Page 44
History of Orange County
Town of Newburgh
Page 44
DANIEL NIVEN, Esq.—This gentleman, though not a resident of the village, was yet so near to it as to entitle him to a short notice. He emigrated from Ila, an island on the west coast of Scotland, and came to the city of New York about the year 1770. Patriotic in all his associations and a true lover of human freedom, early in the war, with other patriots, he volunteered his services to his adopted country, and was I actively engaged in various duties in and about the city of New York and in New Jersey.
Becoming acquainted with Washington, who soon saw the stern and determined character of the Young and active Scotchman, he received a commission as Lieutenant of Engineers in the regular army, and was much employed at West Point and other places along the river. We are informed he was instrumental with others, in drawing the plan of Fort Putnam at the time of its erection; superintended the floating of the great chain across the river—more particularly mentioned hereafter—and was at the Point at the time of Arnold’s treasonable attempt to surrender that post. A more particular description of his revolutionary services is hostile to our plan, and we leave them with this remark that on every occasion he rigidly executed his duty, and was equal to the trust confided in him.
After the war he came to Newburgh, and purchased the farm with milling privileges and erections from Mr. Belknap,—about two miles west of the village—where he lived and died.
This gentleman was a side Judge of the Common Pleas, and held the commission of Justice of the Peace, for many years. It was said of him that when a suitor came and asked process, he made it a part of official duty to learn the exact state of the case, and if there were merits in the application, his business was to effect a settlement of the matter without suit. If the parties, however, in despite of his kind offices, would still appeal to the law, he meted them the most rigid justice. This friendly and fatherly course of proceeding gained him the goodwill and confidence of his neighbors, and no one was more frequently chosen a referee or arbitrator to settle disputes than he. When he sat in his official capacity, order and decorum were exacted, and counsel expected to demean themselves respectfully towards the court, under the pains of commitment. Personal friendship never relaxed the rigor of the rule. Observant himself of order and respect he enforced them upon others. It was difficult to change his opinions when once fairly formed, and nothing but the clearest evidence or most forcible reasoning could do it; but when satisfied of error would yield to the force of truth.— Little laxity could grow up or thrive in personal or public affairs, where he had influence or power to check it. The rule with him, in jurisprudence and morals was the same, an observance of the law, and the whole law.
An illustration of this feature in his character may be gathered from an anecdote or two, which we recollect hearing when a boy. Morgan Lewis, afterwards Governor of the State, had been holding a circuit court at Goshen, which closed its session on Saturday night—and as he was under the necessity of returning home, or hastening to another circuit— had to travel on the Sabbath, which was contrary to the statute laws of the State. Phineas Bowman, Esq., who then resided at Newburgh, was with the Judge—a man as full of fun, frolic as ever dwelt in the county—under some pretence, while nearing the house of the Justice, left him and rode on before. He hastened to find Mr. Niven, and informed him that the Judge was coming in full breach of the Sabbath, and that he must stop and fine him. Bowman in the meantime, complained of himself, made his excuse therefor, and paid his fine. By this time the Judge was near the house—and the Justice went out, met him in the road, arrested him in his progress, informed him of his offence, and that he must pay the fine or be detained. The Judge stated his case to be one of necessity, justified his conduct and refused to pay. This was no sufficient excuse in the opinion of the Justice: escape was impossible without disgrace, and the Judge—to save himself from capture and detention till the next day—paid his fine and was permitted to proceed. This, however, was not the end of it; for the dignity of the Judge was violated—the State insulted in his person—and he proceeded homeward, breathing vengeance, in place of submitting to authority like a good citizen. If we are rightly informed, the Judge instituted a suit, to recover the penalty, on the ground that it was illegally exacted; but he failed in his attempt, and the Justice again triumphed over the Judge.
At a subsequent period, he also fined Gen James Clinton,
for a like violation of the Sabbath—who, equally dissatisfied with the Judge that the penalty was illegally exacted, brought a certiorari to the common pleas to reverse the Justice’s proceedings, and teach him a lesson, that laws of a mere moral character, were not to be enforced against the respectable and honorable in society. In this instance, the humble Justice triumphed over the aged warrior as easily as over the subtle jurist in the former case, and the General was taught the lesson that all men in this community were alike, in the all-seeing eye of the Law.
This was not a mere show of authority on the part of Mr. Niven, or played off by him on the parties for popular effect, and no one who knew the man—his temper and character— would for a moment suspect it. On his part, it was a conscientious fulfillment of the law he had sworn to execute he was known to fine his own son, with other boys, for a like violation of the Sabbath.
The times have changed somewhat in these matters, and men have changed with them; but whether for the better, the patriot, jurist, and moralist must determine for themselves. Mr. Niven had been educated in, and to the observerance of, a strict moral creed, and as an officer, endeavored to carry out his principles into wholesome and rigorous exercise, fully persuaded that it was for the public good. We are of opinion that the conduct and example of such men are most benign, wholesome and influential upon the public mind, and contribute to stay the downward course of vice and immorality, as obstructions in a stream impede and control its waters.