{"id":16189,"date":"2023-07-19T01:33:03","date_gmt":"2023-07-19T05:33:03","guid":{"rendered":"https:\/\/www.statutesandstories.com\/blog_html\/?p=16189"},"modified":"2023-07-19T15:50:25","modified_gmt":"2023-07-19T19:50:25","slug":"americas-founding-host-part-3","status":"publish","type":"post","link":"https:\/\/www.statutesandstories.com\/blog_html\/americas-founding-host-part-3\/","title":{"rendered":"America’s Founding Hosts – Simmons’ Tavern"},"content":{"rendered":"

America\u2019s Founding Hosts<\/strong><\/span><\/p>\n

The First Family of Hospitality (The Dalley\/Fraunces\/Simmons family)<\/strong><\/span><\/p>\n

\u00a0<\/em>Part 3 \u2013 Simmons\u2019 Tavern<\/strong><\/span><\/p>\n

Prior to the advent of electronic communications, big city taverns and inns played an important role distributing news and information similar to the internet today. Taverns also facilitated commerce, travel and democratic engagement in their capacity as public meeting spaces. Due to its prominent location directly across from Federal Hall in New York City, Simmons\u2019 Tavern became one of the most important locations in Manhattan when New York served as the nation\u2019s capital from 1785 to 1790.<\/p>\n

Located at 63 Wall Street on the northwest corner of Wall and Nassau Streets, Simmons’ Tavern was only doors away from Alexander Hamilton and other prominent members of the New York bar.[1]<\/a> This may help explain why the New York Manumission Society was established at Simmons’ Tavern in January of 1785. Other organizations which regularly held meetings at Simmons\u2019 Tavern included the trustees of Columbia College (formerly King\u2019s College), the New-York Society Library[2]<\/a>, the Society for Relief of Distressed Debtors, and a variety of other civic organizations. Simmons\u2019 Tavern also hosted governmental and court-related functions, including juries, grand juries, City committees and private arbitrations.<\/p>\n

New research reveals that Simmons\u2019 Tavern and Fraunces\u2019 Tavern in New York formed an inter-connected network with the City Tavern and Miss Dalley\u2019s boarding house in Philadelphia. It is thus not surprising that the proprietors of these patriotic businesses were in fact an extended family of siblings \u2013 the Dalley, Fraunces and Simmons families.<\/p>\n

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This post is the third in a multi-part series about the extended Dalley\/Fraunces\/Simmons family, who operated several of the most important boarding houses and taverns in the late 18th<\/sup> Century. America\u2019s Founding Hosts – Part 1<\/strong><\/a><\/span> discusses brother Gifford Dalley who was the doorkeeper to the 1st<\/sup>, 2nd<\/sup>, and 3rd<\/sup> Congress when he wasn\u2019t operating City Tavern, the Merchants\u2019 Coffee House or Dalley\u2019s Hotel in Philadelphia. Mary Dalley and her Philadelphia boarding house are discussed in Part 2<\/strong><\/span><\/a>.<\/p>\n

Sisters Catherine and Elizabeth operated famous taverns in New York. As discussed here in Part 3 <\/strong>Catherine Dalley married John Simmons, who operated Simmon\u2019s Tavern. Elizabeth Dalley married Samuel Fraunces, the proprietor of Fraunces\u2019 Tavern. Samuel Fraunces also served as the steward of President Washington\u2019s household in New York and Philadelphia. Fraunces\u2019 Tavern is discussed in Founding Hosts –<\/strong> Part 4<\/strong> (pending). Genealogical records of the Dalley\/Simmons\/Francis\/Fraunces family and as yet unanswered questions for future researchers will be discussed in Founding Hosts –<\/strong> Part 5 <\/strong>(pending).<\/p>\n

John Simmons and the Revolutionary War<\/em><\/p>\n

John Simmons\u2019 name first appears in newspaper advertisements circa 1770. He originally opened his tavern under the sign of Peter Warren, a famous British admiral.[3]<\/a> It is unclear how long Simmons marketed his tavern using Warren\u2019s name. Prior to the Revolutionary War Simmons\u2019 Tavern periodically hosted meetings of the \u201cCommon Council\u201d of the City of New York, the City\u2019s governing body consisting of the mayor and city aldermen. The minutes of the Common Council in the 1770s refer to John Simmons as an \u201cinnkeeper\u201d and \u201cinnholder,\u201d which were used interchangeably.[4]<\/a> As the City of New York reimbursed Simmons for the cost of \u201cliquor,\u201d it is clear that alcohol was served in his \u201chouse,\u201d even during grand jury proceedings.[5]<\/a><\/p>\n

