Cadwallader Colden

by Seymour I. Schwartz

  Colden, however, stayed the court's judgment and asked the chief justice to send him the proceedings, arguing that the case was poorly managed. The case was resolved in 1765 when the New York Assembly supported the Supreme Court decision, and the Board of Trade agreed. The constitutional controversy intensified the alienation of Colden by the moderate party and the conservative merchant coalition. The entire populace detested Colden for his unwavering support of the Crown and it was stated that “the old Body was always dislik'd enough, but now they would prefer Beelzebub himself to him.”33

  Most of the correspondence during 1764, as incorporated in Colden's Papers, is related to Indian affairs and emanated from the pen of Sir William Johnson, who served as the British superintendent of Indian affairs for the northern colonies, and, after emerging as the hero of the Battle of Lake George in 1755, was the first colonial to be made a baronet. The Treaty of Paris was signed at Versailles on February 10, 1763. Although it declared that France surrendered all her possessions east of the Mississippi River, the Indians remained hostile. In April 1763, several tribes banded together under the leadership of Pontiac. In an effort to regain control of the Ohio Valley, they harassed the frontiersman and their families and took possession of several forts and outposts. Forts Pitt and Detroit were blockaded.

  In August troops commanded by Colonel Henry Bouquet defeated the Indians at the Battle of Bushy Run, thus ending the blockade of Fort Pitt. The Indians lost their enthusiasm for battle and Pontiac capitulated on October 31, 1763. On April 3, 1764, at Johnson Hall in the Mohawk Valley, Johnson signed a peace treaty with the Seneca nation. In August Johnson wrote Colden that he had met with about two thousand Indians including all the chiefs of the Western Nations with the exception of Pontiac and the Six Nations. Many of their disputes with each other and with the provincials were settled.34 The Assembly deliberated on the validity of the patents for land in the colony and the fairness of previous purchases from the Indians, but determined that they could make no change.35

  During that year, Colden's correspondence attested to the efficacy of Franklin's lightning rod. The steeple of Trinity Church in New York was struck with lightning and no damage resulted. By contrast, lightning also struck one of the corners fifty to sixty feet below the top of the spire, and this caused an urn below that corner, which was not furnished with a conducting rod, to shatter.36

  On April 5, 1764, during the time that the colonies were in the midst of an economic depression, Parliament passed the Sugar Act, which taxed sugar and also lumber that could be sent only to Great Britain. The New York Assembly wrote Colden: “We hope your Honour will join us, in an Effort to secure that great Badge of English Liberty, of being taxed only with our Consent; to which, we conceive, all His Majesty's Subjects at home and abroad equally entitled, and also in pointing out to the Ministry, the many mischiefs arising from the Act, commonly called the Sugar Act, to both us and Great Britain.”37 Colden refused to sign. The act was repealed in 1766.

  In August Colden received this first notification of the act, which would lead to his vilification. The Earl of Halifax, secretary of state for the Northern Department, sent a communiqué dated August 11, 1764, stating,

  The House of Commons having, in the last session of Parliament, come to a resolution by which it is declared that towards defraying the necessary Expenses of defending, protecting & securing the British Colonies & Plantations in America, it may be proper to charge certain Stamp Duties in the said Colonies & Plantations, It is His Majesty's Pleasure, that you should transmit to me without delay, a List of all Instruments made use of in publick Transactions, Law Proceedings, Grants, Conveyances, Securities of Land or money, within your Government with proper & sufficient descriptions of the same, in order that if Parliament should think proper to pursue the Intention of the aforesaid Resolution, they may thereby by enabled to carry it into Execution, in the most effectual & least bothersome Manner.”38

  In October, on learning of the proposed Stamp Act, the New York Assembly sent a petition to Parliament that was so forceful and argumentative that no member of Parliament would introduce it.39

  The year 1765 is identifiable as the period that sealed Colden's reputation as the ultimate Loyalist and the major enemy of the populace. The events of that year moved his intellectual contributions backstage to a point of insignificance. His participation in the year's political processes would eventually erase any positive appreciation on the impact he made during an unrivaled longevity of service to the province of New York. He would emerge from the fray as a reviled historical irritant that provided yet another stimulus for independence and democracy.

