Old Taverns of New York

IV

The Black Horse

In the early part of the eighteenth century, there stood on the southern corner of Smith and Garden Streets, the present William Street and Exchange Place, the Black Horse Tavern, kept by John DeHoneur, who seems to have been its landlord for many years. John or Johannes DeHoneur was recommended for the office of captain of militia in June, 1709. Whether he was a tavern-keeper at this time, or how soon after he became one, we do not know, but on October 18, 1727, the assembly directed that the Committee on Grievances meet every Tuesday and Friday, during the sessions, at five o’clock in the afternoon, at the house of John DeHoneur, and that the first meeting be on Friday next. The next year the Committee on Grievances requested permission to meet at other place and time than at the place and time appointed for their meeting, and they were allowed by the assembly to meet at such other times and places as they should judge necessary, but they, nevertheless, must meet every Thursday evening at the house of John DeHoneur. It continued to be the meeting place of committees, and ten years after, in 1737, it was the meeting place, by appointment of the assembly, of the Committee of Privileges and Elections. In the record it is sometimes named as the house of John DeHoneur, and at other times as the Black Horse Tavern. In the contest between Cornelius Van Horne and Adolph Phillipse, they were ordered to exchange lists at the house of John DeHoneur.

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.

The electors of the eastern part of the county began to move on Sunday afternoon and evening, so as to be at New Rochelle by midnight. On their way through Harrison’s Purchase, the inhabitants provided for their entertainment, there being a table at each house plentifully provided for that purpose. About midnight they all met at the home of William LeCount, at New Rochelle, whose house not being large enough to entertain so many, a large fire was made in the street, at which they sat till daylight, when they again began to move. On the hill, at the east end of town, they were joined by about seventy horsemen, electors of the lower part of the county, and then proceeded to the place of election in the following order: First, rode two trumpeters and three violinists; next, four of the principal freeholders, one of whom carried a banner, on one side of which was affixed in golden capitals, KING GEORGE, and on the other side, in like golden capitals, LIBERTY & LAW; next followed the candidate, Lewis Morris, formerly chief justice of the province; then two colors. Thus, at sunrise, they entered the Green of East Chester, the place of election, followed by about three hundred horsemen, the principal freeholders of the county (a greater number than had appeared for one man since the settlement of the county). After riding three times around the Green, they went to the houses of Joseph Fowler and Mr. Child, who were well prepared for their reception.

About eleven o’clock appeared William Forster, the candidate of the other side; after him came two ensigns, borne by two of the freeholders; then came the Honorable James DeLancey, chief justice of the province of New York, and the Honorable Frederick Phillipse, second judge of the province and Baron of the Exchequer, attended by about one hundred and seventy horsemen, freeholders, and friends of Forster. They entered the Green on the east side and rode round it twice. As they passed, the second judge very civilly saluted the former chief justice by taking off his hat, a salutation which the former judge returned in the same manner. After this, they retired to the house of Mr. Baker, who was prepared to receive and entertain them.

About an hour after this the high sheriff came to town, finely mounted, with housings and holster caps of scarlet, richly laced with silver. Upon his appearance the electors on both sides went into the Green. After reading his majesty’s writ the sheriff directed the electors to proceed to their choice, which they then did, a great majority appearing for Morris. A poll was demanded and the sheriff insisted that a poll must be taken. A poll was taken, and did not close until about eleven o’clock at night. Morris, although the votes cast for him by thirty-eight Quakers were rejected, because they would not take the oath, was elected by a large majority.

The indentures being sealed, the whole body of electors waited on the new representative, at his lodgings, with trumpets sounding and violins playing and then took leave of him.

The foregoing follows the account which appeared in the New York Weekly Journal, which was friendly to Morris. In the same number of this paper the only item of local news is the following, which we reproduce in fac-simile.

Thus the Black Horse Tavern had become the rallying place and rendezvous for the party of the people, and was, from this time, we have every reason to believe, the place where they continued to meet to concert on measures against prerogative and favoritism and against the arrogance and arbitrary acts of the governor and his supporters. These sentiments were not new to the people, but had been lying dormant, like smoldering embers, which needed only a slight agitation to fan them into a flame. Not since the time of Bellomont had there been so much bitterness displayed in party strife.

Since 1725, a newspaper had been printed in New York, but William Bradford, its printer, was in the pay of the government, and no item in opposition to the governor or his friends was to be found in its pages. In November, 1733, appeared the first number of the New York Weekly Journal, printed by John Peter Zenger, and devoted to the support of the party of the people, at the head of which were Lewis Morris and Rip Van Dam. It soon began to make itself felt. It was eagerly read, its sarcastic, reflections on the government, and its biting criticisms, furnishing a weekly entertainment to the public, which drove the governor and his friends almost to madness. Its effect was so keenly felt that it was resolved, in council, that Zenger’s papers, Nos. 7, 47, 48 and 49, and also two certain printed ballads, as containing many things tending to sedition and faction, to bring his majesty’s government into contempt, and to disturb the peace thereof, should be burned by the common hangman or whipper, and that the mayor and magistrates should attend the ceremony. This they refused to do and forbade the whipper, who was in the employ of the city, to obey the order. His place was supplied by a negro slave of the sheriff. Attempts were made to have Zenger indicted, but the grand jury refused to bring in a bill.

