lieved to see the goodness of the Lord in the land of the CHAP. XII. living."* 1691. Special sion of Terminer. Councilors Dudley, Van Cortlandt, and Brooke were ap- 23 March. pointed to examine the prisoners with a view to their committal for trial. The prisoners asked Sloughter for a hearing before himself, under the reference to him by the Privy Council of the previous October. But that order did not. relate to the recent transactions, which the governor judged it proper should be tried by a court. A special commission of Oyer and Terminer was accordingly ordered, under the 24 March. king's large authority to Sloughter. The court consisted commisof Joseph Dudley and Thomas Johnson, whom the govern- Oyer and or forthwith appointed judges in admiralty, together with 26 March. Sir Robert Robinson, formerly governor of Bermuda; Colonel William Smith, Recorder Pinhorne, and John Lawrence, of the Council; Captain Jasper Hicks, of the frigate Archangel; Major Ingoldesby; and Colonel John Younge, and Captain Isaac Arnold, of Long Island, or any six of them, "one of the Judges always being one." This court was composed of persons "most capable of discerning the truth, and the least prejudiced to those people; who indeed executed their commission with all the lenity and patience imaginable." The prisoners were committed to the custody 26 March. of Sheriff Lyndall, of New York, for trial before this tribu- oners comnal on a charge of traitorously levying war against the king the sheriff. and queen, counterfeiting their majesties' great seal, murdering Josiah Browne, and other high misdemeanors. Councilors Bayard, Van Cortlandt, and Pinhorne were directed 30 March. to prepare the evidence, and Nicolls, Farewell, and Emott were assigned as king's counsel to assist Attorney General Newton.† The pris mitted to Their in by the When the trial came on, the indictment found by the April. grand jury charged the prisoners with treason and murder dictment "for holding by force the King's fort against the King's grand jury. Governor, after the publication of his Commission, and he had thereby become Chief Magistrate, and after demand had been made in the King's name, and in the reducing of * Council Min., vi., 3, 5, 6; Col. Doc., iii., 721, 756, 761, 767, 768; iv., 219, 551, 847; Min. of N. Y. Com. Council, i., 353; Smith, i., 112; Dunlap, i., 206; Murphy's Anthology, 114; N. Y. H. S. Coll. (1868), 406; ante, 630. † Council Min., vi., 5, 6, 7, 8, 9; Doc. Hist., ii., 153, 204, 205; Col. Doc., iii., 625, 663, 701, 747, 760, 767, 794; Col. MSS., xxxiv., 80; xxxvi., 32; xxxvii., 93, 94; N. Y. Wills, iv., 336; Smith, i., 110;` Dunlap, i., 206; N. Y. H. S. Coll. (1868), 311, 323, 364, 405; ante, 599, 631. 1691. Petit jury. Milborne refuse to plead. CHAP. XII. which lives had been lost." There was nothing alleged against them for any previous irregularities or usurpations of authority. The petit jury was "composed of youths and other bitter men." Eight of the prisoners pleaded not Leisler and guilty. But Leisler and Milborne refused to plead “until the power be determined whereby such things have been acted," and they insisted that the court should first decide whether the king's letter to Nicholson of 30 July, 1689, "had not given Captain Leisler an authority to take upon him the Government." This was simply begging the question. The court, however, would give no answer until the prisoners had pleaded, which they refused to do. Upon this, the court thought it best to ask the governor and Council whether the king's letter, or any of the papers which had been referred to Sloughter by the Privy Council," can be understood or interpreted to be and contain any power and direction to Captain Jacob Leisler to take the Government of the Province upon himself, or that the administration thereupon be to be holden good in law." Sloughter and 13 April. his counselors accordingly declared their opinion" that the the govern- aforesaid letters to Captain Nicholson, nor any other papers Council on in the packet directed to his Excellency for a report, conthe king's tains any power or direction for the government to the said Nicholson. Captain Leisler." Announcing this decision as its own, the Opinion of or and prison ers con victed. court again called on Leisler and Milborne to plead to the indictment. But this they obstinately refused to do, and, “after several hearings as mutes" during eight days, the Eight of jury found them guilty, along with Abraham Gouverneur, thepo Gerardus Beekman, Johannes Vermilye, Thomas Williams, Myndert Coerten, and Abraham Brasher. The jury, however, acquitted De la Noy and Edsall. Sentence of death, according to the barbarous English law then in force, was at once pronounced by Dudley, the presiding judge, upon the eight condemned criminals. "By the advice of the 20 April. Judges," the governor reprieved the prisoners, upon their sentenced petition, until the king's pleasure should be known," unless prieved. any insurrection of the people necessitate their execution."