CHAPTER VIII

THE EARLY ENGLISH GOVERNORS

The English Government was fortunate in its first representative after

the surrender of Stuyvesant. Colonel Richard Nicolls, who had enforced

the surrender with all the energy of a soldier, afterward displayed all

the tact and wisdom of a statesman. It is true that the towns and

forts were rechristened, and New Amsterdam, Fort Amsterdam, and Fort

Orange became respectively New York, Fort James, and Albany in honor of

the King's brother, James, Duke of York and Albany, to whom as Lord

Proprietor the new English province was now granted; but the Dutch were

not interfered with in their homes, their holdings, or their religion,

and for nearly a year the city government at New Amsterdam went on as

of old under the control of burgomasters, _schepens_, and _schouts_.

In the following year Nicolls, according to instructions from the Duke

of York, abolished "the {138} form of government late in practice,"

appointed a mayor, aldermen, and a sheriff to rule New York, and

directed the new officials to swear allegiance to the Duke. He

continued the commercial rights of the freeman who represented the

burghers of the Dutch period, and he also introduced trial by jury,

which placated the dwellers at New York and along the Hudson.

On Long Island and in Westchester where New Englanders had settled,

Nicolls proceeded with greater vigor. This section together with

Staten Island was erected into the district of Yorkshire, where "the

Duke's Laws" were proclaimed and the machinery of English county

government was put in operation. With its three ridings, its courts of

sessions, and its court of assizes, Yorkshire soon had an unmistakable

English character even though Dutch inhabitants were numerous in

western Long Island and in Staten Island. The Duke's Laws were

compiled mainly from the laws of the New England colonies, though they

departed in many particulars from New England traditions. In the Dutch

towns _schouts_ and _schepens_ gave place to overseers and constables.

The characteristic form of town government in the province was that in

which freeholders elected {139} a board of eight overseers and a

constable for one year. Little by little English law and English

institutions were to crowd out Dutch law and Dutch political

institutions in the conquered province.

By his wise policy, his magnetic personality, his scholarly tastes, and

his social geniality, Nicolls seems to have won all hearts. Maverick,

his colleague, wrote Lord Arlington that it was wonderful how this man

could harmonize things in a world so full of strife. Entrusted by the

Duke of York with practically unlimited power, he used it with the

utmost discretion and for the good of the province. When he resigned

his post after four years of service, New York was deeply regretful

over his departure and Cornelis Steenwyck, the Dutch mayor of the city,

gave a farewell banquet in his honor.

His successor, Colonel Francis Lovelace, was a favorite at court and a

gallant cavalier who had been loyal to the King throughout his

adversity. With far less ability than Nicolls, Lovelace was at one

with him in desire to benefit and unify the colony. He established a

club where English, French, and Dutch were spoken, and he offered

prizes to be run for on the Long Island race-course. Under his rule

shipping increased and trade {140} flourished. Merchants began to hold

weekly meetings, thus laying the foundations of The Merchants'

Exchange. But his most notable achievement was the establishment of

the first mail service on the American continent.

In spite of all the sea commerce and trading up and down the river by

sloops, pinks, flyboats, ketches, and canoes, the colonies of New York

and New England demanded swifter and more frequent means of

communication, and Governor Lovelace began to consider how the bonds

could be drawn closer. In 1671 one John Archer bought part of Van der

Donck's old estate and built a village "near unto the passage commonly

called Spiting Devil" on "the road for passengers to go to and fro from

the main as well as for mutual intercourse with the neighboring

colony." Lovelace consented to make the village an enfranchised town

by the name of Fordham Manor, provided its inhabitants should forward

to the next town all public packets and letters coming to or going from

New York. The scheme evidently proved a success, for Lovelace shortly

decided on a wider extension of communication, and the year 1673 was

celebrated by the setting out of the first post between New York and

New England. It was to have started on New {141} Year's Day, but was

delayed by waiting for news from Albany. On the arrival of

communications from Albany the carrier was sworn into office,

instructed "to behave civily," to inquire of the New England

authorities as to the best post-road, and to mark it for the benefit of

other travelers. The message which Lovelace sent to Governor Winthrop

of Massachusetts on this occasion ran as follows:

