
Teunis G. Bergen.t
Stephen I. Calahan,t
John G..Schumaker,t
William D. Veeder.t

Fourth District.

John E, Burrill,
Charles P. Daly,t
Samuel B. Garvin,!
Abraham R. Lawrence, Jr.

Fifth District.

Elbridge T. Gerry,
Nathaniel Jarvis, Jr.,
Henry Rogers,!
Norman Stratton.*

Sixth District.
Magnus Gross.f
Frederick W. Loew.
Abraham D. Russell,
Gideon J. Tucker.! ]

Seventh District.

James Brooks,
Edwards Pien-epont,
Anthony L. Robertson.
Samuel J. Tilden.

Eighth District.

John F.. Develin,!
William Hitchuian,t
Richard L. Larremore,
Claudius L. Monell.

Ainth District.

Robert Cochran,
Abraham B. Conger,!
William H. Morris,!
Abraham B. Tappen.

Tenth District.

Stephen W. Fullerton,*
William H. Houston,*
♦Clinton V. R. Ludingtou,
Gideon Wales.*

Eleventh District.
B. Piatt Carpenter,
John Stanton Gould,*
Francis Sylvester,*
Wilson B. Sheldon.

Twelfth District.

Cornelius L. Allen,*
*.Tonathan P. Armstrong,

John M. Francis,*
*Adolphus F. Hitchcock.

ThirteenVi District.
William Cassidy.t
Erastus Corning,!
AmasaJ. Parker,!
James Roy.t

Fntirteenth District.
Manly B. Mattice,t

Ezekiel P. More,t
Marius Schoonraaker,
Solomon G. Youug.

Fifteenth District.

Hezekiah Baker,*
Judson S. Landon,*
Alenibert Pond,*
Horace E. Smith.*

Sixteenth District.
Nathan G. Axtell,
George M. Beckwith,*
Andrew J. Cheritree,*
Matthew Hale.*

Seventeenth District.

William C. Brown,*
Edwin A. Merritt,*
Leslie W. Russell,*
Joel J. Seaver.*

Eighteenth District.

James A. Bell,*
Marcus Bickford,*
Edward A. Brown,*
Milton H. Merwin.*

nineteenth District.

Theodore W. D wight,
Benjamin N. Huntington,
Richard U. Sherman,
George Williams.*

Twentieth District.
Oliver 15. Reals,*
John Eddy,*
Elijah E. Ferry,*
Ezra Graves.*

Twenty-first District.

Lester M. Case,*
Loring Fowler,*
M. Lindlev Lee,
Elias Root.*

Tiventy-second District.

Thoma.sG. Alvord,*
Horatio Ballard,
Patrick Corbett,*
L. Harris Hiscock.l
Frank Hiscock. 2

Twenty-third District.

,Tohn Grant,*
Ilobiirt Krum,*

Samuel F. Miller,*
Elizur H. Prindle.*

2 wenty-fourth District.
Milo Goodrich,
Stephen D. Hand,*
Oliver H. P. Kinnev,*
Charles E. Parker.*

Tiuenty-Afth District.

Ornon Archer,*
Charles C. Dwight.*
Leander S. Ketcham,*
George Rathbun.

Twenty-sixth District.
Sterling G. Hadlev,*
Elbridge G. Lapham.*
*Melancthon H.Lawr.-nc^
Angus McDonald*

Twenty-seventh District.

Elijah P. Brooks,*
Abraham Lawrence.*
David Rumsey,
George T. Spencer.*

Twenty-eighth District.

Freeman Clarke,*
Lorenzo D. Ely,*
Jerome Fuller,*
William .\. Reynolds.*

Ticenty-ninth District.
Levi F. Bowen,*
Ben Field,*
Thomas T. Flagler,*
Seth Wakeman.*

Thirtieth Distri-t.

Isaac L. Endress,*
Edward J. Farnum.*
John M. Hammond.*
William H. Merrill*

Thirty-first District.

George W. Clinton.*
Israel T. Hatch,
Allen Potter,
Isaac .\. Verplanck.t

Thirty-second District,

Augustus F. .Allen.*
Norman M. Allen,*
George Barker,
George Van Campen.*

Members of the Convention voting in favor of the adoption of the Constitution are marked thus ■
opposed, thus ! ; all others were absent, or did not vote.

Those

1 Killed in Stanwix Hall, June i, 1867.

2 Elected June25,1867, to fill vacancy.

Votes by the People. 133

Tlie proposed Constitution was rejected by the people in 1869,
except the Judiciaiy article. The following was the vote :

Subjects. For. Against.

Constitution 223,935 290,456

Judiciary article 247,240 240,442

Tax article 183,812 272, 260

Property qualification for colored persons 282,403 249,802

The question of funding the canal debt was submitted to the peo-
ple in 1870, by an act passed April 25, with the following result :

Funding the canal debt — For 253,992 Against 329,237

The Legislature in 18T2 (ch. 700), passed an act to submit to the
people the question of creating a State debt to pay deficiencies, not
exceeding $6,600,000. The vote resulted as follows :

To create a State debt — For 86,082 Against 32,75S

The act in pursuance of which the above vote was had was declared unconstUutional by the Court of

Appeals, May 6, 1873.

The Legislature by an act passed May 17, 1872 (ch. 757), sub-
mitted to the people the question of authorizing the extension of
the terms of the Commissioners of Appeals, not exceeding two
years, which was agreed to, by the following vote :

For 176,038 Against 9,196

The new Judiciary article required the Legislature to submit to
the people, at the general election to be held in 1873, two questions,
as follows: 1. " Shall the office of Chief Judge and Associate Judge
of the Court of Appeals, and of Justices of the Supreme Court, be
hereafter filled by appointment?" 2. "Shall County Judges and
Surrogates, and Judges of the Court of Common Pleas of the city
of New York, of the Superior Court of the cities of New York
and Buffalo, and of the City Court of Brooklyn, be hereafter filled
by appointment ? " Both questions were decided in the negative :

First question — Yes 115,337 No 319,979 Secondquestion — Yes.. 110,725 No 319,660

The Legislature of 1879 (ch. 320), submitted to the people the
question of amending the Constitution so as to authorize an addi-
tional Justice of the Supreme Court in the second judicial district,
and the Constitution was thus amended, by the following vote :

For 95,331 Against 25,578

The Legislature of 1880 (ch. 491), submitted to the people the
question of amending the Constitution so as to authorize the detail-
ing of Judges of the City Court of Brooklyn to hold circuits and
special terms of the Supreme Court in Kings county ; and to provide
that Judges of the Court of Appeals and Justices of the Supreme
Court who may be retired under the constitutional limitation of age,
and who shall have served ten years or more, shall receive the full
amount of their salary during the remainder of the terms for which
they were elected. The amendments were adopted by the following :

For 221,903 Against ni.225

134 Votes by the People.

The Legislature of 1882 (ch. 229) submitted to the people the
question of amending the Constitution so as to abolish tolls imposed
on persons and property transported on the canals, and providing
by taxation for the expenses of their maintenance and repairs, and
for the payment of the interest and extinguishment of the principal
of the canal debt. The same Legislature, by an act passed June
10, 1882 (ch. 343), submitted to the people the question of amend-
ing the Constitution so as to provide for organizing the Supreme
Court, not more than five General Terms, and for the election of
two additional Justices thereof, in the First, Fifth, Seventh and
Eighth Judicial Districts, and one additional Justice in the Second,
Third, Fourth and SLxth Judicial Districts, the Justices so elected
to be invested with their ofiices on the first Mondav of June, 1884.
The amendments were adopted by the following vote :

For. Against.

Abolition of tolls 486,105 163,151

Additional Justices 248,784 75,644

The Legislature of 1884 (ch. 533) submitted to the people the
question of amending the Constitution so as to prohibit counties,
cities, towns and villages from giving or loaning their property or
credit except for county, city, town or village purposes. The
amendment not to prevent provision being made for the aid or
support of the poor. No county containing a city of 100,000 inhab-
itants, or any such city shall become indebted for any purpose to an
amount, which, including existing indebtedness, shall exceed ten
per centum of the assessed valuation of the real estate of such
county or city subject to taxation. The amendment was adopted
by the following vote :

For 499,661 Against 9,161

In conformity with the provisions of the Constitution (art. 13, §
2), the question "shall there be a convention to revise the Consti-
tution, and amend the same ? " was submitted to the electors of the
State, at the general election held in the year eighteen hundred and
eighty-six, and was decided in the affirmative. The vote was offi-
cially declared as follows :

For •574, 'J93 Against...; t30.766

• Including 218,376 liilomial votes. t Including 3,735 informal votes.

Votes by the People. 135

As directed by the Constitution, and the will of the people, the
Legislature of eighteen hundred and eighty-seven provided for the
election of delegates to a convention to revise the Constitution.
The bill failed to become a law, owing to the veto of the Governor.

136

Constitutional Commission.

CONSTITUTIONAL COMmSSION.
The Constitution, framed by the Convention of 1867, contained
several provisions, the essential principles of which were felt to be
desirable in the organic law. Among these, we may mention, the
clause forbidding the Legislature to audit claims, and the sections
relative to the Public Works and Prisons. Governor Hoffman,
therefore, in his annual message to the Legislature of 1S72, recom-
mended that a commission of thirty-two eminent citizens, to be made
up by selection of an equal number from each of the two great political
parties, be created, for the purpose of effecting a thorough revision
of the Constitution. The Legislature (Laws 1872, ch. 884) acted
upon the suggestion, by empowering " the Governor, by and with
the advice and consent of the Senate, to designate thirty-two persons,
four from each judicial district, who shall constitute a Commission
for the purpose of proposing to the Legislature, at its next session,
amendments to the Constitution ; provided that no amendments
shall be proposed to the sixth article thereof." Vacancies were to
be filled by the Governor and Secretary of State. Salary, ten dollars
a day, for not exceeding fifty days.

MEMBERS OF THE COMIVIISSION.

Chairman — Robert H. Pruyn. Clerk — HIrara Calkins. Assistant Clerk — Diedrich WillerB, Jr.
Sergeant-at- Arms — James Mclntyre. Doorkeepei — Stephen Deltz.

First District.

Third District.

Fifth District.

Seventh District.

George Opdyke,

Robert H. Pruyn,

Francis Kernan,

George B. Bradley,

Augustus Schell,

George C. Burdett,

Elias W. Leavenworth,

Horace V. Howland,

John J. Townsen'I,

William Cassidy.l

Ralph Mcintosh,

Van R. Richmond,

John D. A'an Burcn.

Joseph B. Hall,2

Daniel Pratt.

David Rumsey,3

Cornelius L. Tracy.

Lysander Farrar.4

Second District.

Sixth District.

John J. Armstrong,

Fourth District.

.John F. Hubbard, Jr.,

Eighth District.

Krastus Brooks,

James M. Dudley,

Barna R. Johnson,

Cyrus E. Davis.

Odle Close

Edward W. Foster,

Jonas M. Preston,

Ijorenzo Morris,

Benjamin D. Silliman.

Samuel W. Jackson,

Lucius Robinson.

Benjamin Pringle,

Artemas B. Waldo.

Sherman S. Rogers.

The Commissioners assembled in the Common Council Chamber
of the city of Albany December 4, 1872, and adjourned sine die
March 15, 1873. The results of their deliberations were submitted to
the Legislature of 1873, by which (after some modifications) the
proposed amendments were referred to the Legislature of 1874,
pursuant to the Constitution (art. xiii, § 1), which Legislature sub-
mitted to the people at the general election to be held in 1874 (Laws
1874, ch. 330) the amendments agreed to by it. The Fifth Article
as proposed by the Commission, provided for the appointment, by

1 Born in Albany. August 12, 1815; died January 23, 1S73. 2 Appointed in place of Cassldy, deceased.
3 Resigned January 9, 1873. 4 .Vppoiated in place of Uumsey. resigned.

The Matured System. 237

the Governor and Senate, of Secretary of State, Attorney-General,
State Engineer and Surveyor, Superintendent of Public Works and
Superintendent of Prisons ; and for the election of State Treasurer by
the Legislature, with other changes. This article was not approved
by the Legislature, and was not submitted to the 2:)eople. The disa-
greement in the Legislature upon this article resulted in the postpone-
ment of the important amendments relating to the Superintendent of
Public "Works and Superintendent of Prisons and providing for
tlieir appointment by the Governor, by and with the advice and con-
sent of the Senate. These amendments were submitted to the people
in 1876, and were adopted by them. The votes in 1874 and 1876
were as follows :

Tear. Subjects. For. Against.

1874 Suffrage and bribery 357,635 177,033

1S74 Legislation and its organization 325,904 206,02St

1874 Powers and forms of Legislature 435,313 98,050

1874 Governor and Lieutenant-Governor 336,197 196,125

1874 Finance and canals 428,190 104,139

1874 Corporations, local liabilities and appropriations 337,891 194,2.36

1874 State appropriations 3.36,237 19.5,017

1874 Compensation of certain officers .335,548 194,933

1874 Oath of officer 352,514 179,365

1874 Relating to official corruption 351,693 177.923

1874 Time to take effect 446,883 85,758

1876 Public Works 533,153 81,832

1876 Prisons 530,226 80,358

THE MATURED CONSTITUTIONAL SYSTEM.

We have now completed our sketch of the evolution of the New
York system of administration. The vital principle has been, from the
first, a government by the People, through their own chosen agencies,
regulated by law. One form of organism after another has con-
tributed to the more perfect working of this principle. Written
Constitutions define and limit the powers of the various departments,
and direct the general policy of the State. The powers of the Gov-
ernor have been settled with the view of rendering him an eflicient
agency in securing the public welfare, without investing him with
autocratic powers. The Legislative department has not the suprem-
acy once claimed for it, but it is theoretically so constituted as to
represent all the varied interests of the State. The general adminis-
trative oflicers are chosen by the People, and the heads of depart-
ments mainly appointed by the Governor and Senate. The Judici-
ary, as the interpreters of constitutional as well as statutory law,
derive their authority direct from the people. Thus the system of
government in this State is a popular system, as distinguished alike
from Parliamentary government and Executive government. The
development of this system will be traced, in each department.

138 Restrictions Upon Suffrage.

THE ELECTIVE FRANCHISE.

The Charter of Liberties, passed in 1691, provided that " every
freeholder witliin this province, and free man in any corporation,
shall have a free choice and vote in the electing of the Representa-
tive," and that " by freeholder is to be understood every one who
sliaU have forty shillings per annum in freehold." The veto of this
act in 1697 was followed by the passage of an act relative to the
election of Representatives, at the first session of the Seventh As-
sembly. Electors were required to be residents of the electoral
district for at least three months prior to the issue of the writ, and
to be possessed of a freehold worth £40. Catholics were not per-
mitted to vote, nor to be elected to office, and Quakers and MoraAn-
ans were virtually subject to the like disqualification at first, and
until they were allowed to affirm. The elections were held by the
Sheriff at one ])lace in each county, and voting was viva voce.
Minor local officers were the only ones chosen, except Representa-
tives in General Assemblv.

The framers of the First Constitution adopted a clause that
" whereas we are required by the benevolent principles of rational
liberty, not only to expel civil tyranny, but also to guard against
that spiritual oppression and intolerance wherewith the bigotry and
ambition of weak and wicked priests and princes have scoui-ged
mankind," therefore, " the free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall
forever hereafter be allowed within this State, to all mankind. Pro-
vided that the liberty of conscience hereby granted shall not be so
construed as to excuse acts of licentiousness or justify practices in-
consistent with the peace or safety of this State." The Governor,
Lieutenant-Governor and Senators were chosen by freeholders, being
actual residents, and possessed of freeholds of the value of £100,
over and above all debts charged thereon. Male inhabitants who
had resided within one of the counties of the State for six months
preceding the election, were entitled to vote for Members of Assem-
bly, provided they owned, within the county, a freehold of £20, or
paid a yearly rent of forty shillings, and were rated and actually
paid taxes. By an act passed April 9, 1811, these values were
changed to corresponding sums in the Federal currency, viz.: $2.50,
$50 and $5. This was an extension of the elective franchise, as
libei'al as conservative men could be expected to make, in a day of .
great and important experiments in government. No discrimiuationfl

Extension of the Elective Franchise. I39

were made against blacks and niiilattoes, except that they were re-
quired to produce authenticated certificates of freemen.^ In accord-
ance with the provisions of Article VII of the Constitution, persons
who were freemen of the city of Albany at the time of its adoption,
or who were freemen of the city of New York, October 14, 1775,
were entitled to vote for Assemblymen without the property quali-
tication.2 Elective officers were limited to the Governor, Lieutenant-
Governor, Senators and Assemblymen, and the town clerks, super-
visors, assessors, constables and collectors, and all other officers there-
tofore eligible. Loan officers, county treasurers, and clerks of boards
of supervisors, were to be appointed as directed by the Legislature.
All other civil and military officers were to be appointed by the
Council of Appointment, unless otherwise designated in the Con-
stitution.

