Page:The Green Bag (1889–1914), Volume 07.pdf/221

 194

had founded New Netherlands, and as such was of the class of whom the Leislerian party was chiefly composed. When the colony passed into the hands of the English in 1664, he became, from his knowledge of the English language, a most useful man in all official relations between the Dutch and the English, in whom Nicholl, the first Eng lish governor, placed the highest confidence. He was secretary of the province in 1673, was mayor of the city of New York under Gov. Dongan, and is said to have drawn up its first charter, now known as the Dongan Charter. He had been several times a member of the Governor's Council, and had shown great public spirit by supplying the colonial government with money from his own funds to meet emergencies. When Leisler usurped the government, Bayard commanded a regiment of militia in the city, and having the good sense to see that there was no ground whatever for Leisler's pretence that his taking possession of the government was necessary to secure the sovereignty of William and Mary in the Colony, had refused to join Leisler, who in consequence subjected him to a long and cruel imprison ment. Atwood no doubt saw, as clearly as any one, the far-reaching consequences that would follow the summary execution of such a man, and bent all his efforts to extort from him, if possible, the desired acknowl edgment. He instructed Weaver to direct the sheriff to tell Bayard, as coming from him, that unless he sent a petition in which he confessed his crime, he should have no reprieve, but would be hanged according to his sentence, and to tell him further that "the people of the town were very hot to have him executed," which the sheriff, who was in the Leislerian interest, not only did, but urged him to comply, saying that it would only be regarded under the circum stances as a forced confession to save his life, and that he, the sheriff, would always be a witness to the fact. Bayard's answer

was that it would be accusing himself to his own ruin, that of his family and of his pos terity, and that he would rather die ten deaths than do it. He consented, however, to send another petition, stating that if it were high treason to have signed the peti tion to the House of Commons, that he was ignorant of it, to which Nanfan replied that "he misliked this more than the former peti tion." The sheriff, to convince Bayard. of the imminency of his position, told him that efforts had been made to get Nanfan intoxi cated, so as to secure from him the death warrant, as had been done with LieutenantGovernor Slaughter in Leisler's case; that the sheriff had himself averted one of these attempts, but that there was every reason to fear that the death warrant would be pro cured in this way, and urged him strongly to make the acknowledgment to save his life. Bayard then sent for two clergymen of the city, and submitted to them the question if it would be safe for him, as a Christian, to falsely admit that he had been guilty of a crime that he had not committed, and upon their answering that it would not be, he be came immovable, declaring that he must submit to what Providence seemed to have ordained for him. More coercive measures were then resorted to. He was put in irons; all intercourse with him was interdicted, except by permission from the Lieutenant-Governor, and a guard of sol diers was placed over the prison. One of the clergymen went to Nanfan, and was allowed to send a message to Bayard to say that if he would, in general terms, confess his offense without admitting that he had been guilty of high treason, he would get a reprieve. He was also told by the sheriff that the mayor of the city and sev eral prominent citizens had interposed in his behalf, and he was permitted to write to them to continue their good offices, to which the mayor replied, advising him to comply with the request made to him as far as his conscience would allow him in connection