CHAPTER VII

BROOKLYN BEFORE THE REVOLUTION

1701-1775

Brooklyn becomes the Largest Long Island Settlement. Division of the Common Lands. Regulations as to the Cutting of Lumber. The King's Highway laid out. Brooklyn Officials at the Opening of the Century. Lord Cornbury's Proclamation to Long Island Justices. Slavery. Encroachments on the Common Highway. The trial of Zenger. Population in 1738. Fortifying Long Island. Newspaper Glimpses of pre-Revolutionary Life. Ferries. Kings County in the Assembly and the Provincial Convention. Philip Livingston. General Town Meeting in Brooklyn.

Before the close of the seventeenth century Brooklyn had assumed a leading place among the Long Island towns. Indeed, in the number of assessed persons the village with the "ugly little church" began to exceed Midwout as early as 1675,[36] when it had sixty property owners who paid taxes.

At the beginning of the new century we find Breuckelen, if not growing rapidly as we now understand the term, at least treading steadily forward and assuming the traits of an organized community.

At a town meeting held in 1693, the common lands of Brooklyn had been divided as follows:

"All lands and woods, after Bedford and Cripplebush over the hills to the path of New Lotts, shall belong to the inhabitants of the Gowanis, beginning from Jacob Brower and soe to the uttermost bounds of the limitts of New Utrecht.

"And all the lands and woods that lyes betwixt the aforesaid path and the highway from the ferry toward Flattbush shall belong to the ffreeholders and inhabitants of Bedfford and Cripplebush.

"And all the lands that lyes in common after the Gowanis betwixt the limitts and bounds of Flattbush and New Utrecht shall belong to the ffreeholders and inhabitants of Breucklin, fred neck, the ferry and the Wallabout."

Among the commissioners appointed to lay out the common lands was Captain Henry Ffilkin, an influential resident of the town and an elder in the Reformed Church. The ordinance provided specifically as follows: "It is likewise ordered and agreed that Capt. Henry Falkin shall have a full share with any or all the ffreeholders aforesaid, in all the common lands or woods, in the whole patent of the Town of Broockland aforesaid beside a half share for his home lott. To have and to hold to him, his heirs and assigns forever. It is likewise ordered that no person whatsoever within the common woods, of the jurisdiction of Broockland aforesaid, shall cutt or fall any oak or chesnut saplings, for firewood during the space of four years from the date hereof, upon any of the said common lands or woods within the jurisdiction of Broockland patent, upon the penaltie of six shillings in money for every waggon load abovesaid soe cutt, beside the forfeiture of the wood soe cutt as abovesaid, the one half thereof to the informer, and the other half for the use of the poor of the Towne of Broockland aforesaid."

At a later town meeting[37] trustees were appointed for the common lands, and regulations adopted respecting the cutting of timber in the public woods. These rules were adopted to prevent the unnecessary cutting of timber and consequent waste. Among other things it was ordered "that no shoemaker or others shall cutt or ffall any trees to barke in the common woods, upon the penaltie of the payment of ffive pounds ffor every tree so cutt." It will be noticed that the orthography of that period was quite different from that in use in the present age.

The common woodlands, amounting to about 1550 acres,[38] were surveyed and apportioned, each house in town receiving an interest in the wood, and being provided with means of ingress and egress from the region so apportioned. A conveyance dated in 1705 gives "alsoe all the rights and privileges of the common woodlands of the town of Broockland aforesaid to said house belonging as per record of said town may appear."

When, in 1703, the improved fenced lands of Breuckelin were surveyed, it was found that Simon Aertson was the largest real estate owner, being the happy possessor of 200 acres.

On the 28th of March, 1704, Fulton Street, then called the King's Highway, was laid out by commissioners appointed by the General Assembly of the Province of New York. The commissioners to whom this duty was assigned were Joseph Hegeman, Peter Cortelyou, and Benjamin Vande Water.

The original plan or description of the road, being interesting and peculiar, is here inserted. It was as follows:--

"One publique, common and general highway, to begin from low water marke at the ferry in the township of Broockland, in Kings County, and from thence to run ffour rod wide up between the houses and land of John Aerson, John Coe and George Jacobs, and soe all along Broockland towne aforesaid, through the lane that now is, and ffrom thence straight along a certain lane to the southward corner of John Van Couwenhoven's land, and ffrom thence straight to Bedfford as it is now staked out, to the lane where the house of Benjamin Vandewater stands, and ffrom thence straight along through Bedfford towne to Bedfford lane, running between the lands of John Garretse Dorlant and Claes Burnse to the rear of the lands of the said Cloyse, and ffrom thence southerly to the old path now in use, and soe along said path to Philip Volkertses land, taking in a little slip of said Philip's land on the south corner, soe all along said road by Isaac Greg's house to the Fflackbush New Lotts ffence, and soe all along said ffence to the eastward, to the northeast corner of Eldert Lucas's land, lying within the New Lotts of Fflackbush aforesaid, being ffour rod wide, all along, to be and continue forever."

Jacob Vande Water, who became town clerk of Breuckelen in 1691, held the position until 1705, when he was succeeded by Henry Ffilkin. Ffilkin held office until 1714. From 1691 to 1699, Joris Hanssen, Hendrick Clausen, and Jan Gerbritse acted as trustees and commissioners of the town. In 1699, the trustees and commissioners were Benjamin Vande Water, Joris Hanssen, and John Garretse Dorlant. From 1700 to 1709, the trustees were Hendrick Vechte, Jacob Hanssen, and Cornelius Vanduyk.

The first supervisor of the town was Joris Hanssen, and he held the position from 1703 until 1714.

Jacob Vande Water, the clerk, owned property in the neighborhood of Tillary and Raymond streets. His tract was mentioned in the patent issued by Governor Dongan in 1686, ratifying previous grants. He took the oath of allegiance to the Government at the time his patent was ratified, having then resided in the colony twenty-nine years. In 1697, he was appointed one of the freeholders to lay out and divide the common lands, and acted in that capacity with Joris Hanssen and Jan Garretse Dorlant, heretofore referred to as trustees. Vande Water was a man of great importance in the little hamlet, and enjoyed the confidence of the community.

The officials of Brooklyn[39] who acted from 1700 were as follows:--

Hendrick Vechte was trustee from 1700 to 1726.

Jacob Hanssen was trustee from 1700 to 1708.