The Constitution of 1821 (Article 2, § 1) extended the elective
franchise, conferring it on every male citizen of the age of twenty-
one years, who had resided in the State one year preceding any elec-
tion, and in the town or county where he offigred to vote six months,
provided he had paid taxes within the year, or was exempt from
taxation, or had performed military duty, or was a fireman ; and
also upon every such citizen who had been a resident of the State
three years, and town or county one year, and had perfoi-med high-
way labor within the year, or paid an equivalent therefor. Colored
persons were not allowed to vote unless they had been citizens of
the State three years, and were possessed of a freehold of the value
of $250 over and above all debts and incumbrances thereon, and
had paid a tax on that amount. Persons convicted of infamous
crimes were not allowed to vote imless pardoned.

The Constitution of 1846 (art. 2, § 1) still further extended the
right of suffrage by providing that every white male citizen of
twenty -one years of age, who shall have been a citizen for ten days,
who had resided in the State one year, the county four months and
in the district thhty days, and had made no bet or wager on the
result of the election, should be entitled to vote, provided he had
not been convicted of an infamous crime ; or, if convicted, had
been pardoned therefor, and restored to all the rights of a citizen.
The Constitution was amended in 1874 so as to disqualify any " per-
son who shall receive, expect or offer to receive, or pay, offer or
promise to pay, contribute, offer or promise to contribute to another,

1 See acte of April 9, 1811, March 29, 1813, and April 11, 1815. 2 See also the act of 1813.

140 Voting by Ballot.

to be paid or used, any money or other valuable thing as a com-
pensation or reward for the giving or withholding a vote at an elec-
tion, or who shall make any promise to influence the giving or with,
holding any such vote." The same amendment provided the right
to challenge, and prescribed an oath to be taken in such case. By
an amendment of the Constitution, adopted March 8, 1864, no
elector loses his right to vote by reason of absence in the military
service of the United States. An amendment to the Federal Con-
stitution * removed the restriction of color.

Previous to the adoption of the original State Constitution, voting
at elections was viva voce. The framers of that Constitution hesita-
ted to change the system, but inasmuch as many of the citizens of the
State had long been of opinion that voting by ballot would tend
more to preserve the liberty and equal freedom of the people, they
authorized an " experiment " to be made as soon as peace should be
declared, permitting the Legislature to then pass an act for that pur-
pose, and if the " experiment " failed, to return to the viva voce
system provided two-thirds of the members of both houses con-
curred therein." In pursuance of this provision, a law was passed
March 27, 1778, authorizing the use of the ballot in elections for
Governor and Lieutenant-Governor, but retaining the viva voce sys-
tem for members of the Legislature ; but this also was done away
with by an act passed February 13, 1787.

Under the law of 1787, elections were held in every borough,
town, district, precinct or ward, under the supervision of inspectors
chosen for that purpose. When the balloting system was first intro-
duced, the boxes containing the ballots were directed to be returned
by the sheriifs to the Secretary of State, in order that they might be
canvassed by a Joint Committee of the Legislature. This was done
away with by an act passed March 27, 1799, and local boards insti-
tuted, who were required to inspect and canvass the ballots, the re-
sult to be recorded bv the town clerk, who was to return it to the
county clerk for the same purpose, by whom it was to be trans-
mitted to the Secretary of State, to be by him also recorded. A
Board of State Canvassers was created, consisting of the Secretary
of State, Comptroller and Treasurer, Mdio were required to canvass
the votes on or before the Sth day of June, and publisli the result.
By the act of 1787, general elections were held on tlio last Tuesday
of April, and might be held for five days.

1 Art. XV; propoBCd Feb. 27, 1869 ; ratlflcatloi. announced March 30, 1870. 2 Constitution of 1777. Art. VI.

Boards of Cajstvassers — Registration of Voters. 141

The manner of holding elections was somewhat altered by the
provisions of an act passed April 17, 1822. A Board of County
Canvassers was instituted, consisting of one inspector of elections
from each town. The Attorney-General and Surveyor-General were
added to the Board of State Canvassers. The general election day
was changed to the first Monday in November ; each town and ward
formed one election district, and the polls were opened, by adjourn-
ment, from place to place, for three successive days. An act was
passed April 5, 1842, directing the elections to be held in one day,
on the Tuesday succeeding the first Monday in November, and pro-
viding for the divisions of towns and wards into a convenient
number of election districts. The law required the division to be
made by the common councils of cities, and the supervisors,
assessors and clerks of towns, in all cases where the population ex-
ceeded five hundred, and allowed them to do it, if the population
was less than that number, if in their judgment advisable. By the
act of 1842, the several supervisors of counties were constituted
boards of county canvassers.

The general law relative to the registration of voters is applicable
to incorporated villages containing over seven thousand inhabitants,
and to cities, except as hereafter stated. It provides that inspectors
of election shall meet as registrars on Tuesday five weeks before a
general election ; a second meeting is to be held on the Tuesday pre-
ceding election. The first meeting must be held from 9 a. m. to 9
p. M. ; the second, from 8 a. m. to 9 r. m. In cities having a popu-
lation of sixteen thousand inhabitants and upwards (except New
York and Brooklyn), the inspectors meet as registrars on Tuesday
three weeks before election, at 9 a. m. A second meeting is required
to be held on Friday before election. At the first meeting, registrars
may sit two days, in disft'icts containing over four hundred voters.
No name can be added at the second meeting, unless the elector
appears in person. Names of electors proven to be non-residents
must be erased. No person can vote whose name is not on the
registry ; but any elector may require his name to be entered by ap-
pearing before the board at its last meeting.^ The Supreme Court
may compel boards to meet and perform acts willfully omitted.

1 Laws 1872, ch. 570, as amended by the Laws of 1880, chs. 465, 508 and 576. See Election Code: Weed,
Parsons k Co. , publishers.

142 Elections in New York and Brooklyn.

In the city of New York it is the duty of the Board of Police to
establish a bureau of elections and to appoint a Chief of the Bureau
of Elections, who shall hold office for three years, and receive a
salary of $5,000. The Board of Police is required to divide each
assembly district into election districts of not more than two hun-
dred and fifty voters each, to designate the places for holding the
polls, and to appoint four inspectors of election for each district,
two inspectors to be selected from each political party. These in-
spectors act as registrars of elections, and hold sessions on Tuesday
of the fourth week, Wednesday of the third week, and Friday and
Saturday of the second week preceding the general election in each
year, the sessions to continue from 8 a. m. to 9 p. m. The regis-
trars are to receive the applications of electors who personally pre-
sent themselves, and such only, and before registering any such per-
son shall administer to them a prescribed oath. The street, number
and (when a tenement house), the number of room or of story must
in all cases be entered ; and the names of all persons residing in one
dwelling must follow each other. Certificates of removal are also
provided, in case of change from one dwelling or district to another
dwelling or district. Each inspector of election is to be provided
with a copy of the registry, and no vote is to be received which is
not found on at least three of such registers. The Chief of the
Bureau of Elections is required to keep a record of the deaths of
deceased persons, and to furnish a copy to each inspector. He is
also required to keep a record of persons convicted of crime.
The Board of Police likewise designate the places for holding the
polls and of registry. The inspectors act as canvassers ^

In Brooklyn, a Board of Elections is designated by the Mayor,
Comptroller and Auditor, to consist of three pei*sons, the Mayor
designating one and the Comptroller and Auditor two members of
the Board. Said Board is required to meet on or before the 15th of
September in each year, for the appointment of inspectors and reg.
istrars of elections, the member so named by the Mayor to appoint
one in each district, and the other two members to designate two.
Canvassers are required to be appointed in the same manner as in-
spectors, on or before the fifteenth day of October. The registrars are '
required to meet on the last Tuesday of September and the first
Tuesday of October, from Y to 10 a. m. and from 3 to 10 p. m., and
on the Monday occurring fifteen days prior to election, for the
purpose of registering sucli persons as may appear personally and

1 l.aws of I87.i, ch. I'lTO. An act jmssed In 1881 requires that the names added each day to the Registry
•hall be published in the City Record (ch. 706;. .

General Election Laws. I43

".sk to be reiristered. The Board of Elections fix the boundaries of
flection districts, and the places for holding the polls. No election
district shall contain more than four hundred voters.'

Unless otherwise provided, the duty of dividing the wards of
ities into election districts is devolved by general law upon the re-
spective common councils, which also designate the places for hold-
ing the polls. Towns are divided into election districts by the
supervisors, assessors and clerk of each town, respectively. When
said division is made, the same authorities designate the place for
folding the polls, unless other provision is made. Wards must be
divided and polling places designated on or before the first Monday
in September. -

General elections are held on the Tuesday succeeding the first
Monday in November of each year, and the ofiieers thus chosen
usually enter upon their terms on the first day of January next suc-
ceeding. By act, chapter 544, Laws of 1872, election day was made
a public holiday.

Unless otherwise provided, inspectors of election are chosen by
ballot, each elector voting for two. The two receiving the greatest
number of votes being elected, the third inspector is appointed from
the two receiving the next greatest number of votes to those elected.

The inspectors, chosen or appointed as above (except in Brooklyn),
act as canvassers. In New York the canvassers make triplicate
statements of the results, and seal them, one for the Clerk of the
Board of Supervisors, one for the County Clerk, and one for the
Chief of the Bureau of Elections. The Clerk of the Board of
Supervisors presents his envelope, which must remain sealed, to the
county canvassers, for their action. The County Clerk must retain
his sealed, until the Board of Supervisors or other competent au-
thority requires it to be opened. The statements of the canvassers
of elections in Brooklyn are also required to be made in triplicate,
one to be deposited with the Board of Elections, one with the
County Clerk, and one with the Police Department, by whom it
shall be at once opened, and its contents publicly announced on a
bulletin board. In the remainder of the State, the canvassers cer-
tify the result to the supervisor, or, in his absence, to one of the
assessors of the town or ward, when such an ofiicer exists. These
statements are filed with the County Clerk. The various Boards of
Supervisors in the State are required to meet as a Board of County
Canvassers, at the County Clerk's office, on the Tuesday following

1 Laws of 1872 ch. 575, as amended by Laws of 1873, ch. 365, and Laws of 1874, ch. 633.
3 Laws of 1847j ch. 240. ag amended by oh. 137, Laws of 1881.

144 Board of State Canvassers.

the election, before 1 p. m. In the county of Hamilton the Board
meets on the first Friday following the election. The County Clerk
is Secretary of the Board, and is required to send certified state-
ments of the canvass to the Governor, Secretary of State, and the
Comptroller, within five days after the adjournment of the Board.
Certified copies must also be furnished the successful candidates.
Lists of the Members of Assembly and county officers elect, with
their residences, must be furnished within twenty days after a gen-
eral, and ten days after a special election.

The Board of State Canvassers consists of the Secretary of State,
Comptroller, Attorney-General, State Engineer and Surveyor, and
Treasurer, any three of whom form a quorum. The Secretary of
State is required to convene the Board at his office, or that of the
Treasurer or Comptroller, on or before the fifteenth of December
after a general election, and within forty days after a special election.
If a majority of the Board are unable to attend, the Secretary of
State is directed to notify the Mayor and Recorder of Albany of the
fact, and require their attendance.

In order to carry into effect the amendment of the Constitution,
ratified by the people March 8, 1864, to allow electors absent in the
military service of the United States, in the army or navy thereof,
to vote, a law was passed April 27, 1865 (ch. 570), repealing the
law of 1864 (which allowed them to vote by sending their ballots
to a friend, with power of attorney attached to the envelope), and
providing for the holding of elections in camp, to be held by
inspectors duly authorized and qualified, the result to be returned
to the Secretary of State. This law has been repealed.

The Legislature, by an act passed March 11, 1880 (ch. 56), provided
that no person shall be eligible to the office of inspector of election
or clerk of the poll, or be qualified to act as such, unless he can read
and write the English language. The same act also provided that
every political organization, which shall present a candidate or can-
didates at any election, shall have the right to appoint watchers at
the poll, and conferred on them certain privileges to enable them to
vio^ilantly scrutinize the deposit and canvassing of votes. The same
Legislature also passed an act to secure uniformity of ballots (ch.
366), which required them to be printed on plain white paper.

Board of State Canvassers. 145

An act of the Legislature, passed May 2, 1887 (ch. 265), relating
to primaries, provides that every political primary election held by
any political party, organization or association, for the purpose of
choosing candidates for office or the election of delegates to conven-
tions, or for the purpose of electing officers of any political party,
organization or association, shall be presided over and conducted by
inspectors to be selected in the manner prescribed by the rules or
regulations of the associations holding the primary, and such pri-
mary elections shall be pnbHc to watchers, provided for in the act,
from its commencement to the close of the canvass. At such pri-
mary elections no person is entitled to vote unless of the age of
twenty-one years, a citizen of the United States, and a resident for
ten days of the ward or district in and for which the primary elec-
tion is held. The provisions of the act are applicable only to cities
of the State in which, as appears by the last census of the United
States, there was a population of over ten thousand inhabitants.
Illegal voting at such primary elections is a misdemeanor, and is
punishable by either fine or imprisonment, or both.
19

146 Arms and Seals.

ARMS AND SEALS.

Tlic Arms on the first public Seal of the province are thus de
scribed : Argent, a Beaver, proper ; Crest, a Coronet ; Legend,
" SiGiLLVM. Novi. Belgh." This Seal is shown on Plate A. It is
copied from an impression in the office of the Secretary of State. ^

In a paper by Adriaen Van der Donck,^ written when he was
acting as an agent of the inhabitants of New Netherland to the
States General, it is stated that New Netherland was called a prov-
ince because it was invested by their High Mightinesses with the Arms
of an Earl.

The Eoyal Arms of the House of Stuart constituted the second
Seal of the Province under the Duke of York, which he was di-
rected to use by a Royal warrant dated February 9, 1662. Burke'
thus describes the Anns : Quarterly, first and fourth, France and
England quarterly ; second, or, a lion rampant, within a double
tressure, flory counter flory gu. Scotland; third az. a harp, or,
stringed, ar. Ireland. Motto, " Honi. soit. qui. mal. y pense." Le-
gend, SiGiLL. Proving. Novi. Eborac. Crest, a coronet composed
of crosses and fleurs de lis. There are several impressions of this
Seal in the first volume of Land Papers, in the oftice of the Secre-
tary of State. They are incumbent; but those to the Patent of
Rensselaerwyck (1685) and to the charter of the city of Albany
(1686) are pendant. The latter is shown on Plate B.

The device on the third Seal was that of James II, the warrant
for which bears date August 14th, 1687. It is described therein as
having " on the one side 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 of the said Seal ; there being also engraven on the other
side our Royal arms with the Garter, Crowm, Supporters and Motto,
with this inscription round y^ circumference Sigillvm Provinci^e
Nostra Novi Eboraci, etc., in America." There is no impression
of this Seal extant.

The fourth Seal was that of New England, ordered for Governor
General Andros in September, 1686. By command of James II, it
was in force also in the Province of New York and East and West

1 Land Papers, I.

2 "Further Obsorvntlons on the Petition of the Commonnltr of New Netherland." (Hoi. Doc, IV, 39.)

3 Encyclopn'cJIa of Ueralilry. Royal Armory.

PLATE F

Akms and Seals. 1-17

Jerse}^ from August, 1G88, though its use was continued no longer
than April, 1689, in consequence of the Revolution of 1688. On
one side of the Seal was the King s Arms, with the inscription,
SiGiLLVM Nov^ Anglic in America; on the reverse was the eftigy
of the King standing, his right hand extended to an Englishman and
an Indian, both of whom are kneeling ; above their heads is a cherub
with a scroll and motto from Claudian, Nunquam libertas gratior
ifiXTAT. The legend on the circumference had His Majesty's titles.
A copy of this Seal presented to the Library of the New York His-
torical Society is said to be unique. A fac simile is shown on
Plate C.

The warrant for the fifth Seal bears date May 31, 1690. The
fourth Seal served as a model, in most particulars, for this and all
subsequent Seals in use in the Province, down to the Revolution ;
with the exception that the Englishman kneeling M'as changed to an
Indian woman in a similar attitude, and both Indians are offering
presents before the effigies of the King and Queen. On the other
side of the Seal are the Royal Arms with the Garter, Crown, Sup-
porters and Motto, and this inscription : Sigillvm. Proving. Nostr.
•Nov. Ebor,, etc., in America. They are the same as those on the
Stuart Seal, with the addition of an escutcheon of pretense, con-
taining a Lion rampant, for the Arms of Nassau, of wliich house
King William was a member. A copy of this Seal, taken from the
commission of Johannes Abeel, Mayor of Albany, 1694, in the Al-
bany Institute, and the Seal attached to the original charter of
Trinity Church, New York, 1697, is shown on Plate D .

The sixth Seal of the Province was that of Queen Anne. On the
one side are the Queen's effigy, the Indians offering their tokens of
submission as before, and the Royal titles. On the reverse are the
Stuart Arms, the escutcheon of Nassau having been j-emoved, with
the same emblems and inscriptions, and the Motto, Semper Eadem.

The seventh Seal was rendered necessary by the union between
England and Scotland, in 1706. The colonial side of the Seal re-
mained the same. On the reverse, the Royal Arms were changed in
consequence of the union. On the first and fourth quarters, Eng-
land empales Scotland ; on the second are the lilies of France ; on
the third the Harp, for Ireland. The inscription and motto are
the same as befoi'e.

148 Arms and Seals.

The eigbtli Seal was ordered October 8th, 1717, and received July
1st, 1718. The Indian figures were changed somewhat, and were of
inferior merit ; otherwise the colonial side of the Seal remained the
same. This being the Seal of George I, the escutcheon on the re-
veree was changed, representing England, Scotland, France, Ireland,
Brunswick, Lunenburgh, Saxony and Charlemagne. The inscrip-
tion remained the same, but the Motto was changed to Dieu et mon
Dkoit.

The Seal of George II was a great improvement on the last, as a
work of art. The kneeling squaw is introduced, nude, and the in-
scriptions of the two sides of the Seal were properly changed, the
words " SiGiLLVM Provinci^ Nostr.e Novi Eboraci. in. America,"
being placed on the colonial Seal, and the Royal titles on the same
Seal with the Royal Arms.

The Seal of George III was substantially the same, but was still
further improved. A copy of the Seal is shown on Plate E.

Since the Revolution and the organization of New York as a
State, the appointment by the Legislature of various commissions au-
thorized to prepare devices for the Great Seal of the State has re-
sulted in five marked modifications or variations from the Arms
as adopted in 1778. The first was the Great Seal of 1777, impressed
upon wax, which was devised by a committee^ appointed by the
Convention, April 15, 1777, consisting of Messrs. Morris, Jay and
Hobart, and was to be used for all the purposes for which the Crown
Seal was used under the Colony. It is thus described: "A rising
sun ; motto, Excelsior ; legend. The Great Seal of the State of
New York. On the reverse a rock in the ocean ; legend Frustra."
This Seal is shown on Plate F.

The second form was the Arms and Seal complete ; embracing the
Seal of 1777, and crest of the eagle on a demi-globe of the Privy
Seal, with the supporters Justice and Libert}', which as combined
by the new committee in 1778. consisting of Gov. George Clinton
and Chancellor Livingston, gives practically what is reproduced in the
fifth form of the Arms and Seals as established by the Law of 1882.

The third Seal was devised pursuant to the provisions of an act
passed Jainiary 26, 1798, authorizing the Comptroller, Attorney-
General and Surveyor-General to repair the old Seal, or cause a new
one to be made. The commission decided to make a new one, and

1 Journal of Provincial Congress, Vol. 1, p. 882.

Arms and Seals. I49

recorded a description of it Jannary 22, 1799, as follows : " The
Arms of the State complete, with supporters, crest and motto ;
around the same. The Great Seal of the State of New York,
On the reverse a rock and waves beating against it ; motto Frustra
above; 1798 below." This Seal is shown on Plate G.

The Legislature, in 1809 (March 27), passed an act authorizing
the Governor to prepare a new Seal. This, the fourth Great Seal,
was first used November 28, of the same year. It is thus described :
" Argent ; a rising sun proper; crest in a wreath ; a denii-globe, and
an eagle passant, regardant, all proper ; supporters, the figure of Jus-
tice on the dexter, and Liberty on the sinister side ; motto, Excel-
sior ; legend. The Great Seal of the State of New York."
The design of this Seal is shown on Plate L, No. 3. The same act
authorized the Secretary of State to prepare a Seal to be used for
the purpose of authenticating copies of official records.

The act of 1778 approved a design for a Privy Seal which had
been devised by the Commission of 1777, and directed that it be
used for military commissions, and purposes for which the Seal at
Arms of the Governor or Commander-in-Chief was used during the
Colonial period. The device of this Seal is the crest of the State
Arms, and the motto, Excelsior. Three or four different dies have
been used, one of which is shown on Plate L, No. 1. By an act
passed in 1S27, the Seal of the Adjutant-General was directed to be
used on military commissions. This first Seal is shown on Plate L,
No. 4, and the Military Seal on Plate L, No. 5. The Privy Seal of
the Governor is shown on Plate L, No. 2.

The act of 1778 approved distinct designs for the Arms of the
State, the Great Seal and the Privy Seal. The commission of 1777
adopted for the Great Seal, the shield of the Arms of the State.
The commission of 1798 adopted the complete Arms of the State,
with the necessary legend as the Seal ; it had no authority to change
the Arms ; the supporters, however, were reversed, the scales and the
bandage from the eyes of Justice omitted, and the drapery^ changed.
While artistic license with drapery is allowable in heraldry, there is
nevertheless historic significance in the Dutch costume, in connection
with Liberty and Justice, which we may appreciate, even as against
the classic grace of the Grecian.

The Legislature of 1801 (March 20) passed an act providing that

1 In the original Anns the fiRUres are drapeil In short sown and petticoat, according to the Dutch cos-
tume, see initial T shown on Plate I. On the figures of the second Seal the drapery Is classic, see Seal
shown on Plate G.

150 Arms and Seals.

the Arms of tlie State, tlie Great Seal and the Privy Seal should
remain as described in the records in the office of the Secretary of
State, thus maintaining the distinction between the three. The
Great Seal authorized by the act of 1809 did not affect the Arms of
the State. The Legislature in 1813 (February 25) again enacted that
the Arms and Seals should remain as described in the records.
From the earliest period, the Colonial and State Arms were pub-
lished on the title pages of the Laws. In the third Great Seal the
figures appear seated. See Plate L. In the vignette of the State
Arms, as published in tlie Session Laws from year to year, Justice
first appears seated in 1815 and Liberty in 1819. These changes
were without authority of law.

The fifth and last form given to the Arms, on the Seals of the
State, was in 1882. In the year 1875 the attention of the Legisla-
ture was directed to the question of what constituted the correct
Arms of the State on account of the desirableness of sending a
copy of the same to the Centennial Exhibition held at Philadelphia
in 1876, to be exhibited with those of the original thirteen States.
A painting was prepared and sent, but soon afterward two drawings
of the Arms were discovered which were of eight years earlier date
than either of those used as guides for the Philadelphia painting.
Investigation also disclosed the fact that during the thirty years pre-
ceding, the office of the Secretary of State had not contained a
written description of the Arms, and that the three early specimens
did not in all respects agree with each other, A resolution was
adopted by the Senate, May 21, 1880, appointing a commission
composed of Governor Cornell, Secretary of State Carr and Comp-
troller Wadsworth to ascertain, by examination and comparison of
the earliest specimens in existence, what in their judgment was an
exact description of the original Arms of the State and to report
the same to the Legislature, tos-ether with the measures bv them
deemed necessary to perpetuate the use of the Arms without altera-
tion on the Seals in the public offices of the State. The specimens
used by the Commissioners as the basis of their investigations were
first, the Arms as shown in the initial letter T of a military commis-
sion of June, 1778, a copy of which is shown on Plate I. Second,
the flag borne by the Third New York Regiment when commanded
by Col. Peter Gansevoort, Jr., during the Revolutionary War, this
device is shown on Plate H ; and third, the painting suspended in
1785 over the pew of Gov. George Clinton in St. Paul's chapel,

Arms and Seals. 151

New York city, a fac simile of which is shown on Phite J. Tlie
Great Seal and the Privy Seal of 1777, which were the foundation
of these three, also furnished the commissioners with important in-
formation. In their report made to the Legislature of 18S1, they
say 5 " We have pursued the investigation of the topics assigned to
us with growing convictions of the importance and suitableness of
perpetuating with correctness and without variation that device by
which the State in her authority and honor is to be recognized, by
her own people, by the people of the United States, and by the
world. Every reasonable effort should be made that the citizens of
the State who are proud of her position and history should also de-
light in her insignia.

" The device of Arms of this State is so perfect^ in its conception
that our aim is mainly how we can best restore the original. We
ought not to favor attempts to alter it for the better. It is charac-
teristic of the geographical and commercial relations of the State,
and symbolizes ideas which are in accordance with the loftiest patri-
otism. By the extensive exhibition of this beautiful emblem, not
onlv upon our seals and military standards, but on our public build-
ings and on banners at our festivals, we display a most inspiring
representation of the authority of the five millions of people of the
State, operating through the law at the hands of its administrators."

In 1882, the Arms as approved by the commission were adopted
by the Legislature (chap. 190) in an act entitled " An act to re-estab-
lish the original Arms of the State of New York and to provide for
the use thereof on the public Seals." By this law the Arms are
declared to be correctly described as follows, viz.:

Charge. Azure, in a landscape, the sun in fess, rising in splendor,
or, behind a range of three mountains, the middle one the highest,
in base, a ship and sloop under sail, passing and about to meet on
a river, bordered below by a grassy shore fringed with shrubs, all
proper.

Crest. On a wreath, azure and or, an American eagle, proper,
rising to the dexter, from a two-thirds of a globe terrestrial showing
tlie North Atlantic ocean with outlines of its shores.

Supporters. On a quasi compartment formed by the extension of
the scroll.

IMore full information relative to the historv of the establishment and the sisniflcance of the State
Arms mav be found in the Report of the Commissioners on the Correct Arms of the State, in the Senate
documents of ISSl, and in the first and second papers on the same subject, by Dr. Henry A. Homes, btate
Librarian, published in the transactions of the Albany Institute, Vol. 10. A copy of the engraved military
commission of 1778, and copies on canvas, in oil colors by Miss Wrightson, of the Colonel Uanso voort nag
painting of I77S, the original of which is in the possession of Mrs. A. Lansing, and of the chapel painting
of 1785, ond specimens also of the wax Great Seal of 1777 may be seen at the State Library.

152 Akm8 and Seals.

Dexter. The figure of Liberty proper, her hair disheveled and
decorated with pearls, vested azure, saudaled gules, about the waist a
cincture or, fringed gules, a mantle of the last depending from the
shoulders behind to the feet, in the dexter hand a staff ensigned with
a Phrygian cap or, the sinster arm embowed, the hand supporting the
shield at the dexter chief point, a royal crown by her sinister foot
dejected.

Sinister. The figure of Justice proper, her hair disheveled and
decorated with pearls, vested or, sandaled, cinctured and mantled as
Liberty, bound about the eyes with a fillet proper, in the dexter hand
a straight sword hilted or, erect, resting on the sinister chief point of
the shield the sinister arm embowed, holding before her her scales
proper.

Morro. On a scroll below the shield argent, in sable. Excelsior.

The device of the re-established Arms is shown on Plate K.

The act re-establishing the Arms required that the Secretary of
State should cause to be engraved upon metal two and one-half
inches in diameter, the device of Arms of the State accurately con-
formed to the description of the same given above, and the Arms so
engraved surrounded with the legend : The Great Seal of the State
of New York ; and it alone be used as the Great Seal of the State.
He was also directed to cause to be engraved on metal, the Privy
Seal for the ofiice of the Governor, and Seals for the Court of Ap-
peals, the Secretary of State, the Comptroller, the Treasurer, the
State Engineer and Surveyor and the Adjutant-General, which were
to be two inches and a quarter in diameter and to contain the same
device of Arms ; and each of said Seals was to have an inscription
on its face surrounding the Arms containing severally the name and
title of the office.

The Seals of all State officers, other than those named, which are
authorized by statute to use a Seal, were required to conform to the
device described. The diameter of each to be one inch and three-
quarters, and to be surrounded witii the appropriate name of the
otfice.

The law also further directed that from and after the first
day of January, eighteen hundred and eighty-three, the new
Seals only should be used for all the requisite purposes of those
offices. The old Seals of the several offices were required to be
delivered to the Secretary of State, to be by him defaced with a

• Arms and Seals. 1 53

suitable mark and deposited with the ancient Seals in the State
Library.

The device of Arms of the State corresponding to the blazon
given was directed to be painted in colors upon wood or canvas, and
hung upon the walls of the Executive Chamber, the Court of Ap-
peals, the office of the Secretary of State and of the Senate and
Assembly Chambers

The law prohibited pictorial devices other than the Arms of
the State from being used in the public offices at the capital for
letter headings and envelopes used for official business, and required
that when persons printing and circulating public documents under
the authority of the State, use a vignette, they shall place upon the
title pages of the documents the standard device of the State
Arms without alterations or additions. During the hours when the
Legislature is in session, the State flag bearing the Arms of the State
is required to be displayed from the Capitol together with the flag
of the United States.

FINAA^CES.

At the close of the revolutionary war, New York found itself
possessed of an immense extent of unimproved lands lying within
its boundaries, which had been the " crown lands," owned by the
mother countr3\ There were also quit-rents, which had been re-
served on extensive patents granted by the sovereign, which reverted
to the State. ChieHy fi*om this source and from the proceeds of
the sale of the lands a general fund was made up, the annual revenues
of which were intended to defray the expenses of the government
and relieve the people from taxation. At that period it was actually
a fund, the proceeds of which discharged the State expenses.

From the lands described, the State appropriated hberal bounties
to its soldiers, and with the jDroceeds of one-half million acres con-
stituted a school fund, which was, however, for a time diverted from
that use and loaned to individuals and corporations. By failures
resulting from these loans, $161,000 was thrown upon the general
fund, in accoi'dance with an act passed in 1819 for that purpose.
The school fund was in the same year increased by the quit-rents trans-
ferred to it from the general fund, and in 1821 the new Constitution
transferred all the lands, amounting to 991,659 acres, from the gen-
eral to the school fund. In the year 1827 a further transfer of
$133,616 in stock was made, and in the following year the premium
on a sale of State stock, amounting to $46,551.75, was added to the
capital of the school fund, notwithstanding which appropriations a
deficit of $81,853, in the amount required to make dividends was,
up to 1830, supplied from the general fund.

The history of the school fund for the first forty years of its exis-
tence was, in brief, this: Its capital, after deducting losses from
bad investments, was $2,031,059, and it had distributed to school
districts in dividends extending over a period of thirty years the
sum of $2,780,560.

Finances. I55

In the years 1T86, 1792 and 1808 the State had contracted debts
chargeable upon the general fund. In 1814, notwithstanding tlie
operation of the school fund, the capital of the general fund
amounted to $4,396,91:3, and the State debt to the sum of $1,503,081,
leaving $2,893,259 as surplus, out of which the State paid the direct
tax levied by the general government for Avar purposes. On the
restoration of peace it imposed a tax to replenish the general fund,
which tax ceased in 1826.

In entering upon its system of internal improvements, in 1817, a
clear and well-dehned policy Avas adopted. When the construction
of the Erie canal was begun it was determined to constitute a fund
which should, without possibility of failure, meet the interest on the
loans which were required to construct it. To this end certain rev-
enues were taken from the general fund and constituted a canal fund,
mider the charge of commissioners, whose duty it was to limit the
loans to an amount the annual interest on which should fall within
the sum of these revenues. Under their management the loan was
disposed of at a premium of $663,023, realized on a total of $7,737,-
777, borrowed up to the date of the completion of the work, in
1826.

The Constitution of 1821 set apart the tolls on the canal, together
with tlie salt and the auction duties, as a sinking fund for the ex-
tinguishment of the canal debt. So well had the policy been observed
of placing beyond contingency the payment of the canal debt, that
all of it which fell due in 1836 was paid, and a fund of $3,931,132
accumulated to meet the remainder, amounting to $3,762,250, due in
18-15, for which the commissioners offered premiums of nine, eigh-
teen and even twenty-four per cent, witJiout inducing the holders to
surrender it. In 1830, the money to discharge the debt having been
realized from the sinking fund, an amendment to the Constitution
restored to the general fund the salt and the auction duties which
had been diverted from it, and also appropriated to it two hundred
thousand dollars annually from the canal revenues. The total yield
of these duties to the canal fund from 1817 to 1836 had been $5,647,-
497, being $2,055,458 from salt and $3,592,039 from auction duties,
which, with an amount of $73,500 derived from steamboat tax, had
been expended upon the canal and had reduced by that amount
the debt wliich would otherwise have been contracted in its con-
struction. These duties, aided by the canal revenues, finally dis-
charged the debt.

156 Finances.

In 1825 tlie constniction of lateral canals was undertaken without
specifically providing by taxation for the interest, reliance being
placed solely upon the prospective revenues of the works to discharge
the indebtedness incurred in their construction. In that year a bill
was passed to borrow money for the construction of the Ca}Tiga and
Seneca canal, which loan was to constitute part of the canal debt to
be paid out of the canal fund.

Laws for the construction of other lateral canals followed, which
works, provnig to be profitless undertakings, threw an additional
debt of nearly ten millions of dollars on the canal fund without any
provision being made to increase the means to meet it. The enlarge-
ment of the Erie canal was advocated at about the same time,
and $721,441 from the surplus revenues of the canal fund was ex-
pended for that purpose prior to 1838, in which year a law was
passed authorizing a loan of four millions of dollars to carry out
the work more speedily. The existing debt of the canal fund at
that date was given at $10,801,839 and its increase to twenty -one
millions of dollars was contemplated in adopting a policy of extensive
construction, based upon prospective revenues to be derived from
completed works. Under this policy the actual funded debt in 1841
amounted to $17,561,567, while the amount required to finish works
in progress was $24,590,026, and at the same time works had been
surveyed to complete which would require $26,648,111, making the
debt, actual and prospective, at that date $68,799,704.

In accordance with the policy of loaning the State credit entered
upon in 1827, stock to the amount of $5,228,700 was loaned
to ten companies, chiefly railroads. Four of these subsequently
failed, and the general fund became Inirdened with their indebt-
edness, amounting to $3,665,700, of which sum three millions of
dollars became charijeable on the failure of the Erie railroad in
1842. This fund, already exhausted by the payment of one mil-
lion five hundred thousand dollars of old debt prior to 1825, and the
transfer of its revenues to the school and canal funds, had also
contracted debts which amounted, in 1842, to the sum of $1,948,-
000 ; so that when, in 1840, it was called upon to restore an
amount borrowed from the bank safety fund it was foimd neces-
sary to have recourse to a loan, and three hundred and forty-eight
thousand dollars in five per cent stock M'as issued. The current rev-
enues had been barely adequate to meet the anmial expenses of the
government, and the interest on the stock issued to the defaulting
railroads.

Finances.

157

In tliis condition of affairs the solvency of tlie State was put in <>:rcat
jeopardy, and but one course was, by general consent, to be adopted.
This was to stop all expenditures upon the public works, to issue
stock in oi'der to pay outstanding indebtedness to contractors and
preserve the credit of the State, and to impose a tax to make good
the deficiency for the support of the government and for interest on
the state debt. This course was adopted by an act passed in 1842.
At tlie date of its passage the canal debt amounted to $18,056,000,
and to pay arrearages to contractors, an additional sum of $3,175,000,
was borrowed in a seven per cent bond. The act established a sink-
ing fund, M^hich was to extinguish tlie whole debt in about twenty-
two years, requiring at that time to meet, in principal and interest, a
sum of more than forty millions of dollars or nearly two millions of
dollars per annum over and above the State expenses.

The stocks which had been issued by the State up to the year
1845 may be summed up as follows :

PURPOSB OF ISSUE.

Erie atid Champlain Canal

Other canal issues iprotitless) .

Preserving the Stale creilit

General fund

Bankrupt companies

Solvent companies

Total

ISSUED.

$7,737,771

14,472,257

5,422,136

w«, 5(;o

3,665,70(1
1,563,000

$33,770,364

REDEEMED.

$7,737,771

2,949,531

346,006

.500,000

$11,533,308

OUTSTANDING.

$11,522,726

5,076,130

909,500

3,665,700

l,063,<i00

$22,237,056

Such was the condition of the State debt in 1845. A constitu-
tional convention was held at Albany, and a new Constitution adopted
October 9, 1846. The first section of the seventh article of the
Constitution which Avas then formed established the canal debt sinking
fund to be constituted of the sum of one million three hundred thousand
dollars taken annually from the i-evenuesof the canal until 1855, and
one million seven hundred thousand dollars annually after that period
to pay the interest and redeem the principal of that part of the
State debt called the canal debt, until the same should be wholly
paid. The second provision of this article authorized what was called
the general-fund-debt sinking fund, consisting of the sum of $350,000,
to be annually appropriated and set apart from the revenues of the
canals, to pay the interest and redeem the principal of that part of
the State debt called the general fund debt, including the debt for
loans of the State credit to railroad companies which had failed to
pay the interest thereon, and also the contingent debt on State stocks

158 Finances.

loaned to incorporated companies which liad hitherto paid the inter-
est tliei-eon, whenever and so far as any part tliereof might become a
charge on tlie treasury or the general fund, until tlie same should be
wholly paid. In case, however, the amount taken lirst to be added to
the canal debt sinking fund should absorb too large a part of the canal
revenues to enable this payment to be made, then the sum so de-
ferred should be paid, with quarterly interest, to the general-fund-
debt sinking fund as soon as it could be done consistently Avith the
just rights of the creditors holding the canal debt. It was also
provided that wdien the canal indebtedness should have been liqui-
dated, the amount to be paid annually into the sinking fund should
be increased to one million live hundred thousand dollars. It Avas
further provided that the sum of two hundred thousand dollars
should be paid out of the surplus canal revenues into the gen-
eral fund for the purpose of defraying the current expenses of
the State government, and that whatever amount might remain
over should be applied by the Legislature to the completion of the
Erie canal enlargement and the completion of the Black River
and Genesee Valley canals.

After 1854 the sum of three hundred and fifty thousand dollars
was authorized to be thus paid into the general fund. These provisions
amounted practically at the time to an entire suspension of the public
works for an indefinite period. An attempt was made in 18.51 to cor-
rect this difficulty, and after a remarkable contest in the Legislature,
a bill was passed appropriating nine millions of dollars for the comple-
tion of the canals, under provisions which were subsequently declared
by the Court of Appeals to be unconstitutional. The result M'as a
controversy, to reconcile which the Constitution was so amended in
1854 as to authorize the creation of a new debt for the enlargement
and completion of the canals, and of a sinking fund, to be constituted
of a sum to be set apart annually, " sufficient to pay the interest as
it falls due and extinguish the principal in eighteen years." It was
further provided that " the rates of toll on ])ersons and property
transported on the canals should not be reduced below those of the
year 1852, except by the canal board, with the concurrence of the
Legislature." In 1882 the Constitution was so amended as to abolish
tolls imposed on persons and property transported on the canals, and
the expenses of their maintenance and repairs was provided for by
taxation. In case the sinking funds, or either of them, proved
insufficient to enable the State to meet its obligations to its creditors

Finances. 159

the Legislature was required to levy equitable ta\-es, that it might so
"increase the revenues of these funds as to make them, respectively
sufficient to preserve the public faith." The Constitution also guards
explicitly against the creation ot further indebtedness, except in the
matter of loans of less than one million of dollars to meet casual
deficits or failures in revenues, or for expenses not provided for, or
debts which may be contracted to repel invasion, suppress insurrec-
tion or defend the State in war. AH propositions to create such in-
debtedness must be authorized by a law having a specific object,
which law must impose and provide for the collection of a direct
annual tax sufficient to pay the interest and liquidate the principal
within the period of eighteen years. The bill must afterward be
submitted to the people at a general election, or an election
at which proposed amendments to the Constitution shall have
been submitted and receive a majority of votes in its favor.
Under this provision of the Constitution the law creating the
bounty State debt (chap. 325, LaAvs of 1865) was enacted. It au-
thorized the creation of a debt not exceeding thirty millions of dol-
lars, and levied a direct annual tax to ]iay the interest on the debt
as it should fall due, and sufficient to pay the whole principal of the
debt within the period of twelve years.

The debt of New York probably reached its maximum in 1865-
^QQ. at which time the canal debt was about nineteen milhon five
hundred thousand dollars the general fund debt six millions of
dollars and the bounty debt $27,644,000, making a total of $53,-
144,000. Since then it has gradually decreased. In 1870, the
debt was $32,409,144. In 1880 the bonded debt of the State
was $8,988,360. The financial history of New York affords a
striking example of the beneficent effect of the aid of the Con-
stitutional legislation in the liquidation of the State debt. The gen-
eral fund State debt and the bounty debt are to-day all paid, and a
large balance in the canal sinking fund leaves the amount of that debt
unprovided for on September 30, 1887, the sum of $2,583,121.16,
which with $122,694.87 of general fund for payment of Indian an-
nuities and eight hundred thousand dollars of Niagara Keservation
bonds, makes the total State indebtedness unprovided for at the
above date $3,505,816.03.

The treasury accounts of New York are at present divided into
five principal heads. First the general fund, which represents the
regular and direct finances of the government ; second, the common

160 Finances.

scliool fund; third, tlie literature fund; fourth, tlie canal fund;
fiftli, the United States deposit fund, tlie latter being the amount of
three installments received in 1837 from tlie Federal Government
nnder the act for distributing the surplus revenue fund. Efforts had
l)een periodically made subsequent to 1830 to induce the government
to distribute the land revenue or surplus revenue, or to assume the
stocks of indebted States and to distribute an equal portion of credit
to non indebted States. In 1837 a distribution of the surplus rev-
enues of the United States among the several States, provided for by
an act passed in 1836, actually took place. The fund originally pro-
posed to be distributed among tlie States was thirty-six millions of
dollars, and $28,101,644.91 was in fact distributed, in three quarterly
installments, the first amount transferred being under date of Feb-
ruary, 1837, the second amount in April, and the third in July of
the same year ; the fourth and last installment, however, was not
paid. Of the moneys so distributed, the State of Kew York re-
ceived the sum of $4,014,520.71. A series of disasters, culminating
in the panic of 1837, so disordered the finances of the general gov-
ernment before the distribution had been completed that it became
necessary to have recourse to a new act of Congress, which was
passed on the second of October, to direct the postponement of the
transfer of the remaining fourth until the 1st of January, 1839. A
subsequent act was passed, postponing the payment indefinitely.
This last law further provided that the amount deposited should
remain with the several States until otherwise directed by Con-
gress. Here the matter has rested for the past fifty years.

Besides those above enmnerated there are several other funds of
minor importance of which the State is a trustee, and many of the
complications in its finances arise on account of transferring securities
from one fund to another during important exigencies in the affairs
of the treasury. The Constitution provides that the capital of the
common school fund, the capital of the literature fund, and the cap-
ital of tlie United States deposit fund, shall be respectively preserved
inviolate. The revenue of the common school fund is required to
be applied to the support of common schools ; the revenue of the
hterature fund to the support of academies, and the sum of twenty-
five thousand dollars of the revenues of the United States deposit
fund is each year appropriated to juid made part of the ciipital of the
common school fund.

Under tlie present Constitution, the State Treasurer receives the

^ Finances. 161

public funds, and pays drafts upon the warrants of the Comptroller
and Superintendent of Public Instruction. Section eight of article
seven of the Constitution provides that no money shall ever be paid
out of the treasury of the State, or any of the funds under its manage-
ment, except in pursuance of an appropriation by law ; unless such pay-
ment be made within two years next after the passage of such appro-
priation act; and every law making a new appropriation, or continuing
or reviving an appropriation is required to distinctly specify the
sum appropriated, and the object to which it is to be applied, and it
is not sufficient that such law refer to any other law to fix such sum.
A further provision of the Constitution is that the credit of the State
shall not, in any maimer, be given or loaned to, or in aid of any in-
dividual, association, corporation or private undertaking. This restric-
tion does not, however, prevent the Legislature from making such
provision for the education and support of the blind, the deaf and
dumb, and juvenile dehnquents, as to it may seem proper, nor does it
apply to any fund or property now held, or which may hereafter be
held by the State for educational purposes.

THE EXECUTIYK

The Governor was, in the beginning, not only the Chief Execu-
tive, but tlie Chief Judge. The history of the Colony is a history
of constant aggi-essions upon his powers and prerogatives. We
have traced the history of these aggressions, and the ]:»rocess by
which tlie present conception of the jurisdiction of the Executive
Department has been reached. It remains only to record the changes
which have occurred more in detail, and to trace the development of
the various administrative bureaus.

The Director-General appointed by the Dutch West India Com-
pany had associated with him a Council, but it exercised no control,
and rendered no independent decisions. Sucli executive officers as
he needed to see that his will was obeyed were appointed, and some
inferior courts were established. The Director and Council pos-
sessed supreme judicial powers.

The title of the Chief Executive, under the English government,
was, Captain-General and Governor-in-Chief in and over the Prov-
ince of New York and Territories depending thereon in America.
He was also Yice-Admiral of New York and Connecticut, and
keeper of the Great Seal of the Province. His commission was
under the Sign Manual and Great Seal of the Eealm, and he held
his office during pleasure. AVith his commission, he received also
instructions explanatory of the patent, and these together embodied
the powers with which he was invested for the administration of the
government. He was thereby authorized to suspend members of
the Council, for cause, or in case of vacancy, and to nominate others
in their stead, provided the number did not exceed seven ; to sum-
mons, prorogue and dissolve the General Assembly, and with their
consent to make laws, which were to be transmitted within three
months, for the royal approval or disallowance ; but all bills affect-
ing tlie prerogative or private property must have the royal assent
before they could become law. In the enactment of all laws the

PLATE G

Powers of Colonial Governors. 163

Governor had a negative voice. With the consent of the Council,
he could erect and establish courts of justice, and them invest with
all reasonable and necessary powers, fees and privileges thereunto
belonging, but he could not erect any court not before constituted,
nor dissolve any court already established ; also, with like consent, he
appointed judges, justices of the peace, and other officers necessary
for the administration of justice ; could pardon all oifenses, treason
and willful murder excepted ; and, in these cases, grant reprieves
until the king's pleasure became known. He was empowered to col-
late to churches and ecclesiastical benefices, liberty of conscience having
been allowed to all persons except Catholics ; to grant marriage
licenses and probate of wills, and license school-masters and printers ;
call out the militia and appoint officers thereof ; erect forts, cities,
boroughs and towns, and establish fairs and markets ; sign warrants
for the issue and payment of public moneys, and, with the consent of
the Council, grant patents for lands, ferries, ports, harbors and
manors. Finally, he was instructed to give due encouragement to
the Royal African Company of England, in order that the province
may have a constant and sufficient supply of merchantable negroes
at moderate prices. The salary of the Governor, at the time of the
Revolution, was £2,000 sterling, and £400 currency, additional, for
fuel and candles. This allowance, however, was exclusive of fees,
the amount of which, on land patents, alone, after the close of the
French war, must have been very large. In case of the Governor's
death, or of his absence from the province, the Lieutenant-Governor
administered the government ; but if no such officer existed, then the
eldest councillor resident within the province took upon himself the
administration of the government as President of the Council.

The independent government of JS^ew York really began April
19, 1775, and the Presidents of the various Conventions, Congresses
and Councils were the Chief Executives of the State. They possessed
no powers, except such as were conferred by resolution.

Under the First State Constitution the Governor was chosen tri-
ennially, a plurality being sufficient to elect ; was general and com-
mander-in-chief of all the militia, and admiral of the navy ; had
power to convene the Legislature on extraordinary occasions ; to pro-
rogue them from time to time, provided such prorogations did not
exceed sixty days in any one year ; ^ to grant reprieves and pardons
to persons convicted of crimes other than treason or murder, in
which cases he might suspend the execution of the sentence until

1 Governor Tompkins exercised this power in March, 1812 ; being the only occasion in the history of the
6tate.

164: Powers of State Goveknors.

reported to the Legislature at their subsequent meeting, when they
were either to pardon, direct the execution of the criminal, or grant
a further reprieve. It was also the duty of the Governor to inform
the Legislature, at every session, of the condition of the State, so far
as respected his department; to recommend -such matters to their
consideration as appeared to him to concern its good government,
welfare and prosperity ; to correspond with the Continental Congress,
and otlier States ; to transact all necessary business with the officers
of government, civil and military; to take care that the laws were
faithfully executed, to the best of his ability, and to expedite all
such measures as might be resolved upon by the Legislature. He
was a member of the Council of Appointment, and President of the
Council of Revision.

