Thus Hamilton skillfully appealed to the independent principles of the jury. There was no note, satiric, pathetic, or patriotic, which he did not strike. Overwhelmed by the torrent of his eloquence, Bradley, the Attorney-General, scarcely attempted a reply. The Chief Justice stated that the jury might bring in a verdict on the fact of publication and leave it to the Court to decide whether it were libelous. But Hamilton was far too wary to be caught thus. "I know, may it please your Honor," said he, "the jury may do so; but I do likewise know that they may do otherwise. I know they have the right, beyond all dispute, to determine both the law and the fact, and where they do not doubt the law, they ought to do so." Nevertheless the Chief Justice charged the jury:
Gentlemen of the Jury: The great pains Mr. Hamilton has taken, to show you how little regard juries are {204} to pay to the opinion of the judges, and his insisting so much upon the conduct of some judges in trials of this kind, is done, no doubt, with a design that you should take but very little notice of what I might say upon this occasion. I shall, therefore, only observe to you that, as the facts or words in the information are confessed; the only thing that can come in question before you is whether the words set forth in the information, make a libel. And that is a matter of law, no doubt, and which you may leave to the Court.
But the show of authority and the attempt at allurement were all in vain. The jury took but a few moments to deliberate and returned with the verdict of "not guilty." The roar of applause which shook the court-room was more than a tribute to the eloquence of the aged counsel who had accepted an unpopular case without fees because he felt that he was working for the cause of freedom. It was more than a tribute to the poor printer who had risked everything in the same cause. It was the spirit of the barons at Runnymede, of the Long Parliament, of the Revolution of 1688, of Patrick Henry of Virginia when he cried: "Give me liberty or give me death!"
The Court, divided between wrath and surprise, strove to check the wave of applause and threatened with imprisonment the leader of the cheers; {205} but a son-in-law of ex-Chief Justice Lewis Morris succeeded in making himself heard, and declared that cheers were as lawful there as in Westminster Hall, where they had been loud enough over the acquittal of the seven bishops in 1688. Upon this the applause broke out again, and Hamilton was acclaimed the people"s champion. A dinner was given in his honor and the freedom of the city was bestowed upon him. When he entered his barge for the return journey to Philadelphia, flags waved, cannon boomed, and hurrahs resounded from all quarters.
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CHAPTER XIII
THE NEGRO PLOTS
As early as the eighteenth century New York had become a cosmopolitan town. Its population contained not only Dutch and English in nearly equal numbers, but also French, Swedes, Jews, Negroes, and sailors, travelers from every land. The settled portion of the city, according to a map of 1729, extended as far north as Beekman Street on the East Side and as far as Trinity Church on the West Side. A few blocks beyond the church lay Old Wind Mill Lane touching King"s Farm, which was still open country. Here Broadway shook off all semblance to a town thoroughfare and became a dusty country road, meeting the post-road to Boston near the lower end of the rope walk. "The cittie of New York is a pleasant, well-compacted place," wrote Madam Knight, who journeyed on horseback from Boston over this post-road and who recorded her experiences in an entertaining {207} journal. "The buildings brick generally, very stately and high, though not altogether like ours in Boston. The bricks in some of the houses are of divers coullers and laid in checkers, being glazed look very agreeable. The inside of them are neat to admiration."
Besides its welcoming houses set among spreading trees, New York possessed public buildings of dignity and distinction. There was Trinity Church, whose tall steeple was one of the first landmarks to catch the traveler"s eye as he journeyed down the river from Albany.
The new City Hall, dating from Bellomont"s time and standing on a site at the corner of Wall and Broad Streets, given by Colonel Abraham de Peyster, was also a source of pride. With its substantial wings and arched colonnade in the center it was quite imposing. Here the a.s.sembly, Council, and Court sat. Here, too, were offices and a library. But the cellar was used as a dungeon and the attic as a common prison.
New markets and wharves told of the growing commerce of the city and province. On every hand were evidences of luxurious living. There were taverns and coffee-houses where gold flowed in abundant streams from the pockets of pirates and smugglers, and in the streets crest-emblazoned {208} family coaches, while sedan chairs were borne by negro slaves along the narrow brick pathways in the center of the town.
