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V V - COLLECTIONS OF THE NEW-YORK HISTORICAL SOCIETY •f FOR THE YEAR 1826. 1 VOLUME IV. ■^^-i NEW. YORK: PKINTBD FOB THE SOCIETV, BY J. SErMOUM. 1826. i m t&- ^4^'.««P*yiiwi»'.) I I ! 'tn sjsi£fc-r;^,i%,„. ii'iii-'^ftiifr"a^^f«Hhi-''rfiiiiiii irwfrf r M^wf^'-'-yiaMtrL ■ natioD of Goreraor Clintn» ♦- 4V Danron 0»born u Governor * *''* ■PPointmentof Sir ' ' ■ • ■ - 151 to 162 CHAPTER IV. Prom the death of Sir Danvera Oahnm »„ .k Goyemor Delanoejr, . . "* . "' ^ *^' accession of Lieutenant CHAPTER V - 162 to 217 217 to 245 CHAPTER VI. From the absence of Sir Charimi h««j «nico, to (be second LuStonofl^-™/" expedition against Mar- Governor Delancey, T P "'' °^ *^ a-Jmimstratir i by Lieutenant ' ■ - - 245 to 284 CHAPTER VII. Hardy, - . . .*"' """"ff "e absence of Sir Charles - 284 to 308 If CONTINUATION or THE HISTORY OF NEW-YORK, CHAPTER 1. From Colonel Cathy's appointment to his death; and to iht appointment of Mr. Clarke as President of the Province, in 1736. Upon the death of Mr. Montgomorie, the province was committed to the care of Colonel William Cosby: he had formerly governed Minorca, and exposed him- self to reproaches in that island, which followed him across the Atlantic. It was by his order that the effects of one Coppodoville, a Catalan merchant, then residing at Lisbon, were seized at Port Mahon, in 1718, several months before the war of that year was declared against Spain; and he was charged with scandalous practices to secure the booty, by denying the right of appeal, and secreting the papers tending to detect the iniquity of the sentence, and enabling the proprietor to procure its reversal. He arrived here the 1st of August, 1732, and on the 1 0th spoke to the Assembly, who had met several days before, agreeably to an adjournment. After informing the House, that the delay of his voyage was owing to his desire of assisting the agents for defeating a bill brought into Parliament, partial to the sugar islands, he declared his confidence in their willingness to provide for the support of government, by settling a revenue as ample and permanent as in any former instance; urged their attention to the Indian com* merce, and promised his power and interest to ren- der them a happy and flourishing people. n ii w i , i . i| < i l.M. i|l!' .; f' lA''. l' !"!- '^ f. ' "' 2 ' - [Chap. I. The Assembly were more Uberal in the address with their thanks than their promises ; for they merely en'^a-'ed in general to contribute to the ease ot his administration, and therefore he repeats his request when they come before him to present it. From their dread of the success of the sugar act, thi-y did not hesitate about a revenue to support the government for six years ; nor to secure out of it, the payment of a salary of fifteen hundred and sixty pounds to the Governor, with the emoluments ol four hundred pounds per annum in fuel and candles tor the fort, and one hundred and fifty pounds for his voyage to Albany, besides a sum for presents to the Indians. But it wa- late in the session betore they voted any compensation for his assistance to the agents, and not till after the support bill had been passed. They then agreed only to present him mth the sum of seven undred and fifty pounds. 1 he go- vernor, who had intelligence of it, intimated his dis- eust, but in terms which, though it procured him an lugmentation of two hundred and fifty pounds more, lost him their esteem. He accosted Mr. Morris, one of the members, on this occasion, in terms expressing a contempt of the vote. " Damn them,' said he, « why did they not add, shillings and pence .? Do they think I came from England for money.? Ill make them know better." This year was the first of our public attention to the education of youth : provision was then made tor the first time to support a Free School, for teaching the Latin and Greek tongues, and the practical branches of the mathematics, under the care ot Mr. Alexander Malcolm of Aberdeen, the author ot a Treatise upon Book-keeping. The measure was pa- tronised by the Morris family, Mr. Alexander, and Mr. Smith, who presented a petition to the Assembly for that object ; such was the negligence ot the day, that an instructor could not find bread, from the vo- luntary contributions of the inhabitants, though our eastern neighbours had set us an example of erect- ing and endowing colleges early m the last century. ji. I Ljliifiwraftalii I ,. ii m m» ' V%P . n v*^ - [Chap. I. the address they merely ! ease of his 5 his request t. le sugar act, support the out of it, the d and sixty ments of four 1 candles for unds for his esents to the I before they :ance to the )ill had been lent him with ds. TheGo- lated his dis- cured him an pounds more, r. Morris, one ns expressing m," said he, nee ? Do they y? rU make c attention to then made for I, for teaching the practical le care of Mr. J author of a asure was pa- lexander, and the Assembly ice of the day, i, from the vo- lts, though our mple of erect- e last century. 17.32.] • 3 The bill for this school, drafted by Mr. Philipse the speaker, and brought in by Mr. Delancey, adminis- tered to some merriment. It had this singular pre- amble : " Whereas the youth of this colony are found, by manifold experience, to be not inferior in their natural geniuses to the youth of any other country in the world, therefore, be it enacted,'" &c. The opposition to the sugar act, which now en- grossed so much the public stttention, was unsuccess- ful. Mr. President Van Dam, the Council, and the Assembly, had all concurred in a petition against it to the King, while Mr. Cosby was in England. They represented the islands as aiming at a monopoly in- jurious both to the colony and the mother country : asserted that this colony took off more British wool- lens than all the islands together, except what was imported by Jamaica for the Spaniards ; that the act would reduce them to raise their own clothing ; that the provisions, horses, and lumber exported from this,, and the colonies of New-Jersey and Pennsylvania, brought returns from the foreign as well as British islands, in money, rum, sugar, molasses, cocoa, indigo, cotton, all which, except the rum and molasses, were either consumed here, or furnished remittances to Great Britain for her balance against us; and the specie sent from this colony alone, they conceived to be more than from all the British islands together, Jamaica only excepted : they denied that the British sugar islands could take off half the provisions raised by the three northern colonies aforementioned, or supply us with rum without lessening the exports of sugar. Nothing could be more importunate than their supplications for the King's protection against the West India project : and now the Assembfy de- voted one hundred and fifty pounds per annum, with fifty pounds more for disbursements, to any person whom certain merchants of London should nominate as their agent, to assist this colony in what they con- ceived to be threatening them with ruin; for they apprehended that all purchasers from ithe foreign 4 [Chap I. islands for our products, were to be totally prohibited —a design, however, not countenanced by the act. While Mr. Van Dam was in the chair, it became a guestion in Council, dn drawing the warrants for the rovernor's salary, whether the whole or only the moi- ety should be received by the President. The Assem- bly were consulted upon it, but declined an opinion. The Council then advised warrants to Mr. Van Dam for the whole salary, ^nd he received the money. Mr. Cosby came out with the King's order of the 31st of May, 1732, for the equal partition between himself and the President, of the salary and all perquisites and emoluments of government during his own ab- sence. Van Dam was contented, if the Governor would also divide with him the sums which came to his hands in England, for he confessed his own re- ceipts to amount to no more than one thousand nine hundred and seventy- five pounds, seven shillings and ten-pence, and insisted that the Governor's were six thousand four hundred and seven pounds, eighteen shillings and ten-pence. Colonel Cosby would not consent to this demand, and the President, who thought him his debtor, refused to tender him a far- thing, and demanded a balance. The Governor, to compel the payment and prevent any discount, was advised to proceed against Van Dam in the Exche- quer, for in a suit at common law he dreaded a set- off and the verdict of a jury, the President being a popular and reputable merchant. In Chancery no measures could be taken, for there the Governor pre- sided, and could not be an unexceptionable judge in his own cause. The Supreme Court exercised the ample authori- ties both of the King's Bench and Common Pleas, and its sittings, or terms, hud been fixed by ordinan- ces of the Governor with the advice of the Council. In certain instances, the Judges had proceeded ac- cording to course of the Exchequer, their commis- sions directing them " to make such rules and orders as may be found convenient and useful, as near as may be agreeable to the rqles and orders of our *i8ii' fl I liiimr' \u\itmi )iii">i>' HWM»W I>- ■> »* ■■ I I I r \ im K M ■ ■IIIJ IJII^I Jl« [Chap 1. ►rohibited the act. became a its for the y the moi- iie Assem- n opinion. Van Dam le money. afthe3l8t en himself (erquisites IS own ab- Governor :h came to lis own re- jsand nine illings and 's were six 3, eighteen would not dent, who him a far- jvernor, to count, was he Exche- ided a set- nt being a lancery no I'ernor pre- le judge in lie authori- non Pleas, >y ordinan- le Council, ceeded ac- ir commiS" and orders as near as ers of our J 732.] fi Courts of King's Bencli, Common Pleas, and Ex- chequer." Hence the hint for proceeding in Equity before the Judges of the Supreme Court, as Barons of the Ex- chequer, the majority o* whom, Messrs. Delancey and Philipse, were the Governor's intimate friends. In Mr. Morris, the Chief Justice, he had not equal con- fidence. As soon as Bradley, the Attorney General, brought a bill in this Court against Mr. Van Dam, the latter resolved to file a declaration at common law against Mr. Cosby, before the same J udges, for his moiety as money received by the Governor to his use, and re- quired his Excellency, by a letter of the 27th August, 1733, to give orders for entering his appearance at his suit. The Governor slighted his request, and Van Dam, by his counsel, moved the Judges in the subse- quent term of October, for their letter to his Excel- lency, similar to the practice of the Chancery where a peer of the realm is defendant. The Judges per- mitted him to file his declaration, but refused the letter, as unprecedented at law, and left him to choose the ordinary process. A summons was then offered to the Clerk of the Court for the seal, but he would not affix it to the writ. The Attorney General had in the mean time proceeded before the same Judges in Equity, to a commission of rebellion, and Van Dam found himself compelled to a defence. It is natural to imagine that Van Dam's hard and singular situation would excite pity, and that the po- pulace might be induced to redeem him from oppres- sion. He had early engaged Messrs. Alexander and Smith, two lawyers in high repr \tion, for his coun- sel. They took exception to the jurisdiction of the Court, and boldly engaged in support of the plea. But when judgment was given by the puisne Judges for overruling it, the Chief Justice opposed his breth- ren, in a very long argument in writing, in support of his opinion ; at which the Governor was much offend- ed, demanded a copy, and then the Judge, to prevent misrepresentation, committed it to the press. W •■ I' $ 6 [Chap. I. The exceptions were three :— Tljal the Supreme Court, which claimed this jurisdiction in ^.iuity,wa8 established by an ordinance of the late King George the First, and expired at his demise, and had not been re-established in the present reign :— That his pre- sent Majesty, by his commission to Governor Montgo- morie, uiider the Great Seal of Great Britain, having commanded him to execute all things in due manner, according to the powers granted by that commission, and the instructions therewith given by the 39th ar- ticle, of which he was required to grant commissions, with the advice of the Council, to persons fit to be Judges, and that he had commissioned Mr. Delancey and Mr. Philipse without such advice :— That they had no jurisdiction or authority to compel the de- fendant to appear upon oath, concerning the matters in the bill ; and there is no prescription, act of Parli- ament, nor act of Assembly, to establish any Supreme Court, nor to empower any Court or persons to hold cognizance of pleas in a Court of Equity, in or for this province. Mr. Cosby went to his government in Jersey very soon after the order for overruling the plea, which was the 9th April, 1733, in the presence of a crowded and exasperated audience; and upon his return in Au- gust, presented Mr. Delancey, at the Council Board, with a commission to be Chief Justice, and had issued another advancing Mr. Philipse to the second seat. The members present, besides Delancey, were Clark, Harison, Colden, and Kennedy, so that he could not form a Board for this step, there wantmg the necessary quorum of five competent members. He did not ask their opinion or advice on this un- guarded measure, which added fresh oil to the flame, already spread through the colony, and excited the fears of the multitude. The Assembly meeting soon after in autumn, Mr. Morris was chosen to represent the county of West- chester, in the place of a deceased member; but he did not present the indenture of his return till the [Chap. I. B Supreme ' juity, was I ng George d not been at his pre- Dr Montgo- ain, having le manner^ ommission, tie 39th ar- tntnissions, ns fit to be ■. Delancey -That they )el the de- ihe matters ct of Parli- ly Supreme ons to hold n or for this Fersey very )lea, which ' a crowded jturn in Au- ncil Board, t, and had the second incey, were so that he jre wanting t members, on this un- the flame, excited the lutumn, Mr. ity of West- ber ; but he turn till the 1733.] 7 last day of a short session, in which nothing of much moment was transacted. The Court (for all the province was already di- vided mto two parties) made an ineffectual opposi- tion to Mr. Morris's introducing his son Lewis into the Assembly, as the Burgess of the town of West- chester. One Forster, a schoolmaster, and appointed Clerk of the Court by Mr. Cosby, was set up against Mr Morris, and supported by Mr. Delancey and Mr. Fh.lipse, who canvassed against the old Judge, who offered himself to the county. The Quakers were all set aside by the Sheriff Cowper, who insisted upon an oath instead of the affirmation, to prove their treeholds ; a violence, however, which laid the foun- dation for a law in their favour, while it added, for the present, to the general discontent, already risen so high in the capitol, that their joy on Mr. Morris's next arrival there, was announced by the explosion of the cannon of the merchants' ships in the harbour and by the citizens meeting and conducting him with loud acclamations, to a public and splendid' entertainment. The arts, common in such ferments, were played ott by the leaders of the opposition. Zenger's Weekly Tin ^^^figaged in their service, and a great part filled with extracts from the spirited papirs of Irenchard, Gordon, and other writers on the popu- lar side ; while Bradford's Gazette was employ ed to defend the Governor and his party. In the course of the winter of 1734, two vessels arrived for provisions from Louisburgh, where such strong lortifications were erecting as excited the iea- lousy of all the northern colonies; and the circum- stance of their sounding the passage up from the Hook being discovered, an advantage was taken of It, and an affidavit taken to prove it, published in the papers. The odium fell on the Governor, as counte- rrthT^^l^ If "^" i^^l/^S?''"!. ^^^ P"*"* ^"'J colony to the French ; and Mr. Van Dam made this one of the articles of the charge of raal-administration, til" •I •VapHMfnqvwpp ■^•■■■•■If 8 [Chap. I. which he transmitted against him, though there did not appear the least ground for the imputation. At the parting of some company from Mr. Alexan- der's, late in the evening of the 1st February, an in- cendiary letter was picked up in the hall. It had been shoved under the outer door, and was instantly pronounced by Mr. Alexander to be the handwriting of Mr. Harison, then a member of the Council. It was in these words : — " To Mr. Alexander : « I am one who formerly was accounted a gen- tleman, but am n^w reduced to poverty, and have no victuals to eat ; and knowing you to be of a generous temper, desire you would comply with my request, which is, to let me have ten pistoles, to supply my ne- cessaries and carry me to my native country. This is a bold request, but I desire you would comply with it, or you and your family shall feel the effects of my displeasure. Unless you let me have them, I'll de- stroy you and your family by a stratagem which I have contrived. If that don't take the desired effect, I swear by God to poison all your tribe so surely, that you shan't know the perpetrator of the tragedy. I beg, for God's sake, that you would let me have the money, and hinder me from committing such a black deed. I know you can spare it, so desire you would let me have it. Saturday night, about 7 o'clock, leave it by the cellar door, wrapped up in a rag, and about an hour after, I will come and take it : put it on the ground just where I put the stick. If you don't leave ft, I advise you not to drink your beer nor eat your bread, if you value your life and healths, for by my soul, I will do what I've mentioned. If I find any watch to guard me in taking of it, I'll desist and not take it, but follow my intended scheme, and hinder you from acting any more on the stage of life. If you comply, I'll never molest you more ; but if not, I'll hazard my life in destroying yours, and continue what T am." ■i tl iiv tm i. > i < » M » i» »v.i ■' >-n m:' > i^v >' '■»* ' " [Chap. i. 1 there did ation. Ir. Alexan- larj, an iu- 11. It had )s instantly andwriting icil. It was nted a gen- nd have no a generous ly request, )ply my ne- itry. This omply with lects of my em, I'll de- ;m which I sired effect, ! so surely, he tragedy, tie have the ich a black you would :lock, leave ;, and about ut it on the don't leave lor eat your , for by my I find any sist and not and hinder 'life. If you t if not, I'll ntinue what 1734.] 9 ^IthV iP^'t''^ to disguise the hand, which Mr. bmith, Mr. Hamilton, Mr. Lurting the Mayor, all pro- nounced to be Mr. Harison's, it was conjectured ?hat nlf fT?!,"^*' *^ r^'^'^'H^ ^ ^^''^'^^^ prosecution, establish the precedent of convicting on the proof of a similitude of hands, and then, by counterfeiting the writing of one of the demagogues of the day, to br ng him to the gallows, while the Governor's friends w" rf to escape by pardon. It was therefore with great earnestness that Mr. A exander, under the influence of that susoicinn when cajed before theGrandJury,contendS their finding an indictment only upon such evitfence and with caution and reserve that he mentioned Mr Harison's name, as the Grand Jurors themselves after- wards certified They contented themselves wi?h a^ address to he Governor, acquainting him that they could not discover the author, being Ible to have thj evidence no higher than a resembllnce between the letter and his writing; that least a presentment or indictment by them upon such evidence, should prove fhiv E A ?T^''?u ^"*! "'"''*^^"* P«^««n "Pon the oath Thl I *^?; ??^^ ^"'^' "«' *^«"«« «nj individual. They besought him, nevertheless, to issJe a procla. Tu^CoTt XnT." ^' '^'^"^'' '^' ^^'^^^^ '^^ This matter was laid before the Council, and re- ferred to Messrs Harison, Van Horn, Ken&dy, dI lancey, Courtlandt, Lane, and Horsmanden, who, as a committee proceeded to make the necessary enqut Mr Oh r^ ^"^ ^ "^P^"*- ^' ^'' Alexanir 2nd Mr. Smith, who were summoned to attend there re- fused to appear, while Harison, the suspected aShor r^r «^^ committee, and Mr. Alexander, a member of the Board, left out, they proceeded only upon the thouXTh ^^ f' »/»"»<>" and Mr. Lur^tinfrand nn^rS J ^^ A^'''^^^ ^ proclamation, offering fifty pounds for f discovery, yet they reported it af their opinion, that Mr. Harison was entirely innocent of the infamous piece of viUany laid to his charge • that h^ was incapable of being guilty of so foul7deed ; iJd W m j^> [Chap. I. ♦hat the letter was a most wicked, scandalous, and Irtf .1 malicious, and evil-unnded' persons, to traduce and ilTfy h^^^ «f »" honourable member ot h 8 Ma /sty's Council of this provmce, and thereby render him odious and infamous to mankn.d Whe her the Governor was let into the design of the author of the letter, was never discovered; though Inle stre'b was laid upon words dropped by a man S«.teTthe family, who, conH..g home n. h.s cups In P^n the evening shortly before the letter was tound la^d ^scheme was executed to hang Alexander and Mth and Mrs. Cosby frequently, and without re- se" e ha" morie before ison had time ley had been 17J4.] 11 deceived, and on which account he had iustly ex- posed himself to ceiwurc on both sides of the water Add to this, the^t at the very time oliiiidinff the in- cendiary letter, Mr. Harison was under a prosecution tending to overwhelm him with disgrace : be had pro- Tw? T, **"*"*" ^9^ *'^'* hundred pounds in the name of Wheldon, against one Trusdel, who had been his servant. The defendant was reduced to great straits by the action, and complained to his creditor, who knowing nothmg of the prosecution- took Trusdel to be insane. When it was discovered that Mr. Harison had ordered the wr-i in October 1732, to gratify a Gyi"?^*"^ ^l'^ °'^".' ""*^ ^'^^^"^ any authority from Wheldon, he retained Mr. Alexander and Mr. Smith to avenge the poor man he had injured. The Grand Jury presented Harison, and Trusdel in a civil process was cast m the trial. It was afterwards published, and exhibited such proofs of the ingratitude, cruelty dissimulation, and injustice of Mr. Harison, that he soon after fled to England. I.Ja^ Attorney General, in tenderness to a man who, besides his place in Council, was Judge of the Vice Admiralty, Examiner in' Chancery, and Searcher of the Customs, neglected to put the presentment in fT- Av^^^^ subsequent Grand Juries complained ot this delinquency unnoticed, and the criminal kept his ground till 1735, when the fourth Grand Jury r?- solved he should be screened no longer, and pre- sented an indictment in form. ^ The political writers, by their industry and ad- dress captivated the minds of the populace, who now ascribed every thing they felt or feared, to the ma^ admmistration of their rulers. To undeceive and assuage them, Mr. Cosby convened the Assembly in v/a'h ^u f 'y^ being.secured for several frTM T^'- ^^' ^^^ "^ formidable apprehensions from Mr Morris's intrigues in the House ; and by his friends, Mr. Ddancey the new Chief Justice's father, Mr Phihpse the speaker, and his nephew, the second Judge, and their influence upon others, he hoped to bear down the opposition. His speech was a confes- ;* ;:'i f u "Illllpll 12 ♦ [Chap. I. Hion of the reality what the public invectives had as- serted. He admitted the decay of t/ade, which his adversaries had imputed to his misrule and the flight of the inhabitants, though he ascnbed it to their ne- glect of ship-building, and the employment of Ber- mudians as their carriers, and the want of inspectors to support the credit of flour, the mam staple of the colony*. He urged them to fortify the two cUies of New-Vork and Albany, accordina to plans he had proposed. He recommended a duty of tonnage on Foreign vessels, and a stamp duty upon law proceed- ings and conveyances; and computed that the un- certain produce of the latter should remain in their own Treasury, for future application He exclaimed against the importation of negroes* and convic b u?ged a provision for maintaining smiths and artifi- I cefs amoSg the Indians, to counteract the artiflces of •i the French ; and promised his concurrence in any law for the defence of the orovince, the encourage- i I ment of commerce, agrici^ture, and manufactures, the arts and the scienceR. . . The Assembly expressed their gratitude ,n very affectionate terms, and promised tTieir ^"ention to these objects. The Council, m concert with the Go- vemor's conciliatory schemes, sent down to the Lower House, a bill in favour of the Quakers within two days after a petition had been presented to the Assembly in theifbehalf. . The plans^f ,;^« »™^^^^^^^ for a horseshoe battery in New-York, a fort at Al- bany, and another at Schenectady, at the expense of neaJ eighteen thousand pounds, were communicated, and an act passed to ratse money, and promote our own navigation by a duty of tonnage. f»opular mo- Sons wirf also mide by'the court party : a bill was brought in to introduce the balloting of jurors. Judge PhiUpse complained of the exorbitancy of the fees of * A DoU-t« upon negroes, and a stamp duty, l'«i'>e J^S^'^reX*. »)iray» fond of those funa*. j»BIU l lBI.IM l W B Ul i Bt » '^mmm [Chap. 1. 18 had as- which his the aight their lic- it of Ber- nspectors pie of the 5 cities of 18 he had onnage on f proceed- at the un- lin in their exclaimed convicts ; and artifi- artifices of ice in any encourage- nufactures, de in very ttention to ith the Go- wn to the ters, within nted to the d estimates fort at Al- expense of imunicated, >romote our *opular mo- : a bill was rors. Judge if the fees of frequently urged he chair, renders ompting: he was 1734.} 13 officers and lawyers, and a b.ll was ordered for regu- lating them : Mr. Delancey moved another, for limU- ing the continuance of Assemblies, to which the House would consent, if the elections wore triennial. 1 he multitude, however, put no confidence in their appearances, and petitions were circulated to stimu- late their representatives to real services: two were preferred on the 28th May, one from the citizens of JVew-York, and another from the inhabitants in West- chester. A third soon after came up from Queens county; all urgi,^ a law to settle fees and courts, for preserving the liberties and properties of the people Irom arbitrary encroachments. "^ The aim of the opposition was to overturn the l.ourt of Exchequer ; and on the 31st May, they car- ried a resolve for hearing Messrs. Murray and Smith, two principal lawyers of different parties, upon that part of the petitions respecting Courts of Justice, for Ilo^se'* ^^ "^°" *^^ ^"^ *"'"' ^^'^^^^ before the The 7th of June was appointed for this unparlia- mentary condescension of the Assembly. The law- yers appeared there, not as counsel for the petition- ers, but assistants of the Legislature. The doors were thrown open to satisfy the general curiosity, and the orators admonished that the House expected their opmions candidly, sincerely, and upon honour. Mr. Murray, the senior counsel at the bar, beinff not prepared, Mr Smith began, and spent three hour! in that memorable speech which I have already ta- ken notice of. Mr. Murray was heard five days after- wards, and then both were dismissed, with thi thanks of the House^ The doctrine of the former was, that no Court of Equity could be erected in the colony by any act of the crown. The latter argued, thJthl four great Courts of Chancery, King's^Bench, Com! mon Pleas and Exchequer, were of original jurisdic- tion,and founded on immemorial usage! but conceiv- th«Mhf "/m"!*"** **H'*^- ^^ expressed his fears that the establishment of them by a new law, would .:tl f* m '^Mt j^ [Chap. r. raise doubts of our title to the rights antl privileges of Knjrlishmen; and therefore he thought it expedi- ent to go further than merely to regulate them, as had been done i England, by a law to estabhsh the tenure of the Judges' commisiiion durmg their good behaviour. , , . . i The Senators were eonfounded by the long argu- guments they had hiard, and requested copies tor the press, postponing any further measures until tht^ had taken the sentiments of their constituents. The advocates for Mr. Smith's opinion had no oros- pect of establishing the courts by a law of the co ony, but only of drawing the House into the quarrel be- tween the Governor and Mr. Van Dam ; for they fore- saw that he would put a negative upon any bill sent up for that purpose. It did not follow from his autho- rities, as some imagine, that no court could be open- ed and organised in the colony without the aid ot the Legislature; nor would the passing of an act lor that purpose, in the least degree shake our titles, as Mr. Murray asserted, to any other rights and privileges to which we are entitled by the common laws ol England. , , .. u Neither of these gentlemen, had the question been proposed by the House, would have denied that the colony was entitled, for instance, to a Court of King s Bench, nor that the law constituting the Judges ot it, sufficient for their exercise of all the powers oi the Court of King's Bench at Westminster, and so re- specting either of the other courts. . Mr Smith's law authority did not militate against such a court, because it would not be creating a new court; and if the crown had exceeded its authority in modelling it, by an ordinance or commission, though that act might be void, the right to such court would still exist, because it is not in the power of the crown to repeal an old law, and extinguish the rights and privileges of the subjects. Had the Governor appointed other Barons, all clamor against the le- gality of the Court of Exchequer must have ceased, and Mr. Van Dam's only advantage a change ot his i~- « i-i *— t j i»i*^ [Cliap. f. privileges It expeili- em, ns had tiblish the their good long nrgu- copies for 3 until they entB. ad no pros- the colony, quarrel be- r they forc- ny bill sent \ his autho- Id be open- e aid ot the act for that ties, as Mr. 1 privileges ion laws of estion been ied that the irt of Kind's fudges of it, iwers of the and so re- itate against lating a new its authority commission, B such court power of the sh the rights tie Governor ainat the le- have ceased, hange of his 1734.] U Judges, unless Mr. Delancey and Mr. Pliijipsc pre- ferred seats in the Exchequer Bench to the Bench of the Supreme Court. ^ But i.olhing was less the intonfi-M, of the , (intend- ing parties than a just and friendly j.ac-ification ; for, It ttie GovtMiior wished the decision of (lie control versy upon tair terms, what was more natural than to have proposed at his tirst coming, either an amiable suit at law. or the submission of it to independent and unbiassed lelerees, either here or in England. And the injurious project of seeking a mean advantage against his antagonist, can only be atoned for by the virtuous jealousy it excited, [n a Colony which de- rived many benefits from the troubles of the day As Mr. Smith's speech added many new proselytes to the opposition, the Governor grew alarmed, and, to counteract It, changed his distance and reproof into mean condescension to the people, the better to effect the new project of revenging fiimself upon the chief leaders by prosecutions at law. Persons of interior stations were invited to the Fort and dined a his table, some of ivhom signed an address ap- plajjding the mildness of his administration. The new Chief Justice, who had before laboured to indict Zenger, whose paper was the vehicle of in- vective and satire against the Governor, and his ad- herents, renewed his efforts in the term of October Sk^ a I k*?k7 ^^e^^^'-ta'" low ballads, which he charged to be libels : "Sometimes (says the Judged heavy, half-witted men get a knack of rhyming, but It 18 time to break them of it, when they grow abu- sive, insolent, and mischievous with it." The bal lads being presented, were ordered to be burnt bv the common whipper; and the inquest on their a£ dressing the Governor for a proclamation, offering a reward for a discovery of the author, received aera- C10U8 answer. ° The Council, about the same time, urged the As- sembly to a conference, for detecting thi writer of certain other hbels in Zenger's journal. Several met accordmgly with the Cfouncil Committee, who 18 [1731. were, Messrs. Claric, Harison, Golden, Livingston, Kennedy, Chief Justice Delancey, Courtlandt, Lane, and Horsmanden. The latter desired the concur- rence of the House in an address to the Governor, for the prosecution of the priftter, the detection of the author, and a proclamatioii stimulating the Ma- gistrates to greater exertions for the preservation of peace. The Assembly met, and ordered the papers to be kept by their Clerk, postponing the considera- tion of the matter to a further day ; and when that arrived, ordered the libels and proposal of the Coun- cil to lie on the table. Despairing of any aid from the Assembly, they re- demanded their papers, and converting themselves instantly into a Privy Council, made an order for burning the libels, and then directed the following entry in their minutes : « At a Council held at Fort George, in New- York, the 2d of November, 1734 : PRESENT, His Excellency William Cosby, Esq. Captain Gene- ral and Governor in Chief, &c. Mr. Clarke, Mr. Livingston, Mr. Courtlandt, Mr, Harison, Mr. Kennedy, Mr. Lane, ;«Dr. Coloen, Mr. Chief Justice, Mr. Horsmanden. " Whereas, by an order of this Board of this day, i^ome of John Peter Zenger's journals, entitled ' The New- York Weekly Journal, containing the freshest aidvices foreign and domestic,' Nos. 7, 47, 4U, 49, were ordered to be burnt by the hands of the com- fnon hangman or whipper, near the pillory in this city, on Wednesday the 6th inst. between the hours of eleven and twelve in the forenoon, as containing m them many things tending to sedition and faction, to bring his Majesty's government into contempt, and to disturb the peace thereof; and containing in them likewise not only reflections upon his Excel- lency the Governor in particular and the Legislature in general, but also upon the most considerable per- ^ . L ""r LfcB. i it,i-Lj i m i ^ **^ ' "' ■*■■■*■ ■ ■ — <— ■- ' ! 9 s^ mi f s*ti' M L i J » iniM !l nU >i mi igaiK I P jWxiM^iH n [1734. Livingston, tlandt, Lane, the concur- le Governor, detection of ting the Ma- eservation of id the papers le considera- id when that lOftheCoun- nbly, they re- g themselves an order for the following n New-York, /aptain Gene- fee. Courtlandt, Lane, , Horsmanden. :d of this day, entitled 'The ig the freshest 7, 47, 4», 49, is of the com- pillory in this een the hours , as containing on and faction, into conteinjpt, d containing in pon his Excel- the Legislature [isiderable per- 1734.] 17 sons in the most disting. shed stations in this Pro- vince. It is therefore ordered, that the Mayor and Magistrates of this city do attend at the burning of the several papers or journals aforesaid, numbered as above mentioned." When the Sheriff moved for the compliance of the Magistrates at the Quarter Sessions, the Court would not suffer the order to be entered, and the Aldermen offered a protest against it, as an arbitrary and ille- gal injunction. Harison, the Recorder, was present, • and put to a defiance for its justification. He men- tioned the example of the Lords in Sacheveral's case, and their proceedings against Bishop Burnet's pas- toral letter, and withdrew. They forbid even their whipper to obey it, and his place was supplied by a negro slave of the Sheriff's ; the Recorder, and a few dependants upon the Governor, honoring the solem- nity of executing this edict with their presence. Not many days after Zenger, in pursuance of a procla- inaiion, was seized, thrown into jail, and denied pen, ink and paper. His friends procured a habeas cor- pus for his enlargement. The exceptions to his re- turn was argued by his counsel, Messrs. Alexander and Smith. The prisoner swore, that, except the tools of his trade, he was not worth forty pounds in the world, and yet bail was exacted in the penalty of eight hun- dred pounds ; upon this he was enlarged, and being well supported, prosecuted his paper. Of the several bills before the House, which con- tmued sitting to the 28th November, the Governor was most solicitous for that regulating the militia, and another to emit bills of credit to the value of twelve thousand pounds. Both were carried, to the great joy of the court party. By the offices and distinc- tions which the former enabled the Governor to con- fer, and the influence to be gained by the latter, he was enabled to employ the lower classes in construct- ing the intended fortifications, and, of course; had 3 ''I m mn fi p iiqip 16 i^^^^l'' *' a prospect of dividing and weakening the torrent of opposition. Against the bill for emitting money, there was an instruction, requiring a clause to suspend its opera- tion till the royal pleasure could be known. It was expedient to the Governor's aims, that the Kind's com- mand should, nevertheless, be disobeyed, it being very naturally conjectured that, in a time of profound peace, a probationary law could not be very speedi- ly confirmed. To exculpate the Governor, Mr. Chiet Justice Delancey, after the bill was gone up to his Excellency, brought a copy of the royal prohibition to the Assembly, and requested a committee of their House to meet certain members of the Council, to form a joint address of both Houses importuning him to pass it. . ™ M- 1 Mr. Delancey the elder, Mr. Justice Philipse, and several others, met to execute the scheme that very evening, and the next day the address was reported, approved, and presented, but not without some op- position ; for the country party carried, at the same time, a motion requesting the Governor to dissolve that Assembly, to which his friends the more readily yielded, as his Excellency agreed to take the odium to himself of refusing their request, in return for their intercession to save him from the indignation ol the Exasperated at the menaces of the Governor, and their despair of prevailing upon the Assembly to check his designa, the demagogues formed the pro- iect of presenting an accusation against him to the King. The complaint was to be trusted to the su- perceded Chief Justice, but it was thought necessary that the design should be a secret till he was actually embarked ; for, without leave of absence, he would endanger his seat in the House. * The reader wUl find further instances of such artifices, naturally to \M expected when the Colony Legislatures are in league to promote the m^ terest of each other. .Ifcl i ljr ' t l l l l- ilt llli i I "ff " ii»..iii* [Chap. I. orrent of s was an ts opera- It was ng^s oom- it being profound y speedi- Mr. Chief up to his 'ohibition e of their ouncil, to uning him lipse, and that very reported, some op- the same o dissolve re readily the odium •n for their tion of the ernor, and isembly to i the pro- him to the to the su- t necessary ae actually I, he would es, naturally to promote the in- 1735.] H MmW I l. W ' H ' 't'lWJ ' — I Mr. Morris had a farm on the sea-coast of New- Jersey, for which Province he was of the Council, and where he someUmes resided, as well for the dis- charge of his office, as the care of a very opulent fortune m that Colony. Before the ship 4s Wdy lor the voyage, he asked leave to go home, and it was granted without forther explanation. He ;epai,.ed to Shrewsbury house, and made his dispositions without observation. From thence he took ship, nor, till his actual departure, was there any inquiry concerning the double construction of the prfmission he had obtained to authorize his absence from the House. 1 he Grand Jury of the term to which Zengcr was bound over, refusing to indict him, Mr. Bralley the Attorney General, proceeded against him by infor- mation, and his patrons, to puzzle the prosecutor, ventured to impeach the authority of his Judges. His counsel, in April term 1735, took oyer of their commissions, and signed and filed exceptions to them: 1st. To the tenure, which was will and pleasure, as contrary to the statute of William the tliird. Mly! th^.* Tl^^'n'^ o^ the same persons with the ai thority of the Common Pleas. 3dly. To the form, as not warranted by the common or statute law, or Lny thlt * r ^'***?r^- ^^^^y- ^'^ ^^^ ™t of eiidence that the Council concurred in the appointments. The Judges lo«t all temper at the tender of the exceptions, and desired the defendant's counsel to T?. u '".i?® consequences of their offer. They re- plied boldly, that tley had : Mr. Smith added, that he was so well satisfied of the rights of the subject to except to the commission of his Judges, if he thought It Illegal that he would stake hisVi upon the question, and desired to be heard upon tW selves "* ^^ *" support of the exceptions them- The matter was adjourned, and upon Mr. Smith's rZ7?^^^^ '?^*'^"' *?^ "^** ^^y O^th April), the Chief Justice, in great heat, said, « fte would neither allow nor hear the exceptions. You thought to have gained a great deal of popularity and applause by I f.this Su- said con- 1 William this Court, roll of the (tions went the Court, t they are el both de- , though all I then per- nction well Entry might R informed, ptions. Mr. ference. If 'endant will bill of ex- will be so Tning their said, they avoid that, the precedr ler counsel, ly inhibited answer was jm from act- i735.J 21 The defendant's case now wnr» « „« i complexion, for there were nHwT uV ^'°^"»3^ er„'di.i„„ ir,he ir." H :"Z"S,V"'^.«'» hfa ng groand safer to ^ilelf ofef fh' ""'' '"''; -e for hia c,ic„, and o^^^tlMZ a^TS' favourable issue. The press haH Yr i^ \f '* * preceding vacation, with'^e^ ^peSe?:; eo^!' *^^ tion, tending to animate alarm ;fr composi- the minds oTthe multhude anA K 7' ^^ ^^P^vate prive the defendant of tin -? «^'?t«gem to de- ^hich it was irSed 11 JT^-^ !?^ ^"^ ^^v of all proof to usUfv th. PK T *'[/''*' 'nadmissibility exhibit^hltoCp^uLt bvt' *''"^ ^''^1^' »»•* to and other meethl fon « -^ ^'^'^P'^^^^ consideringThelXm'^LEtfar^^^^^^^^ ^"^' f ctly into th^Ker ^r fhf rfeZ^^ ^1^" he drew some advantages from a sS inn. • ^'^ he could nearly conjecture, out of a panniT^^ ,""^^ ty-four men, which Li me twelve wof Id hi i^^''^ with his cause. ^"'° "® charged These preparations beinff made Mr ii u who had been secrptiv ..rJ? j ' ^'^^ HamiHon, on the day of tr a? as the rh^ '• ^'^T'^^'^ ^'^^^e\{ was of one of the Inns of r-"?'^" ^^ ''^^''t^ He of Philadelphia in hi^hL-^' ^" ''^^^^"' *^'"^«" had art, eloquei^ce" vilroitv^nnl'^ '* ^^" ^^'•- »« ^11 p i' f 22 [Chap. I. bashed, and which often goes far to persuade, that the matters charged as scandal were true, and there- fore no libels ; and indulged such a vein of ridicule against the law advanced by the Judges, that a libel was the more dangerous for its truth, that the igno- rant audience, iuSging from the superiority of he bar to the bench, in talents and assurance, held the Court in contempt, and thought the •"efusal of the Judges to permit evidence of the truth of the pub- lications, added to the tyranny and oppression of the ^^His debates with the Court were protracted, till he could turn with the greater address to the jury in the tone of complaint, and artfully convert the guilty nakedness of the cause of his client into a defence Having captivated their minds into a beliet that, it the scandals were true, Zenger was not cnminal, he recapitulated the passages in the journals supposed to have given umbrage to the Government, and for ridiculinl the uncertainty of Mr Attorney s muen- does. He made others with artful allusions to past events, which the auditors had read or heard and believed to be true; and when he left his client m those hands, such was the fraudful dextenty of the orator, and the severity of his invectives upon the Governor and his adherents, that the jury missing the true issue before them, they, as if tners of their rulers rather than Zenger, pronounced the crimmal innocent because they believed /^im to be gmlty. The instant the verdict was known, the impetuous acclamation shouted by the audience shook the Hall, and a mixture of amazement, terror, and wrath ap- ^ared in the bench. One of the Judges threatened Sn imprisonment of the leader in this tumult if he could be discovered. A threat unseasonably utter- ed, unless they had courage and ability to ?"*»*>» execution ; for it provoked a justification from Capt. Norris, a son of the knighted Admiral .of that name, and connected with Chief Justice Morris by the mar- riage of his daughter, who pertly declared, th|« uu- - zas^ were common in Westminster Hall, and were ^ijm i iiij i ), i i»|i i jn 'I' ijW. is jJ i! m.j. i igj,\ »i m(t* ' '>'»M* ^ u'. .' suade, that J, and there- I of ridicule that a libel lat the igno- ority of the ce, held the tfusal of the of the jpub- ession of the jtracted, till to the jury in ert tlie guilty a deience. relief that, if criminal, he als supposed nent, and for rney's inuen- sions to past 3r heard and his client in tterity of the ires upon the ry missing the riers of their 1 the criminal be guilty. the impetuous look the Hall, ind wrath ap- ;es threatened 3 tumult if he sonably utter- y to put it in ion from Capt. of that name, ris by the mar- aired,thf»^ u"- all, and "were 23 venr loud in the acquittal of the seven Bishops. The Judges had no time for a repl^, for the shouts were in- stantly repeated, and Mr.Hamilton was conducted from the Hall by the crowd to a splendid entertainment. The whole city renewed the compliment at his de- parture the next day ; he entered the barge under a salute of cannon, and the Corporation presented him with the freedom of the city in a gold box, on which its arms were engraved, encircled with the words, « Demersae leges— time facta libertas— heec tandem emergunt ;" in a flying garter within, " Non nummis, virtute paratur," and on the other front, « Ita cuique eveniat ut de respublica meruit." As it happens on such occasions as these, the scrib- blers of the day grew more wanton than ever, and a low printer, dandled upon the knee of popular ap- plause, gave into prodigalities, which contributed to his mdolence, and ended, as the ferment subsided, in the ruin of his family. The contending parties now left no stone unturn- ed to gratify their revenge. The English patentees of the " Oblong," by Mr. Dunbar their agent, who con- nected himself with Mr. Cosby, and was stimulated by Hanson, urged measures in the Court of Chance- ry agamst the New- York patentees. Alexander and Smith were interested under the last grant, and ex- cepted to Cosby's exercise of the Chancellor's au- thority, which the Governor overruled. I have else- where observed, that the Assemblies were jealous of this Court in the hands of a Governor. The Colony Grantees, therefore, hoped to excite the present mem- bers to renew the attack, ana with that v jw, remon- strated against the proceedings as soon as the House met m autumn ; nor did Zenger's counsel omit to lay before them a complaint against the Judges, for de- priving them of their practice. They were heard by the committee of grievances on the 23d October, a copy of the complaint ordered to be served on the Judges, and an answer required in forty days. The citizens, also, by a petition, suggesting that the lono- session of the Assembly was a grievance, urged a w n wm m i yw ii n i 24 new attempt for a dissolution, which the Governor again refused, though the members unanimously ask' ed his consent. They then resolved, that the Court of Chancery under the exercise of a Governor, with- out consent of the General Assembly, is contrary to law, unwarrantable, and oii dangerous consequence to the liberties and properties of the people. The opposition now tukit)g courage, informed the House, by a petition from Queen's County, that the long continuance of the Assembly occasioned a de- cay of trade and a depreciation of lands, which so highly incensed the majority as to occasion a vote, that the charge was an unjust and audacious misre- presentation. Zenger's counsel, about the same time, insinuated that the distant day assigned for the answer of the Judges with their complaints was an illusion of that justice they had a right to expect. Disgusted by this freedom, the members resolved that it should not ever be read, and the very next day adjourned, with the Governor's consent, to the latter end of March. It was a parting for ever, for Mr. Cosby died on the 10th of that month,* and as the reader may sup- pose, almost universally detested ; for, besides the aforementioned instances of imprudence into which he was willingly led by the men of his confidence, he increased the immber of his enemies by destroying certain deeds to the City of Albany, and a project he had formed for a re-survey of the old patents on Long Island. The Mohawks sagaciously dreading the rapid progress of population, had conveyed a very valuable part of their territory to the Corpora- tion, to take effect upon the total dissolution of their tribe. It was produced to convince the Governor of the injustice of granting it to private patentees ; but after the perusal of it, which he perfidiously request- ed for his satisfaction, he threw it into the fire, and it was instantly consumed. lOih March, 1730. [Chap. I. e Governor imously ask- at the Court ernor, with- contrary to consequence ople. nformed the nty, that the sioncd a de- ls, which so %sion a vote, icious misre- it the same igned for the laints was an it to expect. »ers resolved the very next nsent, to the osby died on der may sup- besides the le into which onfidence, he jy destroying a project he patents on jsly dreading conveyed a the Corpora- ution of their Governor of itentees; but (usly request- le fire, and it 25 His design against (he people of Long Island origi- nated from the same motive : he hoped to enrich him- self by the acquisition of lands already improved, as well as by fees for the new grants. It cannot be denied, that our old grants and patents are very inaccurately penned, nor that, in some in- stances, the proprietors have taken advantages of the description of their limits by marked trees, Indian names of places, and other uncertain boundaries, to extend their possessions too far ; and certauily, if they were confined to the true object of their grants, they would have no just cause of complaint : but a re- survey for this purpose cannot be executed without difficulty and danger, nor attempted without spread- ing universal discontent. Though a second patent wul not convey what was comprehended in the first grant, yet a wise and generous ruler will perceive that the small emolument, which he may add to his quit- rents, is overbalanced by ^ue irmumerable mischiefs flowing from the increase of animosities and the mul- tiplication of law-suits, and find himself (if his inten- tions are upright) not a little embarrassed in the con- struction of the ancient grants of the country, most of which are derived from the Duke of York, when a subject. At that early day the great object was to gain a dominion over these vast deserts, by joining occupancy to discovery, for the eflfectual exclusion of any other European power. To accomplish that end, grants were penned with all the negligence of libe- rality, and the giver being benefited more by his seem- ing bounty, than the adventurous grantee, who could not, even after acquiring his title from the Duke and the Crown, cultivate the soil in safety, without buy- ing peace from the Savages, and that as often as they were pleased to renew their claims. To this the modern interpreter of the old grants, if he will guard against error or injustice, must necessarily attend. But who could confide in a Governor, stimulated to the measure, not so much by a regard to the interests of his master, as his own avarice. Long Island, at that time, comprehended a third part of the improved 4 26 [Chap. 1. lands of the Colony, and no man knowing whether his best improved possessions might not fall beyond the lines assigned lor his tract, the inhabitants were almost utiiversallv alarmed, and were as suspicious of the Governor ana his re-survey, as the patricians of Rome were formerly of the Gracchi ana their agra- rian laws. But no representation, repugnant to his avarice, had any influence upon Mr. Cosby. The weakness of his understanding rendered him reprehensible even to fear. In answer to the great objection, that a cer- tain doctrine was against law, he sillily replied, " how, gentlemen, do you think I mind that : alas ! I have a great interest in England." It is some extenuation of his faults, that he was the dupe of others; and au apology for Mr. Delancey, his chief minister, that tc was then a young man, ill read in a profession, which he took up without aid, and, by his education abroad, was little acquainted with the affairs of the Colony. Mr. Cosby's remains were buried in the Chapel within the walls of the Fort, in which he died. His widow repaired to England aAer one of her daugh- ters, advantageously connected with Lord Augustus Fitzroy, son to the Duke of G ration. The match was clandestinely brought about by vho intrigues of Mrs. Cosby, Lord Augustus being then on his travels through the provinces ; and to blmd his relations and secure the Governor from the wrath of his father, then a favourite of King George the Second, a mock prosecution was instituted agamst Campbell the par- son, who had scaled the Fort walls and solemnized the nuptials, without a written license from the Go- vernor, or any publication of the banns, contrary to usage, though not against the law of the Colony. The exultation of the populace occasioned by Mr. Cosby 's death, and the expectation that Mr. Van Dam was again to take the helqi, was excessive, for they had despaired of any success from Mr. Morris's complaints; news arriving in February, that the Loras of the committee, after hearing counsel against the Governor, had, on the 7th of November before, '''*e«;?A * j'W>aiji ' » * i( i »-vm ' j^ 08by sent bim to watch and oppose the attempts of Col. Morris, and that the Governor's ueath plunged him into poverty and prevented his return. Me did not long survive that event. ^'1 11 111 30 [Chap. in some measure be able to judge. But, however, as a Christian I shall be obliged, in that case, to join in the clerk's prayer, and say, God send you a good deli- verance. These hints were formidable, because the rage of the multitude was so exasperated, and their confi- dence in the demagogues so absolute, that the latter had only to advise Van Dam to appoint Judges to ac- complish the tragedy of cutting on the Commander- in-chief, who actually called into the Fort all the of- ficers and soldiers of the independent companies, for his protection against the expected horrors of the ap- proaching day for qualifying the magistrates of the metropolis. During these agitations Mr. Morris, whose arrival at Boston was not known here till the 18th September, was impatiently expected, and the rather because he had only given his adherents liberty to think favourably of his restoration. He did not reach Morrisania till the 7th October. He was met the day after by a vast concourse, and conducted with loud acclamations to a meeting of the chiefs of the party. Having learnt to what extremes the contests were advanced, and being importuned for his advice, he replied with a grave tone, " If you don't hang them, they will hang you" — and the evening was spent, after dispersing money from the windows of the house to the rabble in the streets, with a tempes- tuous festivity and joy. He declared it as his own opinion, that Van Dam had a right to the administra- tion ; that he was willing to execute the office of Chief Justice under him ; that the Assembly was dissolved, and that force ought to be opposed to force, if Clarke insisted upon his authority. The Assembly was convened on the 12th, and Mr. Morris, the next day, obtained their leave to visit New-Jersey, where he said the public service re- quired his presence. Van Dam's m-igistrates had re- solved to act the next day, and resolutions were ta- ken to support them by violence ; but fortunately for 'joth parties, within twenty-four hours of the erup- ' . * t'g.'l ' -ft ' V ' W!^»i:- '< .>'>J y v ~ '■"•wsswpwir- '•m'^tm^Hmmtmrimmmm [Chap, h it, however, as :ase, to join in 'ou a good deli' se the rage of d their confi- that the latter t Judges to ac- B Commander- Fort all the of- companies, for rrors of the ap* istrates of the .Morris, whose e till the 18th and the rather ents liberty to s did not reach J was met the londucted with e chiefs of the es the contests for his advice, ou donH hang ; evening was the windows of with a tempes- 1 it as his own the administra- 5 office of Chief r was dissolved, force, if Clarke 5 12th, and Mr. ' leave to visit ►lie service re- jistrates had re- utions were ta- t fortunately for rs of the erup- 1736.J ai tion of the meditated civil war, the brigantine En- deavour arrived from England, with despatches from the government to Mr. Clarke, as President and Com- mander-in-chief of the Province, enclosing an in- struction altering the prayers for the Royal Family, upon the marriage of the Prince and Princess of From that moment his opposers became mute and abashed, and his officers were sworn in and obeyed. Mr Morns was publicly charged with the knowledge ot this act of government, ft was asserted, that his son, Kobert, who accompanied him, had revealed it at Boston, declaring, that Mr. Clarke would receive the instruction by a vessel which had already arriv- ed ; and to confirm the accusation, it was observed, that It bore date the 1st July, several weeks before he embarked. But his friends treated it as a calum- ny, not only because so base a concealment was in- consistent with his character and his own positive iTfi w i!- ""'^^ -^^. ^^^^^y «^ ^'' ««"' Lewis, and Ashfield, his son-m-law, who had rendered them- selves very obnoxious in supporting Mr. Van Dam. , , iVIr. Clarke delivered his first speech to the Assem- bly in the calm of the so much cfreaded 14th of Oc- tober. He challenged their promise to his prede- cessor for supplying the deficiency of the revenue and repeated his instances for the encouragement of shipbuilding persuaded to the cultivation of hemp finishmff the fortifications, erecting a new fort at the head of the Mohawk river, and the settlements of femiths in the Seneca country; and to humor the clamors within doors, he consented to introduce the practice, which has ever since prevailed, of absent- ing himself from the Council, when they sit as a branch of the Legislature. During the session, his hands were strengthened vJrnn. T^^""^"* '^''' ^^^ ^^°^ ^^ Lieutenant Go- vernor. The commission was dated the 30th July and published here on the 30th October; but ye nothing of any considerable moment was transacted, and after an address to congratulate the King on the I ^: M^- 32 ' [Chap. I. marriage of the Prince of Wales, and the passing of a few common bills, he put an end to a peaceful, in- active session, by a prorogation on the 7th ot JNo- ^^He^met them again in April, and earnestly urged the payment of the arrears due to the public credi- tors, occasioned by the defect of the.r 'unds and a new act for supporting the government, the other be- ing nearly expired. But little could be expected from an Assembly fearful of their constituents, and consisting of a respectable minority intent upon a dissolution. Hence their consent to a motion ot Mr. Morris, junior's, for leave to bring in a bill tor trien- nial elections and the exclusion of Crown officers. Mr. Clarke soon discovered, that his Assembly was grown dastardly, that the debts of the Colony amount- Id to near nine thousand pounds, and that they meant to postpone the payment to prolong their own ex- istence! He artfully made his court to the collective body, by a speech to the House in terms of real or affected^ disgust, charging them with a neglect of the interests both of the Crown and Colony, and then dissolved an Assembly elected in 1728, of whom their constituents were tired, as he suggested in his ^"^TheLieutenantGovemorwas an Englishman. His uncle, Mr. Blaithwait, procured the Secretary s place ?or him, and sent him out with it early m the reign of Que^n Anne. He had genius, but no other than a common writing-school education ; no"" .^id he add to bis stock by reading, for he was more intent upon mproving his7ortune than his mind. He was sensi- ble artful, active, cautious ; had a perfect command of his temper, and was, in his address, specious and civil. Nor was any man better acquainted with the Colony and its aflflirs. As a Crown officer, he was careful not to lose the- favour of any Governor, and still more assiduous to please when he became the second at the Council Board. He shared a part ol ?he odium which fell upon Mr. Cosby but escaped much more of it by a closer attachment than before to ■ ' |te l >^'^,J. ' il l ff*J»'»m'-J-"'»WW^'^* [Chap. I. > passing of teaceful, in- 7th of No- lestly urged jblic credi- mids, and a he other be- te expected ituents, and tent upon a lotionofMr. (ill for trien- )wn officers, isembly was ony amount- t they meant eir own ex- tie collective 16 of real or eglect of the ly, and then 18, of whom rested in his lishman. His •etary's place in the reign 10 other than )r did he add e intent upon rle was sensi- ect command specious and nted with the [ficer, he was lovernor, and ; became the ired a part of but escaped than before to 3:j his rural villa on the edge of Hempstead plains, and left it to Mr. Delancey to enjoy the praise or blame of being the Sejanus of that Governor. The public confusions contributed to the gratification of his Avishes. Dreading Van Dam's power, his fellow- counsellors easily concurred in persuading Cosby to suspend him, and the anarchy which instantly ensued upon that Governor's decease, and his own represen- tations, left the ministry no time to think of any other person for the place of Lieutenant Governor. No- thing now alarmed him but the arrival of a Governor in chief. Lord Delaware had early engati ' the pro- mise of the Minister; but apeerof ih« < Jm was only to be induced to accept so humiliating a station by the prospect of a speedy repair of his finances, and Mr. Clarke knew how to improve a disnosition so favor- able to his own ends. His Lordship declared, that Mr. Clarke's letters concerning the Colony were per- plexed and discouraging. Those who were ac- quainted with Mr. Clarke, knew that if he wrote obscurely upon such a subject, it must have been with design. The country party found no difficulty in securing a majority at the election. The citizens chose Mr. Alexander of the Council for one of their represen- tatives. The House met about midsummer 1737, and Mr. Morris, junior, was placed in the chair. Mr. Clarke had paved the way towards a reconci- liation by the dissolution, and, as he had shaken the attachment of his old friends, perceived a necessity for caution in the management of the heated patriots of the new House ; for, till they had time to offend, he could hope for nothing by another dissolution.— His speech, according to the exigency of the day, was a short one, and asked nothing. He had dissolved the late House, as he suggested, in tenderness to the King's honor and the true in- terest of the Colony, and was happy to find the peo- ple had answered his wishes in so proper a choice of new members. He intended to meet the Chiefs of the confederate Indian cantons to obstruct • the 5 I 34 [Chap. I sale to the French of a tract in the territory of the Seneca tribe, called Irondequot, on the south side oj Lake Ontario, convenient for erectnig a commercial magazine, that might be injurious to ours at Oswego ; and all he had to recommend, was their aid in per- fecting the harmony already begun, in which he pro- mised his assistance. ,. w j „„ They thanked him for the dissolution, and ap- plauded his sagacity; wished him a good voyage to Albany, and lioped their next meeting would have consequences answerable to its end. They sat only two days ; but entered on their jour- nals as resolved in future to publish the names ot the voters for and against any question ; and gave leave to their speaker, which is singular, to bring in a va- riety of bills: one to regulate elections; another tor frequent elections ; and others for appointing an agent in Great Britain, independent of the Governor; tor lowering the interest of money, and for regulating and establishing fees. Mr. Alexander, immediately after, was permitted to offer others, to encourage the im- portation of whites and servants ; the manufacture ot Iron and hemp; and the preventing of frauds in flour and other products intended for exportation. 1 hese acts had the designed effect upon the vulgar, and were applauded as indisputable testimonials ot the patriotism of their leaders. Mr. Clarke went to Albany, and had a coiiterence with the Indians, but was not able to accomplish his designs. Irondequot is a vale of an excellent soil ; and he was desirous of purchasing it from the Indians, not only to defeat the intentions of the F rench, but to promote settlements there, for the easier subsist- ence of the garrison and traders at Oswego. But he estabhshed an interpreter, a gunsmith, and three others among the Senecas, to watch and circumvent the intrigues of the French, and prevailed upon the tribes to prohibit any buildings in their canton. He was wpU apprised that the next meeting ot the Assembly would call for the utmost exertion of his abilities. Cosby's antagonists, to protect themselves, -— ■ tiiiafa. j#iSftw.yt-.>!M "- t.w"!''^--^ »'^^^^" [Chap. I m^mmm •ritory of the south side of I commercial 9 at Oswego ; ir aid \i\ per- vhich he pro- lion, and ap- (od voyage to g would have on their jour- ? names of the id gave leave bring in a va- 5 ; another for nting an agent Giovernor; for regulating and lediately after, )urage the im- nanufacture of ■ frauds in flour tation. These tie vulgar, and monials of the \ a conference accomplish his excellent soil ; om the Indians, he French, but easier subsist- swego. But he nth, and three and circumvent (tailed upon the eir canton, t meeting of the exertion of his tect themselves, ia had taught lessons to the multitude, now to be carried into practice, if they would escape the contempt they had brought upon the members of the last House. The Council, on the other haml, headed the re- mains of the Cosbyan party, and were not a little dis- gusted at the late dissolution, which had completed the triumph of their adversaries. Both parties were distrustful of the Lieutenant Governor, and upon the watch to engage him in their interests. . > He had to curb the intemperate zeal of the Assem- bly, to quiet the Council, and prevent the resentment of the crown. But there was danger in humoring the Council ; for an unmanageable Assembly prompts to suspicions of incapacity, and would either be fol- lowed with a loss of his office, or the speedy arrival of a Governor in Chief: add to this, that new supplies were necessary for the discharge of public debts, and the support of the government in future ; and that the leaders of the two contending branches of the Legis- lature were men animated by a spirit of revenge — Mr. Chief Justice Delancey swaying the councils of the Upper House, while Colonel Morris his prede- cessor, his son Lewis, the speaker, and Mr. Alexan- der, undoubtedly had the confidence of the Assembly. The Governor's interest induced him to- take a middle path ; and by his art and prudence, a long, active session, from the 23d August to the 1 6th De- cember, terminated in peace, which the turbulency of the late administration rendered doubly agreeable. He opened the session with a conciliatory speech; applauded the proofs left upon their journals, in April, of their attention to the state of the colony ; tenderly reminded them, that the cr<»vn's right of dis- allowing the colony laws, rendered it useless to press him to meflectual concurrences; touched upon the deficiency of the funds ; commended their loyalty, and asked for a revenue ; intimated his anxiety for the support of Oswego, and the extent of the Indian commerce, which were great objects ; and promised his assent to all bills that M'ould advance the welfare of the colony. m [Cliap. I. ;'!'¥> i The address, unusually copious, bold, and coarse, geizes his compliments as promises, which they mean to put to the trial ; stigmatizes the last Assembly as betra'yers of the rights of the people, by detestable submissions to prolong their political life : after which they argue with some earnestness upon the propriety of frequent and uninfluenced elections ; the utility of an agent in Great Britain dependent only upon the House; the propriety of establishing courts, and especially Courts of Equity, and the fees of officers, by Legislative acts, instead of ordinances. They \ ro- ceedcd then to obviate the ordinary objections drawn from the prerogative, and a due obedience to the royal instru; tions. They imputed the -deficiency of the revenue lo prodigality ; impeach their predeces- sors-in granting permanent funds, and tax the receiv- ers with ingratitude; roundly assure him that they mean to discontinue that practice ; " for," to use their words, " you are not to expect that we either will raise sums unfit to be raised, or put what we shall raise into the power of a Governor to misapply, if we can prevent it ; nor shall we make up any other de- ficiencies than what we conceive are fit and just to be paid, or continue what support or revenue we shall rdiise, for any longer time than one year; nor do we think it convenient to do even that, until such laws are passed as we conceive necessary for the safety of the inhabitants of this colony, who have re- posed a trust in us, for that only purpose, and whicli we are sure you will think it reasonable we should act agreeably to; and, by the grace of God, we will endeavour net to deceive them." In honor to them- selves, they compliment him for his neglecting to in- fluence the late elections, and take it as a pledge of his good conduct in future. Throughout the whole, they ^re cautious to promise him nothing, but a vigi- lance for the public interest ; and when they thank him for his promises, they impute them to a con- sciousness that they are not favors, but duties ; and if he performs them, they will then consider him as fulfilling the commands and copying the example of ^•■W!»>iM"i-M."" ' " — ~"~ [Cliap. I. I, and coarse, ch they mean t Assembly as by detestable e : after which the propriety ; the utility of only upon the r courts, and ;e8 of officers, es. They \ ro- iections drawn dience to the ! -deficiency of heir predeces- tas the receiv- him that they r," to use their we either will what we shall nisappl /, if we » any other de- fit and just to )r revenue we B year; nor do hat, until such pessary for the , who have re- ose, and whicli ible we should •f God, we will honor to them- eglecting to in- ; as a pledge of jout the whole, ling, but a vigi- hen they thank hem to a con- ut duties; and consider him as the example of the King, « who makes the good and happiness of his subjects his chiefest care and greatest glory." Mr. Clarke, who knew that all this was concio ad populum, far from intimating the least displeasure at its asperity, prudently engaged his assent to the elec- tion btUs, or any others consistent with his duty to the crown; and that in every condition of life, the provmce should have his best services. The old party had made some efforts at the elec- tion, but with little success. Their most strenuous exertions were in the city, during the session to intro- duce /idolph Philipse, the late speaker, in the place of Gerrit Van Home, a deceased member, whose son offered himself in the place of hie father. Before Cosby the Sheriff had made a return of Mr. Phihpse, petitions were preferred by the other can- didate and his electors, complaining of partiality ; upon which the House ordered, that neither of them should sit, till the conduct of the Sheriff had been examined and considered. Mr. Smith appeared as counsel for Van Home, and insisted that Philipse should distinguish which of the allegations of his client he denied or confessed, that time might be saved in the exhibition of the proofs. His antagonist, more consistent with the usage of Parliament, moved and carried a majority for a scrutiny of the votes. This success provoked an attack upon Mr. Alex- ander, who was of the minority on that questioi It was insisted that, as a member of the Council, he ought not to be admitted to sit in the Lower House. 1 he result was, a promise on his part that, as he had not, since his election, so he would not act in Coun- cil during the continuance of that Assembly; and a resolve, that while he kept it, he was duly qualified, but that on the breach of it, he should be expelled. Van Home and Philipse were directed to exchange lists of the exceptionable electors ; but the Sheriff and Van Home were first heard, and the former ac- quitted of the charge of misbehaviour. In the debates between the candidates, Mr. Smith made a question. :ffj a ii^ !' 38 [Chap, f . whether the Jews were qualified for electors, some of them having voted for Mr. Philipse. The cavil was taken up hastily in one day, and referred for ar- gument on the next ; and a resolve carried against the Hebrews by the mere dint of eloquence. The auditors of this memorable debate of the 23d September, never mention it without the highest en- comiums upon the art of the orator.