Washington, and all the patriots out of New York, were indignant at this singular inconsistency, to call it by no worse name. It arose in part from timidity, but as much, perhaps, with some of the principal citizens, from the belief, that the cause would in the end suffer less by keeping in good humor with the ships of war in the harbor, than by running the hazard of having the town burned down, the lives of the inhabitants endangered, and their property destroyed. This is the only shadow of excuse, that can be conceived, for the pusillanimity of the Congress in tolerating such a procedure, and acting in contradiction to themselves. *

Captain Sears, who had been so conspicuous for his zeal and activity, and who was a member of the Provincial Con

*The affair of the Asia with the people at the battery happened on the twenty-third of August. The Congress, on the twenty-seventh, after censuring the conduct of Captain Vandeput, commander of the Asia, proceeded to resolve, that nobody should supply the King's ships with provisions, except Abraham Lott, but that he should be allowed to supply all necessaries, as well fresh as salt, for the use of the said ships.' And yet, three days afterwards, in a set of resolutions inflicting penalties on certain decriptions of people, it is declared, that if any persons or persons shall be found guilty, before the Committee of any city or county, of attempting to furnish the ministerial army or navy with provisions, or other necessaries, contrary to the resolutions of the Continental or of this Congress, such person or persons shall be punished at the discretion of the Committee, &c.' Hence, what was a crime everywhere else, was an allowable act in the harbor of New York.

Gordon says, that 'many of the New York Provincial Congress, if not the majority, were adjudged real tories; some, so deemed, might be only timid whigs.' Vol. ii. p. 175. This is too sweeping a charge. If there were any 'real tories' in the Congress, the number was exceedingly small. It may indeed be doubted if there were any such, (except a very few, who seem to have withdrawn early, when they saw what course the Congress would take) but of 'timid whigs' there were not a few. It was not a time for men to conceal their sentiments, and the committees, who were acting boldly and ardently on the side of liberty, would never have chosen a professed tory, or even a man of suspicious principles, to represent their interests.

gress, not finding the temperament of public feeling in New York to rise fast enough for the warmth of his own, had retired into Connecticut, and joined himself to the more sanguine partizans of freedom in that colony. About this time, Rivington, the publisher of a newspaper in New York, ventured to make his journal the vehicle of sentiments extremely offensive to the liberal party, and this without receiving any check, or drawing down any rebukes, from the Congress, or any other constituted authority. Such a tame submission to the impudence and insult of a printer, was more than Sears and his Connecticut associates could brook. On the twentythird of November, a company of light-horse from Connecticut, seventy-five in number, armed with muskets and bayonets, with Captain Sears at their head, marched into New York at noonday, proceeded to Rivington's house, broke his presses, and seized and carried off in triumph the guilty types, which had been the passive instruments of the printer's insolence, nor stopped with them till safely deposited within the Connecticut borders, where they were melted into bullets. In returning through Westchester county, these men seized also upon the clergyman of the parish, and one of the justices of the peace, suspected of tory principles, and made them the unwilling companions of their journey, during the rest of their retreat.

This effort of the Connecticut knight-errants gave deep umbrage to the New York Congress, who fancied it to be not only a trampling upon their authority, but a reproach to their vigilance. They addressed a letter of solemn remonstrance to the Governor of Connecticut, and wrote to their delegates in Philadelphia, requesting that the affair might be brought before the Continental Congress. They complain to Governor Trumbull of Connecticut, 'that they cannot but consider such intrusions, as an invasion of their essential rights as a distinct colony,' and add, that common justice obliges them to request, that all the types should be returned to the chairman of the General Committee of the city and county of New York.' They add again, we beg you will not consider this requisition

as an attempt to justify the man, from whom the types were taken; we are fully sensible of his demerits, but earnestly wish that the glory of the present contest may not be sullied, by an attempt to restrain the freedom of the press.