The dress of the people told the same story of prosperity. The streets of the fashionable quarter around Trinity Church were fairly ablaze with gay costumes. Men of fashion wore powdered wigs and c.o.c.ked hats, cloth or velvet coats reaching to the knee, breeches, and low shoes with buckles. They carried swords, sometimes studded with jewels, and in their gloved hands they held snuff-boxes of costly material and elaborate design. The ladies who accompanied them were no less gaily dressed. One is described as wearing a gown of purple and gold, opening over a black velvet petticoat and short enough to show green silk stockings and morocco shoes embroidered in red. Another wore a flowered green and gold gown, over a scarlet and gold petticoat edged with silver. Everywhere were seen strange fabrics of oriental design coming from the holds of mysterious ships which unloaded surrept.i.tiously along the water front.
The members of one cla.s.s alone looked on all this prosperous life with sullen discontent--the negro slaves whose toil made possible the leisure of their owners. These strange, uncouth Africans seemed {209} out of place in New York, and from early times they had exhibited resentment and hatred toward the governing cla.s.ses, who in turn looked upon them with distrust. This smoldering discontent of the blacks aroused no little uneasiness and led to the adoption of laws which, especially in the cities, were marked by a brutality quite out of keeping with the usual moderation of the colony. When Mrs. Grant wrote later of negro servitude in Albany as "slavery softened into a smile,"
she spoke in the first place from a narrow observation of life in a cultivated family, and in the second place from scant knowledge of the events which had preceded the kind treatment of the negroes.
In 1684 an ordinance was pa.s.sed declaring that no negroes or Indian slaves above the number of four should meet together on the Lord"s Day or at any other time or at any place except on their master"s service.
They were not to go armed with guns, swords, clubs, or stones on penalty of ten lashes at the whipping-post. An act provided that no slave should go about the streets after nightfall anywhere south of the Collect without a lighted lantern "so as the light thereof could be plainly seen." A few years later Governor Cornbury ordered the justices of the peace in King"s County to seize and {210} apprehend all negroes who had a.s.sembled themselves in a riotous manner or had absconded from their masters.
In 1712, during the Administration of Governor Robert Hunter, a group of negroes, perhaps forty in number, formed a plot which justified the terror of their masters, though it was so mad that it could have originated only in savage minds. These blacks planned to destroy all the white people of the city, then numbering over six thousand.
Meeting in an orchard the negroes set fire to a shed and then lurked about in the shadows, armed with every kind of weapon on which they could lay hands.
As the negroes had expected, all the citizens of the neighborhood, seeing the conflagration, came running to the spot to fight the flames.
The blacks succeeded in killing nine men and wounding many more before the alarm reached the fort. Then of course the affair ended. The slaves fled to the forests at the northern end of the island; but the soldiers stationed sentries and then hunted down the negroes, beating the woods to be sure that none escaped. Six of the negroes, seeing that their doom was sealed, killed themselves, and the fate of the captives showed that they well knew what mercy {211} to expect at the hands of the enraged whites. Twenty-one were put to death, one being broken on the wheel and several burned at the stake, while the rest were hanged.
After this experience of the danger attending the holding of slaves, the restrictions upon the negroes grew even more irksome and the treatment they received more that of outcasts. For instance, a slave must be buried by daylight, without pallbearers and with not more than a dozen negroes present as mourners.
In spite of bright spots in the picture the outlook grew constantly darker; a mistrust ready to develop on slight provocation into terror perturbed the whites; and every rumor was magnified till there reigned a panic as widespread as that caused by the reports of witchcraft in New England. At length in 1741 the storm burst. One March night, while a gale was sweeping the city, a fire was discovered on the roof of the Governor"s house in the fort. Church bells sounded the alarm and firemen and engines hurried to the spot; but it was hopeless to try to extinguish the flames, which spread to the chapel and to the office of the secretary over the fort gate, where the records of the colony were stored. The barracks then caught fire, and in a {212} little over an hour everything in the fort was destroyed, the hand-grenades exploding as they caught fire and spreading destruction in every direction.
