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.’*

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.

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 misdemeanors. The 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

separated, or dissolved, with the design of completing the elections for a new Congress. The Committee of Safety continued its sittings as usual, and on the fourteenth of November, the day appointed for a reunion of the Congress, several members appeared, but not enough to form a quorum for business. In some counties there had been no elections, and in others there was a delay, which betrayed an indifference, that threatened to be fatal in its results. In this dilemma, the members of the Congress, then assembled, wrote a circular to the committees of the counties, where no elections had yet been held, requesting them to elect their delegates as speedily as possible, and send them forward. The evil consequences,' say they, that will attend the not having a Provincial Congress to determine on the measures, necessary to be adopted and carried into execution at this unhappy crisis, are more easily conceived than expressed; and, rest assured, gentlemen, that the neighboring colonies will not remain inactive spectators, if you show a disposition to depart from the continental union. You must suppose confusion and disorder, with numberless other evils, will attend the want of a Congress for the government of a colony, until a reconciliation with the mother country can be obtained. We beg you will consider this matter with that seriousness, which the peace, good order, and liberties of your country require.' This appeal was listened to, and, on the sixth of December the Congress commenced its proceedings, being the second Provincial Congress of New York.

This Congress was constructed on principles in some respects different from the former. Each county sent as many delegates as it pleased, and prescribed the number, that should make a quorum to vote. For instance, New York sent twenty-one delegates, and decided that seven should make a quorum, and when less than seven were present, no vote could be given for that county. The Congress settled their own rule of voting as heretofore, determining the number and ratio of votes for each county. No county had more than four votes, nor less than two. Tryon county chose two members, but

authorized one to represent the county, or to constitute a quorum for voting, so that when one of the members only was present, he had two votes, although from New York if there were not more than six present, they could have no vote. Members were allowed to sit in Congress, and to speak, and act on committees, even when there was not a sufficient representation from the county, to which they belonged, to form a quorum for voting. A majority of the counties made a quorum for business. This Congress was chosen for six months, from the tenth of November.

A question of some delicacy came up, respecting the delegation to the Continental Congress, with which the Provincial Congress found themselves a little perplexed. Twelve delegates had been chosen, by the Convention in April, to represent the colony of New York, of whom five were necessary to make a valid representation. On the 16th of October the delegates wrote to the New York Congress, stating that their number was reduced to five, so that in case of the sickness, or necessary absence of any one of them, the colony must remain unrepresented. To prevent such an accident, they suggested the expediency, of delegating the power to three, instead of five. After deliberating upon the matter, the Congress determined, that they had no right to make such a change, however much they might lament the untoward circumstance, that required it. When we consider,' they say, 'that twelve were originally designated, of whom five were to be a quorum, we necessarily suppose, that the last number was particularly pointed out, with a general view to the several members, and in the confidence that every five of them would be amply sufficient for that beneficial purpose. We cannot pretend, therefore, to lessen that number, unless indeed upon the most cogent necessity, and perhaps not then.'

This is another example of the extreme caution, with which the representatives of the people exercised their power, in all the gradations of the elective offices. And it may here be repeated, that the particularity with which elections were con