In November, 1734, Zenger was arrested and imprisoned, by order of the council, for printing seditious libels, and, for a time, was denied the use of pen, ink and paper. In January, 1735, the grand jury not having indicted him, the attorney-general filed an information against him. In the meantime he was editing his paper through a hole in the door of his cell. At the April term of court his counsel, James Alexander and William Smith, the two ablest lawyers of New York, filed exceptions to the legality of the commissions of the two judges. For this they were silenced, and John Chambers was appointed by the court counsel for Zenger

When the trial came on, in July, 1735, Andrew Hamilton, of Philadelphia, a lawyer of great reputation, who had been secretly engaged, unexpectedly appeared by the side of the prisoner. He was capable, eloquent and audacious, and, in conjunction with Chambers, managed the case with so much ability and skill that the jury, after being out only ten minutes, returned with a verdict of Not Guilty, which was received with shouts and cheers. The judges threatened the leaders of the tumult with imprisonment, when a son of Admiral Norris, who was also a son-in-law of Lewis Morris, declared himself the leader and invited a repetition of the cheers, which were instantly repeated. Andrew Hamilton was hailed as the champion of liberty. The corporation of New York shortly presented him with the freedom of the city in a gold box, “for his learned and generous defence of the rights of mankind and the liberty of the press.” Zenger was released from prison, after having been confined for more than eight months. After the trial was concluded, the enthusiasm and demonstrations of satisfaction centered at the Black Horse Tavern, where a splendid dinner was given to Andrew Hamilton in celebration of his great victory. At his departure, next day, “he was saluted with the great Guns of several Ships in the Harbour as a public Testimony of the glorious Defence he made in the Cause of Liberty in this Province.” Governeur Morris stated to Dr. John W. Francis his belief that “the trial of Zenger, in 1735, was the germ of American freedom – the morning star of that liberty which subsequently revolutionized America.” The Black Horse Tavern, therefore, if it was not the cradle of liberty, was certainly the nursery of those sentiments which ripened into the Declaration of Independence. No spot in New York is so closely identified with this victory for the rights of free speech and for the liberty of the press, as the site of the Black Horse Tavern, which is now occupied by an office building called Lord’s Court.

Lewis Morris at this time was in London, where he had gone to lay his grievances before the home government. His case came before the Committee of the Council in November, 1735, “when the Lords gave it as their opinion that the Governor’s Reasons for Removing him were not sufficient.” He was not, however, restored to the office of chief justice, but was appointed governor of New Jersey, where he had large interests, and where the people had long desired to have a government separate and distinct from New York.

Many writers have erroneously asserted that the Black Horse Tavern was the resort of the friends of the governor, where balls were given by the aristocratic members of society, and that Robert Todd was its landlord; but all that is necessary to clear up this mistake is to pay careful attention to the files of the two rival newspapers of that day, Bradford’s Gazette and Zenger’s Journal.

On Broad Street, near the corner of Dock Street (the present Pearl Street), Robert Todd, vintner, kept his house, which became, indeed, the favorite place for the balls and entertainments of the governor’s party, as was the Black Horse Tavern for the party of the people. On October 9, 1735, the governor was invited “to a very splendid entertainment provided for him at Mr. Todd’s in order to Congratulate his Excellency upon his safe Return from Albany, where he had been to renew the Treaty of Peace and Friendship with the Six Nations of Indians.” After dinner they drank the healths of the different members of the royal family and the health of his excellency and prosperity to his administration – “the music playing all the while.” “His Excellency was also pleased to Drink Prosperity to Trade, and at the same time, in a very obliging manner, assured the Gentlemen there, That if they could think of any Methods to Promote and Encourage the Trade and Welfare of this Province, he would heartily contribute every Thing in his Power thereto.” In the evening the house was illuminated.

Two days after this, on the 11th of October, the anniversary of the coronation was celebrated at the Fort, when the healths of the King and Queen and the other members of the royal family were drank under the discharge of cannon, “the two Independent Companies posted there, being under arms all the time.” In the evening the governor and his friends were entertained at the house of Mr. Freeman, which was handsomely illuminated. “The whole was concluded with Dancing and all the Demonstrations of Joy suitable to the Day.” Mr. Thomas Freeman was the son-in-law of Governor Cosby.

At the same time, at the Black Horse Tavern, the house of John DeHoneur, was made “a very handsome Entertainment in Honour of the Day for Rip Van Dam Esq. President of His Majesty’s Council. Matthias Norris Esq. Commander of His Majesty’s Ship, Tartar, and Capt. Compton, Commander of His Majesty’s Ship Seaforth.” Thus we see that the commanders of the two men-of-war lying in the harbor, honored with their presence and were honored by the party of the people at the Black Horse Tavern; and this accounts for the salutes given by the guns of the ships in the harbor to honor Andrew Hamilton on his departure from the city the previous August. “At Noon the Company met, and while the great Guns of his Majesty’s Ship Tartar were Firing they Drank the following Healths, the King, the Queen, the Prince, Duke and Royal Family, the Prince and Princess of Orange, the Glorious and immortal Memory of King William the third, Success to Coll. Morris, in his Undertaking, to the speedy Election of a new Assembly, Prosperity to the Corporation, my Lord Wiloughton, Duke of Dorset, Sir John Norris and General Compton, and then the Company Din’d, in the Evening the City was Illuminated, the Afternoon and Evening were spent with all the Joy and Dancing suitable to the Occasion.”

The account of the celebration of the anniversary of the coronation at the Fort is found in the New York Gazette, which makes no mention of the celebration at the Black Horse Tavern. The New York Weekly Journal gives an account of the celebration at the Black Horse Tavern, but makes no mention of any celebration at the Fort. In the same way, the account of the celebration of the birthday of the Prince of Wales, by the party of the people, is given by the New York Weekly Journal of January 26, 1736, as follows: