vaft Tract of Land, to prevent the Neceffity of their fubmiting to the French in Cafe of a War; that his Majefty had given out of his Exchequer two Thousand five hundred Pounds Sterling for Forts, and eight hundred Pounds to be laid out in Presents to the Indians; and that he had also fettled a Salary of three hundred Pounds on a Chief Juftice, and one hundred and fifty Pounds on the Attorney-General, who were both now arrived here.

The Fire of Contention, which had lately appeared in the tumultuous Elections, blazed out afresh in the Houfe. Nicoll, the late Counsellor, got himself elected for Suffolk, and was in Hopes of being feated in the Chair: but Abraham Governeur was chofen Speaker. Several Members contended, that he, being an Alien, was unqualified for that Station. To this it was answered, that he was in the Province in the Year 1683, at the Time of paffing an Act to naturalize all the free Inhabitants, profeffing the Christian Religion; and that for this Reason, the fame Objection against him had been over-ruled at the laft Affembly. In Return for this Attack, Governeur difputed Nicoll's Right of fiting as a Member of that House. And fucceeded in a Resolve, that he and Mr. Weffels, who had been returned for Albany, were both unqualified according to the late Act, they being neither of them Residents in the respective Counties for which they were chofen. This occafioned an imprudent Seceffion of feven Members, who had joined the Intereft of Mr. Nicoll; which gave their Adversaries an Opportunity to expell them, and introduce others in their Stead.

Among the first Oppofers of Captain Leifler, none was more confiderable than Mr. Livingston. The Meafures of the Convention at Albany were very much directed by his Advice; and he was peculiarly obnoxious to his Adverfaries, because he was a Man of Senfe and Refolution, two Qualifications rarely to be found united in one Perfon at that Day. Mr. Livingston's Intimacy with the late Earl, had, till this Time, been his Defence, against the Rage of the Party which he had formerly oppofed; but as that Lord was now dead, and Mr. Living fton's Conduct in Council, in Favour of Colonel Smith, had given fresh Provocation to his Enemies, they were fully bent upon his Deftruction. It was in Execution of this Scheme, that as foon as the difputed Elections were over, the House proceeded to examine the State of the publick Accounts, which they partly began at the late Affembly.

The Pretence was, that he refused to account for the publick Monies he had formerly received out of the Excife; upon which, a Committee of both Houfes

O 2

Houses advised the paffing a Bill to confifcate his Estate, unless he agreed to account by a certain Day. But instead of this, an Act was afterwards paffed to oblige him to account for a Sum amounting to near eighteen Thoufand Pounds. While this Matter was tranfacting, a new Complaint was forged, and he was fummoned before another Committee of both Houses, relating to his procuring the Five Nations to fignify their Defire that he should be fent Home to follicit their Affairs. The Criminality of this Charge can be feen only through the partial Opticks, with which his Enemies then scaned his Behaviour. Befides, there was no Evidence to fupport it, and therefore the Committee required him to purge himself by his own Oath. Mr. Livingston, who was better acquainted with English Law and Liberty, than to countenance a Practice fo odious, rejected the infolent Demand with Difdain; upon which, the House, by Advice of the Committee, addreffed the Lieutenant-Governour, to pray his Majesty to remove him from his Office of Secretary of Indian Affairs, and that the Governour, in the mean Time, would suspend him from the Exercise of his Commiffion *.

It was at this favourable Conjuncture, that Jacob Leifler's Petition to the King, and his Majesty's Letter to the late Earl of Bellomont, were laid before the Assembly. Leifler, difpleased with the Report of the Lords of Trade, that his Father and his Brother Milborne had fuffered according to Law, laid his Cafe before the Parliament, and obtained an Act to reverfe the Attainder. After which, he applied to the King, complaining that his Father had difburfed about four Thoufand Pounds, in purchasing Arms and forwarding the Revolution; in Confequence of which he procured the following Letter to Lord Bellomont, dated at Whitehall the 6th of February

699

170

"MY LORD,

T

HE King being moved upon the Petition of Mr. Jacob Leifler, and having a gracious Sense of his Father's Services and Sufferings, and the ill Circumstances the Petitioner is thereby reduced to, his Majesty is pleased to direct, that the fame be tranfmitted to your Lordship, and that you recommend his Case to the general Assembly of New

* Mr. Livingston's Reason for not accounting ers were taken into the Hands of the Governwas truly unanfwerable; his Books and Vouch- ment, and detained from him. "York,

"York, being the only Place, where he can be relieved, and the Prayer of "his Petition complyed with. I am,

As foon as this Letter and the Petition were brought into the House, a Thousand Pounds were ordered to be levied for the Benefit of Mr. Leifler, as well as several Sums for other Persons, by a Bill for paying the Debts of the Government; which nevertheless did not pass into a Law, till the next Seffions. Every Thing that was done at this Meeting of the Affembly, which continued till the 18th of October, was under the Influence of a Party Spirit; and nothing can be a fuller Evidence of it, than an incorrect, impertinent, Address to his Majesty, which was drawn up by the House, at the Clofe of the Seffion, and figned by fourteen of the Members. It contains a tedious Narrative of their Proceedings, relating to the difputed Elections, and concludes with a little Incense, to regale fome of the then principal Agents in the publick Affairs, in these Words:

"This neceffary Account of ourselves and our unhappy Divifions, "which we hope the Moderation of our Lieutenant-Governor, the Wif "dom and Prudence of William Atwood, Efq; our Chief Juftice, and Thomas Weaver, Efq; your Majefty's Collector and Receiver-General, might have healed, we lay before your Majefty with all Humility, and deep Senfe of your Majefty's Goodness to us, lately expreffed in fending over fo excellent a Perfon to be our Chief Justice."

