XI. Morris on the London Front
During the year 1734 the quarrel between Governor Cosby and his enemies went on, and then in December he learned that Lewis Morris had sailed for England. Things were becoming more tense. The two factions had met head-on in another election contest, that for the Common Council of New York City, and again the Governor had suffered a humiliating defeat. Smarting with resentment, and goaded by mounting fury, he had promptly turned around and thrown himself on the one man who was vulnerable: he had jailed Peter Zenger on the charge of “seditious libel.” If the printer should be convicted, that alone would justify Cosby, and compromise his opponents, in the eyes of the authorities. The leaders of the Zenger faction might join their printer in the city prison. At best, the opposition press would be muzzled, in which case the anti-Cosbyites would have to go outside New York to have their pamphlets printed, while their newspaper must be destroyed.
There was no time to lose. The plan to send a personal representative to London should be implemented, Lewis Morris being a satisfactory choice since he was already known in the British capital. Everything was done as secretly as possible, and Morris embarked clandestinely to prevent the Governor’s taking any countermeasures.
The strategy for him to follow had been worked out in consultations with his colleagues. We know the generalities of the case he was to make against the Cosby administration, and they are of special interest as indicating how the Popular party thought London should be approached. Here we find no trivialities such as those in the Articles of Complaint. Morris was to adhere strictly to criticisms that told:
At a consultation between James Alexander, William Smith, and Lewis Morris Jun., as to the matters to be entrusted to Col. M—, it was determined that he should exert himself to procure among other things: The removal of the Governor if possible—his own restoration [to the Supreme Court]—the dissolution of the then existing Assembly—the removal of Francis Harison and Daniel Horsmanden from the Council of New York—instructions to Gov. Cosby to pass such laws as a new Assembly should conceive conducive to the welfare of the people, and particularly an act for an annual or triennial Assembly, and some others of a special character—to allow the Council to sit without him, and that their advice and consent should be required in conformity with his instructions—that the Governor should also be instructed not to set himself above the law—to grant new charters to the cities of New York and Albany—and that only by adhering to these directions could he hope to be retained in office.[32]
Morris followed his instructions as well, apparently, as he could during almost two years in England. He was quickly disillusioned about the possibility of getting what he wanted. Being of a choleric and impetuous nature, he may have pressed his demands too warmly and eagerly; he may have been too obviously the partisan. But one reason why the recall of Cosby could not be achieved was that too many interests in London wanted him to stay where he was. In a letter to Alexander, Morris wrote:
Everybody here agrees in a contemptible opinion of Cosby, and nobody knows him better, or has a worse opinion of him, than the friends he relies on; and it may be you will be surprised to hear that the most nefarious crime a Governor can commit is not by some counted so bad as the crime of complaining of it—the last is an arraigning of the Ministry that advised the sending of him.[33]
In order to placate Morris, it was suggested to him that he withdraw his indictment of Cosby in return for a promise that he himself should be appointed the first governor of New Jersey under a separate jurisdiction. He announced publicly his refusal of the offer (although some murmuring about his candor was heard when he received that office in 1738). On one point he was partially successful, that of his removal from the Supreme Court: a royal decree declared the reasons for it insufficient. But even so he was not reinstated. His mission to London was not a success. Perhaps the authorities, not at all enthusiastic about removing a governor to begin with, were swayed by Cosby’s accusations against Morris, such as:
Cabals were formed against the government, and a meeting of their factious men is still held several nights in the week at a private lodging which I have discovered, Alexander always present, and Morris, till he lately fled privately for England, in great fear as ’tis publicly reported lest the printer of their seditious libels should discover him.[34]
The Governor certainly had some success with his London defense. He was, after all, the crown’s executive on the spot, and that alone would have given his pronouncements an authority denied to the greatest magnates of the Popular party. The burden of proof lay with them. That they thought they could meet the test is proved by the commission given to Lewis Morris. But, if the Board of Trade went so far as to censure Cosby, they obviously felt inclined to accept his version of what was going on in New York. To the Queen they reported:
Colonel Cosby acquaints us in his letter that the said Alexander and his party have set up a printing press at New York, where the most virulent libels and most abusive pamphlets published against the Ministry and other persons of honor in England have been reprinted, with such alterations as served to inflame the people against the several branches of the legislature and the administration in that Province.
That factious cabals are secretly held several times a week in New York, at which Alexander is always present, as Morris was before his coming privately to England....
Colonel Cosby further acquaints us that Rip Van Dam, Morris, Alexander, and others of their party, appear by their behavior to be disaffected to his Majesty’s government, and are daily exciting the people to sedition and riot.[35]
This passage, written while Lewis Morris was there to agitate for the contrary, comes close to a real endorsement of Governor Cosby.