PUBLICATIONS RELATING TO NEW YORK AFFAIRS UNDER GOVERNOR COSBY. The New York Public Library has recently acquired a folio volume of seventy-three documents, in print and in manuscript, relating to affairs in New York under the administration of Governor William Cosby, 1732-1736. Fifty-eight of these documents refer to the political struggle carried on between Rip Van Dam and the liberal party, and the Governor and the court party; the last fifteen relate mainly to Rev. Alexander Campbell, to his participation in the political discussions of the time, and to the accusation of various immoralities brought against him before the Bishop of London, by Rev. William Vesey, rector of Trinity church. The collection was brought together by James Alexander, a member of the council, and a participator in many of the events in question. It came to the library indirectly from the Rutherford family, into whose hands it passed, probably, from Catherine, daughter of James Alexander, who married, secondly, in 1758, Walter Rutherford. Their son was John Rutherford, who was born in 1760 and died in 1840; his armorial book plate is in the volume. With the titles of the publications in this volume (which are marked as COSBY 1-73) are incorporated also titles of a few other works in the library relating to the same affairs. The New York State Library possesses a volume similar to the above, which was brought together by J. P. Zenger, according to the statement in the Narrative and critical history of America (vol. 5, p. 242). Many of the titles are the same in the two volumes; differences are noted in this list under the corresponding headings, and in addition are given here the two following titles that seem to have no corresponding representatives in our volume: Letter from (P. P.) in New-York, to his friend in London, 1733, 4 pp., sm. 4o, and A Word in Season, New-York, Sept. 28, 1736 (printed by Zenger), 2 pp. F°. Alexander (James). New-York, March 24, 1735, 6. Whereas on the 13th day of this Instant March... [Declaration that he never advised or consented to George Clarke's taking the administration of government, or to his issuing any proclamation, or to his doing any Act of Government whatsoever, as president.] [New York: Printed by William Bradford, 1736.] I page. F. COSBY 37 Alexander (James) and Smith (William). The Vindication of James Alexander, One of His Majesty's Council for the Province of New-York, and of William Smith, Attorney at Law, From the Matters charged and suggested against them in two Pamphlets lately published. The One A Paper addressed to the Mayor, Aldermen and Commonalty of the City of New-York, by the Honourable Francis Harrison, Esq., one of His Majesty's Council, for the Province of New-York. The Other A Report of the Committee of His Majesty's Council, to whom it was referred to examine and make Inquiry touching a Letter found in the House of Mr. Alexander, in New-York on Fryday the 1st of February, 1732-3, in order to make the fullest Discovery concerning the Author of the same. To which is added A Supplement Containing A brief Account of the Case of William Trusdell, Plaintiff, against the Honourable Francis Harison, Esq., Defendant, For Arresting and Imprisoning the Plaintiff and keeping him 9 Weeks in Prison; at the Suit of Joseph Weldon, without the Assent, Consent, or Knowledge of the same Joseph Weldon. Which Cause was tried in the Supream Court of New-York, on the 19th of April, 1734, wherein the Jury found for the Plaintiff Trusdell 1.150. Damages, and Costs of Suit. Printed by John Peter Zenger, and to be sold by him at his House in Broad Street, near the upper End of the long Bridge, in New-York, 1733 [i. e. 1734], Price Is. I p. l., 20 pp. F°. In Zenger's Journal, no. 24, April 15, 1734, appeared the following: "There is now in the Press and will soon be published, the Vindication of James Alexander, Esqr.," etc. In no. 27, May 6, 1734, the Vindication is announced as published this day. Alexander (James) and Smith (William). The Complaint of James Alexander and William Smith to the Committee of the General Assembly of the Colony of New-York, &c. [New York: Printed by John Peter Zenger, 1735 ?] 