  Colden's correspondence that year began, emblematically, with an extensive written opinion on legal appeals. In answering the question, “Whether the King by the 32d Article of Instructions to his Captain General hath given an appeal to all Civil Courses from the Courts of Common Law to his Governor and Council and whether his Majesty by his said Instruction constituted his Governor and Council a Court for hearing and determining of such appeals,” Colden drew from English history, beginning with the Magna Carta, to support his stance in the Forsey/Cunningham case.40 Colden's legal action sensitized the public and indirectly fanned the flames that would erupt nine months later.

  In his role as lieutenant governor he continued his efforts at achieving peace with the Indians and fairness for them in their land negotiations with settlers. He was in constant contact by means of mail with the agent for Indian affairs, William Johnson, with whom Colden shared a common goal. Peace was formalized with the Delaware and Susquehanna tribes. Colden also continued cooperating with Major General Amherst by providing support for the troops stationed in New York as protection for the population.

  The history of events leading up to Colden's ultimate crisis can be dated to 1763. That year, George Grenville became the prime minister of Great Britain, which was confronted with significant financial problems consequent to the cost of the French and Indian War and the need to maintain a large peaceful establishment in its American colonies. The Crown and Parliament expected the colonists to contribute to the cost of their own defense. The first tax to raise the required money was the Sugar Act of 1764. The colonists objected for economic reasons, but, initially did not invoke the issue of taxation without representation.

  The Sugar Act was replaced by the Stamp Act, which was passed by Parliament on March 22, 1765, with an implementation date of November 1. The highest tax was placed on attorney's licenses. Papers related to court proceedings and land grants were also taxed, as were newspapers, pamphlets, and cards. The stamps had to be purchased with scarce hard currency rather than more available colonial paper currency. Admiralty courts, which were controlled by England, were given jurisdiction over violators. The tax brought into focus the issue of taxation without representation. Before the year ended, all of the colonies except North Carolina and Georgia sent protests from their Assemblies to Parliament, often emphasizing the issue of taxation without representation.41

  When the act was passed stamp distributors were appointed for each of the colonies. On August 14, 1765, Andrew Oliver, Massachusetts's distributor, was hanged in effigy and his house was looted. He resigned the next day.42 Within days, James Evers, New York's distributor of stamps, resigned for fear of “the greatest risk of my Person and Fortune…to Prevent the same Cruel Fate Mr Oliver met with at Boston.”43

  The Council of New York met on September 4, 7, and 9 relative to the Stamp Act.44 At the first meeting, Evers's letter of resignation was presented by Colden. At the second meeting, in response to a query from General Gage, commander-in-chief of his majesty's forces in North America, regarding the need for military support, the Council indicated that there was no need for alarm that riots would develop in the colony. At the third meeting, the city's mayor affirmed the Council's opinion that no precaution was necessary. In September the governor of Connecticut indicated to Colden that he had no desire to receive that stamps that were allo
cated to his colony,45 and the governor of New Jersey followed suit.46 On October 23, the Council was informed that the ship bearing the stamped paper had arrived at New York Harbor and the next day it anchored in the North River. On October 31, Colden took an oath, which was administered by the Council, to uphold “An Act for granting and applying certain Stamp Duties in the British Colonies and Plantations in America, towards defraying the Expenses of defending protecting and Securing the same….”47

  On Friday evening, November 1, an anonymous notice was delivered to Colden at Fort George. It stated,

  “Sir,

  The People of this City & Province of New York, have been inform'd yt you bound yourself under an Oath to be the Chief Murderer of their Rights & Privileges, by acting as an Enemy to your King and Country to Liberty & Mankind in the Inforcement of the Stamp-Act which we are unanimously determined shall never take Place among us, so long as Man has Life to defend his injured Country – Thus wicked men of old conspired agt Paul an Apostle of J. Christ, and bound themselves under a Curse, that they would neither eat nor drink, till they killed him; but God defeated their Bloody Purposes, as we trust he'll do yours, and Paul was deliver'd. How it fared with his intended assassins History does not certainly inform us; but we can with certainty assure you of your Fate if you do not this Night Solemnly make Oath before a Magistrate & publish to the People, that you never will, directly nor indirectly, by any Act of yours or any Person under your Influence, endeavor to introduce of or execute the Stamp-Act, or any Part of it, that you will to the utmost of your power prevent it taking Effect here, and endeavor to obtain a Repeal of it in England. So help you God.