A month later a fire broke out at night near the Vlei Market. A bucket brigade was formed and the fire was extinguished. On the same night the loft in a house on the west side of the town was found to be in flames, and coals were discovered between two straw beds occupied by a negro. The next day coals were found under the coach-house of John Murray on Broadway, and on the day following a fire broke out again near the Vlei Market. Thus the townsfolk were made certain that an incendiary plot was on foot. Of course every one"s thoughts flew to the negro slaves as the conspirators, especially when a Mrs. Earle announced that she had overheard three negroes threatening to burn the town.
The authorities were as much alarmed as the populace and at once leaped to the conclusion that the blame for the incendiarism, of which they scarcely paused to investigate the evidence, was to be divided between the Roman Catholics and the negroes, who without reasonable grounds had so long const.i.tuted their chief terror.
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The Common Council offered pardon and a reward of one hundred pounds to any conspirator who would reveal the story of the plot and the names of the criminals involved. Under the influence of this offer one Mary Burton, a servant in the employ of Hughson, the tavern-keeper, accused her master, her mistress, their daughter, and a woman of evil reputation known as Peggy Carey, or Kerry, as well as a number of negroes, of being implicated in the plot. She said that the negroes brought stolen goods to the tavern and were protected by Hughson, who had planned with them the burning and plundering of the city and the liberation of the slaves. On this unsupported evidence Peggy Carey and a number of negroes were condemned to execution, and under terror of death, or encouraged by the hope of pardon, these prisoners made numerous confessions implicating one another, until by the end of August twenty-four whites and one hundred and fifty-four negroes had been imprisoned. Four whites, including Hughson and Peggy Carey, were executed; fourteen negroes were burned at the stake; eighteen were hanged, seventy-one transported, and the remainder pardoned or discharged.
Accusations were also made that the Roman {214} Catholics had stirred up the plot; and persons of reputation and standing were accused of complicity. The effect of the popular panic, which rendered impossible the calm weighing of evidence and extinguished any sense of proportion, is seen in the letters of Governor George Clarke. On June 20, 1741, he writes to the Lords of Trade as follows:
The fatal fire that consumed the buildings in the fort and great part of my substance (for my loss is not less than two thousand pounds), did not happen by accident as I at first apprehended, but was kindled by design, in the execution of a horrid Conspiracy to burn it and the whole town, and to Ma.s.sacre the people; as appears evidently not only by the Confession of the Negro who set fire to it, in some part of the same gutter where the Plumber was to work, but also by the testimony of several witnesses. How many Conspirators there were we do not yet know; every day produces new discoveries, and I apprehend that in the town, if the truth were known, there are not many innocent Negro men.... I do myself the honor to send your Lordships the minutes taken at the tryal of Quack who burned the fort, and of another Negro, who was tryed with him, and their confession at the stake; with some examinations, whereby your Lordships will see their designs; it was ridiculous to suppose that they could keep possession of the town, if they had destroyed the white people, yet the mischief they would have done in pursuit of their intention would nevertheless have been {215} great.... Whether, or how far, the hand of popery has been in this h.e.l.lish conspiracy, I cannot yet discover; but there is room to suspect it, by what two of the Negroes have confessed, viz: that soon after they were spoke to, and had consented to be parties to it, they had some checks of conscience, which they said, would not suffer them to burn houses and kill the White people; whereupon those who drew them into the conspiracy told them, there was no sin or wickedness in it, and that if they would go to Huson"s [Hughson"s] house, they should find a man who would satisfy them; but they say they would not, nor did go. Margaret Keny [Kerry] was supposed to be a papist, and it is suspected that Huson and his wife were brought over to it. There was in town some time ago a man who is said to be a Romish Priest, who used to be at Huson"s but has disappeared ever since the discovery of the conspiracy and is not now to be found.