Cornelius Vanduyk was trustee from 1700 to 1726.

John Staats was trustee from 1709 to 1726.

Samuel Garritson (or Gerritse) was town clerk in 1714 and 1715.

Adrian Hegeman became town clerk in 1727, and served in that capacity until 1752.

Joramus Rapelye (Rapalje), Jacobus Leffertse, and Rem Remsen, acted as trustees from 1727 to 1752, a continuous and unbroken board.

Adrian Hegeman came from an old family, and was doubtless a son of Adriaen Hegeman, who, as schepen or schout in 1661, signed the petition to the Director-General of the Council of the New Netherlands, praying that assistance might be given to pay Carol Van Beauvois for teaching school, digging graves, running on errands as messenger, etc., referred to in a previous chapter. His salary as clerk was thirty-three and one third pounds per annum, or about $160 in our money.

On the death of Bellomont (in 1701) the administration devolved upon Lieutenant-Governor Nanfan, until the appointment of a new Governor. Nanfan at the time was temporarily absent in Barbadoes, and in consequence a sharp and bitter contest took place as to the management and control of the province. The anti-Leislerian party claimed that Colonel William Smith, being senior member of the Council, should exercise authority. The Leislerian or democratic party asserted that the same course should be pursued as at the time Sloughter died, which consisted in the election of a temporary chairman. The discussion waxed warm, and would have led to disastrous results, had not Lieutenant-Governor Nanfan opportunely arrived to quell the disturbance.

Nanfan was a strong exponent of the Leislerian policy, and warmly espoused that party's cause. The Assembly convened by him possessed his spirit, was actuated by the same motives, and enjoyed the confidence and support of Leisler's friends.

During the absence of Nanfan and while the Government was without a head, Peter Schuyler and Robert Livingston supported and sustained the pretensions of Colonel Smith, senior councillor, to be considered the temporary ruler of affairs. Livingston was one of Leisler's most determined enemies, and had been execrated as such by Milburne in his dying words. At this time Livingston held the very important office of Secretary of Indian Affairs and Collector of Customs. The new Assembly caused his removal, and required him to furnish his accounts for examination. Not being able to produce them, he was denounced and charged with being a defaulter. His expulsion from the Council followed, together with confiscation of his property and effects for the benefit of the province.

It seemed as if the enemies of Leisler were to be brought quickly to punishment, and that the martyr's friends were to enjoy the sweets of revenge. The feuds which existed between the two parties in the affairs of the colony produced the same confusion in the municipal affairs of the city. In the Board of Aldermen each party had its adherents, and the contentions between the two equaled in intensity of hate the feeling manifested between the contending parties in the war of the Rebellion. Some of the aldermen refused to take the oath of office at the hands of Mayor Noell, and he appointed others in their place. The friends of Leisler refused to act or to recognize the power of the Mayor to make new appointments. To enable an appeal to be taken to decide the question, the Aldermen took a recess, and the city was virtually without a government for a month. The court to whom the matter was referred held that the Mayor possessed the authority to act in the premises by filling vacancies, and thereupon the new officials took their seats. The Board thus became equally divided between the two parties. The Mayor belonged to the aristocratic or anti-Leislerian party, and had the casting vote. This proceeding on the part of the Mayor created intense excitement, and threatened the peace of the city.

Lord Cornbury, a nephew of Queen Anne, who had just ascended the throne, was appointed to succeed Lord Bellomont. Bayard, who had labored to secure the conviction and execution of Leisler and Milburne, having prepared the act under which they were executed, upon hearing of the appointment of Cornbury, transmitted papers to him and to Parliament, strongly condemning the Leislerians and abusing Nanfan and his administration. Nanfan, learning of the action of Bayard, immediately arrested him and his associate, John Hutchins, for treasonable acts in vilifying the administration. Bayard had the misfortune to be tried under the same act which he had prepared for the benefit of Leisler. The act provided "that any person who should endeavor by any manner or way, or upon any pretense, by force of arms or otherwise, to disturb the peace, good, and quiet, of the province, should be esteemed rebels and traitors, and should incur the pains and penalties which the laws of England had provided for such offenses."

Bayard had enforced this law without semblance of pity, but with rancor and hatred in his heart toward Leisler and Milburne. His own hour had come! As he had meted out to others, so he himself was to receive. He could expect no clemency. Bayard was indicted for treason and rebellion, for inciting the soldiers in the fort against the constituted authorities, and for inducing his friends to sign libelous petitions and addresses. Great exertions were made to secure his acquittal, without avail. He was tried, found guilty of the offense, and sentenced to death. Hutchins met with a similar fate. Leisler was not allowed opportunity to appeal for a reprieve, but Bayard and Hutchins received more merciful treatment. Governor Nanfan gave them a reprieve until the matter could be presented to the King and his wishes ascertained. In the mean time Lord Cornbury arrived, and exercised executive clemency by their release. Bayard was again taken in favor by Cornbury, who denounced the Leislerians and identified himself with the party in opposition. The judge who passed sentence on Bayard was obliged to leave the country, having by his conduct incurred the displeasure of the Governor and Council.

Cornbury's administration was intolerant toward every religious and educational advancement. He embraced every opportunity which presented itself to rob and plunder the treasury, and enrich himself thereby. Although his opportunities for enrichment were great, yet he possessed no capacity for saving that which he secured. His recklessness and licentiousness caused him to become deeply involved in debt, and rendered him unpopular with the people; public sentiment was, indeed, strongly against him. This fact, in connection with his general and reckless disobedience of orders, caused his recall in 1708. His creditors, who had looked upon his advancement to the position of Governor as a golden opportunity to secure their claims, feeling keenly the disappointment of not receiving their just dues, and becoming greatly incensed against him, on his return to England had him arrested and cast into prison, where he remained until the death of his father, whom he succeeded in the peerage.

The condition of the negro slave at this time was one of degradation. The negro's privileges were circumscribed, and strict laws were enforced concerning his habits and movements. In order to pass the gates the slaves were obliged to obtain permission of their masters, and were not allowed to meet together. They could not own property, and there were no means provided whereby they could obtain their freedom. If an owner desired to give his slave his freedom, he was liable to pay a heavy fine for transgressing the law. These burdens daily increased. The traffic in slaves became more and more popular as a business.