* Two acquitted. Prisoners and re In obedience to the orders of the Privy Council, Slough * Col. Doc., iii., 606, 759, 760, 762, 766, 767, 789, 792, 794, 811; iv., 215; Doc. Hist., ii., 206, 207, 208, 209, 211, 213, 217, 222, 235, 241, 248; Council Min., vi., 14, 59; Chalmers's Annals, i., 594, 612; ii., 71, 72; Rev. Col., i., 249; Assembly Journals, i., 7; Smith, i., 110, 111; Dunlap, i., 206, 207; N. Y. H. S. Coll. (1868), 311–317, 323, 350–364, 385, 406; ante, 593, 594, 597. 1691. Blagge's answered. Sloughter's ter promptly examined into the allegations in the address CHAP. XII. of the merchants and other inhabitants of New York to the king against Leisler, and found them "severally true, and that they have been very modest in their relation." The memorial of Blagge was reviewed and answered by Bayard 27 April. and Nicolls, and the governor was "very well satisfied with memorial the truth thereof." In his report to England, Sloughter re- 7 May. marked that, during his absence, Ingoldesby "did behave reports to himself with much prudence and discretion, and make it England. his whole care to prevent bloodshed, and had he not been covered by the militia, this place had been too hot for him. I was joyfully received amongst them. I find those men against whom the depositions were sent, to be the principal and most loyal men of this place, whom Leisler and Milborne did fear, and therefore grievously oppress. Many that followed Leisler are well enough affected to their Majesties' Government, but through ignorance were put upon to do what they did; and I believe if the chief ring-leaders be made an example, the whole country may be quieted, which otherwise will be hard to do." In his letters 27 March to Secretary Nottingham and the Plantation Committee, 7 May. Sloughter declared that "the loyal and best part of the country is very earnest" for the execution of the prisoners, but advised that, "if his Majesty shall please to grant his pardon for all except Jacob Leisler and Jacob Milborne, it will be a favour." As Clarkson was the provincial secretary by royal patent, the governor and Council appointed 15 April. David Jamison, the Scotch "Sweet Singer," who had come clerk of the back from Boston, to be its clerk. The affairs of Albany and its neighborhood having been considered in Council, letters were ordered to be written to Virginia, Maryland, Letters to and the other adjoining colonies, asking assistance to New and other York against the French and Indians, "the common enemy of the English in America." Domine Dellius, who had hastened back to New York after the fall of Leisler, was now, in consideration of his services among the Mohawks, 18 April. allowed the sixty pounds "formerly paid yearly to two Rom- turns and ish Priests that attended on Governor Dongan."† * Council Min., vi., 20, 21; Col. Doc., iii., 731–750, 756-768; Doc. Hist., ii., 220–223; Chalmers's Annals, i., 610, 611; ante, 631. + Council Min., vi., 15, 17, 18; Col. MSS., xxxvii., 163; Col. Doc., iii., 771, 772; iv., 489; ante, 407, 408, 487, 511, 555, 596, 624. II.-S s 6 May. Jamison Council. Virginia colonies. Dellius re is reward ed. meets. bers. CHAP. XII. On the appointed day the Assembly which Sloughter had summoned met in the city of New York. It was the first 1691. time that the popular representatives of the province had 9 April. Assembly convened under the direct authority of the English crown. The metropolis elected James Graham, after a contest with Its mem- Abraham de Peyster, and William Merrett, Jacobus van Cortlandt, and Johannes Kipp. Albany chose Dirck Wessells and Levinus van Schaick; Ulster and Dutchess, Henry Beekman and Thomas Garton; Westchester, John Pell; Richmond, Elias Duksberry and John Dally; Suffolk, Henry Pierson and