Later in the summer the Governor recorded his suspicions as follows:
We then thought it [the] Plot was projected only by Huson [Hughson] and the Negroes; but it is now apparent that the hand of popery is in it, for a Romish Priest having been tryed, was upon full and clear evidence convicted of having a deep share in it.... Where, by whom, or in what shape this plot was first projected is yet undiscovered; that which at present seems most probable is that Huson, an indigent fellow of a vile character, casting in his thoughts how to mend his circ.u.mstances, inticed some Negroes to rob their Masters and to bring the stolen [goods] to him on {216} promise of reward when they were sold; but seeing that by this pilfering trade riches did not flow into him fast enough, and finding the Negroes fit instruments for any villainy, he then fell upon the schemes of burning the fort and town, and murdering the people, as the speediest way to enrich himself and them, and to gain their freedom, for that was the Negroes main inducement.... The conspirators had hopes given them that the Spaniards would come hither and join with them early in the Spring; but if they failed of coming, then the business was to be done by the Conspirators without them; many of them were christen"d by the Priest, absolved from all their past sins and whatever they should do in the Plott; many of them sworn by him (others by Huson) to burn and destroy, and to be secret; wherein they were but too punctual; how weak soever the scheme may appear, it was plausible and strong enough to engage and hold the Negroes, and that was all that the Priest and Huson wanted; for had the fort taken fire in the night, as it was intended, the town was then to have been fired in several places at once; in which confusion much rich plunder might have been got and concealed; and if they had it in view too, to serve the enemy, they could not have done it more effectually; for this town being laid in ashes his Majesties forces in the West Indies might have suffered much for want of provisions, and perhaps been unable to proceed upon any expedition or piece of service from whence they might promise themselves great rewards; I doubt the business is pretty nigh at an end, for since the Priest has been apprehended, and some more white men named, great industry has been used throughout the town to discredit the witnesses and prejudice the people {217} against them; and I am told it has had in a great measure its intended effect; I am sorry for it, for I do not think we are yet got near the bottom of it, where I doubt the princ.i.p.al conspirators lie concealed.
With the collapse of the excitement through its own excess, ends the history of the great negro "plot." Whether it had any shadow of reality has never been determined. Judge Horsmanden, who sat as one of the justices during the trials growing out of the so-called plots, compiled later a record of examinations and alleged confessions whereby he sought to justify the course of both judges and juries; but the impression left by his report is that panic had paralyzed the judgment of even the most honest white men, while among the negroes a still greater terror, combined with a wave of hysteria, led to boundless falsification and to numberless unjustified accusations.
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CHAPTER XIV
SIR WILLIAM JOHNSON
The story of the French and Indian wars on our border does not fall within the scope of this chronicle; but in order to understand the development of New York we must know something of the conditions which prevailed in the province during that troubled epoch. The penurious policy pursued by the Dutch and continued by the English left the colony without defenses on either the northern or southern boundaries.
For a long time the settlers found themselves bulwarked against the French on the north by the steadfast friendship of the "Six Nations,"
comprising the Mohawks, the Oneidas, the Onondagas, the Cayugas, the Senecas, and the Tuscaroras; but at last these trusty allies began to feel that the English were not doing their share in the war. The lack of military preparation in New York was inexcusable. The n.i.g.g.ardliness of the a.s.sembly alienated successive governors and {219} justified Clinton"s a.s.sertion: "If you deny me the necessary supplies all my endeavors must become fruitless. I must wash my own hands and leave at your doors the blood of innocent people."
When the Indians under the leadership of the French actually took the warpath, the colonists at last awoke to their peril. Upon call of Lieutenant-Governor De Lancey, acting under instructions of the Lords of Trade, all the colonies north of the Potomac except New Jersey sent commissioners to a congress at Albany in June, 1754, to plan measures of defense and of alliance with the Six Nations.
Albany was still a placid little Dutch town. Mrs. Grant of Laggan in Scotland, who visited Albany in her girlhood, wrote of it afterward with a gentle suavity which lent glamour to the scenes which she described. She pictures for us a little town in which every house had its garden at the rear and in front a shaded stoop with seats on either side where the family gathered to enjoy the twilight. "Each family had a cow, fed in a common pasture at the end of the town. In the evening they returned all together, of their own accord, with their tinkling bells hung at their necks, along the wide and gra.s.sy street, to their wonted {220} sheltering trees, to be milked. At one door were young matrons, at another the elders of the people, at a third the youths and maidens, gaily chatting or singing together, while the children played around the trees, or waited by the cows for the chief ingredient of their frugal supper, which they generally ate sitting on the steps in the open air."
The court-house of Albany to which the commissioners journeyed by boat up the Hudson, is described by Peter Kalm, a Swedish traveler and scientist, as a fine stone building by the riverside, three stories high with a small steeple containing a bell, and topped by a gilt ball and weather-vane. From the engraved print which has come down to us, it seems a barren barrack of a building with an entrance quite inadequate for the men of distinction who thronged its halls on this memorable occasion.