* Mr. Murray, as counsel for Mr. Philipse, drily urg- ed the authority of the election law, giving a vote to aU freeholders of competent estates, without except- ing the descendants of Abraham, according to the flesh; and with astonishment heard a reply, which captivated the audience into an opinion, that the ex- ception must be implied for the honor of Christi- anity and the preservation of the constitution. The whole history of the conduct of England against the Jews, was displayed on this occasion, and arguments thence artfully deduced against their claims to the civil rights of citizenship. After expressing the emo- tions of pity naturally arising upon a detail of their suflferings under the avaricious and barbarous policy of ancient times, he turned the attention of his hear- ers to that mystery of love and terror manifested in the sacrifice of Christ ; and so pathetically described the bloody tragedy at Mount Calvary, that a member cried out with agony and in tears, beseeching him to desist, and declaring his conviction. Many others wept ; and the unfortunate Israelites were content to lose their votes, could they escape with their lives ; for some auditors of weak nerves and strong zeal, were so inflamed by this oratory, that but for the in- terposition of their demagogues, and the votes of the House in their favour, the whole tribe in this disper- * Mr. Smith was born 8th October, 1697, at Newport Pagnel, Buck- inghamshire. England ; was then at the zge of 40 : he had his first educa- tion from Mr. Stannard, the minister of Simpson in Bucks, and Mr. Wood- ward and Mr. Lettin, of Newport Pagnel in that county. He left Londoa with his father's family, 24tti of May, 1715, and arrived at New-York 17th of August in the same year. ' ^' ' oS' « ^&W^lJ^ » .W-^'.r of Christi- tution. The d against the id arguments claims to the sing the emo- letail of their barous policy n of his hear- manifested in dly described hat a member eching him to Many others ere content to th their lives ; d strong zeal, but for the in- le votes of the in this disper- port Pagnel, Buck- ! had his first educa- icks. and Mr. Wood- ty. He left London id at New- York nth 1737.] 39 sion would have been massacred that very day, for the sin of their ancestors in crucifying Jesus of Na- zareth, and imprecatitig his innocen* blood upon themselves and their children. It is at yuch moments that the arts of persuasion show their power, and few men were more eminently possessed of them than Van Hornets counsellor. He had the natural advantages of figure, voice, vivacity, memory, imagination, promptness, strong passions, volubility, invention, and a taste for ornament. These talents were improved by the assiduous industry of a robust conntitution, with uninterrupted health and temperance, in the pursuit of various branches of sci- ence, and particularly in the law and theology. His progress in the latter was the more extensive, from an early turn to a life of piety and devotion. He stu- died the Scriptur; - in their originals, when young, and in advanced life they were so familiar to him, that he often read them to his family in English from the Hebrew or Greek, without the least hesitation. He was bred a Dissenter in Buckinghamshire, and attached to the doctrines of Calvin : a great pan of his time was spent in the works, French, English, and Latin, of the most celebrated divines of that stamp. He was for some time in suspense about entering into the service of the church. Dr. Colman of Boston, upon the perusal of a letter of his penning, in the name of the Presbyterian Church of New- York, re- questing a minister to take the care of it, declared that no man could be more fit than he who had so well described the character of a proper subject for that vacancy. These things are mentioned, to account for that surprise of his auditors at that copia and ora- tory which Mr. Smith indulged, when he laid aside his law books and took up the Bible in the debate I have mentioned. He imagined that the House would reject the votes of all the non-resident freeholders, and if the Jewish voices were struck out of the poll- lists, that his client would prevail. His religious and political creed were both inflamed by the heat of the ♦imes. It was natural to a mind trembling several u je reduction of interest from eight to seven per cent"- pedlers regulated; Oswego supported, and the In- dian commerce proniited; paper money emitted, and a Loan Office erected ; provision madfe for pre- serving the metropolis from destruction by fires ; and the precedent set for compelling the officers of go- vernment to a reliance upon the annual provision of the Assembly for their support. But these institutions were nevertheless inade- quate to the elevated expectations of the multitude, and short of the intentions of their leaders. Otiiei' bills were brought in, which oid not at that time pass in o laws. They meant to regulate elections, and totally to exclude the influence of the crown ; to ap- point inspectors of exported flour; to restrain the sale ol strong liquors to apprentices and servants, and to others, upon credit; to reduce the fees of officers; to engross the appointment of an agent at the Court of Great Britain; to promote shi Auild- ~ ing; and to give the Quakers a further indulgence, . by exempting them from the trouble of producinff he certificates of the Quarterly meetings, required by the late act, of their having been members of that persuasion a year before the offer of themselves for an affirmation. Some of these bills failed by the on- position of the Council, who, on the day of the final debates between Van Home and Philipse, (12th 42 [(Jhaj.. r. 1 '• '^"i m 'III October), signified Uicir coiicmiencc to two bills in {i way not usual, by their Clerk. There had never been more than three instances of that kind, and those were messages to the late Assembly, between whom and the Council there was a perfect concord upon party principles. The ancient usage of the Council, was to send by one of their own members ; and the present Assembly resented the innovation, and demanded satisfaction for the insult. The Clerk brought an answer to it a few days af- terwards, and was nnmediatcly ordered back with a peremptory declaration, that the Assembly would thenceforth receive no message from the Council by that officer. They then began to cavil with the most favourite bills of the majority, and embarrass their progress by proposing amendments, and sent othern lo the Lieutenant Governor with intimation to the House of their concurrence, and were also silent as to some which they either rejected or neglected to the close of the session, and which, for that reason, were ne- ver passed into laws. They, however, abandoned the attempt for maintaining an intercourse by their Clerk, a novelty weakly introduced, because in itself unjustifiable, which exposed them to the contempt of the people, and would doubtless (if by this folly a stagnation of the public business had ensued) have incurred, as every futile controversy of that House will with a popular Assembly, the displeasure of the Crown and a new set of Counsellors. To the triennial act, they proposed a variety of amendments; some the AssembJy rejected; the Council adhered to all of them. The lower House demanded a conference. They consented, and ap- pointed Messrs. Livingston, Delancey, and Horsman- den, their managers. The Assembly nominated theirs, but bound them by instructions. When the joint committees met, the managers for the Council only delivered a paper with their reasons for their amend- ments. They were reported, and the House signified that they were not satisfactory, and repeated their two bills ill 2 had never t kind, and »ly, between feet concord isage of the n\ members ; e innovation, i. , few days af- l back with a Dmbly would le Council by noHt favourite .heir progress others lo the the House of ;nt as to some ed to the close ason, were ne- er, abandoned ourse by their lecause in itself [le contempt of by this folly a ensued) have of that House pleasure of the led a variety of rejected ; the e lower House jented, and ap- r,and Horsman- ominated theirs, When the joint he Council only for their amend- I House signified repeated their 4J demand of a free conference. This was assented to ivith notice of the time and place. New managers were nominated by the Assembly, who reporting in favour of the amendments, they were accordingly adopted. Mr. Alexander was of this last committee. The bill, as it was at first framed, had absurdly, in derogation of the prerogative, made it necessary to hold an Assembly m the capital and not elsewhere. But the loss of bills for regulating elections and ad- justing the fees of officers, contributed greatly to the general dissatisfaction ; they were botli carried up to the Council, who were silent as to the former, till stimulated by a message concerning its progress, and then apologized for their non-concurrence, till they could be informed of all the services the officers were to perform, which were not then to be obtained in the multiplicity of business and at the close of the session. The act against corruption in elections, which also wont up late, was retarded by the propo- sal of amendments ; upon the receipt of which, Mr. Alexander was desirous to appeal to the people, by printing both the bill and the alterations. He lost his motion by a single voice, and the bill was never returned. Mr. Clarke put an end to the session three days afterwards, affecting the highest satisfaction with their conduct, and expressing his gratitude for their regard to his Majesty's honor. He had procured the pay account of the deficiency of the revenue and the augmentation of his own salary to fifteen hundred and sixty pounds, and acquired the general esteem without risking the resentment of his master, for the triennial act was soon after repealed in England, and the lower branches of the Legislature divided be- tween them the odium of all the disappointments both of the Crown and the subject. The Assembly, before they separated, entered a protest on their journals against the new practic .? of the Council in concealing their concurrence in seve- ral laws they passed by the Lieutenant Governor, which had its effect, for it has not since been adhered VI 44 [Chap. 1. to. This is a proof that Mr. Clarke was privy to the design, it being unusual to re-assemble after passing all the laws. They sent the Speaker to him with their thanks, and requested of his favourable representation to procure the Royal approbation of the triennial act, and then adjourned themselves with his leave. The Cosbyan party had, for some time, considered the Lieutenant Governor as a deserter. He knew this, and grew daily suspicious of their power to in- jure him by the agency of the Council, whose con- sent was necessary, not only in the appointment of officers, but the grant of the waste lands of the Crown, from which the Governor, at that day, de- rived the greater part of his profits and emoluments ; but it was also essential to his interest to be upon good terms with the Assembly, for upon them he de- pended for the continuation of his salary, and he flat- tered himself that he should still be able to re-esta- blish the practice of a provision for years. In this dilemma he determined to undermine the popular leaders. This he effected by encouraging them with hopes of preferment, judging that, if they took the bait, the people, whom they had brought to despise all Senators in office, would hold them in con- tempt, and that then he could easily attain his own objects, by the dread of a dissolution ; such a turn would, at the same time, render the Council obsequi- ous to his interest in the land-office, where he derived an income, not only as Lieutenant Governor, but as the Secretary and Clerk. His stratagem succeeded to his wishes. Mr. Mor- ris the Speaker, Siinon Johnson, and others, listened to his oners of places under the government, and Mr. Clarke promised his influence upon the Council in their favour, after it had been concerted that the Board should resolutely refuse their consent. The intrigues of the chief demagogues were not known abroad till ti.ey themselves discovered the snare, and they instantly fell from the heights of popularity into the most abject contempt. This was the condition of ^ ■ ' ■,'j ? i^ ? ?^ ^ !a3Sg ' a;w^-;.-^'^;-^' • [Chap. 1. ivas privy to the le after passing h their thanks, presentation to iie triennial act, his leave, ime, considered rter. He knew eir power to in- icil, whose con- appointment of e lands of the t that day, de- nd emoluments ; rest to be upon pon them he de- lary, and he flat- able to re-esta- ycars. undermine the by encouraging ing that, if they ' had brouglit to lold them in con- y attain his own ion ; such a turn Council obsequi- vhere he derived jrovernor, but as ishes. Mr. Mor- l others, listened ernment, and Mr. t the Council in ncerted that the ir consent. The were not known d the snare, and )f popularity into is the condition of the popular party, not only mistrusted but hated, when Mr. Clarke met them in the autumn of 1738. Conscious of his superiority, he reminded them, alter proposing an address of condolence on the death of Queen Caroline, that the Crown was with- out support by the late project, not warranted by usage nor consonant to gratitude, and insisted upon as large and long a revenue as formerly. He then ^?^u«^ .' *^**' ^^^y ^^^ seventeen thousand pounds 01 bills in circulation, without funds to sink them and preserve their credit— proposed the continuation of the excise for that purpose, but not unless they gave the King's government a permanent support. He added the unwelcome information, that their tonnage duty act of 1734 was in danger of a disallowance on representation of the agents of other colonies— urg- ed the appointing one for this province— insisted on finishing the fortifications, and recommended unani- miiy, as a duty to their King and country. The elder Morris foresaw the storm, and havin«- provided for himself when last in England, he an^ nounced his appointment to the governmentof New- Jers Y» and declining his services here, a writ was or- dered to supply that vacancy. No address being ordered, nor any steps taken, except for promoting popular bills, from the 5th to lu lu^^^P*,®"**®^' ^'*- ^^^^'^e prorogued them to the 5th October, and again on the 11th October to the next day. On the 1 3th he called them before film, and insisted upon what he had already men- honed—alarmed them with the intention of the trench, to make settlements near the Wood Creek, not far above Albany— advised the erection of a fort there, and planting in that country the Scotch emi- grants just arrived, and for whose relief he asked their aid; added, what he had before hinted in a let- ter to the Speaker, that the Senecas were treating with Mr. Beauharnois,* then the Governor of Cana- fi rlift^fottS '"'^ ^°"'''' "'""""' "P"*"'' '<» ^« • »"*""'» -""> «f 46 [Chap, f . da, about the land of Irondequot, and recommended an immediate prior purchase.* They soon after formed the design of tacking clauses for the continuation of their paper money to the yearly support bill. Mr. Clarke, through their Speaker, intimated his objections to that proceed- ing ; en which they unanimously resolved not to pass the support bill without assurances that the paper money of 1 7 1 4 and 1717, and the excise to cancel the bills, should be continued for some years. To this he replied, that he would not assent without a per- manent revenue. They then resojvpd on tacking the clauses ; and the next day he dissolved them, after sharp reprehensions for their inattention to the ob- jects he had recommended, and to facilitate the • changes he had in view he suspended the new writ of summons to the 14th July, 1739. The choice of Mr. Adolph Philipse for the chair in the next Assembly, held m March, is a proof that the electors were unfavourable to the anti-Cosbyan chiefs ; some of the warm men of the last House were returned, and a dread of the multitude fell upon both parties. The collective body, animated and enlightened during the late troubles by the patriotic publications which were universally read, became jealous of the common interests, suspicious of all officers, and, by reason of former apostacies, more particularly vigilant respecting the conduct of such as themselves had raised into power. Mr. Clarke's speech, therefore, though importunate for the re-establishment of the old practices of sup- plies for a number of years, was cautious and sooth- ing : and after urging the erection and repair of forts, the purchase of Irondequot, presents for the Indians, and aid to the Scotch emigrants from Isla, who had * The history of the disappointments of Captain Laughlin Campbell and his Scotch associates, was anticipated in the first volume, published in 1756, which gare offence to Mr. Colden, the Surveyor General, who was uneasy under the representation made ia juatico to those anfortunate ad- venturers. A [Chap. I. jcommended of tacking >er money to hrough their hat proceed- id not to pass at the paper to cancel the ars. To this ithout a per- n tacking the 1 them, after on to the ob- facilitate thc- e new writ of for the chair 5 a proof that anti-Cosbyan e last House tude fell upon mimated and the patriotic ead, became picious of all stacies, more iduct of such h importunate ctices of sup- US and sooth- •epair of forts, >r the Indians, Isla, who had i^lilin Campbell and luinc, published in General, who was ose anfortunate ad- 1739.J m wintered here, lie recommended a new law to regu- late juries, instead of an old expired one passed in 1699. The address gave him only general assurances of a mature consideration of these points ; lamented the loss of the triennial act, repealed by the King; and hinted that they would oiTer him one for septennial Assemblies. The small-pox raged at that time in the capital, and the country members, though the House sat at Green- wich, were very desirous of a recess. To procure this they consented to a provision for a few months, and bore the affront of messages from the Corncil by their Clerk ; but when they met again in August, they protested against the repetition of it, and from this period they have been invariably brought by one of the members of the Council. It was not till this late day that the House was fur- nished with a set of the statutes, and the votes of the Common') v.' Ekigland, which, with the acts of the other Cok' , 'md been ordered by the Assembly, whose jou though more regular than formerly, still discover many proofs of their ignorance of the usages of Parliament.* * What a contrast in every thing respecting the cultivation of science between this and the Colonies first settled b^ the English. Near one hun- dred and thirty years had now elapsed since the discovery of New- York, and seventy-three from its subjection to the Crown of England. When the Legislature borrowed acts of Parliament from private libraries, they were seldom inspected, nor, perhaps, much admired. South Carolina had at- tempted, by an act of Assembly of the last century, to extend a variety of the old statutes, and renewed it again in 1712. It is entitled, " An act to put in force in this province the several statutes of the kingdom of England, or South Britain, therein particularly mentioned." The preamble is in these words : — " Whereas many of the statute laws of the kingdom of England, or South Britain, by reason of the different way of agriculture and the different productions of the earth of this province from that of Eng- land, are altogether, and many others, which otherwise are very apt and good, either by reason of their limitation to particular places, or because in themselves they are only executive by such nominal ofiScers as are not in nor suitable to the constitution of this government, are hereby become impracticable here." The 1st section enumerates and extends the general and principal acts of the statute book to the 4th and 5th of Queen Anne. The 2d, extends such as they refer to. The 3d, all such as relate to the allei^iance and the rights and liberties of the subject. The 4th, that the w S 4» [Chap. 1. ' I ; Mr. Clarke renewed his former attempts at the next convention of the Assembly, and to promote ship- building (an art since carried to great perfection) advised the giving bounties with apprentices ; and at the same time gave them notice of Governor Bel- cher's request, for the nominating commissioners to join with others, to be appointed by the Assembly of Massachusetts Bay, in ascertaining the line of parti- tion between the two provinces, which was repeated during the session by a letter from that Governor of the 1 th September, with a threat of carrying it out for themselves, if these instances were slighted ; — words which they fulfilled some years afterwards, to the great detriment of private property in this colo- ny, and the waste of pubHc money, and not without the effusion of blood. The Assembly's neglect to vote an address, their immediate attention to a militia bill, the call for ac- counts of expenditures and estimates of the new for- tifications, were all unfavourable omens of the Lieu- tenant Governor's disappointment. He discovered, authority they give to Parliament shall, in Carolina, be construed to be in the Assembly ; that to the Lord Chancellor, to the Governor and Council ; (hat their Chief Justice shall exercise the powers of the Judges of the Common Pleas, King's Bench, Exchequer, Justices of the Sessions, Com- missioners of Oyer and Terminer; and other officers, those of similar offi- cers in England. The 5th, that so much of the cominois law as is not al- tered by the statutes, so enumerated by the act taking wards and liveries, the old tenures in caoite and knights' service, purveyance, or that part of the common law relating to matters ecclesiastical, not repugnant to the settle- ment of the Church of England in Carolina, be declared to be in as full force as in Englan*!. The 6th, subjects their officers to the like penalties. The 7th, respects their fees. The 8th, courts and prisons. The 9th, con- firms the mode of conveyancing, by lease and release, prior to the extend- ing of the statute of uses. 1 0th, extends all the English statutes concern- ing customs, trade, and navigation. The lltli, declares all other statutes, not transmitted since 8th oi Anne, to be unaffected by this act. The 12th, that this act shall not affect the statute of 13tli of Charles 11.— cap. 8th, declaring the sole right of the militia to be in the King. The TJth, nothmg j-, any of the above statutes, abridging the liberty of conscience or any ec- clesiastical liberty, were considered as extended by that act, nor to alter their course of proceeding <»nd balloting jurors under a former act of As- sembly of 7th January 1694-5, or any other act of the provinco. It is not improbable that the British Legislature (3d George II.) took the hmt of balloting jurors from that Carolina act, as they had for pleading a discount from one enacted here several years before the statute of 2d George H. cap. 23. ^ n wa n^^ m yy- I [Chap. 1. 18 at the next omotc ship- perfection) ices ; and at vernor Bel- lissioners to Assembly of ine of parti- as repeated Sovernor of rrying it out slighted ; — 'ter wards, to in this colo- not without 3dress, their t call for ac- the new for- of the Lieu- discovered, jastnied to be in ■nor and Council ; .he Judges of the le Sessions, Com- )se of similar offi- s law as is not al- rards and liveries, or that part of the nant to the settle- d to be in as full [he like penalties, s. The 9tb, con- ior to the exfend- statutes concern- all other statutes, is act. The 12th, pies Il.~cap. Sth, The rJth, nothing science or any ec- t act, nor to alter former act of As- rovincj. It is not I took the hint of leadings a discount I of 2d George H. also, by their votes an extreme parsimony in the laws intended for the forts; that but only one hundred pounds was allowed for the Irondequot purchase; that the project for settling the Highlanders at Wood Creek was disrelished, though pressed upon them by a pathetic petition from these poor strangers, for they had but five voices against npstponing the considera- tion of their affecting circ^stances. He saw ano- ther, for reducing his own salary; and that attempts were made to lessen the petty allowances received by t e Juages ; and, at last, they concurred in a reso- lution to support the credit of the paper emissions of 1714 and 1717, if their bill for continuing them with the excise did not pass into a law ; upon which he prorogued them for six days; and sharply reprehend- ed their inattention to the great object of his wishes After proposing the example of the British Commons lor their imitation, he adds, «they have ever been jeal- ous of the rights and liberties of the people, yet have always been zealous and forward to support the go- vernment that protects them. They give a gross sum for the support of government. They don't touch upon the application or disposition of it, that being the legal and known prerogative of the Crown ; and the deficiencies are made good in the like manner." Having observed that he had passed the mihtia bill before he prorogued them, they no sooner made a House again, on the 9th November, than they pro- tested against the omission of the Council, who had neglected to notify their concurrence in that act, as inconsistent with the ancient practice of the good correspondence of the Legislature ; but thought fit to send up with their favourite bill to continue the paper money and the excise duty, another, for the erection and repair of the forts, and a third provid- ing for a revenue. But this last was only for one year, and nothing was as yet done towards the application of the money to be raised by it. To win upon their generosity, the sagacious politician, as soon as the Council had passed the two first bills, convened both Houses, and gave them his assent, saying, when he —>- ■^ mJB.j li H '■':■ i?"'i [Chap. I 50 signed them according to our unparhamentary prac- t fe,* " 1 Jo this us the highest instance I can give o I'y iare for the credit and welfa.^ of the co^nyj a^nl of the confidence I have ui your honor. Jhe Coun cil conspired with him, and immediately sent Mr. Horlai^den to acquaint them of their ---0^ in the revenue bill ; and soon alter the House voea a salary to the Lieutena^Governor of hjrteen hun- dred pounds; and by the application bill, "O^ J>"'y paid off the arrears, but secured the officers for the Insuins year. To Mr. Horsmanden, who had been crtituted the third Judge in 1737, they allowed seveniv-five pounds for his past services, and, m lu tu Je, ?sala,/of fifty pounds. The session ended on %:: i.^^nl^r'of this day to the emigrants from Scotland, was unpardonable. They were objecso^ compassion, and the nieasure of ^^^^''^ '"S "^™ upon the northern frontier, as they desired to be, was recommended by every motive of «oi»"d p^^'^J- There was no excuse for neglecting so fair an oppor- tunity, not only of forming a barrier against the new encroachments of the French at Crown Po>nt,but of encouraging other useful adventurers to follow then^ fortunes: to a colony weakened by the removal ot many in the late troubles. Colonel Morris who was an active member of the Assembly at that day but not present at the rejection of amotion made by Mr. Livingston for a gift of seven PO"nds toevery oneof the seventy Scotdi families imported by Capt Camp- bell, informed the author, that it was owing to a dis- covery that the Lieutenant Governor and Mr. Colden, the Surveyor General, insisted upon their fees and * There is a clause in King William's charter to the Massachusetts Bay . .. ;lt'rb^s.tdL.nces ejections, or -t« of^-™-^ ^^^^^^ name io the presence of the Council and Assembly. g^ibtjj^^'gt [Chap. I. entary prac- I can give of I colony, and The Coun- cly sent Mr. concurrence House voted thirteen hun- )i\\, not only fficers for the k'lio had been they allowed iS, and, in fu- sion ended on migrants from ere objects of blishing them red to be, was sound policy, fair an oppor- ;ainst the new n Point, but of to follow their ic removal ot [orris, who was I that day, but in made by Mr. to every one of )y Capt. Camp- owing to a dis- ndMr.Colden, their fees and le Massachusetts Bay . ircrnment whatsoever, ing's Governor, signi- lenced here, in conse- lis note at the fool of and order it to be eii- vernor subscribes his 1739.] ^" a certain share of the lands ; and that he could make no other apology for the public neglect of those un- fortunate adventurers than an abhorrence of being duped by the self-interested motives of the public officers. Had that object been patronized by the Legislature, we might have seen vast forests, between the waters of Hudson's River and the two northern Lakes on the west and the River Connecticut on the east, cultivated by a hardy and useful multitude, to the great augmentation of the - nerce of the co- lony, and then have savet' . froh> napting the ava- rice of a aeighbouring Governor, wnose ill founded claims, representations, and intrusions, have given rise to controversies and law-suits, injurious to pri- vate property, and destructive of the public tran- quillity.* • Mr. Colden, to vindicate Mr. Clarke and to exculpate himself, though not named in the former representation of Campbell's disappointment, gave ^limself the trouble of two letters, totlie author, of tiie 15th January and 17th February 1759. He alleges, that the project failed through tho po- verty and discord of the Scotch emigrants ; that Campbell's followers re- fused to settle under him ; that himself alone was unable to improve the quantity he asked for; and that the Assembly even disinclined to contri- bute to their relief; and that, from the incapacity of the company to cora- ply with the conditions of the King's instructions, he thinks the Executive without blame. The author's object being general, he declined entering into any partial controversy respecting the criminality of individuals. Let it suffice, that the account given was consistent with information procured from Mr. Alexander, whose intimacy with Mr. Colden gives it force ; and that Colonel Livingston, whose compassion excited him to make the rao. fion, told the author, on the 16th December 1777, that it was with design to raise the patent fees, the want of which obstructed the grant, and that he omitted to express it in his motion, as the disinclination of the House to gratify their, avarice would have most certainly defeated his design, and that he lost it by a suspicion that the contribution was to be so applied, though asked as under the cover of enabling them to settle the lauds at Wood Creek. The Lieutenant Governor's speech had confirmed their jealousy ; there was this clause in it—" The peopling of that part of the country to the northward of Saratoga will be of great advantage to the province, as well in strengthening the frontier as enlarging your trade. Several families arrived here last fall from North Britain, who are willing to settle there, and more expected from thence this year ; but as they are poor, they will want some help to enable them to subsist their families un- til, by their labour, they can raise provisions to subsist themselves, and I am persuaded that you will give them som^ needful subsistence." Captain Campbell himself also presented a petition to excite the charity of the As- sembly. Do these proofs accord with Mr. Colden's suggestion, that Campbell and his colonists were so far at variance as to refuse to settle under him. i 52 V [Chap. I The Spanish war commencing soon afterwards, there was a short session in the summer of 1740, in which the Assembly contributed money to accelerate the levies of several hundred men, under Colonel Blakeney, for an expedition against the island of Cu- ba, and manv of Campbell's followers, who were starving, through his inability and the public parsi- mony, enlisted for that service, and perished in the expedition afterwards directed against Carthagena. There was a hotter meeting in September, when Mr Clarke pressed them to provide for further le- vies, towards the defence of Oswego ; a law to pre- vent desertion from the sea and land forces ; the re- pair of the chapel of the Mohawks, among whom Mr. Barclay had officiated with a small salary from the colony with some prospects of success ; and the re- venue act being expired, he renewed his request tor the ancient support. , . , . -a c The Assembly would not add to their late gitt ot two thousand five hundred pounds towards the expe- dition; thought the British statutes gave sufficient relief against desertions ; that the Indian fort, in the Mohawks' country, was sufficient for assembling all the Christian converts of that tribe, and that, if they increased, a church ought to be built by private con- tributions. They then called upon the Council tor a committee to aid them in forming a fee bill, and sent up another to limit the continuance of Assem- blies. The Governor took no public notice of these trans- actions ; but when they had made provision for the war, according to the modern example, prorogued The attempt to regulate the fees of officers failed by the neglect of the committee of the Assembly to meet on the subject, but the septennial bill, passed by the lower house, was lost by the nonconcurrence ot the Council. ., u • The Lieutenant Governor could not avoid being displeased with the dependence created by the new mode of a yearly revenue, raised by one act, and tUc ''Mfr' afterwards, • of 1740, ill accelerate (Icr Colonel island of Cu- , who were public parsi- rished ni the larthagena. nnber, when »r further le- \ law to pre- rces ; the re- ng whom Mr. iiry from the ; and the re- is request for ir late gift of irds the expe- ;ave sufficient an fort, in the ssembling all 1 that, if they y private con- le Council for I fee bill, and ice of Assem- of these trans- )vi8ion for the lie, prorogued officers failed e Assembly to bill, passed by loncurrence of )t avoid being ted by the new ne act, and the 1741.] settlement and payment of salaries and debts by an- other ; especially as, at the last session, a division had been called on the question, whether instead of thir- teen hundred pounds he should not be stinted to se- ven hundred and eighty pounds ; and for allowing nothuig to the two puisne Judges: and therefore^ when he met them again on the l.Oth of April 1741, he addressed them in a long speech, in which he ap- plauds their felicity, excites them to gratitude, and charges them with the wanton abuse of prosperity in demandn.g a Treasurer of their own, and then in- sisting that the revenue should pass into his instead ot the Receiver General's hands, who had a salary out of the royal quit-rents, observes, that to rid them- selves of the check of the Auditor General, an offi- cer established in the reign of Charles 2nd, the As- sembly, after the expiration of the revenue in 1709, (which had been before given without any applica- tion,) had refused to support the government, unless they had the appointment of the salaries, nor would provide for the Auditor General, who, from soon af- ter the revolution, had a constant allowance. « Thus (to use his own words) fixing on themselves the de- pendence of the officers for whom they provided (for men are naturally servants to those who pay them,) they, in effect, subverted the constitution, assuming to themselves one undoubted and essential branch of his Majesty's prerogative." He then imputes their not returning to a just sense of their duty to the late disorders, and recommpndo their re-adopting the par- liamentary example— " to remember, as to this pro- vince, a jealousy, which (says he) for some years has obtained in England, that the plantations are not without thoughts of throwing ofT their dependence on the Crown of England. I hope and believe no man in this province has any such intention. But neither my hopes or belief will have the weight of your actions ; and as you have it in your power, so it 18 your duty and true interest, to do it effectually, by giving to his Majesty such a revenue and in such a manner as will enable his Majesty to pay his own of- hi [(Imp. f. mm : ficers and servants — wlirrcb)' Ihey will be reclaimed to their proper dependence — and such as the flou- rishing Condition of the province will amply admii ; which, Irom the great increase of trade and people, is well known to be vastly better than it was above forty years ago, and for many years before and after such a revenue as I speak of was given by the then Assemblies ; at the same time that large sums of mo- ney were raised to pay detachments of the militia, which were sent to the frontiers for their defence in time of war." After hinting his apprehensions of a war with France, he advises the erection of batteries for the ordnance and stores lately supplied by the crown ; the support of Oswego, and presents to secure the Indian alliance ; and adds — " I have done my duty and discharged my conscience, in giving you this warning: do vours, and save your country from ruin. At present, if any part of the province should be in- vaded, and mor)ey absolutely necessary for any ser- vice be required, even in such an exigency I cannot, either with or without the advice of the Council, draw for a penny, a circumstance well worth your consi- deration." He then proposed a more efficacious militia act ; the appointment of an agent in England ; the erec- tion of new buildings in the room of those lately burnt in the Fort ; and a night watch, upon the sus- picion of a conspiracy among the slaves. A diversion of men's minds from their usual objects of attention to the negro plot, the Governor's losses in the late conflagration, and the fresh instance of the bounty of the crown, seemed to favor Mr. Clarke's exertions at this juncture, for converting the Assem- bly to their ancient confidence in the Executive. It was at his instance the cannon and stores were increased : there had been no warlike supplies to the colony s.nce the year 1708. Those now sent, were valued at six thousand seven hundred and seventy- three pounds, fijfleen shillings and eight-pence ster- ling. Their iron ordnance consisted of ninety-six [(hap. I. )e reclnlmcil an the flou- inply admit; and people, it was above ore and after by the then sums of mo- I" the militia, lir defence in a war with teries for the y the crown ; to secure the lone my duty ving you this itry from ruin, should be in- ■y for any ser- 3ncy I cannot. Council, draw th your consi- us militia act ; md ; the erec- f those lately upon the sus- es. r usual objects vernor's losses instance of the ,r Mr. Clarke's ing the Assem- Executive. nd stores were supplies to the low sent, were J and seventy- ^ht-pence ster- i of ninety-six 1711.] df guns, liflccn of which were 32-ponnders, twcnly-four l8-pounders,and twenty 12.pounder8; the rest were of various inferior sizes. The Assembly could not avoid an argumentative address, for they were determined not to cede the advantages they had gained in the late patriotic struggles. "^ They confess their gratitude to the crown for many favors, but balance the account by their ample and cheeriul supports to it ; admit the confidence of their ancestors lu the officers of government, but assert, that It was forfeited by misapplications of the reve- nue, and that Queen Anne, on that account, consent- ed to their having a Treasurer of their own. They appeal to his own knowledge, that the squandering ot the public money gave rise to the two long bill? lor discharging the debts of the colony, and that the excise on strong liquors was a fund applied to, and winch still stood mortgaged for, that purpose. Ihcy observe, that formerly the crown rents, and the casual revenue by forfeitures, contributed to the support of government, though this was now discon- tinued. Ihey boast of contributing beyond their neighbours ; that they provide fuel and lights for the troops posted here, and presents to the Indians; al- lege that they have erected a large battery in the capitol, and others elsewhere, and victualled five hundred volunteers for an expedition to the West Indies. They deny that wantonness of prosperity or the late division had any influence upon the modern scheme of ammal supplies, or that any of the officers chin e*''^'^" oi" public creditors have suffered by the They avail themselves of his consent, and that of other Governors, to bills making particular applica- tions of public money, and intimate that the Lords of 1 rade think the practice reasonable. To the insinuation of a suspicion of a thirst in Amr- nca to independency, they "vouch that not a sin.rle person in the colony has any sucli thoughts or desire • " ■if March, WhS at arelessness of an of the gutters of f our Governors, d taken fire with- w fresh from the le inhabitants was )losion of the ma- municated to the Secretary's office iterly consumed, r, who indulged a emeditated by the ms, and putting up 'ajor Drum, propa- in a few days after- rsal. A second fire he 1st of April, and for burning a hay- , and the day after, lile the magistrates o suspicious words ther house was in inguished, a blaze ind a negro was dis- he spot. jality of a plot, but «. That a few slaves 1741.] 59 would hope to effect a massacre of their masters, or thus vindicate their liberties, was the height of absur- dity : but the fears of the multitude led them to pre- sume nothing else; and perhaps that extravagance then gave birth to the proofs by which it was after- wards supposed to be incontestably confirmed. When Mr. Clarke spoke to his Assembly, on the 15th of April he ascribed the destruction at the Fort to accident, n mending a i-ntter, and the rest of the fires to design. But no discovery was made, till the Grand Jury of the Supreme Court found a clue by the examination of a girl of the name of Mary Burton, who was a bought servant to John Hughson, a shoe- maker, and keeper of a low tavern in the west quar- ter of the town. There had been a burglary committed in the house of Robert Hogg, on the 28th of February. The goods stolen were brought to Hughson's, and, as the girl said, by Wilson, a lad belonging to the Flamborough ship of war, and three negroes. They were received by another maid-servant of the house, who, with two of the negroes, were committed upon the accusation of Mary Burton. The inquest pressed hard upon the witness concerning the transactions at that house, it being known that it was often frequented by negroes, who were served there with liquor. She confessed, after much importunity, that certain slaves caballed there in private, and had formed a conspiracy to set the town on fire ; but denied that any white person was present at either of the consultations for that pur- pose, except herself, Hughson, his wife, and the other maid. From this testimony, which varied upon far- ther examinations, the jails were crowded with the accused, amounting to twenty-one whites, and above one hundred and sixty slaves. The whole summer was spent in the prosecutions ; every new trial led to further accusations : a coinci- dence of slight circumstances, was magnified by the general terror into violent presumptions ; tales col- lected without doors, mingling with the proofs given at the bar, poisoned the minds of the jurors ; and the -t^ m w i wwi wigj 6id [Chap. 1. mi !r*J sanguinary spirit of the day suffered no check till Mary, the capital informer, bewildered by frequent examinations and suggestions, lost her first impres- sions, and began to touch characters, which malice itself did not dare to suspect. But before this, thir- teen blacks were burnt at the stake, eighteen hanged, and seventy transported upon conditional pardons. Hughson, his wife, and the maid, with one Ury, died at the gallows, and Hughson and a negro were gib- beted. Ury was capitally accused, not only as a conspira- tor, but for officiating as a Popish priest, upon an old law of the colony, passed at the instance of the Earl of Bellamont, to drive the French missionaries out of the territories of our Indian allies ; and he was con- victed on both indictments. A letter from General Oglethorpe, the visionary Lycurgus of Georgia, to Mr. Clarke, of I6th of May, gave weight to the sus- picions against this wretch. After the discovery that some Spanish Catholic slaves, taken in certain late prizes, were accomplices in the plot, the letter con- tained the following passage : — ^^ Some intelligence I bad of a villanous design of a very extraordinary na- ture, and it was very important ; viz. that the Spa- niards had employed emissaries to burn all the ma- gazines and considerable towns in the English North America, thereby to prevent the subsisting of the great expedition and fleet in the West Indies ; and that for this purpose many priests were employed, who pretended to be physicians, dancing masters, and other such kinds of occupations, and under that {)retence to get admittance and confidence in fami- ies.'^ Mr. Smith assisted, at the request of the go- vernment, on the trial against Ury, who asserted his innocence to the last ; and when the ferments of that hour ha<1 subsided, and an opinion prevailed that the conspiracy extended no further than to create alarms, for committing theAs with more ease, the fate of this man was lamented by some and regretted by many, and the proceedings against him generally condemn- ed ae harsh, if not cruel and unjust. There was nu [Chap. 1. ) check till by frequent Sret impres- hich malice re this, thir- teen hanged, nal jpardonB. le Ury, died rro were gib- 8 a conBpira- , upon an old le of the Earl jnaries out of I he was con- from General f Georgia, to rht to the sus- iiscovery that n certain late the letter con- intelligence 1 raordinary na- that the Spa- rn all the ma- English North tsisting of the st Indies ; and ere employed, ncing masters, and under that idence in fami- uest of the go- ho asserted h>s erments of that -vailed that the > cveate alarms, the fate of this •etted by many. Tally condemn- There was no 1741.] 61 resisting the torrent of jealousy, when every man thought himself in danger from a foe in bis own house. The mfection seized the whole Legislature, who were convened when these tragedies were acting in the court and the fields. The Grand Jurors presented a petition for severer laws against these unfortunate Africans ; and they had thtf thanks of the House for their zeal and vigor in the detection of a conspiracy to burn the town and murder the inhabitants, encou- raged by their opportunities for assembling at taverns, and at the common reservoir of tea-water in the sub- urbs, and their indulgences on Sundays for sport and recreation. The old laws were thought not sufficiently severe ; and yet this enslaved part of our species were under regulations demonstrative of the dangerous spirit of petty Legislatures, even under all the sunshine of the benevolent and merciful doctrine of Christianity. Their children were made slaves, if such was the condition of the mother by a law in 1706, which con- tained no provision in their favor, even when they were the offspring of a lawful marriage ; so that it re- mained a question whether the father^s slavery did not subject the legitimate issue of a free woman to servitude. They were witnesses in no case against a free man ; and by the act of 1730, they were inca- pable of any contract, or the purchase of the minutest article necessary or convenient to the comfort of life. The power of the master in correcting them was dis- punishable in all cases, not extending to life or limb. They were exposed to forty lashes by the decree of a single magistrate, as often as three of them were found together, or any one walking with a club out of his master's ground without leave ; and two Justices might inflict any punishment short of death and am-^ putation for a blow, or the smallest assault upon any Christian or Jew. Nay, their masters are punish- able for pardoning or compounding for their faults, and all others for harboring or entertaining them, who, when suspected, are made subject to an oath af purgation. Every manumission of a slave is invalid, 62 [Chap, r. llil 1 without security in two hundred pounds to indem- nify the parish. They are subjected to the summary trial of but three Justicts and five freeholders, with- out a challenge, even on accusations touching life ; and in the case of a negro, every homicide, conspi- racy, or attempt to kill a freeman, unless in the exe ^ cution of justice, or by misadvantage ; a rape, or an attempt to commit one; the wilful burning of a dwelling-house, barn, stable, out-house, stacks of corn or hay, nay, or may hem, if wilful, exposes to the punishment of death. Ought not humanity to revolt at these sanguinary institutions ? I shohld be chargeable with partiality if I did not add, that, like other immoderate laws ei- ther neglected or working their own remedy, they are seldom executed ; negroes, when capitally impeach- ed, being often tried in the ordinary course of justice, and admitted to the rights and privileges of free sub- jects under like accusations. Mr. Clarke brought his Assembly together again, and spoke to them, on the 17th September. General Wentworth having called for fresh recruits to the army in the West Indies, the Lieutenant Governor asked their aid for victualling them, and the repara- tion of the ruins in the fort. He renewed his demand for a generous and durable revenue, as what the King expected, and the expected Governor would insist upon, and what he thought it their interest, as well as duty, to grant ; concluding with the remark, that as this would be his last speech, thcbc instances could flow from no selfish motives, which weak minds might ascribe to them. The members firmly attached to the new and po- pular mode, soon after presented him with a long, harsh, ill-penned address, expressing great exultation on the prospect of Mr. Clinton's arrival, and their hope that he would bring with him the expected mi- litary stores, with presents for the Indians. They in- timate, that the quit-rent fund ought to contribute to the erection of a new house for the Governor ; testify their disinclination to give money for the levies, till [Chap. I. 8 to ind em- he summary ilders, with- uching life ; ide, conspi- 8 in the exe I rape, or an iirning of a B, stacks of 1, exposes to e sanguinary ith partiality ;rate laws ei- edy, they are illy impeach- rse of justice, ;s of free sub- (gether again, kber. General jcruits to the ant Governor id the repara- •d his demand what the King r would insist terest, as well > remark, that istances could ik minds might e new and po- tt with a long, reat exultation ival, and their e expected mi- ians. Theyin- o contribute to vernor; testify r the levies, till n»'*« ^^'"^^^ for resisting and refuting a doctrine not so favorable as Ibe old law to the X M ■•5W [Chap. I. itinuing and brought in, urteen votes others more were passed their entry, ey met, they t soon after, ;ty pounds to I the day his continued all le time fifty Lo reimburse veral others, their concur- id gave ♦hem red to be cn- >tion, but the his boldness; th November, louse was ad- s session, was ;e of balloting recommended rded till now. but Mr. Jones } in the Lower , proposed to which he then he could pre- •. Cornet, and main is a compound incey and Mr. Hors- ion, gave ground for lOt capital, I have in- inxiety in the former as tbe old law to the 1741.] This gentleman came into public service with the patriots of the new Assembly, in 17.17, and the favor- able opinion of his constituents, by his firm adherence to the project of an annual support. He was there- fore returned again in 1739, and then became ac quainted with Mr. Clarkson, who was chosen one of the city members ; and these two, with Colonel Mor- ns the younger, who was a little in the sha<[le for his compliances to Mr. Clarke, were the IcadiW mem- bers ol the House. \ The Lieutenant Governor trusting to his own abili- ^'rr^?"*i.^^ the first dissolution had piqued the pride ot Chiet Justice Delancey, who, discerning '' e ad- vantages of popularity, not only for the better secur- ing his salary, fgr which he now became dependent upon the Assembly, but to be revenged upon the Lieutenant Governor, and gain an influence upon his successors, and with a view perhaps to the succession itselt, studied to recommend himself to the House and now, by the intervention of Mr. Clarkson, began an intimacy with Mr. Jones, of which he made a good use, and it continued to the end of his life. In the two late sessions, therefore, Mr. Clarke had iitlle or no assistance from his Council, where Delan- cey kept the majority cool, himself privately abettiiiff the opposition ofthe Lower House. ^ prerogative, as in my opmion would add credit to his pretensions But Mr Horsraanden's claims never extended higher than to a copartnrMb^ i„Vh- work. This note would be of „„ consequence, ifthiaTac ,o„fwere Jot rtT.r ^ ''^^'^^'rf'":,' »'•« f^^*^'^'' «*P'«t«- Subjned is r'" re- port of the case. Oclober Te> m, 1 766. Samuel Stilwoll ad, D^m n I'rto XTr^nd."'/ ^"^""'^ '"•'''"''•'" the «p;r£!;„Xro?" sions to the I rench. A common venire had issued, and a nannel w.Vl. f^^nS h"'tT *'"" ™'"?^- '"^'^"^ ^y Nicol and Smtth for "he J? fendants, that the jury ou^ht to be balloted by the act of As.Zk „ .^ fi«t c ause by impUcation binding the crown, and the e gh h havSi^ i^ mediate reference to the first. Kempe. Attorney General co^rl^h. T practice has been otherwise. Curia The stLute 4 & ^^m ' '''! Mary, of which the first section of o^r jury act is a conv binSI I'f ^ ""** Ob ecT thl? .'hi""'*'",''""f *" '"'^" *""'»««• Defendants' coSnsdthea &' ifi, hi r.""' *'"^'** .'''?° '" '='"''»'" »»"» twcnty.four names srwii'j.^tanrtrvS?.:^^^^^^^ ^•'-^^-"- i/t«oiat."s X 6& [(Jhap. T. In consequence of this conversion and new alli- ance, the House was now led to serve Mr. Horsman- den, (who often held the pen lor Delancey,) by a bill to give him two hundred and fifty pounds for a digest of the laws of (he colony : and belbre the adjourn- ment, both Houses concurred in a joint address to the King, imploring his royal aid towards repairing the colony loss by the late fire; a measure from which they expected to derive no other advantage than, by declarations of their poverty, to obviate any bad con- sequences from Mr. Clarke's representation, cithc" of the asperity of their addresses, or their disregard to the great ends he had assiduously labour^ ^ to ac- complish, for the advancement of the autho..ty and influence of the crown.* When the proposal for compiling the laws was ta- ken into consideration, the House had discovered what they seem to have been ignorant of, when they presented Mr. Clarke with the long address of 24th April, 1741, for in that they applaud the revolution, as restoring to the colony the benefit of Assemblies ; but, as they, now perceived, in setting a rule to Mr. Horsmanden for executing his work, that they had Assemblies before that happy sera, and that there were some unfavorable acts of those days still in force, they not only authorise him to begin in Ib91, but has- tily give leave to Mr. Justice Philipse, who had also enlisted with the Chief Justice on the popular side, to bring in a bill, declaring all acts and ordinances passed befoi'e that period null and void. It was then already prepared; but whether, from the advanced state of the session, or the improbability of its success in so well-informed an administration, or the pru- dence of not stirring the old embers, and the hope that the new edition would help to conceal what they wished to annul, this bill wa^ never taken up after * It was concealed in the copy of the entries of the day transmitted to Mr. Clarke, under the pretext of decency to the King, and transmitted, i|ot by him to the Secretary of State, but in a private letter to Mr. Clinton, ijae new Gorernor. •paw W' ,m, 'm , iii» m|. •*mrv: [Chap. T. d new alli- •. Horsman- y,) by a bill for a digest lie adjourn- dress to the jpairing the Irom which ige than, by iny bad con- ition, eithe" ir disregard our ^ lo ac- uiho.-ty and laws was ta- i discovered f, when they Iresb of 24th e revolution, Assemblies ; I rule to Mr. lat they had d that there I still in force, b91,but has- who had also popular side, id ordinances , It was then the advanced of its success 1, or the pru- and the hope :eal what they aken up after 3 day transmitted to ng, and transmitted, stter to Mr. Clinton, 1742-43.J the first reading. Of the digesting act, Mr. Horsman- den took no advantage, hoping greater gain by com- piling the proceedings against the late conspirators, under the title of the History of the Negro Plot : he left the digest to be executed by other hands, which was done in 1751. Mr. Clarke's glory being in the wane, and the As- sembly looking out for the rising of a new sun, they took the unprecedented liberty, at their next meet- ing, on the 16th of March, 1742, to request a further adjournment. He gratified them till the 20th April: and two days afterwards, insisted upon their repair of the town and fort; payment for the transportation of ordnance to the interior frontier; the rearing new buildings for the Governor's residence; the victual- ling and transporting recruits to General Wentworth; the support of agents in the Indian country; and the amendment of the militia law. They gave him no answer, but in a few days ap- propriated a small sum for repairing fortifications, and forwarding the volunteers to the West Indies ; and when the act for this purpose was passed, with another regulating the payment of quit-rents and land partitions, they adjourned, and did not meet again upon bushiess till the 13th of October, when he re- newed his request for a perm:;nent revenue, a new act for the support of Oswego, and the conveyance of twenty more recruits to the West Indian army. Except an act for securing Oswego, little was done but to provide the ordinary supplies and salaries for the year; and they separated before the expiration of that month. He repeated his requests on the 21st April, 1743, and urged their supplying the magazines with ammu- nition, ball, and oilier necessary stores; with which they were piqued, as Mr. Clinton, at their private in- stance, had asked for them in England, and did not succeed. es [Chap. n. ■|* CHAPTER II. Fro::. Governor Clarke'.'^ rrturn to Kn^lnnd, to (he appoint- ment of Gotcrnor Clinton. With a sullen disregard of the spoecli, they has- tened to a close ul' the sesnion ; and alter the passing three bills, neither of extensive or permanent utility, they took their leave of each other, and never met again, except for further adjournments, till Mr. Clin- ton arrived. Though Mr. Clarke had several children, they made no < .annexions in the colony. After previous dispositions, he returned in I7i;> lo England, to pos- sess a hanr the unsuc- heir instance, ling a supply tlary of three nd now, with- nds a year to Av. Horsman- »■ Mr. Morris, Jovernor and 'or contingent ut afterwards annum. The jills that were those limiting ennial Assem- ■emedy for the cording to the atified the ge- igainst the au- 18 business of as somewhat that personal I member, and seat for the r was at New- ark, that they the Assembly hief, informing ii-st instance to (, and that the 3 late divisions. Scotland, the military prepa- le Assembly in 174 J.J •"■"""fii" 71 April 1744, and the Governor's renewal oV his im- uortunity for a supply of the magazine, rebuildinc the Fort, nppouUing agents, attending to Oswejro strengthennig the hands of the commissioners for Inl diaii affairs, and Ibr guarding those allies against the mtrigues of the French. ^ Both Houses strove to outvie each other in this alarm ; and a joint address was immediately present- ed, to testily their abhorrence of the fecottish rebcl- cZ'W e^ la^^'r ^'^^^r^^' ' '«'-ge «U'ns were given or the fortifications; three thousand pounds voted towards a mansion house for the Governor; and the naJdTff- Lt'' ^^ k-®k"'*1'"^;/''" ^«^'"^'' missionary, paid oflC After which the House adjourned to July • when the war havu.g been declared, and the Indians visited by the Governor, he called upon them for fur- ther expenditures on the northern frontier, not only for adding to the works, but to cooperate with com- missioners from Massachusetts Bay, in cultivating a more firm and extensive alliance with the savages of the wilderness. He recommended also the fitting out armed vessels to guard the coast, and made hi! third request to them for constituting agents at the British Court He backed his speech witif a message more particularly to explain his general requisitions; Zi !?i P •^'P?'^ proposed the construction of a ort, at the joint expense of this and the eastern co- lonies, in the neighborhood of Crown Point, and an- other at Irondequot, or near it, at a common charge, to secure the fidelity of the Senecas, the strongfs and most wavering of all the six confederated triSes. He was still more importunate on these subjects af- er the flight of the Indian traders from Oswe^|o upon the news of a declaration of war; and added his de- The House, perceiving the insufficiency of their duties upon commerce to raise a competent fund for the public exigencies, and that it was expedient to lessen that income and encourage privateering, by exempting p„ze goods from all impost, proceeded :^t «i a» i. # ' < -w»i^^Kr« 72 [Chap. II. with some hesitation, being disincUned to that gene- ral taxation to which they would be obliged to sub- mit, and foreseeing their own animosities in the as- sessing of the county quotas for a partition of the burden. At this juncture the Council, to quicken their mo- tions, requested, by Doctor Colden and Mr. Murray, a free conference, to which they assented. Mr. De- lancey opened it, and urged the necessity of strength- ening the garrison of Oswego, lately deserted bv the traders ; and they were brought to join in an address, imploring the Governor to send a detachment of fifty men to that fortress, for whom the Lower House im- mediately voted a supply; and agreeing to give a 8um for the support of the prisoners in the colony, they addressed the Governor, complimenting him on his vigilance and clemency, and entreated that he would find means to send them away. When they had provided the ordinary yearly sup- port, and for many other expenses, and were desir- ous of a recess, Mr. Clinton, observing that no pro- vision was made for the general Indian alliance proposed by the Massachusetts Bay Assembly, en- treated their attention to it as a great and important object, much urged by Governor Shirley in a late letter : but their generosity being exhausted, or their fears excited, they resolved it to be imprudent to en- gage in the scheme, without a previous plan of it; and they were sent home on the 21st of September. The French attempt upon Annapolis having rous- ed the eastern colonies to the bold design, which they accomplished in the year 1745, by the reduction of Louisburgh ; Mr. Clinton, animated by Mr. Shir- ley's example, sent them ten pieces of field ordnance, with the necessary warlike implements, and in March solicited the Assembly to co-operate in thai enter- prise. He took the same opportunity to press the equipment of a guard-ship for the defence of the coast : the appointment ol agents ; the construction of more inland forts ; further presents to the Indians; money to defray the march and trajisportation of the ' . '^ .v.W ' g ' ii .wy pi ji [Chap. II. »d to that gene- obliged to sub- (sitles in the as- partitioii of the licken their mo- ind Mr. Murray, jnted. Mr. De- isity of strength- deserted bv the in in an address, tachment of fifty lOwer House im- •eeing to give a ■8 in the colony, iimenting him on itreated that he inary yearly sup- and were desir- ving that no pro- Indian alUance ly Assembly, en- at and important Shirley in a late [hausted, or their imprudent to cn- ivious plan of it; t of September, polis having rous- ild design, which , by the reduction ited by Mr. Shir- of field ordnance, ;nts, and in March ite in thai enter- mity to press the e defence of the ; the construction nts to the Indians ; msportation of the detachments and supplies to Oswego; liberal sums for contmgent expenses ; further aid for supporting prisoners; provision to enable him to send commis- sioners to join with others in a general treaty with the Indian nations; and a union with the rest of the co- lonies, both of force and council^, agreeably to a royal instruction continued from the revolution to this day.* r.. - ..r^>^ -'j f e ^ T.v r'. * The instructions referred to, show the early atteation of the crown tn Sont?omer; i- • '''' '"""'^'"^ "* '''^''^ ^"™ '""^ "^^ given"o M " «' 83. Whereas it has been thought requisite that the general security of our plantations upon the continent of America be provided for, by a con tribution in proportion to the respective abilities of each plantation - an i whereas the northern frontiers of the province of New-Yoik, beine'mMt exposed to an enemy, do require an extraordinary charge, for the erectine and maintaming of forts necessary for the defence thereof; and whereaf orders were given by Kmg William the Third, for the advancing of five hundred pounds s.cWing towards a fort in the Onondago country, and of two Sr„'l. PP"'«'\**«j;'"'? t«f "d« the rebuilding the forts at Albany and Schenectady ; and likewise by letters, under his royal sign manual, direct: ed (o the Governors of divers of the plantations, to recommend to the Coun. cils and general Assemblies of the said plantations, that they resnectivelv furn«h a proportionable sum towards the fortificaUons on the northern fron- tiers of our said province of New- York— viz. Rhode-Island and Providence Plantation, - - - r ii^n Connecticut, - - - - .450 Pennsylvania, ,=„ M-y'-«j. : 65? ^"•e«»«>. - ; 900 . , ,. , Making together, - L. 2,500 And whereas we have thought fit to direct, that you also signify to our nto, vince of Nova Caesarea, or New-Jersey, that the sums wi. .^h weW at present thought fit to be contributed by them, if not already done, in pro. porUon to what has been directed to be supplied by our other plantations aa aforesaid, are two hundred and fifty pounds sterling for the division of East New-Jersey, and two hundred and fifty pounds sterling for the division of West New-Jersey .you are therefore to inform yourself what has been done therein, and what remains further to be done, and to send an account thereof to us, and to our Commissioners for Trade and Plantations as aioresaid. ' rZnUii '^"Ar" ^'■^ VT' '" /l"'" °'""^' instantly to recommend to our Council and the general Assembly of our said province of New- York that fJriirif 'ii*K* "*"•"■* °I ^^^'' P""*' '" prodding, without delay, 'what fnl ?; 11 f ^^T'^^ ^"^ repairing, erecting, and maintaining of sucb «. o? i P?""'* °^ "'^ province, as you and they shall agree upon. 85. And you are likewise to signify to our said Council and the said general Assembly, for their further encouragement, that besides the rontri- r^l\T.t «^ fj?"!* towards the raising and maintaining of forts and fortifi- cabons on that frontier, as above mentioned, it is our wiU and pleasure, that l?9n^ '^~*-' iii*iaiiiiinjiiiiii .iiii*.*!*! til II '".'*. ' I" •^ Mill ji m^mfi lif "'Hi M [Chap. It The Assembly, conscious of their neglect of his recommendation for constituting an agent, took tUc repetition unkindly. They had, on that account, been much censured without doors, a bill havmg been brought into Parliament for preventing the colony paper money from being a legal tender, and to pre- vent which no steps had been taken, though it was known here before their last rising. But the other colonies awakened the popular attention, and com- pelled the city members and several merchants to loin with the Council, in the recess of the House, to co-operate in the necessary remonstrances to the Commons of Great Britain for postponing the bill. They had not then, as they now asserted, given any more than the title of it, and consequently knew nothing of the scope of its last two clauses, which alarmed all the colonics with apprehensions of a de- « I W I WH i .i«ni » j | , ; ^ i|i t ii wij i|« n » » . [Chap. II. doors, con- y cannot be ony, than he ;t possession th the Coun- jat with the d to the Go- nanden, and rplanck and desired the i any objec- ut to this he bill came to services that emission bill :ed a lottery, to the Coun- is posting at lent compa* ut the same in for their urgh, where llowancp to ^er at his in- ed fortifica- tely refused, 1 and weak recess for a »ill, to raise seventy-five rk; another e colony ; a of Albany ; ke affidavits Court; and Is in bills of ; the annual levies of which here subjoined, show the compara- tive ODulence of the counties at that time • New-York, - . . z,.,,444 ' Albany, - - - . 622 Kings, - - - - 254 Queens, - . . -487 Suffolk, - - . . 433 Richmond, - - . - 131 Westchester, ... 240 Ulster, - _ , . 393 Orange, - . , - 144 Dutchess, - - . - 180 8 11 3 94 18 Oi 9 54 6 8 6 .>4 14 84 18 94 8 104 11 14 rJ^} ^T A^^ 'f a^r unacquainted with the petty cabals of a distant colony, and who may be delSded by the seeming precision of these quotas, it is proper to add, that the members for the metropolis always complain of the intrigues of the country gentlemen! jn loading their city with a third part of" the pu"l"c burdens for the ease of their own counties ; and that bu for the fear of losing their bills in th; CouncU wh ch ,s generally composed of citizens of influence a stillgreater share would fall upon that smallSd forming the city and county of New-York JaI T^f' Mr Clinton found it necessary to add three hundred of the mihtia to the one hundred and twenty m the b lock-houses, and those thirty post- ed at Saratoga. This occasioned fresh demands Cn the Assembly, to which they readily compl ed ^?h an augmentation of one hundred and fift/mol bl sides fifty Indians : and three days after the firsTmes X'-^^^^r^'"*'^"^^^"^^** ^^^^ of thedeSgnaTon of this aid by another brought to Brooklyn, by Mr Banyar, Deputy Clerk of thi Council; and the same day opened a new and extensive scene in a speed, acquainting them that the Duke of Newcastirtn « letter of the 9th of April, had signified h^M^^^^^^^ pleasure to set forward an expedition againsrSda ommanding levies in all the colonic? for that pur-' l»ose ; that every company should consist of one hC iBiiirii iiinMii .-««./ — I" ■'■p — m f t'\ ■I , " • ■ I W'ii^ ill 82 [Chap. H. tirctl moil, to be r.iised iVorn New-York to Virginia, inclusive, in one corps, under Mr. Goocli, the Gover- nor of Virginia, .as Brigadier Gener.il, .and the whole force to he as great Jis could he colh^cted before the time of their njurch. The project was Mr. .Shirley's : it was couimuni- cated in a letter of the l.'Uh of January, and approv- ed by our Asseml)ly on the 25th of February. J'hey were to be joined by regular troops from England. This intelligence was received with th< "xreatest exultation by the general mass of the peopU . The AsseirUiy therefore expressed themselves that very day with all the ard(»r of patriotic zeal. "The mo- ment we leave your Excellency," said they, " we shall employ our hearts and our hands to the great work Sefon us, and come to such resolutions as shall immediately forward the important design; and the whole course of our proceedings shall be conducted with uch unanimity and elFectual despatch, as may add lo the pleasing hopes of a happy success, and prove us fully sensible of our duty, loyalty, and gra- titude to hi Majesty, our regard to the ease, welfare, and security oi those we represent, and of that just resent'ient t'lat should animate us in opposing the peHidy and uelty of the most dangerous enemy." IV juties were raised for volunteers, and for the purchase of provisionsana ammunition; exportations of pro\isions prevrnted ; the Indians called to a meeting; the other colonies excited to join in col- lecting presents to conciliate their aid ; artificers im- pressed for public works ; part of the militia detach- ed ; a forty thousand pound tax imposed, to sink as much, immediately supplied by a new emission of paper money; thanks given to the King for forward- ing an enterprise so necessary to us, and for advan- cing the trade of the empire in general. They hesitated about nothing necessary to give it success, except furnishing provisions for the Indians, unless the neighboring colonies would bear a part of the expenses; and any contribution for the trans- portation of stores, for which they refused even to -KfT" l^li »l ■ [Chap. H. : to Virginia, J, the Cover- lid the whole cd before the ms oouauuni- , and approv- jruary. I'hey ,m England. 