The Constitution of 1821 changed the term of office of the Gov-
ernor from three to two years. No person was eligible to the office
who was not a native citizen of the United States, a freeholder of
the age of thirty years, and a resident of the State five years, unless
absent from it on public business. A plurality of votes was sufficient
to elect. In case of a tie, the choice devolved on the Legislature in
joint ballot. The power to prorogue the Legislature was not con-
ferred. The power to grant pardon for murder was conferred.
The power of appointment of officers not made elective was con-
ferred on the Governor, by and with the advice and consent of the
Senate. The Council of Revision was abolished, and the power to
veto all bills passed by the Legislature conferred on the Governor,
when a vote of two-thirds of all the members present would be
necessary to its passage by the Legislature. The Constitution of
1846 greatly reduced the number of officers appointed by the Gov-
ernor by and with the advice and consent of the Senate ; but, in
other respects, the powers and duties of the Governor remained the
same until the adoption of the amendments to the Constitution in
1 874. No person is eligible to the office of Governor who is not
at least thirty years of age, and five years a resident of the State,
As new offices are created from time to time, the power of appoint-
ment is usually conferred on the Governor, by and with the advice
and consent of the Senate ; and besides the other offices named
in this work, he appoints Notaries Public and Commissioners of
Deeds in other States and foreign countries, etc. Most of the
vacancies occurring in office (except Members of the Legislature and
Congressmen) are filled by him until the next general election, and
he likewise possesses the power of suspension or removal, under cer-

PJATE H

ilACLirsLoa

Ah' MS OJ- rut; STATE AS SHOW^ ON THE
FAC SIMILE OF THE

C O L . ( i AN SF: V() ( )H 1 FLAG OF ITT «.

PLATE T

ARMS OF THE STATE OF NEW YORK:

FAjc si:mii.e

of the Initial T, exi^raved on,

Al!^E>v^TbRK MnjTAirr Commission

from Gov. (jr. Clirtton. ,
of June 25.1778.

PLATE J

FAC S1MLJ.K OF Till-: ARMS

FBOM THE PAINTrNC. IN ST PAVLS CHAI^EI-

N.Y.nTY,!7B5.

PLATE K

"^ "^^V(;kls\OV>^ '*

THE

AJiMS OF THE STATK OK XKW YORK.

.\.S BE EST,\BLLSEED BY C'hAPXER Tqo OF TilK LAWS ()} iS.Sj .

Government of the Province.

165

tain restrictions prescribed by statute. He is, ex-officio, a Trustee of
the finished portions of the Capitol, and of several of the other public
buildings of the State. By amendments adopted in 1874, the term
of office was extended to three years; the salary increased from
$4,000 to $10,000, and an executive residence directed to be pro-
vided. The Governor may veto specific items in any bill appropriat-
ing money ; and no bill can become a law after the final adjournment
of the Legislature, unless approved within thirty days thereafter.

The Privy SeaP in use prior to 1883 is shown on Plate L, No. 2.
The Seal now in use is the Arms of the State as described in Chap-
ter 190, Laws of 1882, surrounded by the inscription " State of New
York — Executive Privy Seal."

COLONIAL EXECUTIVES.

DIRECTORS-GENERAL.

Adriaen Joris

Cornelis Jacobsen May

William Verhulst

Peter Minuit

Thf Council 2

Wouter Van TwiUer

William Kieft 3

Peter Stuyvesant 4

The Colony under the English

Cornelis Evertse, Jr., Jacob Benckes

and a Council of War 5

Anthony Colve 6

GOVEBNOES.

Richard Nicolls

Colonel Francis Lovelace 7

Major Edmund Andros

Anthony BrockhoUes, Commander-
in-Chief.

Sir Edmund Andros, Knt

Anthony BrockhoUes, Commander-
in-Chief

Colonel Thomas Dongan

Sir Edmund Andros

Francis Nicholson, Lieut.-Gov

Jacob Leisler 8

Colonel Henry Sloughter

Major Richard Ingoldesby, Com-
mander-in-Chief 9

Colonel Benjamin Fletcher

Richard Coote, Earl of Bellomont...

John Nanfan, Lieutenant-Governor

Earl of Bellomont 10

William Smith, as the eldest Coun
cillor present

John Nanfan, Lieutenant-Governor

Edward Hyde, Viscount Cornbury .

John, Lord Lovelace

Peter Schuyler, President

Richard Ingoldesby, Lieut.-Gov

Peter Schuyler, President 11

Richard Ingoldesby, Lieut.-Gov. 11

Gerardus Beeckman, President.

APPOINTED.

1623

1624

162.')

May

1626

March

— ,

1632

Anril

—

16:«

M&Tch 28.

lfi3S

May

11,

1647

1664

1673

Aug.

12,

1673

Sept.

19.

1673

Sept.

1664

Aug

17,

1667

Nov.

10.

1674

Nov.

16.

1677

Aug.

1678

Jan.

IS.

1681

Aug.

27,

1682

Aug.

11,

1688

Oct.

1688

June

1689

March 19,

1691

July

26,

1691

Aug.

3(1,

1692

April

13,

1698

May

17,

1699

July

24,

1700

March .5,

1701

May

19,

1701

Mav

1702

Dec.

18,

1708

Mav

1709

May

1709

May

2.1,

1709

June

1709

April

10,

1710

GOVERNORS.

Brigadier Robert Hunter

Peter Schuyler, President

WilUam Burnet

John Montgomerie 12

Rip Van Dam, President

Colonel William Cosby .

George Clarke, President 13

Admiral George Chnton

Sir Danvers Osborne, Baronet 14....

James De Lancey, Lieut.-Gov

Sir Charles Hardy, Knt

James De Lancey, Lieut.-Gov

Cadwallader Colden, President I.";...
Major-General Robert Monckton...
Cadwallader Colden, Lieut.-Gov...
Major-General Robert Monckton...
Cadwallader Colden, Lieut.-Gov...

Sir Henry Moore, Baronet

Cadwallader Colden, Lieut.-Gov ...
John Murray, Earl of Dunmore 16

William Tryon

Cadwallader Colden, Lieut.-Gov....

William Tryon 17

James Robertson 18

Andrew Elliot, Lieut.-Gov. 18

PRESIDENTS.

Philip Livingston

Peter V. B. Livingston

Nathaniel WoodhuU, pro tern

Abraham Yates. Jr. pro tern

Nathaniel Woodhull

John Haring, pro tern

Nathaniel Woodhull

John Haring, pro tern

Nathaniel Woodhull

Abraham Yates, jT.,protem

Abraham Yates, Jr

Peter R. Livingston

Abraham Ten Broeck

Leonard Gansevoort

Pierre Van Cortlandt

APPOINTED.

June

July

Sept.

April

July

August

March

Sept.

Oct.

Sept.

June

August

Oct.

Nov.

June

Nov.

Sept.

Oct.

July

April

June

March

April

May

Aug.

Nov.

Dec.

Feb.

May

June

July

Aug.

Sept.

March

April

May

14, 1710
21, 1719

17, 1720

15, 1728
1, 1731

1, 1732
10, 1736

2, 1743
10, 1753

12, 1753

3, 1755

3, 1757

4, 1760
26, 1761

18, 1761
14, 1762
28, 1763

13, 1765
12, 1769

19, 1770
9, 1771
7, 1774

28, 1775
23, 1780
17, 1783

20. 1775
23, 1775
28, 1775
2, 1775
6, 1775
16, 1775
12, 1776

18, 1T76

19, 1776
9, 177«

10, 1776
28, 1776
26, 1776
6, 1777
18, 1777
14, 1777

I See Arms and Seals. 2 No Director-General in the country.
3 Commission issued September, 1637. 4 Commission issued 28th July, 1646.

6 Military government. See p. 67. 6 Commission dated 12th August.

7 Col. Lovelace was succeeded, August 12, 1673 (N. S.) by Anthony Colve, who was Director-General
Tinder the Dutch during their temporary re-occupancy of the colony.

8 Assumed the title of Lieutenant-Governor, Dec. 8, 1689, and executed for high treason. May 16 1691.

9 The (Council administered the government from 2.3d July, when Gov. Sloughter died, to 26th July.

10 Died March 5, 1701 ; Col. Wm. Smith, senior member of the Council, claimed to be administrator, but
the government was administered bv the Council until May 19, 1701.

II Commission revoked, September 17, 1709. 12 Died July 1, 1731. ^„ -.y,!^
13 Commissioned as Lieutenant-Governor, July 30.1736, and sworn into office as such October 30, 1735.

Lord De La Warr was appointed Governor, June. 1737, but resigned that commission in feeptember lollow.
ing. 14 Committed suicide, October 12, 1753.

15 Commissioned as Lieutenant-Governor, April 14, 1761, and sworn into office as such August 8, 1761

16 Attainted October 22, 1779. 17 Tryon sailed for England, July «, 17S0. 18 Not recognized by the Sstate.

166

Governors of the State.
GOVERNORS OF THE COMMONWEALTH.

GOVERNORS.

1777 (leorge Clinton 1..

1780 ' ticorge Clinton 2..

1763 George Clinton 3..

George Clinton 2

George Clinton

George Clinton 4

John Jay

John Jnv

George Clinton

Morgan Lewis

Daniel D. Tompkins..
Daniel D. Tompkins..
Daniel D. Tompkins..
Daniel D. Tompkins..

John Tavler.5

De Witt Clinton

Joseph C. Yates

De Witt Clinton

Nathaniel Pitcher 6 . .,

Martin Van Buren 7..

Enos T.'_Throop 8

Enos T. Throop

William L. Marcy

William L. Marcy ....

William 11. Seward..

■William H. Seward..

William C. Bouck.
Silas Wright, Jr....

John Young

Hamilton Fish

Washington Hunt .
Horatio Seymour. .

Myron H. Clark.

John A. King

Edwin t). Morgan..

Edwin D. Morgan..

Horatio Seymour...
Keuben E. Kenton.
Reuben E. Kenton
•lolin T. noiliiian...
John T. IlofHiian...

John A. Di.\

Sanmel J. Tilden...
Lucius Koblnson...

Alonzo B. Cornell ,

Grover Cleveland in..

David B. Hill 11.

David B. nm

VOTES.

3,.W4

OPPON'ENTS.

6,.3<ll
8,44(1
13,481
16,012
24,808
30,829
.35,074
4.3,094
43,324
45,412

'"43,310

47,447

128,493

103,452

99,785

136.794

128,842

166,410
181,9(J5

166,122

192,882

222,011

208,072

241,090

198,878

218,776

214,614
264,121

156,804

264,400

247,953

358,272

306,649
368. .557
.366,315
4.39, .3f)l
.399, 490
445,801
416,391
519,831

418,567

535,318

601,465

Philip Schuyler ,
. Ephraim Payne.

Robert Yates ,

.lolin .lay

Robert Yates

Robert R. Livingston

Stephen Van Rensselaer..

Aaron Burr

Miirgan Lewis

Jonaii Piatt

Stephen Van Rensselaer..
Rurus King

Peter B. Porter

Daniel D. Tompkins....
Solomon Southwick....

Samuel Young

William B. Rochester .

f Smith Thompson

i. Solomon Southwick..

.'Francis Granger

lEzekiel Williams

Francis Granger

William H. Seward

(Jesse Buel

1 Isaac S. Smith ,

William L. Marcy

/William C. Bouck

IGerrit Smith

/Luther Bradish ,

I Alvan Stewart

/ Millard Fillmore

( Alvan Stewart.

rSilas Wright ,

/ Henry Bradley

tOgden Edwards ,

(John A. Di.N

i Reuben H. Walworth ..

(.William (ioodell

Horatio Seymour

(Washington Hunt 9

( Minthorne Tompkins...
(Horatio Seymour

< Daniel Ullman

(Greene C. Bronson

5 Amasa J. Parker

( Erastus Brooks

(Amasa J. Parker

< Lorenzo Burrows

(Gerrit Smith

/William Kelly

IJamesT. Brady

James S. Wadsworth

Horatio Seymour

John T. HofTman

John A. (iriswold

Stewart L. Woodl'ord

Francis Kernau

John A. PIx

K>lwln v.. Morgan

Lucius Robinson

John ICelly

Harris Ijiwis

.loliii W. Mears

(Charles J. Folger

■i Alphonso A. Hopkins.,
(Epenetus Howe

(Ira Davenport

J. H. Clay Basconi...
(.George 0. Joues...

643
620

5,962
8,332
11,892
13,632
20,843
22, 139
'M, 989
34^. 4W
39,718
38,647

1,479
4.5,990

2,910
87,093
96,135

106,444
33,345

"i20",36i

2, 332

1.56,672

16S,969

136,648

3,490

182,461

216,808

2,662

186,091

7,263

2.31.057

15,1.36

187,306

12,844

(<,3I«

122,811

116,811

1,.593

214,3.52

241,525

19,299

l.'>6,495

122,282

.33] ,s50

19S,616

i:!0,870

230,513

60,880

5.470

294,812

19, 841

295, 897

361,264

352,526

411,355

.366,424

.392, .350

366,074

489,371

375, 7 W

77, .'>*V>

2II,'J.S6

4.437

342.464

25,783

11,974

"'4'.x'i,"33i

30,867

2.130

lA frngment of the canvass of 1777 (Miscellaneous Papers 37, Secretary's onire), shows the returns
from Albanv, CumbiTl.ind, Dutchess, Trvon, Ulster, AVestchester. as follows : George Clinton, 865; John
Morin Scoti, 3.si'.; Philip Schuvlcr. 1,012-, John Jav, 367: Philip Livingston, 5; Robert R. Livingston, 7.
The votes from Orange and other southern counties gave the election to Clinton. The returns were inaile to
the Council of Safety. July 9, and the Governor was sworn in on theSolh, at Kingston. He was then m
active comm.ind of the Militia, and diil no,, quit the Held until after Burgoyne's surrender.

2 We are not aware that thQ results of these elections are preserved. Clinton's majority in 1780 was

'sTenpreolnrtsgavo In their li.iUots contrary to th(» formsoflaw, and were rejected by the Inspectors.
The malorilv tor rilxtnii In those iireclncts were proportioiuite lotlie above numbers. . .

4 The' vote's of Clinton. Olsi-goand Tloca counties were not canvassed. The reason of this 18 recorded id
the Secretary's oftlce. Deeds, xxiv. p. 219. . , ..„.«•! .

6 Acteil as Governor from Februarv 24 to July 1, 1817. in place of Tompkins elected A ice-President.
fi Acted as Governor from the diath of Clinton. February 11. 1H2.S. till the expiration of the term.

7 Resigned Man h 12, is?!, on beinu- appointeil Secretary of Stale under Jaclseon.

8 Acted as Govern'>r during remainder of Van Hureirs term.

* Originally rertilled as 219.7.36, nml afterward corrected as above.
10 HeRlL'ned 'January 6. 1NS5. havliiK l-eeii I'lected President. .. „ ,._„ ,0.,,

PItATE ;

N° 2.

wz.

IV &.

N?-5.

Private Secketaries — Lieutenant-Governors.

167

PRIVATE SECRETARY.

By chapter 5 of the Eevised Laws, passed December 3, 1827 (to
take effect January 1, 1830), the Governor was authorized to appoint
a Private Secretary and Doorkeeper of the Executive Chamber, to
hold their offices during his pleasure. The office of Private Secretary,
however, existed before that date, and is referred to in acts passed in
the year 1793 (chapter 93), in 1801 (chapter 173), and in the Eevased
Laws of 1813. Under the provisions of an act passed April 1, 1858
(chapter 64), the Revised Statutes were so amended concerning the
powers and duties of the Governor, as to make the Executive Cham-
ber, to a hmited degree, an office of Record. This act authorized
the Governor to appoint the necessary clerks and messengers, and
continue the office of Private Secretary.

PRIVATE secretaries.*

SECRETARIES.

APPOIHTED.

SECRETARIES.

APPOINTED.

Henry S. Seaman

Jan. 1, 1857
Jan. 1, 1859
1861
Jan. 1,186.3
Jan. 1, 1864
Jan. 2, 1865
Mch.15, 1865

Charles E. Smith

Sept. 1,1868
Jan 1 IRfiQ

George Bliss, Jr

John D. Van Buren..