  We have heard of your Design of Menace to fire upon the Tow, in Case of Disturbance, but assure yourself, that, if you dare to Perpetrate and such murderous Act, you'll bring tour grey Hairs with Sorrow to the Grave, You'll die a Martyr to your own Villany, & be Hang'd, like Porteis [Porteous] upon a Sign-Post, as a Memento to all wicked Governors, and that every Man, that assists you, Shall be, surely, put to Death. 48

  At a meeting of the Council on November 2, Colden reported that, on the previous night, his two sleighs, his sedan chair, his own and several other carriages in the stables adjacent the fort were taken and burned by the mob.49 Colden was hanged in effigy and the elegant home of Major Thomas James, the commander of the garrison at Fort George, was sacked. The Council, which had previously received word that Sir Henry Moore was appointed governor of the province, was unanimously in favor of temporizing any related action until the new governor could act. On November 5, the stamps were deposited in the City Hall to be guarded by the City Watch.50 Anarchy was stemmed and relative calm returned.

  Governor Moore arrived at New York on November 13. Colden immediately turned over the command as well as the residence and moved to the house of his grandson, Stephen Delancey, where he remained for five days. He then took a ferry to Spring Hill in Flushing. Moore, immediately, sought to establish his popularity and distanced himself from Colden. In February 1766, Colden wrote Henry Seymour Conway, secretary of the Northern Department, that Moore had totally neglected him “as could not but shagreen a person who had immediately preceded him in the chief command, and having ordered the Fort to be dismantled without consulting me, I thought it proper for me to retire to the Country…. My tiring seemed very agreeable to him & I took my leave.”51

  In December 1765, the lawyers of New York proceeded to execute their business without the use of stamps. On December 13, Colden sent a summation, entitled “State of the Province of New York,” to the secretary of state and Board of Trade. In the document, he indicated that there were four classes— great land owners, lawyers, merchants, and farmers. He described their relationships with one and other, and with the provincial government and Great Britain. Colden also offered his conclusions regarding the controversies of his administration and his judgment of the Stamp Act.52 That year, Colden published his Treatise on Wounds and Fevers, considered to be his most notable medical contribution and the authoritative work at the time.53

  In February 1766, Colden was surprised to receive a letter from Henry Seymour Conway, secretary of state, who had been an opponent of the Stamp Act, in which he expressed the king's and Parliament's disapproval of Colden's decision to act on the previous November 2 and await the arrival of Governor Moore.54 On February 21, Parliament repealed the Stamp Act and the king gave his assent on March 17. It was replaced by the face saving Declaratory Act, which affirmed Parliament's right to tax the colonies. An extension of the 1765 Quartering Act, which required the provision of lodgings and supplies for British troops in America, was also passed in 1766. The New York Assembly refused to comply. In November, one year after the riot, Colden was still awaiting words of commendation and payment for his losses. He composed a detailed report of vindication that he sent to Collinson, requesting that 120 copies be printed, twenty to be sent to Colden and the remainder to be sent to members of Parliament.55

  During the next two years, Moore continued to actively oversee the political activities of New York while Colden remained in Flushing, devoid of significant influence or impact. In compliance with the Parliament's Septennial Act that mandated elections every seven years, a new Assembly was constituted. The Whig interests of the legal profession and city merchants were reduced. Judge Livingston's influence was also minimized. Colden's grandson was elected as the representative from Westchester.

