Chapter 23
On the 19th of June the lieutenant-governor issued a proclamation of freedom to all who would "confess and discover" before the 1st of July. Several Indians were in the prison, charged with conspiracy. The confessions and discoveries were numerous. Every Negro charged with being an accomplice of the unfortunate wretches that had already perished at the stake began to accuse some one else of complicity in the plot. They all knew of many Negroes who were going to cut the white people's throats with penknives; and when the town was in flames they were to "meet at the end of Broadway, next to the fields!" And it must be recorded, to the everlasting disgrace of the judiciary of New York, that scores of ignorant, helpless, and innocent Negroes--and a few white people too--were convicted upon the confessions of the terror-stricken witnesses! There is not a court to-day in all enlightened Christendom that would accept as evidence--not even circ.u.mstantial--the incoherent utterances of these Negro "confessors."
And yet an intelligent (?) New-York court thought the evidence "clear (?), and satisfactory!"
But the end was not yet reached. A new turn was to be given to the notorious Mary Burton. The reader will remember that she said that there never were any white persons present when the burning of the town was the topic of conversation, except her master and mistress and Peggy Carey. But on the 25th of June the budding Mary accused Rev.
John Ury, a reputed Catholic priest, and a schoolmaster in the town, and one Campbell, also a school-teacher, of having visited Hughson's tavern with the conspirators.
On the 26th of June, nine more Negroes were brought before the court and arraigned. Seven pleaded guilty in the hope of a reprieve: two were tried and convicted upon the testimony of Mary Burton. Eight more were arraigned, and pleaded guilty; followed by seven more, some of whom pleaded guilty, and some not guilty. Thus, in one day, the court was enabled to dispose of twenty-four persons.
On the 27th of June, one Adam confessed that he knew of the plot, but said he was enticed into it by Hughson, three years before; that Hughson told him that he knew a man who could forgive him all his sins. So between John Hughson's warm rum, and John Ury's ability to forgive sin, the virtuous Adam found all his scruples overcome; and he took the oath. A Dr. Hamilton who lodged at Holt's, and the latter also, are brought into court as accused of being connected with the plot. It was charged that Holt directed his Negro Joe to set fire to the play-house at the time he should indicate. At the beginning of the trial only four white persons were mentioned; but now they began to multiply, and barrels of powder to increase at a wonderful rate. The confessions up to this time had been mere repet.i.tions. The arrests were numerous, and the jail crowded beyond its capacity. The poor Negroes implicated were glad of an opportunity to "confess" against some one else, and thereby save their own lives. Recorder Horsemanden says, "Now many negroes began to squeak, in order to lay hold of the benefit of the proclamation." He deserves the thanks of humanity for his frankness! For before the proclamation there were not more than seventy Negroes in jail; but, within eight days after it was issued, thirty more frightened slaves were added to the number. And Judge Horsemanden says, "'Twas difficult to find room for them, nor could we see any likelihood of stopping the impeachments." The Negroes turned to accusing white persons, and seven or eight were arrested. The sanitary condition of the prison now became a subject of grave concern. The judges and lawyers consulted together, and agreed to pardon some of the prisoners to make room in the jail. They also thought it prudent to lump the confessions, and thereby facilitate their work; but the confessions went on, and the jail filled up again.
The Spanish Negroes taken by an English privateer, and adjudged to slavery by the admiralty court, were now taken up, tried, convicted, and sentenced to be hung. Five others received sentence the same day.
The b.l.o.o.d.y work went on. The poor Negroes in the jail, in a state of morbid desperation, turned upon each other the blistering tongue of accusation. They knew that they were accusing each other innocently,--as many confessed afterwards,--but this was the last straw that these sinking people could see to catch at, and this they did involuntarily. "Victims were required; and those who brought them to the altar of Moloch, purchased their own safety, or, at least, their lives."
