The Members for Queen's County, being Quakers, were afterwards difmiffed, for refufing the Oaths directed by the Governour's Commission, but all the reft were qualified before two Commiffioners appointed for that Purpose. James Graham was elected their Speaker, and approved by the Governour. The Majority of the Members of this Affembly were against the Meafures, which Leifler purfued in the latter Part of his Time, and hence we find the House, after confidering a Petition figned by fundry Perfons against Leifler, unanimously resolved, that his diffolving the late Convention, and imprisoning feveral Perfons, was tumultuous, illegal, and against their Majefties Right, and that the late Depredations on Schenectady, were to be attributed to his Ufurpation of all Power.

They refolved, against the late forcible Seizures made of Effects of the People, and against the levying of Money on their Majefties Subjects. And as to Leifler's holding the Fort against the Governour, it was voted to be an Act of Rebellion.

The House having, by thefe agreeable Refolves, prepared the Way of their Accefs to the Governour, addressed him in these Words.

"We their Majefties most dutiful and loyal Subjects, convened, by "their Majesties moft gracious Favour, in General Affembly, in this Province, do, in all most humble Manner, heartily congratulate, your Excellency, that as, in our Hearts, we do abhor and detest all the rebel"lious, arbitrary and illegal Proceedings of the late Ufurpers of their

Majesties Authority, over this Province, fo we do, from the Bottom of our "Hearts, with all Integrity, acknowledge and declare, that there are none, "that can or ought to have, Right to rule and govern their Majesties Subjects here, but by their Majesties Authority, which is now placed in your Excellency; and therefore we do folemnly declare, that we will, with our "Lives and Fortunes, fupport and maintain, the Administration of your Excellency's Government, under their Majefties, against all their Majefties "Enemies whatfoever: and this we humbly pray your Excellency to accept, as the fincere Acknowledgement of all their Majefties good Subjects, within this their Province; praying for their Majesties long and happy

happy Reign over us, and that your Excellency may long live and rule, "as according to their Majefties most excellent Conftitution of Governing "their Subjects by a general Affembly."

Before this House proceeded to pass any Acts, they unanimously resolved. "That all the Laws confented to by the general Affembly, 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 alfo, the feveral Ordinances, "made by the late Governors and Councils, being contrary to the Conftitution of England, and the Practice of the Government of their Majefties other Plantations in America, are likewife null and void, and of no Effect, nor Force, within this Province."

Among the principal Laws enacted at this Seffion, we may mention that for establishing the Revenue, which was drawn into Precedent. The Sums raised by it, were made payable into the Hands of the Receiver-General, and iffued by the Governour's Warrant. By this Means the Governour became, for a Seafon, independent of the People, and hence we find frequent Instances of the Affemblies contending with him for the Discharge of Debts to private Perfons, contracted on the Faith of the Government.

Antecedent to the Revolution, innumerable were the Controverfies relating to publick Townships and private Rights; and hence, an Act was now paffed, for the Confirmation of antient Patents and Grants, intended to put an End to thofe Debates. A Law was alfo paffed for the Establishment of Courts of Justice, tho' a perpetual Act had been made to that Purpofe in 1683, and the old Court of Affize entirely diffolved in 1684. As this enacted in 1691, was a temporary Law, it may hereafter be disputed, as it has been already, whether the prefent Establishment of our Courts, for general Jurifdiction, by an Ordinance, can confist even with the preceding Act, or the general Rules of Law. Upon the Erection of the fupreme Court, a Chief Juftice, and four Affiftant Judges, with an Attorney General, were appointed. The Chief Juftice, Jofeph Dudley, had a Salary of 1301. per Annum: Johnfon the fecond Judge 100l. and both were payable out of the Revenue; but William Smith, Stephen Van Courtlandt, and William Pinborne, the other Judges, and Newton the Attorney-General, had nothing allowed for their Services.

It has, more than once, been a Subject of animated Debate, whether the People, in this Colony, have a Right to be reprefented in Affembly, or whether it be a Privilege enjoyed, thro' the Grace of the Crown. A me

morable Act paffed this Seffion, virtually declared in favour of the former Opinion, upon that, and feveral other of the principal and distinguishing Liberties of Englishmen. It muft, nevertheless, be confeffed, that King William was afterwards pleased to repeal that Law, in the Year 1697 *.

Colonel Slaughter propofed, immediately after the Seffion, to fet out to Albany, but as Leifler's Party were enraged at his Imprisonment, and the late Sentence against him, his Enemies were afraid new Troubles would fpring up in the Abfence of the Governour; for this Reason, both the Affembly and Council advifed that the Prisoners fhould be immediately executed. Sloughter, who had no Inclination to favour them in this Request, chose rather to delay fuch a violent Step, being fearful of cuting off two Men, who had vigoroufly appeared for the King, and fo fignally, contributed to the Revolution. Nothing could be more difagreeable to their Enemies, whofe Intereft was deeply concerned in their Destruction. And therefore, when no other Measures could prevail with the Governour, Tradition informs us, that a fumptuous Feaft was prepared, to which Colonel Slaughter was invited. When his Excellency's Reason was drowned in his Cups, the Entreaties of the Company prevailed with him, to sign the Death Warrant, and before he recovered his Senfes, the Prisoners were executed. Leifler's Son afterwards carried home a Complaint to King William, against the Governour. His Petition was refered, according to the common Courfe of Plantation Affairs, to the Lords Commiffioners of Trade, who, after hearing the whole Matter, reported on the 11th of March 1692, "That they were humbly of Opinion, that Jacob Leifler and Jacob Milborne "deceased, were condemned and had fuffered according to Law." Their Lordships, however, interceded for their Families, as fit Objects of Mercy,. and this induced Queen Mary, who approved the Report, on the 17th of "March, to declare, "That upon the humble Application of the Rela-. "tions of the faid Jacob Leifler and Jacob Milborne deceased, her Majesty

will order the Estates of Jacob Leifler and John Milborne, to be restored "to their Families, as Objects of her Majefty's Mercy." The Bodies of thefe unhappy Sufferers were afterwards taken up and intered, with great Pomp, in the old Dutch Church, in the City of New-York. Their Eftates: were reftored to their Families, and Leifler's Children, in the publick Efti-. mation, are rather dignified, than difgraced, by the Fall of their Ancestor..