  In December Judge Livingston read to members of the Assembly from an anonymous printed pamphlet entitled “The Conduct of Cadwallader Colden, Esquire, Late Lieutenant Governor of New York, relating to the Judges Commissions, Appeals to the King and the Stamp Act.” Livingston strongly censured the contained criticism, and a joint committee of the Council and Assembly was appointed to investigate. The committee reaffirmed Livingston's censure and stated that the document contained, “the most malignant aspersion upon the inhabitants of this colony in general,” and it contributed “to destroy[ing] the Confidence of the people in two branches of the legislature and in the officers concerned in the due administration of justice; to render the government odious and contemptible; to abate due respect to authority, which was so necessary to peace and good order; to excite disadvantageous suspicions and jealousies in the minds of the people of Great Britain against his Majesty's subjects in this colony; and to expose the colony in general to resentments of the Crown and both houses of parliament.”56

  New York's economy was depressed, and there was an insufficient supply of circulating money. Embezzlement by the treasurer was discovered and counterfeiting was widespread. The New York Chamber of Commerce was established in 1768, and it immediately attempted to regulate the circulated currencies.57

  In July the recently appointed secretary of state, the Earl of Hillsborough, directed Governor Moore to compensate Colden for losses sustained during the disturbances in New York. Hillsborough referred to Colden as “a Meritorious old Servant of the Crown.”58 The same month the past prime minister, George Grenville wrote Colden,

  The attack which you complain of as made upon yourself, seems to me to be a Severe one, & if owing to the Causes you asking for it, deserves to be enquired into, but as on the one hand you have the strongest Title to be supported for doing your Duty, so on the other those you complain of have a Right to be heard before They are censur'd. Your Behavior during the former Disturbances appeared to me to be highly meritorious & I have more than once declared to the House of Commons my Opinion concerning it. This Sir, is a Justice due to you, which as far as it depends upon me, I should always be ready to pay, & I am therefore very Sorry that you have felt so much uneasiness at a Time of Life which should naturally call, as you truly observe, for Quiet & Retirement, after so many years spent in public service.”59

  Moore complied with Hillsborough's order and presented Colden's account to the new Assembly. They voted to only provide Colden with his unpaid salary, but they refused to compensate him for his personal losses.

 
Colden remained an active political participant during the eight years of his ninth decade of life, at a time when the mean life expectancy of a North American colonist was thirty-five years. In the final segment of his life, he served under three governors of the province of New York, and ran the colony during interregnums and the governors' absences. The eight years included a final personal confrontation, in which he, once again, defended his principles and purse. During the same period, colonists witnessed battles with bloodshed, urban occupation by the British, and pan-colonial assertions that evolved into the American Revolution and the colonies' declaration of independence from British control. Colden's ultimate period of retirement was brief. After he died, his presence, contributions, and influence rapidly faded into obscurity, where they remained, with the exception of sporadic consideration.

  In July 1769, Lord Hillsborough, secretary of state for the colonies, wrote to Sir Henry Moore, the governor of New York, indicating the Crown's displeasure with the Assembly's resolution against the importation of goods from Great Britain. Concern was also expressed for Assembly's extension of the jurisdiction of county courts and the concomitant limitation of the Supreme Court.1

  After serving for four relatively peaceful years during which he enjoyed the respect of the populace and politicians, Moore suddenly died on September 11, leaving Colden in charge of the province. In early December, Colden received word that James Murray, the Earl of Dunmore, had been appointed governor of New York.2 Dunmore's commission was formalized on January 2, 1770. Once again, Colden became the object of the king's disapproval. Hillsborough chastised Colden for a speech to the Assembly in which he stated that it was probable that the duties previously imposed by Parliament would be removed. The Crown also deemed inappropriate the steps taken by Moore and Colden in respect to the passage of a Paper Currency Bill. Hillsborough included in his correspondence, “The merit however of your former Services and what you say in respect to the time fixed by the Act for its operation which you state as an excuse for your Conduct, prevail with His Majesty to forbear any further Marks of His Displeasure, trusting that you will not for the future suffer yourself to be withdrawn from your Duty by and motive whatever.”3 A reminder of the premise of immutable loyalty to the Crown was presented in August 1770 with the unveiling of a large equestrian statue of George III at Bowling Green, in lower New York.