On the 2d of July, one Will was produced before Chief-Justice James DeLancy. He plead guilty, and was sentenced to be burnt to death on the 4th of July. On the 6th of July, eleven plead guilty. One Dundee implicates Dr. Hamilton with Hughson in giving Negroes rum and swearing them to the plot. A white man by the name of William Nuill deposed that a Negro--belonging to Edward Kelly, a butcher--named London swore by G.o.d that if he should be arrested and cast into the jail, he would hang or burn all the Negroes in New York, guilty or not guilty. On this same day five Negroes were hanged. One of them was "hung in chains" upon the same gibbet with Hughson. And the Christian historian says "the town was amused" on account of a report that Hughson had turned black and the Negro white! The vulgar and sickening description of the condition of the bodies, in which Mr. Horsemanden took evident relish, we withhold from the reader. It was rumored that a Negro doctor had administered poison to the convicts, and hence the change in the bodies after death.
In addition to the burning of the Negro Will, on the 4th of July, was the sensation created by his accusing two white soldiers, Kane and Kelly, with complicity in the conspiracy. Kane was examined the next day: said that he had never been to the house of John Romme; acknowledged that he had received a stolen silver spoon, given to his wife, and sold it to one Van Dype, a silversmith; that he never knew John Ury, etc. Knowing Mary Burton was brought forward,--as she always was when the trials began to lag,--and accused Kane. He earnestly denied the accusation at first, but finally confessed that he was at Hughson's in reference to the plot on two several occasions, but was induced to go there "by Corker, Coffin, and f.a.gan." After his tongue got limbered up, and his memory refreshed, he criminated Ury. He implicated Hughson's father and three brothers, Hughson's mother-in-law, an old fortune-teller, as being parties to the plot as sworn "to burn, and kill;" that Ury christened some of the Negroes, and even had the temerity to attempt to proselyte him, Kane; that Ury asked him if he could read Latin, could he read English; to both questions he answered no; that the man Coffin read to him, and descanted upon the benefits of being a Roman Catholic; that they could forgive sins, and save him from h.e.l.l; and that if he had not gone away from their company they might have seduced him to be a Catholic; that one Conolly, on Governor's Island, admitted that he was "bred up a priest;" that one Holt, a dancing-master, also knew of the plot; and then described the mystic ceremony of swearing the plotters. He said, "There was a black ring made on the floor, about a foot and a half in diameter; and Hughson bid every one put off the left shoe and put their toes within the ring; and Mrs. Hughson held a bowl of punch over their heads, as the Negroes stood around the circle, and Hughson p.r.o.nounced the oath above mentioned, (something like a freemason's oath and penalties,) and every negro severally repeated the oath after him, and then Hughson's wife fed them with a draught out of the bowl."
This was "new matter," so to speak, and doubtless broke the monotony of the daily recitals to which their honors had been listening all summer. Kane was about to deprive Mary Burton of her honors; and, as he could not write, he made his mark. A peddler named Coffin was arrested and examined. He denied all knowledge of the plot, never saw Hughson, never was at his place, saw him for the first time when he was executed; had never seen Kane but once, and then at Eleanor Waller's, where they drank beer together. But the court committed him.
Kane and Mary Burton accused Edward Murphy. Kane charged David Johnson, a hatter, as one of the conspirators; while Mary Burton accuses Andrew Ryase, "little Holt," the dancing-master, John Earl, and seventeen soldiers,--all of whom were cast into prison.
On the 16th of July nine Negroes were arraigned: four plead guilty, two were sentenced to be burnt, and the others to be hanged. On the next day seven Negroes plead guilty. One John Schultz came forward, and made a deposition that perhaps had some little influence on the court and the community at large. He swore that a Negro man slave, named Cambridge, belonging to Christopher Codwise, Esq., did on the 9th of June, 1741, confess to the deponent, in the presence of Codwise and Richard Baker, that the confession he had made before Messrs.