I here present you with two rarities, a pacquett of the latest

intelligence I could meet withal, and a Post. By the first, you will

see what has been acted on the stage of Europe; by the latter you will

meet with a monthly fresh supply; so that if it receive but the same

ardent inclinations from you as at first it hath from myself, by our

monthly advises all publique occurrences may be transmitted between us,

together with severall other great conveniencys of publique importance,

consonant to the commands laid upon us by His sacred Majestie, who

strictly injoins all his American subjects to enter into a close

correspondency with each other. This I look upon as the most

compendious means to beget a mutual understanding; and that it may

receive all the countenance from you for its future duration, I shall

acquaint you with the model I have proposed; and if you please but to

make an addition to it, or subtraction, or any other alteration, I

shall be ready to comply with you. This person that has undertaken the

imployment I conceaved most proper, being both active, stout, and {142}

indefatigable. He is sworne as to his fidelity. I have affixt an

annuall sallery on him, which, together with the advantage of his

letters and other small portable packes, may afford him a handsome

livelyhood. Hartford is the first stage I have designed him to change

his horse, where constantly I expect he should have a fresh one lye.

All the letters outward shall be delivered gratis with a signification

of _Post Payd_ on the superscription; and reciprocally, we expect all

to us free. Each first Monday of the month he sets out from New York,

and is to return within the month from Boston to us againe. The maile

has divers baggs, according to the townes the letters are designed to,

which are all sealed up till their arrivement, with the scale of the

Secretarie's Office, whose care it is on Saturday night to seale them

up. Only by-letters are in an open bag, to dispense by the wayes.

Thus you see the scheme I have drawne to promote a happy

correspondence. I shall only beg of you your furtherance to so

universall a good work.

By trail, road, and waterway the colonists were thus drawing nearer to

each other and steadily increasing their facilities for trade, when all

was interrupted by the reassertion of Dutch sovereignty and the

reconquest of the English colony by the Dutch under much the same

circumstances as had marked the surrender of Stuyvesant in 1664. The

old habit of unpreparedness survived under the English as under the

Dutch; and the third war between England and Holland, begun in 1672 and

{143} ended in 1674, found the strategic points on the Hudson again

unprotected. One August day in 1673 a powerful Dutch fleet appeared

off Staten Island. On the next day it sailed up through the Narrows,

and Manhattan saw a repetition, with a difference, of the scene of

1664. After a brief exchange of volleys between the strong fleet and

the weak fortress, the garrison recognized that resistance was

hopeless, New York surrendered to Admiral Evertsen, and the flag of the

Dutch Republic floated once more over the fortress, which changed its

name to Fort Willem Hendrick while New York became New Orange.

Governor Lovelace was absent from the city at the moment, and the blame

of the surrender fell upon Manning, a subordinate, who was tried for

neglect of duty, cowardice, and treachery. His sword was broken over

his head and he was pronounced ineligible for any office of trust. But

no governor could have saved the situation, as nothing was ready for

defense. When the Dutch took possession, Captain Anthony Colve was

appointed Governor. He proceeded with energy to put the fort into

condition for defense, and for a time it seemed as if the Dutch might

at last hold their rich heritage along the Hudson. At the close of

hostilities, however, a {144} treaty which was signed at Westminster in

February, 1674, and proclaimed at the City Hall of New Orange in July

of the same year, stipulated that New Netherland should again become an

English province. Thus for the third time, a national flag was lowered

at the fort on Manhattan Island without serious effort at opposition.

The treaty did not restore New York to the Duke whose name it bore but

handed it over directly to Charles II, who, however, again granted it

to his brother James. Edmund Andros, a major in Prince Rupert's

regiment of dragoons, was sent out to take control of the province,

which had now changed hands for the last time. His character was

probably neither so white nor so black as it has been painted; but it

is certain that he lacked the tact of Nicolls, and he brought to his

task the habits of a soldier rather than an administrator. He never

succeeded in winning the complete confidence of the people.

From the beginning Andros showed himself hostile to popular liberty and

loyal to the interests of his patron as he saw them. But the

difficulties of his position, it must be admitted, were very great.

James, Duke of York, brother of Charles II, and, in the absence of

legitimate children of {145} the King, the heir to the throne, had, as

we have seen, been granted all rights in the conquered territory of New

Netherland in 1664. Part of this territory he promptly gave to two

court favorites, Lord Berkeley and Sir George Carteret. The sagacious

Nicolls protested that this partition which surrendered to a divided

ownership the rich lands of New Jersey--so called in honor of

Carteret's gallant defense of the Island of Jersey during the Civil

Wars--was a menace to the well-being of New York. His warning, which

might not have been heeded in any case, did not reach England until the

transfer was completed.