19 pp. Fo. COSBY 29 There are corrections on page 9 apparently in the handwriting of James Alexander; on page 19 has been written a transcript from the records of the supreme court Oct. 18, 1737; reversing the rule by which Alexander and Smith were excluded from practice before the court. There are also a few notes on the blank reverse of page 19. American (The) Weekly Mercury. From Friday, December 14. to Friday December 21. 1733. No. 729. Philadelphia: Printed and Sold by Andrew Bradford, Post-Master. 6 pp. F. COSBY 8 It contains an account of the troubles between Governor Cosby and Rip Van Dam. American (The) Weekly Mercury. From Tuesday March 9, to Tuesday March 16, 1735, 6. bottle, Rum 30/p am Dr Sir, with g. J P.S. The Pri Opperate in our interested... I pd. for brir at Writing thus [Addressed: 7. 1735, when the Lords reported adversely to Cosby; the order in council declaring insufficient Cosby's reasons for removal is dated Nov. 26.-N. Y. Col. Docs., vol. 6, p. 36. See Zenger's Journal, nos. 117, Feb. 2, 1735/6; and no. 122, May 17, 1736, where the statement is made that there were two hearings, on Nov. 5 and 7; and Bradford's Gazette, nos. 549, May 3 to May 10, 1736, and 552, May 24 to May 31, 1736. The Library has also another copy, complete, 8 pp. Fo. Murray (Joseph). Mr. Murray's Opinion Relating to the Courts of Justice In the Colony of New-York: Delivered to the General Assembly of the said Colony, at their Request, the 12th of June, 1734. [New York: Printed by William Bradford. 1734.] 44 pp. (37-44 misnumbered 34-41). Appended is a manuscript list, of a page and a half, apparently in the handwriting of James Alexander, of "Erratas in Representation as printed in appendix to Mr. Murray's argument from page 35 to the End 41”. New York, Province.-Chief Justice. The Opinion and Argument of the Chief Justice of the Province of New-York, concerning the Jurisdiction of the supream Court of the said Province, to determine Causes in a Course of Equity. The Second Edition Corrected and Amended. [Colophon:] New-York, Printed and sold by John Peter Zenger, in South Street, 1733. 15 pp. F°. COSBY I New York, Province.-Chief Justice. The Opinion and Argument of the Chief Justice of the Province of New-York, concerning the Jurisdiction of the supream Court of the said Province, to determine Causes in a Course of Equity. The Second [i. e. Third] Edition Corrected. [Colophon:] New York, Printed and Sold by J. Peter Zenger. 1733. 15 pp. F°. Page 1 is misnumbered 2, and at the end are added 6 lines of errata, the first of which corrects the number of the edition. Document: New York, Province.-Council. [New York,] Aug. 23, 1733. Report of a meeting of Council; present, the Governor, Mr. Clarke, Mr. Harrison, Dr. Colden, Mr. Kennedy, Mr. De Lancey; the Governor delivered to Mr. De Lancey his commission appointing him Chief Justice of the province in place of Lewis Morris; and also gave Frederick Phillipse a commission appointing him second justice; both were then sworn in. Attested: "the above is the rough minute I took in Council ffredk Morris [Secretary]." Endorsed: "Copy etc." 1⁄2 page. F. MS. COSBY 3 Document: New York, Province.-Council. [New York,] Nov. 24, 1735. Minutes of a council meeting; present, Mr. Kennedy, Chief Justice De Lancey, Mr. Courtland, Mr. Lane, Mr. Horsmanden; the Governor informed them that he had suspended Rip Van Dam from the place and office of councillor. A. D. S., ffred Morris D Cl Co. page. F°. MS. I COSBY 34 Document: New York, Province.-Council. New York, Mar. 10, 1735-6. Minutes of council; present, Secretary Clarke, Messrs. Alexander, Van Horne, Kennedy, Chief Justice Delancey, Courtlandt, Lane, Horsmanden; at the news of the death of the Governor the Council met; Secretary Clarke read the order suspending Rip Van Dam and as next eldest councillor offered to take the usual oaths to qualify himself for the administration of the government; to which all agreed except Mr. Alexander who declared he was not ready to give his opinion; Secretary Clarke took the oaths and was sworn in. A. D. S., ffred Morris, D Cl Counc; and attested by him. I page. F. MS. COSBY 35 New York, Province.