Lodge and Nichols was entirely false; viz., that he had confessed himself guilty of partic.i.p.ating in the conspiracy; had accused a Negro named Cajoe through fear; that he had heard some Negroes talking together in the jail, and saying that if they did not confess they would be hanged; that what he said about Horsefield Caesar was a lie; that he had never known in what section of the town Hughson lived,
This did not in the least abate the zeal of Mary Burton and William Kane. They went on in their work of accusing white people and Negroes, receiving the approving smiles of the magistrates. Mary Burton says that John Earl, who lived in Broadway, used to come to Hughson's with ten soldiers at a time; that these white men were to command the Negro companies; that John Ury used to be present; and that a man near the Mayor's Market, who kept a shop where she (Mary Burton) got rum from, a doctor, by nationality a Scotchman, who lived by the Slip, and another dancing-master, named Corry, used to meet with the conspirators at Hughson's tavern.
On the 14th of July, John Ury was examined, and denied ever having been at Hughson's, or knowing any thing about the conspiracy; said he never saw any of the Hughsons, nor did he know Peggy Carey. But William Kane, the soldier, insisted that Ury did visit the house of Hughson. Ury was again committed. On the next day eight persons were tried and convicted upon the evidence of Kane and Mary Burton. The jail was filling up again, and the benevolent magistrates pardoned fourteen Negroes. Then they turned their judicial minds to the case of William Kane _vs_. John Ury. First, he was charged with having counselled, procured, and incited a Negro slave, Quack, to burn the king's house in the fort: to which he pleaded not guilty. Second, that being a priest, made by the authority of the pretended See of Rome, he had come into the Province and city of New York after the time limited by law against Jesuits and Popish priests, pa.s.sed in the eleventh year of William III., and had remained for the s.p.a.ce of seven months; that he had announced himself to be an ecclesiastical person, made and ordained by the authority of the See of Rome; and that he had appeared so to be by celebrating ma.s.ses and granting absolution, etc. To these charges Ury pleaded not guilty, and requested a copy of the indictments, but was only allowed a copy of the second; and pen, ink, and paper grudgingly granted him. His private journal was seized, and a portion of its contents used as evidence against him. The following was furnished to the grand jury:--
"Arrived at Philadelphia the 17th of February, 1738. At Ludinum, 5th March.--To Philadelphia, 29th April.--Began school at Burlington, 18th June. Omilta Jacobus Atherthwaite, 27th July.--Came to school at Burlington, 23d January, 1740.--Saw ----, 7th May.--At five went to Burlington, to Piercy, the madman.--Went to Philadelphia, 19th May.--Went to Burlington, 18th June.--At six in the evening to Penefack, to Joseph Ashton.--Began school at Dublin under Charles Hastie, at eight pounds a year, 31st July, ----, 15th October, ----, 27th ditto.--Came to John Croker (at the Fighting c.o.c.ks), New York, 2d November.--I boarded gratis with him, 7th November,--Natura Johannis Pool, 26th December.--I began to teach with John Campbell, 6th April, 1741.--Baptized Timothy Ryan, born 18th April, 1740, son of John Ryan and Mary Ryan, 18th May.--Pater Confessor Butler, two Anni, no sacramentum non confessio."[250]
On the 21st of July, Sarah Hughson, who had been respited, was put on the witness-stand again. There were some legal errors in the indictments against Ury, and his trial was postponed until the next term; but he was arraigned on a new indictment. The energies of the jury and judges received new life. Here was a man who was a Catholic,--or had been a Catholic,--and the spirit of religious intolerance a.s.serted itself. Sarah Hughson remembered having seen Ury at her father's house on several occasions; had seen him make a ring with chalk on the floor, make all the Negroes stand around it, while he himself would stand in the middle, with a cross, and swear the Negroes. This was also "new matter:" nothing of this kind was mentioned in the first confession. But this was not all. She had seen Ury preach to the Negroes, forgive their sins, and baptize some of them! She said that Ury wanted her to confess to him, and that Peggy confessed to him in French.