In order to supply the demand, a public market for slaves was opened in New York in 1711. It was located at the foot of Wall Street, and it was the practice to bring all the slaves who were to be sold or hired to this market, where they could be inspected as so many cattle by parties desiring to bid. So strict were the ordinances passed concerning negroes that they were not allowed to appear in the streets at night unless they had a lighted lantern. All who violated this regulation were committed to jail, and kept in confinement until a fine of eight shillings was paid. The master or owner of the slave on paying this fine enjoyed the privilege of requiring the authorities to give the offending slave thirty-nine lashes at the public whipping-post. It was not unnatural that these regulations should breed among the negroes at times a spirit of rebellion. They committed many murders in retaliation for injuries received.

At Newtown, in 1707, an entire family was murdered by the slaves. On being apprehended, the murderers acknowledged their offense, and gave as a reason for committing the crime that they had been prevented from going out on Sunday. The punishment instituted for the murderous acts of slaves was calculated to fill them with fear and dread. They were even "tied to stakes and burned alive, broken on wheels, or suspended to the limbs of trees and left to perish." Seldom in the world's history has so much inhumanity been manifested towards slaves as in the early days of the colonies.

In 1706, Lord Cornbury issued the following proclamation to the justices of the peace in Kings County:--

By his Excellency, Edward, Lord Viscount Cornbury, Captain General and Governor in Chief of the provinces of New York and New Jersey, and the territories depending thereon in America, and Vice Admiral of the same, etc.: Whereas, I am informed that several negroes in Kings County have assembled themselves in a riotous manner, which if not prevented may prove of ill consequence; you and every one of you are therefore hereby required and commanded to take all proper methods for seizing and apprehending all such negroes in the said county, as shall be found to be assembled in such manner as aforesaid, or have run away or absconded from their masters or owners, whereby there may be reason to suspect them of ill practices or designs, and to secure them in safe custody, that their crimes and actions may be inquired into; and if any of them refuse to submit themselves, then to fire on them, kill, or destroy them, if they cannot otherwise be taken; and for so doing this shall be your sufficient warrant. Given under my hand at Fort Anne, in New York, the 22d day of July, 1706.

CORNBURY.

Furman, in his "Antiquities," refers to the condition of slaves on Long Island, and bears testimony that as a general rule they were peaceable and well behaved. He says that they were much attached to the families to which they belonged. Many now living can bear testimony to this fact. When slavery was abolished in New York it was provided that all who had reached a certain age should remain with their owners and be provided during life with proper support and care. The writer can now call to mind many old negroes who never obtained their freedom. They loved to talk of "massa" and the boys. They considered themselves a part of the family, and often idolized their owners. The master had in them true, warm friends, ever ready to fight his battles and take his part.

The aged negroes loved to sit in the chimney corner and tell to the children the history of the family. They would narrate in glowing language the incidents of the past, and always had eager listeners. They were rarely sold or separated from the family. When a son or daughter was married, a slave became a portion of the dowry or outfit. At times when estates were divided it became necessary to dispose of them. Furman says "that in an inventory taken on the 16th of December, 1719, in Kings County, of the estate of a deceased person, a negro wench and child were valued at £60, while five milk cows, five calves, three young bulls, and two heifers were collectively valued at £20."

New York was visited during the time of Lord Cornbury with that terrible scourge of the human race, yellow fever. It was brought from St. Thomas and spread rapidly. Physicians seemed powerless to prevent its ravages. It was an epidemic long remembered and dreaded by the citizens of New York. All who could get away fled either to Jersey or Long Island. Lord Cornbury, with his retinue, took up his residence in Jamaica, Long Island. In order to afford suitable accommodations for so high a dignitary as the Governor, the Presbyterian minister of the village cheerfully gave up his parsonage to his use, removing himself to a smaller and less pretentious house.

In return for this act of kindness, Cornbury was guilty of a very contemptible trick toward the Presbyterian minister and church. The Governor was an uncompromising supporter of the Established Church of England, and was ready at all times to advance her interests. The Presbyterian church of Jamaica was strong and prosperous. Its popularity made the few Episcopalians in the village jealous and anxious to secure the property. The presence of Cornbury induced them to take possession of the building on a Sunday afternoon between services. This act resulted in violence between the parties, each of which claimed title. The pews were torn out, and the turmoil was only quelled by the appearance of the Governor, who decided that the Episcopalians were entitled to possession.

A law suit followed, and the Episcopalians kept possession until 1728. The sheriff also seized the parsonage and land, and leased it for the benefit of the Episcopal Church. Cornbury, having been kindly treated by the minister, rewarded the act of courtesy by surrendering the house into the hands of the Episcopal rector, who took possession and occupied the house when Cornbury returned to New York.

Cornbury was succeeded in 1710 by Robert Hunter, who was a man of fine abilities, good character, possessed of excellent business qualities, and of a varied experience. He was one who in our day would pass for a very good Yankee. He was born of humble Scotch parents, who had not the means to supply him with an education. He was in a great measure a "self-made" man. When very young he was apprenticed to an apothecary. This employment not suiting his taste, he ran away and enlisted in the army as a private. Possessing honesty and perseverance, and withal having a desire to please his superior officers, he soon gained their affection and good will, and was placed in the line of promotion. His manliness gained him friends everywhere, and in a short time the poor Scotch lad rose to the rank of a brigadier general. He was now thrown into the society of the cultivated and refined.

Hunter married an heiress, through whose instrumentality he was appointed Lieutenant-Governor of Virginia. He started for his new field of labor in 1707, was captured by a French cruiser and taken back to Europe as a prisoner. He was exchanged after having been a prisoner only a short time. What at first seemed to be a hardship in his case proved a blessing, and the precursor of higher honors. Upon being released the Queen removed the gall from the bitterness he had endured by bestowing upon him the position of governor of the provinces of New York and New Jersey.

Hunter considered it a paramount duty on his part to enforce the requirements of the Crown. In acting in accordance with their wishes he was compelled to oppose every manifestation of republican feeling on the part of the people, and to ally himself with the aristocratic party. He chose his councillors from this party, but was careful to select men of intelligence and power. Among his first advisers might be mentioned Gerardus Beekman, Rip Van Dam, an honest and successful Dutch merchant; Killian Van Rensselaer, whose family were patroons on the Hudson. The Huguenots were represented in his Cabinet by John Barbarie and Frederic Philipse. Hunter was deeply interested in the Huguenot element of the population.