The News of the King's having appointed Lord Cornbury to fucceed the Earl of Bellomont, fo ftrongly animated the Hopes of the Anti-Leiflerian Party, that about the Commencement of the Year 1702, Nicholas Bayard promoted several Addreffes to the King, the Parliament, and Lord Cornbury, which were fubfcribed at a Tavern kept by one Hutchins, an Alderman of the City of New-York. In that to his Majefty, they affure him, "That the late Differences were not grounded on a Kegard to his Interest, "but the corrupt Designs of those, who laid hold on an Opportunity to "enrich themselves by the Spoils of their Neighbours." The Petition to the Parliament says, that Leifler and his Adherents gained the Fort at the Revolution without any Oppofition; that he oppreffed and imprisoned the

People

People without Cause, plundered them of their Goods, and compelled them to flee their Country, tho' they were well affected to the Prince of Orange. That the Earl of Bellomont appointed indigent Sheriffs, who returned fuch Members to the Affembly as were unduly elected, and in his Lordship's Efteem. That he fufpended many from the Board of Council, who were faithful Servants of the Crown, introducing his own Tools in their Stead. Nay they denied the Authority of the late Affembly, and added, that the Houfe had bribed both the Lieutenant-Governour and the Chief Juftice; the one to pass their Bills, and the other to defend the Legality of their Proceedings. A third Addrefs was prepared, to be prefented to Lord Cornbury, to congratulate his Arrival, as well to prepoffefs him in their Favour, as to prejudice him against the oppofite Party.

Nothing could have a more natural Tendency to excite the Wrath of the Lieutenant-Governour, and the Revenge of the Council and Affembly, than the Reflections contained in thofe feveral Addreffes. Nanfan had no fooner received Intelligence of them than he fummoned Hutchins to deliver them up to him, and upon his Refufal commited him to Jail, on the 19th of January; the next Day Nicholas Bayard, Rip Van Dam, Philip French, and Thomas Wenham, hot with party Zeal, fent an imprudent Addrefs to the Lieutenant-Governour, boldly juftifying the Legality of the Address, and demanding his Discharge out of Cuftody. I have before taken Notice, that upon Sloughter's Arrival in 1691, an Act was passed, to recognize the Right of King William and Queen Mary to the Sovereign.ty of this Province. At the End of that Law, a Claufe was added in these Words, "That whatsoever Perfon or Perfons, fhall by any Manner of Ways, or upon any Pretence whatsoever, endeavour by Force of Arms or otherwife, to disturb the Peace, Good, and Quiet of their Majefties Government, as it is now established, fhall be deemed and efteemed as Rebels and Traytors unto their Majefties, and incur the Pains, Penalties, and Forfeitures, as the Laws of England have for fuch Offences made and pro"vided." Under Pretext of this Law, which Bayard himself had been perfonally concerned in enacting, Mr. Nanfan iffued a Warrant for commiting him to Jail as a Traitor, on the 21st of January; and left the Mob thould interpore, a Company of Soldiers, for a Week after, conftantly guarded the Prifon.

Through the Uncertainty of the Time of Lord Cornbury's Arrival, Mr. Nanfan chose to bring the Prisoner to his Trial, as soon as poffible; and for that Purpose iffued a Commiffion of Oyer and Terminer, on the 12th of

February,

February, to William Atwood, the Chief Justice, and Abraham De Peyster and Robert Walters, who were the puifne Judges of the fupreme Court; and not long after Bayard was arraigned, indicted, tried, and convicted of High Treafon. Several Reasons were afterwards offered in Arrest of Judgment; but as the Prifoner was unfortunately in the Hands of an enraged Party, Atwood over-ruled what was offered, and condemned him to Death on the 16th of March. As the Process of his Trial has been long fince printed in the State Trials at large, I leave the Reader to his own Remarks upon the Conduct of the Judges, who are generally accused of Partiality.

Bayard applied to Mr. Nanfan for a Reprieve, till his Majesty's Pleasure might be known; and obtained it, not without great Difficulty, nor till after a feeming Confeffion of Guilt was extorted. Hutchins, who was also convicted, was bailed upon the Payment of forty Pieces of Eight to the Sheriff, but Bayard, who refused to procure him the Gift of a Farm, of about fifteen hundred Pounds Value, was not releafed from his Confinement, till after the Arrival of Lord Cornbury, who not only gave his Confent to an Act for reverfing the late Attainders, but procured the Queen's Confirmation of it, upon their giving Security according to the Advice of Sir Edward Northey, not to bring any Suits against those who were concerned in their Profecution; which the Attorney-General thought proper, as the A&t ordained all the Proceedings to be obliterated.

After these Trials, Nanfan erected a Court of Exchequer, and again. convened the Affembly, who thanked him for his late Measures, and paffed an Act to out-law Philip French, and Thomas Wenham, who abfconded upon Bayard's Commitment; another to augment the Number of Reprefentatives, and feveral others, which were, all but one, afterwards repealed by Queen Anne. During this Seffion, Lord Cornbury being daily expected, the Lieutenant-Governour fufpended Mr. Livingston from his Seat in Council, and thus continued to abet Leifler's Party, to the End of his Adminiftration.

Lord Cornbury's Arrival quite opened a new Scene. His Father, the Earl of Clarendon, adhered to the Caufe of the late abdicated King, and always refused the Oaths both to King William and Queen Anne.. But the Son recommended himself at the Revolution, by appearing very early for the Prince of Orange, being one of the first Officers that deserted King James's Army. King William, in Gratitude for his Services, gave him a Commiffion for this Government, which, upon the Death of the King, wàs.