the people, and divided them into two parties. Those in office, and their
following, supported the governor, while the party of the people,
especially after the removal of the chief justice, were violently opposed
to the arbitrary act of the governor in removing a judge because his
decision was not as he wished, and to the favoritism which could, by an
_ex post facto_ order, divest any of the colonial officers of salary
earned and appropriated to individual use, and direct the amount to be
paid to a stranger who had performed no service for it. If this were
conceded, there would be little stability in the rights of British
subjects.
In the fall of 1733, Lewis Morris, being removed from the office of chief
justice, offered himself as a candidate for representative for the county
of Westchester in the assembly. Opposed to him was William Forster,
supported by the chief justice, James DeLancey, and the second judge,
Frederick Phillipse, who both appeared in person on the ground, and
exerted their influence to the utmost to defeat the election of Morris.
The account of this election, as told in the first number of the New York
Weekly Journal, reads like a page from the history of feudal times, when
the lords appeared upon the scene, followed by their retainers, ready for
contests in the lists or on the field of battle.
The high sheriff of the county, having, by papers affixed to the church of
East Chester and other public places, given notice of the day and place,
without stating any time of day when the election was to take place, the
electors for Morris were very suspicious of some intended fraud. To
prevent this, about fifty of them kept watch upon and about the Green at
East Chester, the place of election, from twelve o'clock the night before
until the morning of the appointed day.
The electors of the eastern part of the county began to move on Sunday
afternoon and evening, so as to be at New Rochelle by midnight. On their
way through Harrison's Purchase, the inhabitants provided for their
entertainment, there being a table at each house plentifully provided for
that purpose. About midnight they all met at the home of William LeCount,
at New Rochelle, whose house not being large enough to entertain so many,
a large fire was made in the street, at which they sat till daylight, when
they again began to move. On the hill, at the east end of town, they were
joined by about seventy horsemen, electors of the lower part of the
county, and then proceeded to the place of election in the following
order: First, rode two trumpeters and three violinists; next, four of the
principal freeholders, one of whom carried a banner, on one side of which
was affixed in golden capitals, KING GEORGE, and on the other side, in
like golden capitals, LIBERTY & LAW; next followed the candidate, Lewis
Morris, formerly chief justice of the province; then two colors. Thus, at
sunrise, they entered the Green of East Chester, the place of election,
followed by about three hundred horsemen, the principal freeholders of the
county (a greater number than had appeared for one man since the
settlement of the county). After riding three times around the Green, they
went to the houses of Joseph Fowler and Mr. Child, who were well prepared
for their reception.
About eleven o'clock appeared William Forster, the candidate of the other
side; after him came two _ensigns_, borne by two of the freeholders; then
came the Honorable James DeLancey, chief justice of the province of New
York, and the Honorable Frederick Phillipse, second judge of the province
and Baron of the Exchequer, attended by about one hundred and seventy
horsemen, freeholders, and friends of Forster. They entered the Green on
the east side and rode round it twice. As they passed, the second judge
very civilly saluted the former chief justice by taking off his hat, a
salutation which the former judge returned in the same manner. After this,
they retired to the house of Mr. Baker, who was prepared to receive and
entertain them.
About an hour after this the high sheriff came to town, finely mounted,
with housings and holster caps of scarlet, richly laced with silver. Upon
his appearance the electors on both sides went into the Green. After
reading his majesty's writ the sheriff directed the electors to proceed to
their choice, which they then did, a great majority appearing for Morris.
A poll was demanded and the sheriff insisted that a poll must be taken. A
poll was taken, and did not close until about eleven o'clock at night.
Morris, although the votes cast for him by thirty-eight Quakers were
rejected, because they would not take the oath, was elected by a large
majority.
The indentures being sealed, the whole body of electors waited on the new
representative, at his lodgings, with trumpets sounding and violins
playing and then took leave of him.
The foregoing follows the account which appeared in the New York Weekly
Journal, which was friendly to Morris. In the same number of this paper
the only item of local news is the following, which we reproduce in
fac-simile.