Lockwood L. Doty

John W. Dix

Jan I 187.^

John F. Seymour

Charles Stebbins

Jan 1 IS?**

Diedrich Willers, Jr

David C. Robinson

Jan 1 1877

Beman Brockwav

Henry E Abell

.Tan 1 ISSn

George S. Hastings

Jan 1 188^

William G. Rice

Feb. 20, 1885

LIEUTENANT-GOVERNOR.

The office of Lieutenant-Governor, which had existed under the
Crown at irregular periods, was established permanently by the first
State Constitution. The Lieutenant-Governor must have the same
qualifications, and is elected in the same manner and for the same
term as the Governor, whose duties he discharges in case of
vacancy in that office. He is, ex officio, President of the Senate, a
Commissioner of the Canal Fund and of the Land Office, a member
of the Canal Board, a Trustee of the Idiot Asylum and of Union
College, a Pegent of the University, a Trustee of the finished por-
tions of the new Capitol, and also Trustee of several of the other
public buildings of the State, and a member of the State Board of
Charities, and of the State Board of Equalization of Assessments.
Prior to the adoption of the amendments to the Constitution in
1874, he received a salary of six dollars per day, for each day's attend-
ance in the performance of his duties, and mileage ; by those amend-
ments his salary is fixed at |i5,000 per annum, without other com-
pensation, fee or perquisite for any service he may be required to
perform.

1 The list is incomplete. The names of those only in ofBce since the passage of the act of 1858 are given.

168

Governor's Staff.

LIEUTENANT-GOVERNORS,

LIEUTENANT-GOVERNORS.

Pierre Van Cortlandt

Stephen Van Rensselaer....
Jeremiah Van Rensselaer .

John Broome 1

John Tayler 2

De Witt Clinton 3 ,

John Tavler

Erastvis Root

James Tallmadge ,

Nathaniel Pitcher 4 ^...,

Peter R. Livingston 4

Charles Davan 4

EnosT. Throop 5

Charles Stebblns 5

William M. Oliver

Edward P. Livingston

John Tracy ,

Luther Rradish

Daniel S. Dickinson

ELECTED.

1777

Apr. 28, 1795

Apr. 28.1801

Apr. 24,1810

Jan. 29,1814

Apr. 30,1811

Apr. 27,1813

Apr. 30, 1822

Nov. 1,1824

Nov. 6,1826

Feb. 16,1828

Oct. 17,1828

Nov. 3,1828

Mch.l2,182y

Jan. 5,1830

Nov. 1,1830

Nov. 5,1832

Nov. 5,1838

Nov. 6,1842

LIEUTENANT-GOVERNORS.

Addison Gardiner 6

Hamilton Fish 6

George W. Patterson ..

Sanford E. Church

Henry J. Raymond

Henry R. Selden

Robert Campbell

David R. Floyd-Jones ,

Thomas G. Alvord

Stewart L. Woodford..

Allen C. Beach

John C. Robinson

William Dorsheimer ....
William Dorsheimer ....

George G. Uoskins

David B. Hill 7

Dennis McCarthys

Edward F. Jones „

ELECTED.

Nov.

4,1844

Nov.

2,1847

Nov.

7,1848

Nov.

5,1850

Nov.

7, 18.54

Nov.

4,1856

Nov.

2, 1858

Nov,

4,1862

Nov.

8, 1864

Nov.

6,1866

Nov.

'J, 1868

Nov.

5, 1872

Nov.

3,1874

Nov.

7, 1876

Nov.

4,1879

Nov.

7,1882

Jan.

6,1885

Nov

3, 1885

STAFF OF THE COI^BIANDER-IN-CHIEF.

The Governor, by virtue of his office, is commander-in-chief of the
militia of the State. Under the First Constitution, the officers of the
staff of the commander-in-chief derived their commissions from the
Council of Appointment, and under the Second Constitution direct
from the Governor, except the Commissary-General, who was ap-
pointed in the same manner as Senators in Congress.

An Adjutant-General is required to be appointed in each State,
by an act of Congress passed May 8, 1793 ; but the office has existed
in New York from the time of its organization as a State. The
Adjutant-General is Chief of Staff and ranks as Major-General.
The remaining members of the Staff (except Aides-de-Camp and
Military Secretary) rank as Brigadier-General. The Privy Seal was
originally used on military commissions ; ^ but by an act passed April
16, 1827, the Adjutant-General was directed to prepare a seal for
that purpose, and his office was made an office of record in 1831.
The original seal is shown on Plate L, No. 4, and the seal in use until
1883 on Plate L, No. 5. The present seal is the Arms of the State
as described in chapter 190, Laws of 1882, surrounded by the inscrip-
tion, " State of New York — Adjucant-General."

The title of the office of Commissary of Military Stores was
changed to that of Commissary-General in 1815, and to that of
Commissary-General and Chief of Ordnance in 1870. He is ap-
pointed by the Governor and Senate for two years. His office is in
New York city. The office of Commissary-General of Subsistence
was created by the Militia Law of 1862.

The Adjutant-General, Inspector-General and Commissary-Gen-

1 Broome died In August, 1810. 2 The Senate appointed Tayler their President, January 29, 1811.

3 Elected under a special act, February 11, 1811.

4 Clinton having dii^l February 11. 182'^, Pitcher succeeded as Governor, and Livingston and Dayan were
iucccssjvi-ly elected PresldcMits uf the Senate.

6Thri)op having succeeded Van Buren as Governor, the Senate elected Stebbins their President In 1829,
and Oliver in I83tj.

6 Gardiner having been elected & Judge of the Court of Appeals, in June, 1848, Fish was elected to flU
the vacancy under an act paaseil In September of that year.

7 Became Governor .luniiary 6. 1885 I'lVc Cl'-vrbiiid, resigned.

8 Cleveland having resigned Hill succeeded as Governor, the Senate elected McCarthy their President.

9 See ArniH and Seals.

Staff of the Commander-in-Chief.

169

era! are constantly on duty and are allowed Assistants, who rank as
Colonel. The Adjutant-General receives a salary of $4,000 ; As-
sistant Adjutant-General, $2,500. The salary of the Chief of Ord-
nance is $2,500 ; of his Assistant, $2,300 ; of General Inspector of
Rifle Practice, $2,000. The Inspector-General receives $6 per day
of actual service, and his Assistant is allowed $2,000 and expenses.

The Military Code of 1888 provides that the staff of the Commander-
in-Chief, when upon actual duty under the provisions of the Code,
either at drills, parades, encampments, lake or seacoast defense duty,
or otherwise, shall be paid such reasonable and just compensation,
not exceeding the full pay and allowances of officers of the same
rank in the army of the United States, as the Commander-in-Chief
shall deem proper. In no event shall such compensation exceed
$2,500 per annum, together with necessary expenses.

The Bureau of MiHtary Statistics was created by an act passed
April 8, 1863 (ch. 113). It was conducted under the management
of a Chief until 1868 (ch. 717), when it was made a bureau in the
oflace of the Adjutant-General.

officeks of the staff.

.\DJUT.\NTS-GESER.\L.

APPOINTED.

IXSPECT0R3-GEN'ER.\L.

APPOINTED.

Nicholas Fish

Apr.

13,1784
.... 1793

Benjamin F. Bruce

May

Jan.

May

April

July

Jan.

Dec.

Jan.

Jan,

Jan.

Jan.
July
Jan.
Jan,
Jan.
Nov.
Jan.
Jan.
Nov.
.Tan.
Sept
Jan.
Jan.
Jan,
Jan,
Jan.
Jan.
Jan.
Jan.
Jan,
Jan.
Jan.

5, 1851
7.1853
1 1855

David Van Horne

William L. G. Smith

Benjamin F. Bruce „

Solomon Van Rensselaer

1801

William Paulding, Jr

1809

1810

George F. Sherman

1,1859

Solomon Van Rensselaer *••.

William A. Jackson

Marsena R. Patrick 7

1 1861

William Paulding Jr

1811

4,1861
14 1862

im?.

William L. Marcv

Feb.

;

21,1821
...- 1823
1SH

Cuyler Van Vechten9

12, 1863
21 1863

William K. Fuller

Josiah T. Miller

2, 1865
1,1869

Nicholas F. Beck

„ 1825 1

James McQuade

Matthew Henry Webster 1

Jan.

1830

4,1831
18.33

William H. Morris

1,1873

John A. Dix

1,1875

Phillip H. Briggs 10

Robert S. Oliver

24 1879

Thomas W. Harman

18.35

1.1880

Allan Macdonald

1837

Phillip H. Briggs .

1 188.J

Rufus King

_ 1839

Emil Schaefer

1,1886

Lyman Sanford

_ 1843

ENOINEERS-IN-CHIEF.

Paul Nelson SpofTord

Archibald C. Niven

_ 1844

1S45

1,1847

Thomas Farrington

Robert LeRoy ...

15 1847

Robert E. Temple,

- lS4fi

1,1349

Samuel Stevens

Jan.

July

Jan.

March

Jan.

Jan..

Aug.

Jan.

April

Jan.

1,1847
1,1851
4,1853

24,1854
1.1855
5, 1855
1,1857
1,1861

19,1861
1,1863
2,1865
1,1867
1,1869
1,1873
1,1875
7, 1879
1,1880
1.1883
1,1886

James Watson Webb

1,1851

L. Ward Smith

John Addison Thomas

4, 1853

Robert E. Temple _

24, 1854

Isaac Vanderpoel 2

Joseph J. Chambers

1,18,55

J. Watts DePeysterBvt.Maj.Gen.3

Edmund H. Schermerhorn

4,1856

Robert H. Pruyn

Samuel 0. Thompson ,

18, 1856

Frederick Townsend

21,18.57

J. MeredHh Read, Jr

Allen Munroe ..«..„

George F. Nesbitt

15,1857

Thomas Hillhouse 4

1,1859

John T. Sprague

Chester A. Arthur . , .

1,1361

William Irvine

Ipaac Vanderpoel ,

1,1863

Selden E. Marvin

James B Swain ....

2, 1865

Franklin Townsend.....

Charles W. Darling

1, 1867

John F, Rathbone

William M. Tweed, Jr........

N. Gano Dunn

1, 1869

Franklin Townsend

1, 1873

.Tohn B. Woodward 5

Frederick Townsend 6

Edgar M. CuUen ,.

James B. Pearsall

1,1875
1,1877

John G. Famsworth..,

Llovd Aspinwall • «

1,1880

Josiah Porter

Georges. Field

1,1883

1 .\cting Adjutant-General, vice Beck, deceased. 2 Appointed. vice Temple, deceased.

3 By concurrent resolution April 9, 1866 4 Appointed I'ice Bead, resigned.

5 Appointed vice Townsend, resigned. 6 Resigned Nov. 1, re-appointed Dec. 1,

7 Appointed i-ice .lackson, resigned. 8 Appointed vice Patrick, resigned.

9 Appointed vice Arthur, resigned. 10 Appointed vice Woodward, appointed Adjutant-

1880.
General.

170

Officers of the Staff.

COMMISSARIES-GE.NF.RAL.

Peter 0. Ciirtenius 1

Andrew Moodie

Sebastain Uaunian

Robert Hunter

Ebenezer SteveDS

John McLean

Richard Platl _

Anthony Lamb

Alexander M. Muir

Henry Arcularius

Adoiiirani Chandler

Henry Storms

John Stewart

Daniel Lee

J. H. Hobart Ward

Benjamin Welch. Jr

James A. Farrell

Frank Chamberlain

George W. Palmer 2

William H. Morris

Samuel William Johnson..

Kilburn Knox

Daniel D. Wylle.

Josbua M. Varian

PAYMASTERS-GENEBAL.

James Kidd

Isaac C. Coltoii

Edward E. Kendrick

James E. Tower

Edward E. Kendrick

Robert L. Johnson

Thomas B. Van Buren

George Bliss, Jr

John D. Van Buren

Selden E. Marvin

Dudley W. Olcott

George J. Magee

Rufus H. King

Hermann Uhl

Jacob W. Hoysradt

G. Barret Rich

Lloyd S. Bryce 3

Walter C. Stokes

gilARTERM ASTERS-GENERAL.

Franklin Townsend

Charles A. Stetson

George W. Pratt

James L. Mitchell

Cuyler Van Vechten

Chester A. .\rthur4

S. Vischer Talcott

Edwin A. Merritt

C. Fitch BIssell ....

Robert Lenox Banks

John N. Knapp

S. Stewart Ellsworth _

Clarence Campbell

Charles P. Easton

Edwin S. Jenney

Myndert D. Mercer £>

Frank .M. Freeman

APPOINTED.

June
April

March

April

Feb.

March

Feb.

April

Sept.

Jan.

Feb.

Jan.

March

Sept.

Jan.

Feb.

May

Jan.

•Tan.

Jan.

Jan.
Jan.
Jan.
Jan.
Jan.
July
Jan.
Jan.
Jan.
Jan.
Jan.
Jan.
Jan.
•Tan.
Jan.
Oct.
Jan.

2,1775

13,1784

.... 1789

1<M794

1798

^.. 1801

15.1813

20,1815

12, 1S21

4,1833

4,1839

7, 1842

7,1848

7,1852

22,1855

20, 1859

25, 1863

27,1865

30, 1865

4,1869

12,1871

20,1873

11,1877

1, 1886

1,1847
1,1851
7, 1851
1,1853
1,1865
1, 1857
1,1861
27,1862
26,1863
2, 1865
1,1867
1,1869
1,1873
1,1875
1,18S0
1,1883
1,1886
13,1888

1,1847
1,18.01
1,1853
1,18.55
1,1861

27,1862
1, 1863
2.1865
1,1869
2, 1871
1,1873
1,1875
1,1S77
1,1880
1, 1883

13, 1883
1.1886

SCRG EONS-GENERAL.

George V. Huddleston .

Mason F. Cogswell

Howard Townsend

Herman Wendell

Alexander H. HoflT.

S. Oakley Vanderpoel....

Cornelins R. Agnew

S. Oakley Vanderpoel .

John V. P. Quackenbush.
D. Willard

Sylvester

James E. Pomfret6.

Jacob S. Mosher

William M. Smith ..

Austin Flint, Jr

Williain F. Swalm..
William H. Watson,
Joseph D. Bryant...

JUDGE- ADVOCATES-GENERAL.

Garrett V. Denniston

Jacob T. B. Van Vechten

Robert H. Pruyn

Lewis Benedict, Jr

Robert H. Pruyn

Elijah Ward

Oiigen Vandenburg „

Clarence A. Seward

William Henry Anthon

Nelson J. Waterbury

Alexander W. Harvey ..._

Campbell H. Young

James B. Craig

J. Hampden Wood

Charles Hughes

Horace Russell

Horatio C. King.

William M. Ivins

APPOINTED.

COMMISSARIES-GEN L OF SUBSISTENCE

Anthony Eickhoff

Charles G. Halpin 7

Charles W. Darling 8

Joseph Henry Liebenau ,

William Seebach

Albert Steinway

Theodore E. Smith

Henry Heath

Charles H. Smyth

Charles Tracey

Charles J. Langdon

Austin Lathrop ,

Ralph Brandreth

GENERAL INSPECTORS OF RIFLE
PRACTICE.9

George W. Wingate

Robert OlyphantlO

Alfred C. Barnes

Charles F. Robbins

CHIEF or ARTILLERY.

Daniel D. Wylie

Jan.

April

Jan.

June

Jan.

Jan

Jan.

Jan,

Aug.

Slav

Sept.

Jan.

April

Jan.

.Ian.

Mav
Dec.
Jan.
Jan.

Jan.

1.1847
1,1849
1,1851
1, 1853
1,1855
1,1857
1,1859
1,1861
1,1863
2,1865
6.1865
1,1869
1,1873
1,1875
7,1878
1.1880
1,1883

.. 1836
.... 1841
... 1846
1,1847
1,1851
1,1853
1,1855
1,18:>7
1,IS61
1,1863
2,1865
1,1867
I, 1*69
1,:873
1,1875
1,1880
1.1833
1,1886

29,1863
1.1864
1.1865
2,1867
1,1869
2,1871
1,1873

21,1873
1,1875
1,1 S77
1,1880
1,1883
1,1S86

13,1878

24,1879

1,1880

1,1883

1,1886

SECRETARY OF STATE.
Tlie Secretary of the Pro^^nce of New Nethcrland was Clerk of
the Council and of the Courts. This officer, under the English
goveiTiment, was called Secretary of the Province or Secretary of the
Crown. He was Clerk of the Execntive and Legislative Councils,
Court of Appeals and Supreme Court. He held his appointment
usually from the Crown. He was also Register of the Preroffative
Court. His salary was £73 sterhng, paid by the Crown out of its
revenues in the Province, and £70 currency, allowed by the Legis-

1 CommiggarN' of New York; appointed by CongrejiS.

3 Renigned May 25. 1887.

.'. A|>pi)lnted tire Jenney, resigned.