Governor Hunter had a fixed desire to acquire additional territory for his Queen. He projected an expedition to conquer Canada, and used his influence to induce New England to join in the enterprise. This was in 1711. It was a measure which met with hearty acquiescence in New York. The attention of the Assembly was brought to the subject, and at once an appropriation of ten thousand pounds was made to defray the necessary expenses. The Assembly issued bills of credit, and they may be said to be the beginnings of paper money in our country, as such notes had never before been used in the colony.

In 1712, after the failure of the expedition for conquest, rumors of an intended negro rebellion were heard on every side. It was noticed that the movements of the slaves were mysterious, and the general opinion was that the slaves intended to cause a riot; and a natural alarm spread through the communities on Manhattan Island and on the Brooklyn side of the river. These fears were not unfounded. The smouldering fire burst out into a flame. Property was destroyed, one house was burned, and several white men were killed. It was resolved to make a general arrest of the negroes. Nineteen were taken, tried, and executed for their connection with the disturbance.

In 1713, the war between England and France terminated by the treaty of Utrecht, which put an end to the effort to conquer Canada.

Hunter's health failing, in 1719, after a term of nine years, he was obliged to seek a change of climate, and returned to England, leaving the administration of affairs in the hands of his trusty friend, Peter Schuyler. He bade adieu to New York in July, 1719, bearing with him the good wishes of the people.

Schuyler's official career was short, lasting but one year. His long residence and connection with public matters proved of service to himself and the people he governed, and rendered his short administration eminently successful. He exercised great influence with the Indians, having ever shown himself to be their friend and protector, and having on many occasions interceded with them, and thereby saved the settlement from invasion and destruction. One of his principal and most worthy acts was the restoration of friendship between the whites and Iroquois Indians, which gave him deserved popularity.

The next governor was William Burnet, a son of the celebrated Bishop Burnet. He arrived on the 17th of September, 1720, immediately assumed control and entered upon his duties as governor of the combined provinces of New York and New Jersey. He was a man of education and ability, and above all things else was thoroughly honest. He readily saw that the wisdom and prudence of Hunter had been beneficial to the colony, and he resolved to follow the same course his predecessor had pursued. One of his first acts was to continue the Assembly which had been convened by Hunter, and he kept it in existence for eleven years. The Assembly manifested its confidence and gratification by voting him a revenue for the succeeding five years.

It was soon after the opening of Burnet's administration that the people of Brooklyn and Kings County began to give signs of annoyance and agitation over encroachments made by private owners upon the king's highway leading from the ferry, and now represented by Fulton Street. This highway, as we have seen, had been laid out in 1704, by the duly constituted commissioners, and it was provided "that it was to be ffour rod wide and to continue forever."

In April, 1721, the General Sessions of the Peace for Kings County held its term, and, after a due consideration of the question, indictments for encroaching on the "common highway of the King leading from the ferry to the church," were found against John Rapalje, Hans Bergen, and others. It appears very singular that these indictments were obtained at the instance and upon the complaint of two of the indicted parties.

The complaint on which this indictment was obtained was as follows:--

Flatbush, April 19, 1721. John Rapalje and Hans Bergen of the fferry desires of the Grand Jury that the Commissioners own being should be presented for not doing there duty in laying the King's highway according to ye law, being the King's highway is too narrow from the ferry to one Nicolus Cowenhoven living at Brooklyn, and if all our neighbours will make ye road according to law, then ye said John Rapalje and Hans Bergen is willing to do the same as aforesaid, being they are not willing to suffer more than their neighbors. As witness our hands the day and year first above written.

JAN RAPALJE. HANS BERGEN.

These men were governed by a desire that all should fare alike, demanding that the law should be enforced without fear, favor, or partiality.

Some of the persons indicted, in connection with others who felt aggrieved and feared that they also might be placed in a similar unpleasant position, applied to the Colonial Legislature, and secured the passage of a law on the 27th of July, 1721, "to continue the common road or King's highway from the ferry toward the Town of Breuckland, on the Island of Nassau, in the Province of New York." The preamble was as follows: "Whereas, Several of the inhabitants on the ferry on the Island of Nassau, by their petition, preferred to the General Assembly, by setting forth that they have been molested by persecutions, occasioned by the contrivance and instigations of ill and disaffected persons, to the neighborhood, who would encroach upon the buildings and fences that have been made many years, alledging the road was not wide enough, to the great damage of several of the old inhabitants, on the said ferry, the said road as it now is, has been so for sixty years past without any complaint either of the inhabitants or travellers."

The remaining sections of the law established the road "forever," as it then existed, from the ferry upward to the town of Breuckland, as far as the swinging gate of John Rapalje, just above the property belonging to James Harding. The unwillingness of the early settlers to part with their land, when land was so cheap, accounts in a great measure for our present narrow and crooked street. These early settlers, in their opposition to the widening of the street, might have desired to preserve some favorite fruit or shade tree. It has been given as a reason why Broadway, New York, makes a turn or diverges at Grace Church, that a Dutchman had a favorite cherry tree on the line of the thoroughfare as proposed, and, if the street was continued in a direct line, the tree would have felt the woodman's axe.

Another provision of this enactment was the privilege it gave that, if a majority of the inhabitants of the town should "adjudge that part of the road near to the ferry to be too narrow and inconvenient," they could take proceedings to have it widened. In order to secure this improvement, "they might cause the sheriff to summon a jury of twelve men to appraise the value of land to be taken, and the amount of value so ascertained should be levied upon the towne, and collected and paid to the owners of the land so appropriated to street purpose."

This provision of the law was never enforced. The people seemed to rest content with their narrow, winding, crooked lane, which in those days resembled a cow-path. The "swinging gate" referred to, is said to have been located on the rise of the hill at or near the junction of Sands and Fulton streets.