On the 24th of July, Elias Desbroses, confectioner, being called, swore that Ury had come to his shop with one Webb, a carpenter, and inquired for sugar-bits, or wafers, and asked him "whether a minister had not his wafers of him? or, whether that paste, which the deponent showed him, was not made of the same ingredients as the Luthern minister's?" or words to that effect: the deponent told Ury that if he desired such things a joiner would make him a mould; and that when he asked him whether he had a congregation, Ury "waived giving him an answer."
On the 27th of July, Mr. Webb, the carpenter, was called to the witness-stand and testified as follows: That he had met Ury at John Croker's (at the Fighting c.o.c.ks), where he became acquainted with him; that he had heard him read Latin and English so admirably that he employed him to teach his child; that finding out that he was a school-teacher, he invited him to board at his house without charge; that he understood from him that he was a non-juring minister, had written a book that had drawn the fire of the Church, was charged with treason, and driven out of England, sustaining the loss of "a living"
worth fifty pounds a year; that on religious matters the deponent could not always comprehend him; that the accused said Negroes were only fit for slaves, and to put them above that condition was to invite them to cut your throats. The observing Horsemanden was so much pleased with the above declaration, that he gives Ury credit in a footnote for understanding the dispositions of Negroes![251] Farther on Mr. Webb says, that, after one Campbell removed to Hughson's, Ury went thither, and so did the deponent on three different times, and heard him read prayers after the manner of the Church of England; but in the prayer for the king he only mentioned "our sovereign lord the King," and not "King George." He said that Ury pleaded against drunkenness, debauchery, and Deists; that he admonished every one to keep his own minister; that when the third sermon was delivered one Mr. Hildreth was present, when Ury found fault with certain doctrines, insisted that good works as well as faith were necessary to salvation; that he announced that on a certain evening he would preach from the text, "Upon this rock I will build my church, and the gates of h.e.l.l shall not prevail against it; and whosoever sins ye remit, they are remitted, and whosoever sins ye retain, they are retained."
The judges, delighted with this flavor added to the usually dry proceedings, thought they had better call Sarah Hughson; that if she were grateful for her freedom she would furnish the testimony their honors desired. Sarah was accordingly called. She is recommended for mercy. She is, of course, to say what is put in her mouth, to give testimony such as the court desires. So the fate of the poor schoolmaster was placed in the keeping of the fateful Sarah.
On the 28th of July another grand jury was sworn, and, like the old one, was composed of merchants. The following persons composed it: Joseph Robinson, James Livingston, Herma.n.u.s Rutgers, jun., Charles LeRoux, Abraham Boelen, Peter Rutgers, Jacobus Roosevelt, John Auboyneau, Stephen Van Courtlandt, jun., Abraham Lynsen, Gerardus Duyckinck, John Provost, Henry Lane, jun., Henry Cuyler, John Roosevelt, Abraham DePeyster, Edward Hicks, Joseph Ryall, Peter Schuyler, and Peter Jay.[252]
Sarah Hughson had been pardoned. John Ury was brought into court, when he challenged some of the jury. William Hammersley, Gerardus Beekman, John Shurmur, Sidney Breese, Daniel Shatford, Thomas Behenna, Peter Fresneau, Thomas Willett, John Breese, John Hastier, James Tucker, and Brandt Schuyler were sworn to try him. Barring formalities, he was arraigned upon the old indictment; viz., felony, in inciting and exciting the Negro slave Quack to set fire to the governor's house.