7 Appointed rice Eickhotf, resigned.

9 See Laws uf 1878, chap. 275. art. 1).

2 T'lce Chamberlain, resigned.
4 Appointed vice Van Vechten. resigned.
6 .appointed rice Willard. decease<l.
8 Mr. Darling's term expired December 31. 1886.
10 Appointed rice Wingate, resigned.

PLATE M

N^l

H° 2

N? :*•

m i.

W 5.

N° 6.

Department of State. 171

lature, with fees, which were very considerable. The duties of the
office were performed most of the time by deputy.

The Secretary of State under the First Constitution derived his
office from the Council of Appointment, of which he was, ex officio,
Clerk. He was also a Commissioner of the Land Office,^ and of the
Canal Board.^ The Secretary was paid by fees until March 10, 1795,
when he received a salary of £600, and £500 for clerk hire. By an
act passed March 27, 1809, he was directed to procure a seal, for the
authentication of copies of records, an engraving of which is given
on Plate M, No. 1. The duties of the office were materially enlarged
under the Second Constitution, the Secretary being made Superin-
tendent of Common Schools, a Regent of the University,^ a member
of the Canal Board,^ and of the Board of State Canvassers.'' He was
appointed for a term of three years by an open separate nomination,
and subsequent joint ballot of the Senate and Assembly.^ His salary
was $2,500 until the adoption of the constitutional amendments in
1874.

The Secretary of State is not only keeper of the State archives ;
but he is also charged with numerous specific duties. He superin-
tends the publication and distribution of the Laws, and issues
patents for lands, commissions, pardons and licenses, and notices for
elections. In his office are filed apj^lications from companies formed
under general laws, except banking institutions and insurance com-
panies. He reports annually to the Legislature the statistics of
pauperism and crime received from the several counties, and upon
such other subjects as may be required by law or by a resolution of
either branch of the Legislature. At the opening of each session,
he administers the oath of office to each member of Assembly.
He is, ex officio, a Regent of the University, a Commissioner of the
Land Office and of the Canal Fund, a member of the Canal Board
and of the State Board of Equalization of Assessments and Board of
State Canvassers, a Trustee of the Idiot Asylum and of Union Univer-
sity, and a member of the State Board of Charities. He is elected (each
odd year) for a term of two years, and receives a salary of $5,000. The
fees of the office go into the Treasury. He appoints a deputy (who
is ex officio clerk of the Commi-ssioners of the Land Office), and the
necessary clerks. The seal of this office in use pi*ior to 1883 is
shown on Plate M, No. 2. The seal now in use is the Arms of the
State as described in chapter 190, Laws of 1882, surrounded by the
inscription, "State of New York — Secretar}^ of State."

1 Act of May 5, 1786. 2 Act of April 15, 1817. 3 Act of April 8, 1818.

4 Act of April 18, 1836. 5 Revised Statutes, 1828. 6 Act of April 8, 1818.

172

Secretajrieb of the Province and State.

SECRETARIES OF THE PROVINCE.

SECRETARIES.

APPOINTED.

SECEETARIES.

APPOINTED.

Julv 27, 1626
1628
163-

Apr. 1.16.38
1649
1650

Apr. -.la'ii

1652
Nov. -, 16.«

1664
Aug.20, 1673
Oct. 6, 1680
Aug.23, 1633

Isaac Swinlon

Dec. 3 1686

Jan van Renuind

.John Kniuht

Aug. 1, 16^7
June 6, 16H8

Frederick Phillipse

June 6 16S8

June 6, 1688

Jacob Mi! borne

Dec. 16 1689

Mathew Clarkson

1691

Ourel van Bru^^e

Uaiiiol Honan

Sept. 8, 1702
July 30 1703

Georjje Clarke

Matthia'% Nicolls

Frederick Morris

Mch. 10, 1736

George Clarke, Jr

Mch. 2 1738

John Catherwood

Julv 16, 1745

John SnracfiTG .

George Clarke, Jr

Feb. 12, 1746

SECRETARIES OF STATE.

SECRETARIES.

APPOINTED.

SECRETARIES.

ELECTEP-

John iMorin Scott

Mch. 13. 1778
Oct. 23, 1789
Mch. 24, 1793

Samuel Younc

Feb. 7 1842

T..pwis Allaire Scott

Nathaniel S Renton

Feb 3 1845

Nov 2 1847

Thoma*> Tillotson

Aug. 10, 1801
Mch. 16, 1806
Feb. 16. 1807
Feb. 1, 1808
Feb. 2, 1810
Feb. 1,1811
Feb. 23, 1813
Feb. 16, 1815
Feb. 12,1816
Apr. 16, 1817
Apr. — , 1818
Feb. 13, 1823
Feb. 14,1826
Feb. 1, 1833
Feb. 4,1839

Henrv S Randall

Nov 4 1851

Nov. 8, 1853

Thomas Tillotson «

Joel T. Heaiilev

Nov. 7, 1855

Elisha Jfiikins

Nov 3 1857

Daniel Hale -

David R Flovd Jones ..

Nov 8 1859

Nov 5 1861

Jacob Rutsen Van Rensselaer

Chauncev M Denew

Nov 3 1863

Peter B. Porter

Nov. 7, 1865

Robert R. Tillotson

Homer A Nelson

Nov 5 1867

rharles D. Oooner

G Hilton Scribner

Nov 7 1871

Diedrich Willers Jr

Nov 4 1873

Nov. 2, 1875

Allen C. Beach

Joseoh B Carr*

Nov. 6, 1877

John A. Dix

Nov 4 1879

Nov 3 1885

COMPTROLLER.

The Director-General and two of the Council, whereof the
Keceiver-General was to be one, were designated a Board of Audit
under the government of the Province of New Netherland, May 25,
1658. Under the government of the Colony of New York the
auditing power was vested in an Auditor-General of the Plantations,
and of Deputy Auditor-General for the Colony. Joint commissioners
to examine accounts were appointed by the Council and Assembly
in 1701 and 1702, and in some subsequent years. Later, the General
Assembly as a body were constituted Commissioners of Accounts
by statute. An Auditor-General was appointed by the Provincial
Convention in 1770, Avho held office until 1782, when the Governor
and Senate were authorized to appoint an Auditor for two years.
The office was continued by several acts until 1797, when it was
abolished, and that of Comptroller substituted in its place, by an act
passed February 17, 1797, which was continued by repeated exten-
sions of two and three years, until February 28, 1812, when it was
permanently organized. Tie was a Commissioner of the Land Office
and of the Canal Fund. The Comptroller's Seal adopted on the

* Re-elected.

Department of Finance.

173

organization of the office, in 1797 (and in use until 1883), is given on
Plate M, No. 3. The Comptroller, in addition to his duties as chief
financial officer of the State, under the Second Constitution, was also a
member of the same Boards as the Secretary of State. Salary, $2,500.
The Comptroller is now the auditor of public accounts, excepting
of those payable from the Free School Fund and manages the funds
of the State ; loans its moneys ; superintends the collection of its
taxes, and the payment of current expenses of the State. Chapter
69, Laws of 1883, also devolves upon him the duties previously per-
formed by the Auditor of the Canal Department, and establishes in
his office a Bureau of Canal Affairs. He is, ex officio, a Commissioner
of the Land Office and of the Canal Fund, a member of the Canal
Board and of the Board of State Canvassers, a Trustee of the Idiot
Asylum and of Union University, and a member of the State Board
of Charities and of the State Board of Equalization of Assessments.
He is elected biennially (each odd year), receives a salary of $6,000,
and is allowed a deputy, an accountant and clerks. The seal now in
use is the Arms of the State, as described in chapter 190, Laws of 1882,
surrounded by the inscription, " State of New York — Comptroller."

COMPTROLLERS.

AUDITORS-GENERAL. 1

William Blathwaite

Horatio Walpole

Robert Cholmondely

DepxUy Auditors-General.

Stephen van Cortlandt

Daniel Honan

Abraham De Peyster

George Clarke

Aiulitors-General. 2

Comfort Sands

Peter T. Curtenius

Compirolhrs.

Samuel Jones

John V. Henry

Elisha Jenkins

Archibald Mclntyre

John Savage

William L. Marey

Silas Wright, Jr

Azarlah C. Flagg

APPOINTED.

May 19,1680
Nov. 22,1717
May, 1757

Nov. 10,1687

Sept. 6, 1692

April 20,1701

1702

July
April

March

Aug.

March

Feb.

Jan.

24,1776
8, 1782

15, 1797

12. 1800

10. 1801
26, 1806
12, 1821
13,1823
27, 1829
11,1834

COMPTROLLERS.

Bates Cook...-

John A. Collier ,

Azariah C. Flagg

Millard Fillmore 3

Washington Hunt 4 ....

Philo C. Fullers

John C. Wright

James M. Cook ,

Lorenzo Burrows ,

Sanford E. Church

Robert Denniston

Lucius Robinson

Thomas Hillhouse

William F. Allen

Asher P. Nichols 6

Nelson K. Hopkins* _.

Lucius Robinson

Frederic P. 01cott7...
James W. Wads worth

Ira Davenport

Alfred C. Chapin^^

Edward Wemple

ELECTED.

Feb.
Jan.
Feb.
Nov.
Feb.
Dec.
Nov.
Nov.
Nov.
Nov.
Nov.
Nov.
Nov.
Nov.
June
Nov.
Nov.
Jan.
Nov.
Nov.
Nov.
Nov.

4,1839
27,1841
7, 1842
2,1847
17,1849
18, 1850
4,1851
8,1853
7,1855
3, 1857
8,1859
5, 1861
7, 1865
5, 1867
14,1870
7,1871
2, 1875
1,1877
4,1879
S, 1881
6,IS'W
8.1887

TREASURER.

- The Treasurer has been from the beginning the custodian of the
people's moneys, selected for that pui-pose by themselves as now, or
by their representatives as during the Colonial period and under
preceding Constitutions. There was a Receiver-General under the
Province of New Netherland, and a Collector, and Receiver-Gen-

1 Of the Plantations. 2 Of the State.

3 Resigned Jan. 31, 1849, upon being elected Vice-President ; to take effect Feb. 20. 1849.

4 Appointed by Legislature, sworn in Feb. 20; elected November 5, 1849.

5 Appointed vice Hunt, elected Governor.

6 Appointed vice Allen, elected Judge of the Court of Appeals, November, 1870.

7 Appointed by the Governor vice Robinson, resigned ; elected November 6, 1877,

174

Treasury of the State-

sral was appointed by the Crown under the Government of the
Colony of jSTew York ; but these officers were practically Collectors
of the Port. The Treasurer received and disbursed the taxes levied
by the General Assembly, or raised under their order, notwithstand-
ing the Crown had appointed an officer for the same purpose. His
salary was £300, currency. The Provincial Congress continued the
office, and the First State Constitution directed the appointment to
be made by an act of the Legislature, to originate with the Assem-
bly, no member of either branch of the Legislature being eligible.
The Treasurer, under the First Constitution, was also Commissioner
of the Canal Fund and the Land Office, and under the Second
Constitution he was a member of the same Boards as the Secretary
of State, and was appointed in the same manner. Salary, $2,500.

Under the present Constitution, the State Treasurer receives the
public funds, and pays drafts upon the warrants of the Comptroller,
and Superintendent of Public Instruction. He is, also, ex officio^ a
Commissioner of the Land Office and of the Canal Fund, a member
of the Canal Board, the State Board of Equalization of Assessments
and the Board of State Canvassers, and a Trustee of the Union
University. He is chosen biennially, receives a salary of $5,000,
and is allowed a deputy, book-keeper, and clerks. The seal of the
office, authorized by the Legislature of 1878, and in use until Janu-
ary 1, 1883, is shown on Plate M, No. 4. The present seal of the
office is the Arms of the State as described in chapter 190, Laws of
1882, surrounded by the inscription, "State of New York —
Treasurer,"

TREASTTRKRS.

TRK.A.SVRERS.

APPOIXTF.D.

TUE.\SUUERS.

fAPPOINTED.

Oct. 19,17(ir.
•liine 2,172!
Sept. 18, 17f.7
Dec. ]2,17t;7
Sept. 17, 177(;
April 1,1778
>Iarch 16,17'.t8
Feb. 8,I8ii:',
Feb fi,180S
Keb. 8,1810
Feb. lfi,lS12
Feb. 10,1813
Feb. 12,1817
.Ian. 29,1821
Nov. 25, 1824
Feb. 10. 182:.
Feb. 14,182rt
Keb, .'), is.as
Feb. 4.18.7.1
Feb. 7. 1842

Feb. 3, 1845

Feb. 2,1846

Alvah Hunt „

.limes M. Cook _

lieii.luiliin Velcli. .Ir 2

Klbri<lf;e G. Spauldiiig

Nov. 2, 1847

Abraham lx)U «

PelerV. B. Livinj?8ton,

Nov. 4,1851
Nov. 20 1852

Nov. 8,1853

7?nhprt MrPliilIcn 1

Stephen Clavk

Nov. 7, 1855

Isaac V. Vanderpoel

Nov. 3,1857

Ijivld Thdiiins

IMiili]) I)orscht'inier,

Nov. 8,1859

Abnili.iiu 0. Luusing

Pavid Tlionias _ «..„

Charles Z. Piatt

ftt'rret L Tlox . ..

AVilliam li. liewi-;

Nov 6,1WU

(ieovRe W. Seliuvler.

.loseph Ilovvlaiiil

\Vheeler II lirlslol

Nov. 3, 18<-.3
Nov. 7,186,)
Nov. 5. isr,7

lienlamin Knowcr ^.

Tliomjis Raines 3

Nov. 7,1871

diaries N. Ross

.lames Itlackiii

Nathan I). Wemlell

llol)ert A. Maxwell* _

Lawrence .7. Klt/.ifcraM'

Nov. 2,1S7.'5

ituii)a)i<*l H. Huralosv

Nov. 6,1877

Abraham Kevser..

(ianialP'I I!. Barstow

Nov. 4,1870
Nov. 8, |sSI
Nov. 3,1885

Tlionia^i Farriiiiflon

1 Resigne'l .Tnnuarv 31. 1803. 2 Klectinn contested : succeeded Cook on above date.

3 ItL-H'lected in 1873. .\brahani I.ansinK (,\lbany) appointi'd Aclinj; State Treasurer, June 1, 1374 (Raines
liavlni; been 8U8|>eDded on account or illncKs), and served as such until September 15, 1874.
♦Re-elected '

Department of Justice. 175

ATTORNEYS- GENERAL.

The principal law officer of the Province of New Netherland waa
termed the Schout-Fiscal. He acted in a double capacity — as Attor-
ney-General and Sheriff. He arrested, examined and afterward
prosecuted all law breakers. In grave cases, where there existed
just suspicion, but no direct evidence of the prisoner's guilt, he had
the latter subjected to torture, which was done in his presence and
that of a magistrate, in order to elicit confession ; but in case the
prisoner did not then confess his guilt, he could not be again sub-
jected to that ordeal. It was also his duty to prevent all detriment
to the public fisc^ or treasury, by smuggling or fraud, and to enter
suits for the recovery of quit rents or other revenue. In his capacity
of Sheriff, he executed the judgments of the Supreme Court both
in civil and criminal cases, and then was allowed deputies. He had
a voice in the enactment of all laws and ordinances, and a seat in the
Council, except when he officiated as prosecuting officer.

The Attorney-General of the Colony of J^ew York, besides the
ordinary duties of public attorney, was charged with the prepara-
tion of letters-patent for corporations, grants of land, etc., the fees
from which were highly lucrative. He received his appointment
from the Governor until 1702, after which he was commissioned by
the Crown, and held the office during its pleasure. In 1693 the
salary was fixed at £50 per annum. In 1700 the office of Advocate-
General, previously the title of the public attorney of the Admiralty
Court, was consolidated with that of Attorney-General. In 1702
the salary was £150 ; in 1729, £100 ; in 1765, for extra services,
£150 ; in 1774, £350 sterling from the Crown, and £150 Kew York
currency, from the Province, for extra services.