The commissioners of highways laid out another important highway or road on the 28th of March, 1704. It led to the public landing place at the mills of Nehemiah Denton at Gowanus. The record of this road is as follows:--

"One common highway to Gowanus Mill, to begin from the northeast corner of Leffert Peterses ffence, and soe along the road westerly as it is now in use, to the lane yt parts the lands of Hendrick Vechte, and Abraham Brower and Nicholas Brower, and soe all along said lane, as it is now in ffence to the house of Jurian Collier, and from thence all along the roade, now in use to the said Gowanus Mill, being in all four rod wide to the said lane, and that there be a convenient landing place for all persons whatsoever, to begin ffrom said southermost side of said Gowanus Mill house, and ffrom said house to run ffour rod to the southward, for the transportation of goods, and the commodious passage of travellers; and that said highway to the said Gowanus Mill ffrom said house of said Jurian Collier, shall be but two rod only, and where it is now in use said common highway to be and continue forever; and ffurther that the ffence and gate that now stands upon the entrance into said mill neck, shall soe remain and be alwayes kept soe enclosed with a ffence and hanging gate; and the way to said mill to be thorou that gate only, and to be alwayes shutt or put to, by all persons that passes thorou."

In 1709 another road[40] and landing place had been laid out at or near the mill of John C. Friecke.

Brooklyn's political fortunes were at this period so intimately connected with those of New York city that the political history of one is, in general, the political history of the other; yet Brooklyn and Kings County held sufficiently aloof to justify the omission of any particular chronicle of the administration of Burnet and its quarrels with the French, or the circumstances attending the Governor's transfer to Massachusetts by George II.

The next Governor, John Montgomerie, was instructed to continue the policy of Hunter, but he had not the firmness to do so.

The principal event in Montgomerie's administration, and one which is held in lasting remembrance in New York, was the grant of an amended charter to the city in 1730. This charter, as well as the Dongan charter, of which it was an amendment, is one which has always been of interest to Brooklyn, as it claimed to fix the limits of the city of New York. The limits thus embraced in the charter extended to low-water mark on the Long Island shore.[41]

On the death of Montgomerie, in 1731, the Governorship passed temporarily to Rip Van Dam, senior member of the Council, in whose accession the Dutch elements in New York and Kings County rejoiced greatly.

Colonel William Crosby, who became Governor in 1732, was guilty of infamous tyrannies and usurpations, as in the Van Dam trial, and later in the persecution of John Peter Zenger, publisher of the "Weekly Journal," a newspaper started in opposition to the administration "Gazette" and to voice the popular opposition.

Under Crosby's instigation the Council promulgated an order directing that the papers containing the obnoxious articles should be burnt by the hangman at the pillory. When this order was presented to the Quarter Sessions the Aldermen protested strongly against it, and the court thereupon refused to allow it to be entered on the records. The Recorder, Francis Harrison, was the only one who attempted to defend it, and he based its regularity upon former English precedents. The court also refused to allow the hangman to execute the order, and it was carried into effect by a negro slave, hired for the purpose. The negro did his work in the presence of the Recorder and other partisans of the government. The magistrates, with great and commendable unanimity, refused to attend, and evidently considered that the whole proceeding was but on a par with the former actions of the adherents of the Crown.

The burning of the papers did not satisfy the aristocratic party. They desired to be avenged, and, thirsting for a victim, shortly after caused the arrest of Zenger on the charge that he had been guilty of publishing treasonable and seditious libels against the Government and her representatives. He was imprisoned on this complaint, and, while in jail awaiting the action of the grand jury, was treated in a cruel and inhuman manner by his jailers. The ordinary courtesies usually granted to unconvicted men were denied him. He was even refused the use of pen, ink, and paper. The jail of the city at that time was in the City Hall, in Wall Street. Here Zenger was imprisoned.

Application was made by his friends to have him submitted to bail, and for the purpose of having the amount fixed, he was brought before the court on a writ of _habeas corpus_. The court required him to give bail in the sum of £400, with two additional sureties in the sum of £200 each. This was virtually a denial of bail, as he could not procure the requisite amount. In his endeavor to get his bail reduced, he swore that he was not worth, exclusive of his trade tools, the sum of £40. On this affidavit he was remanded to his place of confinement.

The trial of Zenger occasioned great excitement on both sides of the East River. The acquittal brought immense enthusiasm and lavish honors on Andrew Hamilton, who brilliantly defended the popular publisher.

In the Assembly called in 1737, under Governor Clarke, Kings County was represented by Samuel Garretson, Abraham Lott, and Johannis Lott.

Brooklyn's population in 1738 was 721. In the same year the population of the other settlements was as follows: Flatbush, 540; Bushwick, 302; New Utrecht, 282; Flatlands, 268; Gravesend, 235.

The breaking out of virulent smallpox in New York brought the Assembly of 1745-46 to Brooklyn, a matter of momentous interest to the little hamlet. The house of "Widow Sickle" was honored by the Assembly as a place of meeting, and its great room was so occupied for several months.

During Governor Clinton's term smallpox appeared a second time in New York (in 1752), and the Colonial Assembly again sought quarters in Brooklyn in which to hold their deliberations. The Legislature chose a house on Fulton Street near Nassau. It was at this important session that, on the 4th of June, 1752, the Colonial Commissioners canceled bills of credit, issued by the Colony of New York, amounting to the sum of £3,602 18s. 3d. The Assembly manifested no little acrimony toward the Governor and displayed a growing feeling of independence.

This independence of the representatives of the people appeared with increasing frequency, and signs of it so preyed upon gloomy Sir Danvers Osborne, who succeeded Clinton, that he hanged himself with a handkerchief in his garden, shortly after his inauguration, leaving Lieutenant-Governor DeLancey[42] to assume control of the government.

Meanwhile one phase of Long Island's relations to New York should not escape notice. The position of Long Island made it natural that New York should look to it as in a measure a bulwark against attack from the sea, and various governors displayed an interest in repairing those harbor fortifications which rested on the Island.

Governor Clarke addressed the Legislature, in 1741, in the following terms: "There is great reason to apprehend a speedy rupture with France; your situation ought therefore to awaken you to a speedy provision against that event, in fortifying the town in a better manner than it is at present by erecting batteries in proper places upon some of the wharves facing the harbor, others upon the side of the Hudson River adjoining the town, and one at Red Hook, upon Long Island, to prevent the enemy from landing at Nutten Island."

Governor Clinton, on April 30, 1744, assured the Legislature in a special message that "it was absolutely necessary there should be a battery of six guns at Red Hook, on Nassau Island, which would effectually prevent the enemy's lying there, to bombard the city, or their landing any force or artillery on Nutten Island. In case of any such attack upon us, this battery might be easily supplied and maintained by the force of the country."

Of life on Long Island and throughout the Colony during the period immediately preceding the Revolution we find many interesting glimpses through the medium of newspapers of the time.

