Cadwallader Colden (16 page)

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 32
^d
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.
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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.
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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.
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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 M
^r
Oliver met with at Boston.”
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The Council of New York met on September 4, 7, and 9 relative to the Stamp Act.
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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 allocated to his colony,
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and the governor of New Jersey followed suit.
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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….”
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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 y
^t
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 ag
^t
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.
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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.
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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.
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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.”
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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.
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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.
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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.
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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.
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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.”
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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.
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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.”
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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.”
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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.
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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.
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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.”
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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.

In 1770, just before Dunmore arrived in New York, the councilors and city members of the Assembly almost unanimously voted against a proposal to disallow the importation of goods from Great Britain.
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Ten months after his appointment, the Earl of Dunmore arrived in New York on October 18. He served as New York's governor for less than a year, when he moved on to become the governor of Virginia in 1771. When Dunmore arrived, Colden retired to Spring Hill. Colden left with, what was for him, a relatively unique sense of appreciation by the city's merchants and ministers and members of the established church.

The issue of Colden's salary and perquisites during the period that he served as lieutenant governor while awaiting Dunmore's
arrival was the genesis of Colden's final contentious encounter. For Colden, this represented the recurrence of a situation that was addressed and argued during General Monckton's gubernatorial tenure.

In November 1770, John Tabor Kempe, the attorney general of New York, filed a bill in Chancery, on behalf of the Crown, against Colden.
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The specific point of contention was whether Colden, as lieutenant governor was entitled to a “Moiety” (half) of the “Perquisites and Emoluments” of the office of the leader of the province during the period of absence of the governor. Lengthy, detailed notes by Colden provide evidence of his step-by-step rebuttals of his opponents', namely, the Crown's and Lord Dunmore's, arguments.
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In reference to his opponents' invocation of a related declaration, which was made by King William in 1698, Colden insisted that the declaration died with the king, and was, therefore, null and void. Colden also contended that it was absurd to draw any conclusion from that royal declaration because the current salary of the governor and lieutenant governor were appropriated and bestowed by the provincial Assembly rather than the Crown or Parliament. Colden asserted that nothing specified that he, as lieutenant governor, was to receive a proportion of his salary, perquisites, and emoluments for the use of the king. Nor was a lieutenant governor accountable for his salary, bonds, bills and lands, which he had taken. Colden pointed out that there was no evidence that the king had given Lord Dunmore authority to execute any claim. Similarly, there was no authority, which had been granted to the attorney general to institute a suit in Chancery. Colden also contended that nothing related to the king's revenue or debts could be determined in Chancery, where Lord Dunmore was the sole judge.

Colden stressed that any and all the monies and profits, which he might have received, could be discovered in a court of common law. Once again, as was the case during a previous and similar disagreement at the time of Monckton's tenure, Colden insisted that the
lieutenant governor, when acting in lieu of an absent governor, was entitled to
one half of the Salary and of all Perquisites and Emoluments of Government
. It had been assumed that the insertion of the word “of” before “all Perquisites and Emoluments” was a clerical error.

Colden agreed that “one half of the salary” was appropriate because it flowed from a royal bounty and the king could direct it to be paid in any proportion that he saw fit. By contrast, he argued that “Perquisites and Emoluments” were paid by individuals for services performed and, consequently, not under the king's purview. Colden proceeded to support his argument by parsing the specifics of the Declaration of King William, which had been invoked by his opponents. Colden pointed out that the declaration “
reserves to the King the disposal of the other Moiety of the said Salary.
” No mention is made of “a Moiety of Perquisites and Emoluments.” This was offered as enforcement of Colden's contention that the interpolated “of” was not meant to be.