With the Dutch occupation all titles were canceled, but under the new

treaty, James, although by this time thoroughly informed of the

complications involved, with the usual fatuity of the Stuarts now made

a grant of the eastern part of New Jersey to Carteret in severally,

taking no notice of the western part, which Berkeley had already sold

for the sum of a thousand pounds. By this grant to Carteret many

questions were at once raised. Was Sir George Carteret a lord

proprietor like the Duke himself, responsible only to the King, or was

he only a lord of the manor responsible to his master the Duke? Was

East Jersey a {146} part of New York, or was it an independent

province? As usual the importance of the questions was based on

commercial considerations. If New Jersey were a separate entity then

it might trade directly with England; if it were dependent on New York

it could trade only by permission of the Duke's representative.

Philip Carteret, a kinsman of Sir George, whom the latter had appointed

Governor of his share of New Jersey, and who went to America in the

same ship as Andros in 1674, determined to test the matter by declaring

Elizabethtown a free port, while Andros demanded that all ships bound

to or from any port in the original New Netherland must enter and clear

at New York. With equal pertinacity Andros asserted the Duke's

authority in West Jersey, haling Fenwick, one of the claimants under

the original grant of 1674, to court in New York. Fenwick's land

titles, however, were sustained, and Andros then released him upon his

explicit promise that he would not meddle with the government of West

Jersey. Taking advantage of the death of Sir George Carteret in 1680,

Andros next arrested and imprisoned Governor Philip Carteret on the

ground that he now had no authority, and then himself assumed the {147}

governorship of East Jersey. But Carteret was acquitted, the Assembly

of East Jersey sustained their Governor, and the towns refused to

submit. Meanwhile, charges of corruption had been brought against

Andros in New York, where his imperious manner and arbitrary conduct

had made enemies. He was recalled to England in 1681 to answer these

charges, and in consequence of the disaffection which he had stirred up

he was removed from office.

Colonel Thomas Dongan, the Governor chosen to succeed Andros, was a

younger son of an Irish Baronet and a Roman Catholic. The laws of

England forbade a Catholic to hold office in that country; but there

was not the same barrier in the province subject to a Lord Proprietor.

James, being of the Catholic faith, was therefore glad to appoint

people of that religion in the New World. Realizing, however, that the

feeling against Catholicism was strong in the colony, the Duke gilded

the pill by granting more liberal laws and a more popular form of

government than had previously been permitted. At the time of his

appointment Dongan received instructions from the Duke of York to call

a representative Assembly of not more than eighteen members to be

chosen by the {148} freeholders of the province. This Assembly met in

October, 1683, and passed some fifteen laws, the first and most

memorable of which was the so-called _Charter of Liberties and

Privileges_. The most notable provisions of the charter were those

establishing the principles of popular representation and religious

liberty, and those reciting the guarantees of civil rights familiar to

all Englishmen.

Before this charter could be finally ratified by the Duke of York,

Charles II died from a stroke of apoplexy, and James became King.

After fifteen minutes in his closet, where he had retired to give "full

scope to his tears," he emerged to work for three years his bigoted

will on the affairs of the realm. James the King took a different view

of many things from James the Duke. The status of New York was

similarly changed from a ducal proprietorship to a royal province. The

new charter recognized a Lord Proprietor. But that Lord Proprietor had

now become King of England, and this King found some of the enactments

of the charter so objectionable to His Majesty that he disallowed the

charter. Moreover, James did away with the Assembly which he had

previously allowed to be summoned. But the seed of popular government

had been planted in the Western {149} Hemisphere and within the next

century it was ripe for the harvesting.

In 1688 New York and New Jersey were united with the Eastern colonies

under title of "The Dominion of New England," and Sir Edmund Andros was

appointed Governor-General of a territory of imperial dimensions. But

the year of his arrival in New York marked the departure of his royal

master from England. Bigotry and tyranny had overshot the mark and the

English people had determined to dethrone James.

On the invitation of the Protestant nobility, James's son-in-law,

William of Orange, landed at Torbay in November, 1688, and rapidly won

popular support. After beginning negotiations with him, James became

alarmed and took flight to France at the close of the year. William of

Orange and his wife, James's daughter Mary, then became King and Queen

of England (February 13, 1689) and New York once more passed under the

control of a Dutch sovereign.

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