Pictured below is Simmons ‘Tavern on Wall Street in 1784, as imagined by Henry Fenn, appearing in Harper\u2019s Magazine <\/em>in July, 1908<\/p>\n

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Pictured above is Wall Street in 1789, with Simmons’ Tavern visible between the First Presbyterian Church and the newly redesigned Federal Hall<\/p>\n

After the Revolutionary War Simmons\u2019 Tavern \u201cwitnessed the formalities which gave birth to the new American city of New York\u201d when James Duane was sworn in and installed as mayor at Simmons\u2019 Tavern in February of 1784.[6]<\/a> The tavern would continue operating for more than a decade after the Revolutionary War, including during formative periods in the history of New York and the new Federal government.<\/p>\n

Although John Simmons was born in England[7]<\/a>, in 1776 he briefly served in the American \u201c2d Regt. of the New York Troops Commanded by Colonel James Clinton\u201d, a private volunteer militia.[8]<\/a> Before the British captured New York City, John Simmons and his brother-in-law, Gifford Dalley, were given leave by the New York Provincial Congress to meet with Captain George Vandeput of the HMS Asia. <\/em>The British warship had fired its cannons \u201cdamaging the upper part of several houses\u201d in Manhattan on 23 August 1775.[9]<\/a> The skirmish occurred during the \u201cRaid on the Battery,\u201d New York\u2019s first military engagement of the Revolutionary War.[10]<\/a><\/p>\n

The New York Provincial Congress authorized the raid on Fort George on 22 August 1775, which recovered almost two dozen cannons from the \u201cGrand Battery\u201d at the southern tip of Manhattan.[11]<\/a> While details are sparse, it is reasonable to assume that Simmons and Dalley, the American representatives selected to meet with Captain Vandeput, were trusted members of the community. There is no doubt that the two brothers-in-law knew each other, as Catherine Dalley married John Simmons in 1758.[12]<\/a> It is unclear why Samuel Fraunces was not selected to meet with Vandeput, as Fraunces\u2019 Tavern was damaged by the British cannon fire.[13]<\/a> Interestingly, a young Alexander Hamilton is also connected to the event. Hamilton was a member of the raiding party which seized twenty-one cannons while under fire from the HMS Asia<\/em>.[14]<\/a><\/p>\n

A year later the British captured Manhattan in the Battle of Long Island.[15]<\/a> The British would hold the strategic port city from September of 1776 until Evacuation Day in November of 1783. During the British occupation of Manhattan, loyalists flooded into the city while those supporting the Revolutionary cause fled. Although there is no direct evidence when John Simmons and his family left New York City, \u201cindirect evidence makes clear that they must have fled when, or soon after, the British arrived and they did not return until the fighting was over.\u201d[16]<\/a> The Simmons family spent at least part of the war years in Philadelphia, which is further evidence of the close connections between the Simmons and Dalley families, which also relocated to Philadelphia.[17]<\/a><\/p>\n

Reopening of Simmons’ Tavern and City Hall after the War<\/em><\/p>\n

Pursuant to the Treaty of Paris which ended the Revolutionary War, the British departed New York City on 25 November 1783, celebrated for many years as \u201cEvacuation Day.\u201d It was said that General Washington attended an Evacuation Day banquet held at the Simmons\u2019 Tavern on the evening of November 25.[18]<\/a>Consistent with this claim, newspaper reports confirm that a committee of prominent New Yorkers met at Simmons’ Tavern on 19 November 1783 to plan security and the protocol to receive Governor George Clinton and General Washington. After triumphantly leading the victorious Continental troops parading down Broadway on Evacuation Day,[19]<\/a> Washington also dined at Fraunces\u2019 Tavern.[20]<\/a> Three months later James Duane was installed as New York City\u2019s first Mayor post-independence on 9 February 1784.[21]<\/a><\/p>\n

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After Mayor Duane was sworn into office, the New York City Common Council continued meeting at Simmons\u2019 Tavern through March 30, 1784, while City Hall was being repaired following the British occupation.[22]<\/a> It has been suggested that the tavern was selected as the temporary replacement for City Hall due to the popularity of its owner, who has been described as a \u201cfixture on Wall Street.\u201d[23]<\/a> The fact that Simmons\u2019 Tavern was conveniently located across the street from City Hall no doubt also played a role in its selection.<\/p>\n

By 1788, New York City contained 330 licensed taverns. Yet, Simmons\u2019 Tavern was \u201cone of the city\u2019s most popular establishments and its owner one of the city\u2019s most prominent tavern keepers.\u201d[24]<\/a> For example, John Simmons appears in Washington Irving\u2019s letters to James Brevoort.[25]<\/a> The minutes of the New York City Common Council provide abundant examples of meetings, hearings and related court functions held at Simmons\u2019 Tavern before and after the war.[26]<\/a><\/p>\n