1 th< <:reatest neopU The Ives that very ^\ " The mo- li'd they, »we fls to the great ilutions as shall esign ; and the I be conducted Bpatch, as may ly success, and byalty, and gra- e ease, welfare, aid of that just n opposing the jrous enemy. ^rs, and for the ,n; exportations ms called to a to join in col- ; artificers im- militia detach- Msed, to sink as lew emission ot ing for forward- and for advan- ral. . . ;essary to give it for the Indians, Id bear a part ot ,n for the trans- refused even to ITtG.J m :idvan« " money to llji; Oown even u\um loan, con- ceiving that it ought Id be raised by bilU of exchange, a hint which Mr. Clinton improved greatly to his owti emolument. They separated on the ]!j\\\ of July, and the Governor, in a few days after, went (o the In- dian treaty at Albany. , He could prevail upon none of the Couneil to at- tend him, c?:ccpt Doctor Colden, Mr. Livingston, and Mr. Rutherford. From Mr. Delancey, by whom his measures had formerly been directed, he was to ex- pect no aid. They had quarrelled in their cups, and set each other at defiance. The Governor then gave his confidence to Mr. Colden. The Chief .Justice, in- flated by his popular inlluence— the rise of Sir Pel ■ Warren, his brother-in-law, and the patronage of ' Herring, formerly his tutor and now his correspon- dent, in the elevated station of Archbishop of Can- terbury — and, by Mr. Clinton's incaution, rendered independent by a renewal of his commission during good behaviour, in other words, for life — had begun, in the course of last wii.ter, to domineer over the Governor, who, on a certain occasion, expressed with some tartness his resolution to maintain the dignity of his station. The altercations ran so high, that Mr. Delancey left the table with an oath of revenge, and they became thencefortli irreconcileable foes. The Governor left no stone unturned to procure a numerous assembly of the Indians. The interpreter had exerted himself for that purpose among the more distant tribes, while Mr. Johnson,* at his request, * This gentlcmeti owed liii> elevation from the obscurity of asohtary re- sidence in the wilderness to the incidents of this period. IJe was a ne- phew to Captain, afterwards Sir Peter Warren, and until his ambition was fanned by the party feuds between Clinton and Delancey, nspired no higher than to the life of a genteel farmer in the vicinity of fort Hunter, sur- rounded by the Mohawks. When Colonel Philip Schuyler (who as the son of the celebrated Peter) held the' affection of the Six Nations, he indis- creetly attached himself to Delancey. A door was then opened to Mr. Johnson, who became a favourite of Clinton's, and improved his advan- tages, as the sequel will show, to the acquisition of honour and power, and such a vast estate of the crown lands as cannot fail to support the heredi- tary dignity of an English Baronet, to which he arrived in the course of a few years, in consequence of his celebrated victory over Baron Dieskau and the French troops at Lake George in 1755. (^Chap. i\. ■'■ * l"''M practised upon tli« Mohawks in his ncighbourhooil. The day the Governor arrived, he was presented with two Freiicli scalps, taken near Crown Point; and on the 8th August Mr. Johnson, to whom Mr. Clinton had given the rank of Colonel, entered the town at the head of the Mohawks, pajnted and dressed in their manner. The Governor being indisposed at the opening of the conference, it was left to Mr. Golden to deliver a speech of his own drafting; and in his excuse for the absence of Mr. Clinton, he describes himself to the Indians as the next person in the adminis' tration, for Lieutenant Governor Clarke having gone to England, he was then the eldest member of the Council. He reminded them of the antiquity of the covenant chain, and that one intent of the present in- terview was to confirm it. He informed them of the French attack upon Annapolis Royal, of the reduc- tion of Louisburgh in resentment for that injury, of the subsequent incursions of the enemy, and of their promises of assistance ; rebuked their inactivity ; re- vealed the design to attack Canada, on this side by troops from this and the western colonies, while those to the eastward, with the navy, ascended the St. Lawrence. For exciting the savages to co-operate with us, and r li^e r.: ^ spread their fame among alt the Indian nati > h alls to their remembrance the ancient insuU? their fathers had received from the French a. n^ndaga, Cadaracqui, and in the Seneca country, lie applauds the prowess of their ances- tors in the invasion of Montreal, inveighs against their listening to the seducing wiles of the French priests, and then requests their joining with us in the grand enterprise of driving all the French out of the country as essential to their and our safety. These addresses were, after the Indian manner,divi- dedinto short paragraphs, andbeltsof wampums given for memorials. A Sachem, on the delivery of every belt, turning to each tribe utteried the word, "yo-hay," do you hear. They answered, and when the war-belt was given, there was a general shout. ^Clmp. n. leighbourhood. presented Willi I Point ; and on Mr. Clinton had the town at the IreHsed in their iispo8ed at the t to Mr. Coldeu iig ; and in his jn, he describes on in the adminis- rke having gone member of the antiquity of the >fthe present in- ncd them of the j1, of the reduc- )rthat injury, of >my, and of their sir inactivity ; re- , on this side by onies, while those iscended the St. ges to co-operate r fame among all remembrance the eceived from the and in the Seneca 88 of their ances- inveighs against lea of the French joining with us in the French out of id our safety, idian manner,divi- of wampums given delivery of every lie word, "yo-hay," when the war-belt out. r B" ^ \^ ^ "K^y ^ IMAGE EVALUATION TEST TARGET (MT-3) ^ .*^^ u' CIHM/ICMH Microfiche Series. CIHIVl/ICMH Collection de microfiches. Canadian 'nstituta for Historical Microreproductions / Instltut Canadian de microraproductions historiquas wa*fS^^^?*5;"?W?^3'?'!™^'R°??^^?'^''^ ■' ■«?"»P" Mr. Clinton appeared the next day, and an Onon- daga orator replied for all the nations. They promised to hold fast the ancient silver chain- engaged from the bottom of their hearts to make use of the hatchet against the French and their children (meaning their Indian allies); threw down a war- belt as a testimony of their union, and recommended unanimity among all the colonies. They denied that the t rench priests lulled them aslef p, declared their abhorrence ^ them, and that the remembrance of the cruelties of the French made their blood boil. Ihey gave assurance, that they would send in their warriors, with some from the Missisagacs, a nation of fave castles^and eight hundred men between theLakes tjne and Huron, who were represented by their de- legates then present. The presents from the Crown, Virginia, and Mas- sachusetts Bay, were afterwards distributed The Governor left it to the Six Nations to give a share to the Missisagacs ; intimated his discovery, that certain of their warriors, being in Canada when the tidings cf the reduction of Louisburgh arrived, had joined the French for the defence of Quebec He promised arms, clothing, and ammunition, to such as would now go out in the British service. After they had delivered the presents, they hune on the war-kettle, painted themselves as in theil wars, and danced till late at night. They perform- ed this singly, in a slow motion, to a plaintive tune. Une of the Missisagacs's deputies died at Albany ot the small-pox ; and, towards the last stage of his disease, requested the Governor, that the first French scalp taken in the war might be sent to his mother, and this promised, he, without reluctance, resignec niraselt to death. ° Mr. Clinton, about the same time, convened and spoke to the Mohendars, under which name are com- prehended all the other savages near this part of the sea coast, and on the banks of the rivers Hudson, Connecicut, Delaware, and the Susquehana: to these also, a set of dastardly tribes, he gave pro- ■ 'jMUfc Wfcai atnit^ -'m, i j^ tgjiw {Chap.H. senla for promises which they never meant to per- form. , . ... There were, soon after this congress, such insinua- tions of the scantiness of the Governor's gifts, whe- ther true or false cannot be determined, that he thought it requisite, in vindication of his character, to publish an account of the treaty and transactions. It was written by Mr. Golden; but, though it evinces the propriety of the speeches to draw the Indians into the war, it contained no list of th«» articles ac- tually distributed among the pavag. s, and wanting this proof, the scandal was rather confirmed than re- futed bv that incautious publication Meeting his Assembly again in October, the Go- vernor, now guided by Mr. Golden, set the public wheels in motion in an unusual manner. Being in- disposed, he sent for the Speaker, and, through him, laid a copy of his speech before the House. They pronounced this mode irregular and unprecedented; but to prevent delay, went into the consideration ot the business recommended. The speech complains of the difficulty he had to engage the savages to go out into this war; ascribes the ill temper of the Indians to neglect or misconduct in the management of their affairs, and the inefficacy of the design, to Mr. Gooch's decUning the service, the non-arrival of the fleet, and the news of the Brest squadron's hovering on the coast of Nova Scotia with many land forces. Having given orders for a winter camp in the north, and the erection of more small fwts, the Gorernor demanded further supplies for those purposes, as well as the management of Indian affairs. He reprobates all parsimony as real prodi- gality at this juncture. His persuasions to harmony excited to discord. He hinted that distrusts were often aggravated by artful designing men ; and in- sisted that every branch of the Legislature should act within its own limits, according to the model of the British constitution, adding, at the close, " that when unhappy differences have arisen in our mother country, from an imprudent or wanton stretch of [Chap.n. eant to per- iuch insinua- s gifts, whc- led, that he character, to msactions. It • rh it evinces ' the Indians «» articles ac- aiid wanting 'med than re- • »ber, the Go- et the public er. Being in- , through him, louse. They iprecedented ; )nsideration of ilty he had to war; ascribes or misconduct the inefficacy g the service, vs of the Brest •va Scotia with rs for a winter of more small sr supplies for ment of Indian as real prodi- .ns to harmony distrusts were men; and in- slature should o the model of ! close, "that . in our mother iton stretch of 1746.] ' W power in any one of the parts of government, a cure has been attempted by throwing an over-measure of that power into some other part, by which the ba- lance between the several parts of government has been destroyed. The cure became worse than the disease, whereby confusion and calamity always en- sued, till the balance was again restored. I am told that something of the like nature has more than once happened in this government. Let us, then, guard against such mischiefs ; and let us resolve to show, by our actions as well as by our words, that we un- derstand and love the English constitution, and there- by convince each other of the sincerity of our inten- tions for the good of our country ; and then, I make no doubt, all of us shall enjoy the pleasures which necessarily arise from the good effects of such a re- solution." The Assembly voted six thousand five hundred pounds for victualling the troops in their winter quar- ters, and two hundred more to transport the provi- sions to Albany, but would not provide, in future, for the militia detachments of May and June. The Governor, to whom the address was present- ed, took the hint, that the;- did not mean to pay for the land-carriage from Albany ; and, therefore, in- sisted that this expense should be provided for. The volunteers amounted to thirteen hundred and eighty men. He said there were one hundred and eighty men without their bounty money, and requested blan- kets both for them and part of the King^s indepen- dent companies, who were to join the little army on the northern frontier. The flame soon broke out. The Assembly turned their attention to the civil list ; for the year voted only the deficient bounty money, and ordered a re- presentation to be drawn up in answer to the Gover- nor's speech and message, and a bill to be brought in to raise two thousand two hundred and fifty pounds by lottery, towards erecting a CoUoge.* ■■>• 23d October 1716. ?:'<: f i.. 1 .■a ffj ^ t r ' ' ' ■ I » « > ■ « III ^iiTw i UPi B I pill I WH i l llll I »»pi|W ■ W i {i ■■••••■WMP""^" 88 [Chap. ir. On Wednesday, the 2'Uh of October, they ad- journed, without leave, to Friday, then to Monday, and the day afler received, approved, engrossed, and sent to the Governor a representation reported by Colonel Philipse, Colonel Morris, Colonel Schuyler, Mr. David Clarkson, and Mr. Henry Cruger. It is to be observed, that while this instrument was preparing, advice arrived from Albany, that Henry Holland, the Sheriff of that county, by order of Col. Roberts,'*^ had broke into the Commissioners' store- houses, and taken out the provisions entrusted to their care for the use of the army. The representation of the Assembly, afler de- claring their ignorauce of the bad disposition of the Indians and the authors of it, sullenly observed, that they last year provided for his voyage to a trea- ty with them, and that he and those he employed can best tcU what service it had answered. I'hey professed their willingness to inquire into the neglect or misconduct of the Indian affairs, and for that end, they asked for the correspondence upon this subject between him and others since his ar- rival. They disapproved of his winter camp, intimating their apprehensions that deaths and desertions, through the severity of the weather, would frustrate the King's design of any expedition to Canada the next year. They boasted of further contributions to it than the King expected, and then alleged that they are at a loss to discover the meaning of bis dissuading from parsimony, a term not so much ao once mentioned in their House. They are surprised at his opinion, that the Legis- lature are not in perfect harmony. They are apprised * An officer of one of the independent companies, now raised by Mr. Clinton to the rank of Colonel in the intended expedition. He had been a Cornet of horse at the accession of Georg'e the first, and was connectedi by his first marriage, to the Earl of Halifax. His second wife was a daugh- ter of that Mr. Harison who had so deep a share in the feuds of Cosby and Van Dam. [(Jhap. II. er, they ad- i to Monday, igrossed, and reported by nel Schuyler, jger. strument was , that Henry order of Col. loners' store- usted to their ►ly, after de- disposition of tily observed, age to a trea- employed can iquire into the fairs, and for pndence upon 1 since his ar- ip, intimating desertions, ould frustrate Canada the s to it than the they are at a ssuading from mentioned in lat the Legis- are apprised |dow raised by Mr. Hehadbeea ad was connected, 1 wife wasadaugh- s of Cosby and 1746.] m of the necessity of it ; tliink themselves capable of guarding against the private views of artful and de- signing men, and would be sorry any such should pre- viiil on him to disturb the harmony necessary to ihe general preservation ; that if any persuasion excited his distrust of the Legislature at this juncture, they affirm that they are not friends to the country, but men of sinister views. They confessed that differences have formerly hap- pened, but they were thought *o arise rather from bad advice to Governors than wantonness in the peo- ple, and ought to serve as land-marks to avoid the like evils. They affirm, that upon the communication of the Duke of Newcastle's letter they provided for victualling the troops, and gave eight pounds bounty with a blanket to each volunteer, and never intended their Commissioners should deliver out the subsis- tence at Albany ; that the circumstances of the co- lony (of which they were the most competent judges) would not admit of any further step, and beyond this they meant not to go. The Governor wno, when Mr. Gooch declined his appointment, acted in his siead in the direction of the troops intended for Canada, had, before he left Albany, ordered the Commissioners to deliver out provisions to the four independent companies, de tined with others to the carrying place above Sara- toga on the route to the French fort at Crown Point. Colonel Roberts had the command to require an unlimited quantity of provisions for the Whole party, and to surmount the refusal of the Commis- sioners, gave an order on Mr. Holland to impress pro- visions for fourteen hundred men for two months. It has been before observed, that a law was passed au- thorizing the impress of artificers ; it extended to horses, waggons, and other things necessary for the success of the expedition, and IVfr. Clinton had left a warrant with Holland, the sheriff, for carrying it into execution. Provisions had been demanded for one liundred and thirty men more than were in service. 12 "^■o 90 [Chap. If. and three companies had aheady drawn out their quota. The House considered the Governor, therefore, as in the scheme of forcing the transportation, the ex- pense of which they had refused to defray, and the rather because Doctor Golden, when at Albany, had insisted upon it, menacing the Gommissioners if they did not comply. Hence the clamors in the country, the prognostica- tions in the Governor's message, and the severities of the representation, though it was four days afterwards that the House resolved, that the Governor was ill advised in granting the warrant for the subsistence of the King's independent fusileers ; that the Commis- sioners obeyed the law in refusing to comply with it ; that Colonel Robert's order was arbitrary and ille- gal ; that the breaking open the stores was a viola- tion of the rights and liberties of the subject ; and that Golden, Roberts, and Holland, were guilty of high crimes and misdemeanors j and that it would be in vain to furnish provisions for subsisting the forces in the expedition against Canada, until assurances were given that an effectual stop should be put to such proceedings; and an order was made for re- questing the Governor's command to the Attorney General to prosecute the delinquents. Mr. Clinton's message of the 1 0th of November, in answer to the representation of the fifth, contribu- ted nothing to the extinguishment of these discon- tents. Displeased with i.he Commissioners of Indian affairs, he charges the untowardness of the savages upon them, as traders with them ; promises to give orders to the Secretary for that business to prepare copies of the correspondence ; expresses high disap- probation at the public testimony of their dissatisfac- tion with his winter camp, as countenancing a con- tempt of orders, and the printing it without waiting for his ansvver; and threatens to complain to the King of the difficulties he had passed through in the last six months ; and with respect to the resolves of tlie 8th be observes, in another message of the 24th, — ■ ■ W l UfH * [Chap. 1[. iwn out thch" r, therefore, as ation, the ex- lefray, and the it Albany, had sioners if they le prognosticn- lie severities of lays afterwards jvernor was ill 3 subsistence of t the Commis- pomply with it ; itrary and ille- Bs was a viola- e subject; and were guilty of ihat it would be sting the forces ntil assurances ould be put to s made for re- the Attorney • 1 of November, J fifth, contribu- f these discon- ioners of Indian of the savages iromises to give ness to prepare sses high disap- Iheir dissatisfac- bnancing a con- [without waiting lomplain to the 1 through in the the resolves of ige of the 24th, J746.J 91 for the vindication of his own measures and to wipe off aspersions upon others, that the troops at Albany, by concert between himself, Mr. Shirley, and Mr. Warren, were destined against Canada ; that he add- ed to them a part of the independent companies ; that the new levies, who they had agreed to supply with provisions, were at first sixteen hundred men, exclusive of commission officers ; that these, by de- sertions and disease, were reduced to fourteen hun- dred, including the officers ; that he could not ima- gine it disagreeable to them that he supplied the de- fect of two hundred out of the independent compa- nies ; that when he issued the orders to march, he sent Major Clarke to the Commissioners with assur- ances that, if the Assembly disapproved of the sup- plies, he would replace the quantum ; that the form of the warrants they complained of are settled in Council ; that he authorized Doctor Colden^s request to the Commissioners for transporting and delivering out the provisions to the Captains, and on their ob- jecting, to engage payment for the expense of the carriage, and that if they refused this, to intimate his intention to appoint other Commissioners ; that Mr. Colden reported their consent, and Mr. Cuyler, one of them, confirmed it. He then refers them to the minutes of a council of war, held at Albany by Colonel Roberts, Colonel Marshal, Major Clarke, and Major Rutherford, on the 16th October, at which Colonel Roberts presided, showing that, after Mr. Clinton left Albany, Mr. Cuy- ler refused to transport the provisions, assigning the want of money as his reason, or to appoint a Com- missary to deliver them out, if they were transported by the army; nor would he deliver them at Albany to any Commissioner or Quarter-master, though Col. Roberts promised to be accountable and to produce the Captains' receipts, insisting, that the letter of the act required the Commissioners to deliver them, only to the Captains. That the council then considering, that the Cap- tains could not find separate store-houses on the i' ';• r fil mim^fmimf' 92 [Chap. II. frontiers, nor could their services in scouting parties enable them to preserve the provisions from waste, he advised Col. Koherts to impress their provisions, give a receipt for them, appoint a Commissary to be recommended by the Commissioners to issue them out ; and that such conduct was, in their opinion, not inconsistent with the intent of the act of Assembly, and that, without it, the expedition for guarding the frontiers would be neglected. The Governor added, that he thought himself in the line of his duty in ordering the march ; the coun- cil right in their advice from the great law of neces- sity, and that neither Roberts or Holland were to blame ; that he could not, therefore, give any orders for prosecuting them. He promised to assist in the discovery of embezzle- ments, if any there had been, and for obtaining jus- tice to be done to the colony, and that the provisions impressed should be accounted for. He urged them to change ihe Commissioners for others less inclined to embarrass the service, obliquely impeaches them for deficiencies of rum; and, afler censuring their freedoms with persons in his and Doctor Colden^s stations, remarks, that their resolves deserve their most serious consideration. The House resolved this answer unsatisfactory ; that whoever advised or endeavoured to create jeal- ousies and encourage a breach of the laws were ene- mies to the constitution ; that they would grant no more supplies while such notorious abuses were com- mitted ; but that upon proper assurances of redress, they would grant further aids for the subsistence of the troops. The Governor alarmed, asked for the sustenance of the troops, agreeable to their engagements, pro- mising that what had been experienced should not happen agair), and that exact accounts of the con- sumption should be kept and laid before them ; and lo divert their attention froni the last object, made new requisitions to pay tor female scalps; smiths among the Senecas and Onondagas ; arrearages for ^mm [Chap. II. )nliiig parties 8 I'rom waste, lir provisions, missary to be lo issue them ir opinion, not of Assembly, guarding the ght himself in •ch; thecoun- law of neces- lland were to ive any orders ■y of embezzle- ' obtaining jus- the provisions He urged them rs less inclined ipeaches them :e~.8uring their octor Colden's deserve their nsatisfactory ; to create jeal- aws were ene- vould grant no uses were com- ces of redress, subsistence of the sustenance igements, pro- sed should not lUs of the con- ore them ; and t object, made scalps; smiths arrearages for J746.] 93 provisions at Oswego, and the repairs of the fort at Albany. But, unwilling to prolong the session, they postponed these considerations, and were prorogued on the 6th of December, when thirteen acts received the Governor's assent. Care was taken to prevent desertions from the army, to raise the taxes, to main- tain a military watch in Albany, to keep up the mili- tia, provide winter subsistence for the troops, sup- port the civil list for a year, and raise two thousand two hundred and fifty pounds by lottery for founding a College, a project early in the eye of the patrons of the public school, formerly trusted to the care of Mr. Malcolm, favored by the pupils of that institution now rising to manhood, and forced by a general spi- rit of emulation on discovering the sundry advantages our youth bad acquired by an academical education in Great Britain and Ireland, but chiefly at the neigh- bouring Colleges of New England. The author observed in the first records of the colony of New Haven (vulgarly called the Blue- laws*), that this was an object of the very first ad- * A note ought not to be luppreHcd respectinr tbeie records, to correct a Toice of misplaced ridicule. Few there are who speak of the blue-Uwt (a title of the origin of which, the author was ignorant) who do not imagine they form a code of rules for future conduct, drawn up by an enthusiastic, precise set of religionists ; and if the inventions of wits, humorists, and buffoons were to be credited, thej must consist of mnny lai^g^e rolumes. The author had the curiosity to resort to tliem, when the Commissaries met at New Haven for adjusting a partition line between New- York and the Massachusetts in 1767, and a parchment-'"' ve.ed book of demy royal paper was handed him for the laws asked for, as the only volume in the of- fice passing under this odd title. It contains the memorials of the first es- tablishment of the colony, which consisted of persons who had wandered beyond the limiu of the old charter of the Massachusetts Bay, and who, as yet unauthorized by the Crown to set up any civil government in due form of law, reiolred to conduct themselves by the Bible. As a necessary con- sequence, the Judges they chose took up an authority similar to that which every religious man exercises over his own children and domestics, flence their attention to the morals of the people in instances with whir>; the civil magistrate can never intermeddle, under a regular well-poiioed constitu- tion—because, to preserve liberty, they are cognizable only by parental authority. The Select Man, under the blue-laws, found it his duty to pu- nish every contravention to the decorum enjoined by the broad command- ments of Heaven. The good men and good wives of the new society were admonished and fined for liberties daily corrected, but never made criminal by the laws of large and well-poised communities ; and so far is the com- 94 [Chap. If. venturers in that country, long belbre their charter, uniting that and the Hartford colony, was obtained. The inhabitants of New Haven (to whose honor be it mentioned) raised a large sum to begin the institu- tion within five or six years from the date of their In- dian purchase of that town, then called Quinipiack. It was from this seminary that many of the western churches in New- York and New-Jersey were after- wards furnished with their English Clergymen. Mr. Smith who was a tutor and declined the Rector's chair of Yale College, vacant by the removal of Dr. Cutler, was the first lay character of it, belonging to the colony of New-York. Their numbers multiplied some years afterwards, and especially when, at his instance, Mr. Philip Livingston, the second proprie- tor of the manor of that name, encouraged that academy by sending several of his sons to it for their education. To the disgrace of our first planters, who beyond comparison surpassed their eastern neighbours in opulence, Mr. Delancey, a graduate of the University oi Cambridge, and Mr. Smith, were, for many years, the only academics in this province, except such as were in holy orders ; and so late as the period we are now examining, the author did not recollect above thirteen more, the youngest of whom had his bache- lor's degree at the age of seventeen, but two months before the passing oi the above law, the first towards erecting a College in this colony, though at the dis- tance of above one hundred and twenty years after tnon idea of the blue-laws being a collection of rules from being true, that they are only records of convictions, consonant, in the judgipent of the magistrates, to the word of God and dictates of reason. The prophet, priest, and king, of this infant colony, was that Davenport who was in such consideration as to be sent for to the Assembly of Divines at Westminster, ' in settling the religion of the English and Scotch nations. These remarks were, by the author, communicated to Mr. Hutchinson of Boston, then one of the Commissaries, and to other gentlemen of eminence in the colony and of the very town of New Haven, who heard them as novelties, nor would the former adopt them, till he had recourse, the ne»t day, to the records themselves. The author speaks onlv of those at New Haven. ' mm m tt^^m^ [Chap. 11. Iicir charter, m» obtained, jse honor be in the institu- :e of their In- 1 Quinipiack. r the western y were after- rgymen. Mr. the Rector's jmoval of Dr. , belonging to ers muUiplied when, at his cond proprie- ;ouraged that 3 to it for their J, who beyond neighbours in the University )r many years, jxcept such as the period we jcolfect above jad his bache- |ut two months le first towards ^ I at the dis- ity years after irom being true, that the judgnpent of the SOD. The prophet, >rt who was in such at Westminster, These remarks I of Boston, then one Lence in the colony them as novelties, jrse, the next day, Iv of those at New 17 16-47. J n its discovery and the sctllcnieiil uf the capital by Dutch progenitors from Amsterdam.* The Assembly being convened again in the spring of the next year, Mr. Clinton, in his speech of the 2.5th of March, observed, that the late provision for the levies extended only to the 1st of May ; that he had secured the Six Nations without any charge to the colony, and had hopes of drawing some of the re- mote savages into an alliance, and tor this purpose he required supplies to be distributed in presents ; that agreeable to a concert with Mr. Shirley, two forts were intended to be erected at the portage on the route to Crown Point, to favor the expedition to Canada, for which the King's orders were daily ex- pected ; that no money being sent from England, and the Council of this colony and the Commis- sioners from the Massachusetts liaving proposed to prosecute the expedition at the immediate expense of the colonies, in certain rates there stated, he im- portuned them for their concurrence and proportion ; and by a message he also desired a provision for scouting parties, to be kept up while the army went forward on the main design. Bent upon renewing the hostilities of the last ses- • The persons alluded to, were — ISIeisrs. Peter Van Brugh Livingston, Messrs. William Peartree Smith, John Livingston, Caleb Smith, Philip Livingston, Benjamin Woolsey, William Livingston, William Smith, Jun. William NicoU, John McEvers, Benjamin Nicoll, John Van Home. Ilendrick Hansen, These being then in the morning of life, there was no academic but Mr. Delancey on the bench, or in either of the three branches of the Legisla- ture ; and Mr. Smith was the only one at the bar. Commerce engrossed the attention of the principal families, and their sons were usually sent from the writing school to the counting-house, and thence to the West India islands — a practice introduced by the persecuted refugees from France, who brought money, arts, and manners, and figured as the chief men in it, —almost the only merchants in it from the commencement of this century until the distinction between them and others was lost by death and the inter-communion of their posterity by marriage with the children of the first Dutch stock and the new emigrants from Great Britain and Ireland. The French Church of New- York contained, before their divisions in 1724, nearly all the French merchants of the capital. imm ■111 06 [Chap. H. ! ' sion, they did not vote any address, and resolving not to recede from the declaration that they would not transport the provisions from Albany, they agreed to victual their levies for three months, and pay for one iiundred scouts, and only to pay one hundred and fifty pounds for the expenses of his journey to the intend- ed Indian convention. The enemy were, at that time, ravaging the fron- tiers and practising most merciless acts of cruelty. The House to make a handle of a pathetic petition presented to them, and for embarrassing and calum- niating the Governor, asked one hundred men out of the little army destined to Canada for scouring the woods, offering every private a shilling per day be- yond the pay of the Crown, and introducing it with a recital, that the levies were victualled at a very great expense, and had been hitherto unemployed ; and to raise the popular outcry the higher, they .be- sought him to pass the bill providing for the hundred rangers to which the Council had consented eight days before, intimating that they would then do no- thing more, and desiring a recess. The Governor thought himself compelled, for his vindication, to inform them, that when last at Albany he could not engage a man to range the woods un- der the wages of three shillings per day, with provi- sions besides ; that their ofTcr of one shilling was, therefore, no motive for their acting in that service, and if they agreed to it, the House had made no pro- vision for their officers ; that he had engaged the Six Nations at the sole expense of the Crown, who also bore all the other charges of the army except provi- sions ; that parties of Indians and the new levies bad been employed in divers excursions ; that when the expedition to Canada was laid aside for the year, he ordered a camp to be fortified at the carrying place, that from thence they might intercept parties from Crown Point, and by collecting magazines there, for- ward the intended services of the present year against Canada ; that this design was obstructed by the late obstacles respecting the issuing provisions, till the irj|. ;iP.. ' l UUP I WH i» i> i. [Chap. II. and resolving not it they would not ^, they agreed to , and pay for one hundred and fifty ley to the intend- eivaging the fron- i acts of cruelty, pathetic petition ssing and calum- ndred men out of for scouring the ling per day be- troducing it with ualled at a very rto unemployed; higher, they .be- r for the hundred consented eight ould then do no- >mpelled, for his ;n last at Albany ye the woods un- • day, with provi- )ne shilling was, ^ in that service, lad made no pro- 1 engaged the Six Grown, who also my except provi- le new levies bad 9 ; that when the s for the year, he s carrying place, ;ept parties from azines there, fer- isent year against ucted by the late rovisions, till the 1747.] m frost compelled them to winter at Saratoga; that he had posted a part of the army in the Mohawks' coun- try, others at and beyond Schenectady, three compa- nies at Schaghticoke, four at Half Moon, two at Nis- kyuna, and others at Albany, leaving a force at Sara- toga—" so that there were garrisons in a line from east to west, across the northern frontier, in every place where they could be placed in safety during Uie winter season;" that there were otheif place! where forts ought to have been erected, but that he could not put that charge upon the Crown, they them- selves not thinking them necessary for their own safe- ty ; that to keep the enemy at home, he had sent out parties of the Mohawks against their borders; that his project of a fort at the carrying place was ap- proved of by Mr. Shirley, and some ohhe neighboV- mg colonies were willing to contribute to it, if the Assembly of this colony would set the example, and when he urged their concurrence he had avoided all ground tor tresh controversy. He proceeds then to complain of their declining tlAVT^'^^y ^*P^"f ^«'' ^^^ <^ommon security, and of their disrespectful behaviour which obliged him, as he says, « from that common justice which wh17hT ''"'•^' t\^'T.f ' *« ^P^^k *>»* some things which otherwise I should have thought proper to cot That the principal traders and richest men in Al- bany do not wish well to an expedition against Ca- nada, from an attachment to a trade with that coun- oKfteT* ^ ' ' """^ ''^'''^ ^'' ^""^ ^«'^^t"^"y To this he ascribes his difficulties with the Indians, ' and a message from the Governor of Canada per- buadmg the savages to a neutrality, and promising Delancev'a father iifij''""' *«^*'°'' * petition promoted by Mr. through LLeCramoll ^''l' '^'l'""'t»g«« ^7 the Indian ^rade tiW- f V\ ... u r *t"- vmmi. p*iiii ■ i»iW'ii»Pi»'*rr"nr~ 98 [Chap. H. from his pity of iheir brethren at Albany to turn his Indians on their most inveterate enemies of New England. Ho then reminds them, that before the late negro plot information was given of Popish emissaries, and that ho suspects thom among us, working upon men of wrong heads, violent passions, and desperate for- tunes, as had been tlio case in the late Scotch re- bellion. He shows the danger of false insinuations to raise jealousies among tlie people of their rulers and Go- vernors ; asks, with what truth it can be said the new levies have been hitherto unemployed,and suggestions publicly hinted of his neglectof duty.f* and promises an answer to their request for a recess, when he knows their resolution to take care of the colony. They formed themselves into a committee of the whole House, and agreed upon another representa- tion. To give them time to cool, he adjourned them from the 2d to the 1 9th of May, but with what suc- cess the reader will determine, after he reads the following abstract of the long answer of seven folio pages and a half in print, then reported by a commit- tee consisting of Messrs. David Clarkson, Cornelius Van Home, Paul Richard, Henry Cruger, Frederick Philipse, John Thomas, Lewis Morris, David Pierson, and \V' illiam Nicoll. It was read, engrossed, and pre- sented the same afternoon, with a request for leave to adjourn. TlK?y disown any intention to oflfend by the request for employing the now levies for rangers, to which they were excited by information that they were wil- ling to serve with an allowance beyond the King's pay of nine-pence or one shilling per day ; by as- serting that they were unemployed, was only meant that they were not then on the expedition to Canada, and that they might have been on short scouts with- out any injury to the service; that they were well apprised of the importance of the Indian alliance; that, therefore, they had put one thousand pounds in his hands in 1745 for presents, though he had then ti l liy i l! i WH i I i i iin. muLi ^1 , [Chap. H. any to turn his 3mies of New the late negro smissaries, and ig upon men of desperate for- ate Scotch re- lations to raise •ulers and Go- »e 'said the new tnd suggestions nd promises an /hen he knows lony. mmittee of the ler representa- idjourned them with what suc- • he reads the • of seven folio td by a commit- :son, Cornelius ger, Frederick David Pierson, ossed, and pre- quest for leave by the request igers, to which they were wil- )nd the King's er day ; by as- vas only meant tion to Canada, trt scouts with- hey were well idian alliance; isand pounds in ;h he had then ]747.| . . ^0 money, before voted for that purpose; that those In- dians had, as yet, done nothing agreeable to their as- surances of their engaging in the war if further de- predations were made. That they consider the King's order to make pre- sents as an intimation that the charge ought not to lall on the colony ; that he went to Albany last sum- mer at their expense, but what he gave the Indians they know not; that the Crown was also, doubtless, at other great charges, which turned out to the pri- vate interest of some indi vid uals. They think their loyalty very manifest since his ar- rival, and suppose him well convinced of it ; he spoke well of the people m his first speech, but the change o\ his opinion obliged them to remind him that they gave him one thousand pounds as an earnest of their -espect for him ; have raised as much for his support as tor any of his predecessors, and built a noble edfecc lor his residence on his own plan ; had paid his house- rent while the house was constructino- They recollect the burning of Saratoga, Novem- ber 1745, and hint, that if the independent compa- nies had not been drawn from that post, this destruc- tion would not have happened. That money was given for a fort at the carryine- place according to his own design, which was never- theless applied to re-building that at Saratoga ; that that then a line of block-houses was rec'ommended from New England to the Mohawks' castle ; they had provided for this scheme, and the money laid out in detachments of the militia pos< d by his order on the frontiers They declared their willingness to contri- bute to two forts at the carrying-place, and seem to doubt his declaration that any other colonies will bear a part of this burden. They declare, that no- body acquainted with the climate could be surprised at the disappointment of the attempt to fortify a camp at the time he fixed upon for that work. They asserh that the money raised for the expedition is nearly ex- pended by the nine pounds bounty per man, thevic- fa ,. .1' 100 [Cimp. II. tualling of sixteen companies, one hundred men each, and other military purposes. These they think proofs of their care for tliemselves, and do not forget their gift for the Cape Breton expedition, with the further expense of transporting ten cannon, their carriages, &LC. They conceived that their advancements have been unskilfully laid out, for want of an engineer, ana lament the delay of the person expected. Respecting the scheme of commissioners for a joint prosecution of the war with the other colonies, they mention their having provided for it, and add, " how it has happened that nothing has been done upon that commission, is only to be conjectured." They censure the late negotiations at Albany, towards erecting two forts at the carrying-place and attack- ing Crown Point, with the assistance of only three of the Council, while there were six gentlemen in com- mission for that purpose, and no other government had commissioners there but Massachusetts Bay. They declared that they had not confidence in the success of the expedition, and chose to wait till expe- rienced oflicers, daily expected, arrived from Eng- land. They confessed, that ever since he had placed his confidence in a person obnoxious to and censured by that House, the public affairs had been perplexed, and not attended to with that steadiness and good conduct which their importance required, and did appear in the measures pursued before he bore so great a part in his councils. To him they imputed certain late speeches and messages, and the interruption of the public harmony ; denied that the traders of Albany wished i?l to the Canada expedition, and charged the insinuation to the inveterate prejudices of his minister, who had grossly calumniated the distressed inhabitants of Al- bany, and abused his confidence. That part of his message descriptive of the prac- tices of Popish emissaries, they applied to another: person then in his favor,* who was bred a Protestant, * John Henry Lidius, whose father was a Dutch Minister at Albany. [Chap. II. red men each, y think proofs ot forget their ith the further »eir carriages, cements have engineer, ana BCl. nersforajoint colonies, they md add, " how en done upon tured." They bany, towards ce and attack- )f only three of tlemen in corn- ier government tusetts Bay. infidence in the ) wait till expe- ved from Eng- he had placed _ and censured een perplexed, ness and good uired, and did ore he bore so speeches and ublic harmony ; ished i?l to the insinuation to ister, who had labitants of Al- ve of the prac- ied to another d a Protestant, [inister at Albany. 1747.J 101 resided several years in Canada, married a woman there of the Romish Church, after having first abjur- ed his religion, alleging that he was a person of des- perate fortunes. To his intrigues and falsehoods they imputed the unfavorable temper of the Indians, and to Popish emissaries the perplexities of his ad- ministration. They t^en assert it to be reported, that two-thirds of the Indian presents in 1745 were embezzled; and that the French and Spanish prisoners were sold, under color of his authority, to owners and captains of flags of truce, at a pistole a head ; and these things they affect to mention as with a design to give him an opportunity to punish the delinquents. They hoped that, from the whole they have evin- ced, they have had a due care not only of their own, but his honor and interest. Mr. Clinton commanded an adjournment for a few days, and contented himself only with a threat of complaining to the King, and a remark, which every body else had made without doors, that this violent and acrimonious composition was not two hours be- fore the House ; do that the engrossed copy sent to the Governor, must have been prepared before the draft was brought in by the committee. It has been before observed, that this petty army, raised upon the Duke of Newcastle's letter of the 9th of April, 1746, was to be paid by the crown. Hitherto Mr. Clinton had drawn bills to raise money for that purpose; and whether because the design seemed to be neglected at home, and he really apprehended the non-payment of his bills, or sought an occasion to embarrass the Assembly, he gave them intimations that the troops threatened to disband for want of pay ; and he exacted their indemnity of his estate against the protest of his bills, or their providing money to keep the army together. The projector of this device certainly could not reasonably hope to draw any other advantage from it, than a demonstration to government that Mr. Clin- ton's drafts, which already amounted to nine thousand m #'.; 102 [Chap. If. pounds, and for which he had the advice of his Coun- cil, were absolutely necessary ; and that end it did serve, and that only ; for the House absolutely refus- ed to counter-secure him, declaring that his drafts were necessary to prevent the total desertion of the levies, and that his refusal to continue drawing would imply distrust of the King, and render himself an- swerable for the levies and estates of his subjects. From the 4th of June, they only met and adjourned to the 4th day of August, when he called upon them to join with Massachusetts Bay and Connecticut in the attack of Crown Point, aided by as many Indians, of whose temper he spoke favorably as to their being animated to action. But they laid hold of the objections, that as no estimate was found of the whole expense, nor the quotas of the respective colonies ascertained, they re- fused to concur till these preliminaries were settled. Mr. Clinton continued his drafts for the army, till the languor of administration exhausted his hopes of any co-operation from that side of the water; and on the .31st of August, when he flatly refused any longer to victual the four independent companies and south- ern levies, or to expend money upon the Indians, or transport provisions to Saratoga, he urged them to take those expenses upon themselves, for two months, till when he hoped to draw the other colonies into some contribution, and to be better informed of his Majesty's intentions. He also notified them that Os- wego was in danger; Colonel Johnson, the contractor for the supply of that garrison, requiring guards to convoy the provisions, a late incursion of the enemy upon the German Flats in that route having doubled the expense of transportation. On which the House resolved, that the provisions of the independent companies ought not to be a charge either to the crown or the colony, while post- ed at Albany, they having always subsisted them- selves out of their own pay, except when at Oswego or the outposts; when there, were and should be supplied by the colony : that the southern colonies •«i«r*e**«fi**s*" m\ij [Chap. If. ce of his Coun- that end it did bsolutely refus- that his drafts esertion of the drawing would ler himself an- his subjects. : and adjourned lied upon them Connecticut in a many Indians, s to their being ons, that as no pense, nor the ■tained, they re- 2S were settled, ir the army, till ed his hopes of ! water; and on ised any longer mies and south- thc Indians, or urged them to for two months, er colonies into informed of his J them that Os- I, the contractor liring guards to •n of the enemy having doubled t the provisions it not to be a lony, while post- subsisted them- vhen at Oswego and should be uthern colonies '''''^ 103 ought to subsist their own Ibrces; that having the Kings orders to make advancement to cultivati the nendship of the Indians, it is his duty to continue his h;i V^! ^^"^''"''^ ^' ^'S"'^^^ ^y the crown; that his bills for transporting provisions to Saratoga being paid, that expense ought to be forborne; that Colo- nel Johnson cannot ask an additional allowance, the txovernor having importuned them on the 2d of De- cember, 746, that the Colonel had contracted against all events; but to protect the county of Al- bany, they agreed to provide for one hundred and fnJ Kl^r'Sf*"* f ^^^ desertion of the fort of Sara- toga by the New-Jersey troops posted there, for want ofprovisions, however filled every man with terror; and after a call of the House, the/requested the Go! vernor either to send a part of the New- York levies ^Zl'y!"'' '1 r'" P'lr"' r^*' *^^™ ^^"-^ determined, a detachment from the independent fusileers, for whom they in that case promised supplies ofprovisions. He repeated his declarations, that he would no longer disburse money at the charge of the crown; V.1 ^^^^u-"" '"'^^^^ ^^'^ *h^ preservation of Sal fn «i?' .K f"§"P *^^ consequence of their refusal iVrZl aT *"/.'''^"* ^"^ g"^*-^ the frontiers, t^SZ T ^•^^«' "'f y«» den/ me the necessary supplies all my endeavors must become ineffectual and fruitless: I must wash my own hands, and leave at your doors the blood of the innocent people that may be shed by a cruel and merciless enemy/' ih Va^ ^^l^ of September they were adjourned to InoZ^ ' 3- '^ *^^ ^'"' ^T^ **^«» passed,''there was ^S, nf ^^*'^'■""^"u* *° ^^^ 29th, and again to the oth of October. These provoked to a resolve, that to h.m were to be ascribed the delays in providing for the defence of the frontier; and that a remon? strance be Presented on the condition of the colony, to be prepared by Messrs. Clarkson, Van Hornk Richard Cruger,Philipse, Thomas, jines, and Cor-' nel. Before the draft was reported, the Governor, i .% 104 [Chap. 11. by a message of the 6th of October, laid before them a compact of their own commissioners with others from Massachusetts Bay and Connecticut. These gentlemen had so concerted matters, as to cast the burden of mair)taining the Indian alliance entirely upon the crown, though Mr. Clinton had im- portuned them to make that and the erection of forts subjects of contract. The message, therefore, warns them of the necessity of an immediate attention to these objects, as well as those for which the contract- ing colonies were to provide ; and to show them the expectations of the Indians, he communicated a copy of the conferences he held with some of their chiefs on the 26th of September last, with Colonel Johnson's report to a committee of the Council on the 3d of October. This was soon followed with resolves to execute their part of the plan concerted by the commission- ers ; to provide for the defence of the northern fron- tier, and for presents for the Indian sachems then in town ; that eight hundred pounds be devoted to sup- ply the Governor's failure to support the Indian in- terest, though he had made large drafts for that pur- pose, and of which they had heard of no disposition ; that the usual provision be made for Oswego ; that they would bear their proportion of the expense to- wards erecting forts in the Indian cantons, as asylums to their wives and children, while their warriors were abroad ; that they will take a part of the army for the security of the frontiers into pay, as soon as they are advised of their being discharged by the crown ; that they would victual the garrison of Saratoga, and transport the provisions wanted there ; and the mes- senger sent with a copy of these resolves, was also to request information whether any, and what number of, troops was ordered to Saratoga. The answer of that day was so extraordinary, that the author cannot help transcribing it. " By your votes, I understand you are going upon things very foreign to what I recommended to you. I will receive nothing from you at this critical junc- < ■ I ' Wg [Chap. II. id before them TB with others icut. I matters, as to Indian alliance >linton had im- irection of forts lerefore, warns kte attention to ;h the contract- show them the inicated a copy • of their chiefs )lonel Johnson's il on the 3d of Ives to execute the commission- e northern fron- Bachems then in devoted to sup- rt the Indian in- ifts for that pur- ' no disposition ; >r Oswego ; that the expense to- tons, as asylums ir warriors were the army for the soon as they are the crown; that ' Saratoga, and 3 ; and the mes- ves, was also to id what number traordinary, that it. - are going upon imended to you. lis critical junc- J747.J iO.» lure, but what relates to the message I last sent you ; viz. by all means immediately to take the preserva- tion of your frontiers and the fidelity of the Ir.dianfl into consideration. The loss of a day may have fatal consequences. When that is over, you may have time to go upon any other matters." They then resolved it to bo their undoubted right to proceed in such order as they conceived most conducive to the interest of their constituents ; that the attempt to prescribe to them, was a manifest breach of the rights and privileges of that House and of the people ; thai the Governor's declaration was irregular, unprecedented, and manifestly tended to the subversion of their rights, liberties, and privi- leges ; and that his adviser had attempted to under- mine and infringe them, violate the liberties of the people, subvert the constitution of the colony, and was an enemy to its inhabitants. The next day, 9th of October, Mr. Clarkson brought in the remonstrance, to which the House, immediate- ly after reading it, ordered their speaker to setliis name. They sent to the Governor that morning by seven members,* who reported that he would neither hear it read, nor suffer it to be left with him. While they were in suspense upon the next step to be taken, he sent them a message on the 13th of Oc- tober. That he was pleased with their approbation of the scheme concerted by the commissioners of the three colonies, so nearly agreeing with that he had planned in October last, with Governor Shirley and Commo- dore Warren. That he was also pleased that his Council, before the commissioners met, had approved of his proposal concerning the erection of two forts at the carrying- place, and had made it an instruction to their com- missioners to effect it at the charge of the colonies. * Mr. Clarkson, Colonel Philipse, Mr. Thomas, Mr. Cruger, Colonel Bcekman, Colonel Chambers, and Colonel Lott.. 14 m la 1U6 ' ' [Chap. II. He observes, in an air of triumph, that when he had before urged these things, they were to have been executed at the expense of the crown ; and that now they became a colony charge, through the obstruc- tions he had met with by their clogs on the transpor- tation of provisions to the army. He then proceeds to refute the insinuation, that the money raised by his drafts for Indian expenses was not expended; recounts the Indian services; alleges that last year he could not get twenty of them on a scout, but that now Colonel Johnson could col- lect a thousand of them for service ; that this gentle- man had detached many of them from the French ; that their object in the denial of money for these ser- vices, was to wrest the prerogative of making treaties from the crown, and to place it in the hands of popu- lar agents of their own appointing. He accuses them also with a design to share in the military authority of the Executive ; declares he will not consent to it ; avers that Saratoga was burnt; and afterwards aban- doned, by their negligence of his requisitions. He then attempts to justify his me ^sage to confine them to what he had recommended for the care and pre- servation of the colony ; calls their late votes to shut their door, a farce, unless it was designed to exclude his messages ; and if so, in that case he pronounced it a high insult on the King's authority, and the with- drawing their allegiance for a time. He denied their authority to act as an Assembly, except by virtue of the royal commission and instruc- tions, alterable at the King's pleasure. After which he thus expressed himself: " You seem to place it upon the same foundation with the House of Com- mons of Great Britain, and if I mistake not, by the resolves of the 9th of this month, assume all the pri- vileges and rights of the House of Commons of Great Britain. If so, you assume a right to be a branch of the legislature of the kingdom, and deny your depen- dence and subjection on the crown and parliament. If you have not the rights of the House of Commons of Great Britain, then the giver of the authority by vmmmmmibim*' [Chap. II. at when he had B to have been I ; and that now r\\ the obstnic- )n the transpor- nsinuation, that ndian expenses ndian services; t twenty of them inson could col- that this gcntle- om the French ; icy for these ser- ' making treaties J hands ofpopu- le accuses them lihtary authority ot consent to it ; iftcrwards aban- cquisitions. He to confine them le care and pre- ate votes to shut igned to exclude 3 he pronounced ty, and the with- as an Assembly, sion and instruc* re. After which seem to place it ! House of Com- jtake not, by the isume all the pri- ommons of Great to be a branch of leny your depen- I and parliament. >use of Commons the authority by 1747.J 107 H which you act, has or can put bounds or limitations upon your rights and privileges, and alter them at pleasure, and has a power to restrain you when you endeavor to transgress. And I must now tell you, that I have his Majesly's express commands not to sufller you to bring some matters Mito your House, or to de- bate upon them ; and for that reason, the custom has been long established of the Clerk of your House to show every dav to the Governor, the minutes of the proceedings of your House : and it is undutiful beha- viour to keep any thing secret from me, that is under your consideration. In short, gentlemen, I must like- wise tell you, that every branch of the legislature of this province, and all of them together, may be crimi- nal in the eye of the law; and there is a power able to punish you, and that will punish you, if you pro- voke that power to do it by your misbehaviour; otherwise you must think yourselves independent of the crown of Great Britain." He then complained of the late method of serving him, by members, with copies of their resolutions, as ill-mannerly and unconstitutional; &n^ then adds — "This leads me to consider a most indiscreet beha- viour of some of the members of your House, who, in a quarter of an hour after I was served with a copy of your resolves of the 9th instant, came into an apartment of my house, where I was busy, and, with- out the least previous notice, one of them offered to read a large bundle of papers, which, he said, was a remonstrance from the House. Does not every pri- vate man in this country think his own house his cas- tle ? And must your Governor, when in his private apartment, be thus intruded upon ? Would any pri- vate man bear such behaviour in a stranger; and must your Governor bear it with patience ? I think, therefore, from such behaviour, without any other, I had too much reason to refuse to receive it, or to sutler it to be left with me : and from some past re- presentations which have been openly made by your House, I never will hereafter receive any thing from your House in public, the contents of which are not lUD [Chnp. IJ. previously coinnmnicatcd to mc in private, that I may judge whether it he necessary for his Majesty's ser- vice and the puhlic good, to give access to me for that p: ^o8c." He charged their omission to acquaint him of their first meeting, to design; their resolves against his late adjournments and prorogations, as encroach- ments upon the prerogative ; — taxes them with un- reasonable precipitation in adopting drafts '^f repre- sentations, as marks of their being led by a spirit of faction; with an attempt to defame him, and with asserting known falsehoods. To oppose the malignant imputation of his embez- zlement of the Indian presents, he states all his re- ceipts at but eighteen hundred pounds currency; and urges to show the reduction of it before the goods were delivered, the necessary expenditures for main- taining such vast numbers at Albany, private gifts to particular sachems, a sum to the Senecas for a re- lease of thmr claim to Oiwego, the transportation of the Indians in waggons from and to Schenectady, and provisions for^heir return. He insisted that, if they had any suspicions of waste, they ought to have asked information, or complained to the King. He denied that they were moved by any zeal for their country in this attack ; remarks that, though they have put sixty thousand pounds into the hands of their relations and friends, no accounts are as yet exacted. He ascribed their attacks on his friends and assist- ants to malice; and declares that he will withdraw the independent fusileers from Albany, unless they will supply them with provisions as they do others ; de- sires them to reflect whether their conduct is not owing either to a firm principle of disloyalty for de- livering up the country to the King^s enemies, or to support a neutrality with Canada, as in Queen Anne's reign, to the prejudice of the other colonies, or to overturn the constitution; or, lastly, to gratify the [Chnp. IJ.* I747.J luy nto, thai I may Majesty's scr- ccss to inc for int him of their res against his , as encroach- them with un- [Irafts of reprc- d by a spirit of him, and with n of his cmbez- itates all his ro- unds currency; )efore the goods litures for main- , private gifts to ;necas for a re- ransportation of :henectady, and picions of waste, or complained )y any zeal for lat, though they the hands of unts are as yet iends and assist- ill withdraw the unless they will do others ; de- conduct is not isloyalty for de- s enemies, or to in Queen Anne's colonies, or to to gratify the malice of a few, known to hav«* a share in Uieir pii- vatc consultations. He concluded with renewing his dem.uids for se- curing the frontiers and the tid« !ity of the Indinns; and, to prevent delays, informs tluMii (hat hr will noi assent to any bill for issuing (he public uiuney, but a:-} his commission and instnirtiniis direct, or to limit or clog the prerogative respecting the disposition of the troops. " If you make any thing," says he, "contrary to his Majesty's commission or instructions, a condi- tion of your granting the necessary supplies for the safety of the people of this province, I now tell you, that it will be trifling with the lives and estates of your constituents, by exposing them, in this time of danger, without policy, for I never will yield to it." It was agreed by the commissioners, that gun- smiths should be sent to each of the six cantons, ex- cept the Mohawks and Tuscaroras, with goods to the value of three hundred pounds, for presents ; and, as the season advanced, the Assembly signified (15th October) to the Governor their willingness to ad- vance the money on the credit of the confederate colonies, that he might forward this service before winter. But he put them in mind the next day of other provisions equally urgent, especially as he in- formed them on the 1 9th, that the King had laid aside the expedition against Canada, and ordered the troops to be discharged, except such as were neces- sary for the defence of Nova Scotia : and that, by his Majesty's command, he was to recommend it to them to pay their own levies, and trust to a parliamentary reimbursement. The privates had been paid up by the Governor to the 24th of July last, and two months' pay given to the subalterns. He renewed his desire for taking them, or a part of them, into the service of three colonies ; and they immediately voted to pay half of their levies, or eight hundred men, to the first of August, leaving it to the rest of the colonies to act at their pleasure : but they declined the discharge of the arrears, assigning their ^'» n ^>iiii run I . I p i m n . B J 10 [Chap. 11 I Ml poverty and distresses lor their disappointment of the royal expectations. On the 24th of October, the Governor thought pro- per, by a written order under his hand, to forbid James Parker, who usually printed the journals of the House, to publish the Assembly's remonstrance, which provoked Mr. Clarkson to relate, and the rest of the committee to confirm, the history of what pass- ed at the offer of it to the Governor. That they knocked at the outward door, and told the servant who attended, that they had a message. That after retiring to an inner room, he came out, followed by a gentleman, and showed them into it, where they found the Governor, who expressed no displeasure. They informed him that they came as a committee of the Assembly with a remonstrance, and Mr. Clarkson offered to read it, which the Governor would not per- mit, nor suffer it to be left ; on which they decently withdrew, Mr. Clinton only intimating, that this pro- ceeding without the speaker was not parliamentary. Upon this, Parker was ordered to attend, and having produced the Governor's prohibition, a copy of which he had published in his Gazette, they resolved that the attempt to prevent the publication of their pro- ceedings, was a violation of the rights and liberties of the people, and an infringement of their privileges ; that the remonstrance was a regular proceeding; that the Governor's order was unwarrantable, arbi- trary, and illegal, a violation of their privileges, and of the liberty of the press, and tending to the utter subversion of all the rights and liberties of the co- lony ; and that the speaker's order for printing the remonstrance was regular, and consistent with his duty. That the reader may form his own judgment of it, we here give him a succinct analysis of its principal parts. It professes their design to open to him the state of the colony. They conceive that his late messages reflect upon their conduct ; and that his prorogation of the 29th - iiiK t w wi " ii fj ii i i'mmm'mtif^''mm^mm9» [Chap. U ^>pointment of the rnor thought pro- i hand, to forbid d the journals of y'8 remonstrance, ^late, and the rest story of what pass- ;rnor. That they a told the servant ssage. That after out, followed by a t, where they found lispleasure. They 1 committee of the and Mr. Clarkson rnor would not per- hich they decently ating, that this pro- not parliamentary, attend, and having ion, a copy of which they resolved that cation of their pro- rights and liberties t of their privileges; egular proceeding; mwarrantable, arbi- heir privileges, and tending to the utter liberties of the co- der for printing the consistent with his own judgment of it, lysis of its principal pen to him the state messages reflect upon rogation of the 29th 1747.] ill of September and ad^ urnnient of the 5\h of Octo- ber, were designed to prevent their vindication of themselves. Bewailing the alteration of temper and sentiments in the several branches of the Legislature, they proceed to its causes. Their proceedings discover that there was perfect harmony on the 6th June 1746, when the King's plea- sure for an expedition to Canada was announced — all conspired with one heart to promote the service, and his speeches and messages were clear, express, and intelligible ; but ever since he had put his confidence in the person who styles himself, " the next in ad- ministration," arts have been used to distract and divide. • They esteemed his falling into the hands of a man so obnoxious, aiming at nothing but his own interest, a great misfortune to the country. , To prove their suggestions, they proceed to a his- tory of their late intercourse. On the 9th and 1 1th of September they had impor- tuned him to keep up a garrison at Saratoga, and agreed not only to supply but transport provisions to it. On the 16th, they voted for the preservation of Oswe- go, and to consider, (though he had taken all risks upon himself) of ColonelJohnson's demands for sub- sistence, if by unforeseen accidents he was likely to suffer. To the Governor's assertion, that they were ac- quainted with the temper of the Indians before his treaty of last year, they answer with a denial of any such knowledge, on account of the secresy he had affected respecting Indian aflairs, which he had di- verted from their ancient channel by taking the bu- siness out of the hands of the Commissioners, and to this they assign their present perplexity and dis- traction. • They admit the reluctance of the Indians to en- gage in the war; and for removing aspersions observe, that the Coghnawagos, in Canada, are related to the Six Nations ; that they were, therefore, inclined to a neutrality, and the rather as they had declared, be- i-A )'i 112 [Chap. IL 1 cause their wars end only in extirpation ; and they avow the opinion, that such a neutrality would have been most advantageous to the public. Against his boasting of their utility, they deny that there has been any conflict between ours and the French Indians, or that they had brought in more than three French scalps and some prisoners; and impute his magnifying the late treaties, to a design to countenance his drafts on the crown for Indian pre- sents, some of which drafts they suggest as being made the last summer, when no gifts were made, and that therefore he had a considerable sum in bank on that score. They dispute his professions of zeal for the wel- fare of the country ; charge the blood spilled at Sa- ratoga in 1745, to his withdrawing the garrison from that post ; blame him for not ordering the new levies at Albany, to go up and assist the farmers in the vi- cinity of that village to gather in their harvest ; call- ing in the troops from the frontiers to Albany, and then posting them on the opposite side of the river, where they could more easily desert ; for not send- ing out the one hundred and fifty rangers they had raised ; for injustice and unfairness in his agents, re- specting the musters of the army, " a matter," as they assert, " worthy of the most strict inquiry." They then charge him with contemptuous speeches, both of them and their constituents, " from a very early time of his administration, in terms so opprobri- ous as are not fit to be published ;" and, to vindicate themselves from the charge of neglecting the general interest of the colonies, they recite his requisitions, their compliances, and his obstacles to their further designs, by adjournments and prorogations. In the close, they aver that, since the war, the co- lony had Jljxpended near seventy thousand pounds ; and, as a caution against the advice of managing an Assembly by harassmg them with adjournments, they declare, " that no inconveniences will divert them from, or induce them to abandon, the interests of their country." [Chap. If, ition ; and they ity would have .I* , they deny that n ours and the ought in more prisoners; and 3, to a design to for Indian pre- ggest as being vere made, and ium in bank on lal for the wel- 3 spilled at Sa- e garrison from the new levies •mers in the vi- • harvest ; call- to Albany, and le of the river, ; for not send- ngers they had I his agents, re- latter," as they uiry." :uous speeches, "from a very ns so opprobri- id, to vindicate ing the general lis requisitions, to their further itions. le war, the co- usand pounds ; )f managing an urnments, they II divert them lie interests of 1747.] , ,j3 Mr. Clinton alarmed the House by a message, re- qumng supphes for detachments he purposed to make from the m.litia, for the defence of the Lntiers. As nothing could be more disgusting to the multitude than a call to services of that kind, the House dread- cd their rage, and the committee to whom the mes- sage was referred, reported their surprise at this requisition; and, considering the intimation of the fnf'i^nf t^^'-^K.^rK^'S^ ^^^ «^"y' *"^ their late vote to take eight hundred men into pay, for the de- whJ W t- 'v^ ^T^""''^ ''^^^"^^ ^^'^' ^P»»ion» that whilst his Excellency was governed by such unsteady councils, his messages were continually varying and ed wfthT^'/u" " • ' ^"^ •*?."* '^"^y ""^'^ embafrass- ^''rT difficulties in providing for the public safety. Ihe Governor, says the entry of the dav, in the copy brought by their Clerk, (for they did^'not, on this occasion, pursue their late practice of sending 1 hy their members,) and by another message of the 2d of November, reproaches them with fefus- ing to give the King credit for the army's arrears of pay, till provision could be made by Parliament ; and hough they had voted to take eight hundred men of these levies into service, yet have you not, says he, by your speaker, communicated to me as terms of lol ^;tf' that there be a reduction of one half of the pay ot the officers; which no man deserving trust Tnd ?hf ^*' ** ^^^/'.'g helow the earnings of tradesmen SSfnn *K ¥^!-^*^****Tr\ J^'" ^"y »»«" be retained but on the footing on which he was enlisted ? Having no hope of engaging men upon these terms, he saw no way of saving the country vithout the aid of the mihtia; and charged their affectation of surprise to ? xlTf ?!