, the judges, instead of delivering their own opinion on this
branch of the prisoner's defence, referred it to the governor and
council, praying their opinion, whether that letter, "or any other
letters, or papers, in the packet from Whitehall, can be understood, or
interpreted, to be and contain any power or direction to Captain
Leisler, to take the government of this province upon himself, or that
the administration thereupon be holden good in law."
Of course the decision was against Leisler, and they were arraigned at
the bar of justice for the crime of high treason. On their refusal to
plead, they were condemned of high treason as mutes, and sentenced to
death. Joseph Dudley of New England, but at this time chief justice of
New York, gave it as his opinion that Leisler had no legal authority
whatever, while Sloughter wrote:
"Certainly, never greater villains lived; but I have resolved to wait
for the royal pleasure, if, by any other means than hanging, I can keep
the country quiet."
Jacob Leisler was tried and condemned early in May, 1691, while Charles
Stevens and Adelpha were hastening to New York. Charles, who had heard
something of the offence of Governor Leisler, and who, young as he was,
had come to realize that royalty yielded nothing to the republican
ideas, began to fear the worst. The acts of Leisler had the semblance
of popular government, and even the liberal William and Mary had their
dread of the people. Charles knew Sloughter by reputation as a
narrow-minded, bigoted knave, who would scruple at nothing which tended
to elevate him in the eyes of the aristocratic party, of which he was a
conspicuous devotee. Charles could offer but little consolation, and, as
he contemplated Adelpha's sad future, he asked himself:
"Has the wheel of fortune changed its revolutions, and is the sun which
has ever shone bright for Adelpha to be clouded? God forbid!"
Charles Stevens and Adelpha reached New York on the very day the
assembly was convened (May 14th, 1691) to determine the fate of Leisler
and Milborne.
It was evening, and when they entered the town and the once beautiful
home now despoiled, was dark and sad. The weeping mother met her
daughter at the door.
The character of the assembly was thoroughly royalist. It passed several
resolutions against Leisler, especially declaring his conduct at the
fort an act of rebellion, and on the 15th of May, the second day of
their session and the next after th
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