-Governor. By his Excellency William Cosby, Captain General and Governour in Chief of the Provinces of New-York, New-Jersey, and Territories thereon depending, in America, Vice-Admiral of the same, and Colonel in His Majesty's Army. A Proclamation [offering £50 reward for the discovery of the authors of the scandalous, virulent, and seditious reflections contained in nos. 7, 47, 48, 49, of Zenger's New-York Weekly Journal]... Given ... this Sixth Day of November... 1734... [New York: Printed by William Bradford, 1734.] 1 page. F°. COSBY 25 New York, Province.-Governor. By his Excellency William Cosby, Captain General and Governour in Chief of the Provinces of New-York, NewJersey, and Territories thereon depending in America, Vice-Admiral of the same, and Colonel in His Majesty's Army. A Proclamation [offering £20 reward for the discovery of the authors of two scandalous songs or ballads lately dispersed in the city of New-York]. . . Given . . . this Sixth Day of November... 1734... [New York: Printed by William Bradford, 1734.] I page. F°. COSBY 26 New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council and Commander in Chief of the Province of New-York, &c. A Proclamation in Council [announcing the death of Governor Cosby; and charging all officers to continue to exercise their offices until His Majesty's pleasure shall be known]... Given ... this Tenth Day of March... 1735... Printed by William Bradford in NewYork, 1735. COSBY 36 1735. I page. I page. Fo. New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council and Commander in Chief of the Province of New-York, &c. A Proclamation in Council [continuing the adjournment of the general assembly until the last Tuesday in April next] ... Given... this Eighteenth Day of March... 1735,6 Printed by William Bradford in New-York, Fo. COSBY 38 New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council for the Province of New-York, and Commander in Chief of the said Province. Proclamation [further adjourning the general assembly from Sept. 15 until the second Tuesday in October, 1736.]... Given this Fifteenth Day of September... 1736... Printed by William Bradford in New-York, 1736. 1 page. Fo. COSBY 50 A COSBY 32 From Novem Pennsylvania, Province.-Assembly. Votes of the House of Representatives [18-20 Feb. 1735/6]. [Philadelphia: Printed by Benjamin Franklin. 1736.] 57-72 pp. F°. Pennsylvania (The) Gazette. ber 10. to November 17. 1737. Numb. 466. Philadelphia: Benjamin Franklin. 4 pp. F. COSBY 54 It contains the first part of an open letter "To the Author of the Pennsylvania Gazette," signed X. The letter is continued through nos. 467, 468, and 469. Pennsylvania (The) Gazette. From Novem ber 17. to November 24. 1737. Numb. 467. Philadelphia: Benjamin Franklin. 4 pp. F°. COSBY 55 Pennsylvania (The) Gazette. From November 24. to December 1. 1737. Numb. 48. Philadelphia: Benjamin Franklin. 4 pp. F°. cOSBY 56 Pennsylvania (The) Gazette. From December 1. to December 8. 1737. Numb. 469. Philadelphia: Benjamin Franklin. 4 pp. F. COSBY 57 Portius, pseud. O Liberty, thou Goddess heavenly bright!... [An open letter maintaining the necessity of frequent elections, and of excluding pensioners from the assembly.] [New York: Printed by John Peter Zenger. 1732.] 3 pp. F. COSBY 70 Remarks on Zenger's Tryal, Taken out of the Barbados Gazette's. For the Benefit of the Students in Law, and others in North America. [Philadel phia: Printed by Andrew Bradford. 1737.] 