28 March, ors appointed by Rudyard were Lewis Morris, John Berry, CHAP. VII. and John Palmer. An Assembly was summoned to meet 1682. at Elizabethtown, at which East Jersey was divided into 13 Decem. four counties. One of them, Bergen County, was carefully 1683. described as containing "all the settlements between Hud- 1 March to son's River and Hackinsack River, beginning at Constable's Hook, and so to extend to the uppermost bound of the Province Northward, between the said Rivers." By this act the East Jersey Legislature honestly admitted that Staten Island belonged, as it really did, to New York.* Rudyard was soon afterward visited by William Penn, who ad- April. mired the land around Elizabethtown, "and said he had never seen such before in his life." But Amboy, at the mouth of the Raritan River, was meant to be the future great city of East Jersey. Delicious oysters abounded there, although clams were then esteemed "much better." Amboy was described as "extraordinary well situate for a 30 May. great town." The oysters of the "Chingerora" Creek were, and are, supremely good, and the channel was "broad and bold" from Sandy Hook to Amboy Point, where three houses had already been set up. But workmen were scarce; and Groom prophetically remarked that, "if no help comes, it will be long ere Amboy be built as London is."+ and New 1 April. In spite of the efforts of Canada, the fur trade was attracted from Montreal to Albany. De la Barre attempted Canada harsh measures, but only drove away his own colonists, of York. whom more than sixty went to live in New York. He therefore sent the Sieur de Salvaye to the governor of New York, 15 April. asking him to prevent such desertions. In reply, Brockholls 31 May. assured De la Barre that Andros had already done all he could to check runaways without passports to or from Canada; and that other measures must be left to his successor, Dongan, whose arrival was daily expected. « * Leaming and Spicer, 229; Whitehead's E. J., 95, 97, 98; Yonkers Gazette of 25 November, 1865, and 20 January, 1866; ante, 149. † Leaming and Spicer, 73, 141, 227-252; Entries, xxxiii., 48; S. Smith, 156, 166, 167-175, 539-546; Whitehead's East Jersey, 80, 83, 85, 89, 91, 95–98, 196–203, 211, 278-283; Contributions, 2-6; Sewell, 504; Scott's Model; Dankers and Sluyter. ‡ Charlevoix, ii., 305; Entries, xxxiii., 59, 60, 68; Col. Doc., iii., 455, 471; ix., 199, 200, 203, 205, 212, 215, 221, 326. II.—A A CII. VIII. 1682. Colonel governor of CHAPTER VIII. 1683-1685. DETERMINED to give his American province the franchises its people desired, the Duke of York sought an able colonial governor to take the place of Andros, who was now basking in London and in the Channel Islands. The man chosen by James was Colonel Thomas Dongan, born in Dongan, 1634, a younger son of an Irish baronet, Sir John Dongan, New York, and a nephew of Richard Talbot, afterward created Earl and Duke of Tyrconnel, in Ireland. William, the oldest son of Sir John, had been made, by Charles, Baron Dongan and Viscount Claine, in the Irish peerage. Thomas Dongan of course gained advancement by his brother's and his uncle's influence at the English court. Dongan was quickly promoted to be a colonel in the royal army, and, having been assigned to serve with his Irish regiment under Louis, was stationed for some time at Nancy. In 1678 he was ordered home from France, to his pecuniary loss; but was rewarded by Charles with a pension and the appointment of lieutenent governor of Tangier, in Africa, under Lord Inchiquin, whence he was recalled in 1680. Dongan was a Roman Catholic; enterprising and active; coveting money, yet “a man of integrity, moderation, and genteel manners. His experience in France was an important recommendation, because of the delicate relations between New York and Canada, and the necessity of managing them skillfully on the English side.* * Col. Doc., ii., 741; iii., 423, 460, 462, 463; ix., 200, 298, 323; Hutch. Coll., 542; Smith, i., 66; Narcissus Luttrell, i., 36, 52; ii., 103; iv., 465, 625; Evelyn, ii., 151; Beatson, ii., 110, 112, 188; Macaulay, ii., 48–50; Kennett, iii., 387, 391; Liber Hiberniæ, i., 10, 25; Lodge, ii., 46; v., 42, 52; Memoirs of Lady Fanshawe, 177, 178, 182; N. Y. Coun. Jour., i., Introd., xxxiii.; ante, 357. In December, 1685, Lord Dongan was made Earl of Limerick; and in 1690 he commanded a regiment of dragoons under James at the battle of the Boyne, for which he was outlawed by the government of William and Mary. Lord Limerick died at Saint Germains in 1698, and was succeeded in his titles by his brother Thomas: Commons' Journal, xii., 278. 1682. commis Dongan was accordingly appointed governor of New C. VIII. York. With one exception, his commission was like that which James gave to Andros in 1674. The only difference 30 Septem. was that East and West New Jersey, just released to others, Dongan's were excepted from Dongan's jurisdiction. But the west sion. side of the Connecticut River was still declared to be the eastern boundary of New York, and Pemaquid, Martha's Vineyard, and Nantucket were retained as its dependencies. The Delaware territory had been relinquished to William Penn. A separate commission as vice admiral, like that to Andros, was also given to Dongan by the Duke 30 October, of York as lord high admiral. After some delay, Brockholls was notified that the new governor would soon be at 4 Jan'y. his post, and, in the mean time, he would signify the duke's pleasure, in pursuance of his instructions.* 1683. instruc The preparation of Dongan's instructions was retarded 1682. by the proprietors of East Jersey, on whose behalf Sir 21 Decem. George Mackenzie, the lord register of Scotland, desired to tons delayhave their government "rather holden by charter from His ed. Royal Highness, than, as it is at present, by transmission from our authors, without any augmentation of our priv ileges, but, only to be under the Duke's immediate protection." This request was so vague that Werden had to in- 1683. quire whether the proprietors of New Jersey desired "to 4 Jan'y. join it to New York, as heretofore," and share in its advantages, or whether, in asking the duke's "protection," they wanted only a direct grant to them from himself. The latter being avowed as their real object, James readily executed an instrument by which, disregarding his release of 14 March. October, 1680, to the young Sir George Carteret, he confirmed East New Jersey to the Earl of Perth and his associates, together with all the powers granted in the royal patents to himself. The king also commanded all persons 23 Novem. "concerned in the said Province of East New Jersey" to yield obedience to its proprietors.