The "Weekly Post Boy" of June 18, 1753, contained an advertisement which was of interest to the citizens of Long Island:--

Notice is hereby given that the Ferry House from Long Island to Staten Island, commonly known by the name of the Upper Ferry, otherwise Stillwell's Ferry, is now kept by Nicholas Stillwell, who formerly occupy'd the same; he has two good Boats well accommodated for the safe Conveyance of Man or Horse across the Narrows. He also proposes to carry, if required, travellers either to Staten Island, Elizabethtown Point, Amboy, or New York, and that at the most reasonable terms. He continues to keep good entertainment for travellers.

NICHOLAS STILLWELL.

John Lane advertised in the "Mercury" June 18, 1753, as follows:--

This is to inform the Publick that John Lane now keeps the ferry at Yellow Hook, 6 miles below New York ferry on Long Island, and has provided good boats, well fitted, with proper hands, and will be ready at all times (wind and weather permitting) to go to Smith's Ferry on Staten Island, with a single man only. There will be good entertainment at said house, where all gentlemen travellers and others may expect the best of usage, for themselves and horses, from their very humble servant,

JOHN LANE.

N. B. Travellers are desired to observe in going from Flat Bush to said ferry to keep the mark'd trees on the right hand.

The Free and Accepted Masons are referred to by the "Mercury" as having observed in due form the anniversary of St. John. Its account of the proceedings is as follows: "Sunday the 24th ult., being the Anniversary of the Festival of St. John the Baptist, the Ancient and Right Worshipful Society of Free and Accepted Masons, of this City, assembled at Spring Garden, the next Day, and being properly cloathed, made a regular Procession in due Form, to the Kings Arms Tavern in Broad Street, near the Long Bridge, where an elegant Entertainment was provided; and after drinking his Majesty's and several other loyal Healths, the Day was concluded in the most social manner, and to the entire satisfaction of all the Company."

The following peculiar advertisement appeared in the "Post Boy" in 1753:--

"By a person lately arrived in this Town, Painting upon Glass (commonly call'd burning upon Glass) is performed in a neat and curious Manner so as to never change its Colour; Perspective Views neatly colour'd for the Camera Obscura.

"N. B. Young gentlemen and ladies are instructed in either of the above, so as to be capable to perform it themselves in a little Time, at a reasonable Rate. By the same person, Land Surveyed, Designs for Buildings, Plans and Maps neatly drawn. Enquire at Mr. John Ditcher's Tallow Chandler and Soap Boiler in the Sloat."

It would appear that Bedloe's Island at that time was private property, and was considered by the owner to be very valuable. He advertised:--

"To be Let, Bedloe's Island, alias Love Island, together with the Dwelling House and Light House, being finely situated for a tavern where all kinds of Garden Stuff, Poultry, &c., may be easily raised for the shipping outward bound, and from where any Quantity of pickled Oysters may be transported; it abounds with English Rabbits."

The "New York Gazette" of July 23, 1753, made an announcement, of interest to Presbyterians, that--

"Inasmuch as it was yesterday the declared Intention of the Presbyterian Church in this City to make use of the Version of Psalms Known by the Name of Mr. Watt's in their publick Worship, this may serve to acquaint all concerned, that an Impression of these Psalms was done here in the year 1750, in order to supply two or three neighboring congregations, which are now almost all sold off, and a new Impression begun, which would have been finished as Leisure Time permitted; but as there is likely to be a small Demand quickly for them, the Impression will be now proceeded in immediately, and finished with all Dispatch; so that in a very few Weeks they will be ready. And all such Families of this City, as shall take three or more of them at once, shall at any time before the 1st of November next, have them at the wholesale price of 2s. per Book, and singly 2s. 4d., plain bound, and others who incline to have them neatly bound will have them at the Difference for the Binding. On Notification some time ago, that the new Version of Psalms by Tate and Brady was to be introduced into that Church, an Impression was immediately made of them, which fell upon the Printer's Hands; he presumes, therefore, that all such as occasioned his Damage in these, will prefer the Purchasing of these of him to any other. N. B.--The above Impression of Tate and Brady's Psalms is a pretty good one, and to be sold bound very cheap."

In these days the Scottish settlers kept alive the remembrance of home. Their quarterly meeting received the following notice:--

"The members of the Scots Society, in this City, are desired to take Notice, that their Quarterly Meeting is on Wednesday evening, the 1st of August next, at the House of Mr. Malcolm McEwen, near the City Hall."

On the 4th of June, 1753, we have seen that notice was given of the drawing of a lottery for the benefit of the Presbyterians. On the 23d of July following, notice was published that, "By a law passed the last sessions, a publick Lottery is directed for a further provision toward founding a College for the Advancement of Learning within this Colony, to consist of 5,000 tickets at Thirty shillings each, 1,094 of which are to be fortunate."

There was to be one prize of £500, and the lowest was £5. The notice continued: "Fifteen per cent. to be deducted from the Prizes: As such a laudable Design will greatly tend to the welfare and Reputation of this Colony, it is expected the Inhabitants will readily be excited to become Adventurers. Publick notice will be given of the precise Time of putting the Tickets in the Boxes, that such Adventurers as shall be minded to see the same done, may be present at the doing thereof. The Drawing to commence on the first Tuesday in November next, or sooner if full, at the City Hall of New York under the Inspection of the Corporation, who are impowered to appoint two or more of their Body to inspect all and every Transaction of the said Lottery; and two Justices of the Peace, or other reputable Freeholders of every county in this Colony, if they see cause to dispute the same at their next general Sessions of the Peace. Publick notice will be given fourteen Days before the Drawing. The managers are sworn faithfully to execute the Trust reposed in them, and have given Security for the faithful Discharge of the same. Such as forge or counterfeit any Ticket or alter the Number, and are thereof convicted, are by the Acts to suffer Death as in the cases of Felony. The Prizes will be published in this paper, and the Money will be paid to the Possessors of the Benefit Tickets as soon as the Drawing is finished. Tickets are to be had at the Dwelling House of Messieurs Jacobus Roosevelt and Peter Van Burgh Livingston, who are appointed managers. The managers would acquaint the Publick, that upwards of one thousand Tickets are already engaged to the Hand in Hand and American Fire Companies in this City, to whom the Tickets are already delivered. The Prosperity of the Community greatly depending upon the regular Education of Youth, it is not doubted but that the Lottery will soon fill; Those therefore that Design to become Adventurers are desired speedily to apply for Tickets or they may be disappointed."

