[528] Cf. Edw. F. De Lancey, ed. of Jones’s N. Y. during the Rev., and his memoir of James De Lancey in Doc. Hist. N. Y., iv., and also Sedgwick’s Wm. Livingston.
[529] An account of the commitment, arraignment, tryal, and condemnation of Nicholas Bayard, Esq., for high treason in endeavoring to subvert the government of the province of New York ... collected from several memorials taken by divers persons privately, the commissioners having strictly prohibited the taking of the tryal in open Court. New York, and reprinted in London, 1703. (Cf. Brinley, ii. no. 2,743.)
Case of William Atwood, Esq., Chief Justice of New York ... with a true account of the government and people of that province, particularly of Bayard’s faction, and the treason for which he and Hutchins stand attainted, but reprieved before the Lord Cornbury’s arrival. (London, 1703.) It is reprinted in the N. Y. Hist. Soc. Coll., 1880.
These original reports are both rare, and cost about $5.00 each.
P. W. Chandler examines the evidence on the Bayard trial (Amer. Criminal Trials, i. 269), and the proceedings are given at length in Howell’s State Trials, vol. xiv.
[530] The report of his trial was printed at the time, and reprinted with an introduction by William Livingston in 1755, and again in Force’s Tracts. See Critical Essay of chap. iv., post.
[531] Cornbury is said to have paraded in woman’s clothes. Cf. Hist. Mag., xiii. 71; Shannon’s N. Y. City Manual, 1869, p. 762.
[532] Doc. Hist. N. Y., i. 377; iv. 109. Colden was a Scotchman (born in 1688), who, after completing his studies at the University of Edinburgh, came to Pennsylvania in 1708, where he practised as a physician, and gathered the material for describing in the Acta Upsaliensia several hundred American plants. For a few years after 1715 he was in England; but when Hunter came to New York as governor in 1720, he made Colden surveyor-general and councillor, and ever after he was actively identified with New York. There is a likeness of Colden in Ibid., iii. 495. The Colden Papers are in the library of the N. Y. Historical Society. A portion of them are the correspondence of Colden with Smith, the historian of New York, and with his father, respecting alleged misstatements in Smith’s History, particularly as regards a scheme of Gov. Clarke to settle Scotch Highlanders near Lake George. These letters were printed in the Collections of that society, second series, vol. ii. (1849) p. 193, etc., and another group of similar letters makes part of vol. i. (p. 181) of the Publication Fund Series of the same Collections. (See Vol. III. p. 412.) The main body, however, of the Colden Papers occupy vols. ix. and x. of this last series (1876 and 1877). The earlier of these volumes contains his official letter-books, 1760-1775, which “throw a flood of light upon the measures which were steadily forcing New York into necessary resistance to arbitrary government.” The succeeding volume takes the next ten years down to 1775.
[533] Haven in Thomas, ii., sub anno 1735, 1738; Carter-Brown, iii. 593, 594. Chandler cites editions in New York, 1735, 1756, 1770, and London, 1764. Franklin printed Remarks on Zenger’s Trial in 1737. Remarks on the Trial of John Peter Zenger (London, 1738) is signed by Indus Britannicus, who calls Hamilton’s speech a “wild and idle harangue,” and aims to counteract “the approval of the paper called Common Sense.” Cf. for Hamilton the chapter on the Bench and Bar in Scharf and Westcott’s Philadelphia (ii. 1501). “Andrew Hamilton was the first American lawyer who gained more than a local reputation, and the only one who did so in colonial times.” Lodge, Short History, 233, gives references on the courts and bar of Pennsylvania and New York (pp. 232, 233, 316, 317). There is a portrait of Andrew Hamilton in the Penn. Hist. Soc., and a photograph of it in Etting’s Independence Hall. The trial is canvassed in Chandler’s Amer. Criminal Trials, i. 151; and the narrative of the trial and the Remarks, etc., are reprinted in Howell’s State Trials, vol. xvii. Cf. also Hudson’s Journalism, p. 81, and Lossing in Harper’s Monthly, lvii. p. 293. The New York State library possesses a collection made by Zenger himself of all the printed matter on the case appearing in his day.
[534] See the full title in Sabin’s Dictionary, viii. no. 33,058. Copies were sold in the Rice sale ($140); Menzies, no. 971 ($240); Strong ($300); Brinley, no. 2,865 ($330); Murphy, no. 1,260; Quaritch (£45). There are copies in Harvard College library, Philadelphia library, Carter-Brown (iii. no. 779), and Barlow (Rough List, no. 878). It was reprinted in London in 1747 (Sabin, viii. no. 33,059), and in New York in 1810 as The New York Conspiracy, or a history of the negro plot, with the journal, etc. (Harvard College library, Boston Public library, Brinley, Cooke, etc.), and was again reprinted in New York in 1851, edited by W. B. Wedgwood, as The Negro Conspiracy in the City of New York in 1741.