^"'?g ^^® disobedience of the militia. « And for what other purpose," says he, " are the re- flections of unsteady councils, continually varying. &c. thrown out at this time? Certainly councils muft )^ry, as the events on which they are founded do. »^wicils^'' ""^ ^""^^ occasion to any variation in my 15 « r^f* 114 [Chap II. In the reply, they confess that he hacl proposed to retain both officers and privates in the British pay : that on the speaker's ohjectinjT as to the officers, the Governor then expressed doubts of their success, but promised that he would do all he could for the service of the colony, when he had fixed, with Mr. Shirley and Mr. Knowles, a time for the dismission of the army. They therefore repeat their surprise at the requisition for supplies to detachments of the mi- litia, before the result of his consultations respecting the day of general discharge was published; and think this a justification of their late answer of insta- bility, and a proof " that it was neither his intention nor inclination that these forces should be received into the pay of the colony, but rather that, through want of clothing, and other hardships, they should be driven to the necessity of desertion, that the frontiers being by that means left defenceless, he might be furnished with a plausible pretence (in order to ha- rass the poor people of this colony, for whom he con- tinually expresses so great concern) to make detach- ments from the militia for the defence thereof! They conclude, that any further expectation of having the new levies continued on the frontiers, will be vain ;" and immediately voted for raising eight hundred other volunteers. They requested him to issue war- rants, and to take all the proper measures to expe- dite the enlistments, and to pass a bill, then ready, for forming a magazine of provisions at Albany. The Governor refused to see the messengers, or receive a copy of the vote, without the speaker. Upon this, they compelled the printer to publish their remonstrance, and deliver ten copies to each member; and presented an address in form, implor- ing him to pass the bill for provisions, before the win- ter rendered it impracticable to transport them to Albany. It was now the 13th of November. He gave them this answer: That he took blame to himself for passing two bills ' of that nature. He had urged the necessity of the service in his excuse, and he would venture once ..tj^... x i jir iri j i. nil..,.'.., , '".:..,' "'. ..L .'^'-- ' T '." -- ■ "*i""" ' ' * ' ""■' * JHlJW,l, i .l>U i i.H I| lj'n [Chap II. lacl proposed to the IJritish pay : the officers, the f their success, le could for the I fixed, with Mr. the dismission of their surprise at iments of the mi- itions respecting published; and answer of insta- iher his intention ould be received ler that, through >s, they should be that the frontiers ess, he might be 5 (in order to ha- for whom he con- to make detach- ce thereof. They ion of having the rs, will be vain ;" g eight hundred him to issue war- neasures to expe- bill, then ready, ts at Albany, le messengers, or : the speaker, printer to publish jn copies to each js in form, implor- ns, before the win- transport them to )vember. He gave ir passing two bills le necessity of the )uld venture once 1747.] ,,^ more; but warned them, in their bill for paying the iorces, to insert no clauses derogatory to the pTero- gative, but to guard against misapplications and em- bezzlements He added a demand of provisions for the independent companies at Albany, who, for want ol supplies, were upon the point of deserting. On the 25th of November he passed the provision bill; another for a new tax of twenty-eight thousand pounds, for the defence of the frontiers, with two others of lesser moment; and then delivering his w 'V free speech, he dissolved the Assembly. nnw!»f 1 • "^•"'^'' ^^'^'■^"^^ ^^'«' "«»• * composition published in answer to it, under the title of "A Let- ter to the Governor," from some of the members, as they lead to a repetition of the history of transactions, ^ the relder^ ^^' ^^^^^^ exhausted the patience ^nJ^tlf'lu''^^ '" ^^^ printed journals of the House, Dnrfor r 'i^' ^Peci^ens of the Scribbling talents of • K [i^u ^^" ^"J? ^^' Horsmanden, the latter hav- Sflanrl f ^^^ I'^'u^t Assembly, or rather for Mr. Delancey, for which he was suspended from the Council, and removed from that bench and the Re- corders place, and cast upon the private bounty of the party by whom he was employed, applauded, and ruined: for such was his condition, until he raised himself by an advantageous match, and, by forsakine his associates, reconciled himself to Mr. Clinton when that Governor broke with the man, whose in-* discretion and vehpfronce the Chief Justice had im- proved, to expose l.tl. to the general odium of the colony. Until his marriage with Mrs. Veser, Mr Horsmanden was an object of pity ; toasted, indeed,* as the man who dared to be honest in the worst of IS ?l^^ ^ 'r *'«••»»'« "eals, and, by the impor- tunity of his creditors, hourly exposed to the horrors ri^l*^ A iT *?''"*'^ *"^ irreconcilable enmity to Doctor Colden, by whose advice he fell, and to Mr. Uelancey, whose ambitious politics exposed him to > the vengeance of that minister. ^ 81 vm^'VfimiK' 116 [Chap. II. Mr. Clinton could not hope for any change of mea- sures by the late dissolution. He saw Mr. Jones again speaker ol the House, and all the chief leaders of the last came up to the Assembly, on the 12th ol February, 1748. r .u i « The first object was the execution of the plan agreed on by the commissioners, 28th of September last, approved by Connecticut, and all but the eleventh article, by Massachusetts Bay, with some alterations: then he called their attention to the In- dian interest, and the employing p?T ties from these tribes to scour the woods; to the civil list not pro- vided for last fall ; an augmentation of Colonel John- son's allowance for provisions to the garrison ot Os- wego; repairs of forts, and supplies of ammumtion; rewards for scalps; the maintenance of prisonere; the charges of transporting and victualling the levies on the frontiers; the removal of the cannon fromba- ratoffa to Albany; necessary expresses; gunsmiths in the Indian countries ; the rent of his house ; com- pleting the new mansion in the Fort, stables, and other conveniences; and after persuading to har- mony, promises his concurrence in all measures con- ducive to the King's service and the interests ol the *^**He'^had a very short address from the House, inti- mating their satisfaction in his promises, as ends truly worthy his pursuit; promising attention and despatch, but expressing some discontent with Massachusetts Bay, for not ratifying the compact framed by the commissioners. i. . * n- *u ♦ The Governor informed them of intelligence that preparations were making in Canada for an attack on the northern parts of this colony ; and hoped, as Mas- sachusetts had substantially concurred, their altera- tions in the compact would be no obstacle to our exertions against the enemy. But they immediately after voted, thai the alterations would in a great mea- sure defeat the end proposed, and thaUthev would not agree to them. [Chap. II. :hange of mea- law Mr. Jones e chief leaders on the I2th of >n of the plan 1 of September d all but the Say, with some jntion to the In- T ties from these vil list not pro- DfColonelJohn- garrison of Os- of ammunition ; ce of prisoners; nailing the levies cannon from Sa- jsses; gunsmiths his house ; com- [ort, stables, and rsuading to har- all measures con- e interests of the 1 the House, inti- ises, as ends truly ion and despatch, ith Massachusetts ;t framed by the " intelligence that 31 for an attack on id hoped, as Mas- Irred, their altera- ) obstacle to our they immediately lid in a great mea- that»thev would 174a.] 117 He then communicated a letter from the Duke of Newcastle, directing measures for cultivating the In- dian fidelity, at the expense of the crown ; and ad- vised their improving tliis juncture for concerting some vigorous enterprise, in conjunction with the other colonies, against the common enemy. On the 19th oi March, and when no cross incident had as yet intervened, the House adopted the mea- sure, 60 oflen recommended, of appointing an agent in Great Britain. They voted two hundred pounds for this purpose, among the other provisions in the annual bill for the civil list ; and, to facilitate the de- sign, introduced the vote for an agent to apply for his Majesty's assistance and to manage our public affairs, with the following preamble : ^^ As thifs colony is so situated, that its northern frontiers are a barrier and defence to all his Majesty's other colonies to the southward on the contineht, and lying nearest to the enemy, is continually exposed to their incursions and ravages ; to prevent which, it has long been, and still is, exposed to a very great and insupportable ex- pense, in building fortresses and maintaining forces for its defence, being at this juncture obliged to keep nearly one thousand men in continual pay on its northern frontiers, by which means the southern co- lonies are in a ereat measure secured and defended from the incursions of the French and Indians from Canada, without contributing any thing towards the heavy expense thereby occasioned.'' The real design of this, was to elude the necessity of the Governor's concurrence in a le islative ap- pointment of the person, and to engross the agent by his dependence solely on the pleasure of the House, for they meant to make him their own servant against the Governor; and the sequel will show their success. Mr. Clinton repeated his instances, on the 30th of March, for a united attack upon the enemy, as con- ducive to our own safety; the recall of their emissa- ries from the Indians, with whom they were intriguing; and to encourage the Assembly, engaged at the ex- pense of the crown, to keep any fort they might take. H« [Chap. 11. But he could only procure a vote approving the de- sign, and promising to pay the expense of commis- sioners in meeting to concert a plan ; and a few days afterwards the session ended, with apparent harmonj, several bills having been previously passed, viz.: for a military watch ; building block-houses; the defence of the frontiers ; raising eighteen hundred pounds more for a college ; and the payment of the salaries of the Governor and other officers for a year ; to which the Assembly had also tacked a reward of one hundred and fifty pounds to Mr. Horsmanden, for his late controversial labors, under the pretext of draft- ing their bills, and other public service. But as it might have been, and perhaps was foreseen, the House, just before they were called up to witness the Governor's assent and subscription, named Robert Charles, Esq. for their agent at the Court of Great Britain, and authorized their speaker to instruct and correspond with him, and at present to direct him to oppose the royal confirmation of a late act in JNew- Jersey, respecting the line of partition, conceived to be injurious to this province. , , . , , Mr. Charles's appointment gave the highest plea- sure to the party who led the opposition against the Governor, and not without reason; Mr. Warren's ac- tivity at Louisburgh having procured him not only an interest at court and a knighthood, but vast popular applause, and excited his hopes of procuring, what his wife's relations of the Delancey family ardently wished for, his appointment to the government of this colony. The Newcastle interest in favor of the pos- sessor, had hitherto rendered the colony pohtics un- successful, and there was a necessity for some pointed exertions against him by an agent at court, to im- prove and give them success. They now had this advantage : and on the very day Mr. Charles was no- minated, Mr. Speaker Jones despatched a letter to him, which, as it exceeded the authority given him by the vote of the House, gives some countenance to Mr. Clinton's assertions, which every one knew to be [Chap. 11 oving the de- e of commis- nd a few days rent harmony, ssed, viz. : for } ; the defence ndred pounds >f the salaries jr a year; to reward of one nanden, for hia etext of draft- ice. But as it foreseen, the ) to witness the named Robert Court of Great to instruct and o direct him to ate act in New- n, conceived to le highest plea- tion against the r. Warren's ac- him not only an lut vast popular procuring, what family ardently krernment of this avor of the pos- lony politics un- 'jr some pointed tt court, to im- y now had this I Charles was no- Iched a letter to lority given him countenance to one knew to be 1748.J 119 true, that the late Assembly had been influenced from without doors.* The Governor and his Assembly came together again on the 21st of June, when lie informed the House, that unless the Indians could be engaged in some enterprise, he fearetl their total defection, and pressed the attack on Crown Point. He purposed to meet them and distribute presents in July, at the ex- pense of the crown ; and proposed an act to prevent purchases from the Indians, of arms, ammunition, and clothing, and sales of rum to them, without his license. He asks money ibr new fortifications, according to the plans of Captain Armstrong, an engineer sent out to direct in that business ; recommends the defence of their commerce against privateers then infesting the coast ; provision Tor maintaining French prisoners, and the redemption of our own people, and rewards for scalps. * The Totc was this :— «' Qlh April, 1748. " Ordered, — That the speaker of this House for the time being, do hold and correspond with Robert Charles, Em. ".gent for this colony ia Great Britain ; and that he do from time to time sign and transmit to the said agent, such instructions, directions, and representations, as shall be judg^ proper to be sent to him for his conduct J' Mr. Joneses letter is in these words : — ••JVew-ForAr, mh April, 1748. " Sir,— In consequence of a recommendation of Sir Peter Warren, you are appointed agent for this colony, with a salary of two hundred pounds per annum, New- York currency, for transacting the public affairs thereof in Great Britain. You are to pursue all such instructions as shall from time to time be sent you, signed by me, as speaker of the General Assem- bly ; in the execution of which instructions, you are always to take Uie ad- vice of Sir Peter Warren, if in England. You are to take all opportuni- ties of advising me, n the speaker of the General Assembly of this colony for the time being, of all your proceedings on the several matters as shall from time to time be given you in charge, and of all other matters which may occasionally happen, whereby this colony may be any ways affected. You are not only to take such opportunities as offer direcUy for New- York, but to transmit accounts both by way of Boston and Philadelphia, as occa« sion may require. You are to keep an account of the expense you may be necessarily put to, in your applications for the service of this colony, and transmit them to me, or the speaker of the General Assembly for the time being, in order for payment. I send you the act wherein you are ap- pointed for this colony, passed but this day, so that I cannot yet write to you 80 fully as I expect shortly to do. In the mean time, you are to observe the preceding directions, and those that follow, to wit : You are to endea- vor to obtain the royal assent to the three following acts, to wit : "An act 120 [Chap. n. Mr. Clinton had, on the 18th of February last, given the command of the troops in the pay of the colony, for the defence of the frontiers, to Colonel Johnson ; the same who, living in the Mohawk's country, on the route to Oswego, had been contractor for supplying the garrison there with provisions, and he took this opportunity to ask an allowance for his trouble. The House gave a vote of credit for a flag to Ca- nada for an exchange of prisoners; expressed sur- prise at his urging the Crowii Point expedition, since the Massachusetts province would not ratify the compact of the commissioners, and had withdrawn their stores from Albany ; agreed to take up the other matters recommended in the fall ; and now only sent up a bill, which was passed, agreeably to his own re- quest in the message. They sat but ten days, ind without open animosity, though a motion of Colonel Beekman's had given an opportunity to revive it. for limitinK the continuance of General Auemblies, passed in the seven- teenth year of his Majesty's reiyn," not yet approved of by hia Majesty ; «« An act for appointing^ commissioners to take, examine, and state the pub- lic accounts of the colony of New-York, from the year 1713;" and "An act for the more effectual cancelUng the hills of ci.idk? of this colony," the last two passed this day. If the reasons on which i j said acU were seve- rally founded, contained in their respective preambles, are not judg^ suffi- cient to induce an approbation, you are to endeavor to prevent their being rejected until you can advise the General Assembly of it, and have their further directions. An act having lately, as we are informed, been passed in the neighboring colony of New-Jersey, for settling the boundaries be- tween that province and this, which we apprehend may, in its consequen- ces, greatly affect the property of many of the inhabitants of this colony, and very considerably diminish his Majesty's revenue arising by quit-renU, you are to endeavor to prevent its receiving the royal assent, until tbia co- lony can have an opportunity of making their objections, and of being heard against the said act." , , . •_ It is worth a renfvk. that Mr. Charles afterwards informed the speaker, tliat the septennial act had not been transmitted to the Board of Trade ; and that Mr. Jones, in his answer by his letter of the 2d of June, 1749, writes thus:— "Since yon cannot find that the act of this colony, for limit- ing the continuance of the General Assembly, has ever been transmitted, you need give yourself no further cciicern about it, until you find it receiv- ed at the Office of Trade and Plantations." There w mted no motive at this « jine to censure the concealment of that popular law from the eye of administration, it it could only be charged upon the Governor: but the boldness of the measure is equal to tlie art of the leaders of the day when it passed. It remains a secret who advised to it, and peritaps because both parties diiaced in the guilt. [Chap. II. lary last, given of the colony, onel Johnson ; country, on the r for supplying d he took this is trouble. )r a flag to Ca- ex pressed sur- Lpeditton, since not ratify the had withdrawn ,ke up the other i now only sent y to his own le- t ten days, i nd ition of Colonel to revive it. passed in the soren- rcd of by his Majesty ; line, and state the pub- iear 1713;" and "An lif of this colony," the I , said acU were Mve- BB, are not judg^ed suffi- to prevent their being f of it, and have their informed, been paaaed Dg the boundariee be- nay, in its oonsequen- bitants of this colony, e arising by quit-renU, al assent, until this co- ijeotions, and of being I informed the speaker, to the Board of Trade; [the 2d of June, 1749, l)f this colony, for limit- lever been transmitted, luntil you find it reoeiv- •e w mted no motive «A »r law from the eye of [the Governor: but the laders of the day when i perhaps because both J/'ia.J 121 Certain tlischargod soldirrs of a romnnny, enm- inandcd by Captain Ross, raised for the Canada expedition, had sued, and others intended to brinj; actions pgainst liim, for tlieir pay. The Governor had written to a county court Judj^e, and Cathcrwood his Secretary, to the (Jlcrk and Shcrifl', against the issuing and service of the process. The House, agreeably to the motion, appointed a committee to make the proper inquiries, and report their opinion. But nothing turther was done; for the Governor, upon sight of the journal, wrote to the speaker, own- ing that letters were written touching deserters, and oiuy recommending it to the officers of the courts to put a stop to the claims of deserters with his Majes- ty's arms and clothing, who had thereby forfeited their pay ; and that if this could be construed a vio- lation of the laws, it was owing to inadvertency, and without any injurious intention, and that he was ready to recompense all damage the public had sustained. The House referred this letter to a committee of the whole, and took no further notice, at that time, of Mr. Beekman's information. When they met in the autumn, (14th October,) ho congratulated them on the prospect of peace, and complained of inequitable terms proposed by the Governor of Canada for a release of prisoners ; and asked a five years' support, agreeably to precedent in the times of his predecessors. Hunter, Burnet, Montgomery, and Cosby ; said he had not started ob- jections to the annual provisions on account of the war, the advice he then received^ and his desire to give content ; but that he now thought it a proper time to resist the innovatior^s which had weakened the King's government ; that he should consent to their annex- ing the salaries to the officers in the act, but not to the officer by name. He then urged a discharge of two thousand one hundred and thirty-eight pounds, withheld from Colonel Johnson, by reason of the de- ficiency of the fund out of which he was to be satis- fied ; provision for arrears to the army, for expresses, 16 1-2-2 [i:\iiX[h{\. the exchange ol piUoiiins, aiul the linirthing the new edifice at the Fort. This was raking up the oU) embers, and disagree- able to every body but Cohletj and Delaiicey. Their address intimated a disinchnation to continue the rangers in pay; that the three independent compa- nies at Albany (which ought to consist ol a hundred men each) would suffice, with the old peace garrison at Oswego. , , • i Their ill success in the Canada cartel, they impute to the low characters of the envoys he had sent to Mr. Vaudreuil, the Governor of that country. They declared that they would not depart froni the modern method of annual support bills ; adding, with Mr. Horsmanden'spen, that "had the salaries been annexed to the office, himself (under the un- happy influence he then was) would have filled the office of third Justice of the Supreme Court, with some m unworthy person in the room of a gentleman of expe- rience and learning in the law, whom you removed from that station without any color of misconduct, at least as we ever heard of, under the sole influence ot a person of so mean and despicable a character, (as the General Assembly has several times heretofore occasionally signified to you,) that it is astonishing to us that your Excellency should persist m submit- ting your conduct to his sole counsel and guidance." They told him not only that he was well advised when he first assented to the annual support, but that '« he did it for ample and sufficient reasons, and good and valuable considerations, as we have understood, in acceding to those terms." . -^ , After a copy was sent to the Governor, he signihed by a message, that they had shown no regard to de- cency, and that he should not receive such an ad- dress. He then repeated what was most necessary for the public service ; says his envoys to Canada were the best he could get, and adds, "you are pleased to give the characters of sone persons, that I have had better opportunities to kno\v i an you can have had: [( llln». II. ir^hiiif; the wvw , and iVisagrco- laiicey. Their continue the endeut compa- it of a hundred peace garrison Icl, thev impute he had sent to country, lot depart from rt bills ; adding, lad the salaries (under the un- 1 have filled the [^ourt, with some itleman of expe- Dtn you removed )f misconduct, at sole iniluence of a character, (as times heretofore it is astonishing ersist in submit- and guidance." ivas v^'ell advised support, but that easons, and good lave understood, rnor, he signified no regard to de- eive such an ad- necessary for the Canada were the u are pleased to 8. that 1 have had aucan have hadi 174«.j 123 however, I believe that b^' this j.aper, (the address,) some men's characters will he very evident to every man who shall read it, and who has iIjc least sense of honor." On thiB, tiicy made an entry of the declaration of their messengers, who were sent to know when he would receive the address in substance, that he said he had not seen a copy of it; on which they had given it to him without any order of the House so to do : and thereupon they resolved, that it is irregular, and contrary to the course of parliamentary proceed- ings, to send a copy, and that the Governor had no right to insist on such a copy ; that it was their right to have access to him on public business ; that liis denial of access was a violation of their rights, con- trary to his solemn promise to the speaker, tending to the destruction of all intercourse, and to the utter subversion of the constitution ; and that whoever ad- vised it, had endeavored to create dissensions, stop the intercourse for public business, and is an enemy to the General Assembly of this colony, and of the people whom they represent. Notwithstanding these violences, the Governor passed three bills- on the 28th of October: one for reviving that to raise eighteen hundred poonds for a college by a lottery ; another to continue the duty act for the support of government ; and a third, for the payment of the forces. On the 12th of Novem- ber, he sent for them again, and passed three more bills, and then, in a speech in answer to their re- solves, observed : That it was his duty to preserve the King^s autho- rity ; that they violated the rules of decency, and were answerable for the consequences; that their right to access, and his promise to allow it, are con- nected, and both to be, when the King's service and the public good require it, of which he had a right to judge as well as they. He then censures their appealing to the people instead of the Crown, to whom he had told them he should send their paper of address. 124 [Chap. II. m He confesses that he passes some of their bills with reluctance, and only on account of the public exi- gencies ; and then put an end to the services of the year, by a long prorogation to tlie 14th of March. The poverty and number of the public creditors, and tlie sufferings of the unredeemed captives in Canada, called for an earlier meeting of the Assem- bly than the 28th of June, a season of all others most inconvenient to a Senate of husbandmen, who were just then entering into their harvests. The Governor iiad need, therefore, of an apology for postponing the session ; and his expectations of direction from go- vernment on the modern mode of providing annually ibr the civil list, was the pretext for this delay. The speech held up no other object to their attention : , what he demanded was a revenue, and the payment of debts, in a manner conformable to the directions of the King's commission and .instructions. Having at the last session passed the revenue bill, without another to supply it, which had not been offered to him, he now observed, that there was money in the Treasury granted to his Majesty, not a farthing of which he could pay out. This he called an incon- sistency, repugnant to the constitution, prejudicial to the King's service, and which, he said, must be reme- died : and he required an answer in direct and posi- tive terms, before they took up any other business, whether they would grant a revenue agreeably to royal directions, or not. With a copy of his speech, he gave them a clause of his commission, dated 3d of July, 1741, declaring it to be his Majesty's pleasure, that all public monies be issued by the Governor's warrant, with the advice of the Council, and disposed of for the support of go- vernment, and not otherwise ; with copies of the tif- teenth and thirty-second instructions of the 10th of September, '1741 ; the former requiring, that no law for any imposition on wine or other strong liquors, be be made to continue for less than one whole year; and that all other laws for the supply and support of government, be indeiinilo and without limitation, ' S^: n v ' *' u » i. ' ^ WT - »r**^^'«i^ ' wi w *' ' i^g" * ■ — "■ " " ^ ■ '^•"' -- y ' I i p i ifficers are paid, that it makes any dif- ference whether the provision be annually, or for a given terra of ye'ars ; that they retain the opinion they suggested last autumn, having since received no new light, that the distresses of the public creditors are imputable to his prorogation of the 12th of Novem- ber, by which the application bill was lost : they re- mind him of their votes for the redemption of the captives; and conclude with asserting, that "the faithful representatives of the people can never re- cede from the method of an annual support." The Governor refused to receive this address, un- til he had a copy of it ; and they resolved, as before mentioned, that he had no right to insist upon it. He, on the other hand, alleged, that the King al- ways had copies of addresses before they were pub- licly preferred, and that such had been thp usage in this colony; and that he claimed a right to know their transactions, because he had authority to re- strain them to a dus course. Taxing them with heat i 'f i i i ■ i . 126 . L^^'iaP- "' and precipitation, he observed, that they met after nine o'clock, when they received and approved the address ; and that the messengers were with him for fixing a time to present it, before ten the same morning. Confessing now that he had seen it in the minutes brought by the Clerk, he informed them that they might present it immediately. This done, he adjourn- ed them from the 7th to the 1 Jth ; and the day after, by a message, he observes, upon the difference be- tween his conduct and theirs, that after every proro- gation, he spoke as though they had never disagreed, but that they constantly calumniated his administra- tion. He proceeds then to vindicate himself from the suggestions, that the non-redemption of the Canada captives was his fault ; that he could not find a man who would perform any services for them upon the credit of their resolves, nor was it to be wondered at, since they had not, though urged to it, paid the ex- penses of the last flag, contracted on their vote of the 27th of June, 1748. He complains of their pervert- ing his speech, with a view to mislaid; denies that his present demand was for a five year^upport, but that it chiefly referred to the method of issuing pub- lic money ; that he knew the sentiments of adminis- tration, " and they might have at least guessed at them, by the bill lately brought into Parliament, and published in this place, for enforcing the King's in- structions.* It is an essential part of the English con- * A bill to regulate and restrain paper bills of credit in the colonies, pre- vent them from being a tender, and to enforce the King's instructions. It was ordered to be brought in the 16th of February, 1749, by Mr. Horatio Walpole, Lord Dapplin, Mr. Alderman Baker, and others. It had been long in agitation at the Board of Trade, and was nearly on the model of one brought into Parliament four years before. Mr. Charles gave early notice of it to the speaker, by a letter of the 2d of March, 1749. The last four clauses insidiously gave the royal instructions the efficacy of laws. It was at first little adverted to, and when its tendency was discovered, the advocates disowned the intention ascribed to it. When the counsel were ready, (Ist of Mav, 1749,) they were directed by the speaker to confij'e themselves to the first parts of it, in consequence of a declaration made by some of its promoters, that the other parts would be dropped, f'le bill, after debate, was postponed for further information concerning the state ot the paper currency in the plantations, and the King applied to for orders ou that subject. Mgj^jgje^ . yjj j Bi^aaji,%iiia^^ '" ' JWHWW [(Jhap. IL they met after 1 approved the re with him for e same morning. in the minutes them that they »ne, he adjourn- il the day after, ! difference be- er every proro- lever disagreed, his administra- limself from the I of the Canada [ not find a man them upon the be wondered at, it, paid the ex- their vote of the »f their pervert- •kl; denies that ir^upport, but I of issuing pub- G*nts of adminis- east guessed at Parliament, and ig the King's in- the English con- dit in the colonies, pre- King's instructions. It , 1749, by Mr. Horatio d others. It had been nearly on the model of At. Charles gave early jf March, 1749. The )ns the efficacy of laws, icy was discovered, the kVhen the counsel wer« r the speaker to confine r a declaration made by be dropped. T'le bill, concerning the state of Ig applied to for orders 1749.J 127 btitution, that ihc power of g't-anting the money and of issuing it, be in different branches of the constitu- tion, as the best method to prevent misapplication ; tor if those who grant the money, had likewise the power ofdistributing it among their friends and rela- tions, under any pretences of public service, there can be none to call them to account for niisapplica- t^ 1." And again ; " You have given money to pri- vate persons for services not recommended, and for services of which 1 to this 3ay remain ignorant; and by mixing of the grants in the same bi'» wherein you provided for the support of governmeia, or other ne- cessary services, you put me umicr the necessity of giving my assent to them, or of leaving the govern- ment without support. This is so dangerous an in- vasion of his Majesty's preroga >e, and so injurious to the people of this province, that you may assure yourselves it will not be suffered to continue." He importunes them for satisfaction to Col. John- son; and closes with eYitreating them to consider •' the great liberties they are indulged with, and what may be the consequences, should our mother coun- try suspect that you have a design to lessen the pre- rogative of the Crown in the plantations. The Ro- mans did not allow the same privileges to their colo- nies which the other citizens enjoyed ; and you know in what manner the republic of Holland governs her colonies. Endeavor, then,^ to show your great thank- fulness for the great privileges you enjoy." The House tells him, by another address, thai ho had renewed the differences by the demand of a five years' support. They had agreed suddenly to their last address, but it is true, and not the less so for be- ing spoken in half an hour. They see still no reason why the captives were not released : their waiting for accounts, was the cause of their delay in provid- ing for the expenses of the late flag, and the satisfac- tion of Colonel Johnson's-demands. To his boast, that he had neither invaded liberty or property, tliey reply with a wish, that the breach upon the store- at Albany, the letters to the Judge, i "•VMynwnniWVTW^W" via [Chap. II. Sheriff; and Clerk of Dutchess, and his attempts upon the liberty of the press, were buried in oblivion. They submit to the judgment of tho world, whether the object of his last speech is not an indefinite sup- port. They insist that many services are provided for by Parliament, not recommended by the Crown ; that for every provision they make, the act mentions the service ; that it is himself that endeavors to mis- lead the people. They admit it to be the usage of Parliament to raise sums tor uses, and leave the dis- position to the King : but there is a difference be- tween Kings and Governors — the case of a people under the royal eye, and those f\t a distance. The King can have no interest disunited from his sub- jects, and his officers are amenable to justice in 'Great Britain: but Governors are generally stran- gers, aiid without estates, in the pjaces they govern ; seldom regard the welfare of the ^people : uncertain in their stay and offices, all engines are contrived to raise estates; and they can never want pretexts for misapplication, if they had the disposition of money. Nor can there be any redress; the representatives cannot call them to account — they cannot suspend the Council : the Lords of Trade have thought it reasonable to oblige the Assembly, as much as pos- sible, with the disposition of public money ; they will not believe the Km^ has other sentiments. The Governor refused this address, but proposed to throw the services not recommended by him into a separate bill ; and sent them a copy of his twelfth instruction, importing, that for. different matters dis- tinct laws be enacted, but nothing foreign from the title inserted, and that there be no impHcative re- peals. The House, flamed again, renewed their resolves on the right of access, and the enmity of his adviser ; refused to proceed, until they were satisfied for the injury their address received ; and that they would then provide for the public creditors, whose disap- pointments they impute to his prorogation of the 12th of November. >»««Preign from the implicative re- d their resolves of his adviser ; satisfied for the hat they would s, whose disap- rogation of the 1749.] 129 To these which they sent him, he returned his for- mer answer, tlial the add understanding, prevailed upon to son the TthofOc- 53,) calculated to >f the Jersey act, partition so much astern part ol that irs for plantation affairs at 1 of the Jersey act. Mr. to Mr. Jones in his letter ge to the popular party of passed by the Legislature and division between that The Lords of Trade were easily excited to espouse the cause of the Governor, and began an exhibition of the state of the colony to his Mnjesty, but proceeded so slowly that Mr. Clinton's hopes of a victory over the Assembly, whom he had frequently prorogued in expectation of it, were exhausted. He, therefore^ dissolved the House, determining, if he was not sup- ported by the ministry, to give way to the anti-Cos- byan doctrine of annual supplies, and the rather, be- cause it was impossible for him to form a party in his fovor, till the clamors of the public creditors were appeased. Mr. Jones had the honor to be seated again in the chair when the new Assembly mot on the 4th of Sep- tember 1750, in which but six new members were in- troduced. The business opened by the speech was, the sup- port of Oswego, an attention to the Indians, provision tor the officers of government who had been two years unpaid, and the discharge of the public debts. In frammg bills for raising money, he recommended a province and this, and was at the same time informed, that the Jersey oro- pnetors intended to apply for his Majesty's royal approbation of the same. 1 here have been many disorders committed on the borders of these pro- vinces, occasioned by the lines remaining unsettled. Of somo of these dis- orders I had information given me by the late Governor of New- Jersey bv whom I was required to join in the settlement of the line, pursuant to acts then and still in force in both provinces for that purpose; which I should f^^^'}' f' *""*' "'?"" '"1"'"ne into 'he matter, I found thai ihesum 01 ;fc300, formerly raised in this province by act of the 4th King Geo I had been long ago drawn out of the treasury and paid to commissioners ind surveyors employed in that service and are since dead, and no other monev was ever appropriated in this province for that service that I can learn I also found, that all the lands along the line, for many miles within this province, were granted away to private persons, upon trifling quit-rents to the owners of the lands. I referred the matter, and recommended an ami- cable agreement between Uiem and the Jersey proprietors, who had a meeting for that purpose, but nothing was agreed upon. As it does not ao- pear to me, that the interest of the Crown or of this province, in general are in any ways cone irned in the matter, but only the patentees of the lands along that line, I shaU decline giving your Lordships any trouble in the affair, leaving it to the particular persons concerned to take such stens as they shall think proper. Thus much I thought it necessary to say m order to explain the reasons of my conduct in this affair, and am with great " Fort George, in the city of JVew- York, llh Oct. 1718." M Mi """"^^M'ly^sw^?^^^"''' 132 [Chap. II. ■i conformity to his commifsion and instructions, re- marking, that these were planned at the revolution by those great ministers so distinguished bjf their knowledge and zeal for the constitution. This was thought necessary, not only to prevent a popular tri- umph, but that the Governor might not, by the arrival of any instructions, be exposed to retract with dis- grace. Besides, it inspired the House with some dread, many of the public creditors imputing their disappointments rather to party rage than patriotic designs. The Assembly, unwilling to cavil at the commencc- meut of the session, presented a short and cold ad- dress—thanking the Governor for his promise to pro- mote the peace and prosperity of the colony, and giving him theirs of an immediate attention to what he had recommended. The session continued to the 24lh of November, the Governor and his Assembly proceeding with equal caution. They fearing that he would reject the annual support bills, and he their keeping them back. Both were, therefore, pleased at the close of it, for thirty-five acts were then passed of general or parti- cular utility : the currency of paper money prolong- ed ; the credit of our staple of flour secured ; most of the public creditors satisfied; the arrears of the officers of government paid, and provision made for them and the agent for the ensuing year; and the digest of the laws of the colony, beginning at the revolution. Among the causes for the present moderation of the Assembly, I must not omit the intelligence of the attention of government to the true sources of the public animosities. It was communicated to the House by Mr. Charles, and it cooled the ardor of their leaders. " I am informed (says he in his letter of the 29th of March 1750) that the Board of Trade are now preparing a representation of the state of the province of New-York, to be laid before his Majesty in Council; and I understand, time will be given to i»W« Kprnmrnf [Chap. II. instructions, rc- t the revolution uishcd bjr their tion. This was nt a popular tri- at, by the arrival etract with dis- ouse with some } imputing their ;e than patriotic t the commence- ort and cold ad- 8 promise to pro- the colony, and ttention to what Ih of November, proceeding with would reject the eping them back. le close of it, for general or parti- r money prolong- ir secured; most he arrears of the ovision made for ng year ; and the beginning at the !nt moderation of ntclligence of the le sources of the nunicated to the the ardor of their in his letter of the ard of Trade are ■ the state of the )efore his Majesty i will be given to 1750.] 133 all persons interested to be fully heard, before any determination shall be made thereupon." It was at this session that the ey .ise of opposinn- the Jersey partition act was voted to be a provincial charge, an advantage derived to the New-York pro- prietors from the party spirit of that day, influenced by the Delancey tamily, and stimulated, in part, by a small interest they then had in the patent of the Mi- nisink, affected by the Jersey claim; but much more to sacrifice to the idol of popularity, and cross the new confidants on whom Mr. Clinton now relied. It will appear in the sequel, that they duped their coun- trymen more for the same views, till they were no longer of any use to their ambition, and that when one of the demagogues of that House became himself, several years f> terwards, a proprietor of New-Jersey, the interest of New-York was abandoned, and by his influence and artifice sacrificed to his avarice. Mr. Speaker Jones's letter to the agent showed not only the spirit and idea of the Assembly respecting the New-York title, but Chief Justice Delancey's opinion was then sirenuously contended for in all companies by him and his party. Mr. Charles had hinted at the propriety of leaving the controversy to commissioners, as the proper mode for settling it ; to which it is answered^'' As to your intimation of hav- ing commissioners appointed for ascertaining the line of partition, I am to acquaint you, that inasmuch as the Crown is concernetl as well as many hundreds of his Majesty's subjects of this colony, we choose to have a hearing and rely on the merits of our cause, unless the agents for New-Jersey will agree to be governed by the boundaries of the patent, granted by King Charles the second to his brother James Duke of York, the 12th March, in the 16ih year of his reign, which boundaries, given by the Crown to the Duke of York, are as follows, viz. — ' All that isl- and or islands, called by the several names of Maso- wacks or Long Island, situate, lying and being to the west of Cape Cod, and the narrow Higgansett, upon the main land between the two rivers there called or "jgjl j i;jgj i ,w IJl [Chap. II. known by lh<^ several names ol Connecticut and Hud- son's river; together with the said river called Hud- son's river, and all the lands from the west side of Connecticut river to tlie east of Delaware bay, with the powers of government.' If then the Jersey agents will agree, that the head of Delaware bay, which is at Reedy Island, is their north bounds on Delaware, which wc conceive is conformable to the patent from King Charles the second to the Duke of York, and run a line from thence to the latitude of 41 degrees on Hudson's river, we are willing commissioners should be appointed to see the line run ; for as to the boundaries described in the patent granted by the Duke of York to John Lord Berkley, &c. we con- ceive, they are no otherwise to be regarded in this dispute than as fixing the north bound on Hudson's river, because the said Duke could not extend his grant to them higher on Delaware bay or river than was granted to him by his brother King Charles the second ; the north boundary of which grant from King Charles we take to be at Reedy Island, or the head of Delaware at that place where that river divides it- self into two branches, commonly called the Forks of Delaware, and run a line from thence to forty-one degrees of latitude on Hudson's river — this colony, with the assent of the Crown, will agree to it, and that commissioners shall be appointed to see it run; otherwise you are to proceed to a hearing, and to in- sist on the boundaries granted by King Charles to liis brother the Duke of York." So early as at this time Mr. Clinton gave notice of the activity of the French emissaries in practising upon the Indians on the river Ohio. He proposed a treaty with them in conjunction with Mr. Hamilton the Governor of Pennsylvania, to secure their fidelity. The Assembly excused themselves in an address, on account of their burdens during the war, of which that province, though benefited by them, had borne no part. The Governor gave them a calm answer, and offered his services if they would provide for the expense. The House then voted eight hundred 11. II I ll^lpll,l [Chap. 11. t!licut and Hud- er called Hud- lie west side of Lware bay, with c J crsey agents 13 bay, which is 8 on Delaware, the patent from B of York, and ; of 41 degrees commissioners in ; for as to the granted by the ey, &c. we con- egarded in this nd on Hudson's not extend his ly or river than ing Charles the grant from King 1, or the head of river divides it- ailed the Forks ;nce to forty-one er — this colony, agree to it, and ed to see it run; aring, and to in- ig Charles to his >n gave notice of les in practising He proposed a Mr. Hamilton the re their fidelity, nan address, on e war, of which them, had borne a calm answer, d provide for the I eight hundred i7iO.J I'M) pounds for presents, and one hundred and fifty pounds more for his disbursements in attending a new treaty with the Six Nations ; but offi^ring to provide for them by a separate bill, to wliich the Council proposed amendments (not concurred in bijcause it was a mo- ney bill) it was lost, but the substance of it (acked to the salary bill. The French scheme of settling and fortifying in that part of the Indian country, was one of the principal causes of the new war of J 756 ; nor shall I omit, that it was at this session the House adjudged the arrest of a candidate on tlje day be- fore his election to be a member of tlie House to be illegal. it was the case of Mr. Tapperi, diosen one of the representatives of Dutchess county. The Sheriiriiad him in custody on civil process for debt, and his col- league. Colonel Beekman, moved for his enlargement and attendance. The prisotier brought his habeas corpus returnable in term, while the House was sitting, and moved to be discharged by the Court. There were, at that time, but two Judges. The legality of the imprisonriicnt on the day of election was contest- ed at the bar, and the Court being divided, the pri- soner continued in confinement till he carried his point in the House, bui not without a division, in which Mr. Clarkson, Mr. Richards, and others sup- ported a motion, that it was dangerous to the country to take a man from the jail for debt and admit him into a House consisting but of twenty-seven mem- bers. He afterwards absconded, and a writ issued for a new election. The opinion of the majority gave no small offence without doors ; but the contradiction on the bench was applauded as a master-stroke of policy to pre- serve the concord which subsisted between the Judges and Assembly— Mr. Philipse being a member, and Mr. Delancey's opinion agreeable to the judg- ment of the majority in favour of Mr. Tap pen— the Judges reading the reasons for their respective deci- sions with rapidity. The puisne Judge's real or af- fected passion on Mr. Delancey's argument and opi- -*m^ ^ ^* iJG [Chap. U. nak-' iiioii, aflbi-dcd no Hiiiall incniiiiciit to lltu prnctiscrji, this divcrsily hcing a.scrihcd to the policy of the Chief Justice, nho hud no iucnimtioii to ditfer with any of the leading mcmherd of the HouBe. It is pro- per to remark, that there was no act of the colony in force respecting the privileges of the members, from which the junior Judge drew consequences, which Mr. Delancey eluded by rising to the higher sources of the common law, and by applying the liberty of attending on the judicatures and courts to those on the court of elections, he deduced by arguments, ab inconvenienth and his main conclusion, that the arrests of Mr. Tappon were void. It was a fault of this Assembly that no applications were made to Parliament on the bill respecting the importation of iron from America, by which the co- lonies were restrained from erecting slitting mills, Sec. The agent had given early notice of it in his letter of the 29th of June 1749: — "It gave me pleasure," says he, " to find by some hints thrown out in the House, that there is a probability of getting some- thing done to encourage the iron-mines of America. This is a matter in which most of the colonies are concerned, and well deserving their joint eflbrts. It likewise demands the attention of this kingdom, as nothing is more demonstrably the interest of Britain than to receive from her own colonies, in exchange for British manufactures, a commodity for which a balance is now paid in money to foreigners ; and it is to be hoped, that an encouragement of this kind would, in its consequences, be a means of promoting the growth of hemp as a fit assortment of a cargo for Britain." Nor was it enough that their Speaker had desired Mr. Charles to use his greatest efforts against the four last clauses of the bill relating to paper mo- ney, for enforcing the obedience of the colonies to the royal instructions, of which we were apprised be- fore the last session of the preceding Assembly ; the Speaker's letter, for the opposition, bearing date the 29th of June 1749. ■ J W' jWmT* "" l » 'I I >» II m i H i [Chap. \l the pmctiscrJi, policy of the; 1 to differ with use. It is pro- f the colony ia mcmber», from Iucnces, which ugher sources r ihc Hberty of irts to those on arguments, a6 that the arrests no applications respecting the which the co- litting mills, &c. it in his letter e me pleasure," own out in the f getting somc- les of America, he colonies are joint efforts. It lis kingdom, as erest of Britain Bs, in exchange ity for which a igners ; and it is [it of this kind ms of promoting ijt of a cargo for Dir Speaker had st efforts against ng to paper mo- the colonies to ere apprised be- g Assembly ; the jearingdate the 'M.\ 131 The party animosilicsof the day engrossed ihegcnr* ral attention ; and the proprietors of the iron furnaces (of which there were only two, that at Sterling, own- ed by Mr. Smitli and others, and Mr. Livingstones at Ancram,) less vigilant than Mr. Allen, who instantly began a slitting mill in Jersey, lost an opportunity fur advancing their own and the interest oi the colony. While the iron bill was under consideration in the House of Commons, Mr. Chief Justice Morris, to serve his country, consented to be examined respect- ing the works in America, and felt all the distresii which the public detection of u want of information will necessarily create in a delicate mind, where (here is a disappointed ambition to excel. He could never recollect that hour without a great degree of that confusion and anxiety which led him to counter- feit a sudden indisposition for withdrawing himself from a siturttion in which he could neither sustain the ridicule of others, nor his own consciousness of iti- capacity and disgrace. Some members of the commit- tee, whose aims he was brought to traverse, address- ed him on their questions by the title of " my Lord . Chief Justice," that his imperfect answers might have the less weight; and certainly they succeeded in their design ; for though Mr. Morris had professed his knowledge of this branch of business, he found him- self entirely ignorant, not only of the process of the work, but of llie artificers employed in it, and the wages they received both in Great Britain and America. Mr. Clinton improved the interim before the next call of the Assembly, in animating several other go- vernments to watch against the French artifices in corrupting the fidelity of the Indians, intending to hold a treaty with the Six Nations in the summer ot' 1751. Previous to his voyage to Albany he called the members to a condolence on the death of the Prince of Wales, and to a further contribution for the sa- vages. Both ends were answered. An affectionate address, in which they all joined, was transmitted to the King : the design of a treaty approved, with pro- 18 " •■ I ' L^JJ ^ lf^ ^' y 138 [Chap. il. mises to supply the deficiency, if any there should be, for brightening the chain of aUiance with the " Six JVations, who depend immediately ujwn this cobny.'" But at their interview in October, there were early indi- cations that the spirit of party was not yet extin- guished, though some of the chiefs of the opposition were dead.* The speech asked for, the discharge of what was still due to the public creditors ; an attention to the Indians, the French being assiduously intent upon de- bauching them ; and for the support of government, with a due regard to the royal commission and in- structions. There was an immediate call of the Houso, and in the address, a promise to provide for the government ; to pay just debts ; an intimation of surprise at further demands for the Indians ; a complaint that some of the members had not circular letters to notify this meeting, and a request that it may not be omitted in future. It was another bad synii)tom, that they did not send him a copy of it. The answer, therefore was . communicated by a message. That they should have an account of the thousand pounds he had distributed among the Indians ; that the Deputy Secretary had orders to send letters to all the members, and he had assured him they were despatched to every one except the Speaker, but that this last was not usual, it being customary for him to attend the Governor before a prorogation expired. He recommended a union of Councils, and hoped, he said, to convince them, that no consideration whatsoever was of any weight with him, but the v/elfare and prosperity of the people committed to his care. , /. ivt The flame did not break out till the 18th of No- vember, when Colonel Johnson came down with a message from the Council for the vouchers of the se- veral demands provided for in a bill sent up for the f Mr. Clarkson, Mr. Justice Philipso, and Mr. Micheaux. j^p!fj#!*? ' ;f a;il#Jlto?^'W ' [Chap. il. any there should ince with the " Six I this colony.'''' But ; were early indi- las not yet extin- I of the opposition large of what was 111 attention to the sly intent upon de- ort of government, ommission and in- the Houso, and in DF the government ; ' surprise at further laint that some of tters to notify this f not be omitted in •torn, that they did w«r, therefore was unt of the thousand ; the Indians; that i to send letters to ired him they were ; the Speaker, but g customary for him rorogation expired, uncils, and hoped, t no consideration with him, but the lople committed to ill the 18th of No- came down with a vouchers of the se- bill sent up for the and Mr. Micheauz. 1751.] 139 payment of the colony debts, and the accounts which the Governor had sent or recommended for discharge. They voted this an unprecedented and extraordinary demand. The Council asserted it to be their right, and resolved not to proceed on that bill until they were gratified ; and sent down another of their own, for applying five hundred pounds for Indian affairs and the repair of Oswego. This the Assembly would hear but once, and rejected it for intrenching " on the great, essential, and undoubted rights of the House, to begin all bills for raising and disposing of money." They then prepared an address, lamenting the want of more money for the Indians, suggesting that the unsettled state of their affairs proceeds from mis- conduct orinattention, and that they made no provision for repairs at Oswego for want of estimates; complain- ing of the Council as the authors of all the bad con- sequences of the bill to discharge the colony debts, it being a breach of trust to consent to their claim of inspecting accounts ; and praying that he would pass such bills as he approved, and give the House a re- cess for the winter. After the delivery of this address, the Governor declared he could give no answer to it before he had consulted the Council ; and two days afterwards in- formed them, that Colonel Johnson had the ii.erit of dissuading the Indians from their old practice of go- ing to Canada for an exchange of prisoners, and in- ducing them to entrust them to the Governor, as sub- jects of Great Britain ; and at the same time commu- nicated a copy of a letter from the Indian interpre- ter, demonstrating that the French were indefatiga- ble in endeavoring to defeat this advantageous inno- vation. On this they resolved, with a puerile censorious inuendo at iheir fiist meeting after May, to provide for the " strings and belts of wampum which the in- terpreter might find necessary for transacting the bu- siness he had in charge from the Governor ;" that it is a part of their Speaker's duty to attend Governors ' ^^^mi^^^ w> ii'°««w»—qW|w«y>" 140 [Chap. II. in the recess of the House ; that the omission of a circular letter to the Speaker was dangerous and di- latory ; and for an address that it be not hereafter neglected. Mr. Clinton prudently shunned all altercation, con- vened both Houses the next morning, passed the bills that were ready, and, without the least previous inti- mation and to the astv^nishment of all present, dis- solved the Assembly, who, finding themselves laugh- ed at without doors, repented their passing the sup- port bill lor the year so early in the session, which gratified the officers of government, while their neg- lect of the colony creditors added to the Governor's party, already strengthened by Mr. Alexander's tem- per, the appointment of Colonel Johnson to the Coun- cil, and Mr. Chambers to the second place on the bench. The influence of the Chief Justice was, neverthe- less, so prevalent, that he had a great majority of friends and relations in the new Assembly, convened on the 24th day of October 1752. Mr. Alexander and Mr. Smith,* upon whom the Go- vernor now relied, knew their connexions before Mr. Jones was re-elected to the chair, and sagaciously ad- vised to short and general speeches, and such messages afterwards as were least calculated to enkindle the party fires which Mr. Colden's incautious, luxuriant compositions and high principles had so often exas- perated, to the advancement of the popularity of the person he meant to pull down. The whole speech, the address, and answer, as contrasts to the proli;;; transactions appearing in the journals of former years, are here transcribed. * From the abatement of the Cosbyan quarrels, in Mr. Clarke's time, Mr. Smith had totally resigned himself to that wide field of business which his eloquence had opened to him, without interfering in the general politics of the country. On the death of Mr. Bradley, the Attorney General, he could not avoid giving his assistance to the Governor, in gratitude for his unsolicited appointment to the succession. His private diary has a memo- randum in these words : "28th August 1752, Richard Bradley died, and I was, without asking, appointed Attorney and Auditor General. On the 3 1 si Airgust received my commission and was sworn into the office."^ V*'*"!*^ [Chap. II. ? omission of a ngerous and di- e not hereafter dtercation, con- passed the bills st previous inti- ill present, dis- jmselves laugh- passing the sup- ? session, which while their neg- the Governor's ilexander's tem- son to the Coun- id place on the ; was, neverlhe- eat majority of imbly, convened •n whom the Go- ^ions before Mr. sagaciously ad- d such messages to enkindle the itious, luxuriant 1 so often exas- opularity of the ; whole speech, ts to the prolix of former years, in Mr. Clarke's time, field of business which in the general politics Attorney General, he )r, in gratitude for his rate diary has a memo- rd Bradley died, and I r General. On the 31. si I the office." i Sif^ " 1752.] "As sundry acts which greatly concern the trade and welfare of this province will, by their own limi- tation, expire the first day of January next, I have ap- pointed this meeting with you, to give you an oppor- tunity either to continue those acts, or provide other- wise in the place of them. The state of the Indian affairs, and of the frontier forts and fortifications in general, require your most serious consideration, timely provision, and aid. I shall, by the Deputy Secretary, lay before you the information I have had concerning them. " Gentlemen of the ^ssembbj^ " The season of the year w ill naturally lead you to make provision for the support of his Majesty's eo- vcrrment. J J 6 " Gentlemen of the CouncU and General Assembly, « I assure you, that whatever bills you shall agree en i r- the benefit of this province, consistent with m^ n . Jo pass, shall most readily have my assent." '' ^ THE ADDRESS. " We, his Majesty's dutiful and loyal subjects, the General Assembly of the colony of New- York, return your excellency our thanks for your speech. "The concern your excellency expresses for the trade and welfare of this colony, demonstrates your excellency's care for the public good, and it cannot but be extremely pleasing to every one who has his country's interest sincerely at heart. The advanced season of the year,the diflficulties ol attending the pub- lic service at this place, and the dangers which such members who have not had the small-pox apprehend themselves even here to be exposed to, all concur to induce us to postpone the consideration of every mat- ter, not immediately necessary to be provided for and shall do therein what shall be for his Majesty's service and the welfare of this colony." ' He suppressed any remarks on the novel omission 142 [Chap. 11. I? .: of a previous copy, and, three days after, called them to hear this ANSWER. \ " Gentlemen of tlic General Assembly^ " I return you my thanks for this obliging ad- dress, and the assurances therein given me ; and as soon as you shall have made provision for the imme- diate and necessary service of the province, I shall readily grant you a recess as you desire." They sat only to the 11th of November, and hav- ing voted to provide at the next meeting for repairing the fortifications, the establishment of a College, and the usual presents for the Indians, and other Indian affairs, he passed their bills, and, among the rest, the duty bill, and for issuing out of that fund the salaries of the otficers to the first of September 1753. It may gratify the curiosity of the reader to know, that of the members of this AssemblyMr. Chief Jus- tice Delancey was nephew to Colonel Beekman, bro- ther to Peter Delancey, brother-in-law to John Watts, cousin to Philip Verplanck and John Baptist Van Rensselaer ; that Mr. Jones the sjpeaker, Mr. Richard, Mr. Walton, Mr. Cruger, Mr. Philipse, Mr. Winner, and Mr. Le Count, were of his most mtimate acquain- tances ; and that these twelve, of the twenty-seven which composed the whole House, held his character and sentiments in the highest esteem. Of the re- maining fifteen he only wanted one to gain a majori- ty under his influence, than which nothing was more certain ; for, except Mr. Livingston, who represented his own manor, there was not among the rest a man of education or abilities qualified for the station they were in. They were, in general, farmers, and directed by one or more of the twelve members above named — Mr. Dowe, by his colleagues Mr. Winner and Mr. Rensselaer — Mr. Thomas, by his brother-in-law the Speaker and his colleague Mr. Philipse — Mills, by IVlr. Watts and his cousin-german Mr. Nicoll — Cornel, by his colleague Mr. Jones—Mr. Lot and Mr. Vande- ^*^'Miig!l*S*i'j^tPfc^ ^f^f^mx'nrmmni'ir'miK' [Chap. II. ifter, called them J7i2.j »m [his obliging ad- iven me; and as ion for the imme- province, I shall isire." /ember, and hav- ting for repairing of a College, and and other Indian jong the rest, the fund the salaries ber 1753. » reader to know, bly Mr. Chief Jus- lel Beekman, bro- aw to John Watts, ohn Baptist Van iker, Mr. Richard, pse, Mr. Winner, mtimate acquain- the twenty-seven tield his character teem. Of the re- i to gain a majori- nothing was more , who represented ng the rest a man 3r the station they ners, and directed hers above named '. Winner and Mr. )rother-in-law the bili pse— Mills, by [r. Nicoll — Cornel, ot and Mr. Vande- vier, Mr. Junton and Mr. Dupuc, by ail the city mem- bers*— -Mr. Walton of Staten Island, by his cousin a New- York member, and his colleague Mr.LeCount — Mr. Filkin, by Colonel Beekman, whose interest brought him in— Mr. Snediker and Mr. Samuel Gale, by ^he members for the capital— and Mr. Mynderse of Schenectady, by Mr. Winner and Mr. Rensselaer. Of the whole House, the only wealthy able member, neither connected with Mr. Delancey nor in the sphere of his influence, was Mr. Livingston. Hi.^ station on the bench, with the independent te- nure of good behaviour,.added to his amazing power, which was again augmented by the inferior abilities of his assistants and his incessant assiduity, joined to his own affluence and that of his family, in cultivat- ing all the arts of popularity from the moment he was disgusted by Mr. Clarke in the year 1737. Nor was he without dependants even in the Council, though by the death of some weak men introduced by his interest, the suspension of Mr. Horsmanden who ventured too deeply in measures against Mr. Clinton, and the introduction of Mr. Rutherford, Mr. Holland, and Colonel Johnson, he had lately lost ground at that board ; but, not many years afterwards, he found means to regain and almost engross the whole sway in the executive department. To him, therefore, who barely considers the inve- terate animosity between this demagogue and the King's Governor, such a session as the last may ap- pear not a httle mysterious. The truth is, that ho began to hv fearful of having overacted his part, it was clear, from the siu:cess of Mr. Clinton's recom- mendations to office, ilmt the representation prepar- ing by the Lord's of "f rade, could not be favorable to the party that opposed him ; and besides, the hints dropped by Mr. Chief Justice Morris and others in England, of meditated vengeance, corresponded with the intimations from Mr. Charliss ; and many persons • Messrs. Kichard, Cruder, Watts, and Walton. ^^Wv^ .-'V')|ii'4'A ' .-.>l.W.#-i'--' '^ 3 ! ».'!i».py of the act to in the four New >y the patronage •eeable prognos- be a prelude to lie colonies ; for, II on the greatest etween man and md utility of it is "The represen-* Muce, has not yet bly to some late ' Granville being , and the Earl of lern Department, 1 carefully watch with." His letter is clause: " I am hat the represen- jny, will be taken )ject, I am sorry contains volumes ight, and can yet rivileges claimed colony, of which ession, are struck particular persons, whicli I was in hopes had long ago been dropped. I heartily wish the wliole of this matter may not dis- compose the pear- and tranquillity which had an appearance of being re-established in the colony. Ihe aflTair of the Jersey line is not yet proceeded upon; lor carrying on which, I have received the re- mi tanco of one hundred pounds, mentioned in your letter. I have now only to add, that I understand a commission lies prepared at the Secretary of State's Office, appointing Robert H- r Morris, Esq. to be l^teulenmt Governor of ""^ ^.\ o. " His lettei- of t! ,. in ih «^"^"'/ *' ^'l'" V " ' '"" ''' at^quaint you, thai on the 6th instant the Lords of the Committer of his Majesty's Most Honorable Privy Council, entered upon the consideration of the reports of the Commis- sioners for frade and Plantations, touching the state and condition of the colony of New-York, and refer- red the same, as I am informed, for further considera- tion. Having repeatedly applied to know whether, as agent of the colony, I might obtain a copy of this report, and of the papers accompanying it, (both which are very long,) and being given to und;rstand there were orders against giving any copy, and that the matter would be taken up and consid;red as an affair of state, I believed it my duty to take the eaili- est opportunity of renewing that application. As soon as the report was read, I therefore wrote a let- er to the Secretary of the Council, which he did me the favor to lay before their Lordships of the Com- mittee, who, as 1 am informed, not having yet resolv- ed whether they will allow a public hearing on the subject matter of the report, and a copy of it being ' yet denied me, I must remain contented to watch its progress, and to take their Lordships' pleasure. If their Lordships proceed herein as a Council of State only. It will be from the orders and instructions that may be issued, that your colony will be able to iudee ot the principal points of the report : and if the re/u- ations proposed do sensibly affect your colony, you will no doubt thereupon make such humble repre- sentations to the Crown as you shall judge necessary Wv"' ,j g j., . oitm ':,l< J ^ ',- ' ! ' ^v-.i *! ,j» " A, ! i,te .^■/&^je^;,i > ^ w iJiffl>iM^, i ", -ui i i 4)iji^» 11, 146 [Chap. II. which must bring the whole at last to an open and public discussion. Mr. Morns's commission to be Lieutenant Governor of your colony, lies yet incom- pleted." On the 4th of May, 1752, he >vntes thus : * The further consideration of the report of the Board of Trade, touching the state of your colony, has not been resumed in Council since August last ; and I am still not permitted to have any copy or extract oi it, Zugh [continue in hopes that their Lordships of the Privy Council will not come to any resolution thereupon, without hearing the paHies that may be airected by it. Being thus deprived of the means o SSthe House' with certainty, in points that may be of great consequence, I can only, under these drcumstances, take measures for their service as op- portunities are given me, of which I >vdl not fail to make the amplest use in the discharge of my duty, Nothing material is yet done in the affair of the boun- dary line between your colony and New-Jersey The btended commission to Mr. Morris as Lieutenant Governor, is quite laid aside. I cannot conclude, withou eipressing my sincere wishes that a good un- SLding mayV'restored between the several branches of your Legislature and may subsist for the creneral welfare and tranqudlity of the colony. In this precarious situation of affairs, it could not subserve Mr. Delancey's popular interest to increase the indignation of government against the colony, he numeroSs families whose estates were affected by the Tprsev claims, growing extremely jealous of any tur- iher broils between tlfe Assembly and the Governor. Those contests besides, were inauspicious to the success of his designs of obtaining the Lieutenant Governor's place, by which he hoped to find an escape for himself and his friends, if Mr Colden took the command of the colony as President of the Coun- cd, an event which he could not turn his eye to wrth- out horror. It was therefore expedient, whde Mr. Delancey's friends were negotiating m t^ngland lor the gratification of his ambition, to suspend hostdities a-afnst Mr. Clinton : and the reader now has the new •' wm^ ^ ^^ii^i^^ ' ^^ - » ; illl «i M >II IB. IH H i i M l ii| ^ ii ,| , . [Chap. II. o an open and nmission to be lies yet incom- hc writes thus : ort of the Board colony, has not t last ; and I am or extract of it, ir Lordships of any resolution ies that may be of the means of , in points that nly, under these ir service as op- will not fail to irge of my duty, fair of the boun- ew-Jersey. The s as Lieutenant annot conclude, 3 that a good un- seen the several ly subsist, for the he colony." lirs, it could not terest to increase 8t the colony, the re affected by the jalous of any fur- nd the Governor, uspicious to the T the Lieutenant loped to find an f Mr. Colden took dent of the Coun- rn his eye to with- edient, while Mr. ig in England for suspend hostilities r now has the new 1753.] 