71 pp. 12. A-I in fours. COSBY 60 Hildeburn, no. 551, where, upon the authority of a contemporary note written on Ebenezer Hazard's copy now in the Library of Congress, it is attributed to Jonathan Blenman, King's Attorney in Barbados. Upon page 4 of the cover of the above copy James Alexander has written: "See the Pennsylvania Gazettes No 466, 7, 8, 9 beginning Novr 17 1737 for Answer to this they are here with tied up See also No 486 for approbation of Zengers tryal by Craftsman of 21 Janry 1737/8". Remarks on the trial of John-Peter Zenger, printer of the New-York Weekly Journal, Who was lately Try'd and Acquitted for Printing and Publishing two libels Against the Government of that province. London: Printed for J. Roberts in War wick-Lane, MDCCXXXVIII. (Price One Shilling.) iv, 27 pp. 4°. COSBY 58 In a note to the Philadelphia edition (1737), Hildeburn (no. 551) assigns the authorship to the King's Attorney in Barbados, Jonathan Blenman, upon the authority of a contemporary note on Ebenezer Hazard's copy, now in the Library of Congress. On the title-page of the above copy is written in a contemporary hand: "Forward by Sr yours Wm. Bryant" and below it To J: Alexander Esqr from P. Collinson ". Sentiments (The) of a Principal Freeholder, Offered to the Consideration of the Representatives of the Province of New-York, who are now called to meet and sit the 14th of Septemb. 1736. [New York: Printed by William Bradford. 1736.] 4 pp. F°. COSBY 49 The bottom lines of the latter sheet have been cropped away. A MS. note by James Alexander refers to Zenger's Journal, 151, Sept. 27, 1736, for a refutation of the above. Smith (William). Mr. Smith's Opinion Humbly Offered to the General Assembly of the Colony of New-York, One the Seventh of June, 1734. At their Request, Occasion'd by sundry Petitions of the Inhabitants of the City of New-York, Westchester County & Queens-County, to the said General Assembly, praying an Establishment of Courts of Justice within the said Colony by Act of the Legislature. Published at the Request of the said General Assembly... Printed and Sold by William Bradford in the City of New-York, 1734. 45 pp. F. COSBY 14 Zenger's Journal, no. 20, Mar. 18, 1733/4 contained the following announcement: "There are Printed and Sold, by the Printer hereof some Observations on the Charge," etc. Song (A) made upon the Election of new Magistrates for this City. To the tune of, To you fair Ladies now on land. [Also] A Song made upon the foregoing Occasion. To the Tune of, Now, now, you Tories all shall stoop. [New York: Printed by John Peter Zenger. 1734.] I page. 4°. COSBY 18 These are the two "Virulent, Scandalous and Seditious songs that were brought into question when Zenger was arrested, 17 Nov. 1734, and were ordered to "be burnt by the Hands of the common Hangman, as containing in them many things derogatory of the Dignity of His Majestys Government, reflecting upon the Legislature, upon the most considerable Persons in the most distinguished Stations in the Province, and tending to raise Sedition and tumults among the People thereof." The burning was ordered for Monday 21 Nov. 1734. See Zenger's Journal, no. 55, Nov. 25, 1734. Songs. Of a merry sing song burnt by sound of ding dong why made and what after befel it I fully do purpose to tell it As below you will see in a mournful dittee composed upon the occasion. [New York, November, 1734.] 2 pp. F. MS. COSBY 19 Seventeen stanzas referring to the burning of the songs ordered by the New York court to be burned Nov. 21, 1734. Songs. The Lamentable Story of two fatherless & motherless twins which lately appeared in the City of [name erased] who for their prophetick crys were Condemned to be burnt by the Common hangman which was accordingly Executed &c. To the tune of Great William our Renowned King. [New York, November, 1734] 21⁄2 pp. F°. MS. COSBY 21 Satirical verses, apparently in the handwriting of James Alexander, upon the songs ordered by the New York court to be burned, Nov. 21, 1734. At the end is written in the same hand as the body of the document: it's said the aboue was wrote by Dd H-m-- ys of fiflg maner October 1734". Songs. Assist O! god my muse with rage divine thro every age to make the patriots shine the glorious theme demands your early care you, who the guardian of free cities are [November, 1734?] 1% PP. F. MS. COSBY 23 Preceded by three lines from Horace, Carmina, 3, 3, 1. It refers probably to the stand made for liberty of speech in Zenger's Journal and the troubles resulting therefrom. Songs. Dear friend I've read with care the c - - - ls letter ore that not long since was sent to Brittains shore and cannot find in all that long detail where justice truth or reason does prevail [New York, 1736?] 