Old Taverns of New York

by W. Harrison Bayles

THE BLACK HORSE TAVERN

The assembly, like the common council, were inclined to meet at taverns for the transaction of public business, where they were evidently surrounded by a more cheerful atmosphere than in the cold halls of legislation and justice. Where the room was warmed by a large and lively fire in the spacious fireplace, and the inner man warmed and exhilarated by good old wine, business was transacted with more cheerfulness and alacrity. The Black Horse Tavern was the scene of many such meetings, and, no doubt, of some very exciting ones. In the contest over the votes for Van Horne and Phillipse there were, very likely, some lively discussions. The Black Horse was for many years one of the most prominent taverns in the city.

Governor Montgomerie, after being governor of New York about two years, died on the 1st of July, 1731, and Rip Van Dam, as senior member of the council, and president of that body, became, ex officio, acting governor of the province.

Governor Cosby was appointed to succeed Montgomerie, but did not arrive until the 1st of August, 1732, so that Van Dam was acting governor for a period of thirteen months. He had been invested with all the powers, duties, and rights of the office, and had been allowed to draw the full amount of the salary from the public funds. Governor Cosby, like almost all the governors sent out to the provinces, had a sharp eye to his own profit, and had obtained, before he left England, an order on Van Dam for one-half of the salary, emoluments and perquisites of the office during the time that the latter had exercised the chief authority; and, accordingly, made demand shortly after his arrival. Van Dam was willing to surrender one-half of the salary which he had received if Cosby would pay to him one-half of the receipts, other than salary, and not otherwise, Van Dam resisting, Cosby instituted suit by way of information in the equity side of the court of exchequer, where he was confident of a decision in his favor. The counsel for Van Dam excepted to the jurisdiction of the court as being illegal. Great excitement ensued in consequence of a division in the court itself. Chief Justice Morris supported the exception, the two associate judges, DeLancey and Phillipse, voting against the plea. The decision of Chief Justice Morris annoyed the governor, who demanded a copy of it. Morris, to prevent misrepresentation, had it printed and sent it to the governor with a letter. Both the decision and the letter were published in the Gazette. This exasperated the governor beyond all bounds, and almost immediately Morris was removed from the bench. Shortly after James DeLancey, who afterwards became prominent, was appointed chief justice in his place.

The contest between Cosby and Van Dam, at first personal, soon involved the people, and divided them into two parties. Those in office, and their following, supported the governor, while the party of the people, especially after the removal of the chief justice, were violently opposed to the arbitrary act of the governor in removing a judge because his decision was not as he wished, and to the favoritism which could, by an ex post facto order, divest any of the colonial officers of salary earned and appropriated to individual use, and direct the amount to be paid to a stranger who had performed no service for it. If this were conceded, there would be little stability in the rights of British subjects.

In the fall of 1733, Lewis Morris, being removed from the office of chief justice, offered himself as a candidate for representative for the county of Westchester in the assembly. Opposed to him was William Forster, supported by the chief justice, James DeLancey, and the second judge, Frederick Phillipse, who both appeared in person on the ground, and exerted their influence to the utmost to defeat the election of Morris. The account of this election, as told in the first number of the New York Weekly Journal, reads like a page from the history of feudal times, when the lords appeared upon the scene, followed by their retainers, ready for contests in the lists or on the field of battle.

The high sheriff of the county, having, by papers affixed to the church of East Chester and other public places, given notice of the day and place, without stating any time of day when the election was to take place, the electors for Morris were very suspicious of some intended fraud. To prevent this, about fifty of them kept watch upon and about the Green at East Chester, the place of election, from twelve o’clock the night before until the morning of the appointed day.