in June, 1689, signed a declaration in favor of the prince of Orange, engaging to submit to such orders as should be received from him. During this interregnum, the province was thrown into the utmost confusion.

The mayor of the city and other influential men refused to join Leisler. He, however, called to his assistance several persons, denominated a committee of safety, and managed the affairs of the government; and the lower part of the province submitted to his authority. The mayor and many others, refused to submit to one whom they deemed an usurper, and retired to Albany; where the people formed themselves into a convention, and determined to hold that city, independent of Leisler and his party, and in favor of the prince of Orange. In the mean time, William had been placed upon the British throne, and despatches from the new government arrived at New York in December, directed "to Francis Nicholson, or, in his absence, to such as, for the time being, took care for preserving the peace and administering the laws, in their Majesty's province of New York, in America." These despatches authorised Nicholson, to take upon him the command, with the assistance of as many of the principal freeholders, as he should think fit, and "to do every thing appertaining to the office of lieutenant governor, according to the laws and usages of New York, until further orders." Nicholson having left the province, Leisler considered himself as having the care of the province, and under these orders, assumed the government. He established a council, appointed officers, and issued commissions in his own name, under the title and authority of lieutenant governor. The people at Albany, however, refused to submit to his assumed authority, until compelled by a superior force, which he sent against them. The principal members of the convention fled into the neighbouring colonies, and their estates were confiscated. These extraordinary proceedings created a deadly animosity between these parties, which was long felt in that province.*

* Chalmers' Annals, and Smith's History of New York.

In this distracted state of the province, Henry Slaughter arrived as governor, under William and Mary; and in March, 1691, published his commission. By some strange infatuation, Leisler refused, at first, to deliver the fort to the new governor, when demanded; pretending that he did not know him; and declaring " he would own no governor, without orders, under the King's own hand."

A second demand for the delivery of the fort was made, and a refusal given on the part of Leisler. The governor then ordered a ship of war to attack the fort. Before this was done, Leisler sent his secretary, Milbourne, and one Mr. Lenoy, to enter into terms of capitulation. These envoys the governor seized, and without entering into any treaty, immediately secured. An officer was then sent, to seize Leisler and his council; and to order his men to lay down their arms. After some debate, most of the men submitted, and Leisler and his council were seized and brought before the governor.

By the advice of the new council, who were the enemies of Leisler, they were immediately tried for treason, and condemned. The governor was strongly solicited to put their sentence into immediate execution, but he was resolved to wait the pleasure of the King.*

The enemies of Leisler and Milbourne were greatly disappointed at this; and determined upon their destruction, took advantage of the weakness of the governor, at a feast, to which he had been invited, and obtained a warrant for their execution, which was immediately enforced. A complaint was afterwards presented to the king, against the governor, by the son of Leisler.

The lords commissioners of trade, to whom this complaint was referred, reported that these persons" were condemned and had suffered according to law;" but their estates were restored to their families, by order of her majesty; and afterwards their bodies were taken up and interred, with much ceremony, in the old Dutch church in the city of New York.t Governor Slaughter, immediately after his arrival, summoned an assembly, which met

* Slaughter's Letter in Chalmers, p. 611. † Smith's History, p. 128.

:

on the 9th of April. A majority in this assembly had been opposed to Leisler; and they declared his proceedings to be illegal, against the rights of the king, and that his holding the fort, against the governor, was an act of rebellion.

The meeting of this assembly, being the first after the revolu tion in England, constitutes a new era in the political history of New York.

This assembly declared, "that all the laws consented to by the general assembly, under James, Duke of York, and the liberties and privileges therein contained, granted to the people, and declared to be their rights, not being observed, nor ratified and approved by his royal highness, nor the late king, are null and void, and of none effect; and also, that 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 and void, and of no effect, within this province." Having thus disposed of the former laws and ordinances of the province, they proceed and pass "an act declaring what are the rights and privileges of their majesties' subjects inhabiting within their province of New York." This act, which embraced the great principles contained in magna charta, will be noticed hereafter, when on the subject of the rights and privileges claimed by the colonists generally.

Governor Slaughter died, in July, 1691; and he is represented, by the author of the history of New York, as "utterly destitute of every qualification for government, licentious in his morals, avaricious and poor.

He was succeeded by governor Fletcher, who was a soldier, a man of strong passions, and small capacity. Bigoted to the church of England, he was determined on the establishment of English ministers of that church in the province; and to have himself the right of induction and collation.

This subject he often earnestly recommended to the consideration of the assembly; but a majority of the house, attached to the Dutch mode of worship, were strongly opposed, and at

Smith, p. 121.

first refused even to bring in a bill on the subject. This drew from the governor an angry rebuke, in his speech, at the close of the session, intimating that they were more attentive to their civil rights than the subject of religion.

"The first that I did recommend to you, at our last meeting," says the governor "was to provide for a ministry, and nothing is done in it. There are none of you, but what are big with the privileges of Englishmen and magna charta, which is your right; and the same law doth provide for the religion of the church of England, against Sabbath breaking, and all other profanity. But as you have made it last, and postponed it this session, I hope you will begin with it the next meeting, and do something toward it effectually."

The same subject being again pressed, by the governor, the next session; the house passed a bill, for the settling a ministry in several parishes, in four counties; but the right of presentation was given to the people. The council proposed an amendment, that they should be "presented to the governor, to be approved and collated." To this amendment, the house refused their assent, and returned the bill, praying that it might pass, without the amendment, as in drawing it, they had "a due regard to that pious intent of settling a ministry, for the benefit of the people." The governor took fire, at this "stiffness," as he called it, of the house, and in an angry and illiterate speech, dismissed the assembly. A part of this speech we here present, because it not only evinces the character of the governor, but shows how little the British administration attended to the qualifications of those whom they sent to govern the colonists. "There is also a bill, gentlemen," says the governor, " for settling a ministry in this city and some other counties of the government. In that very thing, you have shown a great deal of stiffness.”

"You take upon you as if you were dictators. I sent down to you an amendment of three or four words, in that bill, which, though very immaterial, yet was positively denied. I must tell you it seems very unmannerly. There never was an amendment yet desired by the council board, but what was rejected. It is the sign of a stubborn ill temper, and this have also passed."

"But, gentlemen, I must take leave to tell you, if you seem to understand by these words, that none can serve without your collation or establishment, you are mistaken. For I have the power of collating or suspending any minister in my government, by their majesties' letters patent; and whilst I stay in the government, I will take care that neither heresy, sedition, schism, or rebellion, be preached among you, nor vice and profanity encouraged."*

The Earl of Bellamont, not long after, succeeded Fletcher, and was governor not only of New York, but of Massachusetts and New Hampshire. From this period to the time of the American revolution, the political annals of the province of New York, present little more than a constant struggle for prerogative on the part of the crown, and for rights on the part of the people.

These disputes related principally to the formation and duration of assemblies, the imposition of taxes, the establishment of permanent revenues, and the regulation of courts, and will be noticed in the succeeding chapter.

* Smith, p. 141