Matthew Howell; Queens, John Bound and Nathaniel Pearsall; Kings, Nicholas Stillwell and John Poland. Rensselaerswyck afterward sent Killian van Rensselaer. All the elected burgesses took the appointed oaths, with the Test, except those from Queens county, who scrupled because they were Quakers; in whose places Daniel Whitehead and John Robinson were returned. William Demire was also chosen from Ulster in place of Garton, who "could not attend." The members, who were all opposed to Leisler, chose James Graham, of New York, for their speaker, and John Clapp, who had drawn up the Queens county letter of November, 1690, their clerk. For many years, in want of better accommodation, the Assembly "sat in a Tavern.”* Speaker and clerk. Speeches of Assembly. The governor and "President" Dudley each made speechand Dudes to the Assembly, advising them to prepare an address to ley to the their majesties, as well as laws to establish courts of justice, to maintain ministers in every town, to quiet the troubles in the province, to support the garrison at Albany, and to continue the revenue. As its first work, the Assembly took 15 April. up a petition "by several Freeholders, inhabitants within this Province, setting forth several oppressions and hardships executed upon their Majesties subjects in this Province by Jacob Leisler, Samuel Edsall, and others." Upon consideration, the House resolved unanimously that LeisLeisler's ler's acts had been tumultuous, illegal, arbitrary, destructive, and rebellious; and that the tragedy at Schenectady could only be❝ attributed to the disorders and disturbances 17 April. Its resolu tions against arbitrary acts. * Assembly Journals, i., 1–10, 177, 191; Council Journals, i., 1–6, 216, 220; Col. Doc., iii.. 756, 761, 768, 789, 792, 795; iv., 215, 847, 1115; Doc. Hist., ii., 230; Smith, i, 112, 113; Dunlap, i., 207; ii., App. xlvii., xlviii.; ante, 625, C26. 1691. 18 April. of those who had usurped a power contrary to their Maj- CHAP. XII. esties authority, and the right of government over this Province." This expression of the popular voice of New York was agreed to by the governor and Council, and ordered to be published. In answer to Sloughter's request for their opinion concerning a reprieve to Leisler and Milborne, the Assembly resolved "that their Majesties have 20 April. only intrusted that matter of reprieving with his Excellency alone, and they dare not give their opinion thereupon." At the same time they presented him an address, "That as is April. in our hearts we do abhorr and detest all the rebellious ar- abhorred bitrary and illegal proceedings of the late usurpers of their sembly. Majesties' authority over this Province, so we do, from the bottom of our hearts, with all integrity, acknowledge and declare that there are none that can or ought to have to rule and govern their Majesties subjects here, but their Majesties' authority, which is now placed in your Excellency."* Rebellion by the As sembly re the coloni void. A few days afterward, upon information "That the sev- 24 April. eral laws made formerly by the General Assembly and his late Royal Highness, James, Duke of York, &c., and also the several ordinances or reputed laws made by the preceding governors and councils, for the rule of their Majesties' subjects within this Province, are reported amongst the people to be still in force," the House resolved unanimous- The Asly,“That all the laws consented to by the General Assem-solves that bly, under James, Duke of York, and the Liberties and al laws of Privileges therein contained, granted to the People, and de- James are clared to be their Rights, not being observed, and not ratified and approved by his Royal Highness, nor the late King, are null, void, and of none effect: And also the several ordinances made by the late Governors and Councils, being contrary to the Constitution of England, and the practice of the government of their Majesties other Plantations in America, are likewise null, void, and of none effect nor force within this Province." Whatever may have been The Counthe motive for this extraordinary resolution, the Assembly did not present it to the governor and Council for their concurrence, and therefore it never had any legal effect in Assembly Journals, i., 2-7; Council Journals, i., 2-4; Smith, i., 113, 114; Doct. Hist., ii., 207, 208. cil does not concur in this resolu tion. |