6

Governor Trumbull wrote in reply, that the proper resort for a private injury must be to the courts of law, which are the only jurisdictions that can take notice of violences of this kind.' If it is to be viewed in a public light at all, the Governor continued, the head and leader of the whole transaction was a respectable member of your city and Congress, whom we consider as the proper person to whom the whole transaction is imputable, and who belongs, and is amenable to, your jurisdiction alone, and therefore the affair cannot be considered as an intrusion of our people into your province, but as a violence or disorder happening among yourselves.' Thus the two colonies were at issue, but as Rivington went off to Eng

And yet it would seem, that the Congress itself had not been wholly guiltless of this offence in the case of Rivington. Some months before, he had been in custody by their order, as may be confirmed by an extract from their records, dated June 7th, 1775, in these words.

'Whereas James Rivington of this city, printer, has signed the general Association, and lately published a handbill declaring his intention rigidly to adhere to the said Association, and also asked the pardon of the public, who have been offended by his ill judged publication; resolved, therefore, that the said James Rivington be permitted to return to his house and family, and that this Congress do recommend to the inhabitants of this colony, not to molest him in his person or property.'

After the destruction of his presses and types, Rivington went to England, but returned, when the British had established themselves. in New York, and commenced his paper anew, under the title of Rivington's Royal Gazette,' which he continued to the end of the war, having obtained the appointment of King's printer. He remained in New York after the war, and endeavored to keep up his paper, changing the title to Rivington's New York Gazette.' Such was the popular odium against him, for the part he had taken, that his paper met with little support, and it soon came to an end.

land, and more important matters pressed upon the notice of the public, nothing more seems to have been done in the affair.

The delegates in the Continental Congress say in reply, We highly applaud the spirited, and at the same time, respectful manner, in which you have supported the dignity and independency of our colony, and demanded reparation on the subject of the Connecticut inroad. An interposition so rash, officious, and violent, gave us great anxiety, as it was not only a high insult to your authority, but had a direct tendency to confirm that fatal spirit of jealousy, and distrust of our eastern brethren, which has done so much injury to our cause, and which every wise and virtuous patriot should study to suppress.' They forbore, however, to bring the subject before Congress, as their constituents had desired, not doubting that justice would be rendered by Connecticut, and means be used to prevent similar encroachments in future.*

* In a letter from Mr Jay to the President of the Provincial Congress, dated Philadelphia, November 26th, three days after the occurrence took place, the writer says,—‘The New England exploit is much talked of, and conjectures are numerous, as to the part the Convention will take relative to it. Some consider it as an ill compliment to the government of the province, and prophesy that you have too much christian meekness to take any notice of it. For my own part, I do not approve of the feat, and think it neither argues much wisdom, nor much bravery. At any rate, if it was to have been done, I wish our own people, and not strangers, had taken the liberty of doing it.

'I confess I am not a little jealous of the honor of the province, and I am persuaded, that its reputation cannot be maintained without some little spirit being mingled with its prudence.'

CHAPTER V.

ADMINISTRATION OF JUSTICE.-DELEGATES

ΤΟ THE CONTINENTAL

CONGRESS.-PAY OF MEMBERS IN THAT BODY.-APPREHENSIONS OF AN ATTACK ON NEW YORK.-GENERAL CHARLES LEE TAKES COMMAND THERE.-PREPARATIONS FOR DEFENCE. GENERAL LEE'S CORRESPONDENCE WITH WASHINGTON.-POWER OF ARRESTING TORIES. LORD STIRLING TAKES COMMAND IN NEW YORK-WASHINGTON'S ARRIVAL THERE.

meanors.

MUCH inconvenience was felt in some parts of the colony, for the want of courts of justice, and the regular modes of process for the recovery of debts, and the punishment of civil misdeThe Colonial Congress did not meddle in these matters. Disorders of course increased, as the authority of the old government declined, till a new system for the administration of justice was established, under the first constitution of the State. In the mean time, the old forms were allowed to be practised, where the officers chose to exercise their authority, and the people to obey. The laws in all civil concerns remained in force as heretofore, but, as many of the judges and other civil officers were royalists, and thereby odious to the inhabitants generally, they either forbore to execute the duties of their office, or, when they made the attempt, it was to little purpose. Some of the counties endeavored to remedy the inconvenience by local and temporary regulations, but these were not approved by the Congress. The only effectual remedy was the moderation of the people, and their acquiescence in a state of things, which time and events only could improve.

On the fourth of October the Congress met according to adjournment, but kept together only two days, when they