[Illustration: _NEW-YORK, Nov. 5._ On _Wednesday_ the 31st of _October_,
the late Chief Justice, but new Representative for the County of
_Westchester_, landed in this City, about 5 o'Clock in the Evening, at the
Ferry-stairs: On His landing He was saluted by a general Fire of the Guns
from the Merchants Vessels lying in the Road; and was receiv'd by great
Numbers of the most considerable Merchants and Inhabitants of this City,
and by them with loud Aclamations of the People as he walk'd the Streets,
conducted to the _Black Horse_ Tavern, where a handsome Entertainment was
prepar'd for Him, at the Charge of the Gentlemen who received Him; and in
the Middle of one Side of the Room, was fix'd a Tabulet with golden
Capitals, KING GEORGE, LIBERTY and LAW.
On Thursday last the House of Representatives were adjourned to the third
Teusday in _April_ next.]
Thus the Black Horse Tavern had become the rallying place and rendezvous
for the party of the people, and was, from this time, we have every reason
to believe, the place where they continued to meet to concert on measures
against prerogative and favoritism and against the arrogance and arbitrary
acts of the governor and his supporters. These sentiments were not new to
the people, but had been lying dormant, like smoldering embers, which
needed only a slight agitation to fan them into a flame. Not since the
time of Bellomont had there been so much bitterness displayed in party
strife.
Since 1725, a newspaper had been printed in New York, but William
Bradford, its printer, was in the pay of the government, and no item in
opposition to the governor or his friends was to be found in its pages. In
November, 1733, appeared the first number of the New York Weekly Journal,
printed by John Peter Zenger, and devoted to the support of the party of
the people, at the head of which were Lewis Morris and Rip Van Dam. It
soon began to make itself felt. It was eagerly read, its sarcastic,
reflections on the government, and its biting criticisms, furnishing a
weekly entertainment to the public, which drove the governor and his
friends almost to madness. Its effect was so keenly felt that it was
resolved, in council, that Zenger's papers, Nos. 7, 47, 48 and 49, and
also two certain printed ballads, as containing many things tending to
sedition and faction, to bring his majesty's government into contempt, and
to disturb the peace thereof, should be burned by the common hangman or
whipper, and that the mayor and magistrates should attend the ceremony.
This they refused to do and forbade the whipper, who was in the employ of
the city, to obey the order. His place was supplied by a negro slave of
the sheriff. Attempts were made to have Zenger indicted, but the grand
jury refused to bring in a bill.
In November, 1734, Zenger was arrested and imprisoned, by order of the
council, for printing seditious libels, and, for a time, was denied the
use of pen, ink and paper. In January, 1735, the grand jury not having
indicted him, the attorney-general filed an information against him. In
the meantime he was editing his paper through a hole in the door of his
cell. At the April term of court his counsel, James Alexander and
William Smith, the two ablest lawyers of New York, filed exceptions to the
legality of the commissions of the two judges. For this they were
silenced, and John Chambers was appointed by the court counsel for Zenger.
[Illustration: A. Hamilton]
[Sidenote: Trial of John Peter Zenger]
[Sidenote: Dinner at The Black Horse]
When the trial came on, in July, 1735, Andrew Hamilton, of Philadelphia, a
lawyer of great reputation, who had been secretly engaged, unexpectedly
appeared by the side of the prisoner. He was capable, eloquent and
audacious, and, in conjunction with Chambers, managed the case with so
much ability and skill that the jury, after being out only ten minutes,
returned with a verdict of _Not Guilty_, which was received with shouts
and cheers. The judges threatened the leaders of the tumult with
imprisonment, when a son of Admiral Norris, who was also a son-in-law of
Lewis Morris, declared himself the leader and invited a repetition of the
cheers, which were instantly repeated. Andrew Hamilton was hailed as the
champion of liberty. The corporation of New York shortly presented him
with the freedom of the city in a gold box, "for his learned and generous
defence of the rights of mankind and the liberty of the press." Zenger was
released from prison, after having been confined for more than eight
months. After the trial was concluded, the enthusiasm and demonstrations
of satisfaction centered at the Black Horse Tavern, where a splendid
dinner was given to Andrew Hamilton in celebration of his great victory.
At his departure, next day, "he was saluted with the great Guns of several
Ships in the Harbour as a public Testimony of the glorious Defence he made
in the Cause of Liberty in this Province." Governeur Morris stated to Dr.