147 key to the seeming inattention of the Assembly to that part of the Governor's speech in October 175.1, re- quiring their conformity to his commission and in- structions to the Governor's courage in the last disso- lution, and the subsequent pusillanimity of the new Assembly during the rest of his administration. Mr. Clinton furnished a fresh proof of the stability of his interest at Court, by introducing a new mem- ber into the Council. He had procured the royal mandamus for Mr. Smith, in preference to Colonel Morris, for whom some solicitations were made by his brother, then in England, and before Mr. Oliver De- lancey, whose sister was the lady of Sir Peter Warren. Mr. Smith was sworn in on the 30th of April, 1753. The Assembly was convened a month afterwards, at Jamaica, the capital being not yet free from the con- tagion of the small-pox. The speech proposes a revision of the colony laws, and the framing and passing a new digest, according to a model executed in Virginia, and now recom- mended to our imitation by the Lords Justices and the Board of Trade, to which some embarrassments in the researches for compiling the late representa- tion in the latter, had probably given rise. • He assigns the true reason of meeting them at an unusual place ; declares it to be by the advice of the Council, and in tenderness to the House ; professes his confidence in their honor and justice, for a due attention to the state of the Indian alliance, the re- pair of the northern fortifications, and the discharge of the colony debts ; applauds their late resolution to promote the arts and sciences, by establishing a se- minary of learning, as worthy their diligent prosecu- tion and most serious attention ; informs them of the intrusions upon the colony by our neighbors; sug- gests the expediency of concerting measures respect- ing them, by a committee both of the Council and Assembly ; and promises readily and heartily to join with them in promoting Ihe happiness of the colony. The Assembly thanked him ; hoped that the new code of colony laws, then just published, would not I .Vf' i •'*! ^! l i- ' P!W?!;?!WA*y^.'ig.j8jii.! '' --l. *jt,l*.!riiAV* '''' - »■•»—« «~-»—w«^ MP ! 14t [Chap il. he disapproved by the Kinj; ; testified their gratitude lor hi,s regard to their sjifely in the convention ut Ja- maica ; and promised an inmtediate attention to mat- ters laid before them. Not a single instance of the want of harmony no^v appeared. A committee of both Houses met on the New Eng- land intrnsiuns, and a hill was passed, for appoint- ing Commissioners lo prepare representations upon ♦hem to tl l! King's Ministers ; a furtluu' sum was rais- ed by lotter)^ for the college; the colony debts dis- charged, and every message received and attended to; money voted for fortifications; large sums given for presents to the Indians ; the critical state of their friendship confessed ; and the Governor implored, by an address, to visit and treat with them. Mr. Clinton being indisposed, condescended to propose a treaty by commission, and to authorize such persons for this trust, as the Council and Assembly might nominate and recommend to him : and Colonel Johnson, such was the policy of the House, became the sole distri- butor of the presents, and the confidant of both Houses. To such as knew the olTencc taken at Mr. Clinton's patronage of this gentleman, and the obstacles raised to avoid the payment of his demands, it afforded no small surprise to see a joint address of both Houses, signed James Delancey and David Jones, requesting a treaty for appeasing the ill temper of the Indians, and declaring it to be the opinion both of the Coun- cil and Assembly, "- that Colonel Johnson is the most proper persotj to be appointed to do this service; and we humbly hope your Excellency will commis- sionate him." Towards the close of the session, which ended the 4th of July, and the last in Mr. Clinton's administra- tion, he revealed the secret of his daily expectation of a successor, and his intention to return to England. It was extracted by their importunity for his making a journey to assuoge the Indians. The Coromissioners a^>pointed for defending the mmmff mmnxmrn* 1)iU I [Chap il. thrlr gratitude tvcntion at Ja- tcntion to mat- iistaiicc of the the New Eng- J, for appoint- nntalioiis upon I- sum was rais- ony debts dis- l and attended ge sums given li state of their T implored, by n. Mr. Clinton opose a treaty lersons for this tight nominate Johnson, such the sole distri- idant of both t Mr. Clinton's jstacles raised it aflbrded no f both Houses, les, requesting o£ the Indians, ti of the Coun- >on is the most i this service; :y will commis- liich ended the n's administra- ly expectation irn to England, for his making defending the Massachusetts Bay* and New-IIampshire, were all members of the Assembly; VIZ. David Jones, John 'rhomas, Paul Ilichards, W. ham Walton, Henry Cruger, and John Watts; and though the ohjeet of that aclwas a very important one, yet very little advantage was derived The rise of the controversy with New-Hampshire was this .--Before the year 1711, that colony was ionsidereil as the tract granted to Mason and Gor- ges, and extendn.g only sixty miles from the sea-coast, did not by many miles reach the river Connecticut. Ihe commission to Mr. Benr.ing Wentworth, Gover- nor of It, issued in that year, and declared his pro- vmce to extend westward and northward, " until it meets with his Majesty's other provinces." On the peace of Aix-la-Chapelle in 1748, that Go- vernor conceived the design of extending his juris- diction westward to twenty miles from Hudson's Ri- ver, because New- York had agreed with Connecticut to such a boundary on the east; and Massachusetts bad ot late years intruded so far upon certain old pa- tents of this province, extending to thirty miles east irom that river. The country in the north-eastern corner of this colony was, before the late war, almost entirely un- known, and so exposed to the incursions pf the ene- my, especially alter the erection of the fort at Crown Foint in I73J, that it contained scarce a single inha- bitant when Mr. Wentworth began to grant it as a part of the province of New-Hampshire, in 1749. Ihen the quarrel arose. New- York insisted upon Connecticut River as her eastern boundary; and af- ter several letters had passed between Mr. Clinton and that Governor, it was agreed in July 1750, to state their claims, exchange copies of their represen- tations, and submit to the royal decision, it being un- derstood that all intermediate grants should be sus- pended. In luT^X'n53 "'"'".r "'' '^''" '""^V t*°="'"""^ ^l^" '•^P°^t of Ihe Council in .uarcb 1753, on the preiensjons of Massachusetts B;' ~' " ; T S> *' ''iSW ' .' i-f I* !l' jii^. ! 0, w.thou the least peviou, intimation to the Governor ol New York ; and soon after, multiphed grants of the conTroverted territory under the seal of New-Hamp- Se Th s precipitation, which, by pressujg private interest in o the maintenance of a point that m.ght have been otherwise settled without difficulty, is he Srue 0% " of those disorders in that quarter of the 5:«nntrv New-York afterwards exhibited ts title, Xn aivised by the agent of the clandestine con- Let of New-Hampshire ; and to support it, and re- X he incursioL of Mr. Wentworth's patentees las one of the objects Mr. Clinton had in view at he Tas meeting of his Assembly. Nor could he ormt the notification^ for the agent, upon the receipt of an ex- tract from Mr. Wentworth's letter to the Lords ot Trade f^om the Secretary to that Board, who had Procured time to consult his constituents, on the l«th TFebruary, 1753, wrote both to t^e Governor a^^^^ ihP sneaker, andenc osed copies of the JN^^-Hamp Kplication for running out the l-e he had bc^ UD for a partition between the two colonies. Ihe sequel wifi show how much the unseasonable neglect ofihe rights of the colony at this juncture, was after- wards to be regretted. k(t*. ^.! |i i :. '^muft^mmi 1 1 If w iMip 1 1 )753.J 151 [Cliap. II. V views prompted lalm, and despatch- ^rch, 17 50, withoul ) the Governor ol plied grants of the seal of New-Hamp- by pressing private a point that might out difficulty, is the that quarter of the exhibited its title, he clandestine con- » support it, and re- ntworth's patentees, m had in view at the ar could he omit the the receipt of an ex- ter to the Lords of hat Board, who had Btituents, on the l«th to the Governor and softheNew-Hamp- it the line he had set two colonies. The unseasonable neglect is juncture, was after- • CHAPTER 111. ,'■■'' ■<■■■' • From the raignaiion of Oovemor Clinton, to the appointment of Sir Danven OsLorn as Governor. Mr. Clinton was at Flushing, in Queen's County, where he had resided the whole summer, when Sir Danvers Osborn* arrived to succeed him in the com- mand, which was on Sunday, the 7th of October, 1753. He was met at Whitehall by the Council, Mayor and Corporation, and chief citizens, and attended to the Council Chamber ; and, in the absence of Mr. Clin- ton, took up his lodging at Mr. Murray's, whose wife was a daughter of Governor Cosby, and a distant re- lation of Sir Danvers's deceased lady, a sister to the Earl of Halifax. Mr. Clinton waited upon him the next day, and they both dined at an entertainment provided by the Council. On Wednesday morning they assembled the Council at the Fort, for adminis- tering the oaths, and then began the usual procession for reading the commission at the Town Hall. The indecent acclamations of the populace, stimulated by the partizans of the late troubles, induced the old Governor to take leave of his successor at a short distance from the Fort, while Sir Danvers stalked along with the Council and Magistrates, rather se- rious than cheerful, amidst the noisy shouts of a crowded throng. After his return to the Council Chamber, he receiv- ed the address of the City Corporation, of whir^> he had a copy, and with difficulty restrained his f:;(er:- tion of begging the alteration of a passage in it, which he thought expressive of jealousy. The words were : m *Mr. Charles, in his letter of the Uth of June, 1753, informed the speaker, that Sir Danvers was " a gentleman of great worth, a Member of Parliament for Bedfordshire, and brotker-'-i-law to the Earl of Halifax." ^-^rs^fep -^samjay '" '" ' -* 152 [Chap. III. '■I " We are sufficiently assured that your Excellency will be as averse from countenancing, as we from brooking, any infringements of our inestimable liber- ties, civil and religious." These particulars arc mentioned with the more minuteness, on account of the tragical end to which this unfortunate gentleman was approaching. He told Mr. Clinton, with disapprobation of the party exultations in his progress to and return from the town-hall, " that he expected the like treatment before he left the government." While at a splendid dinner, given to the two Go- vernors and the Council by the Corporation, there was every demonstration of joy. The city Avas illu- minated, cannon were discharged, and two bonfires lighted up on the common, in the evening. Sir Dan- vers took no part in the general joy. He retired ear- ly in the afternoon, and continued at his lodgings, while the whole town seemed abandoned to. every excess of riot. The last act of Mr. Clinton's admi- nistration was the delivery to Mr. Delancey of a com- mission to be Lieutenant Governor. This had been done in the presence of the Council, immediately al- ter he gave the seals to Sir Danvers, and it contribu- ted much, with the discovery now made of Mr. Clin- ton's letter to the Lords of Trade respecting the Jer- sey claim,* to the mad transports of the populace in the streets and commons. Sir Danvers rose early on Thursday morning, and before the family were about, had, alone, patrolled * It wan divulged at one of die hearings, on the 39lh of May and 5th of June, before the Board of Trade, after the objections by Mr. Forrester and Mr. Pratt (since the celebrated Lord Camden) to the Jersey act, and to show, that the Crown had, except some trifling quit-rents, no interest in the controversy. Tl»e contents of the agent's letter of the I2th of June, with the history of those debates, were now publicly retailed, and exasperated the New- York landholders near the contested line, for the bounds and re- servations of their patents had been authenticated under Mr. Alexander's oath, with information concerning their vast extent, to make unfavorable impre sions, as Mr. Clarke expresses it, upon the minds of the Lords of Trade ; " which (says he) may possibly remain." The author transcribed the report, of which Mr. Pratt was the penman, in the former volume, oa which the Jersey act was rspealed Siy the King. d3^gi^^M^0ki^0« """"' ■).-^?t-.('jj;^^=H^5^'8^«rt. t^t-iWV^- [Chap. III. t your Excellency icing, as we from inestimable liber- ed with the more gical end to which proaching. pprobation of the o and return from the like treatment en to the two Go- I^orporation, there The city Avas illu- , and two bonfires evening. Sir Dan- f. He retired ear- d at his lodgings, »andoned to. every At. Clinton's admi- Oelancey of a com- r. This had been :il, immediately ai- rs, and it contribu- made of Mr. Clin- respecting the Jer- of the populace in ■sday morning, and I, alone, patrolled he 39lh of May and 5th of lions by Mr. Forrester and to the Jersey act, and to uit-rents, no interest in the of the I2th of June, with retailed, and exasperated ine, for the bounds and re- ted under Mr. Alexander's tent, to make unfavorable the minds of the Lords of " The author transcribed , in the former volume, on 1753.] 153 the markets and a great part of the town. He com- plained of being somewhat indisposed ; and at din- ner said, with a smile to Mr. Delancey, « I believe I shall soon leave you the government. Hind myself una- ble to support the burden of it." He had convened the Council in the forenoon, and appeared in some per- turbation at their first assembly, especially when he found thpt Mr. Pownal, who had the key of his cabi- net, was lot within. He was desirous to show them his instructions. He inarmed them, that he was strictly enjoined to insist u^ >n the permanent indefi- nite support of government, and desired their opi- nions uj)on the prospect of success. There was a general declaration, that the Assembly could not bo brought to adopt that scheme. With a distressed countenance, and in a plaintive voice, he addressed Mr. Smith who had not yet spoke a word " What sir, is your opinion .?"~and when he heard a similar answer, he sighed, turned about, reclined against the wmdow-frame, and exclaimed, « then what am I come here for .-*" In the evening he had a physician with him, talked ot 111 health, was disconsolate, and retired to his ?ir?M T f"'' ^* midnight dismissed his servant. While the house was preserved the next morning in the utmost silence, upon an apprehension that he was still asleep, an account was brought. that he was hanging dead against the fence at the lower end of the garden. A vein was opened, but to no purpose. Ihe malevolence of party rage would not. at first, ascribe this event to the insanity of the deceased • but threw out insinuations, that he hatl been brought to his end by foul means, and that the criminals were some ot those who could not suppress their joy to see Mr. Clinton a private character and Mr. Delan- subsWe^^ *'^^" ' ""'' ^*'* ^^""^^ ""•^'"''^ suspicions soon The Council were immediately summoned to Mr Murray s house, where the tragedy was acted, and every circumstance inquired into, for the satisfaction both of his relations and the Crown, and thevindica- 20 if H >^s,i>.<«'r'-(r^ ,f,4 ' [Chap. III. tion of the party led by the new Lieutenant Gover- nor to such lengths against Mr. Clinton, who was then preparing for his voyage. dn the top of the fence was a row of large nails, inverted, to exclude thieves from the garden, over which he had cast a silk handkerchief tied at the op- posite ends, and had elevated his neck to it by a small board, which was found near him over his hat upon the ground. After his servant left him he had consumed a vast number of private but no public papers, endorsed others, which he preserved ; wrapped up a sum ol money, borrowed since his arrival, and directed it to the lender. There was lying on his table a paper, written in his own hand, guem deus vuU perdere, prins dcmenhi, and the Coroner's inquest believed his testi- monv, for they found him a lunatic. ,, ,, A man, who before the light of that day passed the river in a boat under the fence, heard the noise ot his heels against it in his last struggles. But Mr. Pow- nal's testimony surmounted every obstacle in the minds of all persons of candor. 1 his gentleman Csince so well known in the characters of Lieutenant Governor of New-Jersey, assistant to the Earl of Lou- doun in the war of 1756, Governor of Massachuse ts Bay, Commissary in Germany, and a member ot tiie British Parliament) came out as a guide and assistant to Sir Danvers Osborn, and revealed the secret, that the Baronet had been melancholy ever since the loss of his lady, whom he most passionately admired, and that he had before attempted his ownhfe with a razor; adding, that Lord Halifax, by whose mterest he obtained the government, had hopes that an ho- norable and active station abroad might have de- tached him from the constant object of his anxious attention. As it may be interesting to know every thina relating to this unfortunate gehtleman, and as Mr. Smith was at that tiiae one of the Counci , and under no bias to the party calummated at his death, and his diary kept with such secresy that none ot his ahildren ever knew, in his life-time, that he had one, f^ [Chap. IH. intenant Gover- n, who was then V of large nails, lie garden, over »f tied at the op- neck to it by a lim over his hat consumed a vast apers, endorsed ped up a sum of nd directed it to 3 table a paper, mlt perdere^ prins ►elieved his testi- it day passed the d the noise of his I. But Mr. Pow- obstacle in the This gentleman crs of Lieutenant ) the Earl of Lou- jf Massachusetts a member of the jide and assistant 3 the secret, that (ver since the loss onately admired, lis own life with a >y whose interest hopes that an ho- I might have de- BCt of his anxious )g to know every eiitleman, and as ' the Council, and ated at his death, sy that none of his , that he had one, 1753.J 155 for the sake of truth these passages are inserted, that the most scrupulous may be satisfied. r I ■ « Wednesday^ 10th October, 1753. I " Sir Danvers Osborn published his commission, I took the usual state oaths and that relating to traded I and received the seals from the liands of"Governor Clinton, who then (pursuant to an order from the Duke of Newcastle to deliver the commission of Lieu- tenant Governor, before his Excellency left the go- vernment, to James Delancey, Esquire,) delivered the same in Council accordingly, and Sir Danvers took the oath of Governor and Chancellor, or Keeper of the Great Seal. The commission was afterwards published at the City-Hall. The Corporation treated the new Governor and Council at Burns's ; and the whole was conducted and the day and evening spent with excessive shoutings ; two bonfires, illuminations, ringing of the church bells in the city, drunkenness, and other excessive demonstrations of joy. " Thursday, Uth October. " Sir Danvers appeared very uneasy in Council. ' Friday, \2th October. " Alarmed by the door-keeper of the Council about eight o'clock, desiring me to come to Mr. Murray's, saying, * tlie Governor had hanged himself: Went, and' found it awfully true. He had been found in Mr. Murray's garden hanging in his handkerchief fasten- ed to the naiis at the top of the fence. On the first discovery, his body was found quite cold, and upon two incisions no blood issued. He was brought into the house and laid on the bedstead, where I saw him, a woful spectacle of human frailty and of the wretch- edness of man, when left to himself. The Council went from Mr. Murray's to the fort, where Chief Jus- tice Delancey publish'^d his commission, and took the oaths in our presence, and received the commission of Sir Danvers and seals and instructions, by order of Council, from Thomas Pownal,Esq.; but took not 4.4 156 [Chap. iH. the oath of Chancellor, lest it might supersede his commission of Cliief Justice, till this point be consi- dered. His commission, after it was read in Council, was published only before the fort gate, without any parade or show, because of the melancholy ev nt of this day. " The character of Sir Danvers Osborn, Baronet, ot Chicksands in the county of Bedford, as far as I could observe, having been every day shice his arrival with him, was tU's — he was a man of good sense, great modesty, and of a genteel and courteous behavior. He appeared very cautious in the wording of the oaths, particularly for observing the laws of trade en- joined by the statute of 7th and 8th William III. He appeared a very conscientious man to all the Coun- cil in that particular. A point of honor and duty, in a foreseen diflTicuUy to reconcile his conduct with his Majesty's instructions, very probably gave his heart a fatal stab, and produced that terrible disorder in his mind which occasioned his laying violent hands on himself. • i • " He was found between seven and eight m the morning hanging about eighteen inches from the ground, and had been probably some hours dead. His Secretary told me, this morning, he had often said to him, he wished he was Governor in his stead. He or somebody else desired me to observe the ashes in the chimney of his bed-room, as being necessary to be observed to excuse his pro< hieing of any papers that might be expected to be produced by him, and he showed me two pocket-books in which there was nothing remaining. He said, that when the copy of the Episcopal Church address was shown yesterday, he observed to Sir Danvers, that he would have an opportunity here, by going to church, to act accord- ing to his own mind, and that he (the Secretary) with the gentlemen should wait on him. To which (says Mr. Pownal) he gave me this shocking answer, 'you may, but / shall go to my grave.' " A committee of Mr. Alexander, Mr. Chambers, and the Mayor, are appointed to take depositions [ciiap. m. it supersede his 3 point be consi- read in Council, ate, without any jncholy ev nt of born. Baronet, of , as far as I could » his arrival with )od sense, great rteous behavior, wording of the laws of trade en- William III. He to all the Coun- )nor and duty, in conduct with his ly gave his heart [•ible disorder in ng violent hands and eight in the inches from the )me hours dead, ng, he had often ir in his stead. He erve the ashes in jing necessary to ng of any papers need by him, and I which there was when the copy of shown yesterday, le would have an ch, to act accord- e Secretary) with To which (says ling answer, ^you T, Mr. Chambers, take depositions 1753.] concerning the facts and circumstances attend'ng his death. The jury have found Sir Danvers (as is said) non compos mentis.' Mr. Barclay* was sent for into Council to desire him to read the burial service. He objected, as the letter of the rubric forbids the read- ing it over any that lay violent hands on themselves. Agreed in Council, that the meaning ought to be re- garded more than the words. I said, qui ha;ret in li- tere, heeret in cortice, and if the jury on inquest found Sir Danvers non compos, his corpse had as much right to Christian burial as the corpse of a man who had died in a high fever. This seemed to satisfy Mr. Barclay coming from me, seeming with more of his regard, than if it had come from another.f He said, he had not any scruples of conscience, but he desired to avoid censure, as we have people of different opi- nions amongst us. « Sabbath, 1 ilk October, 1 753. " Last evening attended the funeral of Sir Danvers Osborn, as a bearer, with five others of the Council and Mr. Justice Horsmanden and Mr. Attorney Ge- neral ; and this day, in the old Enghsh Church, heard a sermon from Hebr. 1 0th chap. 24th verse — '' and let tis consider one another, to provoke unto love and to good works.'* " Mr. Clinton had no sooner gjven up the reins than he retired to the west end of Long Island, from whence he embarked, but not till he had suffered the keenest mortification under the late unexpected vi- cissitudes ; for he not only heard himself execrated, and saw his enemy advanced and applauded, but was a witness to the ungrateful desertions of some of * This gentleman, who served as a J^Iissionary to the Mohawks, was, on the death of Mr. Vesey in 1746, calRdto be Rector of Trinity Church in the metropolis. His arrears of 20 pounds were provided for in the support bill of that year, and there has been no provincial allowance since that time towards the propagation of Christianity among the Indians. t Mr. Smith was a member of the Presbyterian congregation in coni- muuion with the Church of Scotland. I ^i n » mm I p»^ 1^8 ^ L<^l»aP- "* those he Imd laiseil and obliged. He had, neverthe- less, the spirit to reject some insidious advancements made by Mr. Delancey towards a reconcihation ; and thus parting foes, that artful politician who could not win him by blandishment, resolved to parry his resentments and enervate his testimony, by loading him with disgrace. Thus he cut him out work when he arrived in England for the defence of himself. He sailed in the Arundel about the beginning of No- vember. Easy in his temper, but incapable of busi- ness, he was always obliged to rel^ upon some favo- rite. In a province given to hospitality, he erred by immuring himself in the fort, or retiring to a grotto in the country, where his time was spent with his bottle and a little trifling circle, who played billiards with his lady and lived upon his bounty. His raanner ot living was the very reverse of that requisite to raise a party or make friends. He was seldom abroad ; many of the citizens never saw him ; he did not even attend divine worship above three, or four times during his whole administration. His capital error was grati- fying Mr. Delancey with a commission, which ren- dered him independent and assuming, and then re- posing equal confidence in Colden, who was inter- ested in procuring his recall, or rendering the country his abhorrence. He saw that event, and, to prepare tor it, ventured upon measures that exposed him to censure. Mrs. Clinton prompted her husband, whose good nature gave place to her superior understand- ing, to every plausible device for enhancing the pro- fits of his government He sometimes took money for offices, and sold even the reversions of such that were merely ministerial. He set the precedent for the high fees since demanded for land patents, and boldly relied upon the interest of his patrons to screen him from reprehension. He became after- wards Governor of Grfe«nwich Hospital. It was a shrewd observation made by Col. Choat to the author, at Sheffield, in May 1755, on the controversy line be- tween this colony and the Massachusetts Bay, that Mr. Clinton was of ail others the man we should have "mp" jCliap. Hi. [e had, neverthe- Lis advancements conciliation ; and iciaa who could ved to parry his aony, by loading u out work when fence of himself, beginning of No- icapable of busi- upon some favo- ility, he erred by ring to a grotto in nt with his bottle ed billiards with His raanner of equisite to raise a >m abroad ; many d not even attend times during his error was grati- ssion, which ren- ng, and then re- , who was inter- iering the country t, and, to prepare t exposed him to jr husband, whose erior understand' nhancing the pro- imes took money >ions of such that ;he precedent for land patents, and >f his patrons to ■le became after- ospital. It was a boat to the author, jntroversy line be- chusetts Bay, that an we should have »753.j 159 wished for our Governor; lor his bottle and a present, lie would have granted you every thing within the sphere of his commission ; but by joining Delanccy, you became the dupes of private anibition, and brought your colony, through the Newcastle interest, into disgrace with the Crown. Mr. Clinton''B accounts for expenditures, in consequence of the Duke's orders of 1746, amounted to eighty-four tiiousand pounds sterling ; and it was supposed that the Governor rc- turricd to England with a fortune very little short of that sum. The ambition and strife of Golden and Delancey gave rise to the new instruction, which arr ad here without any previous intimation, for the ministry had eluded the vigilance of the agent, who so late as the 1 1th of June informed the speaker, that the repre- sentations of the Lords of Trade, on which it was undoubtedly founded, was still unproceedcd upon in Council. The thirty-ninth article recited, that great disputes had subsisted between the several branches of the legislature, the peace of the province had been dis- turbed, government subverted, justice obstructed, atul the prerogative trampled upon ; that the Assembly had refused to comply with the commission and in- structions respecting money raised for the supply and support of government, had assumed the disposal of public money, the nomination of officers, and the di- rection of the militia and other troops ; that some of the Council, contrary to their duty, allegiance, and trust, had concurred with them in these unwarranta- ble measures ; and, therefore, it enjoined iiie Com- mander-in-chief, to endeavor to quiet the minds of the people, to call the Council and Assembly toge- ther, and in the strongest and most solemn manner to declare the King's high displeasure for their neg- lect and contempt, to exact due obedience, to recede from all encroachments, to demean themselves peace- ably, to consider without delay of a proper law for a permanent revenue, solid, indefinite, and without limita- tion, giving salaries to all Governors, Judges, Justices, m^ [Clmp.Iir i'l.^i* unci other nocossary o/liccrs artd ministers of govern- ment, for erecting and repairing fortifications, annual presents to the Indians and the expense attending them ; " and, in g^eneral, for all such other charges of government as may be fixed or ascertained." It then permits temporary laws for temporary services, ex- piring when these shall cease ; but such laws, also, are to be consistent with the prerogiitive royal, the commission, and instructions. It also directs, that all money raised for the supply and support of govern- ment, or for temporary emergencies, be applied to the services for which it was raised, nc otherwise than by the Governor's warrant, with I advice and consent of the Council ; not allowing the Assembly to examine any accounts ; and afterwards it com- mands, that if any Counsellor, or other Crown officer in a place of trust or profit, shall assent, advise, or concur with the Assembly for lessening the preroga- tive, or raising or disposing money in any other me- thod, the Governor shall suspend the offender and re- port it to the Board of Trade. By the 47th, the Go- vernor was prohibited from assenting to a law where- by any gift was made to him by the Assembly, in any other manner than above mentioned. 48th, allowed him to take a salary of twelve hundred pounds ster- ling per annum. 49th, to receive a further sum, pro- vided it be settled on himself and his successors, or during the whole of his administration, and that within a year after his arrival. 50th, required the three last to be communicated to the Assembly at the first meet- ing of the Assembly after Sir Danvers Osborn's ar- rival, and to be entered in the registers both of the Council and Assembly. Upon the supposition that the Council and Assem- bly would obstinately resist the execution of these commands, of which Sir Danvers Osborn could not doubt, he must have perceived that his administration would not only prove destructive to his private for- tune, but draw upon him the general odium of the country, and excite tumults dangerous to his personal safety. ■-' ■'] m ' M ■ ■I pf'i " [Clmp.Iir isters of govorn- Hcations, annual pense attending other charges ol" ;ained." It then iry services, ex- such laws, also, ;;itive royal, the directs, that all >port of govern- s, be applied to d, nc otherwise I) t advice and ig the Assembly ?rwards it com- er Crown officer ssent, advise, or ing the preroga- n any other me- offender and re- he 47th, the Go- g to a law where- assembly, in any 48th, allowed red pounds ster- further sum, pro- is successors, or 1, and that within •ed the three last at the first meet- ers Osborn's ar- sters both of the incil and Assem- ecution of these 'shorn could not is administration i his private for- mal odium of the IS to his personal ilDX] IGI I The Council at this period were — Messrs. Colden, Messrs. Rutherford, Alexander, Holland, Kennedy, .fohnsoii, Delancey, Chambers, Clarke, Junior, Smith., Murray, Of these Mr. Alexander and Mr. Smith, as the ori- ginal projectors of the modern scheme of an annual support, and Mr. Delancey and Mr. Murray, as the subsequent fautors of that measure', and Mr. Justice Chambers, who held his office, as well as tiie Chief Justice, during good behavior, must have immediate- ly lost their places at the Council Board : and Mr. Secretary Clarke residing in England, the Governor's reliance in that branch of the Legislature could only have extended to Mr. Colden, Mr. Kennedy, the Collector of the Customs and Receiver General of the royal rents, Mr. Rutherford, a Captain of one of the independent companies, Mr. Holland, Mayor of the capital, Mr. Johnson, then Colonel of the militia and residing in the Indian country : nor was it cer- tain that even those four last mentioned would have preferred their offices to their patriotism and the ab- horrence of the multitude: and when the sanction for infusing obedience came to be applied to the As- sembly, the tumult would extend, not only to the de- pluming of nine of the twenty-seven from their rank in the militia, but many others, who were Judges and Justices of the inferior courts ; to say nothing of their relations and friends and other public olHcers, in a variety of stations, in all parts of th^ province, who might interfere in supporting them, and fall un- der the character of their advisers. Besides, it was imagined by some, that the instruction was designed for the removal also of the Judges, and to bring the question to a trial— whether Mr. Clinton had au- thority to give them freeholds in (heir places.?— a point of law ultimately cognizable before his Majes- ty in Privy Council; and because attended with dan- gerous consequences, not improbably one of the mo- 21 - » ;HJ2 « ' [Chap. UI. lives ofadmiiiislration in raising; Mr. Delancey to ihr place of IViculonant Governor, 1'iat the ambition ol thc(lomagot,Mic mif,^ht be pre-engaged into the service and aims of the ministry. 'W i CHAPTER IV. From the Death of Sir Dnnvers Osborii to the accession of Lieutenant Governor Delancey. Bur ihe death of Sir Dar'-^rs Osborn dispelled the impending storm; and Dr. Colden who had retired to the country in disgust, cheated by his friends ard disappointed by tnc administration, and whose only consolation, under the scoffof his enemies and the ge- neral contempt of the people, was the vain belief that he had spread a net to entangle his old rival, was soon after doubly mortified to sec lum elude it by his craft, and the deep laid plan itself vanish like a bubble. Mr. Delancey 's path was a plain one. He must, indeed, resign the hope of a salary for one or per- haps two or three years, but the arrears would not be lost, if he could save his station. He had to pre- serve that Assembly— rebuke them publicly, for not obeying the instructions— and privately contederate with them, not only to remonstrate against them, but to impeach Mr. Clinton and blunt the edge of his ac- cusations. And while this farce was acting, he had nothing to dread from the Council, none of them ap- proving while others were averse from the indefinite support ; Mr. Colden excepted, who became iriecon- cileablc to the late Governor by the private scheme to exalt Mr. Morris, and therefore not disposed, nor, by his retreat, in a situation, if willing, to tell any thing on the other side of the water, for the gratifica- tion of Mr. Clinton's reven|e, [CJhap. UI. Delancey to thi' the ambition ot' I into the service I to the accession of iceij. orn dispelled the who had retired )y his friends ard , and whose only leraiesand thege- le vain belief that lis old rival, was him elude it by self vanish like a n one. He must, y for one or per- arrears would not 1. He had to pre- i publicly, for not :ately confederate against them, but he edge of his ac- as acting, he had none of them ap- iVom the indefinite lo became irrecon- he private scheme not disposed, nor, illing, to tell any ;r, for the gratifica- 1753.] 163 When Mr. Delancey had been sufficiently regaled by the incense of the most fulsome adulation, pro- moted by his friends, from all ranks and classes, to preserve his popularity on one side of the water, and render it useful to him and his party on both, he con- vened the Assembly, and on the 31st of October, be- fore Mr. Clinton's departure, made a speech, lament- ing the death of Sir Danvers as a public loss, because he had birth, a liberal education, and a distinguished character; communicated a copy of the obnoxious instructions, that they might thus be informed ol uis Majesty's displeasure ; asked provision for repairing the city fortifications and the trading house at Oswe- go; recommended the preservation of the Indian al- liance ; condemned the farming of the excise ; ad- vised to train the people to arms, by a well regulated militia law ;* applauded the late act for inspecting flour; urged to the prevention of frauds, in the ex- portation of beef, pork, and other commodities ; and to give appearance of zeal at court, earnestly pressed it upon ttiem, to frame their bills for supporting the government in such a manner as the royal instructions required ; observing, very sagaciously indeed, " that by our excellent constitution the executive power is lodp-ed in the Crown," but unfairly adding, (since, as a la.vyer, he knew his doctrine asserted in general terms to be unsound) that the legal course for abuses of power was by application to the Crown ; which was an abuse of their confidence, public officers being in m^ny instances indictable by a grand jury, and that the annual support had been substituted in this pro- vince, to supply the wants of relief in 's(ruction or per- nionV orders, to icss county — his ill fame and cx- i>r perjury whom nice of Assiittant rate as not to be ead of assuming d declined med- t distant thought the Crown ; that uing public mo- years, and they ling to the usual nting to promote ministration easy 1 favor of the loy- g the circuits for ne of disaffection, ers as they com- sent to their bills, \y are framed in ts. tcts, in the fullest [)d, for form sake, jpport bill to the information con- ired immediately Council's negative, Mr. before this reaches you, Danvers Osborn, and of )elancey, our Chief Jus- sat hopes, that all former this unhappy colony, tho ispect to the issuing bills at, T think, no General r 1753.] immm Iff He had every proof of their willingness to oblige him. Upon u message, with Lord Holdernesse's let- ter, advising of an intended encroachment of Iho French and Indians, they resolved to assist the neigh- boring colonies ; to resist force by force, in case of any invasion ; carrieil on sham process for punishing a printer, who had republished in a newspaper that part of their journals containing the thirty-ninth in- struction, only the substance ol which he was or- ^r^A ^o •■eveal. They also voted him a salary ot fifteen hundred and sixty pounds, a larger sum than ever was given to any former Lieutenant Go- vernor, and eoual to Mr. Clinton's allowance; eight hundred pounds more for Indian presents; one hun- dred and fifty pounds for his voyage to Albany ; four hundred pounds for fuel and lights to the garrison ; his arrears as chief justice to the 12th of October; and after the rejection of the support bill, bound themselves tor the expenses of his voyage and the presents he might distribute to the Indians. While the Lieutenant Governor, on the other hand, conspir- ed with them in appouiting counsel to defend a quan- tity of powder in the province stores, seized by Mr. Kennedy, who was a friend to the late Governor, and struck at for seizing it as contraband; passed fifteen popular laws, and continued the session till they had I>erfected a complaint to the King, and a representa- tion to the Lords of Trade, against Mr. Clinton ; ten- derly remarking before they parted, that they " must be sensible they had not acted in compliance with his Majesty's roval instructions;" and « that he hop- ed, after consulting their constituents, they would, at their next meeting, bring with them such dispositions as would effectually promote the public service, and then proceed with a due regard to what his Majesty Assonnbly will comply with them; ar.J. therefore, I apprehend that no law will be passed for the application of public money this awsion, nor Gover- nor or Council recede without permission." '».. W^ ■■■ ■ JS>,i.tfcjl»«tl«» ft iM itwt-ii>.-.-^A«*.a« r I lii ifc nt 16(5 [Chap. IV. justly expected i'vom them, and thereby recommend themselves to his royal grace and favor." The address is a short declaration to the King of their abhorrence of those groundless imputations of disloyalty, most falsely and maliciously " reported to him." " Surely none but men destitute of justice, honor, and veracity, would represent us in a light so distant from truth." It concludes with warm profes- sions of loyalty and affection, roundly affirming, " that there is not a native of the colony who would not cheerfully hazard his life, fortune, and all that is dear to him in the defence of his person, family, and go- vernment." But their complaint to the Plantation of- fice is a verbose, angry attack upon the late Gover- nor, and is so artless and unguarded as to reproach their Lordships by their representation to the King. Relative to the late disputes, they assert, that they arose from the mal-administration of Mr. Clinton, who had maligned the colony to escape the censure him- self deserved ; it incautiously alleges, that, during Mr. Clarke's time, the peace of t^e colony was undis- turbed, no discord between the uranches of the Le- gislature, no accusations of the Assembly's assuming the executive or trampling upon the prerogative ; that there were no animosities in the first three years of Mr. Clinton's administration, though the public mea- sures were then what they had been since. They then oflfer to prove — that Mr. Clinton was interested in privateers, and hired out the cannon given by the King for the use of the colony ; that Saratoga was lost by his withdrawing the troops to gain benefits by his independent company, and to the loss of the lives of many others of the King's subjects; that he was the cause of the Indian disafiection, by embezzling a great proportion of the presents raised to secure their friendship; that he demanded subsistence and pro- visions for two Indian companies, under Colonels and other officers of his appointnig, when no such compa- nies ever really existed ; that he granted extravagant tracts of land, and exacted twelve pounds ten shil- lings for every thousand acres, in the remote parts of [Chap. IV. liereby recommend favor." ion to the King of less imputations of iously " reported to lestitute of justice, sent us in a light ?o 5 with warm profes- idly affirming, " that my who would not , and all that is dear on, family, and go- to the Plantation of- )on the late Gover- ded as to reproach itation to the King, hey assert, that they I of Mr. Clinton, who pe the censure him- lUeges, that, during \e colony was undis- jranches of the Le- Usembly's assuming he prerogative ; that } first three ^ears of ugh the public mea- been since. They inton was interested cannon given by the ; that Saratoga was )S to gain benefits by the loss of the lives ibjects ; that he was ion, by embezzling a raised to secure their subsistence and pro- 3, under Colonels and vhen no such compa- j granted extravagant elve pounds ten shil- in the remote partg of 1753.] 167 the colony, " besides reserving considerable shares in the grants to himself, by inserting fictitious names," (o the discouragement of settlements, and the weak- ening of the northern frontiers, expensively and diffi- cultly defended ; that he obstructed the course of justice, by letters to the Judges and other officers of Dutchess county to delay proceedings, and to the Sheriff not to execute process in causes merely civil, and by secreting an information filed by tac Attorney General against a person presented by the Grand Jury for perjury, and afterwards making that very man an Assistant Judge of the Court of Common Pleas, and a Colonel of the militia of Westchester county, though informed by a member of the Legis- lature ; that he openly sold offices, civil and military, and the reversions of some ; that he made frequent, long, and causeless prorogations, and suffered the duties for the support of government to expire; that he '•'' commissionated^^ ignorant and illiterate officers, some not able to write their names, and one to a Co- lonelcy in a northern county, suspected of being at- tached to the French interest during the war, and misrepresented the dispute to their Lordships, touch- ing the limits of this and the province of New-Jersey ; and these they assert to be the true grounds of the dissatisfaction during his administration. They al- leged, that the charge of assuming the direction of the militia is absolutely false, and that for several of his last years, he never mentioned ihe militia to the Assembly. On the great subject of the mode of support bills, the reader shall have their own words. " We further beg leave to assure your Lordships, that as it is our duty and interest, so it is our hearty inclination, to do every thing we can conceive that may contribute to his Majesty's service and the good of this colony, which we look upon as inseparably connected ; and therefore should have raised a provision for the sup- port of government, in the manner signified by that instruction, but that the raising a support of many years has, by long experience, been found to be much 16U [Chap. IV. more hurtlul to his Majesty's interest, by giving per- petual occasion for disputes and contentions between Governors and Assemblies, than the method pursued for these sixteen or seventeen years last past. Had we indeed the happiness to be under his Majesty's care and inspection, we should think it our duty to to raise a support in the manner insisted upon in that instruction. But, unhappily for us, that is not our good fortune : we are under Governors, appointed by his Majesty, at a great distance from him and his im- mediate inspection, and who, as your Lordships must be acquainted, having no inheritance in the province, very often consider the government as a post of profit, which they hold by an uncertain tenure ; and therefore, as it regards not them In what condition they leave the province upon their removal, instead of applying the monies raised for the necessities of government to the uses they were designed, have only been anxious to invent ways and means to con- vert as much as possible to their own private use and benefit. That this has been the case of most Gover- nors here, the Assemblies of this province have, by the many contentions which have subsisted on this head, been but too sensible of, to the great and ma- nifest detriment of his Majesty's service, and the good of this province ; which sufficiently convinces us, that it is not for the interest of his Majesty and for the public good of this colony, to raise a support in any other manner than has been done for sixteen or se- venteen years past, whatever it may be for the pri- vate interest of a Governor." They then accuse Mr. Clinton, and probably with the agent's* hint of inattention to the Indians, who * In his letter of ttie 6tli September, 1753, there is this clause : " I can- not avoid acquainting you with the concern it gave me to read, at tlie Board of Trade, the minutes of a late conference at New York with se- venteen Mohawk Indians, who went away not only expressing their dissa- tisfaction, but resentment. As their errai d appears to me to have been principally about land, 1 am in hopes they had no authority to speak on public subjects, such as the halcliet and rod, and that they will be disco- vered therein by the Six Nations. I shall he anxious to know the success of the Commissioners deputed to treat with them, being very sensible of the critical posture of affairs with respect to the IndiaoB and others." [Chap. IV. st, by giving per- ilciitioiis between J method pursued ) last past. Had der his Majesty's nk it our duty to sted upon in that , that is not our ors, appointed by n him and his im- ir Lordships must e in the province, 3nt as a post of 'tain tenure; and in what condition removal, instead the necessities of 3 designed, have ind means to con- rn private use and se of most Gover- )rovince have, by subsisted on this he great and ma- k'ice, and the good convinces us, that ijesty and for the ! a support in any for sixteen or se- ly be for the pri- md probably with the Indians, who e is this clause : " I can- i^ave me to read, at tlie ce at New -York with se- ly expressing their dissa- lears to me to have been no authority to speak on that they will be disco- cious to know the success m, being very sensible of [ndians and others." 1753.] 169 were at New-York in June last, while the Assembly were sitting at Jamaica ; and add, what does not ap- pear in the journal, that the speaker, by letter to Mr. Clinton on the order of the House, besought him to promise them a meeting at Albany, a distribution of presents, and a redress of grievances ; that he would make Hendrick, the chief sachem of the Mohawks, a present, and that the House would provide for these expenses ancf the maintenance of those Indians ; that the Governor, nevertheless, dismissed them without any thing; and they were on the way on foot, with their baggage on their backs, when met by a gentleman from Albany, who, out of his own pocket, provided them a passage by water, and the House had reim- bursed him, with thanks : and this they urged as a proof both of his neglect and contempt of the Indians, As a vindication of themselves from the chaige of remissness respecting Indian and other affairs, thev add, that they had subjected the colonv to a tax of above eighty-one thousand pounds, without deriving, as some other colonies had, any recompense from the Crown. The whole concludes with their favorite ex- pression of a readiness "4o hazard their lives, for- tunes, and all that is dear to them, against all the King's enemies whatsoever." The transmission of the address to the King was entrusted to the Lieui.enant Governor, and a copv, with the impeachment, enclosed by the speaker to Mr. Charles, on the 13th of December, the day after the session, in a letter containing the follow! 4 pas sages: — « As I hinted before, no bill for the applicatior of money has passed either the Council or Governor, and I apprehend that none will pass, until the- e 02 a countermand of orders from your side of the water. We have, however, contrived to procure a remittance for you of two hundred pounds sterling, which we hope will discharge your engagements. As to the Jersey affair, we think it his Majesty's right to ascer- tain the limits of his colonies; and if the stations be once settled with you, we shall soon agree about run- 22 [Chap.lV. ning the lines. We expect it will not be long before the colonies of Massachusetts Bay and New-Hamp- shire will come upon the stage in the same respect, Itscenjs highly necessary that his Majesty should as- certain the boundaries of all his colonies, to prevent disputes among his subjects here, for we apprehend they will never agree among themselves." Again : « That party spirit which appeared among us during Mr. Clinton's administration, seems to be vanished, and there appears a great inclination to unanimity among all the branches of the Legislature. You have herewith, the remaining parts of the minutes ot our House in this present session, and the whole ot last session. You have also herewith a representation from us, to be laid before the Lords Commissioners ^ntations. Your own discretion will lor i raue and '^'' indicate to vou how you are to manage the atlairs. We expect^o hear from you as quick as possible. Take particular notice of our address in our session at Jamaica, on Nassau Island, where we press Mr. Clinton to meet the Indians at Albany." By one ot the acts of this session, the importation and passmg of counterf^^it British halfpence, and the very pos- sessing them, was prohibited, under severe penalties ; power given to search for them; and all disputes respecting them trusted, under forty shillings, to the summary hearing and description of one magistrate, and above that sum, to him and two freeholders ot liis choice. There was at this time an inundation ot copper money, but it was not thought safe and expe- dient to veniu. V a law against any but the adulteia ted coin. To bring it, however, into discredit, with- out giving umbrage to Great Britain, the House re- solved, on the last day jof this session, that they would proceed at their next to ascertain the value ot halfpence and farthings. The merchants m the con- federacy immediately gave their vote its effect, by subscribing an agreement not to receive or pay this species of money, but at fourteen coppers haltpence to the shilling ; and the practice prevailed univer- sally, after one inconsiderable nut by the mob, m ., i..~^.ti* [Chap. IV. >t be long before and New-Hamp- hc same respect. ajesly should as- onies, to prevent 3r we apprehend selves." Again : among us during I to be vanished, ion to unanimity ilature. You have e minutes of our the whole of last a representation Is Commissioners ivn discretion will anage the affairs, [uick as possible. ■ess in our session ere we press Mr. )any." By one of lation and passing ind the very pos- ■ severe penalties ; and all disputes ty shillings, to the of one magistrate, two freeholders of e an inundation of ight safe and expe- but the adulteia ito discredit, with- ain, the House re- session, that they ;ertain the value of rchants in the con- vote its effect, by receive or pay this coppers halfpence prevailed univer- ot by the mob, in 1754.] m which the Lieutenant Governor assisted the magis- trates in apprehending the chief rioters, who were punished for the ineffectual tumult they had raised in the capital. The policy of multiplying such sum- mary tribunals, was questioned by the zealous advo- votes of the old trial by jury; and there were some who animadverted upon the Lieutenant Governor's agency respecting this species of coin, as what would in Mr. Clinton have been represented worthy of re- prehension from the Crown.* In the month of March IT.'il, nearly six hundred pounds were raised, towards promoting a spirit of in-^ quiry among the people by a loan of the books to non-subscribers. The project was started at an evening convention of a few private friends : Messrs. Philip Livfngston, William Alexander (afterwards known by the title of the Earl of Stirling), Robert Jl. Livingston, William Livingston, John Morin Scott, and one other person. To engage all parties in the subscription, it was carried first to the Lieutenant Governor and the Council. The Trustees of the in- stitution were annually eligible by the subscribers, and had the disposition of the contribution, with the appointment of the Librarian and Clerk. Every pro- prietor was to pay the yearly sum of ten shillings; and thus a foundation was laid for an institution orna- mental to the metropolis, and of utility to the whole colony ; for the remote object of the projectors was an incorporation by royal charter, and the erection }o( an edifice, at some future day, for a Museum and Observatory, ns well as a Library. Hitherto it con- sisted of vaiuable books in our own language only, .which were deposited in the Town Hall, under the care of a Librarian. The number, by the annual subscriptions, is at present considerably increased ; .„.. — .. |.-l , ^*>.F. I * It was not till this day (12th December) that mortgages were subject- ed to a public registry for the prevention of frauds ; but the act now passed, though a useful one, did not reach all the mischiefs intended to be prevent, ed. In disputes cpncerniog their property, the Jintt registered is to bo the Jint paid. 172 [Chap. IV. 4)ut Governor Tryon lately gave the Trustees a char- ter, which it wanted, to invite to the donations neces- sary to accomplish the liberal aim of the promoters of the subscription, who found some obstacles at first from the low state of science, and the narrow views and jealousies of sectarian zeal. About this time, the continent was alarmed by the attempts of the French to erect forts on the Ohio. Virginia, as most immediately concerned, took the first measures for defence. Mr. Dinwiddie, their Go- vernor, resolved to fortify the pass of Monongahela, and called upon the sister colonies for aid. Circular letters arrived soon after from the Ministry, requir- ing a Congress at Albany, for treating with our Indian allies, and concerting a united plan to defeat the French aim of engrossing the interior couiury, and, by. a chain of forta, to restrict the British settlements to the sea-coasts, or at some distant day, to acquire the exclusive dominion of the continent. A design this of vast magnitudo, but not difilcult to accomplish, if France had at that day the sagacity to have pre- ceded her fortifications by the less suspicious trans- portation of a few thousand emigrants from her populous dominions in Europe, to the rich and fertile banks of the lakes and rivers, of which, to our shame be it remembered, we had no knowledge, except by the books and maps of -her missionaries and geo- graphers. • T' ese events had no ill aspect upon the resistance of th» / -'imbly to the scheme of an indefinite sup- port ; and yet they met on the 9th of April, 1754, in ill temper, because they had no advices to flatter them with the hope of gratifying their revenge upon the late Governor ; and while some conceived that manifestn^ions of liberality and zeal, others were of opinion 'at teLiiness and parsimony, would be most likely to procure the wipf ed-for success. The ] S8;ulenant Governor very naturally adopted the sentiments of the first class, and bore with some impatience the contradictions of the other, which wap inauspicious to that favor which he meant to • ■ ^■ W i pn i i. 111 [Chap. IV. Prustees a char- lonations neces- f the promoters obstacles at first ;ie narrow views alarmed by the rts on the Ohio. :crned, took the viddie, their Go- >f Monongahela, for aid. Circular Ministry, requir- ^ with our Indian in to defeat the or couiiiry, and, 'itish settlements day, to acquire inenl. A design lit to accomplish, city to have pre- suspicious trans- grants from her e rich and fertile ich, to our shame ledge, except by )naries and geo- lon the resistance in indefinite sup- )f April, 1754, hi idvices to flatter eir revenge upon e conceived that ,1, others were of y, would be most :cess. laturally adopted 3 bore with some the other, which lich he meant to ilM.] ITS cultivate with his superiors, and render consistent, if possible, with his popular dominion. The speech apprised them of the French designs ; of the spirit of V irgifiria ; of her request for aid in the common cause ; of the royal expectation, signified by the Earl of Holdernesse ; and demanded not only supplies for transporting two of the independent com- panies to Virgfeaia, fortifying the frontiers, strengthen- ing Oswego, and treating with the six cantons, but that they should take a part in every expense condu- cive to the public utility. The Assembly admitted that the defence was a common concern ; applauded the vigor of Virginia —but complained of the desolations of the last war, and the expenditure of eighty thousand pounds, for a part of which they were still in debt and under taxes, and of the burthen of erecting and supporting their own fortifications in New- York, Albany, Fort Hunter, Schenectady, and Oswego; reminded him of their vote of credit at the last session, for one thousand ' pounds to our own Indians, and his expenses at the intended treaty ; declared that they are able only to forward the two regular companies ; and, after paint- ing the designs of France in terms adapted to raise the popular resentment, they conclude with ap|laud- ing the energy and success of his half year's adminis- tration ; for which he thanked them, but with renew- ed importunities for the supplies, that they might the more effectually recommend the colony to the CroWn. They then voted a thousand pounds to Virginia, four hundred and fifty-six pounds for an additional garrison at Oswego, and allowed for Indian presents and the expense of the treaty, eleven hundred and twenty pounds : they engaged to reimburse the ne- cessary charge of repairing Oswego, and to bear their part in the erection of new forts on the frontiers for the common defence. But when Mte reminded them of their former resolution, to repel force by force, and that it had raised the expectations of the Crown, they evasively resolved, that it did not ap- pear clear to them that any of the King's colonies were I 174 [Chap. IV '¥ invaded; whididrew irom the Lieutenant Governor a message to inform them, that the French forts were erected m a country of the Eries, a nation extirpated by the confederate cantons, who, by the treaty of Utrecht, arc to be considered as the subjects of Great Britain; and he ventured a conjecture that the French forts were constructed within the limits of Pennsylvania.* * They could not, however, be induced to enlarge their contribution to Virginia ; and had already sent up the bill to raise the sums voted for supplies, with- out any regard to the thirty-ninth instruction. The Council, perceiving that the sums were issuable by the Treasurer upon the receipts, and not by warrants from the Lieutenant Governor with their consent, asked a conference, to which, as a money bill, the Assembly could not consent. In this exigency Mr. Delancey passed the bills that were ready, and prorogued the Assembly till the tiext day; when, after artfully informing the whole province by a speech, that the Council had rejected their bill because they thought it their duty to insist on a conformity with the royal instructions, he de- clared his hopes that they would make the neces- sary ^ovision in a manner that might lay the Coun- cil under no difficulty, and urged both unanimity and despatch. To this they answer in an address, asserting that the delay was not chargeable upon them, their bill being agreeably " to a method loiig pursued, settled with, and solemnly pgreed to, by the late Governor * Can tb' ve be a clearer proof of OMr infancy or negligence, than to find tUe Legislature at a loss to adjust a geographical question respecting a country so near our old maritime settlements! And does it not reflect disgrace upon the whole nation, that no attempt has been since made to explore the oxte^i^r parts of the continent, at the public expense ? We hare added nothing to the French discoveries by our conquest of Canada ; though it would have become so opulent a people to have penetrated the wilderness before this day, not only to determine its breadth and explore its wealth, but open new objects to the view of moral as well as natural philosophy. This has since been done by Sir Alexander M%enzie, from Canada, and by Clarke and others, by the authority of the United States, "WP" mn i " » I II, [Chap. IV. tenant Governor 'rencli forts were nation extirpated by the treaty of subjects of Great ecture that the hin the limits of luced to enlarge had already sent or supplies, with- nstruction. The were issuable by 1 not by warrants h their consent, 1 money bill, the passed the bills Assembly till the rming the whole ncil had rejected leir duty to insist itructions, he de- make the ne'ces- ;ht lay the Coun- )th unanimity and !ss, asserting that 1 them, their bill T pursued, settled he late Governor r Degligence, than to find il question respecting a And does it nat reflect has been since made to 8 public expense? We our conquest of Canada ; e to have penetrated the 3 its breadth and explore moral as well as natural ixander M^Kenzie, from •itv of the United States. 1754.] 175 Clinton;" but promise, on "this pressing occasion, in pure regard to his Majesty's service and the inter- est of the country, to endeavor to frame a bill in such a manner as may obviate the objections lately made." And as an evidence of their concord with the Lieu- tenant Governor, which they doubtless wished to have known, they now sent him a previous copy of the address, for he gave it an immediate written re- ply ; and proceeded, before the renovation of the bill of supplies, to vote the articles of which it was to consist, but left out the aid of one thousand pounds to Virginia. Thus a door was opened for other messages and addresses, for expressing his and their zeal for the King's service ; for, on the 4th of May, he animad- verted upon the resolves, and observed, that since they had lately voted the one thousand pounds as necessary, the omission of that bounty would now be disadvantageous to their reputation : and after hold- ing up the Council once more to the public, by re- peating that they were moved by their attachment to the instruction in rejecting the late bill, he be- seeches them to reflect " how far a delay or disap- pointment of this service may be chargeable upon Ihem." The address of the same day, of which he again had a copy, now roundly asserts, what was only hint- ed at before, that the Council, and not they, are an- swerable for the delay; lamented that they could not gratify their inchnations consistently with the in- terests of their constituents; denied their omission to be a breach of their engagement, because they do not estimate their contribution to Virginia among the promised provisions, conceiving, as they do, that they are not indispensably necessary : they sullenly con- clude with a requeit that they may be dismissed, to go home to their families. The Governor had now an opportunity to argue upon the extent of their promise, which he did in an- other message of the same afternoon, and with some seeming resentment, and a menace of representing „^K— :— IpBi- Ti-i-i II i.iiifc II- -...f 1^ .^ mmmmmmmmm^tm AMm 176 [Chap. IV. s ■ ' :' m their conduct to the King. But without waiting for the effect, as if it was calculated more to recommend himself to the King's Ministers than to persuade them, who wanted some excuse to the people for comply- ing with the instructions to sii ve him, imi:«tdiately after that message, he passed the bills,* and broke up the session by a prorogation on the 4th of May. One design o< these altercations seems to have been, to give the [lieutenant Governor a dominion over the Council, the majority of whoni vvere not in the interest of thaf party of which he had bo long be n the leader. Before the conference proposed on the bill lost by the prorogation, the Lieutenant Governor, thinking the Council might be influenced by the emergency, came in amongst them, and advis- ed their vjelding to the humor of the Assembly. One of luem shrewdly asked him, " what then will become of us ?" He answered with a smile, " I will suspend yoM, according to the instruction, and then pass the biil, and restore you to your places." But what con- founded the politician, was a proposal of Mr. Alex- ander ail 1 Mr. Smith, to escape the dilemma by lend- ing the money ^\hich the bill was to raise, on a reli- tincr upon ^he generosity of the public. He left them, soy ir)g tlui fie would himself make the loan, if he did no' ';uccee4 with the House. This prorogation gave place for originating a second bill, which passed into a 5a'* . It was at this session that Mr. Delancey intimated liis design of running a temporary line between this and the province of New-Jersey, asking the House to defray the expenses of it : nor is it a mean proof of his influence, that he in the same message requested a further sum for adjusting the partition with Massa- chusetts Bay — not by the Commissioners appointed by the late act, but of his own rfbminating, with the advice of the Council, who were to meet others from * One under the title f f '< An act for the payment of several suras of money for the use and v jcurity of this colony ;" and another, " To pre- vent nuisances in the metropolis." ■:*;; [Chap. IV. tiiout waiting for •c to recuinmend persuade them, ople for comply- lim, im!r«L'cliately 9,* and broke up 4thofMny. ; seems to have rnor a dominion honi -vere not in he had so long jrence proposed , the Lieutenant lit be influenced them, and advis- ? Assembly. One Lhen will become " [ will suspend nd then pass the " But what con- >bal of Mr. Alex- lilemma by leud- 1 raise, on a reli- ic. He left them, he loan, if he did prorogation gave hich passed into lancey intimated line between this ling the House to a mean proof of essage requested ition with Massa- ioners appointed linating, with the meet others from lent of several suras of and another, " To pre- "W" ii « wi|i ) »< .fi|y I ' ^ f. ' . .■■ -•*».ap^^p»^ mv ^ * ■'■■ i^i^ 7T^ ^wiiii Wipi^i v» - 1 1754.] m the Massachusettii Bay at the intended Conjrcia at Albany. Mr. Charles had, on the 4th of July 1753, informed the speaker of the report of the Board of Trade against the Jersey act; that "their Lordships de- manded to know of the parties, whether they had any propof>als to offer for running the lines and ascertain- ing the boundaries, which their Lordships said was necessary to be done, for the peace* and quiet of both governments. On both sides it is otfl^red to join in a commission from thence under the Great Seal. I have requested that they may be disinterested persons ta- ken from the neighboring colonics ; but the '<^ot for the Jersey interest thinks thics method wi ig on a heavy expense. The matter lies over lur- ther consideration. On the 23d of the same month, the agents of New-Jersey waited upon the Lords Commissioners for Trade and Plantations, and de- clared that, as Mr. Morris, to whom the conduct of the act for running fhe division line was committed, had his powers only from the proprietors of the east* ern division of Jersey, he could not take upon him- self to join in a commission for ascertaining the boun* daries of the whole province. A declaration of this kind was no more than what might be expected from those who, having missed their principal aim, woul4 be well content that this affair should sleep possibly another thirty-tour years, till v' ome favorable juncture should offer for reviving it. But I hope 1 shall be ex- cused for offering, with all submission, my humble opinion, that now is the time for pushing those pro* prietaries in their turn." The reader, therefore will perceive, that the Lieu- tenant Governor's message could neither disserve him with the Ministry nor the House ; who, on the 25th o# April, agreed with him in the expediency of temporary lines both with our eastern and western neighbors, and pledged their faith for their propor- tion of the expense, without the least exception to hia change of the Commissioners in the ordinary ei;er« cise w the prerogative of the Crown. 23 '•'-*-*■-■ ' ■»-*P^^*Wi**^i«iW ■ HW I 170 [Chap. IV. fei I But the late mock quarrel of the Lieutenant Go- vernor ami the Assembly, did not entirely elude the suspicion that the latter had made some condescen- sions more to serve him than the colony : and whe- ther it in to the same or some other motive, that the agent's letter to Mr. Jonep, of the 30th of January, 1754, was long concealed from his fellow-members and the public eye, is 'ell to the reader's conjecture. It was in this that he owned the receipt of their me- morable impeachme it of the late Governor, and ven- tured some hints uii'avorable to the towering hopes of the party in pr-wer. " I have delivered in (says he) at the Board of Trade, your representation touch- ing the thirty-ninth article of instructions toSirDan- vers Osborn, and am very apprehensive that that matter will take up a loiig consideration, as it must come before the King in Council, where, at the same time, it is not improbable that the representation of the Board of Trade, touching the state of your colony, will likewise come under deliberation. 