1 page. F. MS. COSBY 24 The "cls [cabal's?] letter" may possibly be the letter sent to the Lords of Trade by Cosby in December 1734, preferring charges against Lewis Morris, Rip Van Dam, and James Alexander. See Zenger's Journal, no. 120, Feb. 23, 1735/6; and Documents relating to the colonial history of New York, vol. 6, passim. Songs. Ridentem dicere verum Quid vetat ? In antient Days a Bestial Train... [New York? Printed by John Peter Zenger? 1736?] F°. I page. COSBY 59 Seven stanzas ridiculing Francis Harrison and the New York assembly under the veil of an assembly of beasts. Immediately preceding it is a folio sheet of paper upon which James Alexander has written: "Parson Campbells publica tions". Nine satirical stanzas referring to the changed condition of affairs after the death of Governor Mongomerie. Printed, with an introductory letter to the printer in Zenger's Journal, no, 119, Feb. 16, 1735. South-Carolina (The) Gazette. From Saturday, May 1, to Saturday, May 8, 1736. Numb. 119. Charles-Town: Lewis Timothy. 4 pp. F. COSBY 44 It contains an account of the trial of Thomas Mellichamp on the charge of counterfeiting. South-Carolina (The) Gazette. From Saturday, May 8, to Saturday, May 15, 1736. Numb. I20. Charles-Town: Lewis Timothy. 4 pp. F°. signed Robt. Dissolution nor any others, except one signed M. B.; maintaining the advantages of annual elections.] [New-York: Printed by John Peter Zenger. 1732.] 4 pp. Fo. COSBY 68 .... To Mr. A[lexander]. C[ampbell]. While you were pleased to bring your private Affairs upon the Carpet. [An open letter, dated August 22, 1732, in answer to three papers by him protesting against a present support of his Majesty's government in the province, and urging an immediate dissolution of the assembly, after the Oswego bill and the excise bill have been passed.] [Colophon :] New-York, Printed and Sold by William Bradford, 1732. COSBY 66 3 pp. F°. Probably by Francis Harrison. To the Author of those Intelligencers printed at Dublin, to which is prefix'd the following Motto, Omne vafer vitium ridenti Flaccus amico Tangit, & admissus circum præcordia ludit. Persius. Being a Defence of the Plantations against the virulent Aspersions of that Writer, and such as copy after him. [Colophon :] New-York, Printed and Sold by J. Peter Zenger. 1733. 10 pp. F°. COSBY 6 Van Dam (Rip). The Arguments Of The Council For the Defendant, In support of a Plea to the Jurisdiction Pleaded to a Bill filed in a Course of Equity, At the Suit of The Attorney General Complainant, against Rip Van Dam, Defendant, In The Supream Court of New-York. New-York: Printed by John Peter Zenger, M,DCC,XXXIII. 51 pp. F. COSBY 2 Page 51 ends with Finis, the printer's mark, and five lines of Errata. Manuscript corrections, notes, and additions, probably in the handwriting of James Alexander are to be found on pages 28 and 51. The paging of the four following entries (nos. 7, 10, 13, 33) would seem to indicate that they were issued as supplements to the above, pp. 53-73. The copy in the New York State Library also contains 73 pages. Van Dam (Rip). The Proceedings of Rip Van Dam, Esq; in order for obtaining Equal Justice of His Excellency William Cosby, Esq; [Colophon:] New-York: Printed and sold by John Peter Zenger, where also is to be sold, The Argument of Van Dam's Council, in support of his Plea to the Jurisdiction of the Supream Court of New-York. MDCCXXXIII. 53-63 pp. F°. COSBY 7 Van Dam (Rip). Farther proceedings concerning the Case of Rip Van Dam, Esqr. at the Suit of the Attorney General being for the Use of his Excellency Coll. Cosby Governour of this Province, in the Equity Side of the Exchequer: [New-York: Printed by John Peter Zenger, 1734?] 65-68 pp. F. COSBY IO Page 68 is mis-numbered 80. Van Dam (Rip). Heads of Articles of Complaint, made by Rip Van Dam, Esq; on Thursday the 30th of May, 1734, to the Committee of Grievances, appointed by the General Assembly for the Province of New-York; reduced to Writing by order of the said Committee; who also ordered, that a Copy there-of be served on the Chairman, |