John W. Francis his belief that "the trial of Zenger, in 1735, was the
germ of American freedom--the morning star of that liberty which
subsequently revolutionized America." The Black Horse Tavern, therefore,
if it was not the cradle of liberty, was certainly the nursery of those
sentiments which ripened into the Declaration of Independence. No spot in
New York is so closely identified with this victory for the rights of free
speech and for the liberty of the press, as the site of the Black Horse
Tavern, which is now occupied by an office building called Lord's Court.
Lewis Morris at this time was in London, where he had gone to lay his
grievances before the home government. His case came before the Committee
of the Council in November, 1735, "when the Lords gave it as their opinion
that the Governor's Reasons for Removing him were not sufficient." He was
not, however, restored to the office of chief justice, but was appointed
governor of New Jersey, where he had large interests, and where the people
had long desired to have a government separate and distinct from New
York.
Many writers have erroneously asserted that the Black Horse Tavern was the
resort of the friends of the governor, where balls were given by the
aristocratic members of society, and that Robert Todd was its landlord;
but all that is necessary to clear up this mistake is to pay careful
attention to the files of the two rival newspapers of that day, Bradford's
Gazette and Zenger's Journal.
On Broad Street, near the corner of Dock Street (the present Pearl
Street), Robert Todd, vintner, kept his house, which became, indeed, the
favorite place for the balls and entertainments of the governor's party,
as was the Black Horse Tavern for the party of the people. On October 9,
1735, the governor was invited "to a very splendid entertainment provided
for him at Mr. Todd's in order to Congratulate his Excellency upon his
safe Return from Albany, where he had been to renew the Treaty of Peace
and Friendship with the Six Nations of Indians." After dinner they drank
the healths of the different members of the royal family and the health of
his excellency and prosperity to his administration--"the music playing
all the while." "His Excellency was also pleased to Drink Prosperity to
Trade, and at the same time, in a very obliging manner, assured the
Gentlemen there, That if they could think of any Methods to Promote and
Encourage the Trade and Welfare of this Province, he would heartily
contribute every Thing in his Power thereto." In the evening the house was
illuminated.
[Sidenote: Anniversary of the Coronation]
Two days after this, on the 11th of October, the anniversary of the
coronation was celebrated at the Fort, when the healths of the King and
Queen and the other members of the royal family were drank under the
discharge of cannon, "the two Independent Companies posted there, being
under arms all the time." In the evening the governor and his friends were
entertained at the house of Mr. Freeman, which was handsomely illuminated.
"The whole was concluded with Dancing and all the Demonstrations of Joy
suitable to the Day." Mr. Thomas Freeman was the son-in-law of Governor
Cosby.
At the same time, at the Black Horse Tavern, the house of John DeHoneur,
was made "a very handsome Entertainment in Honour of the Day for Rip Van
Dam Esq. President of His Majesty's Council. Matthias Norris Esq.
Commander of His Majesty's Ship, _Tartar_, and Capt. Compton, Commander of
His Majesty's Ship _Seaforth_." Thus we see that the commanders of the two
men-of-war lying in the harbor, honored with their presence and were
honored by the party of the people at the Black Horse Tavern; and this
accounts for the salutes given by the guns of the ships in the harbor to
honor Andrew Hamilton on his departure from the city the previous August.
"At Noon the Company met, and while the great Guns of his Majesty's Ship
Tartar were Firing they Drank the following Healths, the King, the Queen,
the Prince, Duke and Royal Family, the Prince and Princess of Orange, the
Glorious and immortal Memory of King William the third, Success to Coll.
Morris, in his Undertaking, to the speedy Election of a new Assembly,
Prosperity to the Corporation, my Lord Wiloughton, Duke of Dorset, Sir
John Norris and General Compton, and then the Company Din'd, in the
Evening the City was Illuminated, the Afternoon and Evening were spent
with all the Joy and Dancing suitable to the Occasion."