† This Jersey episode having been arranged, Dongan's instructions were completed. They were carefully framed, apparently by James himself, as a full answer to the peti * Col. Doc., iii., 215, 328, 329, 330; Commissions, etc., i., 59, 61; ante, 262, 367. + Col. Doc., iii., 329, 330; Leaming and Spicer, 141-152, 604; Beatson, ii., 72; Clarke's James II., i., 731; Grahame, i., 481; Gordon, 50, 51; Whitehead, SS, 195, 196; Eastern Boundary, 31, 49; Yonkers Gazette, 6 January, 1866; ante, 342. CH. VIII. tion of June, 1681, and after Andros, Nicolls, Dyer, and Lewin had explained to his commissioners the real condi1683. tion of New York. Perhaps the frame of government Dongan's instructions from James. General Assembly. which Penn had published in the previous spring may have, in some degree, influenced the duke.* At all events, 27 Jan'y. James instructed Dongan on his arrival at New York to call together Frederick Phillipse and Stephen van Cortlandt, its only actual counselors, and other "most eminent. inhabitants," not exceeding ten in all, and swear them to allegiance to the king, fealty to the duke as "lord and proprietor," and official faithfulness as members of his counCounselors. cil. These counselors were to "enjoy freedom of debates and vote in all affairs of public concern;" but they might be suspended by the governor until the duke's pleasure should be signified. With the advice of his council, Dongan was, immediately after his arrival, to issue writs to the proper officers in every part of his government for the election of “a General Assembly of all the Freeholders by the persons who they shall choose to represent them," in order to consult with the governor and council "what laws are fit and necessary to be made and established for the good weal and government of the said Colony and its dependencies and of all the inhabitants thereof." This Assembly, which was not to exceed eighteen, was to meet in the city of New York. "And when," added the duke to Dongan, "the said Assembly so elected shall be met at the time and place directed, you shall let them know that for the future it is my resolution that the said General Assembly shall Powers of have free liberty to consult and debate among themselves all matters as shall be apprehended proper to be established for laws for the good government of the said Colony of New York and its dependencies, and that if such laws shall be propounded as shall appear to me to be for the manifest good of the country in general, and not prejudicial to me, I will assent unto and confirm them." All laws agreed to by the Assembly were to be submitted to the governor, the Assem bly. * Ante, 353, 354, 359. Several writers say that the Duke of York's instructions to Dongan were based upon the advice of Penn, after his visit to New York in November, 1682: ante, 367. I have seen no evidence to support this statement; and, from a comparison of dates and other circumstances, do not think it probable. †The oath required by the "Test Act" of 1673 was not imposed on officers in the British colonies until after the accession of William the Third, in 1689: compare Col. Doc., iii., 331, 369, 543, 623, 685; ante, 202, 264; post, 628. 1683. Effect of Dongan's powers. who could approve or deny them, according to his judg- CH. VIII. ment. Such laws were to be confirmed or rejected by the duke; yet they were to be "good and binding" until he should signify his disapproval-then they should "cease, laws. and be null and void." No man's life or property within the government of New York was to be taken away or harmed "but by established and known laws, not repugnant to, but as nigh as may be agreeable to the laws of the kingdom of England." None were to be admitted to public trusts "whose ill fame and conversation may bring scandal thereupon." With the advice of his council, the governor might establish courts similar to those in England, grant lands, set up custom-houses, regulate the militia, and build fortifications; but no war could be made without the duke's command, nor any duties levied until enacted by a colonial Assembly. Peculiar "immunities and privileges," New York proposed to be given to the metropolis, were to be reported. Pemaquid was to be regulated so as to secure "the best ad- Pemaquid. vantage" to New York. As soon as he could, Dongan must settle the boundaries of the "territories towards Connecticut." But no reference was made to religion, as in James's instructions to Andros.* city. considera moved Thus the inhabitants of New York were enabled by James to share colonial authority. This event occurred at a remarkable period. The political corporations, which so Political largely influenced English politics, were being remodeled. tions which Charles's "vigorous counsels and resolute methods" were James. chiefly owing to the advice of the Duke of York; and the abrogation of the New England charters, which contrasted unfavorably with that of Pennsylvania, was contemplated. These charters were prized by their grantees, not because they secured civil and religious liberty to all the inhabitants, but because they restricted colonial authority to the members of the corporations. The chartered oligarchies in New England had been watched with interest by the duke, who perceived that they were administered for the chosen few, and not for the unprivileged many. James was bigoted and imperious, but just. Excluded from holding office within England by its "Test Act," he naturally abhorred all laws which made distinctions in religion. In * Colonial Documents, iii., 218, 331-334; Council Journals, i., Introd., ix., x.; ante, 264. |