In this congress at Albany, Benjamin Franklin from Pennsylvania and William Johnson of New York were the dominating figures. The famous plan of union which Franklin presented has sometimes made historians forget the services rendered by this redoubtable Colonel Johnson at a moment when the friendship of the Six Nations was hanging in the balance. Though gifts had been {221} prepared and a general invitation had been sent, only a hundred and fifty warriors appeared at Albany and they held themselves aloof with a distrust that was almost contempt.
"Look at the French!" exclaimed Hendrick, the great chief of the Mohawks. "They are men. They are fortifying everywhere; but, we are ashamed to say it, you are all like women--bare and open without any fortifications." In this crisis all the commissioners deferred to William Johnson as the one man who enjoyed the complete confidence of the Six Nations. It was he who formulated the Indian policy of the congress.
He had been born in Ireland. His mother was Anne Warren, sister to Captain Peter Warren, who "served with reputation" in the Royal Navy and afterward became Knight of the Bath and Vice-Admiral of the Red Squadron of the British Fleet. Captain Warren was less than a dozen years older than his nephew, whom he regarded with affectionate interest. He described him as "a spritely boy well grown of good parts and keen wit but most onruly and streperous," and the sailor added: "I see the making of a strong man. I shall keep my weather eye on the lad."
The result of this observation was so favorable {222} that the captain, who was on station in America, sent for William Johnson to come out and aid him in the development of a real estate venture. A large tract of land near the Mohawk River had come into Warren"s possession, and as a sailor Warren naturally found difficulty in superintending land at what was then a week"s journey from the seacoast. "Billy" was his choice as an a.s.sistant, and the boy, who was then twenty-three years old, left the Old World and in 1738 reached the new plantation where his life-work lay before him. For this he was admirably equipped by his Irish inheritance of courage, tact, and humor, by his study of English law, and by a facility in acquiring languages which enabled him to master the Mohawk tongue in two years after his arrival in New York.
The business arrangement between Captain Warren and his nephew provided that Johnson should form a settlement on his uncle"s land known as Warrensbush, at the juncture of Schoharie Kill and the Mohawk, that he should sell farms, oversee settlers, clear and hedge fields, "girdle"
trees (in order to kill them and let in the sun), purchase supplies, and in partnership with Warren establish a village store to meet the necessities {223} of the new colonists and to serve as a trading-station with the Indians. In compensation for his services he was to be allowed to cultivate a part of the land for himself, though it is hard to imagine what time or strength could have been left for further exertions after the fulfillment of the onerous duties marked out for him.
A few years after his arrival at Warrensbush he married a young Dutch or German woman named Catherine Weisenberg, perhaps an indentured servant whose pa.s.sage had been prepaid on condition of service in America. Little is known of the date or circ.u.mstances of this marriage. It is certain only that after a few years Catherine died, leaving three children, to whom Johnson proved a kind and considerate father, in spite of an erratic domestic career which involved his taking as the next head of his household Caroline, niece of the Mohawk chief Hendrick, and later Molly Brant, sister of the Indian, Joseph Brant.
Molly Brant, by whom Johnson had eight children, was recognized as his wife by the Indians, while among Johnson"s English friends she was known euphemistically as "the brown Lady Johnson." She presided over his anomalous household with dignity and discretion; but it is noticeable {224} that Johnson, who was so willing to defy public opinion in certain matters, was sufficiently conventional in others, as we learn from a description of the daily life of the legitimate daughters of the house. While Mohawk chiefs, Oneida braves, Englishmen of t.i.tle, and distinguished guests of every kind thronged the mansion, and while the little half-breed children played about the lawns and disported themselves on the sh.o.r.es of Kayaderosseras Creek close at hand, "the young ladies" lived in almost conventual seclusion.
The grim baronial mansion where this mixed household made its dwelling for many years, was called variously Mount Johnson, Castle Johnson, and Fort Johnson. It was built in 1742 with such ma.s.sive walls that the house is still standing in the town of Amsterdam. In 1755, when the Indian peril loomed large on the horizon, the original defenses were strengthened, a stockade was built as a further protection, and from this time on it was called Fort Johnson.