The duties of the Attorney-General, as law officer of the State,
have always been substantially the same. Under the First Constitu-
tion he received his commission from the Council of Appointment.
The Attorney-General was also a Commissioner of the Canal Fund
and of the Land Office. Under the Second Constitution he was a
member of the same Boards as the Secretary of State, and received
his appointment in the same manner. Salary, $1,000.

The Attorney-General is now, ex officio^ (Commissioner of the Land
Office and of the Canal Fund, a member of tlie Canal Board, the Board
of State Canvassers, the State Board of Health, the State Board of
Equalization of Assessments, and the State Board of Charities and a
Trustee of the Union University and the New York State Soldiers and

176

Attorneys-General.

Sailors' Home. He is required to attend each meeting of the State
Board of Claims for the purpose of protecting the interests of the State.
He is elected biennially (each odd year), receives a sa^ry of $5,000,
and is allowed three deputies and several clerks. The seal of the office
authorized by the Legislature of 1878, and in use until January 1,
1883, is shown on Plate M, No. 5. The present seal is the Arms
of the State as described in chapter 190, Laws of 1882, surrounded
by the inscription, "State of New York — Attorney-General."

ATTORNEYS-GENERAL.

BtHOUT-FISCALS.

Jan Lampo

Coenraad Notelman

Lubertus van Dincklage

Jacques Bentyn

Ulrlch Lupoid

Cornelis van der Huyghens..

Hendrick van Dyck

Cornells van Tienhoven

NIcaslus de Sille

William Knyff -

ATT0RNET8-GENEKAL.

Thomas ftudyard

James Graham

George Farewell

Jacob Milborn

Thomas Newton

Gforye Farewell

James Graham

Sampson Sh. Broughton. .

May Biekley

Sampson Broughton 1

John Ravner

May Biekley 2

David Jamison 2, 3

James Alexander

Klchard Bradley 4

William Smith

William Kempe

John Tabor Kempe ^

James I)uane6

John Tabor Kempe

Egbert Benson 7

Richard Varlck

Aaron Burr

Morgan Lewis ,

Nathaniel Lawrence

APPOINTED.

1626

1632

1633

1636

March 28, 1638

July 13, 1639

May 22, 1647

March 27, 1652

June 26, 1656

Dec. 15, 1673

Dec.

16.

March 23,

April 17,

May 15,

Aug. .i,

March 3,

June 18,

March 24,

July 7,

June in,

July 28,

March 11,

Aug. 20,

Nov. 4,

July 30,

1684
16t5
16»7
16UII
1691
1691
1691
1701
1705
1705
1709
1709
1712
1721
1722
1751
1752
1759

May
May
May
Sept.
Nov.
Dee.

27,
8,

29,
8,

24.

1768
1777
1788
1789
1791
1792

ATTORNEYS-GENERAL,

Josiah Ogden Hoffman

Ambrose Spencer

John Wood worth

Matthias B. Hildreth

Abraham Van Vechten

Matthias B. Hildreth

Thomas Addis Emmett

Abraham Van Vechten

Martin Van Buren

Thomas J. Oakley

Samuel A- Talcott

Samuel A. Talcott

Greene C. Bronson

Samuel Beardsley

Willis Hall

George P. Barker

John Van Buren

Ambrose L. Jordan

Levi S. Chatfield 8

Gardner Stowe 9

Ogden HofTman

Stephen B. Cushing

Lyman Tremain

Charles G. Myers

Daniel S. Dickinson

John Cochrane

John H. Martindaie

Marshall B. Champlaln

Francis C. Barlow

Daniel Pratt

Charles S. Fairchild

Augustus Schoonmaker, Jr,

Hamilton Ward

Leslie W. Russell

Denis O'Brien*

Charles F. Tabor

ELECTED

Nov.

13,

17%

Feb.

1802

Feb.

1804

March

18.

1808

Feb.

1810

Feb.

1811

Aug.

12.

1812

Feb.

13,

1813

Feb.

17,

1815

July

1819

Feb.

12,

1821

Feb.

1823

Feb.

27,

1829

Jan.

12,

18,36

Feb.

18,39

Feb.

1842

Feb.

1845

Nov.

1847

Nov.

1849

Dec.

\KV,

Nov.

1853

Nov.

t ,

18.55

Nov.

1857

Nov.

18.59

Nov.

1861

Nov.

1863

Nov.

1865

Nov.

1867

Nov.

1871

Nov.

1873

Nov.

1875

Nov.

1877

Nov.

1879

Nov.

-1881

Nov.

1S83

Nov.

1887

STATE ENGINEER AND SURVEYOR.
The office of Surveyor-General existed under the government of
the Province of New Netherland and was continued throughout the
colonial period. The Surveyor-General became a Commissioner of
the Land Office, July 20, 1708. The office of the Surveyor of the
King's Woods existed during the colonial period.

1 Queen Anne, by letters mandatory, dated June 18, 1705, directed Lord Combury to constitute Sampson
Broughton Attorney-General, in place of his father, S. S. Broughton, deceased, but he did not ronipl.T. on
the plea that it was necessary that the acting .\ttorney-Qencral (Biekley) should have the management ot
certain important trials then at hand. Broughton never was commissioned.

2 Appointed to act during Rayner's absence In England.

3 (Jn the deceaise of Rayner, Mr. Jamison was regularly appointed Attorney-General, January 22, 1720.

4 Re-appolnted October 23. 1728. 5 Be-appolnted October 30, 1761.

6 Appointed in 1767 to act as King's attorney, during the absence of Kempe.

7 Appointed by an ordinance of the CoDveDtlOD ; commisBtoned January 15, 1778.

H ReslgniHJ November 23, 1853. 9 Appointed viae Cbatfleld, resigned.

• Re-elected.

Department of Engineering.

177

surveyors or the king's woods.

John Bridges 1698 | John Wentworth 1767 I Adolphus Benzel .

I The office of Surveyor-General was renewed under the State gov-
ernment, by an act passed March 20, 1781, for raising two regiments
for the defense of the State, the recruits for which were to be al-
lowed bounties of unappropriated lands. The Surveyor-General
under the lirst Constitution was appointed by the Council of Ap-
pointment. He was a Commissioner of the Canal Fund and of the
Land Office ; and under the second Constitution, of the Board of
State Canvassers. He had numerous special duties imposed upon

' him, relative to the sale and settlement of lands, the adjustment of
Indian titles, and other internal land matters. Salary, $800.

The Constitution of 1846 abolished the office of Surveyor-General
and instituted in its place that of State Engineer and Surveyor, pos-
sessing all the powers of the former except that of Commissioner
of the Canal Fund, In addition, he has general duties relative to
the canals not required of the former officer. [Previous to 1883 he
also had general duties relative to the railroads of the State which were
transferred to the Board of Railroad Commissioners (chapter 353,
Laws of 1882)]. He is, ex officio^ a Trustee of the Union Univer-
sity, a Commissioner of the Land Office, and a member of the
Canal Board and Board of State Canvassers. He is elected bienni-
ally (each odd year) ; receives a salary of $5,000 ; has a deputy and
necessary clerks. The Canal Engineering Department is under the
supervision of the State Engineer and Surveyor, Three Division
Engineers and three Resident Engineers are appointed by him. The
seal of the office in use prior to 1883 is shown on Plate M, No. 6.
The present seal is the Arms of the State as described in chapter
190, Laws of 1882, surrounded by the inscription " State of New
York — State Engineer and Surveyor."

SURVEYORS-GENERAL.

SURVEYORS.

APPOINTED.

SURVETORS.

APPOINTED.

Andrips Hudde

June 19, 1642

1648
Dec. 16, 1654

le-w
Jan. 23, 16.57
Mch. 1671

1683
1690
April 14, 1691
July 4, 1691
May 1, 1719
July 8, 1719
Nov. 13. 1719

Cadwallader Golden

Calwallader Golden \|„;„.

April 21, 1720

Claes van Elslant

Jan. 3, 1751

Andrips Hiidde •

Alexander Golden /J"'"'' ••-

Alexander Golden

Feb. 10, 1762

David Golden

June 29, 1774

Edmund Fanning

Philip Schuvler

June 30, 1775

Phillin WpIIh

Mch. 30, 1781

Simeon De Witt „

Simeon De Witt

May 13, 178(

Feb. 8, 182'

William Campbell

Orville L. HoUey

Jan. 20, 183c

Allaiip Jarratt

Feb. 5, 18.38

Feb. 7, 1842

Hugh Halsey

Feb. 3, 1845

178

Bureau of Customs.

STATE ENGINEERS.

ENGINEERS.

■LECTED.

ENGINEERS.

ELECTED.

Charles B. Stewart

Nov. 2, 1817
Nov. 6, 1849
Nov. 4, 1851
Sept. 21, 18*3
Dec. 10, 18.53
Nov. 8, 1853
Nov. 7, 1855
Nov. 3, 1.S.57
Nov. .5. 1861
Nov. 7, 18fio

Van Rensselaer Richmond

Nov. 5, 18fi7

William B. Tavlor

Nov. 7, 1871

William .1 McAluine 1

Sylvaiius II. Sweet

John D. Van Buren, Jr

Nov. 4 1873

Wheeler H. Bristol 2

Nov. 2, 1875

Hfnrv Ranispv 3

Horatio Seymour, Jr.*

Nov. 6 1«77

John T Olark

Silas Seymour

Nov 8 18^1

Elnathan Sweet*

Nov. 6. 18»3

A'an UtMisschier Kicliniond •••

John Bogart

Nov. 8 1887

William 15 Tuj'lor

J Plutt tiooclsell

CUSTOMS.

The Tleeeiver-General under the governments of the province
of New Netherland and the colony of New York was tlie Collector
of the Port, there was also a Surveyor and Searcher of the Port
and other officers. The Collector was appointed by the Commis-
sioners of the Customs in London, by virtue of a warrant of the
Lords Commissioners of the Treasury, and received a salary of £55
sterling ; the Comptroller^ appointed by the same authority, re-
ceived the same salary ; the Surveyor and Searcher, £60 sterling ;
the Land "Waiter, £50 sterling ; the Tide Surveyor, £60 sterling ;
three Tide "Waiters, £30 sterling each ; the Naval Officer appointed
by the Crown, no salary. Most of these officers were recipients of
a large amount of fees.

Besides these, the Governor appointed two Gangers of Liquors
subject to provincial duty, and two provincial Land and Tide Wait-
ers, the former receiving a salary of £30 and the latter £50 New
Tork currency.

On the institution of the State government, the Legislature pro-
vided for a Collector of Customs, and voted large sums to the
Continental Congress from the revenues. On the adoption of the
Federal Constitution, State officers of customs were abolished.
"We present the entire list here.

OFFICERS OF THE PORT.
COMPTROLLERS.

NAMB.

APPOINTED.

NAME.

APPOINTKD.

.Tona.1 (le Decker „

Dec. 20, 1657

Mav 1, 16f)8

Sept. 20, 1677

16118

17(K)

William Carter

May 5, 1702
1720

Isaac Bedloo

Hotiert I'illiston

.lohri Sharpe

April 23, 17.55
1760

Thomas I'almer

Luni-bert Moore

Kichttrd Ashllelil

1 RetilKDed Augual I, 18i3. 2 Apiwiiited ; declined.

3 Appoioted.

Re-elected.

Officers of the Port of New York,
officers of the port,

179'

RECEIVERS-GENERAL.

William de Key

Roelof .Tansen de Haes

Oornelis van 'fienhoven

Adiiaen van Tienhoven

Cornelis van Ruyven .1

Nicolas Bayard

Thomas Uelavall

Cornelis van Ruyven

William Dyre

Anthony Brockholles ,

Lucas Santen

James Graham 1

Stephen Cortland 1

Matthew Plowman

Nicholas Bayard 1

Paulus Richanls 1 A..

Thomas Wenham 1

John Haynes 1

Peter Delanoy

Chidley Brooke

Caleb Heathcote 1

Thomas Monsey 1

Stephen vanCortlandt 1

Thomas Monsey 1

Ducie llungerford 2

Thomas Weaver

Caleb Heathcote ]

Thomas Wenham 1

Peter Fauconnier 1

Thomas Byerley

Peter Fauconnier 1

Thomas Byerley

Abraham De Peyster 1

Thomas Byerley

James Dixon

Thomas Byerley

Archibald Kennedy

Oliver De Lancey

Robert Temple 3 ,

Andrew Elliott

COLLECTORS OF CUSTOMS.

John Lamb 4

John Lamb

Joshua Sands

David Gelston

Jonathan Thompson

Samuel Swartwout

Jesse Hoyt

John I. Morgan

Edward Curtis

C. P. Van Ness

Cornelius W. Lawrence

Hugh Maxwell ,

Daniel S. Dickinson

Greene C. Bronson

Heman J. Kedfleld

Augustus Schell

Hiram Barney

Simeon Draper

Preston King

Henry A. Smyth ,

Moses H. Grinnell

Thomas Murphy ,

Chester A. Arthur

Kdwin A. Merritt

William H. Robertson

Edward L. Hedden

Daniel Magone4

SURVEYORS OF CUSTOMS.

John Lasher 6

John Lasher

William S. Smith

Peter A. Schenck

John Hoff.

Joseph G. Swift

Peter Stagg

Mordecai M. Noah _ „,

Hector Craig

APPOINTED.

Aug.
Mch.
Aug.

June

Sept.

May

July

May

Feb.

Mch.

Nov.

June

July

Oct.

June

July

Mch.

June

Sept.

April

Feb.

Oct.

Jan.

May

April

June

Jan.

4, 1644
11, lfi47
— , 11)49
1652
— , 1651;
20, KiG:!

n, 16G1

1, I6SS

2, 1674
2, IfiSl

17, 16S3

25, 1687

25. 1687

4, 1687

25, 16Sy

25, 1689

25, 16811

25, 1689

1, 1689

1691

24, 1695

24, 1695
7, 1698
7, 1698

12, 1698

25, 1699
9, 1702
9, 1702
9. 1702

26, 1702

17, 1705
6, 1707

18, 1708
17, 1709

4, 1717
11, 1718

9, 1722
24, 1763
24, 1763

19, 1761

Mch.

April

July

Nov.

Mch.

June

July

May

Mch.

April

Oct.

Mch.

Sept.

Aug.

May

Mch.

July

Nov.

July

May

July

Aug.

22, 1784
29, 1791

26, 1797
9, ISIIl

29, 1820
29, 1830
29, 1838
1, 1844
18,, 1841

29, 1844
1, 1845

16, 1849

30, 1853
8, 1S53

22, 1853
25. 1857

27, 1361
7, 1864

12, 1865
Up, 1866
29, 1869

13, 1870

20, 1871

21, 1878
18, 1881

1, 1885
10. 1886

Nov.

Mch.

June

Mch.

Aug.

Nov.

Jan.

April

Jan.

19,1784
21. 1791
24,1800
21,1806
23, 1813
13,1818
22,1827
25, 1829
10,1833

SURVEYORS.

Eli Moore Ju

APPOINTED.

Mch.
June
-Mch.
Mch.

.Mch.

Mch.

July

Sept.

Mch.

Dec.

July

Mch.

Wm. Taggart

Henry C. Atwood

Elijah F. Purdy

Zehedee Ring

.lohn Cochrane

Emanuel B. Hart

Rufus F. Andrews

Abrara Wakeman

Alonzo B. Cornell

George II. hharpe

Edwin A. Merritt

Charles K. Graham ,

James L- Benedict

ITans S. Beattie j July

NAVAL OFFICERS OF CUSTOMS.

Benjamin Walker

Richard Rogers m..

Samuel Osgood

John Ferguson

Enos T. Throop

AVilliani S. Coe

Thomas Lord

Jeremiah Towle

Michael Hoflman

Cornelius S. Bogardus

Philip lious

David A. Bokee

Heman J. Redfield

.lonn R. Bedhead

Ausburn Binlsall

George Denison

Moses F. Odell

John A. Di.x

Eclwln A. Merritt

Moses H. Grinnell

Addison H. Latlin

Alonzo B. Cornell

Silas W. Burt

Charles K. Graham

Silas W. Burt „„

APPRAISoKS Of MERCHANDISE.

Ichabod Pratt ,

Abraham R. Lawrence

Frederick Jenkins

.leromus Johnson

William S. Coe

Abraham B. Mead

Abram B. Vanderpool

Meigs D. Benjamin

Edward Taylor

Mathias B. Edgar

John S. McKibbin

George Dillon