1 hope time will be given to the culony to answer the charge contained in the preamble of that instruction, which, it is said here, can be supported by facts taken from the public t ansa, ens of the General Assembly. I also apprehi th, ihe Board of Trade will acquaint Mr. Clinton ^vith the instances of his mal-administra- tion me r med in that representation, and that your House will be called upon to prove the assertions they have made. It will be proper to have the proofs in readiness." He wrote a confidential letter of the same date, the contents of which can only be guess- ed at from Mr. Jones's answers of the 1st of June; the whole of which is herewith transcribed. " In your private letter of the 30th January, you inquire, ' In case we should be called upon for our proofs agiiinst Mr. Clinton, how could we prove that two In- dian companies never existed, whose muster-rolls were sent home on oath .?' If such companies ever existed, it was certainly with uncommon secrecy, since, by the strictest inquiry, no footsteps of any Buch thing has hitherto been discovered. We should [Chap. IV. le Lieutenant Go- entirely elude the some condescen- colony : and whe- T motive, that the 30th of January, B fellow-members ader's conjecture, ceipt of their me- iovernor, and ven- le towering hopes delivered in (says iresentation touch- jctions to Sir Dan- •hensive that that eration, as it must vhere, at the same ) representation of tate of your colony, tion. 1 hope time nswer the charge instruction, which, ly facts taken from leral Assembly. I ^'rade will acquaint tiis mal-administra- lion, and that jfour ove the assertions to have the proofs iential letter of the can only be guess- )f the 1st of June ; transcribed. " In nuary, you inquire, pon for our proofs ( prove that "two In- whose muster-rolls ch companies ever incommon secrecy, 10 footsteps of any ;overed. We should m, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l^|2£ 12 5 J50 "^ nL< «* Ki 12.2 I.I lli 140 I 2.0 1.8 1.25 IB 1.4 111 = II - ^ 6" — ► Photographic Sciences Corporation «' 23 WIST MAIN STREIT WEBSTER, N.Y. 14580 (716)872-4503 m 7 '0 «' CIHM/ICMH Microfiche Series. CIHM/iCIVIH Collection de microfiches. Canadian institute for Historical IViicroreproductions / Institut Canadian de microreproductions liistoriques I*' < I I r I a 9 J "?WIM.|'|«||. ii-w." W W ' mm* ^4. 1754.] ;-- '■■;"';;. ,;. ._ be glad to have copies of these muster-rolls, if possi- ble to be obtained, which may probably leadC to further discoveries. The person Mr. Cliton made WPI " f w PTJ"'-^ ^^^'"'*' ^«« °ne Israel HoL.- was made acquainted with it by the representatives of that county, he sent to the ittorney*^ Genera for the mformation, and would never return it to Wm again I am perfectly well satisfied with the relscn™ which you give for not insisting on a public lirlrZ on the thirty-ninth article of tie instC ion a I ed no General Assembly of this colony wilKsent o ,t even m hat shape. I hope the next Governor U^^at comes (m case no mitigation be made before > wll bring With him instructions less vigorous and better cafculated for the interests of AmS and h^ own ease and quiet." Thus for the fir^letter Th« second, of the same date, is this .— « When I w;nl . you last, the House was fitting, and I theS al^w'' ed you that you might soon efpect to hear fZLt The session is now ended, and by our votes you S" perceive that we have done nothing towardsTe ex pedi ion to Ohio, though we had t^at affa rmuch S ♦h. r •• 7°" u " '^?^, '^""^ ^^^ obstruction aro^e from the thirty-ninth art c e of his Maiesiv's iu^tr..!Z^ T the late Sir Danvers Osbor^ f^dlLM rp^p^h'd'* will always be the case, as long as the iSstruc^,"on continues to have a being. You doubtless have «T ready, or soon will hea? from PeZvlvania whi" progress the French have made on thefe^feh not only makes them masters of all the fur na ions of Indians, but intimidates those which we call n.l« and puts it into their power at any tTmeTo harass Z' southern colonies fro^m that quaW, as th'; do us "^^m—rrmiiv tyifmmfmrmr ■i— j i i i i ii mijm i V- »^<> [Chap.rr. and our eastern neighbors from Crov/n Point ; and unless some vigorous resolution be taken, I fear poor English America will soon fall a prey to the bound- less ambition of France. I have very lately received your letters of the 30th of January,* via Philadelphia, and shall communicate them to the House at their next meeting. I expect you will hear from our Lieut. Governor, touching the Jersey affair of the line, and also from the Commissioners appointed tor that pur- pose, touching Massachusetts Bay, &c. I have wo- thing further to add at present, but that the House •eems to be entirely well satisfied with your conduct, &c. The ensuing summer will ever be remembered for the first Congress of Deputies from sundry of the colonies, for their common defence. Albany was the place appointed, and the time the 14th of June." Mr. Delancey, as the only Governor who attended, took the chair, and the rank of the gentlemen who composed that assembly being adjusted, they sat in the following order:— ^-on the right, Mr. Murray and Colonel Johnson, two of the Council members of this colony; then the commissioners of Massachusetts Bay, Mr. Wells, Mr. Hutchinson, Colonel Chandler, Colonel Partridge, and Mr. Worthington ; Mr. Wy- burn, Mr. Atkinson, Mr. Ware, and Mr. Sherburn, from New Hampshire ; and from Rhode Island, Mr. Hopkins and Mr. Howard. Opposite to these, on the Lieutenant Governor's left, were two others of the New- York Council, Mr. Chambers and Mr. Smith ; then the Connecticut delegates. Lieutenant Governor Pitkin, Major Wolcott, and Colonel Williams; for Pennsylvania, Mr. JohnPenn, Mr. Peters, Mr. Norris, and Mr. Franklin ; and Colonel Tasher and Major Barnes, for Maryland. * They were not disclosed to the House till the 16th of October, 1754, though the Assembly sat in the spring till the 4th of May, and again from tile 20th to the 29th of August, and passed a law. Nor is it certain that these letters were produced even in October, the entry showing that the speaker laid bereral letters before tlie House without inentioninjr their «tete«. | i » l . I I I W HII I [Chap. IV. Point; and 1, 1 fear poor ) the bound- ely received Philadelphia, ouse at their ►m our Lieut, the line, and for that pur- 1 have kvo- at the House rour conduct, remembered sundry of th« bany was the of June." vho attended, entlemen who (d, they sat in r. Murray and embers of this klassachusetts nel Chandler, ton ; Mr. W^y- At. Sherburn, 5 Island, Mr. these, on the others of the Mr. Smith ; it Governor illiams ; for •8, Mr. Norris, ir and Major IT«4.} 181 \ of October, 1754, ay, and again from Jor is it certaia that L-y showing that the mentionin; their Mr. Delaneey, on the 29th, opened the treaty with the Indians, who had been tardy in assembling, by a speech preconcerted by the commissioners, and the presents were disti'ibuted in the name of all the colO" nies represented at that meeting. It is sufficient to observe, on the whole, that the Indians, when dismissed on the 11th of July, were, or affected to be, well pleased, and engaged their co- operation against the designs of tfte French ; and yet. one of these woodland Kings, who chalked out a sketch of the interior forests, rivers, and lakes, with a clear discernment of their relations, dropped the jealous but judicious observation, that Louisburgh was one key of the inland country, ai»d New- York another, and that the power which had both, would open the great chest, and have Indians and all. The main objects of the commissioners were, a compact for the united exertions of all the colonies in future, and a representation to his Majesty for the establishment and execution of the plan. To this end it was proposed, that one general go- vernment should be formed, under which each colo- ny should retain its present constitution, except in Ae subsequent instances, directing a change : that the general government be adi^lnistered by the Pre- sident General appointed and supported by the Crown, and a Grand Council elected by the respec- tive colony Assemblies : that when an act of Parlia- ment was passed for these purposes, the provinces should choo£e their delegates, to form the Council, ht the following proportions : Massachusetts Bay . - - . . 7 New Hampshire - - - , . 2 Connecticut ----- 5 Rhode Island 2 New-York 4 New-Jersey ----- 3 Pennsylvania ..... 6 Maryland . .... 4 Virginia - .... 7 North Carolina ... - - 4 South Carolina 4—48 r- '•«.«■ .mi l; . ' ■ ' I ' - ' I ' mmi 182 [Chap. IV. To meet first at Philadelphia, on the call of the President General, as soon as conveniently may be after his appointment : that the Council be triennial, and every interim vacancy, by death or resignation^ supplied at the next sitting of the Assembly of the colony he represented : that after the first three years, the number of delegates to be regulated by their con- tributions to the public treasury, yet so as to be ne- ver less than t¥ro to a colony, nor more than seven : that the conventions of the Council to be annual or oftener, on their own adjournments, or the call of the President General, upon emei^encies, with the writ- ten consent of seven, with due previous notice to all the members : that they choose their own speaker, and be neither dissolved, prorogued, nor continued to a longer session than six weeks, without their consent, or the special command of the Crown : that the wa- ges of the Council, be each ten shillings sterling per day, eundo, mancudo et redeundo, at twenty miles for a day's journey : that the assent of the President General, necessary to all acts, and that it be his duty to carry them into execution : that he, with the ad- vice of the Council, hold all Indian treaties, affecting the general interest, and make peace or war with the Indians ; lawu regulating the Indian trade ; all pur- chases, from them for the Crown, of lands not now within any colony, or when reduced to more conve- nient dimensions : that they grant out such new ac- quisitions, nomine regis, reserving a quit-rent for the general treasury ; raise and pay soldiers ; build forts ; equip vessels, to guard the coasts on this side of the ocean, lakes, and great rivers ; but not to impress men in any colony, without the consent of its own Legislature : that, for these purposes, they make laws, lay and levy general duties, imposts, or taxes, equal and just considering the ability and other circum- stances of the several colonies, and such as may be collected with the least inconvenience, rather dis- couraging luxury then loading industry with unneces- sary burdens : that they may appoint a general Trea- surer, and in each government a particular one; ^iid ■^ mw iw^B^r^i^w^i^ [Chap. IV. call of the ntly may be be triennial, resignation^ rably of the three years, ay their con- as to be ne- than seven : )e annual or e call of the nth the writ- notice to all »wn speaker, continued to ;heir consent, that the wa- 9 sterling per twenty miles the President it be his duty with the ad- ties, affecting war with the ide; all pur- inds not now more conve- luch new ac- It-rent for the ; build forts ; side of the it to impress it of its own !y make laws, taxes, equal ther circum- jh as may be , rather dis- ith unneces- leneral Trea- ar one ; 911^ llD'k] 133 either draw for all sums upon the general treasury, or upon each particular treasury, as they find most con- venient ; yet no money to be issued but by joint or- der of the President General and Council, except on particular appropriations where the President is pre- viously empowered by an act : that the general ac- count to be annually settled and reported to every Assembly : that the quorum, to act with the Presi- dent, to consist of twenty-five members, having one or more from a majority of the colonies : that their laws not to be repugnant, but as near as may be agree- able to the laws 01 England, and be transmitted to the King in Council for approbation ; and, if not dis- approved within three years after presentation, to re- main in force : that the Speaker of the Council, on the death of the President, officiate in his stead, un- til the King^s pleasure be known : that all military commission officers for the land or sea service, under this general constitution, be nominated by the Presi- dent, with the approbation of the Council ; and all civil officers by the Council, with the approbation of the President ; but a vacancy in any province, in a civil or military office, to be supplied by the Gover- nor of the province where it happened, until the pleasure of the President and Council can be known : that the military and civil establishments of the seve- ral colonies remain in their present state, this gene- ral constitution notwithstanding ; and that on sudden emergencies, any colony may defend itself, and lay the accounts of expenses thence arising before the President General and Council, who are to allow and pay as far as they judge just and reasonable. Except Mr. Delancey, every member consented to this plan, and qualified as he was rather for short al- tercation than copious debate, he made no great op- position. Besides, he had objections not to be start- ed before auditors of too much sagacity not to dis- cern the motives wb'^h excited them, and who were too unbiassed to suppress any disreputable and unpo- pular discoveries. In so unusual a situation, he was conscious of an awkward inferioritv, and found that Mpi- i iiMi,i ,um» in to procure the President's chair for tlieir Governor, and predicted, as he well might, that it would not be much encouraged by New- York. 24 i.aigwwiw II I mpiy — ■ [Chap. IV. t lemporniy t' Massachu- ihcr rcspccl- ic CoUeclor, Icr, well cal- ng ill tlic A(l- .i (hat Court, rnm one vote there. The 3W what the forwarding a 5 the seizure, the sentence >B8 had alrea- all resided in 11, cousin-ger- i member for g, if it did not it of the day.* er, they knew ^ngland in the a,t from their force, on the uiversally ap- ad appealed of the Board lin a commis- >ns could not favorite but iincil tiicn present r. Chambers, who a mode nerfectly Lhousaad pounds to [red and forty-eight (f the two indepea- } be delivered, on the advice of his ^ts, and had given Jeutenant Gover- >f the quit-rents, the laih Septem- J7M.J tm erroneous idea of Mr. Delanccy, till the controversy concerning the construction of the grants, and what tiie true boundaries were, was first adjudged on a commission; that this was the mode also for sett'iig our eastern limits, and that he wished to be ready with the names of the Commissioners of our choice ; that he kept a watch on the great men of that coun- try, respecting the afTiiirs of the colony, but that no- thing was determined as to the representation ; that the address to the King had been sent np to the Coun- cil, with a letter from the Board of Trade, and that it would lay over till their report was made upon the representation ; that the Board of Trade had of late afiected great privacy, and were so jealous of the in- quiries of the agents, as to give strict orders respect- ing information, which they think improper, and had ^ot a poor Clerk dismissed from the Council Office, lor giving intelligence about one of their reports; adding, " We have here, some who have expressed so much warmth about the publication of the mstruc- tion, that they will spare no pains to blacken the co- lony, in order, if possible, to justify that measure, should the alTair come to a public hearing. There are others who, I believe, are inclinable to push the instruction by a more moderate course to the suc- ceeding Governor, and to drop the inquiry about Mr. Clinton's management, by directing that successor to report how the affair stands. The Parliament will be dissolved soon. Our sugar islands make a shining figure at present, there being about fifty persons, who, from their estates and connexions there, are at the same time using the proper means to have seats in Parliament. I fear we shall soon have them pushing not only for the continuance, but the extension of that monopoly they now enjoy." Again : " I take occa- sion of showing how much your colony has to do at home, if a war is to break out, and how unable you are to do that, and give assistance to others, after the heavy expense you have sustained in the late one ; ifiat the interior system of your own government is unhinged by the instruction, which restrains you from M ■' 190 ' [Chap. IV. providing the usual support, and continuing the taxes necessary for that end. I hope Mr. Delancey has touched upon this matter, because the present state of affairs will contribute more to get you rid of this restraint, than any other argument whatsoever. The complaint of the Virginia Assembly, about the pistole fee demanded by their Lieutenant Governor, was last week heard and rejected ; and the day after, Mr. Randolph, the Attorney General, who came hither to prosecute that complaint, was told at the Board of Trade, that his Majesty had no further occasion for his services. I am heartily sorry for the juncture of time in which this rejection and dismission have hap- pened. Much has been said about the warm votes of the Assembly, and theic assuming a power to make use of public money to support their complaint. No nomination is made of a Governor for your colony, and until that is done, other matters will stop, unless the present exigency of affairs determines the Minis- try to let the Assembly proceed to provide as usual for the support of the colony."* Nor was the prospect of internal harmony so en- couraging to Mr. Delancey as at the commencement of his administration. Mr. Clinton had a few friends, who favored him, not so much for the sake of" his cause, as from a jealousy that the popularity and am- bition of his adversary endangered personal safety, or obliged to an humiliating insignificance, and a "base state of cringing submission. His accession to the command, induced to that partiality which was necessary to reward the services of his tools ; and the want of means to gratify the expectations of others, increased the number of the discontented. His incaution respecting the institution of the Col- lege, enlisted many others on that side ; and the oil of religious zeal being poured upon the coals, kindled a flame, neglected at the beginning, but in its consc- j * Vide Mr. Charles's letters to Mr. Jones, of the 7th and 8th March, 8th April, and 27th June. 1 Tbi. i^ [Chap. IV. Diitinuing the taxes Mr. Delancey has I the present state ^et you rid of this whatsoever. The ^ about the pistole Governor, was last he day after, Mr. who came hither }ld at the Board of rther occasion for for the juncture of smission have hap- ut the warm votes g a power to make jir complaint. No r for your colony, rs will stop, unless jrmines the Minis- > provide as usual i\ harmony so en- le commencement had a few friends, ir the sake of his opularity and am- d personal safety, ^nificance, and a His accession to rtiality which was of his tools ; and ; expectations of the discontented, tution of the Col- side ; and the oil the coals, kindled :, but in its consc- e 7th and 8th March, 8lh 17 M.] ' • jyj qucnces destructive of his popularity, and unfriendly to his repose all the rest of his life. When divers sums had been raised by public lot- teries for founding a College, they were, by an act of the Legislature, in November 1 75 1, delivered over to the custody of a set of Trustees, consisting of the eldest Counsellors, the Speaker, the Judges of the Supreme Court, the Mayor of the metropolis, the Pro- VHice Treasurer, James Livingston, Benjamin Nicoll, and William Livingston, Esquires, whose trust was to take care of the principal and interest, and all fu- ture additions, until disposed of by the Legislature. They were afterwards empowered to draw five hun- dred pounds a year more, for seven years ensuino-, out of the Treasury, into which it had flowed as a dut^ of excise ; and then they were to begin a course of instruction, under masters of their electing for their new seminary. Soon after the first of these acts, the Wardens and Vestry of Trinity Church, by Mr. Barclay their Rec- tor, offered a part of the estate of their opulent cor- poration in the suburbs of the capital, for the erection and convenience of the College. This was so early as the 8th of April, 1752; and in autumn 1753, Dr. Johnson, the Episcopal Minister of Stratford in Con- necticut, was invited to take the President's chair, and Mr. Whittlesey, a Presbyterian Minister of New- Haven, to serve under him, as second master of the new mstitution. The churches of other denominations soon took the alarm, suspecting that the Episcopal persuasion intended to engross the government of the College ; and the press began daily to represent the impolicy and injustice of devoting funds rSfsed by all sects for a common use, to the dominion of one. They were no longer in doubt than till the spring oi this year, when, on the 1 6th of May, Mr. William Livingston discovered that his fellow-trustees were bent upon applying to the Lieutenant Governor for a charter under the Great SeaL The plan of its go- vernment being exhibited in a draft then laid before h.i t0Ht 1*1 -wrf« [Chap. IV. llie Board of Trustees, that gentleman protested against their proceeding without the authority of the whole Legislature, to whom they were responsible Jor their fidelity : but the other Trustees would not suffer the entry till four days afterwards, on their ap- proving a petition which the Lieutenant Governor iiad consented to receive; the design being avowed, of excluding every man from the President's chair who was not in communion with the Church of Eng- land, and introducing the Common Prayer Book for the religious exercises of the College. The Lieutenant Governor laid this request before the Council for their advice, and the grant passed against the opinions of Mr. Alexander and Mr. Smith, who assigned their reasons in a protest on the Coun- cil books. Mr. Delancey himself, who either con- ceived Its foundation illiberal, or unfriendly to his popularity, after fruitless endeavors to dissuade the projectors from exacting the fulfilment of a promise they had extorted, ordered the seal to be put to the charter with some hesitation, and to the general dis- satisfaction of every other religious persuasion in the colony, to whom, in point of numbers, the Episcopa- lians did not constitute the proportion of one-tenth. It therefore concerned the Governor and his party, especially as the inquietude occasioned by the irrup- tion of the French and Indians upon Hosicke and benkaick above Albany was general, to improve the ensuing session for securing the favor both of the Crown and the people : and the autumn session was therefore no sooner commenced, than two popular bills were introduced— one to restrain prosecutions by information, and another to enlarge the power of Justices of the Peace, by enabling them to decide in ciril causes to the value of five pounds. ^yhile the Assembly were pondering how to fulfil their engagement before the late adjournment in Au- gust, Mr. Delancey urged them to several popular laws ; supplies for new works at Albany and the fron- tiers; the discharge of the demands of public credi- tors, and particularly of that to Colonel Johnson, with P>ap. IV. man protested uthority of the re responsible tees would not Is, on their ap- lant Governor being avowed, isident's chair hurch of Eng- ayer Book for ■cquest before grant passed ind Mr. Smith, . on the Coun- either con- •iendly to his > dissuade the of a promise be put to the s general dis- suasion in the he Episcopa- )f one-tenth, md his party, by the irrup- Hosicke and improve the both of the 1 session was two popular prosecutions the power of to decide in how to fulfil iment in An- tral popular md the fron- )ublic credi- :>hnson, with 1751.] *- whom he was reconciled. A few days afterwards h.. made further requisitions for purchasing a Jebemu^ cTous i tl. nf T"' '''■'^Po^^J « «a*v, with the spe- Quh re ts o^'-ender.ng the recovery of his Majesty's ^hn h 1 1 '''"^'■' ^"^ "to compel those (says hel who hold large tracts of uncultivated land to a snee Thl5 nn 7T '" S^"'^'*" «t Albany. ^ existence ot the colony ; declared they were at a Jos^ against^misa'pfctt 1 1£^^^ "Z^r "'""' 0. other otfic^e^s of the C.^!^: ft^ 'iVbe fotrtX' ...struction notvvithstanJinr Zt 1 r.^ f'*,''"'' P''"''"!'"? /<>"• t!.« year, the charge of his demauds, and a iut^ll t,\ ''^ ""T"*'* ^'^ •>"?«« "^ «'« dig- that the bill for pavinff th" pub£ cr«H f '' ^ '' ""'' If ""^ *"'*' '"'«™'' him support, went up, but we'eff L bv ^T^ " "^ '' "'"* ^'"' "'" '""""' latiuus. "opped by the CouncU, contrary to fais e%e<:- j»ai - xs^ ^ .^ ..■.^ _ > ?" » 194 [Chap. IV i a mistake : that it is strict appropriation which pro- duces such security, and not the present mode of granting the revenue annually, which of itself is of no effect at all, and if directed to the above purposes, what the Assembly themselves would not allow. They inform the Governor, that they have no objec- tions to checks and penalties for preventing and pu- nishing misiipplications; but add, that if the Assem- bly persist, by the means of anrmal grants, either to attempt arresting from the Crown the nomination of oHicers, or any other executive part of government, or disappointing the most essential services of the province, unless such pretensions are complied with, though they may have succeeded in such attempts, either by the weakness and corruption of Governors^ or by taking advantage of the necessity of the times: " yet these attempts are so unconstitutional, so incon- sistent with the interests of the mother country, as well as of the Crown, and so little tending to the real benefit of the colony itself, that it will be found they flatter themselves in vain, if they imagine they can ever give them a stability and permanency. I hope, therefore, (continued Mr. Delancey,) you will take these weighty reasons into your most serious consi- deration, and provide a permanent revenue for the support of government, in such a manner as may put an end to any dispute on that head." But he had it also in charge to inform them, that he could no longer consent to any emissions of paper money as a legal tender, nor to any bill for this species of money, though no tender, without a suspending clause till the King's pleasure could be known ; and he desires the House to conform to these directions. If he knew at that time, of the ill success of their address against Mr. Clinton, his reasons for conceal- ing it are obvious.* * Mr. Charles's account of it IGtli November) is this: — "Observing that your Honorable House have not received any notificatian in form of theiiMtdilress to the King in December last, transmitted by the Lieutenant Povernor, J think it consistent with my duty, and the attention I onre to [Chap. IV. ition which pro- resent mode of h of itself is of above purposes, )uld not allow. have no objec- vonting and pu- at if the Assem- grants, either to le nomination of of government, services of the f complied with, such attempts, of Governors^ or :y of the times : tioiial, so incon- her country, as ding to the real II be found they aagine they can nency. I hope, ) you will take t serious consi- revenue for the iner as may put But he had it could no longer loney as a legal ?cies of money, ding clause till and he desires ions. success of their 3ns for conceal- is this: — "Observing notificatian ia form of tted by the Lieutenant ;he attention I owe to 1754.] . ,9^ This produced an address, disclaiming all inten- tion to abridge the Executive, though they would not recede from the new. mode; and a declaration, that they could not construct forts without a further emis- whatever proceeds from the General Assembly, to inform you that his Ma jesty has been p eased, by his Order in Council of the 6th of Au^ t to reject the sa.d address, upou a representation of the Lords Commi! oners for Trade and Plantations, who have undertaken to verify the rhXe apmst the colony, contained in the 39th article of instructioL o .hSe S r DanversO^born Baronet. I am sorry to find that their LorLbip have vmir sSh'S '" '■'.'''L^^' woms/afee/y and maliciouslt,, made3inn yo ir said address to their representation of the state and condition of the colony, instead of applying them to the suggested matter andsunnolJd facts upon which that representation is thougll to be foundedrand aS which you have desired to be heard— foMhis I take to Hp H,« „hL S"tf •'",' -temio« of your House in the ""^ of ho' e w„ d " It w" about this time that Mr. Charles framed a case for Doctor Ha 's ooinTo^ offeS"? T "!«*™?''°»' preparatory to his design of cilmp a.ning Sfthe offensive instruction in a petition to the King; but it cannot be asceranf ed that It was ever carried into execution. It is, however, here tranSh- ed, to gratify the curiosity of the reader. iranscnb- " New- York is one of the most considerable of the British f be sunk by a n, commencing to cease ; ana is a clause in- ider for a debt J this hiht ; for were instantly ough the scar- their immense 'nly appeased th suspending uin before the bills not ten- to make them Id create con- g money, they igaging for the to Mr. Delan- four hundred ?pendent com- Irawn away to when Captain ission, to take ►any, with Mr. ily a sergeant '}th but three jOAvder in the he Lieutenant 17.U.] m Governor's door, during the sitting of the Congress at Albany were relieved bv others Iho came ffom he sani.g of the Chief Justice's salary of three hundred poinds a year and an augmentation of iif,y to Mr Chambers on that account, yet „„thi„g was added to the.r former vote of one lun.drcd pounds to the third Judge who had deserted the party, and made h^ peace with Mr. Clinton, and been -eJtored Z\t oAce, 2mh of July, 17.03, on th. future tenure of good behavior, and who was therefore out of the reach o nJJ^h'^ 7^1,^ necessity at this juncture, that the ZZesil ^'"™"^ ^'""'^ ^' ^'8"-"^ of their The conduct of the College Trustees, and the scheme to g.ve the Episcopalians a pre-eminence in n fit A ,«^'^J^«ec aries, and compelled the Houie to attend o their clamors. To thiS end, soon Xr heir meeting, they ordered the Trustees to report their transactions under the act by which they had been appomted ; and the same day, the Ete^s Elders and Deacons of the Low Dutch a^anc en ' opulent, and enchartered Church, presented a pe"-' lated by an act of the Legis ature, and insisted tLf provision might be made in it for a Se s^of thdi numerous denomination. rroiessor ol then .J^t '*'''"^^^^^. <^a«»e up on the first of November and the contrariety of sentiment amongst S apJ peared m two separate reports, Mr. William Liting- iM^on another. They were no sooner read, than the the Lords of Trade! but one hunSrpd In t "^^'T *"• ^^^ '^"«'- <"""n more on consideration of the „rp«jl?^ a «% Po^ds, »vith fifty pounds in." any vacaocHX Xf s'eT^/jSe! °'''' "ffi-'^it^out exW amut j'i.w ' j >< ij,ji i Bi ii!i -<>t* [Chap. IV. House became divided upon a motion to enter both of them at large on the journals of the House, which was carried by a considerable majority. The capi- tal then in the hands of the Trustees, exclusive of the annual revenue of five hundred pounds from the ex- cise, was five thousand four hundred and ninety-seven pounds, fourteen shillings and sixpence. When the reports were considered, the Assembly resolved, nem. con.^ " that they would not consent to any disposition of the monies raised by way of lottery, for erecting and establishing a College within this colony for the education of youth, or any part thereoi; in any other manner whatsoever than by act or acts of the Legis- lature of this colony, hereafter to be passed for that purpose." And Mr. Robert Livingston, who repre- sented the manor of that name, immediately had leave to bring in a bill to establish and incorporate a College, which he introduced that very afternoon. The scheme opened by this bill, puzzled every branch of the Legislature. There was no hope of its passing either the Council or the Lieutenant Gover- nor, not only from its repugnancy to their own reli- gious attachments, as members of the Episcopal Church, but because it subverted the establishment they had given it by letters patent in the name of the Crown. By the Assembly it could not be rejected from their dread of the people, nor passed consist- ently with their party prejudices. In this dilemma, Mr. Walton found them a door of escape, by a mo- tion that the committee to whom it was referred be < discharged, the consideration of the bill postponed to the next session, and in the interim printed for the opinion of their constituents. It was introduced with observing, " that the subject was of the utmost con- sequence to the people they had the honor to repre- sent, with respect both to their civil and religious li- berties ;" and that the advanced season of the year did not give time to consider all the parts of the bill with that attention its vast importance required.* * It may be seen at large, with Mr. William Liringston's reasons, in the journals of the Assembly. The bill was drafted by Mr. Scott, for insti- [Chai). IV. 9 enter both ouse, wliich The capi- lusive of tne Irom the ex- ninety-seven When the esolved, nem. y disposition tor erecting olony for the in any other of the Legis- iSBed for that II, who repre- ediately had i incorporate y afternoon, luzzled every no hope of its enant Gover- heir own reli- he Episcopal establishment e name of the be rejected issed consist- his dilemma, ipe, by a mo- i8 referred be ill postponed (rinted for the Iroduced with utmost con- mor to repre- religious li- of the year is of the bill •equired.* i754.J 201 This measure increased the jealousies abroad, es- pecially when it was observed that the House after- wards set another lottery on foot ; negatived a mo- tion of Mr. Livingston's, to postpone the second read- ing of the bill for it to the next meeting, and another for a deposit of the money, till applied by a future law ; and carried a third for striking out a clause for enacting that any member, for moving to apply the sum to be raised by it for any other than the use of the College, should be expelled. Though fully premonished by the agent, that the controversy with New-Jersey would not terminate, unless by the adjudication of a Court of Commission- ers constituted by the Crown, and urged by memori- als and proofs of the distressed condition of the peo- ple on the borders ; yet, from an obstinate attach- ment to the opinion, that the stations from and to which the dividing line was to be run were clear, or to protract the controversy, an act was now passed to submit it to the King, and a vote entered as a se- curity for a moiety of the expense.'"' ** An act is pass- ed,'' says the Speaker in his letter of the 7th Decem- ber, ** submitting the dispute to his Majesty solely, which we know will bring that matter to a speedy issue U's reasons, in the fr, Scott, for insti- The act to regulate informations for oHences pro- secuted in England by the Clerk of the Crown Office, was a very popular law, though it much of!ended the then Attorney General,t who had excited the disgust of some merchants of distinction, by lending too easy an ear to trifling complaints, and informers of very slight characters. The English statute of the 4th & 5th William and Mary, cap. xviii., made no invasion upon the rights tutiog an Unireraitj upon liberal priuoiples, on a proTincial eudowmenl, as free as possible from all the coatracted aims, prejudices, and partiality of sectarian zeal. * His Majesty repealed this act; and, by an instruction of the I2lh of August, 1755, required a law to provide for the expense of cxecutingp a commission, under the Great Seal of Great Britain. + Mr. Kempe, who, with his fantOy, arrived here 2d November, 17r»y. 26 *T-'\ rJ m % IM m Ik '10'2 LChap. 1\. of the King's Attorney General, for it affected onlv the Master of the Crown Office. But this act, sincr we had no such officer, was meant to bind the Attor- ney General, whenever he proceeded for such offen- ces, as the Master might prosecute in England, and was therefore unskilfully drawn, unless it abridged the confidence reposed by law in the Attorney Ge- neral ; and if it did so, the Crown was in some mea- sure affected as well as its Attorney, whose emolu- ments, by a law withdrawing confidence in his prudence and if)tegrity, for slighting frivolous appli- cations, were greatly abridged : for, according to the design of this act, no information for misdemeanors prosecutable by the Master of the Crown Office, could be instituted, but at the risk of costs to the de- fendant unless it was filed by order of the Governor and Council, or the Judges of the Supreme Court, or where the Court shall certify that there was reason- able cause tor the prosecution. The security requir- ed, is rarely adequate to the charge of the defence. But it is a much more material fault in legislation, to leave it doubtful when Mr. Attorney proceeds as such, or as Master of the Crown Office. It was ad- judged by Messrs. Delancey and Horsmanden, Octo- ber Term, 1756, in the case of Gomez and alii ads. Dom. Regis., that the informer, if bound for the costs, is no witness on the trial to prove the assault, &c. upon himself nor his wife. The counsel for the de- fendants cited Ciil. Evidence, 121, 122. Trials per p. 12e. 1 Sid. 337. Hard. 331. Kempe, Attorney General. Interested witnesses are received, where necessary. Per Curiam. The objection is unanswerable. The prosecutor is evi- dently interested, and the wife by necessary conse- quence. Since the statute of William and Mary, of which our act is nearly a cojiy, a nominal prosecu- tor is named in the information, to elude this very objection. The defendants were acquitted. The Kit)g's Bench will not give leave to file such informations, on the application of the Attorney, as he may bring ex officio : those cases are not within [Chap. 1\ . it affected onlv t this act, Bincr bind the Attor- 1 for such oflen- n England, and ess it abridged 10 Attorney Ge- is in some mea- , whose emolu- ifidence in his frivolous appli- iccording to the r misdemeanors Crown Office, ' costs to the de- i the Governor preme Court, or ere was reason- security requir- of the defence. It in legislation, ley proceeds as ice. It was ad- smanden, Octo- nez and o/tt ads. nd for the costs, the assault, &c. nsel for the de- 22. Trials per ested witnesses vr Curiam. The 'osecutor is evi- lecessary conse- im and Mary, of jminal prosecu- elude this very quitted. ;ave to file such he Attorney, as \ are not within i7a|.j 203 ho£f the nr!ln • ^'*'^'?'*'^' ^'^^ ^'^^'' ^^^OiM wilh- fJnn ; p . v.* *'''*"*^ instance w( ore the d.ospcu Th« England belongs to the Crow.. OfXce^"'''" mented h^ ' i Lieutenant Governor's, for it aug- Th2 oroS « 'frr " ^'^'y P^-*^ of th« colon! 'the righu "l^he pci pie, and It was his misfortune, that tlie first «!t;., dication m Error riveted thes; unfavorable' s^." r. i iH W . ■ > ! i jj 204 [Chap^lV. A bill of exceptions had been taken on a trial at Bar to the opinion of the Bench, and execution sus- pended by a writ of Error, returnable before the Lieutenant Governor and his Council. The question above was, whether the writ ought not to be quash- ed, the King, by one of the instructions, having per- mitted appeals to them, wliere the quantum in litiga- tion was upwards of three hundred pounds sterling. The verdict in the present case was for a less sum ; but the counsel of Bryant, the plaintiff in Error, for the retention of his cause, insisted that the writ of Error was a writ of right ; that, according to the re- cord, manifest error had intervened ; that the Gover- nor and ^outicil had been long in possession of the power to redress the errors of the Supreme Court ; that this authority was part of the colony constitu- tion ; that though it originated by, yet it did not de- pend, any more than tnc Supreme Court, upon the royal instructions ; that the existence of such a Court of Errors was essential to the due administration of justice in the colony; that though the Court of the Governor and Council would not prescribe for their right to take cognizance in error, as the House of Lords did in England, it stood nevertheless upon the principles of necessity and utility, which had given birth to the prescriptive right of the peers, and that it was their duty to hold, and as far as possible am- plify, their jurisdiction ; that the authority could not be legally abridged or altered at the pleasure of the Crown ; that had the instruction the emcacy of a law, yet speaking only of appeals, a term known in the civil law, it could not relate to relief in a course of Error, according to the common law; that it had never been duly promulgated, and was therefore not binding upon the subject ; that the writ of Error was itself a commission under the Great Seal to the Lieu- tenant Governor and the Council, posterior to the instruction, and for that reason their authority was not affected by the latter ; and, lastly, that unless the judgments of the Supreme Court were reversible in this way, they were so in no other, and the Judges. [Chap^V. taken on a trial at and execution sus- rnable before the ncil. The question it not to be quash- ctions, having per- j quantum in Titiga- ;d pounds sterling. vas for a less sum ; iintifT in Error, for sd that the writ of icording to the re- d ; that the Gover- I possession of the e Supreme Court ; le colony constitu- , yet it did not de- le Court, upon the ice of such a Court ; administration of 1 the Court of the prescribe for their , as the House of ertheless upon the , which had given he peers, and that ar as possible am- uthonty could not :he pleasure of the e efficacy of a law, erm known in the lief in a course of law; that it had 1 was therefore not » writ of Error was li Seal to the Lieu- L posterior to the heir authority was )tly, that unless the were reversible in r, and the Judges. consequently, had an u- ontrollable, absolute and fonnidable despotism ov jr the property of the sub- ject, in all cases under three hundred pounds ster- hng— an authq;rity dangerous to the colony and all suitors m it, not trusted by the constitution to anv Court in England. •' *i,'^o^.i!^®r"»'J^ "P®" **^'^ popular doctrine was on the 27th of Marcfi, 1755, anS the decision to over- rule all the objections and quash the writ, agreeably to the King's order, without entering into any in. quiry on the merits of the bill of exceptions The only satisfaction of the counsel for the plaintiff in Er ror, (of whom the author was one,*) arose from a dis- cernment that the whole Court was conscious of a timiid obsequiousness; and the Lieutenant Governor and Mr. Murray, more anxious than others, contra- vened the doctrine they had endeavored to inculcate in that opinion, which the latter had delivered lipon honor to the Assembly, to support the Court of Ex. chequer, m the year 1734. Before this determination, Mr. Delancey and the Council had fallen under some degree of oiium. The undistinguishing multitude were alarmed at the oros- pect of a war, and th,» defpnoeless condition both of our sea-coasts and inland frontiers. Ii was to stin these clamors that the Council advised, and the Lieu Ibfr/uK Ti"**' »««"*^^':jn "n«8ual proclamation, on the 10th of January, under his private seal, calling the Assembly to meet on the 4th of February, thouS they were under an adjournment to the second Tues day in March. "^^' He informed them of the armament comine out with General Braddock, for the expulsion of Sie French from the Ohio ; urged them to fortify the co- ony; advised to a more compulsory regulation of the mihtia, and to an attention to the Inlians and f With Mr. William Livinmton and Mr. Scott Mr m;„„ii r « bnant the defendant in Erro?^ on a mSion fo? quaswJ^ the wS *t%*'' wnt mn cause. To which we plead on the 26th DeccSr, 17M ' "'^ " i ff ■5 ' -i lie i ^»6 [Chap.IV. said, « he flattered himself that they would not risk losing tbeir ail hy an iU-ttmed parsimony." During the consternation, the proclamation, (not- withstanding a perfect concert took place between all the three branches for disregarding the royal in- structions, and in a few days they emitted forty-five thousand pounds in bills of credit, to be sunk by a tax,) prohibited supplies of provisions to the French coloines, and subjected the militia to such duties and penalties as the Executive thought fit to prescribe, but to screen the Assemblymen, the militia act ori- ginated with the Council. At this juncture, Mr. Shiriey dispatched his envoys to animate the colonies to the project he had long meditated for exterminating the French from the north continent of America. This gentleman was colleague to Mr. Mildmaylfor adjusting the contests in America, leil unsettled by the peace of Aix la ChapeHe, and in the conference with the French commissioners at Paris, became jea- lous that France had the ambitious aim of subjecting ajl the northern parts of the new worid to her domi- nion. Then it was, that he conceiveid the idea of mak- ing a conquest of Canada. He proposed the design on his return to Mr. Pelham, but waa silenced by the pacific and economical maxims of that minister, and ordered out to bis government, from whence he never ceased his complaints, to excite administration to some vigorous exertions. The ministry were at length coimpelled to listen to his suggestions, by the accom- plishment of hispredictions, and letters were now written, by Sir Thomas Robinson, (Mr. Pelham be- ing dead,) apprising all the provinces of their dan- ger, of which Mr. Shiriey made a good use. To this colony he sent Mr. Thomas Pownal, who was trusted with the secret before communicated to the Assembly of the Massachussetts Bay, under the tie of an oath. Canada was to be threatened on the side of the Kennebec and the Lakes Champlain and Ontario, while Braddock's two regiments with the [Chap. IV. would not risk iny." lamation, (not- place between ^ the royal in- itted forty-five be sunk by a to the French iich duties and ; to prescribe, nilitia act ori- lied his envoys he had long ich from the r. Mildmay for unsettled by ie conference s, became jea- I of subjecting to her domi- e ideaof mak- ed the design enced by the ministerf and snce he never inistration to I'ere at length »y theaccom- rs were now . Pelham be- >f their dan- ise. Pownal, who nunicated to ri under the tened on the amplain and its with the J75J.J - , ^y^ Southern aid, were to penetrate and reduce the French Forts on the Ohio.* Pownal found Mr. Delancey and his party rather cold and backward, and applied himself to a party who from vanous causes were become so consider- able as to inspire the Lieutenant Governor with some awe, and especially as their views corresponded with •'^^recommendations of the ministry. The Lieutenant Governor, therefore, soon after Mr. Braddock's arrival, sent a message to the Assem- bly, on the 26th of March 1755, pressing for supplies to quarter troops and impress carriages &c. and ap- pnsed them of the precarious condition of Oswego, where the mrrison were exposed to want by the non- payment of their debt to Sir William Johnson, who had contracted to subsist them. r^M^lu^f communicated to them at the sane time Mr. ShirFey's letters, the Council called for a com- mittee from the lower house, to hear Mr. Pownal's eiplanation, and the joint committee immediately re- ?? ! •; KM ^^""^^^^ ^^^"^^ "^^ well concerted, and that if Massachusetts would raise fourteen hundred men, we, ought to find eight hundred, and they agreed to contribute to a general fund for the com- mon chaise of the war. «-I5*'5'1«"" lif'^»*^T^f ^'y preparations were bus- pcnded for Mr. Braddock's approbation of the plan. Mr. Shirley was piqued at thfs delay, for no act was, passed; but the house after three days adjourned, till the General's opinion could be obtained at a con- gress, to which he had called several of the Gover nors at Alexandria. That convention t was held on the 14th of April and when Mr. Delancey returned, ui^ed the AssW Wy on the 23d of that month to proceed ; inforaiinff them, that General Braddock had c onsented to the .•l*?!" ^^'•■'•y''* •«««"■ "M communicBted to the council of New v«,t ther Chw aod others, followad the d»y after. "*"""*'' """ •"» bro- s. !ly -«« [Chap. IV. plan, and the next day, the Assembly resolved and soon after passed bills, for levying eight hundred men, to act on the side of Crown point, to impress artificers for constructing boats, &c. and to prevent the exportation of provisions to the French. After these became laws, Mr. Delancey on the 2d of May adjourned the house to the 20th, and then to the 27th. when he further informed them, that Con- necticut had agreed to supply three of the eight companies at our expense, and that he had sent to Virginia for the necessary arms for the whole eight hundred; that more forts would be necessary on Hudson river, and a large vessel in the Lake, (St. Sa- crament, since Lake George ) ; that it was agreed a.f Alexandria to make presents to the Indians, and that money ought to be applied for that purpose, and for the expenses of Mr. Johnson, the Commander in Chief of the provincial troops, against Crown Point, suit- able to his rank of Major General. The Assembly, proceeding upon the plan of the late Congress at Albany, for apportioning the aids of the colonies, voted fifty pounds towards artificers for constructing forts. One hundred and seventy four 2>ounds ten shillings and eleven pence as their propor- tion of eight hundred pounds sterling, for Indian pre- sents. Eighteen hundred for arming their levies, and engaged for their proportion towards a vessel on the lake. A bill was set on foot for the payment of the necessary services of the Crown Point expedition, and clauses ordered to be inserted to pay the Lieu- tenant Governor, two hundred pounds tor his journey to Virginia, and twenty-two pounds more to his bro- ther Oliver, who went to Connecticut, to obtain three hundred men towards accomplishing our levies in that colony, and for his diligent and faithful services there, he had the thanks of the house. But before any further progress was made the Lieutenant Gov- ernor adjourned them on the last of May, to the 10th of June, when he informed them, that he had pro- cured arms from Virginia foi six hundred of their men; that a severe law was necessary to obstruct the sale of [Chap. IV- 'esolved and ght hundred , to impress prevent the ey on the 2d , and then to ji, that Con- of the eight had sent to B whole eight necessary on Lake, (St. Sa- iras agreed a' ians, and that 'pose, and for ander in Chief n Point, suit- le plan of the ng the aids of 3 artificers for seventy four their propor- iT Indian pre- |ir levies, and I vessel on the yment of the it expedition, lay the Lieu- ir his journey •e to his bro- obtain three »ur levies in lithfid services But before Litenant Gov- May, to the k he had pro- of their men; let the sale of I75i).j 2oy rum to, and purchases of, arms from the Indians ; that a reimbursement was required for a present to them of Indian corn, and that drafts from the Militia were expedient towards completing the levies. This message contained the iollowmg clause : «' In the quotas to be settled for the contingent charges which may arise, none of the colonies ought at present to be considered but such as are engaged in the expe- dition, lest the service should suffer by it, or by too minute a calculation. The proposed expedition is of such consequence, that it ought not to be retarded by any light consideration." On the seventeenth of June, he calls upon them for two thousand pounds, as a fifth of the expense of the train. Repeats his request towards General John- son's expenses. A supply of their prQfM)rtion to- wards Indian presents. Provision for a Quarter Master to be appointed by himself, and applauds the former evidences of their zeal. Two days after they agreed to give two thousand pounds towards the train ; four hundred and fifty pounds to the Indians ; fifty pounds to General John- son for his table, as much to the Colonel of their own regiment ; thirty pounds to the Major, and four shil- lings a dsiy to one of the Officers serving as Quarter Master. The Council afterwards sent the lower house a bill, against the exportation of provisions, stores of war, &c., and in the second reading of it, the Lieutenant Governor adjourned them again to the twentieth of June for four days. Mr. Kennedy, the Receiver General, carried, through his quit-rent bill at this session, but it excited resentment, and the house on the twenty-fifth of June, desired to know from the Lieutenant Governor what had been done respecting the powder he had seized as the King's Collector ; adding, '' that it will be impracticable to keep any gunpowder for the use of the colony, if it be liable to be thus arbitrarily seized and taken out of the custody of the officer, under pretence of being unlawfully imported." He . 27 i ^«f e 210 * ' • [ChapJV. replied, that the affair (as he took it,) rested with the lawyers, and promised to give directions to quicken the proceedings ;* and the same day they sent him a message, desiring him, as Mr. Shirley was hourly ex- pected, " to use his utmost endeavours to settle with him all matters relating to the Crown Point expedi- tion, that the same may not be retarded for want of any articles necessary for carrying on the said expe- dition." The Lieutenant Governor laid before them on the fourth of July, a request from Boston, that prepara- tion might be made by this colony for ai. addition to the troops. They only voted that they would augment their aid if it was necessary; and after adding sundry clauses for further expenditures, sent up the bill to provide figr the services, on the fifth of July, which the Council read thrice and sent up to the Governor, who passed it the very same day it came up from the Assembly, and he then adjourned them to the twenty- second of that month. The people of the Massachusetts Bay, taking the advantage of the common distress, were now making now inroads upon (he colony. The scattered farm- ers on the eastern borders, unable to resist the large bands of intruders who came upon them by surprise, had their property despoiled, and were themselves carried off" to distant jails, and harassed by the de- mand of extravagant bail. The pretext for these violences, besides a proclamation to apprehend the intruders, was a letter to Governor Shirley from Mr. Delancey, declining their proposal of last winter of having the decision of their controversy, relating to the partition, to disinterested referees ; but early in the spring, a committee under that government pro- tected by men in arms, began surveys for towns west and north-westward from Sheffield, and within twelve or fourteen miles of Hudson's River. These transac- * Mr. Kennedy did not succeed entirely to bis wish. To the hi'.] '-lerc were many popular clauses, for the Assembly would not impOL? %ny rent tipon the old patents that had been free from them before. [Chap. IV [•ested with the ions to quicken hey sent him a was hourly ex- 's to settle with 1 Point expedi- icd for want of I the said expe- jre them on the n, that prepara- )rai. addition to r would augment r adding sundry t up the bill to ti of July, which to the Governor, ;ame up from the emtothetwenty- 5 Bay, taking the irerc now making ; scattered farm- resist the large hem by surprise, were themselves assed by the de- iretext for these ) apprehend the Shirley from Mr. of last winter of •versy, relating to ;es ; but early in government pre- ys for towns west land v^ithin twelve These transac- Uish. To the br." '-^we I not impo-: ^ny "feni: before. 1755.] 211 tions were reported to Mr. Oelancey, by persons who conferred with the committee both at Sheffield and Springfield, in a letter of the twenty-ninth of May, and his silence at this session upon a subject so inter- esting to the proprietors of the manors of Livingston and Renselaerwyck, as well as many others in the north country, who beheld the rapid growth and as- piring spirifbf their eastern neighbours, administered to censure and discontent, it is some proof, if our in- telligence was true, that the committee were them- selves conscious of a defeat of title in their princi- pals, that they made presents of cultivated land to such of the tenants as were willing to contest the title of their landlords, and sold the residue at the low price of but two shillings lawful money per acre.* One of the prisoners was a workman taken from the casting of cannon ball at the Ancram furnace for the King's army ; and that the service might not suffer, Governor Shirley wrote to the judges, requesting that he might be bailed. It was no sooner read than they declared, that this interposition of the Gover- nor's was of itself a good reason for liolding him in close custody. This anecdote is recorded, not to ex- pose their ignorance of a prerogative vested by Jaw in the King, whose letters against law and right are doubtless to be disregarded, but to show the extreme jealousy of the high-spirited descendants of the men who had curbed the tyranny of Charles I. That Mr. Shirley, whose regiment with Sir William Pepperel's, had passed by us up the river on the twenty-fourth of June for Niagara, cens red the tardy proceedings of this colony, when he arrived at New- York on the second of July, and from which he departed two days after, was universally known. * The author accompanied Mr. Robert R. Livingston on this journey. On the 16th of May they met Brigadier Dwiglit, Colonel Choat, and Major Ilawley at Sheffield. They had a vote of the General Court, authorising them to make grants west of Sheffield and Stockbridgc, as far as to the province of New-York. They could not be dissuaded from prosecuting their surveys under so dangerous and indecisive a power, being uu'ler iii- K' ructions. They refused giving a copy of the vote. m jChap. IV . How well it was Ibunded, is left to the reader t(» determine. The Speaker's letter to the agent of the sixth of July, was doubtless intended as the justifica- tion of their proceedings. " By our last advices from the westward, Major General Braddock was on his march from Willis's Creek, within about fifty miles of the Ohio : his men well and in high spirits. On the fourth instant. Governor Shirley set At from this place tor Albany, his men chiefly gone before, intend- ing with all expedition for Niagara. This little army consists of his own and Pepperel's regimenti*. joined by five hundred men from New-Jersey, and five hun- dred more proposed to be taken from IVlajor General Johnson's command ; so that this union will of course carry into execution the clause and article of war you sent us, and show its effects. The enterprise to Crown Point has so thoroughly engrossed the afien- tion of the House, that they have not been able to apply themselves to the affair of the Jersey line. The provincial forces of this and the eastern colonies, arc on their march for Albany, in order with the utmost despatch to proceed to Crown Point, under the command of Major General Johnson, who, it is said, has engaged a good number of Indians to attend both armies, and I am in hopes by October next, we shall be in possession of all the settlements they have made on his Majesty's lands. This colony has, on this occasion, exerted its utmost, having in conjunc- tion with the colony of Massachusetts Bay, furnished the whole train of artillery, amounting to an expense of ten thousand pounds currency, the other colonies having furnished no part thereof." It must, however, be remembered, that one motive to the zeal of the party who had so long predomina- ted in the province, was taken away from the moment the news arrived in March, that Sir Charles Hardy was coming out to take the reins. Their disgust could not be concealed ; Mr. Delancey had the mor- tifying prospect of descending to the bench with a disputable tiile, and the members were not without their fears of a dissolution, from the firmness of the [Chap. IV. the reader t«» le agent of the 8 the Justifica- }t advices from :k was on his out fifty miles ;h spirits. On ;t iht from this before, inleiid- [his httle armjj riments. joincil f, and five hun- Major General n will of course article of war le enterprise to ssed the at*en- t been able to he Jersey line, astern colonies, lorder with the rn Point, under inson, who, it is tdians to attend jtober next, we aents they have colony has, on ing in conjunc- i Bay, furnished r to an expense ! other colonies nthat one motive )ng predomina- lom the moment ICharles Hardy Their disgust had the mor- bench with a fere not without firmness of the 1755.] 2i;{ I* administration respecting the permanent support, the rejection of their address to the King, the unac- countablcness of their act respectwg the Jersey line,* and the inattention of the Lords of Trade to their impeachment of the late Governor. Add to this, that the dissentions respecting the College had spread through the colony, and endangered the seats of several members ;t and that the Delanceys were not a little chagrined, both with Mr. Shirley and General Johnson. The former having preferred Messrs. Peter Van Brugh Livingston and William Alexander, to Mr. Oliver Delancey, for agents in the purchase of supplies for the Niagara expedition, and the latter being a partisan of Mr. Clinton's, and therefore not paid, and hated the more, because favored by General Braddock, in consequence of the patronage of Mr. Shirley. Not to mention that Shir- ley had expressed himself to *he Lieutenant Governor with a tartness not easily to be forgot, though it was necessary to guard against his attacks ; add to this, after the precipitation of the act providing for the service by three readings in one day, and the stimulus respecting Mr. Kennedy, an opposer of that bill, and the promoter of another sent from the Council to the House for the easier recovery of the King's quit-rents, was ascribed. * To weaken the opposition, Mr. Delancey had granted an additional charter, e' bling^ the Ministers, Elders, and Deacons of the Low Dutch Cburcb of New- York to choose and maintain a professor in the College of their persuasion, and on the 12th of June, the Governor) petitioned the Assembly for the money which had been raised and put into the hands of the Trustees, but it was carried by a majority of two, to postpone the consideration of their request to the fall of the year. f Mr. Charles's letter of S5th of March, 1 755, had utterly subverted the confidence of those who relied on the Lieiftenant Governor's opinion con- cerning the proper mode of settling that controversy, concerning the hear- ing at the Board of Trade on the act for submitting it to the King's de- cision, be writes, " their Lordships declare that they look upon the said acta as waste paper, and that the settlement of tbe line in dispute can no otherwise be made than by Commissioners from the Crown. — Again, 2nd June: — "I now find that their Lordships have agreed in a Report against the act as ineffectual to the purposes for which it was intended, and that it will be in vain to oppose the Report in Council." — And he importunes tbe House to provide for the expense of a commisaioo, as he had often before. for names to be prepared for coounission. > ■■•■ i; M p.! m i ■ 'f WH I I IWU M W II II 214 [Chap. IV. At the close ol" this meeting, Mr. Richard, Mr. Wal- ton, Mr. Cruger, and Mr. Watts, all members for the capital, were joined to the speaker at his request of aid for managing thfe future correspondence with the agent. The account of the death and defeat of General Braddock on the ninth of July, reached us on the tenth day after, and gave a shock more easily con- ceived than described. Common sense suggested, that as the attempt against Fort Du Quesne was thus become abortive, reinforcements were necessary to give success to the two other enterprises against Niagara and Crown Point ; and especially to the former : yet when the Assembly met on the twenty-second of July, Mr. Delance^ adjourned them to the fifth of August, ani then delivered a speech for fresh levies of men m such animated terms, as increased the astonishment at his silence a fortnight before, .ind how he could then think it for his Majesty's service that the mem- bers should be dismissed, and now utter himself that "the safety and being of the British colonies are near a crisis. Nothing will lend more to animate our troops, than our proceeding immediately to raise an additional number of men to join iSiem, nor can any thing be more effectual to confirm our Indians in their dependence on us, than to show them we have strength sufficient to protect them, to defend our- selves, and to chastise our enemies. Let it be ex- erted with the utmost vigor. As the provincial troops are already,on their march, any assistance we give them must be sent without the least delay ; and there- fore if a sufficient number of volunteers do not offer, it is necessary drafls should be made, and the suc- cours be despatched with all speed. I recommend it to you to provide funds. I have thought of three, a poll tax of ten shillings or more on every slave from fifteen to fifty, an excise upon tea, and a stamp duty. If they are insufficient, make an addition to the tax on estates real and personal." -yAmm, [Chap. IV. ird, Mr. Wal- tnbers for the his request ol" Biice with the it of General ed us on the :e easily con- the attempt om*- abortive, success to the a and Crown yet when the of July, Mr. if August, and ies of men iin I astonishment how he could that the mem- ber himself that colonies arc re to animate lialely to raise ihem, nor can our Indians in them we have o defend our- Let it be ex- irovinciat troops ance we give ly ; and there- 's do not offer, and the suc- I recommend )ught of three, ery slave from a stamp duty, ion to the tax 17. ')•>.] 21 it I Lieutenant Governor Fhipps, of the Massachusetts Bay, had before urged an augmentation of the army destined to Crown Point, and his letter was now communicated to the Assembly, and led to the real object of the message ; for the House instantly signi- fied their concurrence for the reinforcement of that body, and a bill was brought in for a new emission of ten thousand pounds to defray the expense, which was sent up to the Council on the ]2tn of August. Objections were now immediately started to it, and amendments proposed. Four hundred men were to be raised, at fifteen-pence a day. If volunteers did not offer, the quotas in all the counties, except New- York, were to be drafted by ballot ; but in that, the Captains had authority to pick out the individuals. Nothing could be more essential ; and it was imputed to design, to gratify private revenge, excited by the opposition to the College as well as to influence at the new elections, which every body imagined would take place as usual on the arrival of the new Gover- nor. The Lieutenant Governor, who had set his heart upon the bill, intruded upon the Council the day it came up, and pressed their assent with an in- decent freedom. The intended amendments could not have been rejected, without exposing the Lower House to the resentment of the people; and the Council, confident of success, resisted the Lieutenant Governor's importunity, and resolved to send them down. But, determined that the bill should pass as it stood, cr be lost, he immediately published the secret which Mr. Shirley had incautiously trusted to him, and which the Council had engaged not to divulge before their amendments were adopted ; and that v«ry after- noon sent the GeneraFs letter to the Hoirfle, of the 7th of that month, informing him that he had ordered Colonel Dunbar, who commanded the twelve hun- dred regulars that escaped on Braddock's defeat, to march immediately to Albany; and from that mo- ment the augmentation of the provincial forces gave place to a vote for refreshing and transporting the regular troops; and two days after, the Assembly I "-r 1 1 . «. I '^^^ [Chap. rV. wa8 adjoinnei! to tlie 2iJth of that montli, and al'ter- wards to the l«t of .September. But to guard against any disadvantageous impres- sions in England, care was taken to despatch a h?tter, on the 12th of August, to the agent, which, after men- tioning Bjjaddock's defeat, the loss of eight or nine hundred men. and the artillery and baggage, ^'/or want only 9/ a little caution:' it adds : " What steps the .southern colonies will take in this juncture, I know not. As for us, we can give no assistance, being en- gaged in an expedition against Crown Point ; and this disaster of General Braddock's, has laid us under a necessity of reinforcing our troops on that expedi- tion, at the expense of ten thousand pounds more. Mr. Shirley is gone to Oswego, with about three thou- sand men, to endeavor to seize Niagara, and inter- rupt the communication between Canada and the Ohio, through the Lake Ontario ; but its success may now justly be doubted, as the French will be able, from the forces on the Ohio, to strengthen Niagara. In this disjointed state of our colonies, I fear we shall never be able to do any thing to effect. If the govern- ment at home will form us into an union, (for here I fear it never will be done,*) I make no doubt, but by a little assistance from Great Britain, in money, ship- ping, and warlike stores, we shall be able to drive this restless, treacherous, and savage enemy, from this continent/' . *0n the 15th of this very month of Augu.t, Mr. Charles compluned that no copy of the Albany plan of last year had even then been transmit- ted to him. .The answer to this letter, of 4th November, perhaps assigns the reason. |(| The plan of union concerted at Albany, and sent home last year to be enforced by Parliament, we might object to; but a union ap- pears so absolutely necessary, that we shall throw no obstacles in ite wm- As to the funds you hmt at for American affaim, to wit. a stamp duty, and a duty on foreign molasses, we conceive it will be best for each colony to be left at liberty for raising and supplying their quota of money for gene- ral service, in such manner as they shall find will be most tor their ease, Uiougb we have no objection tc a duty of a penny sterling per gallon on foreign molasses, to be collected in each province, and applied towards making up the quota of each province, wl. ro collected for the general use <>t America ; but a stamp doty ire apprefaeuu would be burdensome." I IM 1 » ■ I [Chap. (V. ll), and aCtei- (Tcous impreB- patch a leUer, ch, after men- eight or nine baggage, ^'for Vhat 8tep8 the iclurc, I know nee, being en- n\ Point; and 3 laid us under )\\ that expedi- pounds more, out three thou- ara, and inter- inada and the its 8UCceBS may :h will be able, gthen Niagara. . I fear we shall If the govern- on, (for here I doubt, but by n money, ship- able to drive emy, from this 1736.J 217 Whether this letter was or wat> not despatched before Mr. Shirley^s letter on that day as commu- nicated to the House, there certainly was art in leav- ing the agent to make n use of it, for the credit of a colony that neither contributed this reinforcement it boasts of, either to the western or northern expedi- tions of the year. But a very different spirit prevailed in the eastern colonies; for, upon the southern defeat, Massachu- setts added eignt hundred and Connecticut 6fteen hundred meiilb the forces already under Gen. John* son's command ; and this compelled Mr. Delancey to defer any further adjournments. When he met the Assembly again, he counterfeited the highest appro- bation of the zeal and vigor of our eastern neighbors, and ui^ed the House (the reader, doubtless, ima- gines) to increase their levies in the same or d greater proportion. But let us take his own words. " ] do most earnestly recommend it to you to take measures suitable to this oecamon. It would be a most sensible mortification to me to find this province backward in bearing their share in a matter so nearly touching their honor, their interests, and perhaps their being. This province has already done much for their security, and contributed their full quota to the first plan cf the expedition. Go on, then, to accomplish a work al- ready begun. Exert yourselves so as that we may appear with credit, and that we may, by the blessing of God, have reason to expect a happy issue to our undertakings in so just and righteous a cause." I Charles complained J then been transmit- Iber, perhaps assigns V and sent home last I to; but a union ap- |obstacles in its vrqr. ,1. a stamp duty, and ^t for each colony to , of money for gene- i most tor their ease, lerling per gallon on lind applied towards for the general use I burdeniiome." CHAPTER V. From the time of Lieutenant Governor Delaneey's ceasir,^ to administer the government, to the arrival of Sir Charles Hardy as Governor. Sir Charles Hardy arrived on the 2d of Septem- ber, in the Sphynx ship of war, within a few hours 28 ■^"•^•"••■■•r— 218 [Chap. V. after this message was transmitted to the House ; but by the artifice of Delancey, he was detained on board till the next day,* when his commission was publish- ed with the usual solemnities, and followed by an entertainment, bonfires, illuminations, and other ex- pression? of joy. Sir Charles, whether self-moved, or led by the ad- vice of the Lieutenant Governor, who had him to himself the whole preceding evening on board ship, apart from the Council, repressed aU disagreeable intimations for the present ; and on tHpfourth, sent a short message to the House, which, to those who were attentive tq the artifices of the day, portended, what was soon after manifest to every body, that he had not talents to govern without a leader. He applaud- ed Mr. Delancey^s last message, though he certainly had not time to discern its true end ; applauded their alacrity in raising supplies; and in a word, after a declaration of his hopes that they would give some further assistance, concluded with a compliment to the Lieutenant Governor, leaving them to proceed upon his request. « ; The House, however, resolved, that it was too late in the season to raise men for the assistance of the Crown Point army, but that they would give eight thousand pounds towards two thousand men then in part levied in Connecticut for that purpose ; and im- mediately ordered in a bill to strike money to that amount ; and then presented the new Governor with an address, congratulating him upon his arrival; gently informing him of the custom of new elections at such a juncture; declaring their satisfaction in a dissolution, if he thought it consistent with the King's * The Council were met to receive him, when Chief Justice Delancey obtruded, and offered to be the bearer of a message to the Governor, that the militia could not be drawn up to receive him till the next day, and re- questing tfiat he would postpone his landing in the interim. They tamely (lonsented, instead of reproving him for the intrusion. [Chap. V. i to the House ; but i detained on board lission was publish- ,nd followed by an ions, and other ex- 1, or led by the ad- 7, who had him to ning on board ship, ;d alLdisagreeable 3n tlWfourtn, sent a I, to those who were ly, portended, what body, that he had ader. He applaud- though he certainly d ; applauded their in a word, after a jy would give some th a compliment to r them to proceed that it was too late le assistance of the f would give eight )usand men then in t purpose ; and im- Irike money to that new Governor with upon his arrival; m of new elections !ir satisfaction in a tent with the King's 1755.] 