[Illustration: THE BALL AT THE BLACK HORSE]
The account of the celebration of the anniversary of the coronation at the
Fort is found in the New York Gazette, which makes no mention of the
celebration at the Black Horse Tavern. The New York Weekly Journal gives
an account of the celebration at the Black Horse Tavern, but makes no
mention of any celebration at the Fort. In the same way, the account of
the celebration of the birthday of the Prince of Wales, by the party of
the people, is given by the New York Weekly Journal of January 26, 1736,
as follows:
"The 19th instant being his Royal Highness the Prince of Wales's Birthday.
It was celebrated at the Black Horse in a most elegant and genteel manner.
There was a most magnificent Appearance of Gentlemen and Ladies. The Ball
began with French Dances. And then the Company proceeded to Country
Dances, upon which Mrs. Norris led up two new Country Dances upon the
Occasion; the first of which was called _The Prince of Wales_, and the
second, The Princess of Saxe-Gotha, in Honour of the Day. There was a most
sumptuous Entertainment afterward. At the conclusion of which the
Honourable Rip Van Dam Esq., President of His Majesty's Council, began the
Royal Healths, which were all drank in Bumpers. The whole was conducted
with the utmost Decency, Mirth and Cheerfulness."
[Illustration: "WHICH WERE ALL DRANK IN BUMPERS"]
No mention is made of any celebration at the Fort. The New York Gazette
has the following account of the celebration of the governor's party:
"On the 20th Instant, being the Anniversary of His Royal Highness the
Prince of Wales's Birthday, the Royal Healths were drank at the Fort, by
the Gentlemen of the Council, and the Principal Merchants and Gentlemen of
the Place. The Continuance of the Governour's Indisposition hinder'd the
Celebration of the day with the usual solemnity at the Fort; However there
was a Ball in the Evening at Mr. Todd's, at which there was a very great
appearance of Gentlemen and Ladies, and an Elegant Entertainment made by
the Gentlemen, in honour of the Day."
[Illustration: "THE VIOLIN AND THE GERMAN FLUTE BY 'PRIVATE HANDS'"]
At the Black Horse, committees of the assembly met for the transaction of
public business, but the conferences of committees of the two houses were
held at the house of Robert Todd. Here, on the 4th of November, 1736, a
conference was held of committees from the council and assembly, to
prepare an address to his majesty on the nuptials of his Royal Highness
the Prince of Wales. It seems also to have been a place for public
entertainments. A concert of vocal and instrumental music was given here,
January 21, 1736, for the benefit of Mr. Pachelbell, the harpsicord part
performed by himself, the songs, violin and German flutes by "private
hands." Again on the 9th of March, 1736, this was repeated, when it was
announced that tickets could be had at the Coffee House, at the Black
Horse and at Mr. Todd's; at 4 shillings each. Mr. Pachelbell was probably
the music teacher, and was assisted in the concert by his pupils or
friends. On the evening of January 6, 1745, a concert was given at the
house of Robert Todd, for the benefit of Mr. Rice, which the newspaper
affirms was "thought by all competent judges to exceed anything of the
kind ever done here before."
When Samuel Bayard died, in 1745, he left the house on Broad Street next
adjoining the DeLancey house, which afterwards became the noted Fraunces
Tavern, to his son, Nicholas, which he states in his will, was in the
tenure of Robert Todd. It had been occupied by him for at least eight
years; earlier, his house is described as next to the Exchange Coffee
House.
Among the last acts of Governor Cosby was that declaring Rip Van Dam
suspended from the council. This was to prevent Van Dam, as senior member
of the council, from succeeding him and again becoming acting governor.
After the death of Cosby, Van Dam and his friends declared this
suspension illegal, and Van Dam made an effort to obtain control, but
George Clarke, next in order, was supported by the council and also by the
assembly, when it convened, and in the course of a few months received his
commission from England as lieutenant-governor, which put an end to the
claims of Van Dam. Clarke received from Cosby a legacy of trouble, but he
was an astute politician and a much abler man than Cosby. He is credited
with the policy of making it appear that the governorship of New York was
not a desirable post, and by this means held his office for many years,
and then retired to England with a competency. The community continued to
be divided by party strife. The government party were, in derision, called
"courtiers," and they in turn characterized the opposition as a Dutch mob.
A visitor to New York in 1739 describes the different parties as
courtiers, Zengerites, the prudents and the no-party-men; and states that
there was much bitterness displayed, and that the women were as zealous
politicians as the men.