An advertisement announces the sale of "Joyce's great wound balsam," a "corrector for coughs and colds," and other things, at Edward Joyce's shop "near the Brooklyn ferry." Israel Horsfield offers "two negro men, one of which has served with a ship carpenter, and is a good caulker, and has lately served with a brewer and maltster, and is very handy." The widow Rapalje at the Brooklyn ferry was robbed, in 1768, of "a gold ring, seven silver spoons, one pair of gold sleeve-buttons, two Johannesses, two doubloons, two New York £5 bills, and about £40 in Jersey bills and dollars." A negro named Cæsar was the thief, and, being found guilty, he was executed.

In August, 1771, Ares Remsen, at the Wallabout, offered 20 shillings reward for a "negro man, Newport, Guinea-born, and branded on the breast with three letters." On Sunday, February 24, 1773, "the coldest day for more than half a century," the harbor and river were so full of ice "that many people walked over to Brooklyn and back again." By a notice in the "Mercury" of February 21, 1774, it appears that a ferry was established from Coenties Market, New York, to the landing-place of P. Livingston, Esq., and Henry Remsen, on Long Island, and another from Fly Market, and a third from Peck Slip "to the present ferry-house at Brooklyn." The Livingston landing was near the foot of the present Joralemon Street. "St. George's Ferry," as this was called, was operated for not more than two years.

Speaking of Brooklyn affairs "Rivington's Gazette" (March 31, 1774), says: "Many persons have been misled by an opinion that the church proposed to be erected by lottery, at Brooklyn, is to be under the ministry of the Rev. Mr. Bernard Page. It will be a truly orthodox church, strictly conformable to the doctrine and discipline of the Constitutional Church of England as by law established, and under the patronage of the Rev. Rector and Vestry of Trinity Church."

It was at Tower Hill, on the Heights, near St. George's Ferry, that a tavern was opened in May, 1774, and according to an advertisement, in August following, there was to be "a bull baited on Tower Hill, at three o'clock in the afternoon, every Thursday during the season."

Meanwhile the relations of the American colonists with Great Britain had begun to show more than a slight strain. George III. ascended the throne in 1760. In 1765 Grenville became the Prime Minister of England. Grenville held that England had a right to impose taxes and regulate the affairs of the colonies without consulting their wishes in the premises. As a result of his efforts in this direction, an act was passed providing for a tax on articles which had previously been entered free of duty. To enforce the same the powers and jurisdiction of the courts in admiralty were enlarged. These acts were looked upon by the colonists as tyrannical. At first, the people could not believe the report. When they came to realize the facts, their indignation knew no bounds. Meetings were held nightly, and the measures were denounced in severe terms as unjust and tyrannical. This feeling was not confined to the city of New York alone, but was manifest in all the settlements of the colony. Protests were prepared and freely signed against the proposed Stamp Act, and urging the immediate repeal of the Sugar Act, which had recently become a law.

The Assembly in its session in March, 1764, passed stringent resolutions in opposition to the invasion of their vested rights, and forwarded a forcible memorial to the ministry in opposition to the enforcement of the obnoxious acts. It should be borne in mind that the Assembly was composed of delegates or members from the twelve counties included in the province of New York, three of which counties were on Long Island.[43] The County of Kings was represented by Simon Boerum and Abraham Schenck. At this time Abraham Lott, Jr., of Kings County, was Clerk of the Assembly. The members from Kings County received seventy-five cents per diem, and were paid by their constituents, and the same sum per day for the time consumed in their journey to New York, also paid by their constituents. The language used in the remonstrance of the Assembly was bold and decided. It did not beg the question, but was spirited, severe, and just in its condemnation of the overt acts of Parliament. The Assembly and the citizens were destined to be severely punished for the bravery they displayed in the defense of their rights. The action of the Assembly resulted in the total suspension of legislative prerogatives, and deprived the people of their representation in the government of the colony. The neighboring colonies also sent petitions on the subject to Parliament. These were received because they were couched in feebler language, and after consideration were rejected. To the credit of New York it must be said that she presented her objections in a bold and fearless manner. Her Assembly spoke in trumpet tones that gave no uncertain sound. The import and meaning of her protest could not be misunderstood, and showed her people to possess something of Roman fortitude and firmness. Had the sister colonies at the outset manifested the same vigorous spirit as was displayed by the descendants of the defenders of Leyden, Parliament would not have dared to pass the reprehensible acts. The inhabitants of New Amsterdam kindled the fire which was to produce a revolutionary flame of glory. It was well for the country that the citizens of New York so early manifested patriotic feeling, and the spirit which was inwrought in them furnished the leaven which was destined to infuse itself into the New England and other colonies, and to ultimately bear fruit in independence.

In March, 1765, Parliament set further torch to the colonial spirit by passing the celebrated Stamp Act. When the time came for the enforcement of this act the country gave unmistakable signs of its resentment, and New York was conspicuously rebellious in mood.

At last the eyes of Parliament were opened. They saw that it was useless to attempt to force the colonists to submit to the outrageous measure, and reluctantly repealed the act on February 20, 1766. The news of the repeal was received in New York May 20, 1766,--three months after the action of Parliament. Its reception filled the community with joy. The bells of the city rang forth joyful peals of praise and thanksgiving. In honor of the event, bonfires were kindled in prominent places, and a public dinner was given by the corporation. Again, on June 4, 1766, being the anniversary of the King's birthday, another celebration was had by the patriots on the commons, near where the City Hall now stands. A barbecue was held, whereat roast ox, beer, and punch were provided in sufficient quantities to supply the wants of all. The greatest enthusiasm prevailed. A liberty pole was erected, amid the cheers of the people, which bore the inscription, "The King, Pitt, and Liberty." Every citizen felt proud that he had asserted his manhood, and had secured a recognition of his rights. This standard of liberty was destined to have an eventful history and to figure conspicuously at a later day.

During these trying times the Kings County officials were: Jeremiah Vanderbilt, Sheriff, who held office from 1763 to 1766; Samuel Garritson, Common Pleas Judge, who served in that capacity from 1749 to 1767; Abraham Lott, Jr., of Kings County, who was Clerk of the Assembly from 1751 to 1767; William Nicoll, of Suffolk County, who was Speaker of the Assembly, holding that office from 1761 to 1768. Kings County was represented in the Assembly by the following sterling men:--

Abraham Lott, from 1737 to 1750.