The king's counsel were the attorney-general, Richard Bradley, and Messrs. Murray, Alexander, Smith, and Chambers. Poor Ury had no counsel, no sympathizers. The attorney-general, in an opening speech to the jury, said that certain evidence was to be produced showing that the prisoner at the bar was guilty as charged in the indictment; that he had a letter that he desired to read to them, which had been sent to Lieut.-Gov. Clark, written by Gen. Oglethorpe ("the visionary Lycurgus of Georgia"), bearing date of the 16th of May. The following is a choice pa.s.sage from the letter referred to:--
"Some intelligence I had of a villanous design of a very extraordinary nature, and if true very important, viz., that the Spaniards had employed emissaries to burn all the magazines and considerable towns in the English North America, and thereby to prevent the subsisting of the great expedition and fleet in the West Indies; and for this purpose many priests were employed, who pretended to be physicians, dancing-masters, and other such kinds of occupations, and under that pretence to get admittance and confidence in families."[253]
The burden of his effort was the wickedness of Popery and the Roman-Catholic Church. The first witness called was the irrepressible Mary Burton. She began by rehearsing the old story of setting fire to the houses: but this time she varied it somewhat; it was not the fort that was to be burnt first, but Croker's, near a coffee-house, by the long bridge. She remembered the ring drawn with chalk, saw things in it that looked like rats (the good Horsemanden throws a flood of light upon this otherwise dark pa.s.sage by telling his reader that it was the Negroes' black toes!); that she peeped in once and saw a black thing like a child, and Ury with a book in his hand, and at this moment she let a silver spoon drop, and Ury chased her, and would have caught her, had she not fallen into a bucket of water, and thus marvellously escaped! But the rule was to send this curious Mary to bed when any thing of an unusual nature was going on. Ury asked her some questions.
"_Prisoner_.--You say you have seen me several times at Hughson's, what clothes did I usually wear?
"_Mary Burton_.--I cannot tell what clothes you wore particularly.
"_Prisoner._--That is strange, and know me so well?"
She then says several kinds, but particularly, or chiefly, a riding-coat, and often a brown coat, trimmed with black.
"_Prisoner_.--I never wore such a coat. What time of the day did I used to come to Hughson's?
"_M. Burton_.--You used chiefly to come in the night-time, and when I have been going to bed I have seen you undressing in Peggy's room, as if you were to lie there; but I cannot say that you did, for you were always gone before I was up in the morning.
"_Prisoner_.--What room was I in when I called Mary, and you came up, as you said?
"_M. Burton_.--In the great room, up stairs.
"_Prisoner_.--What answer did the Negroes make, when I offered to forgive them their sins, as you said?
"_M. Burton_.--I don't remember."[254]
William Kane, the soldier, took the stand. He was very bold to answer all of Ury's questions. He saw him baptize a child, could forgive sins, and wanted to convert him! Sarah Hughson was next called, but Ury objected to her because she had been convicted. The judge informed him that she had been pardoned, and was, therefore, competent as a witness. Judge Horsemanden was careful to produce newspaper sc.r.a.ps to prove that the court of France had endeavored to create and excite revolts and insurrections in the English colonies, and ended by telling a pathetic story about an Irish schoolmaster in Ulster County who drank the health of the king of Spain![255] This had great weight with the jury, no doubt. Poor Ury, convicted upon the evidence of three notorious liars, without counsel, was left to defend himself. He addressed the jury in an earnest and intelligent manner. He showed where the evidence clashed; that the charges were not in harmony with his previous character, the silence of Quack and others already executed. He showed that Mr. Campbell took possession of the house that Hughson had occupied, on the 1st of May; that at that time Hughson and his wife were in jail, and Sarah in the house; that Sarah abused Campbell, and that he reproved her for the foul language she used; and that this furnished her with an additional motive to accuse him; that he never knew Hughson or any of the family. Mr. John Croker testified that Ury never kept company with Negroes, nor did he receive them at Croker's house up to the 1st of May, for all the plotting was done before that date; that he was a quiet, pious preacher, and an excellent schoolmaster; that he taught Webb's child, and always declared himself a non-juring clergyman of the Church of England. But the fatal revelation of this friend of Ury's was, that Webb made him a desk; and the jury thought they saw in it an altar for a Catholic priest! That was enough. The attorney-general told the jury that the prisoner was a Romish priest, and then proceeded to prove the exceeding sinfulness of that Church. Acknowledging the paucity of the evidence intended to prove him a priest, the learned gentleman hastened to dilate upon all the dark deeds of Rome, and thereby poisoned the minds of the jury against the unfortunate Ury. He was found guilty, and on the 29th of August, 1741, was hanged, professing his innocence, and submitting cheerfully to a cruel and unjust death as a servant of the Lord.[256]
The trials of the Negroes had continued, but were somewhat overshadowed by that of the reputed Catholic priest. On the 18th of July seven Negroes were hanged, including a Negro doctor named Harry.