219 :n Chief Justice Delancey sage to the Governor, that n till the next day, and re- the interim. Tliey tamely iision. mterest and the security of the colony ; apologizing at the same time for the tardiness of their compli- ments, by the importance of their business, and an attention to necessary speed; and concluding with a testimonial of the upright intentions of his prede- cessor. Sir Charles, though he had Mr. Pownal then about him, and from whom he could be well informed of ^•f^^^te of our parties, and had himself been guard- ed by an address communicated under cover, the day after his arrival, by the free pen of an anony- mous writer, who had maintained a weekly paper for a year past, under the title of' The Watch-Tower,'— thanked thern for their congratulations; expressed his pleasure in their professions of loyalty ; promised an at ention to the public weal ; took encouragement Irom their applause of a Governor who regarded the Kings service and tlietprosperity of the colony; thought their willingness to appeal to the people, a proof of their consciousness of their own rectitude and applauded their despatch in the business betbre them. .i^^tiH "*!* ®^*^^^ ™°"^'*' the Gov^nor passed the bill for eight thousand pounds ttTConnecticut, with another, which also originated in the Lower House, and three others which took their rise in the Council ; and then put an end to the session. Nothing was known, till the day after, of the attack upon the provincial camp at Lake George, and the repulse of the French, and the capture of Baron Dierhau their General. Upon the first news of that action, which happened on Monday, the «th of Sep- tember, Sir Charles determined to visit Albany, and forward the Connecticut reinforcements. He took with him the Lieutenant Governor, Mr. Horsmanden, and Major Rutherford of the Council, with Mr. Pow- nal, and sailed on Sunday the 14th. Gen. Johnson, who left Albany with the artillery on the 8th of Au- gust, had arrived at the south end of l^ake George but a kw days before the French army appeared. I' |f If I' ^20 [Chap.V. and had only felled a lew trees on the land side ol' his camp. The Baron had collected about three thousand men at Crown Point, and led a detachment of two hundred regulars, six hundred Canadians and as many Indians, up the South Bay, intending to pass on and \a^ waate the settlements down to All -^ny ; but near t ort Edward, turned back, with hop^s of cut- ting off that part of the army then fourteen miles higher up thf lake. He was first met by a party of about one thousand men, a few miles from our camp. These he drove before him, as well as a second de- tachment sent out to support them ; and by a very great error, instead of storming the log breastwork, e halted, and scattered bis irregulars at one hun- dred and fifty yards, kept up a fire of musquetry till the camp recovered from its surprise, and began to play upon them with artilldly.* Wounded, and deserted by all but his handful of regulars, he thought of nothing now but returning to his boats at South Bay, but was pursued, wounded gam and taken. A detachment of two hundred men from Fort Edward arriving at this instant, pursued the flying army, and completed the repulse before the dusk ol the evening. Sir William Johnson receiving very early a wound in the thigh, the defence was con- ducted by General Lyman of Connecticut. The loss of the enemy, though much magnified at that time, was afterwards found to be less than two hundred men. Our Indians bore no part in the conflict, and soon alter made the circuit of Albany, in their return to their own castles on the Mohawk river. All the Crown Pomt expedition ended in the construction of another fort, distinguished by the name of William Henry, while the French were erecting another at the pass of Carillon, or Ticonderoga.* w«11?* ^S?" '""^ '" '>"«ri|»t«w of • point at the confluence of three watew. TWn » a corruption. To preMrre the lodisD praannciRtioD, it should hare been irntten lyeondtnge. ^^ rt^uwimma, it n. [Chap. V t land side of irce thousand hment of two idians and as ing to pass on > All -^ny ; but hopes of cut- fourteen miles t by a party of rem our camp. s a second dc- and by a very og breastwork, ,rs at one bun- musqtietry till , and Degan to t his handful of )ut returning to sued, wounded o hundred men istant, pursued lulse before the nson receiving jfence was con- [ticut. The loss id at that time, . two hundred le conflict, and hi their return river. All the [construction of le of William ing another at 17J5.J 221 The Niagara expedition was still more unsuccess- ful. Nothing was effected except the preservation of Oswego, where General Shirley arrived on the 21st of August. After building the vessels, the want of provisions at that distant port retarded the army till the inland sea of Ontario, which they were to navi- gate, became too boisterous for a safe transportation of the troops ; and the General, having constructed a new fort, and made dispositions for the safety of that post, retired on the 24th of Octobnr, taking his route to Albany, where Colonel Dunbic had just brought the remains of Braddock's nrmv to be win- tered,* and thence to New-York, to u congress of Governors and principal officers of the army, to con- cert a plan of operations for the ensuing year. The night of Tuesday the 18th o^ November, was rendered memorable by an earthquake. The moon was at the full, the sky bright and perfectly calm. About two minutes after four in the morning, a rum- bling noise was succeeded by jarring vibrations for four or five minutes. The shocks appeared to be not undulatory, but horizontal. *. The house the author was in cracked, and the windows rattled,, but no fis- sure was made in the walls, nor did a brick fall from the chimneys. The Speaker^s, or rather the committee's letter of the 4th of November, under his signature, to the agent, after mentioning General Johnson's army, ob- served, that ^they had got no farther than Lake Geoi^e, and I greatlv fear will not reach Crown Point this winter. The French, it seems, impatient of our delays met our forces at that lake, on the 8th of Sep- tember, and endeavored to storm their camp, but were repulsed with considerable loss. Their chief commander, with many others, were taken prisoners, and their next, with six or Hcven hundred men, were killed upon the spot. Why this victory was not pur- m € \ confluence of tbrae k preaoBciatioD, it * Thej puied by the metropolis in thirty-three traasportt from New- Jenejr, bat not before the 8th of October. 'J22 [Chap. V. i 'i sued, and a proper advantage made of it, I cannot as yet account for." After reporting, that the second in command was at the defeat of Braddock, he adds — « Surprising diHgence on that side ! — but what term to give it on the other, 1 am at a loss. As to Gover- nor Shirley, he is returning without proceeding fur- ther than Oswego. What retarded his operations, I cannot yet learn. Sir Charles Hardy, our Governor, arrived here on the second of September, and was joyfully received by our Lieutenant Governor and oui* province. On the first news of the action at Lake George, he immediately went to Albany, with our Lieutenant Governor, and several of his Majesty's Coun- cil of this province; from whence he is not jret return- ed, though hourly expected, and where, it is said, he has been remarkably assiduous in forwarding every thing relating to tlic expedition. We as yet know nothing of his instructions.'' Sir Charles did not return to New-York before the 26th of November, nor General Shirley until the 2d of December ; the former, on that day to meet his Assembly, and the latter, shortly afterwards, the congress he had convoked. Sir Charles was now obliged to reveal the disa- greeable orders he had received, upon the long-con- tested quarrel respecting the annual support of the civil list. The moment it was divulged, there remain- ed no further doubt of the truth of the reports from Albany, that there had been bickerings between him and General Shirley, and that Mr. Delancey swayed the councils of the new Governor. With an Assem- bly at the beck of the Lieutenant Governor, he saw the propriety of surrendering himself into his hands, or of entering mto a quarrel, which, considering the exig«;ncy of the hour, endangered both his credit and his interest. He told them plainly, that he was commanded to insist upon a permanent, indefinite revenue ; provid- ing in the same law, competent salaries for all the usual officers of government, repairing and maintain- ing fortifications, annual presents to the Indians, and [Chap. V. it, I cannot as ,t the second lock, he adds but what term As to Gover- •oceeding fur- i operations, I our Governor, aber, and was vernor and our iction at Lake )any, with our lajesty'sCoun- notyetreturn- e, it is said, he warding every e as yet know ^ ork before the ley until the 2d ay to meet his ifterwards, the Bveal the disa- n the long-con- support of the , there remain- le reports from rs between him iancey swayed Vith an Assem- »verncr, he saw into his hands, lonsidering the his credit and jommanded to irenue; provid- ries for all the and maintain- le Indians, and 1755.] 223 for unforeseen contingents attending that service, and in general, for all the fixed and ascertainable charges of government: after which, he demanded their quota towards the garrisons of forts Edward and Wil- liam Henry, and for a discharge of the arrears that were due to the troops in their pay. The scheme concerted, was to tack the provision wanted with the payment, not only of what was due to the army, but to the officers of government, who, in consequence of the thirty-ninth instruction, were hitherto unpaid, and thus to create a still greater de- pendence of the Executive upon the pleasure of the Assembly, who now meant to adopt the practice of paying the officers after the year, as public creditors, instead of securing the payment for services hereaf- ter to be done. The Assembly, in their answer, declare, that his activity in proceeding to Albany, and forwarding the Crown Point expedition, merited the highest ap- plause; and that the erecting and garrisoning the two northern forts, (for not a word is lisped concern- ing Oswego,) were ^'wholesome and well-judged measures." After which they proceed to the grand subject of debate, and warily reply, that they had no convenient funds for an indefinite support, and there- fore hoped to be excused for dechning a measure opposite to the sentiments of almost every individual of the colony. They added, that they could not help disclosing their concern, that a province so small in numbers, and so cheerful and liberal in supporting the government, was asked to do what others were not; and concluded with testifying great gratitude to the Crown for its eminent favors. The Governor replied, that " his Majesty having constituted this his province into a government, justly expected a support of that government by a perma- nent revenue, settled by a law, that shall be indefi- nite; and as to the funds or means of raising that support, it lies with you, whom I am extremely happy to find sensible of, and so gratefully acknowledging:, his Majesty's paternal care and favor." 1p ^24 [Chap.V. The House continued silting until the 23d of that month ; and then, after passing several laws, adjourn- ed, without discord, till the holidays were over. The Assembly sought no occasion for controversy, while the Governor on his part soothed them with hints of his disapprobation of the orders he had delivered from his master, and with intimations of his unwilling- ness to take umbrage at their non*compliance. By this conduct, and the help of the prevailing party, he grew popular, while the General of the arm?, by the acts of the same junto, was defamed. Mk. Shirley continued his head-quarters at New- York till the 2l8t of January, when he set forward to Boston, to accelerate a winter expedition against Ticonderoga, which he had planned after his main scheme for the operations of the next campaign was adjusted ; and Major Rutherford and Captain Staats Morris were despatched with copies of it to the minister. * This Congress opened on the 12th of December, and consisted of the General, Sir Charles JIardy, Lieutenant Governor Sharp of Maryland, Mr. Moms of Pennsylvania, Mr. Fitch of Connecticut, Colonel Dunbar^ Colonel Peter Schuyler, Major Craven, Sir John St. Clair, and Majot* Rutherford. It soon transpired, that the General intended to drive the French from Frontenac and Toronto, two forts on the north side of Lake Ontario, gain a domi- nion of that sea, and cut off the communication be- tween Canada and the interior dependencies at Nia- gara, Fort Du Quesne, Detroit, Michillimackinac, and the posts on the waters of the Mississippi. By whom the resolutions of the council of war were first divulg- ed, was never discovered ; but very soon after the Governors were gone home, one Evans, the author of a map of the middle colonies, in print asserted the title of France to the very country proposed to be invaded; and every body knew that this man was patronized by Mr. Pownal and the partisans of Mr. Delaucey. These gentlemen, as Lieutenant Gover- nors, the former of New-Jersey, and the other of [Chap. V. e 23d of that aws, adjoum- Tcover. The overey, while 1 with hints of lad delivered his unwilUng- pliance. he prevailing eneral of the AS defamed, irters at New- set forward to dition against after his main campaign was Captain Staats 3 of it to the of December, harles Hardy, nd, Mr. Moms sticut, Colonel or Craven, Sir \\ intended to Toronto, two 0, gain a domi- nunication be- lencies at Nia- mackinac, and ppi. By whom re first divulg- loon after the the author of asserted the roposed to be this man was artisans of Mr. itenant Gover- the other of 1755.] 225 New-York, were piqued at not being invited to assist at the grand deliber'-*'ons of the day, and took all opportunities to revenge the General's resontmeut of their intrigues, when at A!'"^ny — to sow discord be- tween him and Sir Charles ardy — undervaluing his services on the western expedition, and magnifying General Johnson's defence at Lake George, of which they had before spoken slightly, as the achievement of a hero and the saviour of his country. And thus the man, who, when first noticed by Mr. Clinton, was treated with contempt for adhering to that Governor, could nyjt obtain the payment of a just debt often de- manded from the Assembly, was of a sudden intro- duced into the capital with the pcmp of a triumph. A crowd went out to meet him, when he made his entry, surrounded with coaches and chariots, into a city illuminated to his honor, though the General, whose interest he came to solicit for the next year's command, had a few days before arrived from Alba- ny, and landed almost without observation. Before Mr. Shirley left New-York, he proposed a winter expedition to surprise and seize the post of Ticonderoga, and Sir Charles communicated the se- cret to his Assembly on the 10th of January, 1756, and besought them for their contributions. The House, after three days, declared it to be a hopeless project, unless the General would, instead of two, send four hundred regulars along with the provincial troops, and muttered their discontent ut the proportion to be supplied by the Massachusetts Bay. The General, through Sir Charles, informed them that all the troops under Colonel Dunbar and Lieutenant Colonel Gage, amounted to but six hun- dred, and that so many as they wished for could not be spared, without reversing the plan jnst settled in the general congress for the ensuing campaign. The Assembly adhered to their first opinion ; and the Ge- neral, a few days after, proceeded to Boston, in order to excite the eastern colonies to prosecute the enter- prise without the aid of New- York, and to forward the preparations for the general services of the year. 29 ^•# m , 1 n I 226 [Chap. V. Powiml returnei' to England soon after Mr. Shirley went to Boston, and Sir Charles was now left alone. Before the Governor arrived, it was reported by Povvnal, and believed, because his brother was Se- cretary to the Board of Trade, and a necessary in- Btrumenf to the Earl of Halifax, who presided there, that a new commission, durante bene placito, would be sent out to the Chief Justice, that he might, if he took it up, henceforth be en bride. Being at Albany in October Term, the multitude remained in suspence concerning the part he was to act, till the next Court in January was opened. Mr. Delancey, from the death of Sir Danvers Os- born, asserted his title in all companies, nor did he omit his attendances at any of the jovial feasts and conventions of the profession of the law. His parti- Bans at the Bar had tested the writs in his name to countenance his pretensions, while others inserted the names of the puisne Judges, without his, and some those of all three. The puisne Jqdges uttered pub- licly not a syllable upon the subject, though thev held their places during good behaviour, through dread of his power over the Assembly, by whom they were supported, though they had privately declared that his commission was extinct. They waited to see what part the Governor meant to take, imagining he would offer Mr. Delancey a new commission, and if he did not, meant to be silent — judging then he must have resigned himself to the demagogues, for the easier management of the Assembly. The Court opened during the moment of suspence, on the 20th of January ; and the hall being much crowded, the Lieutenant Governor made his appear- ance, struggling through the populace to advance to- wards the Bench. As the Sheriff*'8 officers called upon the crowd to give way, he" stepped forward, with a countenance of anxiety and confusion, until Chambers and Horsmanden, the puisne Judges, took him by the hand with a cringing courtesy, and placed him between them on the Bench, where he continu- ed till two prisoners, one charged for a murder and L [Chap. V. after Mr. Shirley now left alone, was reported by \ brother was Se- 1 a necessary in- presided there, placito, would be ; might, if he took ing at Albany in lined in suspence ill the next Court ' Sir Danvers Os- npanies, nor did ejovial feasts and e law. His parti- its in his name to 3 others inserted tout his, and some iges uttered pub- lect, though they ihaviour, through •ly, by whom they rivately declared hey waited to see ike, imagining he )mmis8ion, and if ;ing then he must tagogues, for the ment of suspence, hall being much made his appear- ce to advance to- ''s officers called stepped forward, 1 confusion, until lisne Judges, took irtesy, and placed fault8 of any of the southern provin- ces ; and he now insisted upon the augmentation of their intended levy of one thousand men. From f !• 4th to the 16th of March, the Assembly artfully met oidy to adjourn, and then voted seven hondrod and fifteen men in addition to the one thou- sand, but that four hundred of these should be em- ployed in an-oflensive war against the Indians; and ordered proper clauses for these purposes to be add- ed to the bill which they had so long retarded, under pretence of waiting for the co-operation of the other colonies respecting the Crown Point expedition, and which, by uniting the provision for both objects in one bill, was still longer delayed. The cruelties in the mean time perpetrated in Orange and Ulster, excited clamjors in that quarter, and compassion every where else, and the House was censured by a publication in the Gazette, of the 15th of March Doctor Golden, who lived in Ulster, being suspected to be the author, the printers were sum- moned ; but the obnoxious composition being traced to Mr. VVatliins, the wrath of the House vanished into smoke, for he being an Episcopal clergyman, and the dissention running high between church and dis- -^m^^- [CImp. icltl the wnr- Tiovcd by the 1 Orange, ra- naiuled their 1 New-Jersey, rnin time, the »Uilion to pay )f an army of New-Jersey, )!) against the ert what was his instances ; joint designs (1, that Massa- ; men far be- ice might not jthern provin- igmentation of en. the Assembly 1 voted seven the one thou- >hould be em- Indians; and scs to be add- tarded, under n of the other pedition, and )th objects in erpetrated in that quarter, "lie House was ^e, of the 15th Ulster, being jrs were sum- being traced Ivanished into rman, and the Irch and dis- 175ti.] 1231 I I Renter concerning the College, he was not iven sent for to be reproved till the jiext autunui, tliou^li the two printers were ordered to be couunitted. I'his attacK, however, quickened their motions ; for on the 20th of March, they sent up their quota bill for rais- ing seventeen hun(lred and fifteen men. It lay eleven days with the Council, where it was opposed by Mr. Smith and Doctor Colden, who came to town during the alarms occasioned by the Indian irruptions into Ulster. Before this time, the debt bill was in the Governor's hands, * but stigmatized by (he protest of Messrs. Smith and Colden in so pointed a manner, that Sir Charles was fearful of giving it his assent. This was at length forced by the inanage- menUof the House, who allowed a bounty of live pounds per man for the volunteers against Crown Point, but provided only thirty shillings for those who were to act in the harder service against the Indians ; and besides, those troops were to be disbanded in forty days, and not at the Governor's discretion— a confidence reposed by the province of New-Jersey in Governor Belcher. The maj< Uy of the Council adhered to the objections of Doctor Colden, who spoke both his own and the Governor's sentiments. Mr. Delancey, in this delicate situation of aflairs, thought proper to absent himself; but finding means, by a member of the Assembly, to inform the Gover- nor that this bill might be altered, if the debt bill was passed, his Excellency, pressed by the advanced season of the year, engaged to pass the debt bill ; and the other being sent down, privately amended so as to take away his own and the objections of the * " We are sittin^^ still. Tlie priocipal money bill, whicli is for pnyins; the debts of tiie colony, and among' others, the salaries for the several offi- cers of government for the time past, has passed the Council, but ha^ not yet received the Governor's assent, and is therefore as yet in suspence. Ky the next packet, I may perhaps be able to inform you further, particularly irith respect to the Jersey line, which is still under consideration.*' Mr, Joneses letter to the agent, 23d February, 1766. And on the 20th of July, 1756, ho adds, "I have now the pleasure to acquaint you, that he has passed it.^ .;(!.■ 232 [Chap. V. Council, the Governor sent for both Houses the next day, and passed all the bills ready, both parties be- ing so well pleased with the late barter, as to part on an adjournment to the "iTth of April. The oppositiori to the debt bill cost Mr. Alexander his life. He ventured out for that purpose in a pa- roxysm of the gout, took cold, and died the day after the session. And from that time the Governor, ivho had such demonstrative proof of the devotion of the Assembly to the Lieutenant Governor, as to obstruct the levies for the service until his interest was secur- ed, in defiance of an instruction, and at the risk of the royal resentment, tamely resigned himself into his hands. It must, in justice to Mr. Delancey, be added, as the sequel will evince by his policy, the colony ob- tained a victory over the government as well as the Governor ; for after that day, the Ministry gave up their objcctiqns to the popular project of the anti- Cosbyan patriots, for holding the officers dependent upon the annual support of the Assembly. But this Assembly were nevertheless culpable, for slighting one of the most favorable opportunities for settling our contested limits, which have since produced such scenes of confusion and distress. Sir Charles, on the first of January, communicated to the House an instruction, urging a provision for one half of the expense for adjusting the partition line with Jersey by Commissioners ; and at the same time informed tliem of General Shirley's readiness to procure the consent of Massachusetts Bay, over which he then had a prevailing interest, to join in a like commission for ascertaining our eastern boundary. Intoxicated by the spirit of party, they lost an opportunity to give peace and safety to thousands, by a provision for ter- minating that, and the controversy we had also with New-Hampshire: but it was Mr. Delancey's ambi- tion rather to create than to lessen depei.dencies on his will; and the neglect of education left a hard, wicked colony, exposed to his arts. I [Chap. V. h Houses the next ', both parties be- arter, as to part on il. ost Mr. Alexander t purpose in a pa- died the day after he Governor, who le devotion of the nor, as to obstruct interest was secur- and at the risk of gned himself into ley, be addecl, as jy, the colony ob- ent as well as the Ministry gave up 'oject of the anti- )ffice;s dependent semblj. But this ible, for slighting jnities for settling ! since produced ess. Sir Charles, ited to the House 3r one half of the i line with Jersey ne time informed 5S to procure the ;r which he then a like commission ary. Intoxicated pportunity to give . provision for ter- we had also with Delancey's ambi- depei.dencies on ition left a hard. 17.56.] 233 1 he delay occasioned by the late stratagem, and the hourly expectation of the General from bTs o" * obliged the Governor to call upon the Assemblv before the end of the month, for power to suporthe want of volunteers by detachments, whUeThe c oa upon the operatior^ of the 400 men'who were to bf employed against the Indians by the quarrels between Governor Morris and the Pennsylvania Assemblv prevented eve., the issuing of the military warTa, £ for those recruits. Sir Charles, therefore, aXd for authority to detach men, that the 400 migh be ic^ned to the quota ibr the Crown Point expeditroi thtl provisions might be collected for troo^ps e^^^^^^^^^ from England, the rates of land carriage ascerfalnprf dens llTtr'"" njilitia.relieved froTunTquaf ^ur.' w- general service. - ^ Within fire days, laws were enacted to exoedite hZ^'m^lZ"" 't '^P."""'"" <" P^»'Son,! S|»,r^r:etLr^iS| ■ ' ^"" ■ 30 ' ■ '. •- -/"•'". • ■' . {if '%^ 234 [Chap. V. General Johnson,* who was Tcnighted for his servi- ces, and our forces were abated by the arrival of General Webb on the 7th of June, and the Royal American officers on the 15th, with General Aber- crombie, the two regiments of Otways, and the High- landers. On the 29th of June, Sir Charles informed the As- sembly, that the Earl of Loudon was coming out to take the command of the army, and called upon them for aid in recruiting the two regular regiments with soldiers, who were to be discharged at the end of the war, and have each two hundred acres of land free from quit-rent for ten years. He added, that the sum of one hundred and fifteen thousand pounds was given by Parliament to be dis- tributed by the King among the New-England colo- nies, this, and the province of New-Jersey. That his Majesty expected fresh aids of men for the ope- rations of the year ; the reimbursement of masters for servants enlisting in the army, and the prohibition of commerce with and all supplies to the enemy. The House resolved. That the colony had exerted itself, by furnishing its proportion for the Crown Point expedition, the defence of the western frontiers, the march of many thousands of the militia on the attack of Baron Dieskau, and this year on alarms to support the King's troops, posted to the westward, where a party was cut off;t and again to preserve Fort William Henry when on the point of being abandoned by the garrison, composed of Massachu- setts and Connecticut troops. '1 hat we raist-d first 800, then 500, and afterwards 400 men, that £20,000 had been granted for fortifying the capital. That a common fund ought to be established. That we had 'i' His Majesty has ordered 15,000/. to New -York, 5000/. to Major General Johnson, for bis services, *o whom likewise a commission. is issued for the superintendaDcy of the Indian affairs, with a salary of 600/. per annum. nde agenfi letter, I3th March, 1756. f A small garrison at a block-house, under Lieutenant Bull, at the Oneida portage, where Fort Stanwix was afterirards erected, nas abandoned in March. [Chap. V. d for his servi- y the arrival of and the Royal General Aber- s, and the High- iiformed the As- s coming out to ailed upon them regiments with at the end of the res of land free dred and fifteen ament to be dis- iv-England colo- v-Jersey. That nen for the ope- nent of roasters ) the prohibition the enemy, ony had exerted for the Crown western frontiers, ; militia on the ear on alarms to ) the westward, ain to preserve point of being 3d of Massachu- it we raisi'd first en, that £20,000 capital. That a I. That we had 000/. to Major General mission. is issued for the •y of 600/. per annum. lantBuU, at the Oneida ted, was abandoned in 1756.] . 23^ given £5000 to Virginia, and as much to be disposed of by General Braddock, and that till such an es- tablishment, the colony was unable to do more. But they nevertheless approved of the payment for enlist- ed servants, and were for continuing the laws against supplies to the French, and these resolves they or- dered to be published in the Gazette. About the same time Sir Charles proposed to them an act for vacating the patents of Kayaderosseros, Cannojohary, and Onskany, which has been repre- sented by the Lords of Trade, as obtained of the In- dians by fraud, and that the declension of the Indian interest was owing to their want of satisfaction. Upon this subject they suspended any resolution, lill alter this next meeting, considering it as a matter ''fi*'"'^'!? r"*?'! T*^*"'^ deliberation ; and the day alter (^th July) they adjourned, leaving a committee empowered to welcome the Earl of Loudon, who was daily expected, to thank him for engaging in the service, ana . pfovide for his honorabll reclption. 1 his att. -^. , vhe patents was ascribed to Sir nilliam Joh s,. and gave general offence, and it was fortunate lor the proprietors, that the Delancey family were interested in Oriskany, a very valuable tract, embracing the banks of the Mohawk River near the great transportation to the waters of the Wood creek. When the new Generals arrived at Albany, Mr. .!!aS^ ;;eturned on the 4th of July to New-York, and Sir Charles on the I Ith went up the river with Mr. Delancey and Mr. Chambers, three days after, fL^T ^"''ci^';^* ''^'•>^^ ^^^» declared agains France Mr. Shirley waited till the arrival of the 1 **.VLo"^on on the 23d, who brought Mr. Pow- nal with him, and repaired to Albany on the 26th- and on the 1st of August Mr. Shirley sailed to Provil dence for Boston, and thence to England, and was iollowed a fortnight afterwards by Mr. Pownal, who had the promise of his government. Sir Charles returned to the metropolis on the 15th ot August, disgusted with the Earl of Loudon, who 4 '"m^mmuM .jj,jjaji..,jk . gn.i.ui i i • r\f i m f mi imm»r^gufKmt^im*smfmm9mim9l^ MMP9V*«»niiaN«i«im«pnifp«npiiiMp»' !i 236 • [Chap.V; bad checked his intermeddiing in military concerns, and denied \m request of two independent compa- nies for his guards. About this time Oswego was besieged, and lost to the general alarm of the colonies. General Webb, who was then posted at theOneidacarrying-place,was in such consternation, that he ordered trees to be filled in Wood creek to obstruct the progress of the enemy, if they should attempt to penetrate that way, and the Earl in equal terror at Albany, pushed on Sir William Johnson with the militia to sustain Webb, and ordered large drafts of others to follow him from Albany and Ulster, and importuned e\'en the southern colonies for recruits. The panic was universal, and from this moment it was manifest that nothing could be expected from all the mighty preparations made for that campaign. It was at this juncture (24th September,) Sir Charles administered the consolation he had for some time secreled, that the Crown«|)ad in effect re- P'Mled the instruction to Sir Danvers Osborn, which had given so much offence. Upon communicating this address of the 9th De- cember last, the Lords were ordered to write, and did write, that the King, conceiving the present As- sembly unwilling to receive old claims and preten- sions, and declaring that they did not mean to assume . a share in the executive, but as he had represented , were willing to promote the service of the Crown, was now pleased to allow him to assert to their Jemporary bills for the support of Government con- ^- fbrmable in other respects to the instructions res- pecting the disposition of public money. He had before put into the Treasury the share of the Parliamentary donation of iS 15,000 sterling;* • It was great negligence to omit upon the first advice of £15,000, the proper representations for the due distribution of it. Whec Mr. Fones comi>lained of it, the agent pertinently replied 13th of August, 1766. ""How was it poftsiblc to set this matter right without proper dtjcuments to show when the account was exaggerated i> I am not insensible of tfa* [Chap. V. ilitary concerns, pendent compa- ged, and lost to General Webb, 'rying-place,was red trees to be the progress of [> penetrate that Albany, pushed ilitia to sustain )thers to follow nportuned even The panic was as manifest that all the mighty leptember,) Sir on he had for iiad in effect re- 1 Osborn, which of the 9th De- d to write, and the present As- ms and preten- mean to assume ad represented J of the Crown, assert to their overnment con- istructions res- 7- jry the share of ,000 sterling;* Iviceof £15,000, the :. Whfic Mr. Fones tth of August, 1766. t proper dtjcuments to not insensible of tfa* 1756.] 137 and now agkcd for an augmentation of salaries a compensation for the militia on the late akrms cev h,H V l"r' ^""^ '^^ommoi^ded, as Mr. Delan- tea, and a poll tax upon negroes, with such others as ^he .nhabuants could bear with the least inconvll! totIelsTomJ°"h""'^.^^**! ^^" "^™««* '^^""onj 10 the Ist of December, when eleven acts were passed for r revenue by duties on imports, an excLe on spmtuous hquors and tea, to prolong the cu renc? of he bills of credit, for billeti,^ the troops, ere^tinJ a stamp office and a new jril, clothing the provlS ev.es, appropriating the College funds, payTngoff the last year's arrears of the otScers of the Jofern ment, and providing for the next. ^ °" To reward the Governor, and elude the instrue the old allowance of £irm, assigning for a pretext the difference of exchange between the time^of i first establishment as an equivalent for Jeioio ster'' ling, and the present day, ;?nd though the ITpeudi ent companies were now embodied with theTm^ they put into his pocket £400 more, under the na7e of fuel and candle money for the fort anH h, k^u the support bills gave Mr.Uance/alkl^^^^ of iSS a year as Chief Justice. ^ '^' nfI^M*"*-P'''**S^ ''**'' ^^^ Governor's disrecard of the instruction respecting the prolongation o(F?ho paper money, a committee of both holes if iS^ h.8 hands an argumentative address, ass^nC fi*^ reasons for the necessity of that act Fnl? ?k strengthoftheirvictoi^infheestalllntTftL^^^^ the Swiss of the continent, in which Siu IhL * "?"'"'"'' *^°^ here, and that they underst'and how to vSe^theirVa';^;.""* "^ "^P'""* ra-Utary operations of the continent wifrVu^e theXLr^'i ^ ^« country I cannot doobi that the accoun wnrbr.tat^ a * „'h^ °^ ^^' .emcedone and expenseiacurred, without aiy'^nSIr?^^^^^^^ l.-^^^'".*^'3 288 [Chap. V. nual support by which the Governor was now bridled, having therefore no dread of an immediate dissolu- tion, the House ventured implicitly to confirm, or rather to rid themselves of all further disputes re- specting the College, which had kitidled such a flame, that several thousands had petitioned* to be heard against any confirmation of the charter, which the Lieutenant Governor had formerly passed in its favor. That corporation had not only hopes of procuring a law to vest them with the sums raised by the lottery and excise, but of obtaining further aids, and a legis- lative cotifirmation of their charter. The consent of the Assembly alone was wanting, for the new Go- vernor had soon after his arrival shown his favorable intentions by a donation of £500 to Mr. Delancey'g institution. Its opposers therefore shrewdly con- jectured that they could have no hope of erecting a university on the plan exhibited by the bill, formerly proposed, printed, and slighted, and being contented to allow the college half ot the money in bank, if the t'emainder was applied to any other public use. It * was agreed in the lobby to repeal the acts by which the whole was engaged for a college, and to divide the stock raised between the party college and the city corporation, for the purpose of erecting a jail, and providing a lodgment for crews of infected ves- sels. When Mr. Smith was asked in council for his voice on this bill, he said jestingly i " It rids us of a boiie of contention, by dividing it between the two pest houses." Both parties triumphed. The friends of the College wanted the money for the erection of the edifice, and their antagonists believed that having stigmatised its illiberal constitution, it would never in future receive any legislative support. Mr. De- lancey, who proposed this partition to cement his party in the House, hoped also to repair the breaches upon his popularity without doors, and with the same view or with a disgust at the importunity of his friends * Vide Journals of the Assembly, IStli of December, 1755. 4-v-i&^^*'^io.^^,ie-i5i!i«^f--?a«^-''f:V.*^4^«^''^*^ [Chap. V. m ras now bridled, nediate disHolu- to confirm, or er disputes re- ed such a flame, d* to be heard rter, which the ssed in its favor, i of procuring a i by the lottery ids, and a legis- The Consent of ' the new Go- vi\ his favorable Mr. Delancey's shrewdly con- e of erecting a e bill, formerly )eing contented r in bank, if the public use. It * * acts by which and to divide ollege and the erecting a jail, tf infected ves- council for his ' It rids us of a 3tween the two 1. The friends the erection of red that having it would never port. Mr. De- to cement his ir the breaches 1 with the same ty of his friends 2mbcr, 1755. '^'^^ 239 to whom he gave the charter unwillingly, he never afterwards would assist in forwarding the design; flZ n'"§' ""^^"u ^"•P^^ned to their meeti.L hi^rejlirtatn.''"'"'"'^ ^"^"^^ '' '' '^ ^»^^ ^^^ «^ «:nf th'^hj'^' ^^? "^* ^^^" •" the scheme of pas- smg the bill, for prolongmg the currency of the bills by wh,ch £l«00 was applied towards the paymJntof the olficers of he government, of which he had a share, he might have answv -ed objection of this want of funJs, by pointin ^ . the eral thousand now given for a college, a jail, and a pest-house. Uut It was expedient that he should " believe all our funds were exhausted, and the £1500 given to it^roip8/5 ^^^^"^^ "' P""'* °PP''^^ ^^'' *^^ '^"PP^'-t of wrh?/ ^^'^.^^f' *^."" *** ^^^ «g^"*' of ^ "^th October, written with the assistance of a committee of the city members, Mr Watts, Mr. Watson, Mr.Cruger and m7 So ';'h^' tT""^ Mr. Richard's place^on ^9^^] November, holds up a picture of that day. «l ad quainted you (2d July) that we were in^grea ex- pectation of a successful campaign. But as our dis- appointment ,s rather greater tfian that of the last year, forinstead of taking Crown Point, the enemy have made themselves masters of the importan for^ tress ot Oswego, taken the whole garrisoS prisoners of war, demolished all the fortificatfons, carrLd away all the armed vessels, two hundred whale boats, can- S P!:o^'«'?f.and warlike stores; and this, it is Inih ^^ ^'^ nu ^r ^7' time-a dishonor to the British name. Oh shameful behaviour of our forces » We have now no footing on Lake Ontario; allisTeft wJI / ""'"^^'•'•"P^^d possession of the enemy, who will doubtless dispossess us of all that we have re- TtK '[T '"r ^""'^ 't*PP^^- As for our forces on the northern frontier, both regulars and provin- cials, I expect to hear of no action by them, unless the enemy force them to it. If some more vig;rous rVso^ lutioris are not made in England, and seasonably exe- cuted, we must inevitably lall a prey to the prevaihng ' ^9-^ ' '^te^yl!^^!li]^ i ^, I m^i „ iii,.^., 210 [Chap. V power of Franc^. We live in hopes that a vigorous push will be made for the reduction of Canada, which seems to be the only measure that can secure us. I told you in my letter 2d July, that you should have a just state of the expenses this year. 1 cannot at pre- sent enumerate any particulars, neither does it ap- pear necessary. We emitted jB^2.0()0 bills of credit last spring, to be redeemed by taxes on estates, real and personal, which I expect will all be expended in the pay of our forces, and other necessaries, at- tending this state of warfare, before the end of the year. Our Governor has acquainted us with the al- teration of the instruction, relating to the permanent salary ; but at the same time insists upon a larger allowance than his predecessors have had, under pretence* of the alteration in value of our currency. - How far this may occasion differences between him and the assembly I cannot yet foresee ; perhaps my next may inform you. £nclosed you have a note of the general assembly giving their thanks to Messrs. Hanburg and Tomlinsotu merchants in London, for their extraordinary care with respect to the money granted by Parliament, and you are desired to wait on those gentlemen with it. The Assembly are now sitting, and when the session ends. 1 shall write fur- ther to you." IO> * The House the very next day, Toted on the 14th October, ta his Excellency the salary of £1660, and added these words — " Tvhich from the strictest inquiry appears to be orig^inally g^ven as an equivalent for £1000 sterling, and in consideration of the difference in the value of the present currency of this colony, from what it was when the aforesaid salary was first settled, the further sum of £240.** As this was the first article of a long report then perfected for all the salaries of the year, the SpeakerV expression is, singular after such a point had been carried in a com- mittee of the whole House, and gives reason for the supposition, that this correspondence is not always to be depended upon. Flushed witH the success against the scheme of an indefinite support, and the ne- cessity of the concurrence of the colony in the measures of the war, it was expedient to raise a belief that harmony depended upon the will of the idol of the party for securing his interest ; and the whole letter was doubtless written to make impressiocs disadvantageous to Mr. Shirley, who sailed from Boston qd the prflceding 28th September. [Chap. V > ihat a vigorous f Canada, which m secure us. I a should have a I cannot at pre- ther does it ap- 10 bills of credit on estates, real II be expended necessaries, at- the end of the I us with the al- ) the permanent upon a larger ive had, under )f our currency, es between him te; perhaps my have a note of aiiks to Messrs. in London, for ct to the money desired to wait jombly are now shall write fur- I4tli October, ta his (Is — " T7hich from the equivalent for £1000 6 value of the present aforesaid salary was \ the first article of a le year, the SpeakerV en carried in a com- the supposition, that upon. Flushed witH iupport, and the ne- ires of the war, it was upon the will of the he whole letter was -eous to Mr. Shirley, Dber. 1756.] m The Earl of Loudon, after the loss of Oswego, ap- peared H.tent upon proceeding to Crown PoinF. Sir William Johnson was called to m.ister the Indians, to co-operate m that enterprise, but whether from an ayeis.on to that new kind of warfare, or from rr.o- nes ot deep and remote policy, these tribes were aT 'a "'1^ '"/* fortytwo could be collected. Ashamed ot such a handful, ihirty-five of whom Trnlf it domiciliated Indians of Stockbridge. re- cnnted by Mr. Wraxall, the Secretary for Indi.n attairs, and just rewarded as Captain of a compuy ol Independents, for his services, as aid-de-cnnip at aernnnr' q''^ w-h^' ^^'"•'S*'' «"^ *° ^''««^' blazoned accounts. Sir Wilham owed his knighthood. They sTn f '" ^^T ^.^^"■'^ ^y ^h^ P''^'«»- --o^te o^f damned the Indian interest as a bubble, and retired to Albany for the winter cantonment of his troops. t»t these he sent a thousand to New- York, dis- persed others in the neighbouring provinces, and ett a surcharge i.i Albany, insisting upon new quar- ters, which gave rise to loud clamors. The magistrates of the capital had crowded the privates into the barracks, and left the officers, about ntty, to hnd lodgings for themselves. When the E-.rl came down in December, he sent for Mr. Cruder the mayor, and insisted that the officers of every rank should be exempted from expense, and to sooth him, alleged that this was every whPre the custom; and that he had i.i "nnsideration of our effi)rts put the army to mconveniences by so wide a dispersion, but sigmfied, that if he made difficulties, he would convene all his troops here, and billet them himself 1 he mayor desired time to consult the body over which he presided. The death of his sister made it necessary to apologize for the delay of the answer until her funeral obsequies were performed. But his ordship insisted upon a speedy compliance, and told the committee he would meet them on the subject- and to convince them that free quarters were every where usual, he would assert it ubon his honor. >■ 'mmfjHmmmmi^ 242 [Chap. V. #1 si " which (snys he) is the highest evidence you can re- quire." The iletnaiid took air; the citizents raved, and tlie corporation, couHistiiig generally of elective otiiccTs, were at their wit's ends, concerning the course to be pursued. They flew to the governor, but he answered (hem with reserve, caution, and du- plicity. They called a meeting with the Judges and city members. Mr. Delancy did not attend till the second convention, and excused himself from giving an extrajudicial opinion, but it was supposed that Mr. Watts spoke his mind in favor of the peo- ple. The act lately passed, gave authority to billet first upon inns, and the surplus upon private houses; but supposing the inhabitants were to be paid, au- thorised the msigistrates to rate the allowance. Be- yond that, the magistrates durst not interfere through dread of prosecutions. A committee was appointed to his lordship, and another to present a memorial to the Governor, imploring his mediation, and asserting that free quarters were against the common law, and the petition of rights, the Stat. 2 1 . Car. II. and the mutiny and desertion act ; and that the colonists were entitled to all the rights of Englishmen. The Governor escaped, for as soon as the Earl saw the opinion of the corporation, he replied to the may- or, who alone was admitted to his presence, " God d n my blood ! if you do not billet my officers upon free quarters this day, I'M order here all the troops in North America under my command, and ' billet them myself upon this city." The magistrates, countenanced by the conscious dread and impoten- cy of the citizens, promoted a subscription to defray the expense, and a calm ensued ; but with a general abhorrence of the oppressor, who soon after pro- ceeded through Connecticut to Boston. That the minister may not impute the loss of Os- wego to the colony, Mr. Jones writes to the agent — " You have doubtless by this time heard of the unac- countable loss of Oswego ; since which, the enemy have made no further attempts upon us, nor we upon them ; so that Crow n Point fort remains still in their [Chap. V. ence you can re- ; citizentii raved, jrally of elective concerning the to the governor, caution, and du- h the Judges and not attend till ed himself from it was supposed avor of the peo- luthority to billet 1 private houses ; to be paid, au- allowance. Be- interfere through ie was appointed nt a memorial to 3n, and asserting ;ommon law, and . Car. II. and the lat the colonists iglishmen. The the Earl saw the lied to the may- presence, "God billet my officers der here all the f command, and The magistrates, ;ad and impoten- iription to defray ut with a general soon after pro- ton. e the loss of Os- es to the agent — eard of the unac- i^hich, the enemy n us, nor we upon lains still in their 1 75(1. j 243 ham. and bothsules are drawn into winter quarters. VV lat the nex summer will produce, the Almighty lrpLV'7'; ' 9''^%l?^^ oir situation is uowcl vaZL nV :r'"'»- ™' P''^^'"*'-^' ^'"^S the princi. Ld b.?^,l?f . 1^- ^'uT ^'^'' "' A'»*^"^«' '^ 'mrassed us with '" ^" '^^P^' '- '°'^'"« quartered upon hrnLn ^^'^ f y-our horses and carriages, some broke, some burned and destroyed by the enemv-! our m.l,t,a, frecjuer.tly harassed by afarms, i^oTne- cessitated to make large marches, som^t^ suppor the army on the north,%thers to ^epel the Indfans from the western frontiers. Thus harLsed, our peo- ple cannot attend to their usual occupat ons a^id numbers are soon likely to be great sufferers and o become a burden to the'rest. To this may be aSded another heavy article of expense, viz. the great num- ber ol French sent here from Nova Scotia by Gove™. TLakeTp"? ^"^ '^' ^"T'' ''^''' «t '^^^ battle nf«^h K ^u' '" Septe'nber 1755, with a number of others brought .n here, as well by the NightiiSe man of war as by privateers. The expense attend! mg all articles, you will easily see must be very great Our fifty-two thousand pounds are all called L«nrl we are obliged to break^n upon the preset made us W Parliament which, in this expensive sTte of things, cannot last long; and unless we have the fur tne weight of these excessive pressures. Our ses- sion ,8 tolerably well ended, the support bil" be W put in the usual manner." ^^ ^'"^ On the 16th of February, 1757, Sir Charles inform- ed his Assembly at Flatbusb, that reinforcemenTs were coming out; that the people of the Massachu! setts Bay were to contribute, and pressed the mme: diate levying of our quota; renewed his importunTy for money to settle the partition line with ^eZ7et sey and the Massachusetts Bay, blood hav .rbeen lately spilled in the manor of Livingston ; afd pur sued his object for the*Vacating of thf patents wCh he was pleased to call esorbitint grants ' ^' 1 '-wiiapAawpMV* 244 [Clmp. V n*Et They promisrcl their proportion fov Cae prosecu- tion ol'lhe wiir, to avoid the imputn.ion of being in- Btninieiital in iheir own ruin by tedious delays and rei^olutions, or an ill-tiu»ed parsimony ; but waived any provision for the settlement of lines, till they couhi say w ith propriety that we had lands to divide :* intimated that the quit-rents were a proper fund to defray that expense ; and respecting the grants, in- (ormed him that they were purchased by considera- ble sums, paid not only to the Indians, but the officers of government, in fees equal often to the value of the laud granted ; that what he urged, was a proceeding harsh and dangerous, and now not necessary, as the Indian'; were not obstructed in the use of the land; ant! iha! they thought it of more consequence to lay out a lino of townships on the frontiers, to be given to settlers without fee or reward ; and, as the small- pox then compelled them to sit out of town, they wished to attend only to what respected the war. They continued together only ten days, and pro- vided for levying one (housand men, to act with four thousand from the Massachusetts Bay, under his Lordship's command, "which," says the Speaker, 2t)th February, " is our full proportion, accoi-ding to the plan of union, and was all his Lordship demanded." The sum appropriated for this purpose, was twen- ty-one thousand three hundred an the value of the va» a proceeding lecessary, as the use of the land ; nsequence to lay iers, to be given nd, as the small- jt of town, they cted the war. ti days, and pro- , to act with four Bay, under bin ys the Speaker, ion, accoi*ding to ship demanded." irpose, was twen- ixty-nine pounds, d the Parliamen- ree hundred and ings and three- s a detection of both Houses for r the paper cur- is of the distress e the Assembly to make airge, and presented the e motion of Mr. Oliver 18 a proprietor of New- 1757.] 245 CHAPTER VI. From the nhene, of Sir Charles Hardy, on an Expedition aga»ns> Afa.tunro, to the second assumption of the Lmini,- tratwn by Lieutenant Governor Delancey. This was Sir Charles's last interview with the As- iembly; for after that, he hoisted his flag as Rear Admiral ot the Blue, with a command in the expedi- tion against Louisburgh. He embarked on the 2d of July, at m,a,,g,„^ q„j j^^^ ^j^^ government in the hands ol Mr Delancey. who took the oaths the next morning The inattention of the Assembly at this time to the boundaries of the colony, was very inex- cusable. 1 he Jerney proprietors took advantage of Jt, and urged their contempt of the royal instruction as a reason tor ordering a temporary line, according to the observ^ations of 1719, as the partition, until this colony provided a moiety of the expense foraet- tlirig the boundaries by Commissioners. For the operations in this quarter, his Lordship left an army of five or six thousand men, under the command of General Webb; two thousand three hundred of these were posted at the south end of Lake George, fifteen hundred at Fort Edward, and the residue were scattered at Saratoga, Stillwater, Albany, Mount Hanson, and at Herkimer, in the country of the Mohawks. There were some who censured his leaving the frontiers in so weak a state ot defence, and still more the wide dispersion of th^ troops ; conceiving that they all should have been divided between the two great carrying-places on the north, from Hudson's River to Lake George, tid between the Mohawk River and Wood Creek on the west, prepared for either of the two entrances of the enemy by Ontario or Champlain. Mr. Webb knew in July, that Mr Montcalm, who succeeded Baron Dieskau, had collected several ! "■■) i 1 mir- 246 [Chap. VI. thousand men and three hundred flat hoats at St. Johns, and that the enemy were daily filing off from Crown Point to Ticonderoga, and communicated this intelligence to Mr. Delancey, adding, that he ex- pected an attack. Ten days afterwards (3d August) an express arrived with the further advice th.it the enemy were on the 30th July within twelve miles of Fort William. On the 5th Mr. Delancey embarked for Albany, and the day after we learnt that the Fort was invested on the 2d and complaints were made from above of the dilatory motions of the militia. Mr. Delancey arrived at Albany the 8th, and from thence issued orders for detachments from below. The New-York militia was drawn out for that pur- pose on the 13th. The horse and volunteers marched the same day, but the main body of seven hundred did not embark till some days after. While these things were transacting, on the sea coast, the garrison capitulated on the 9th, engaging not to bear arms in eighteen months. Lord Howe got to Fort Edward on Saturday the 7th, but the besieged had no assistance, for the ene- my came, 11,000 strong, and our whole force in the lines about Fort Edward, did not amount till the 10th, to more than 6,000. Mr. Fitch the Governor of Connecticut had no in- telligence of this descent till the 6th August ; but then ordered every fourth man of the Colony to march up ; 4,000 were to be detached from New Jer- sey ; and Mr. Kilby the contractor arriving at New- York on the 14th, for provisions to support the multi- tudes who were on the way to Albany, it was con- jectured that Mr. Webb meant to take that opportunity of advancing immediately to Crown Point, till Mr. Oliver Deiancey, who had been despatched that day from Albany, arrived on the 18th at New- York, and had stopped the progress of the reinforcements, and on the 22d the Lieutenant Governor returned to the metropolis. Mr. Webb's letter to Colonel Munroe, of the 4th, advising him to make the best terms be could, and ^.■«.«T.-^,'.!SS**^j»,-g^35r: [Chap. VI. flat boats at St. aWy filing off from communicated this ]cling, that he ex- wards (3d August) er advice thfit the m twelve miles of elancey embarked »arnt that the Fort plaints were made )nB of the militia, the 8th, and from lents from below. I out for that pur- and volunteers lain body of seven lays after. While the sea coast, the igaging not to bear 1 on Saturday the tance, for the ene- whole force in the [>t amount till the lecticut had no in- J 6th August ; but af the Colony to ^ed from New Jer- arriving at New- support the multi- Ibany, it was con- ce that opportunity wh Point, till Mr. spatched that day at New- York, and e reinforcements, i^ernor returned to unroe, of the 4th, ns be could, and 1757.J >. 247 and not sent until the ilh When Ih- « ■*''°'"^' pitulated the trenches treoZ,^" iZTLT the east bastion ot the Fort anAhv ih! k ."P '". a cannon Colonel MnnrotC buffet left ^if these renewed b, as™ an/LtVorTE^ar' Bui 'he baggag;e was afterwards given up by Mr Monl h.2i. ° nnmanagcable after the plunder as f« Srpa^ti:Lis:dt:& r^frtJ^:!:::: '" ^«-^--«ur of the militia, ixecution against 2l8t, and as soon :ircular letters to 1757.J 249 be sent, to call you together as soon aa possible,* one of the reasons of which was, to recommend to you the completing the regiments in the pay of4hh proymce with the utmost speed. General Webb having written to the other governments to complete theirs, as the troops under his command were very much lessened. This was a measure apparently ne- cessary at that time ; but as his Excellency the right Honourable the ^arl of Loudon, commander in chief of his Majesty's forces in North America, is arrived here with a bedy of troops, the necessity of this measure ceases. The other reason of my call- ing you is, to recommend to you a further provision for the subsistence of the New York regiments." The House only gave a vote of credit the next day, to provide after the first cf November for pay due after that period, and adjourned. The agent by his despatches of the 16th February, had communicated a copy of the New-Jersey peti- tion, for a temporary line, and the report of the board of trade upon it of the 27th January, 1757, advising an order for running the line prayed for; and first, that the Governor of the two provinces be command- ed to suppress and prevent all tumults on the bor- ders. Second, that all possessions remain in statu quo. Third, that the governor of New- York issue patents for vacant lands on the north side of the temporary line, and that the proprietors grant on the south, making a deposit of the profits ; and fourth, that six months be allowed to New-York to provide for the expense of a final line. The report recited that the allegations of the proprietors had been ve- rified by Sir Charles Hardy, and that Mr. Charles, styling himself agent for the assembly of New York, owned that he had no authority to join in the expense of a commission, and therefore, had submitted to such directions respecting a temporary line, as to his Majesty should seem proper. The agent wrote— "I prayed for further time before their Lordships proceeded upon the Petition, in hopes of hearing the resolution of your House, touching the method ^32 »*f*y^ »ii«», *P.j ^wpwwM>pipipwyi.i3»-*«i [Chap. VI. line was at more s said Hudson's d, whether the I New- York and end of the said ; board's resolu- be in some mea- I evidence upon and thought it sentiments upon ny opinion upon tion o. . hat had agreed, that a from a point on 3sachusetts Bay, Hudson's River, >vinces of New- i-, will be a just en the said rro- Btts Bay." le privy Council, jretary of State, inces, the sequel ve this obstacle r eastward.as to this Colony, ritish troops, si- Iship had done censured by his e of Montcalm's who had lately t he intended to e of the continent ; kd, was in such he driving in all st side of Con- , that Mr. Webb ng his own bag- ion of retreating the river to the 1757.1 -' 255 Highlands, and within sixty miles of the metropolis wi«hp/'''''^'"r ^.u^^ .impression the Assembly Zm i Q^^^'f ^ **?•' *""«' •" England, appcarn from the Speaker's letter to the agint of the J 2th September « As to our military operations, we are 8t.fl on the osing side. Fort v/illiam Henri on the back of Lake George, being taken and demXled by the enemy, after a siege of eight days, with no great loss of men on either side, ft surrendrred on cap.tulat.on, by which the French became masters ?odlp/«n' ^'*'"^'^' ^"^ ^" "^^ ''^'^'- Here were lodged all our cannon and stores intended against H«^r '^Tk- J^y ^""'^ L«"^«" •« arrived ^rom Halifax, without any attempt on that side. It is said. fnr.fr'"'? i7^ V-^P^"^*" *° "'' ^'^t*' •» land and sea W J*"."'' **;'' ^^^'"Pa'g" is like to end as did the last, with loss to poor America. It seems very strange to us, that tfe French can send such large supplies to America and always before us, notwitfi- standing the great superiorit/ of the Bri ish navy. Sif •/*''? *^"'/ ^^ ^S••^^* ^^""--^ somewhere which f not timely remedied, may probably end i, the entire loss of the English America. However we live still in hopes that the next year's succours will be stronger and arrive earlier, our provincial forces were ready in April, so that rm blaL can be fidings.»'°''- ' ^''^ '"y next may give you better Mr. Delancey's vindicatory speech was the more necessary, as he knew that his public conduct had ritl.1 qI" rT°''^^ ''^*"^^^' ^"d l^i« arts during Sfmnhli. 'l? 1 command, were disclosed by I pamphlet, published in London, under the title of "A review of the military operations in North Ame- the^n^h^ M^'' '" ^ P"''^^^ ^^"^•' *^ tl^e Speaker of the nth May, accompanying a copy of it, writes there has been lately publisSed heiS^a piece which I shaJ send you, entitled, a review, &c This pro- duction comes from New-York, and has been Imnded to the press by Mr. Alexander, as he acknow edged !■«; i*^ i?.t.f V-. i™««|»i*J*tj'r*-3«ji;ii»-- ;l>' LChap. VI. to Mr. Pownall, Secretary to the Board of Trade. There is a virulency against several private charac- ters, ami some reflections on the proceedings of your association, extremely indecent. I believe the Gov- eiuor of Massachusetts Bay is put in a fair way by his brother uf discovering the author. No reply was ever made to it. Mr. Jones' letters take no notice of it. Secretary Pownall, by menac- ing Dodsley the printer, traced it to Mr. William Alexander, who denied his being the author ; but asserted that he knew most of the suggestions to be true, and these facts not alleged, which convinced him that his brother the Governor, for whom he interposed, deserved the character it exhibited. The pa.nj^hlet coming out wh^n America was little »;»! known, and transactions here still less, was univer- sally read and talked of in London, and worked con- sequences of private and public utility. General Shirley emerged from a load of obloquy.* His extensive designs acquired advocates ; his suc- cessors became cautious and vigilant; the nation suspicious and inquisitive. His Assembly awed. Party spirit less assuming, and the multitude so en- lightened, that several changes were made on the next dissolution. The inefficacy of the measures hitherto pursued in America, filled the colonies with distrust ; but few discerned the true cause of our disasters. They are hinted at in a letter of that day — " fTo the scandal of the present age will history account these losses, sustained by a people who hud it in their power to extirpate the whole French Colony at their pleasure. You know, and every mafti here knows, that we might have raised forty thousand men on such a design, if our strength was united, a number equal to all the ''' A board of general officers had been ordered to inquire into his con- duct, and the secretary at war was comraaDdcd to make out the warrant for it. Mr. Shirley often urged for it, and after repeated application^, was told that it could not be done, since there was nothing charged against hinr). ir It was written by the author August 1757, to a gentlemao in London. [Chap. VI. Joard of Trade. I private charac- ceediiigs of your believe the Gov- n a fair way by r. Ir. Jones' letters ynall, by menac- to Mr. William the author; but uggestioDs to be i^hich convinced ', for whom he er it exhibited, nerica was little less, was univer- xud worked con- lity. 3ad of obloquy.* ocates ; his suc- ant; the nation JLSsembly awed, multitude so en- made on the •e litherto pursued listrust ; but few ters. They are b the scandal of int these losses, I their power to it their pleasure. fs, that we might such a design, if equal to all the to inquire into his con- make out the warrant repeated application^, lothing charged against gfentlemaa in London. J7i7.J *>'»? «.•!# tHected by a law for the cstabiishinont of an Ameri- can parl.ament. While, each colony is left to div^.rt itsell with Its private contentions, tUv common in- terest must suffer ; whereas a convintion of n.embors iromeach, oragenenil representation of all, would extn.gu.sh the party disputes nowHuhsisti,^^ Pe w sylvania, k colony of fifty thousand figh ing men mus then do her part; and when that^lay?Jawns' the httle tyrants of the respective colonies^Tdir' away w.th these projects, and our affairs be well Z nnderstpod m England. You have a Board of Trallo and their Lordships are presumed to have the bc*t acquaintance with the true state of America. We .ave fifteen colonies on the Continent alone; each nittfn'T'^'' **'^"r^"' ^^'^^^ Legislature, all trans- Uiiice. These must all be read for infbrmation con- cermng our state. But is it possible for y •»>« """"e ot Hudson' Rim a due east line from the stations, we are to run from and to, will fdl some "^^.tjlf twenty, which by the first report we were to have YouTrc ThTrZ,^,r ^T "''• «"''«»''<"^ »° P'-event such a loss to Uiis Colony! W '^'Sr™'"^^ ''f commissioners will write more largely to you on this head. We are alsogreatly surprised, that this affairshould be transacted without your privity, (which we must .appose to be the case) because you hare given us no notice of it. If you knew of it. you have been great v deficient in your duty, and are justly liable to censure for not omW r«fir'*"*V"""^ "! "'"^ •'• '^^^ """^^ •'»''« ""t 3'et finished Ihc'bu i" aess before them, nnd are to meet Eoon after the bolidavs. Aftc tha I 260 [Chap. VI, iNew- York, 24th Dec. 1757. 5ir, By the enclosed miiuites you will see the author- ity 1 have to write to you, in the name of the General Asfiombly of this his Majesty's Colony; and I assure you, Sir, that it is with the utmost pleasure I execute this authority, in a grateful acknowledgment of your past and steady attention to the public service of the Colony from the first moment of your arrival in it. My station of speaker to the General Assembly dur- ing your whole administration, furnished me with frequent opportunities of observing with pleasure, that the weliare and prosperity of his Majesty's sub- jects committed to your care, was your chief and j)rincipal study. Surely no Governor ever attended the public service with more assiduity, or more speedily pursued the good of those he governed. This, Sir, assures us that though you have left us, you will not forget us, but will on every suitable occa- sion assist our agent, Mr. Robt. Charkv-;, on what may relate to this Colony, and represent us in a favorable light to our most gracious Sovereign, to whose per- son, family and government, this Colony has a most sincere andinviolable attachment. 1 do, in the name of the General Assembly, most heartily congratulate you on your preferment in his Majesty's navy, and assure you, that you have their most ardent wishes, and, 1 am' persuaded, of the w hole province ; that success, honor, and happiness, may attend you in that and every other station to which Divine Provi- dence shall call you. While we were in suspense respecting the plan expected for the operations of the ensuing year, the military officers indulged great heats concerning the inactivity of the last campaign. Lord Charles Hay expect to write to you again on the affair of the Jersey line also. An oi-der is made out for your last year's allowance, and the same continued for another year ; but how it will be after that I cannot say. The House ]iave not proceeded to the examination of accounts, when they do, you »viu fall uuder consideration. [Chap. VI. ork, 24th Dec. 1757. ill see the author- me of the General ony ; and I assure pleasure I execute vicdgment of your blic service of the your arrival in it. ral Assembly dur- irnished me with [ig with pleasure, his Majesty's sub- is your chief and nor ever attended ssiduity, or more ose he governed, you have left us, ery suitable occa- irle.;, on what may it us in a favorable ign, to whose per- ^olony has a most 1 do, in the name irtily congratulate ajesty's navy, and ost ardent wishes, le province; that lay attend you in lich Divine Provi- specting the plan ensuing year, the its concerning the jord Charles Hay le Jersey line also. An , and the same continued cannot say. The House lots, when they do, you led a party at Halitax in severe retlecfinnc, «„ n Earl of Loudon. Their animositLs JpreaT o Ne t York ; and among the discontented, no man mZi m greater liberties than Mr. Lee thrn n I-.k i^ who did not restrain himself n he m,oncoft I h''"' from calling it the Cabbage pLiH^rFw^^^^^^^ drawing i,,to question not only tie Ead's^^fi' tuviaed it4,t.cting the northern events Thf ,o Z advocates for Mr.Vobb, „h„ in^i^M-.h Jt Fort WiU am Hciay was unnecessarily suriondc.-,.,! JhVlL those who adhered to Colonel Vn m„ ■ ' i'H that General, not onlyfor ,° "bcth.Tt relf '"'jf besieged bat for the'^loss of ThrG^ra^^n this bv .he capitulation thatt ^trl" t'o^Moletat he was on the point of marching to his aid but ^vef persuaded by Youne to ffivr i,n iL ?' . . ™' Whatever the rSal design, certainly to the hei^M unin Tir"^""""' " "'"' """'"& «>»''' winter Sfc upon 1 iccnderoga was talked of nnri r V r r mentioned as the%erson who waL to leadlh.^"'" terprise. His Lordship then commndp.i n • ^"" quartered on Long Island. The can'e^^^^^^^ \7IT''' were employed in framing smaU sVeds ti h ^ J "^ by hand; snow shoes were Drovidpd v! . ?''^'^" bought up; a new corps oFfivf^^j^.^^^^^ ««P^ formed under Colonel Gaffe n.,;i r Rangers raise one thousand mln'TT^h"^ fctX^Mt^^ Commandant. But after a few week J rmthJr *'''' was heard of this undertaking! and Ueoitn^ "'"''^ transferred from Webb and ^W toXTJ.^!- 2b:i [Chap. V. m !! ^tl m mv> time at Albany, where he received the public inti- mation of the extensive project of making a conquest of all Canada, and his own advancement to the command of a great army, to be composed of the British troops, augmented by the whole force of the colonies. Mr. Delancey collected the Assembly, and made a speech to them on the lOth March, 17.'i8, in which he incorporated the animating terms of Mr. Pitt's cir- cular letter, for setting all the wheels in motion to raise 20,000 provincials. The King was to furnish all the arms, ammunition, tents, and provisions : the levying, clothing, and pay, we were to defray, with a promise of being relieved according to or.r active vigor and strenuous efforts, by a parliamentary reim- bursement. " I hope," says the Lieutenant Governor, " a num- ber of ballot men will have at heart the honor of a brave and the best of Kings ; and will voluntnrily and cheerfully engage in a service, on the success of which their properties, their civil and religious liber- ties depend. Nothing could be more gratefuli^o the majority of the people than the design proposed. The Assem- bly promised their aid without a moment's hesitation, and resolved to raise, clothe, and pay two thousand six hundred and eighty men, with ten pounds bounty ; for every volunteer, and twenty shillings to the officer for every recruit. And the Lieutenant Governor and Council, to favor the levies, laid an immediate embargo. The House voted to maintain every poor soldier's family in his absence ; and to defray the ex- pense, bills were emitted for £100,000, to be can- celled by a tax for nine years. The necessary law was passed, and (he Assembly dismissed before the end of the month, without the least jar among the legislators upon this subject, though the Council had refused their assent to the favorable project for ex- tending the power of the government, by enlarging the influence and authority of the Trustees of the Peace. "9*^- [Chap. V. the public inli- laking a conquest incement to the composed of the hole force of the nbly, and made a IT-OH, in which he )f Mr. Pitt's cir- els in motion to g was to furnish provisions : the to defray, with a ig to ot:r active liamentary reim- )vernor, " a num- art the honor of 1 will voluntarily 3n the success of id religious liber- a the majority of d. The Assem- oent's hesitation, ay two thousand ) pounds bounty ; ngs to the officer enant Governor id an immediate ntain every poor to defray the ex- ,000, to be can- e necessary law issed before the ; jar among the the Council had e project for ex- nt, by enlarging Trustees of the 17.08.1 urn.