The paper trail concerning the issue of Colden's perquisites continued in 1771 with a petition written by Colden's nemesis, William Smith, Jr., in his role as counsel for Lord Dunmore, who had assumed the position of governor of Virginia. The letter was addressed to Dunmore's replacement, Governor William Tryon.
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Dunmore's counsel indicated that the king had the right to regulate and disperse the receipts of perquisites and emoluments, and that his client should receive half the perquisites and emoluments that Colden had collected during the period between Dunmore's commission and his arrival to assume the post in New York. In order to strengthen his case, Dunmore asked the justices of the Supreme Court for an opinion. They declared that Colden's argument was well-founded, and the case was dropped.
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William Tryon, who had been serving as the governor of North Carolina, was commissioned to change venues and replace Dunmore as the governor of New York, where he arrived on July 8, 1771. Prior to his arrival, Colden, in the role of lieutenant governor,
presented a petition to establish a hospital in the city by favoring the incorporation of “The Society of the Hospital in the City of New-York in America” to the Council. The event brought together the actions of Samuel Bard and Colden, who had established a relationship fifteen years previously when a boyhood Bard recuperated from an illness at Coldengham in 1754. King's College had been established as a medical school in 1767 with Bard as the professor of the theory and practice of medicine. At the graduation of the first class in 1769, Bard inaugurated a campaign for the building of a hospital.
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In 1771, King George III granted the charter and Colden, as lieutenant governor, signed the charter for what would become the second oldest hospital in the United States.

Between the time of Tryon's arrival and his departure for a temporary visit to England, Colden remained in Spring Hill, where he was detached from political activities. In 1772, he was elected as an honorary member of the Marine Society of New York, a charitable and educational organization that had been chartered by King George III in 1770 to “improve maritime knowledge and relieve indigent and distressed shipmasters, their widows and orphans….” Colden's certificate reads,

The Marine Society of this City which owes to you its Existence Impressed with the Warmest Gratitude for their Founder,—and Remembering also the Protection and Countenance, you have always shewn them, both in your publick and private Character, Think it their duty to give some lasting Testimony of these their Sentiments—this the Society could not be better effected than by the Unanimous Choice of you as a member of that Charitable Institution, which was formed under your Wise and benevolent Administration; a Choice, which at the same time that affords some Proof of their great respect for Lieutenant Governor Colden, reflects also particular Honour on themselves, by the addition of a Person of your Rank and Experience to their Society.
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Sometime in 1771 and 1772, Matthew Pratt painted two full-length portraits of Cadwallader Colden as an octogenarian, one standing alone (
fig. 10
) and the other with his grandson, Warren Delancey (
fig. 11
). In 1773, a third generation of the Colden family assumed the position of surveyor general of New York when Lord North, in response to a request from Colden coupled with an endorsement by Tryon, directed the appointment of Richard Nicholls Colden to succeed his father, Alexander.
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In his first demonstration of leadership, Governor Tryon succeeded in having the Assembly appropriate funds for quartering British troops in the province, and also established a militia. A period of relative calm in New York was altered by Parliament's passage of the Tea Act, which was signed by the king on May 10, 1773. It was designed to improve the financial status of the East India Company. Tea was to be shipped directly to the colonies and sold at a bargain price. Although a new tax was not imposed, the Townshend Duties were still in place, and the colonists regarded the Tea Act as an emphasis of the right of Parliament to tax without representation. The act granted the East India Company the right to directly ship its tea to the colonies as a duty-free export. The direct sale would effectively undercut the business of the local merchants.

Tryon planned to have the tea stored at Fort George but the Sons of Liberty, led by Alexander McDougall, vehemently objected to landing any tea. When Tryon learned of the Boston Tea Party, which had taken place on December 16, he informed London that he would not be able to bring the tea ashore without military protection and that it would not be purchased by the colonists. Coincidentally, the Governor's Mansion was destroyed by fire on December 29.

In April 1774, Colden wrote the Earl of Dartmouth, who was secretary of state for the colonies and head of the Board of Trade at the time, his final letter related to Lord Dunmore's suit against him. Colden pointed out that it was the unanimous judgment of the four judges of the Supreme Court that he had sole right to all the salary and perquisites and emoluments, which he had received. Colden also indicated that he had learned that Dunmore was engaged in efforts to remove him from his position as lieutenant governor.
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There is no record of an answer.

Figure 10. Cadwallader Colden (1688–1776) by Matthew Pratt. Painted in 1771–1772. Courtesy of the Chamber of Commerce, State of New York.