The late counsellor Nicoll was elected member of assembly from the county of Suffolk, and made a strong interest for the chair; but upon the appointment of Mr. Governeur, his resentment led him to contest the right of his rival to a seat in that house, being a foreigner; but it was overruled that Mr. Governeur had taken the benefit of the act of 1683, which naturalized all aliens, that were free, and professed the christian religion. This point being settled, Mr. Governeur, in his turn, called in question the right of Mr. Nicoll to a seat in that house, alleging that he did not reside in the county from whence he was returned as member. This attack became serious; seven of Nicoll's friends withdrew from the assembly, and left Nicoll exposed to a decision of the house against him, and they not only expelled Nicoll, but his seven seceding friends also. The way thus being prepared, the party rage next fell on Mr. Livingston, who had been a steady and firm opposer to Leisler and his partizans, and a firm friend to Col. Smith, in the late struggles for power. The first attack of the house upon Mr. Livingston was an act passed, compelling him to account for monies formerly received out of the excise, with an advisary motion from a committee of both houses, that a resolution be passed, ordering his estate to be confiscated, unless he accounted at a certain day, therein to be named. This motion was waved, and an act was passed that he should account for the specific sum of eighteen thousand pounds. In addition to this, a committee of both houses summoned him to appear and defend the charge, "that he had solicited the Five Nations to send him as their agent to England, to solicit in behalf of their affairs." This attack went no further than to shew the virulence of his enemies; who, when they could not support a charge, so vague and indefinite in itself, compelled him to purge himself by his oath; but Mr. Livingston treated with contempt such unwarrantable a procedure. The house, by advice of the committee, (who felt the severity of the rebuff,) petitioned the governor to dismiss him from his office as secretary of Indian affairs.* At this critical moment, the following letter from one of his majesty's secretaries, addressed to the Earl of Bellomont, with the petition that caused it, were laid before the assembly.t "My Lord "The king being moved upon the petition of Mr. Jacob Leisler, and having a gracious sense of his father's services, and sufferings, and the ill circumstances the petitioner is thereby reduced to; his majesty is pleased to direct that the same be transmitted to your lordship, and that you recommend his case to the general assembly of New-York, being the only place where he can be relieved, and the prayer of his petition complied with. " I am, "My Lord, your Lordship's "Most obedient and humble servant, : "JERSEY." Upon the reading of this letter and the petition, a motion was made for leave to bring in a bill, to grant to Jacob Leisler, by way of indemnification, the sum of one thousand pounds, together with several smaller sums to others, as debts due from the government; and a bill was brought in accordingly; but such was the heat of party * The government had taken the books and papers of Mr. Livingston into their own hands, which barred him from all access to his own ac counts. † This letter had been obtained by the petition of Jacob Leisler, son of the Capt. Leisler who had been executed for high treason, as before rela ted. spirit, that the bill did not pass until the next session. Such was also the heat of party, that fourteen members, near the close of the session, signed an incorrect and impertinent address to his majesty, stating the whole subject of controversy, in a party manner. At this time it was reported that Lord Cornbury was about to succeed to this government, by his majesty's appointment. This revived and animated the hopes of the anti-Leislerian party, and they forwarded several addresses to his majesty upon the subject; charging their opponents with corruption, avarice, &c. These addresses reflected severely upon Lord Bellomont, and accused him of mal-administration; denied the authority of the late assembly, and accused the governor and chief justice with bribery and corruption, &c. All their hopes now rested upon the arrival of Lord Cornbury. These addresses were promoted by Nicholas Bayard, and signed at the tavern of Alderman Hutchins, in the city of New-York, in the year 1702. Nanfan, the lieut. governor, having notice of these proceedings, summoned Hutchins to appear before him, and upon his refusal, committed him to gaol, on the 19th of January, 1702. The lieut. governor next proceeded to arrest and imprison Bayard, upon the following act, passed 1691, when Bayard was member of the assembly. "Be it enacted, &c. That whatsoever person, or persons shall, by any manner of ways, or upon any pretence whatsoever, endeavour by force of arms or otherwise, to disturb the peace of their majesties' government, (William and Mary,) as it is now established, shall be deemed and esteemed rebels and traitors, unto their majesties, and incur the pains, and penalties, and forfeitures, according to the laws of England, in such cases made and provided." The lieutenant-governor next pushed the trial of this pri soner, at a special court of Oyer and Terminer, called by his special commission, on the 12th of February; and the said Bayard was arraigned, indicted, tried, and convicted accordingly, on the 22d, of high treason-Present, Chief Justice Atwood, and Judges De Peyster, and Walters.Great efforts were made by the council for the prisoner, to arrest the judgment, but without effect; the court overruled, and the chief justice passed sentence of death upon him, on the 16th of March. A petition was sent to the queen, for a reprieve, and the lieutenant-governor was with much difficulty induced to suspend execution until the pleasure of her majesty could be known. Hutchins, in the mean time, was tried and amerced in a fine of forty pieces of eight to the sheriff. The lieutenant-governor next erected a Court of Exchequer, convened another assembly, and obtained an act of outlawry against Philip French, and Thomas Windham, who had been concerned with Bayard in the treasonable addresses, and fled upon his commitment. He next suspended Mr. Livingston from his seat in the council, which closed the spirited party acts of Lieutenant-Governor Nanfan. Upon the arrival of Lord Cornbury, the case of Bayard was laid before his lordship; he consented to reverse the judgment, upon his (Bayard's) giving bonds not to bring any suits against those who had been concerned in his prosecution; and then his lordship procured the confirmation of the queen, and the whole affair was obliterated. Lord Cornbury, upon his first entrance into the government, became as warm a partizan as Nanfan; but upon the opposite side; the chief justice and the solicitor-general who had condemned Bayard, fled into Virginia, and from thence to England, and passed into obscurity, under fictitious names, and Colonel Heathcote, and Doctor Bridges succeeded to the council board. • In the summer of 1703, the memorable epoch of yellowfever commenced in New-York. This fever proved fatal to every patient, and was supposed to have been brought from the island of St. Thomas. During the rage of this mortal disease in New-York, Lord Cornbury, the governor, removed to the village of Jamaica, upon Long-Island, where sundry acts are recorded of him to his eternal disgrace. First, that he very politely requested the minister of the parish to remove out of his house, to his very great inconvenience, because it was the best in the village, and suited the fancy of his lordship; next, when a few Episcopalians, who had crept into the village, and in a riotous manner seized upon the Presbyterian Meeting-house, in the time of the intermission of service at noon, under cover of a certain ministry act, (so called,) passed under the administration of Governor Fletcher; as well as upon the strength of an unguarded vote of the town, in which the money to be raised for the purpose of building the house, did not express to what denomination of christians it should belong; his lordship favoured the procedure, and harassed the Presbyterians with numerous suits, fines, and imprisonments, because they attempted to defend their property; all which had well nigh ruined the village. His lordship sent a sheriff next, to seize on the church glebe, and then caused it to be surveyed into lots, and farmed out to the Episcopalians; and last of all, when his lordship was ready to return to New-York, he delivered up the parsonage house to the Episcopal party; all which kindled a fire of religious party, that was felt through the colony. His excellency next proceeded to denounce all other sects, except Episcopalians, and commenced a general persecution, that extended down even to a Dutch school-master; Von H. 41 |