D. Vanderveer, from 1750 to 1759.

Abraham Schenck, from 1759 to 1768.

Simon Boerum, from 1761 to 1775.

Simon Boerum was also Clerk of Kings County from 1750 to 1775.

Governor Moore, having failed to control the Assembly, manifested his spite toward that body by formally dissolving them on the 11th of February, 1768, and directing a new election for members. His instructions were to secure the return of more pliable men than those composing the previous legislature. The people were not subservient to dictation, and, daring to maintain their principles, took good care to assert their manhood by electing men of firmness and decision.

In the new body Kings County was represented by Simon Boerum, John Rapalje, and Abraham Schenck. Queens County sent Daniel Kissam and Zebulon Seaman. Suffolk County elected Eleazor Miller and William Nicoll, second. Of these members so returned, all but John Rapalje were members of the recently dissolved Assembly. It may be supposed that such material would not readily submit to the exactions of the Crown. Philip Livingston, of New York, was chosen Speaker.

The new Assembly met in October, 1768, and at once proclaimed its independence and its contempt for royal dictation by opening a correspondence with the Assembly of Massachusetts. This was a direct and open violation of the commands which had been issued by his Majesty the King, which was that the colony should hold no correspondence with other provinces. A circular had been sent to the Assembly in New York from Massachusetts, in which the aid and assistance of New York was earnestly besought for coöperation in securing the removal of grievances which were common to all the colonies.

In the next Assembly the tone was so different as to excite the resentment of the patriots. Shortly afterward the soldiery and the people came into collision in trifling but significant ways. The so-called battle of Golden Hill was prophetic of the approaching revolution.

When Dunmore apprised the English government of the events which had taken place, he was careful to attribute them to party violence, encouraged by factious opposition to the Crown and the Established Church of England. He endeavored to make it appear that the contentions arose from the objections of the popular leaders to the enforcement of the laws passed by Parliament. Judging from the tenor of his report, one would be led to suppose that the soldiers were actuated solely by a desire to maintain and uphold the dignity of the government. They were specially commended for their exertions in subduing the rebellion.

Lord Dunmore, after a brief term in office, was succeeded in the office of Governor by William Tryon.

The "tea party" of April 23, 1774, illustrated the temper of the people. Other incidents of a less picturesque kind indicated not less clearly the determination to shake off the yoke of foreign control.

The General Assembly of New York, having at the time of its adjournment refused to comply with the recommendation of the Colonial Congress to elect delegates to attend another meeting of that body, to be held in the city of Philadelphia, May 10, 1775, a call was issued by the Committee of Sixty, in March, addressed to the several counties throughout the colony, directing them to elect deputies to a provincial convention, to be held in the city of New York, on the 20th of April, for the purpose of choosing delegates to represent the colony in the Continental Congress. This convention, on the day appointed, met at the Exchange, in New York. Philip Livingston, one of the Committee of Sixty, was chosen president. Livingston, at this time, owned a very large tract of land in the neighborhood of Hicks and Joralemon streets, on which he had erected a handsome residence. In that body Kings County was represented by Simon Boerum, Denys Denice, Theodorus Polhemus, Richard Stillwell, and J. Vanderbilt. All of these men were well known, and enjoyed the confidence of their constituents.

At a meeting held on the 5th of May, a committee of one hundred of the first and foremost citizens of New York and Kings County was chosen to administer affairs during the political crisis. This committee was composed of such men as John Jay, the brave Welshman Francis Lewis, whose bold signature was appended to the Declaration of Independence, and who for many years resided and owned property in Brooklyn; Philip Livingston, the fearless; James Duane and John Alsop, who were members of the Colonial Congress of September, 1774, which met in Philadelphia; William Walton, whose house in Pearl Street was rendered famous as an ancient landmark; Augustus Van Horne, a stalwart Dutchman; Abraham Duryea, Samuel Verplanck, Abraham Brasher, Leonard Lispenard, Nicholas Hoffman, Lewis Pintard, Nicholas Bogart, Isaac Roosevelt, Gabriel H. Ludlow, Abraham Brinkerhoff, Henry Remsen, Benjamin Kissam, Jacob Lefferts, James Beekman, John Berrien, John Lamb, the daring and intrepid Richard Sharp, Jacob Van Voorhis, Comfort Sands, who afterward lived in Brooklyn; Peter Goelet, and James Desbrosses.

Just previous to the assembling of the Provincial Congress in New York, a general town meeting was held in Brooklyn. The official record of that meeting is as follows:--

At a general town meeting, regularly warned at Brooklyn, May 20, '75, the magistrates and freeholders met and voted Jer. Remsen, Esq., into the chair, and Leffert Lefferts, Esq., clerk.

Taking into our serious consideration the expediency and propriety of concurring with the freeholders and freemen of the City and County of New York, and the other colonies, townships and precincts within this province, for holding a Provincial Congress to advise, consult, watch over and defend, at this very alarming crisis, all our civil and religious rights, liberties and privileges, according to their collective prudence:

After duly considering the unjust plunder and inhuman carnage committed on the property and persons of our brethren in the Massachusetts colony, who, with the other New England colonies, are now deemed by the mother country to be in a state of actual rebellion, by which declaration England hath put it beyond her own power to treat with New England, or to propose or receive any terms of reconciliation until those colonies shall submit as a conquered country--the first effort to effect which was by military and naval force; the next attempt is, to bring a famine among them by depriving them both of their natural and acquired right of fishing. Further, contemplating the very unhappy situation to which the powers at home, by oppressive measures, have driven all the other provinces, we have all evils in their power to fear, as they have already declared all the provinces aiders and abettors of rebellion; therefore, first,

_Resolved_, That Henry Williams and Jer. Remsen, Esq., be now elected deputies for this township, to meet, May 22, with other deputies in Provincial Convention in New York, and there to consider, determine and do, all prudential and necessary business. Second,

_Resolved_, That we, confiding in the wisdom and equity of said convention, do agree to observe all warrantable acts, associations and orders, as said Congress shall direct.

Signed, by order of the town meeting.

LEFFERT LEFFERTS, Clerk.

Lieutenant-Governor Colden, who occupied the post of Governor during Tryon's absence in England, died in September, 1776, at his home at Spring Hill, Flushing, Long Island, aged 88 years.