* It was entitled, " An Act declaring what "ties Subjects inhabiting within their Province are the Rights and Privileges of their Majef- " of New-York"

Thefe

PART III.

These Distractions, in the Province, fo entirely engroffed the publick Attention, that our Indian Allies, who had been left folely to contend with the common Enemy, grew extremely difaffected. The Mohawks, in particular, highly resented this Conduct, and, at the Instance of the Caghnuagaes, sent a Meffenger to Canada, to confer with Count Frontenac about a Peace. To prevent this, Colonel Sloughter had an Inteview at Albany, in June, with the other four Nations, who expreffed their Joy at feeing a Governour again in that Place. They told him, that their Ancestors, as they had been informed, were greatly surprised at the Arrival of the firft Ship in that Country, and were curious to know what was in its huge Belly. That they found Christians in it, and one Jacques, with whom they made a Chain of Friendfhip, which they had preferved to this Day. All the Indians, except the Mohawks, affured the Governour at this Meeting, of their Refolution to profecute the War. The Mohawks confeffed their Negotiations with the French, that they had received a Belt from Canada, and prayed the Advice of the Governour, and afterwards renewed their League with all our Colonies.

.

Sloughter foon after returned to New-York, and ended a fhort, weak, and turbulent Administration, for he died fuddenly on the 23d of July 1691. Some were not without Sufpicions, that he came unfairly to his End, but the Certificate of the Physician and Surgeons who opened his Body, by an Order of Council, confuted thefe Conjectures, and his Remains were intered in Stuyvefant's Vault, next to thofe of the old Dutch Governour.

At the Time of Sloughter's Decease, the Government devolved, according to the late Act for declaring the Rights of the People of this Province, on the Council, in which Jofeph Dudley had a Right to prefide; but they commited the chief Command to Richard Ingolfby, a Captain of an independent. Company, who was fworn into the Office of President on the 26th of July 1698. Dudley, foon afterwards, returned to this Province, from Boston, but did not think proper to dispute Ingolfby's Authority, though the latter had no Title, nor the greatest Abilities for Government, and was befides obnoxious to the Party who had joined Leifler, having been an Agent in: the Measures which accomplished his Ruin. To the late Troubles, which were then recent, and the Agreement fubfifting between the Council and. Affembly we must afcribe it, that the former tacitly acknowledged: Ingolfby's: Right to the Prefident's Chair; for they concured with him, in paffing feveral Laws, in Autumn and the Spring following, the Validity of which have never yet been difputed..

This

This Summer Major Schuyler*, with a Party of Mohawks, paffed through the Lake Champlain, and made a bold Irruption upon the French Settlements, at the north End of it. + De Callieres, the Governour of Montreal, to oppose him, collected a small Army, of eight hundred Men, and encamped at La Prairie. Schuyler had several Conflicts with the Enemy, and flew about three hundred of them, which exceeded in Number his whole Party. The French, afhamed of their ill Succefs, attribute it to the Want of Order, too many defiring to have the Command. But the true Caufe was the Ignorance of their Officers in the Indian Manner of fighting. They kept their Men in a Body, while ours pofted themselves behind Trees, hiden from the Enemy. Major Schuyler's Defign, in this Defcent, was to animate the Indians, and preferve their Enmity with the French. They, accordingly, continued their Hoftilities against them, and, by frequent Incurfions, kept the Country in conftant Alarm.

In the Midst of these Diftreffes, the French Governour preferved his Sprightliness and Vigour, animating every Body about him. After he had served himself of the Utawawas, who came to trade at Montreal, he fent them home under the Care of a Captain and one hundred and ten Men; and to fecure their Attachment to the French Intereft, gave them two Indian Prifoners, and, befides, fent very confiderable Presents to the Western Indians, in their Alliance. The Captives were afterwards burnt. The Five Nations, in the mean Time, grew more and more incenfed, and continually haraffed the French Borders. Mr. Beaucour, a young Gentleman, in the following Winter, marched a Body of about three hundred Men to attack them at the Ifthmus,at Niagara. Incredible were the Fatigues they underwent in this long March over the Snow, bearing their Provisions on their Backs. Eighty Men, of the Five Nations, oppofed the French Party and bravely maintained their Ground, till most of them were cut off. In Return for which, the Confederates, in small Parties, obftructed the Paffage of the French through Lake Ontario, and the River iffuing out of it, and cut off their Communication with the Western Indians. An Indian called Black Kettle, commanded in thefe Incurfions of the Five Nations, and his Succeffes, which continued the

*The French, from his great Influence at Albany, and Activity among the Indians, concluded that he was Governour of that City; and hence, their Hiftorians honour him with that Title, though he was then only Mayor of the Corporation." Pitre Schuyler (fays Charlevoix) "etoit un fort honnête Homme."

+ Dr. Colden relates it as a Tranfaction of the Year 1691, which is true: but he fupposes it was before Sir William Phips's Attack upon Quebeck, and thus falls into an Anachronism, of a whole Year, as I have already obferved.

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