The Common Council periodically held meetings at Simmons’ Tavern until the British captured New York City in 1776.[27]<\/a> Examples of official City meetings held at Simmons’ Tavern include jury proceedings inquiring into the death of Mary Murphy in August of 1773[28]<\/a> and committee meetings involving city water supplies, wells and pumps in 1775.[29]<\/a> Activity at Simmons\u2019 Tavern resumed after the War, beginning in February of 1784. City records reflect payments for \u201cpublic dinners\u201d to celebrate American Independence on July 4th<\/sup> and Evacuation Day on November 25th.[30]<\/a><\/p>\n

Alexander Hamilton and Simmons’ Tavern<\/em><\/p>\n

It is not unreasonable to ask whether Simmons\u2019 Tavern could be described as Alexander Hamilton\u2019s neighborhood tavern? According to the first New York street directory published in 1786, Hamilton resided at 57 Wall Street while Simmons\u2019 Tavern was located at 63 Wall Street.[31]<\/a> As far as can be determined, Hamilton never singled out Simmons\u2019 Tavern as his favorite watering hole. Nevertheless, there is no doubt that Hamilton regularly walked through its doors, as did other prominent New Yorkers.<\/p>\n

Rutgers v. Waddington<\/em> was arguably Alexander Hamilton’s most famous legal case. Hamilton\u2019s client, loyalist Joshua Waddington, was sued for rent accruing during the British occupation of New York City. Among other defenses, Hamilton claimed that Waddington had paid rent to the British authorities. Mayor Duane, one of the judges, delivered the Court\u2019s decision on August 17, 1784. Duane held that Waddington was only liable for rent during the period when the building was under civilian control (September 1778 to April 1780), but not when rent was paid under order of the British military command (May 1780 to March 1783). After the Court\u2019s decision a jury was required to calculate damages. The jury met in Simmons\u2019 Tavern, where it awarded less than 1\/10 of what Rutgers sought. Over his career, Hamilton argued more than 40 other \u201cTrespass Act\u201d cases, until the punitive law was repealed in 1787.[32]<\/a><\/p>\n

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Importantly, Rutgers<\/em> was an early case establishing the principle that state law is void if it conflicts with federal law (or a U.S. treaty). Hamilton successfully argued that New York\u2019s Trespass Act violated both the law of nations and the Treaty of Paris, which had been ratified by Congress. In so holding the Rutgers<\/em> case created an important state court precedent for judicial review. Hamilton advanced his same arguments from the Rutgers<\/em> case in Federalist <\/em>22 and 78. According to Hamilton, the \u201cinterpretation of the laws is the proper and peculiar province of the Courts\u201d and in the case of conflict \u201cthe Constitution ought to be preferred to the statute.\u201d [33]<\/a> In 1803 Chief Justice Marshall agreed in the seminal case of Marbury v. Madison<\/em>.<\/strong><\/p>\n

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Alexander Hamilton\u2019s \u201ccash book\u201d also illustrates his connection with Simmons\u2019 Tavern.[34]<\/a> \u00a0In 1785 Hamilton and Aaron Burr split the cost for a \u201creference\u201d held at Simmons\u2019 Tavern. While the term is no longer used today, a reference was a referral to private arbitrators (\u201creferees\u201d) ordered by a court, or mutually agreed by litigants. References were commonly held in Simmons\u2019 Tavern due to its location near City Hall.[35]<\/a> Creditor meetings for insolvent debtors and probate estates were also frequently held at Simmon\u2019s Tavern.[36]<\/a> In many respects, Simmons\u2019 Tavern served as an informal satellite courthouse. This helps explain why an ad in the New-York Morning Pos<\/em>t claimed that Simmons\u2019 Tavern was \u201cfrequented by Gentlemen of the law.\u201d[37]<\/a><\/p>\n

Perhaps the most consequential meeting held at Simmons\u2019 Tavern was the establishment of the New York Manumission Society on 25 January 1785.[38]<\/a> The Manumission Society met quarterly at Simmons\u2019 Tavern for many years, including in April of 1787, the month before the Constitutional Convention convened in Philadelphia.<\/p>\n

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New-York Packet<\/em>, 10 April 1787<\/figcaption><\/figure>\n

Other Meetings at Simmons’ Tavern<\/em><\/p>\n

Other civic and business meetings held at Simmons’ Tavern were decidedly more mundane. From 1784 until John Simmons’ death in 1795 an enormous variety of meetings took place at Simmons’ Tavern. Copied below, in no particular order, are a sample of newspaper advertisements and legal notices evidencing the activity at Simmons\u2019 Tavern:<\/p>\n