[Sidenote: Exchange Coffee House]
From the time of the establishment of a coffee house on Broadway, in 1696,
until about 1738, there had been but one coffee house in New York, so far
as we can ascertain. The first coffee house, called also the King's Arms
Tavern, disappears from our view in 1709, and we hear no more of any
coffee house until 1729, when we find that there was then a coffee house
also called the King's Arms supposed to be situated in Broad Street near
the exchange, and called the Exchange Coffee House. It had probably had a
continued existence during this interval. During the time of political
excitement preceding and following the trial of Zenger, it appears to have
been, with the house of Robert Todd, the resort of the "courtiers," as the
supporters of the governor and his party were called. In March, 1731,
there was a sale of several lots of land by auction at this house, and
after the death of Governor Montgomerie, his library, a collection of
valuable books, was announced to be sold on the 1st of June, 1732, and
notice was given that a catalogue of the books and conditions of sale
might be seen at the Coffee House. In October, 1732, the late governor's
barge, which he had used in making visits to his government of New Jersey,
with awning, damask curtains, two sets of oars, sails and everything
necessary for her, were sold by auction at the Coffee House. It seems at
this time to have become a place for public sales of all kinds and for the
transaction of all kinds of business.
In 1747 it was on the corner of Broad and Dock (now Pearl) Streets and its
landlord was David Cox, who gave it up in 1749, when Andrew Ramsay, who
was then the landlord of a tavern in Dock Street, announced that he had
opened the Exchange Coffee House next door to where Mr. Cox lately kept
it. This was the house known some years before as the Fighting Cocks. When
Ramsay purchased the unexpired part of the lease of the Long Island ferry,
in 1750, and moved to the ferry house on the Long Island side of the
river, he was succeeded by Richard Clarke Cooke, who describes his house
as the Gentlemen's and Exchange Coffee House and Tavern at the Sign of the
King's Arms. His occupancy was of short duration. Anne Stockton made an
attempt to establish an ordinary in it, but at the end of about a month
she gave notice that she "has declined, and is advised to teach young
Ladies to sew and embroider and Millinery."
George Burns then became the landlord of the King's Arms, which appears no
longer to be known as a coffee house, and which was brought back to its
former location on the corner. Benjamin Pain appropriated the name of
"Gentlemen's Coffee House"--and carried it to Broadway, where he opened a
house in April, 1751.
In January, 1753, a committee of the common council met at the house of
George Burns, the King's Arms, for the purpose of letting to farm the
ferry between New York City and Long Island, when they were furnished with
the usual entertainment provided for such occasions.
On Monday, the 25th of June, 1753, in celebration of the anniversary of
the festival of St. John the Baptist, "the Ancient and Right Worship
Society of FREE and Accepted MASONS of this City assembled at the Spring
Garden, and being properly cloathed made a regular Procession in due Form
to the King's Arms Tavern in Broad Street, near the Long Bridge, where an
elegant Entertainment was provided." Here, they drank his majesty's health
and many other loyal healths and concluded the day in the most social and
satisfactory manner. The King's Arms Tavern continued on or near the
corner of Broad and Dock Streets for many years and was a well known
tavern under various landlords.
In 1696, what was called the Shoemakers' Pasture was divided into building
lots, and soon after on lot number 58, of the map of this property, on the
southeast side of the present William Street, about midway between John
and Fulton Streets, was built a house which became a prominent and much
frequented tavern, from its sign, known as the Horse and Cart. The part of
William Street near this tavern became known as Horse and Cart Street. It
has been said that this house was a tavern in the time of Captain Kidd,
and that he was a frequent visitor to it before he went on his fateful
voyage. This may be a mere tradition, but if true, the house, which is
still standing, at No. 122 William Street, must be over two hundred years
old. It is, at any rate, we think, the oldest house now standing on
Manhattan Island. In October, 1733, it was advertised as the meeting place
of the proprietors of a tract of 50,000 acres of land, "for concerting
matters necessary for their mutual defence in law," and again, in 1737, a
meeting of these proprietors or their proxies was called at the same
house.
[Illustration: HOUSE AT 122 WILLIAM STREET]