On the 23d of July a number of white persons were fined for keeping disorderly houses,--entertaining Negroes; while nine Negroes were, the same day, released from jail on account of a lack of evidence! On the 15th of August a Spanish Negro was hanged. On the 31st of August, Corry (the dancing-master), Ryan, Kelly, and Coffin--all white persons--were dismissed because no one prosecuted; while the reader must have observed that the evidence against them was quite as strong as that offered against any of the persons executed, by the lying trio Burton, Kane, and Sarah. But Mr. Smith the historian gives the correct reason why these trials came to such a sudden end.
"The whole summer was spent in the prosecutions; every new trial led to further accusations: a coincidence of slight circ.u.mstances, was magnified by the general terror into violent presumptions; tales collected without doors, mingling with the proofs given at the bar, poisoned the minds of the jurors; and the sanguinary spirit of the day suffered no check till Mary, the capital informer, bewildered by frequent examinations and suggestions, lost her first impressions, and began to touch characters, which malice itself did not dare to suspect."[257]
The 24th of September was solemnly set apart for public thanksgiving for the escape of the citizens from destruction!
As we have already said, this "Negro plot" has but one parallel in the history of civilization. It had its origin in a diseased public conscience, inflamed by religious bigotry, accelerated by hired liars, and consummated in the blind and b.l.o.o.d.y action of a court and jury who imagined themselves sitting over a powder-magazine. That a robbery took place, there was abundant evidence in the finding of some of the articles, and the admissions of Hughson and others; but there was not a syllable of competent evidence to show that there was an organized plot. And the time came, after the city had gotten back to its accustomed quietness, that the most sincere believers in the "Negro plot" were converted to the opinion that the zeal of the magistrates had not been "according to knowledge." For they could not have failed to remember that the Negroes were considered heathen, and, therefore, not sworn by the court; that they were not allowed counsel; that the evidence was indirect, contradictory, and malicious, while the trials were hasty and unfair. From the 11th of May to the 29th of August, one hundred and fifty-four Negroes were cast into prison; fourteen of whom were burnt, eighteen hanged, seventy-one transported, and the remainder pardoned. During the same s.p.a.ce of time twenty-four whites were committed to prison; four of whom were executed, and the remainder discharged. The number arrested was one hundred and seventy-eight, thirty-six executed, and seventy-one transported! What a terrible tragedy committed in the name of law and Christian government! Mary Burton, the Judas Iscariot of the period, received her hundred pounds as the price of the blood she had caused to be shed; and the curtain fell upon one of the most tragic events in all the history of New York or of the civilized world.[258]
The legislature turned its attention to additional legislation upon the slavery question. Severe laws were pa.s.sed against the Negroes.
Their personal rights were curtailed until their condition was but little removed from that of the brute creation. We have gone over the voluminous records of the Province of New York, and have not found a single act calculated to ameliorate the condition of the slave.[259]
He was hated, mistrusted, and feared. Nothing was done, of a friendly character, for the slave in the Province of New York, until threatening dangers from without taught the colonists the importance of husbanding all their resources. The war between the British colonies in North America and the mother country gave the Negro an opportunity to level, by desperate valor, a mountain of prejudice, and wipe out with his blood the dark stain of 1741. History says he did it.
FOOTNOTES:
[215] Brodhead's History of New York, vol. i. p. 184.
[216] O'Callaghan's History of New Netherlands, pp. 384, 385.
[217] Brodhead, vol. i. p. 194.
[218] Ibid, vol. i. pp. 196, 197.
[219] Dunlap's History of New York, vol. i. p, 58.
[220] O'Callaghan, p. 385.
[221] Van Tienhoven.