^'^'f ^''^"Slit in the live-pound bill on the 1st December preceding, and ibur days afterwards It was sent to the Council. On the 23d they were stimulated as to the progress respecting S "Uie good people of the colol.y had s? n»uch a hea ^ and were answered, that while Ihe bill was in com mitlee, a pet.t.on was presented to be heard agaS VV^f; > nT' ??[^ important messap-e by Mr VVatts and Colonel Delancey, respectingll, was de-' -^ZL": /^!,' ''' ^"""".^^ ' ^^^'^g' t^^-t th^ House in justice to the.r constituents, cannot avoid beim solicitous about a bill, which experience has shown o be attended with such happy^effectsln the seve ral counties where it took place, and which the d is Ire'TmnfrPT/ "^ '^'' ?««^ ^^^P^^" «^' ^'"^ Colony are impatiently expecting to see continued 3 therefore that their just expectations may not be d is appointed, and that the city of New-York and .nil" T/r'^""' «- colony a^ have hithe t<; b en ex^ eluded, and where its use is apparently nece«sarv may no longer be deprived of the beilefits aiS universally acknowleJged to aris^ SL-the House hopes the Council will not continue to defer their concurrence thereto. The Upper House took no umbrage at the unni.- each other, but simply rephed, that the day foC ' appointed tor the hearing, would not arrfvVtni th^ 8th instant. Before that they were irre^^ula v Id journed from the 4th of February to the 7tl!o Maich" on a letter from the Lieutenant Governor to the Speaker, observed that he chose tomakeasnecrh to them after the receipt of Mr. Pitt's letter' Ct there had been no end of the session. The Counp- unmoved, sent down the bill with amendmerUs and the same morning (2Ist March) were informed' U l1 fateof TpiTS"'^ not concur in them, and thus he ate of the bill was suspended; the Council adheriW to their alterations, and the Lower House bei !"? was then supposed, satisfied with the amazit fnflu -261 [Chap. \'. IK,, 1 '■■[UV. (9- r- once which the new commissioners for raising the army would create prior io the election near at hand, in consequence of the septennial act passed in the time of Mr. Clinton, who was censured for a practice in which he was now enslaved, that offiUing up vacan- cies in the counties, according to the nomination of the members, some of whom were trusted with blanks to be filled up at their pleasure. But on the nearer approach of the dissolution, the Assembly rescinded their first vote, and concurred with the amendments, and the bill was passed. Mr. Amherst was to accomplish the conquest of Cape Breton, the island of St. Johns and their de- pendencies. Mr. Forbes commanded in the enter- prise against the French forts on the Ohio; but the main army for |)eiieh'aiing Canada througli the north- ern Lakes, wts to be conducted by Mr. Abercrombie. Fort Edward was the place of rendezvous. The New-York troops w ere all levied and collected there a fortnight before ; the stores arrived from England about the middle of June, under convoy of the Van- guard ; not long after which, the forces of the Colo- nies came in. By the activity of Lord Howe, and Lieutenant Colonel Bradstreet, the boats were for- warded with speed, and Lord Howe led the first division of 4000 men, before the end of June to Lake George. General Abercrombie followed viith the main body, and on the 6th July, the whole army landed at the north end of those w aters. They defeated (to use the words of Mr. Jones' letter to the agent of the 2d November) a party, who went against them and got possession of all the ground between the place of landing and the French frrt at Ticondernga; but meeting with a small re- pulse there, they immediately (at least as appeared to us) gave up all the advantages they had gained, and hastily returned back over the Lake again, and nothing has been attempted since in that quarter. Where the faults lay we cannot take upon us to say, but it appears to us to l)e more in the fiend than the hodi/. [Chap. V. for raising the ion near at hand, t passed in the ;d for a practice rfilling up vacan- lomination of the d with blanks to t on the nearer smbly rescinded he amendments, the conquest of s and their de- id in the enter- ; Ohio ; but the rougli the north- r. Abercrombie. idezvous. The ! collected there I from England voy of the Van- ;es of the Colo- ord Howe, and boats were for- ve led the first of June to Lake ■owed with the he whole army ers. 3 of Mr. Jones' ci') a party, who non of all the and the Frencli ith a small re- st as appeared ley had gained, jakc again, and in that quarter, upon us to say, e fiend than the Lord Howe, on the march to the lake, fell a sacrihce to his valour in a conflict with the French advanced guard Brigadier Prcvost, in a letter of the 3d August, mforraed the author, that the army marched in the best order: but from ignorance in the officers, or the indocility of the troops, they took h-ight on the report of a few muskets, and instantly dispersed. That this happened twice in two hours^ 1 he works at Ticonderoga were trifling : they had piled logs on the land side in a line for a breastwork, and trees before it to embarrass the assailants. Mr. Abercrombie, who was two miles in the rear, and not informed that there was at one end an open access to the French encampments, ordered an attick with musketry alone, upon that part of the line jvh,ch was finished and- fortified "iih cannon, and there we sustained the loss in killed and wounded: w!fh ^hr. ri4''''f ^ ™^"' ''^« ^^'•^ advancing Tbi wtr ' '''^"^^^' ^"^^'^ ^'^^^"^^^^ ^^ - The French General, who was just within the lines, perceived our folly, stripped offhis clothes, and wft a drawn sword, forbid a musket to be fired upon the ^^'"i** S! severest punishment, until he gave the word. When, embarrassed and unable to fly back ZTTa ^^^ r^^ ""^ command, and our front was M A K ''" u^^ ^?''- **^^""g of ^lie slaughter Mr. Abercrombie ordered a retreat; he hurried them on the night of the 7th to the Lake, where they em^ barked vvith the utmost precipitation, nor even then fen th ^^ *'" *^^^ ^^^ P^''^^ '^' ^*^«^e , Colonel Peter Schuyler, who was then a prisoner m Canada, informed the author that Mr. Montcalm's i!r .1''"*'^ there and at Crown Point did not exceed three thousand men ; nor their killed and taken both within the lines and at the advanced guard, two hunr dred and thirty ; and that from a dread of c ^ vas superiority, they had actually before our retreat pro, pared to abandon Crown Point. ^ 31 266 [Chap. VI. m Lieutenant Colonel Bradstrcet, impatient of this disgrace, and hoping nothing from a General, who, while he calumniated his army as broken-spirited, discovered that he wanted firmness himself, urged an attempt upon Frontenac. He was sent to Oswego in 17.05, was there again in 1756, and liad entered into Shirley's views of the importance of command- ing the waters of Ontario, and olFered his services to conduct the enterprise. Abercrombie gave him a detachment of three thousand men; he rather flew than marched with them through that long route from Lake George to Albany, and thence again up the stream of the Mohawk River, then across the postage, down the Wood Creek to the take of the Oneidas, and the rapids of the Onondago to Osn ego. Thence he pushed his open boats into the sea of Ontario, traversing the south-eastern coast from poini to Point, till he crossed the St. Lawrence and sur- prised the garrisorj of Frontenac. He invested it, took it, burnt an immer^se magazine for the supply of the interior dependr(icies,and in twenty-four days after having destroyed the vessels on the Lake, re- turned to assist in securing the important pass in the country of Uie Oneidas, which Mr. Webb had the year before abandoned to the intimidation of all the six Indian tribes. But either by the fatigue of these vigorous exertions, or the bad quality of the waters of the Wood Creek, we lost five hundred men of this detachment, a great part of whom were levies of this colony. The author's letter to Governor Morris, enclosing one from Mr. Dubois, who was a captain under Bradstreet, brought the first intelligence of this event to England. He desired an audience to communicate it to Mr. Secretary Pitt, who received him, and unassisted, entered into so copious a dis- play of its co;;sequ 'ices, that his informer lost, what was one of ilie ends of the interview, not having a thought to a^? 1 tothe^agaclo j remarks of that bold, active, and .Isdcerning statesman, who appeared to be accurately informed of the inland geography of TT- I [Chap. VI- inpatient of this a General, who, broken-spirited, s himself, urged s sent to Oswego ind had entered ce of command- d his services to ibie gave him a. ; he rather flew t long route from ce again up the ross the postage, of the Oneidas, i)V« ego. Thence sea of Ontario, from point to Tence and sur- He invested it, i for the supply twenty -four days in the Lake, re- irtant pass in the Webb had the idation of ail the ! fatigue of these ty of the waters dred men of this ere levies of this lovernor Morris, ) was a captain t intelligence of an audience to t, who received ) copious a dis- former lost, what w, not having a irks of that bold, ho appeared to [id geography of r/ja.j 267 I America, then understood even in this country only by an inquisitive few. It was imagined that Mr. Abercrombic would re- new the attack, but the author learnt from General Prevost that some additional works at Lake George engrossed all his attention, and that the campaign would end as shamefully as it had begun. Having communicated the jmblic censures on his conduct in that quarter, so early as the 21st of .July, his an- swer did not admit that the General was culpable in recrossing the Lake, and seemed to hint that there could be but little dependence on the provincials. The author, on the 13th of September expressed himself thus : — "Though some of the Colony troops seemed to discover a temper not very nncoin-aging at the first landing, is it not true, that they behaved with spirit in the attack .'' or, which is sulficient to my purpose, did not the General think so, when orders were given to thank them publicly for their gallantry ? was not their universal surprise at the retreat some proof that their minds were then firm, and not broken by a panic ? and does not the rapidity with which they were brought off, demonstrate that no time was spent to examine the temper of the army ? what are your re- flections on the General's orders, on the cannon and baggage to New- York. Provincials reduced Louis- burgh the last war. Acadie was reduced mostly by provincials. Dieskau was takeh by the Colony troops. The rangers are colonists. Provincials cut off Kill- annjng,and by provincials we lately destroyed Fron- tenac. You will agree with me tliat irregulars will be of use for a surprise in a weakly fortified, wooden country. When provincials succeed in one kind of service, most men think them fit for all. This indeed is arguing ill, and nothing will sliow it to be bad logic so soon, as better conduct on the part of the regu- lars. What think you of rebuilding Oswego? If the war continues another campaign, I can't help thinking that in a general invasion of Canada, five or six thousand troops sent down the Cataraqui stream ■26« [Chap. VI would greatly iavor the descent ot" a larger army through Champlain, and a fleet on the river," The reply ot' the 28th has these passages — " I have no answer to make in regard to the Gene- ral's orders to Cummings on the night of the attack, for 1 am at a loss to defend a badmnse^afi I should be to give up iigootf one. Provincials have performed all you relate, and had they been p?'operly led, it is my just opinion, they might have done more, but for all that, they were not in the least fit for the service we are upon. 1 do not know verily, whether we shall attempt this year to retrieve our losses, but we are in readiness with regard to all the necessary imple- ments and provisions ; and if any thing is still wanting, I am pretty certain it will be at the lake before the reinforcement of the regulars can come from Boston." When the five regiments from Louisburgh landed there, and marched slowly to find winter quarters at Albany, they had not the least intimation that Mr. Abercrombie suspended his re-attempts for their junction, and then heard it for the first time with surprise. The controversy then arose respecting the fault which was at last charged upon Mr. Pownall the Governor of Boston, to whom Mr. Abercrombie had entrusted despatches to Mr. Amherst for reinforce- ments immediately after the retreat from Carillon. But the season was elapised. The French had gath- ered in their harvest. The British fleet had left the St. Lawrence, and the whole force of Canada was collected on Lake Champlain, and by the middle of October, the victors from Louisburgh were in winter cantonments. The operations terminated in the north-west, in the construction of a respectable fort in the country of the Oneiuhis, and it was called Stanwix, in com- pliment to the General who commanded in that quar- ter. The account of the loss of Louisburgh on one side, and of Frontenac on the other, arrived at Montreal on the same day. The militia of that island and neighbourhood were instantly commanded up the St. -rsr- 1 [Chap. VI a larger army 'iver." sages ri*hout a five-pound act for the greater influence of the trading factors in the ensuing elections. One of tlie main sticklers in the Council for amending the bill, was Mr. Chambers ; the profits of whose office, as town-clerk of the capital, would be "reatly abridged by the commission of all causes between forty shillings and five pounds before cogni- jiance in the Mayor's court, to a single justice of the peace. . . ,^ * He Willi Mr. John Cruder and Mr. Beverly Robinson were the pny- masters and commissaries for layinsr out tlie £100.000 devoted for the service of this campaisrn. [Clmp.Vr. ." Though r^ays isappoiiitod, yet liere, and things ■it the V t^rinning s theiu o* ihree to thoir conside- moii busiiHMS of e thank"! of this lancey, w ho had , as Colonel in his great service under his com- the Lieutenant for a salary, four and lights, and liundred pounds i could continue :est of the sum- ; and the writs nuary 1752, this rin expiring in a tlie reins, could c-pound act for 5 factors in the Lhe Council for •s ; the profits of apital, would be >n of all causes ids before cogni- gle justice of the obinson were the pny- 10.000 devoted for the n.os.j 271 This was his motive lor ainendnig the bill, and he was sunnortcd by the majority, who thought it reasonable to give a compensation to all patent oMi- ces whose |,rofits were to be lessened by thai hill. The Assembly ha«l refused the ameiidiMents, and Iho Council had given notice that they adhered to them, so that lhe bill had been eonsidoied at last, until the House, unwilling to be dissolved without it, re- sumed the consideration of the amendments on the 9th December, (for no prorogation had intervened) and assenting to them, the Council, (into which \\\\ Watts and Mr. Watson had been intioduced by the interest of Sir Charles Hardy,) without any ohi '.i, handed the bill over to the Lieutenant Governoi it passed into a law. Before their parting, care was taken to injjmidatc and weaken the influence of Mr. Depeyster'the treas- urer, and his powerful connexions in the interest of his brother-in-law Chambers, by stating an account between him and the Colony, according to which he appeared to be a debtor to the public in (757, for above thirty thousand pounds ; and to reward Mrl. Speaker Jones, who had so Irtng served the interest* of the Lieutenant Governor, cuiu fallen under the suspicion of his constituents in Queen's County as a friend to the chartered college, he was constituted one of the judges of the supreme court, and on the face of a new instruction pwo him his commis- sion, granting the olfice during good behavior. But it must be added, that there was at that time an im- portant cause to be tried on a claim to near sixty acres of land in the suburbs of the metropolis, held by the corporation of Trinity Church, of which Mr. Chambers and Mr. Horsmanden were members, and therefore exceptionable judges, and when the trial came on Mr. Jones sat alone. But it was easy to apologise for this appointment, especially as the two houses at this time furnished him with a very seasonable exhibition of the zeal of u ^/?*°"y ^" ^^^ services of the war, with a vieu- that this representation should be communicated witl.t M' 27li [Chap. Vr his own additions to tlic king's ministers for a share of the promised reimbursements, and tl»at delivered, Mr. Dclancey dissolved the Assembly on the Itith of December, " not (as he told them) for any distrust of their proceedings i on the contrary, I take this rublic occasion of thanking them, and declaring that think they have done a great deal for the service oftheir king and country, and that they merit the ap- probation and thanks of their constituents. But as his Majesty's commands for the operations of the en- suing year against the enemy are not come oyer, and probably will not arrive here till near the time when this Assembly must expire by the limitation of the septennial act ; in which event, if this Assembly should not during their continuance go through the busines|tjien to be recommended to them, the public servicewould bedflayedand pcrh.',ps disapproved'"* The elections demonstrated that all the arts used to influence the multitude were insufficient to extin- guish the flames of jealousy excited by the partial pre-eminence given to one denomination in the mo- delling of the college. Fifteen new members were introduced, and among them several whose abilities increased in therifficts; / of managing their humors, and who by thei; ouU .ce were indifferent to the smiles or frowns oi a party they meant to check and subvert. Philip Livingston, a popular alderman, came in as a member for the metropolis ; William Livingston, who had signalized himself in opposing the exclu- sive charter, was chosen to represent his brother's manor ; Robert R. Livingston and Henry Livingston were sent by the County of Dutchecs ; Mr. Hicks of Queen's County had been a partisan of Governor Clinton, and with his colleague were preferred to Mr. Justice Jones and Cornel. The people of that county censurng the former as a tool to the Lieuten- ♦ It was known that General Amherst was to commaDd the next year- THe sent some of the Louisburgh troops across the country from BostOD ta Albanv, and arrived at New- York oa tl>c 12th December 1758. [Chap. Vr. isters for a share id tliat delivered, ibly oil the Itith ) for any distrust rnry, I take this id decUiririg that d for tlie service ipy merit the ap- iitiients. But as rations of the en- not corae over, till near the time the limitation of if this Assembly s go through the » them, the public tG disapproved "* all the arts used ufficient to extin- ;d by the partial lation in the mo> IV members were i\ whose abilities iiiff their humors, ^different to the ant to check and rman, came in as lliam Livingston, osing the exclu- 5ent his brother's lenry Livingston Gs ; Mr. Hicks of san of Governor ere preferred to le people of that j\ to the Lieuten- ommaDd the next year< country from BostOD t? :ember 1758. . >j. *; y - ^TT^ ^ ^ ^ <**^^ "i^. O: W '^.^*' > IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I^|2j8 |Z5 £ U° |2.0 m 1 L25 II , .4 1^6 « < 6" ». Hiotographic Sdaices Corporation 23 WIST MAIN STillT WnSTIR.N.Y. 145S0 (716)«72-4S03 .V CIHM/ICMH Microfiche Series. CIHM/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historlques 1759.] 273 ant Governor, and the latter as influenced by his old colleague. Messrs. Hasbrouck and Bruyn, Her- ring and Wisner, were sent up hy Ulster and Orange counties, disgusted by the late ruling party. But Mr. Delancey was not left without hopes. His brother Oliver, and his friends John Cruger, the Mayor, and Mr. Lispenard got in for fj^e city, nor did his brother and his cousins Verplanck and Rens- selaer lose their seats. Besides, he could rely upon Mr. NicoU, his cousin german Mr. Watts, and upon Messrs. Winne, Philipse and Thomas, who were his companions and members of the late House. Add to this, that the Delanceys had gainec^ in the Council what they lost in the Assembly. He seem- ed to be fixed in the chair, and therefore awed the whole board. In proportion to their jealousy of the Livingstons, who were considered as the leaders of the non-episcopal denominations, they were willing to draw with the Delanceys, though the latter were not fond of being pubKcly considered as the head of a sect, though powerful in jts influence, yet small in point of number's ; not to mention that the new mem- bers, Watts a. ''^atson, wei^ not only sure yotes in that board for . party, but a check upon the free- dom of their r tes. From this time we shall dis- tinguish the opposition under the name of the Liv- ingston party, though it did not always proceed from motives approved of by that family. The writs of summons were returnable on the 26th January, 1759, but the inclemency of the season pre- venting their convention, Mr. Delancey prorogued them by a proclamation under his private seal, to the 3Ist. For this irregularity he had the advice of his Council, nor was it excepted to by the Assembly. The new plan for the year being not yet come to the hands of General Amherst, who had been waiting here in daily expectation of it, the Lieutenant Gov- I ernor, after Mr. Nicol was chosen Speaker, address- ed them with congratulations on General Forbes^s success against Fort Du Quesne, recommended a more compulsory law for impressing horses and car- 35 fi4 f. • Mi!i»,fi^s^mmMs:: ' — * ■ "■ • ^<^p*'*n*«r^*' 1 07,1 . L^'^^P- ^ »• ria^res, the prevention of frivolous arrests, the pay- ment of public debts, and their concerting a plan for more populous settlements of the waste lands of the crown^ ^These measures were as much for his own Xest as for that of the public ; the last mentioned especially, by which his emoluments in the land- office mightiy new grants be greatly increased. TheTlave him a general answer wUh warm pro- fessioni of zeal for the service of the crown and theTr country, and entered into the common routine of business, till Mr. Secretary Pitt's despatches arnv- cd the latter end of February, reqmring an addition to the British troops of at least twenty thousand men Ivom the Sonies^^ the east, and of Pennsylvama, uDon the terms of the last campaign. Twas immediately resolved to raise two thousand six hundred and eighty men, as the Pi^PO^^«» «^ this Colony, by giving each individual £15 bounty, and twent^ sWUfngs 'more to the Recruiting officer ; and to defray the expense by an emission of £ 100,000 in paper, to be sunk in nine years by a tax beginning with £12,000 for the present. To quicken the levies, the Lieutenant Governor ureed the House for power to make detachments, thit every man might be interested in procuring ylZlvl, and by ?he 7th of March, the mam bill for the levies and one for impresses being ready, they we e passed with two or three others of less moment, and the members retired to their counties Tforward the enlistments, when great umbrage was taken by the quakers, to whose conscientious scru- pks the^Legislature had shown very little regard. ^ But the Assembly were soon reconvened for a • fresh proof of their zeal. The agents for the mo% contractors were out of cash, and the end of the SmT^n?" danger of beingfrustratedm^^^^^^^^ could be made to the crown of £130,000 currency. It was noTooner asked by Mr. Amherst, than a law passed (3d July) upon his promise of repayment m ircourse of a yeL-, by bills to be drawn by the II n m 'm m' l. 'i . l i ' " "•' [Chap. VI. ?sts, the pay- ting a plan for te lands of the eh for his own last mentionetl 8 in the land- increased, "ith warm pro- he crown and ommon routine sspatches arriv- ing an addition T thousand men f Pennsylvania, e two thousand e proportion of ual £13 bounty, cruiting officer ; iion of £100,000 a tax beginning enant Governor te detachments, 3d in procuring :h, the main bill les being ready, B others of less to their counties jat umbrage was nscientious scru- r little regard, econvened for a nts for the motley t the end of the ted, unless a loan 50,000 currency, herst, than a law I of repayment in »e drawn by the IT59.] 27.'* deputy paymaster of ♦he army, and the casli lent consisted of bills of credit now issued. General Prideaux took the command of the west- ern army destined to Niagara. They advanced the 1st of July, 2200 strong, exclusive of several hundred Indians led by Sir William Johnson. They landed, invested the French fort and opened their trenches. The General fell by the unfortunate explosion of a cohorn on the 20th. The American Baronet took his place, and sent for Mr. Haldimand, who with twelve hundred men had just before repelled sixteen iiundred of the enemy in the defence of that post, with a considerable loss to them and none to us. Before Mr. Haldimand arrived, a strong party of lnirteen hundred came from Venango to the relief of t]ie besieged, with five hundred savages. Lieu- tenant Colonel Mossey advanced with a detachment of five hundred men to meet them. Observing that our Indians sought an opportunity to speak with them, and fearing the effect of it, the French set up and begun the charge. In less than an hour they gave way with the loss of one hundred and fifty prisoners, the first ai d second in command, Morang, the Indian leader and seventeen officers, seven of whom were captains. Except the Mohawks, all our own Indians stood aloof till after the route. This victory of 2M July gave us the fort. Through the unskilfulness of our engineers, the works were un- hurt; and haying ammunition for only forty-eight hours more, Sir William was on the point of raising the siege. The garrison capitulated at the instance of the commandants. There were made prisoners of war to the number of six hundred and seven ; their women and children were to be sent to Mon- treal. General Amherst led the main body. They pass- cd Lake George without opposition, and proceeded to the lines so fatal to us the year before. While our trenches were opening, the enemy kept in their lort, but in the night of the 26th July, blew it up and repaired to Crown Point, leaving twentv men ^ . ,„-, - ■ ^i-at,. ■ ■- -i'^^ jm"i^-iifr* "*" ^ .270 [Chap. Vf. behind who could not find room in their boats. We lost Colonel Roger Townscnd the night before, by a cannon shot in the shoulder while he was imprudently gratifying his curiosity at the trenches. Five days after M. Bourlemaque abandoned Fort St. Frederick, and demolished the works on the approach of Rogers's rangers, and retiring with all the stores to the Isle aux Noix, at the north end of Lake Champlain, where his whole force collected amounted to two thousand men, who were in a starv- ing condition. Colonel Gage was ordered on the news of the sur- render of Niagara, to proceed from Oswego with the western forces down the St. Lawrence to La Ga- lette, while General Wolf was besieging Quebec, that the French force drawn to the two extremes of Canada, might favor General Amherst's descent upon the centre of the Colony, with an army of twelve thousand men through Lake Champlain. On the flight from Crown Point, few doubted the reduction of Montreal, where they imagined the in- habitants shut out from the rest of the world, and so harassed as to be unable to collect in their harvest, upon the point of perishing by a famine, and by des- pair ready to resign themselves the moment of Gene- ral Amherst's landing at St. Johns. Thejr relied on the intelligence that the savages in the French alli- ance were intimidated, and conceived that the im- mense plunder of Niagara would be safficient to draw all our Indians to a firm junction with the troops who were to act under Mr. Gage. But of these de- signs not one was executed save that trusted to General Wolfe, and this not till the 13th September. General Amherst who had advanced within thirty miles of St. John's, and burnt all the French vessels but one, on the news of the Quebec victory returned to Crown Point. . The multitude however were contented with a change of fortune so very different from what they had hitherto experienced, and contented with their successes, a veil was willingly drawn over that inac- [Chap. Vf. ■ir boats. We ht before, by a as imprudently >andoned Fort works on the tiring with all le north end of brce collected vere in a starv- lews of the sur- 1 Oswego with •encetoLa Ga- uging Quebec, wo extremes of .^s descent upon irmy of twelve ain. m doubted the magined the in- le world, and so n their harvest, ine, and by des- loment of Gene- They relied on the French alli- ired that the im- be sufficient to 1 with the troops )ut of these de- that trusted to 13th September. :ed within thirty 5 French vessels victory returned ontented with a ; from what they tented with their ^n over that inac- 1759.] , 277 tivity which had disappointed our hopes of the total subjugation of the power of France on this continent. The fort of Niagara though of earth, was rcHpecta- ble, and capable of containing two thousand men. On the sides it was difficult of access. It had a river on the west, the lake on the north, and on the east a ■ morass. The ditch was large., and a great part of it wet. The soil near it, like the Seneca country, fertile, rich and level. About two thousand Indians visited it the ensuing autumn, abject and servile, because aware of their dependence on Us in future for many articles necessary for their subsistence. But not a single man of the Mississagas, who inhabited the old country of theHurons, on the north bank of Lake Erie, came there till the close of the campaign, for the French still maintained their post at Toronto, at the north-west corner of Lake Ontario, and there- fore six hundred men were left the ensuing year as a garrison at Niagara. At Oswego we built a new pentagon fort, v-^nd opened a ditch of five and thirty feet. The maga- zine was made capable of containing a thousand barrels. Casemates and bomb proora were con- structed, and nine companies left there for its de- fence, with several small vessels and a brigantine of seventy odd feet keel, mounting twenty guns. One hundred men more were posted in a small fort at the Little Falls of the Onondaga, and as many more at the western extremity of the Oneida Lake ; fifteen at the eastern end, and four hundred at Fort Stan- wix. A road was cut from that fortress eighteen miles across the portage to the mouth of the Wood Creek, to shorten the passage by that stream, whick is more than double that distance. It was then as^ serted that the plain of the waters of the Wood Creek and the Mohawk River, at each end of that carrying-place, differed but two feet, which, if true, may one day give a supply of salmon and many other kinds of fish to the inhabitants upon the borders of the latter of these streams. » »■!»» .278 Chap. VI. On the north General Amherst began a fort at William Henry, completed another at Ticondefoga, formed and began to execute the design of such a fortress at Crown Point as would comprehend a cir- cuit of nine hundred yards. The winter garrisons ot these three posts amounted to fifteen hundred men. The defeat of the party from Venango facilitated the constructions ordered by Mr. Stanwix at Pitts- burgh, where he exhausted the summer in Indian treaties and promoting our commerce with the abori- gines of the south. The provisions for the New- York troops extending only to the first of November, and General Amherst wanting their assistance for securing the ground they had gained, and to prevent the French from repairing tlieir losses, it was necessary to reconvene! the Assembly in October, and on account of the small-pox, Mr. Delaijcey ventured to summon them again at his own out-ho jse in the surburbs. General Amhert's patron was Mr. Pitt; and the Lieutenant Governor, who had hitherto studied to conciliate the graces of that general, did not lose the opportunity to applaud his campaign. After declaring his acquisitions to be important and valuable, and approving the wisdom of his mea- sures, be adds for justifying thena, « You must be sensible that the enemy have had very small supplies of provisions this year from France, and that most of the men in Canada having been in arms this summer, their crops must have p suffered greatly. In this pressing situation it cannot be doubted, they will Use their utmost efforts to re- possess themselves of their strong holds, if it were Unly with a design of getting subsistence from our magazines ; but if they know that there are respecta- ble forts to oppose them, and find that the works are completed, they must lay aside all such attempts as fruitless and vain." The house wanted no incitements to continue their aid, and the same day voted the necessary pay and additional clothinsj suited to the season, and the day "m^" Clmp. V i. ran a fort at Ticondejroga, lign of such a )rehend a cir- !r garrisons of lundred men. igo facilitated nwix at Pitts- ler in Indian kfith the abori- ops extending leral Amherst r the ground French from to reconvene; ecount of the summon them urbs. Pitt; and the !rto studied to I, did not lose gn. be important )m of his mea- emy have had lis year from 'anada having ps must have ation it cannot t eflbrts to re- Ids, if it were ;ence from our B are respecta- the works are ch attempts as continue their ssary pay and n. and tlie day 17/)y.J 279 after (18th October) were adjourned lo the 41h of December. They met then to congratulate each other upon the victory at Minden, the defeat of the French fleet on the coast of Algarva, the conquest of Gua- daloupe, the reduction of Quebec, and the other successes of that memorable year, and then proceed- ed to the ordinary supplies. Mr. Delancey did not omit a requisition for a salary to Mr. Justice Jones ; "an officer (says he) whom the course of justice obliged me to appoint ;" and for obviating objections, pointed to funds by an increase of the stamp duties and an augmentation of the excise upon strong li- quors. The session ended in twenty days without a single division on any question, though upwards of twenty acts were passed, and among them a five- pound act so much before contested ; but it was limited to four years. To the governor they allowed a salary of £1800 with the £400 perquisite ; gave Mr. Chambers £200 without any reference to the chief seat as full or vacant. Deducted £50 from Mr. Horsmander/s late alloVt^ance, and gave Mr. Jones £100 a year from the ^ate of his commission, the 6th of De- cember 1758. Of the five-pound act the committee wrote favorably to the agent. The Speaker of the present House living remote from the capital, declin- ed any part of the correspondence, and it was left to the members of the metropolis, who expresse ' themselves thus in their letter of the 2Hth April. *' In the last session an act was passed to empower mayors, recorders, &c. to try causes to the value of £5 and under, which has been strenuously opposed by the gentlemen of the law, both out of doors and in the Council, but at last consented to for ibur years. As we are apprehensive that the same opposition will travel to the Board of Trade, we desire you will sup- port the act, as it has by experience been found very beneficial, and in a few instances only occasioned any discontent ; is greatly satisfactory to all racks of pee- ■^■1' " I mmwKimfmmt 200 [Chap. VI. ■ : I pie, except some oi the law, and prevents number- less suits and expenses, winch in many instances amounts in the old practice to more than llie sum stied for, and therefore this law is esteemed a very singular public benefit." It was not to be doubted that if the war contmued, new efforts would be directed for completing the reduction of all Canada. Mr. Secretary Pitt's letter for that purpose arriving in good season, the House was again convoked for our aid on the 11th March. The Assembly voted the like contribution with that of the last year, and there was a new emission of sixty thousand pounds to defray it, and an eight years tax imposed for sinking the bills. The Governor had in his speech incorporated Mr. Pitt's letter, commanding him to use his utmost en- deavors and influence towards raising the men neces- eary for the enterprise, which prompted to a motion of Mr. R. R. Livingston for an address intimating that a great part of the loan to General Amherst was still unpaid, and that their exertions were made, uninflu- enced by any other motives than a sense of their duty to their king and country. But there was a majority for the negative, which is mentioned as a dAaonstra- tion of his ascendency, even in the presenf Assembly. They adjourned the 22d of that month. Before they met again in May, he informed them that the whole loan was repaid, and at the request of Governor Pownall implored their charity to the people of Boston who had suffered by a conflagra- tion which had consumed a great part of that town on the 20th March. ' •> Though the province was then indebted to a long list of creditors for their services and losses in the war, and of many of these demands only able to ad- vance bu^ a moiety, still they gave out of their treasury £2300 to the poor of Boston. Mr. Delancey passed ten bills on the 10th of June, and then adjourne! ♦h*;m. The most remarkable of these, was one to regulate the practice of physic and surgerjK professions taken up by every pretender H —PO i ' II 1 % | IW B li - [Chap. Vt ents number- my instances than the sum Dcmed a very irar continued, ompleting the ry Pitt's letter on, the House e nth March, tion with that V emission of an eight years orporated Mr. lis utmost en- le men neces- ;d to a motion ntimating that iherst was still made, uninflu- e of their duty vas a majority I a d^fhionstra- ienf Assembly. 1. nformed them at the request charity to the >y a conflagra- t of that town bted to a long losses in the ily able to ad- 3 out of their J 10th of June, remarkable of tice of physic irery pretender 176U.J •1\\\ lo the great Injury of a credulous people. IJut the remedy was very inadequate to the evil, for the law which restrained all unlicensed practices under the penalty of five pounds for every ottence, was limited to the capital, and gave the riglit of examin- ing the candidates to incompetent judges, a coun- cillor, a judge of the supreme court, the mayor and the attorney -general, assisted by such persons as they should think proper to call upon. The Lieutenant Governor survived this session only to the 30th July, and died very suddenly. He spent the day before on Staten Island, at an interview with Mr. Boone and Mr. Barnard ; the latter leaving New-Jersev for the government of Boston, and the former taknig his place and command of New-Jer- sey. General James Prevost, Governor Morris, Mr. Walton and others, were of the party, and Mr. Dc- lancey, as it was thought, suffered by the tart raillery of the company and a too free use of the cup; for his constitution, though not much shattered, began to give way to the liberties he hadlongindulgcd. Crossing the water for several miles in the evening air, he landed in low spirits, drank some wine and water at Mr. Watts's,and rode out to his house about a mile from town. He was found in the morning by one of his infant children gasping in his chair, and in the ^ago- nies of death ; and before a physician could bcf called to his assistance, the vital spirit was gone. The immediate cause was supposed to be a fit of the asthma, to which he had been many years so subject, as to be unable to take his ordinary repose in bed. The conversation of the day before certainly put the deceased to his utmost exertions ; for he was treated with the familiarity of an equal in the pre- sence of his inferiors, who had long worshipped him as a genius and character of the first magni- tude. Mr. Boone, Mr. Morris, and Brigadier Pre- vost played off" their wit in rallying some of his arts for gaining popularity ; and though not a word was uttered in a manner interdicted by good breeding, vet there was gall under the disguise of politeness . 36 'lVr2. » > LChap. \r iind respect, which made his defence the more at' duous, especially a8 there were three against one, with the smiles of the rest. His daily coffee-house haunls, his controversy with Clinton, his persuad- in;; Sir Cliurl'^s Hardy to resign on contract for half ofthe salary and emoluments, the subserviency of his tools, his'donhle clnim to be chancellor and chief justice, his exaction of the high fees tor land grants taken by Clinton, and his receipt of £4()0 yearly for the garrison, after the independent compa- nies wrre removed, and a tale respecting that money, all touched with delicacy and justified with anxiety, without the appearance of contention, tormed the topics of a conversation concluded with evening merriment on both sides ; but when they parted, Mr. Delancey instantly grew serious, and was vexed and silent on the whole passage over the Bay. The tale alluded to was this : Prevost comiuanded one of the royal American battalions, which had wintered here before. The author remarked to him in the summer of » 7.'>8, when being hors de combai, he spent his time unemployed at a villa near the capital, that this annual gilt was a party douceur. He instantly protested he would exact it for his corps, and the next day startled the Lieutenant Governor by a demand, which the other endeavored to turn off with a jest. The General left him to con- sider of it, and receiving no satisfactory answer, notified him in form, that he should make it the sub- ject of a letter to the Secretary of War; and at a public dinner told him, that he would certainly make that application, because it was the part of a good officer to insist on the rights of his soldiers, and leave it to Wk, Governor to support his own honor in the denial if he could. Mr. Delancey was already intimidated, and a few days after declaring his con- viction of the justice of the claim, paid down a moiety ofthe money, for which the General tookthe merit of signing a receipt in full, which the other acknow- ledged to be a favorable and indulgent composition. General Prevost was so much pleased with his sue- •*SV LCiiap. \ r 2 the more ar- F'c against one, \y coflTce-housc 1, his persuad- iii contract for le Bubsrrvicncy chancellor and 1 fees tor land ^ceipt of £400 jcnucnt compa- ing that money, ?d with anxietj, on, formed the I with evening ley parted, Mr. was vexed and Bay. oHt corniiianded >ns, which had emarked to him hors de cotrUtatj villa near the party douceur, exact it for his the Lieutenant her endeavored left him to con- factory answer, make it the sub- War; and at a I certainly make part of a good is soldiers, and lis own honor in ey was already daring his con- d down a moiety tookthe merit of other acknow- ent composition, ed with his sue- 17tiO.J ^ ' > ii83 cess, that he could notconccat it ; valuing his triumph over a demagogue w ho held thousands in awe, uifinitC' ly beyond the spoils he had acquired. Mr. DelariceyV genius excerdrd his erudition. Hi:' knowU'dge of the law, history and husbandry except- ed, the rest of his learning consisted only of that small share of classical scholarship which he had acquired atCambridge,andby agood memory retained. He was too indolent for protbund researches in the law ; but ivhat he had read he could produce in an instant, for with a tenacious memory he had an uncommon viva- city ; his first thought was always the best ; he seem- ed to draw no advantages from meditation, and it was to this promptness he owed his reputation. He delivered his sentiments with brevity, and yet with perspicuity. He rarely delivered his opinions in writing, because his compositions did not merit even his own approbation. It was a labor to him to write, and he only supplied the matter of his speeches to the Assembly, which others put into form. The siege of Quebec by the Canadians, and the dread of its returning to its old masters, quickened our levies, and when collected, the news of their re- tiring from that city in May, stimulated them in their progress. General Amherst left Schenectady in June to join an army of four thousand regular troops and about six thousand provincials, who were to make their descent into the heart of the French Colony, down the stream of the St. Lawrence, while Gen- eral Murray was to come against it with two thou- sand regulars from Quebec, and five thousand pro- vincials were to penetrate under Colonel Haviland through Lake Champlain. Sir William Johnson gave assurances at the same time of the effectual aid of all the warriors of the Six Nations, of which nev- ertheless only six or seven hundred accompanied the western army from Oswego to La Galette or Os- wegatchie, when all except a few individuals thought proper to return to their own castles. The three divisions advancing and arriving nearly at the same time in the neighbourhood of Montreal. if 284 [Chap. VIL the whole force of Canada was driven into the island, and Mr. Vaudreuil the French Governor, being sur- rounded and unable to make any resistance, surren- dered all Canada on the 8th of September, and General Amherst returned to New-York the latter end of September, and received the congratulations of a people exulting in the accomplishment which we were taught by our ancestors to pray for, as an event essential to the felicity and safety of all the British Colonies in America. I CHAPTER VII. From Lieuten'tit Governor Delancey's death, to the appoint- ment of Lieutenant Governor Colien, during the absence of Sir Charles Hardy. On Mr. Delancey's death the government devolved on Doctor Golden, who immediately came out from his rural retreat in Ulster County, and at the age of seventy-three took up his residence at the province house in the fort, as president of the Council. It was the general wish that he would instantly fill up the vacant seat of the Chief Justice, the ministry having not long before trusted the dispensation of justice in other colonies to persons of such character as filled the multitude with uneasy apprehe.isions. Jersey had been mortified by the arrival, first of one Ainpley, who was raised to be Chief Justice from the low station of treasurer to a turnpike in the north of England, and when he died, by a successor sMll more contemptible, of the name of Jones, a Newgate soli- citor, who left his wife, lady Oliphant, in the arms of an adulterer, by whose interest he was promoted and sent out of his way.* * Ainsleywassaidto be recommended to the Earl of Halifax byLori Raven&fforth, and Jones by Lord Chief Justice Welles of the Common Pleas. . -^ 'WlK**. [Chap. VIL i into the island, :nor, being sur- istance, surren- leptember, and -York the latter congratulations tlishment which pray for, as an safety of all the wm,ji» ('■•■"f such character ly apprehensions, rrival, first of one f Justice from the te in the north of ccessor s*ill more , a Newgate soli- nt, in the arms of fas promoted and Earl of Halifax by horcL Welles of the Common 1760.] '^^^ Mr. Colden was sounded on the propriety of guarding against similar appointments, but delivered his answer in terms of ambiguity ; and while it was unknown that he meant to compliment the Earl of Halifax, then first lord of trade, with the nomination, and take that opportunity^ of showing his own zeal for the interest of the minister, an attempt was made to engage Mr. Morris to change his place in New- Jersey for the same station in this Colony. It was apprehended that Mr. Colden, who had heretofore given so much offence, might, to gain popu- larity, be persuaded to join in the recommendation ; but at the same time it was foreseen that neither Cham- bers nor Horsmanden would approve of any other person than themselves. Mr. Watts suggested to Governor Boone of New- Jersey, that his province was happy in Mr. Morris, and added a wish that he had the vacant seat in New- York. This was privately communicated to Gene- ral Prevost, who consulted the author on the subject, who spoke to Mr. Morris, and he consenting to the trial of our interest, we all met (Mr. Morris and Mr. Walton who was his friend) at General Provost's in Flatbush. The author was to engage his father's approbation, and Mr. Walton, flattering himself that he could procure the junction of Mr. Watts and Oliver Delancey, he made the attempt, and pressed it with the utmost earnestness, but was unable to prevail with either. The only fruit of it was expos- ing Watts to the resentment of Mr. Boone, by his denial of what the governor had alleged, and to the contempt of a few who were informed that he was brought to confess that he had forgotten what he said; and thus the president, unsolicited upon this delicate subject, prosecuted his own design of leaving the appointment to the plantation board. On the 22d October he made his first speech to the Assembly, and to win the Delanceys, who detest- ed him, he applauded the superior talents of his predecessor, and to recommend himself to General Amherst, passed encomiums upon the conquest of r" f ■*•' .i J w ' W • " '"•■..T'f ''^ 286 \ . : [Chap.ViI. Canada. He then demanded a support, and assured them of his concurrence in every measure conducive to the prosperity of the Colony, without even taking the ordinary condition of its consistency with his duty to the crown. Mr. William Livingston penned the address offer- ed in these triumphant moments of joy, and made the congratulatory echo louder than the first sound. Alluding to the reduction of Canada, the House, to pre-engage the retention of it at the peace, speaks of that event as replete with innumerable advantages to the nation in general, and exults in our deliverance « from the devastation of a cruel and barbarous enemy ; rather bent on the destruction of mankind, than waging war either for their own defence, or even from motives of ambition or conquest." Again, " no consideration (say they) shall induce us to regret the blood and treasure expended in facilitating this inestimable acquisition, save only (to which we are confident the wisdom and honor of the nation will ever disdain to submit) the surrender of this most important conquest, which, in possession ot the crown, must prove to Britain the source of immense riches; and ifretained by so perfidious a people, would expose us to the keen revenge of a defeated enemy ,who,unre» claimed by our example, and by our clemency uop softened, would doubtless relapse into their naUve barbarity, and retaliate our levity with more signal acts of inhumanity and bloodshed." The session was protracted with great concord to the 8th of November, when Mr. Colden assented to nineteen bills, without the least objection to that for an annual support, or the prolongation of the cur- rency paper bills; verifying an old remark, that the confidants of governors often advise measures which, when themselves are responsible, they will not pursue. By one of the acts he took a salary of 1800/. a year, with the ancient douceur of 400t for a garrison, consisting only of his own family. -i * There was nevertheless some incjuietude without doors. The merchants were chagrined at the inter. [Chap. VII. rt, and assured mre conducive ut even taking ency with his address ofier* joy, and made the first sound, the House, to peace, speaks ble advantages ur deliverance 3ind barbarous in of mankind, efence, or even " Again, " no e U8 to regret facilitating this » which we arc Ihe nation will ?r of this most m of the crown, nmense riches; e, would expose iemjr*who,unre* • clemency un^ to their native ith more signal reat concord to ten assented to ction to that for ion of the cur* emark, that the aeasures which, r will not pursue, lary of IBOO/. a L for a garrison, uietude without ned at the inter* .1761.] 28; diction of their commerce with the French and Spaniards of Monte Christi ; when, by the superior- ity of the naval strength of the nation, and the suc- cess of our privateers, the enemy were no longer able to jiavigate the West India seas. We drove a very lucrative trade with Hispaniola undrr letters of safip conduct, and afterwards without them at the post above mentioned. Nearly the whole produce of that valuable island came to the British Colonies in exchange for provisions and the innnutactures of the northern country, and passed lo Europe in Eng- lisli bottoms. Both the British and American mer- chants had grown opulent by this commerce in spite of all the calamities of the war, and the latter felt the check now given to their gains by orders issued at Mr. Secretary Pitt's instance, excited, as fame report- ed, by General Amherst with the utmost impatience. Mr. Colden nevertheless enjoyed a perfect calm. The enemies he had formerly made were not recov- ered from the terror inspired by the death of. the Lieutenant Governor, and having with their popu- larity lost their power, they felt no inclination to re- new their hostilities; nor were they yet without hopes from the timidity of his advanced age and the address of Mr. Watts, that he would voluntarily con- sent to be led. In a word, the weakness of both parties left him undisturbed, while the number of the candidates for the vacant seat upon the bench pro- duced condescensions friendly to his ease, and flat- tering to his pride. But this appearance of power having nothing to support it, lasted but . moment. Mr. Oliver Delan- cey having a seat :n Council, and the Lieutenant Gov- ernor's son James aiming at a place in the Assembly, and Mr. Jones the former Speaker being restless for his old chair, Mr. Colden took fright on the news of the death of the king, and unwillingly listened to the doctrine that the demise had wrought a dissolu- tion of the Assembly. After some hesitation he issu- ed the new writs,returnable on the 3d of March 1761 . 1 ■4> W I« ' « i W ' 288 [Chap. VII. Though there was a t'.hange but of seven members, the return of Messrs. Jones and Cornel for Queens County being set aside, yet from their fortunes, the Livingston party now added greatly to their strength. The speech (on the 10th, to which they had been prorogued by an irregular proclamation) laments the death of the king, applauds the virtues of his suc- cessor, and leaves it to the House to think of domes- tic provisions, till the instructions then expected enabled him to state the requisitions for the ensuing vear. The Assembly gave assurances of aid when want- ed, concurred in a loyal address to the new king, and adjourned to the 24th of that month; when having received Mr. Pitt's letter, the president demanded an aid of men equal to two-thirds of our levies on the last campaign. They voted seventeen hundred and eighty-seven men, and fifty-two thousand pounds to defray the expense of the pay and clothing, oi which the whole, except the sum of seven thousand pounds, was money given out of the parliamentary reimburse- ments for former exertions. The act for this purpose was passed on the 4th of April, and the House were dismissed to the 4th of May. Then there was a short session for a fortnight,in which Mr. Colden put a ne- gative upon two bills, to remove doubts arising re- Ipecting the transactions between the death of the late king and our notice of it here, and to compel to the appointment of the judges for the supreme court in future on the tenure of ^ood behavior. 1 he first was framed on the supposition that the laws enacted in autumn, by one of which he had his support and the proceedings of the supreme court wanted con- firmation, and the last was prompted by the general wish of the people, that the judges might be render- ed independent of the crown, and the vacancy in the chief seat be no longer left open to the danger of a succession in favor of such mean mnusterial hirelings as had been sent to New-Jersey. Mr. Colden was inflexibly set against both. He had indeed oftered the chief justice's place to the author's father immo- [Cliap. VIl. ven members, 1 for Queen's ' fortunes, the their strength. hey had been i) laments the ;s of his suc- ink of domes- tien expected )r the ensuing id when want- new king, and when having ;nt demanded r levies on the 1 hundred and and pounds to hing, of which usand pounds, ary reimburse- )r this purpose le House were ere was a short >lden put a ne- bts arising re- j death of the 1 to compel to supreme court ior. The first e laws enacted lis support and •t wanted con- by the general ight be render- vacancy in the he danger of a Bterial hirelings Ir. Golden was indeed offered r's father imme- 1761.} 289 diately upon the death of Mr. Delancey, upon the tenure of the king's bill, informing him at the same time as a secret, that he should not make that pro- posal to either of the puisne judges ; but after Mr. Smith refused, he took up the resolution to leave it open to the minister of the day, and to hold all the rest of the judges on the renewal of their commis- sions in a dependence upon the crown. He could not have pursued a measure more universally dis- gustful, nor have given a better handle to tlie disap- pointed expectants of the vacancy, or the numerous friends of the present judges who, with great reason, complained of his zeal to enforce an old instruction, which Mr. Clinton broke when he appointed Mr. Chambers to succeed Mr. Phillipse, and which Mr. Delancey had disregarded without censure when he constituted Mr. Jones to be the fourth judge on the bench.* While the bill relating to the judge's commission was depending, there was a meeting of both Houses, on intimation that he would give his assent, and to obviate if possible the objections he had urged in justification of the conduct he meant to pursue. Some were in favour of increasing the allowance be- yond the present mean stipends of 300/. to the chief justice; 200/. to the second judge; 150/, to the third, and 100/. to the fourth, and the constituting a perma- nent fund for their annual discharge. But others, disinclined to the augmentations, predicted that the vacancies would in mture be filled up by mean and ministerial dependants, and the bill by their division of sentiment was sent up, subject to the full force of Mr. Colden's exception. There were others who thought a fine opportunity was then lost for gaining an independent unbiassed bench, and these contradictions gave rise to mutual 1 * I have seen Mr. Clinton's apology to the Duke of Newcastle, and the ' Earl of Holderness's answer, declariog the king's approbation of the com- mission to Mr. Chambers on the same tenure with Mr. Delancev, and that to Mr. Phillipse the predecessor of Mr. Chambers. 37 -»mn» 29() - [Chap.Vll. reproaches, with which Mr. Colden was not a little diverted ; and a confidant of his said, " Neither party had any thing to boast of, because he had predeter- mined to object to their augmentations as inadequate to the dignity of the officers, and thus elflde their importunity, even if both Houses had concurred in doubling the salaries. The judges at first appeared to. differ from tne opinion of the bar as to the effect of the late demise of the crown upon their commissions. But their fears rising on the approach of the term, they applied in form for a renewal of them on the old tenure. Their request was instantly refused by Mr. Colden, who advised them to sit upon their old commissions, and the royal proclamation dated at SaviUe House. Upon mentioning their doubts, whether that procla- mation was issued under the great seal, he let out his own secret. "Yours (says he) are as good as mine, and you'll stand on the same foundation. They replied very pertinently, "You may run risks and be justified by necessity; you can remove our doubts without incurring blame, and it will be expected that you do all the good in your power." The judges sat to prevent a discontinuance of process, andm hourty expectation of being relieved by the arrival of Mr. Pratt, a Boston lawyer, who had obtained a manda- mus for the seat of Chief Justice by the interest oi Mr. Pownall, to whom he had been useful when Gov- ernor of the Massachusetts Bay. But if he lost favor on one side of the water, he increased it by stratagem on the other: the king promoted him to the rank of Lieutenant Governor. Under a dread of the clamors of the multitude, he wrote to his superiors, declaring his apprehensions that he should be compelled to give way to the proposition, and thus lay the foundation for a positive command against any future compliances. His let- ters became the subject of a report from the Board of Trade to the king on that question, m which their Lordships observe : mmfttMb4-rv^, >**u)».4< [Chap.Vn. vas not a little Neither party had predeter- i as inadequate us elflde their i concurred in liffer from the the late demise ms. But their m, they applied he old tenure, by Mr. Golden, id commissions, ; Saville House, ler that procla- leal, he let out are as good as ae foundation." kay run risks and nove our doubts je rxpected that The judges sat }S, and in hourly 5 arrival of Mr. tained a manda- the interest of iseful when Gov- of the water, he other: the king tenant Governor, he multitude, he is apprehensions rive way to the tion for a positive iances. His let- t from the Board )n, in which their 17G].] 291 That the people of New-York could not plead the example of the mother country, because, say they, the change which the tenure of the judges' commis- sions underwent at the revolution in this kingdom, was founded upon the most conclusive and repeated proofs of arbitrary and illegal interposition under the influence of the crown, upon poiuts of the great- est importance to the constitution, and the liberty and rights of the subject. It was not however by the tenure of their commissions alone that they were rendered independent, but such salaries were settled on them as not only rendered them less liable to be corrupted, but was an encouragement for the ablest men in that profession, which qualified them for such high trusts. *' The same circumstance does in no degree exist in the American Colonies, whereas, there is no certain established allowance that may encourage men of learning and ability to undertake such offices ; your Majesty's Governors are frequently obliged to ap- point such as offer among the inhabitants, however unqualified to sustain the character; and though a more fit person should afterwards be found, yet if the commission was during good behavior, such un- qualified person could not be displaced.'''^ They add, " We are sorry to say that late years have produc- ed but too many examples of governors having been obliged, for want of such establishment as might induce able persons to offer their services, to confer the office on those who have accepted it merely witli a view to make it subservient to their own private interests, and who, added to their ignorance of the law, have too frequently become the partisans of a factious Assembly, upon whom they had been de- pendants, for their support, and who have withheld or enlarged that support according as the conduct of the judges was more or less favorable to their inter- ests. It is difficult to conceive a state of govern- ment more dangerous to the rights and liberties of the subject : but aggravated as the evil would be by J •2[)-l fchap. \ ir. f^ making the judges" commissions during good be- havior, without rendering them at the same time independent of the factious will and caprice of an Assembly, we cannot but consider the proposition as subversive of all true policy, destructive to the in- terests of your Majesty's subjects, and tending to lessen that just dependence which the colonies ought to have upon the mother country." Their Lordships take notice of a report of the Attorney and Solicitor General on a similar law in Jamaica, and of their own board on another passed in Pennsylvania, quote Mr. Colden's letters as con- sonant with their sentiments, declare, if he has yield- id his consent, he deserves the royal displeasure, and advise a general instruction prohibiting in all the royal provinces, commissions during good behavior. But the Lieutenant Governor's letters were secrets when the Assembly met him again on the 2d Sep- tember, and gratified his requisition for a continu- ance of pay with provisions to one hundred and seventy-three men for the defence of Orange and Ulster against the incursions of the savages, or he would have had more serious proofs of their disgust, already excited by the rejection of the late favorite bills, which were both immediately renewed, and in a few days after sent up to the Council. He had nev- ertheless some intimations of their discontent b^ a bill on Mr. Cruger's motion to interdict stage playmg, by a set of strolling comedians whom he had permit- ted to set up a theatre, and by his expression of confi- dence in the abilities and patriotism of General Monckton, who was then in hourly expectation of the arrival of his elevation to the chief command of the Colony. It has been already observed that Mr. Jones, though a judge of the supreme court, had appeared as a candidate with Mr. Cornel for a seat in the As- sembly. They both lost their aims. The sheritTs first return was set aside for irregularity, and at a new election the second was controverted on a scrutiny [Chap. \II ring good be- lie same timyhich left a majority against Mr. Jones.* The elec- tions of Mr. Holland for the county of Richmond, and Mr. Schcrmerhorn for the town of Sc:licnectady, were also disputed beJbrc the House ; and it may be of use to slate some of thr points resolved by the As- sembly in the exercise of their judicial authority, respecting the qualilication of their own members. 1. That the nainsM ol voting i'lft;tors imI n turned on the poll tists, shaU be rerjeived and counted. 2. 1 hat the possession of th« remainder, gained on the d^alii of a tenant for life but twenty-two days before the lest of the writ of summons, though the es- tate might have been devised thirty years before, gives a right to vote. 3. That the acquisition of a freehold within three months before the test, suffices, if it was not fraudu- lently obtained. 4. That an actual possession within three months IS not necessary ; and, 5. That a man deaf and dumb from his nativity has no vote. Shortly before the term of October, and when Mr. Pratt was not yet arrived. Mr. Colden, pushed by the dread of the discontinuance of all process, and the clamors it would naturally excite, resolved to bring the judges to the test; declaring in Council that unless they would take new commissions during pleasure, he would find others for their places. To the sur- prise of the board and of the whole colony, two of them consented, but only pro hac vice, to save the term in the absence of Mr. Pratt. But Mr. Jones, who resided in the country, learning by the way that this humility was imputed to meanness, turned back and absented himself the whole term, giving out that he woiild not accept a commission upon so base and precarious a tenure. No distress could exceed Mr. Chambers's the instant he discovered the public dis- approbation of his conduct, and that his new commis- * But this decision was suspended till the close of the year, when Mr. Zebulon Seaman and Mr. Cornel took their seats as the members for Queen's County pursuant to the election in April preceding. 094 [Chap.VU. «'.on was thought to leave him as much embarrassed arbrfoe »^r.Coldcn'B authority to give the last under Sr Charles Hardy's commission Beuig consid- cred aB bvS from the end of six rnonths after the V^TLih. Mr. Chief Justice Moms sta ed tb^s eiception to him in term time, and it filled him with LchWror that he implored the Attorney-Ge^^^^^^^^^ hrinff no criminal cause before them, and to rejeci Sns in f"m for that purpose, ^^e f m w^sno Sooner ended, than Mr. Pratt arrived Mr. Chamb^« ♦h^n offered h s first commission to Mr. MoncKion, i^ho aUhat tiL declined any agency in the civil de- ** mef Mr. Colden and his Assembly parted on the ilUi Sep ember, he had no inlluence upon either of !he ereat partie^ into which the colony ^ as divided. The^eves of all men were turned to General Monck- ten fo7it was not certainly known that he was destin- iTto the command of th'e troops which had been several months collected on Staten Island on a secret i^xoedition to the West Indies. , &e resided chiefly at that camp, where, agreeably io Mr Secretary Pitt's letter, he performed the cere- Ironies for investing Mr. Amherst with the insignia TS^t KniZ of the Bath, until the arrival of his fommisKn the Aldde ship of war on the 19th of ^Colden soon learnt what Mr.Monckton wasat a loss ♦n discover, that it was not accompanied as usual t^ith aSook of instructions, and it had been hinted llv the Lieutenant Governor to a third person, that ll tugrJhe want of it an objection to the Gen^^^ rnl's entering upon the command. Ot this, Mr. Monit ten was no apprised till just before the day appoint- Id fir it" pubUcation, and after Mr. Colden's orders tJe outfor arraying the miUtia as usual on such rccasions it became him to examine into the weight «f ^hrexception so unseasonably started, and which he a^pSded the I-"ten-t Governor would ue every argument to induce the Council to j'^ten to and Approve, when he offered himself for the oath.. "♦pp*** [Chap. Vll I embarrassed give the last being consid- )nth8 after the [•ris stated this lUed him with ley-General to and to reject e term was no Mr. Chambers Mr. Monckton, in the civil dc- r parted on the upon either of y was divided, eneral Monck- ; he was destin- lich had been and on a secret liere, agreeably rmed the cere- ith the insignia B arrival of his r on the 19th of tonwasataloSvS anied as usual lad been hinted ird person, that on to the Gene- this, Mr. Monk- he day appoint- Colden's orders i usual on such into the weight irted, and which ernor would use icil to listen to If for the oath?. i7t)l.] liy^ The author was consuUcd the preceding evening by Mr. Boone, (who had presided as Governor in Jersey, a place which he now left |o Josiah Hardy, Esq. a brother to Sir Charles, being himself pro- moted to South Carolina,) and delivered his opi- nion in writing, which was in substance, that the commission conveyed the authority and the law gave the rule according to which it was to be exer- cised; that the Council, having been appointed by the privy signet and sign manual of the late king, and continued in office by his present Majesty^s proclamation, wanted no new appointment to enable them to administer the oaths ; a id that therefore the government under General Monckton could be or- ganised without any book of instructions. When Mr. Monckton had produced his commis- sion to the Council on the 26th October, and it was read, the Lieutenant Governor asked for the instruc- tions to enable the board to proceed. The other replied that he had none, and hoped never to have any, that he might be at liberty to copy after the example of his royal master. Not a member of the board stood by the Lieutenant Governor, and the oaths being administered, there was a proceision and a republication of it as usual at the town hall. The militia being drawn up, and an immense multi- tude expressing their joy in loud and repeated accla- mations. Mr. Colden's opinion, which soon took air, had no influence on the people. Addresses and congratula- tions were presented from all public bodies, without naming the Lieutenant Governor. It being then full term, he had one from the judges and the bar, and another from the grand jury, which it seems gave no small offence to Mr. Colden, merely for hinting that the public security was enhanced by the high birth and opulence of the ndw governor. It would be unfair not to add that the profession of the law gave this Governor a public entertainment, in return for a very genteel one at his expense to all the gentlemen of the capital, and Btill more so ta mjii [Chap. VII. conceal some private anecdotes. Anecdotes rela- tive to Mr. Monckton's request for securing the moie- ty of the salary and perquisites of the government .hat might accrue on the expedition to Martinique, which he was appointed to command. It was Governor Boone who in his name requested the author to frame some instrument for the pur pose. He informed him that the general had resolv- ed to give his own share to Mr. Golden, but altered his mind, after his project for exposing him to the Bcoff of the public, by excepting to the publication of his commission. That he had already written to him, asserting his claim to a moiety, adding, that he should not sail before it was secured ; that he had received no other than a general promise to comply with the king's instructions whenever they arrived. That Mr. Monckion was resolved to waste no time in a captious correspondence, and had now resolved to offer him a draft, and if he refused to execute it without reasons, to suspend him without ceremony. The author devised a bond for the payment of a moiety of the salary, perer extent, while isupportable to the House was >us to his humor, lie speech, ira by a call for lis answer to the i761.J 299 J address of tiie council, by quolirig the 32nd in- struction to Sir Charles Hardy, recommending speed in the administration of justice, which being as old as the revolution, and known to bo common to all the provinces under the immediate government of the crown, gave rise to some ridicule. The Assembly therefore resolved not to teaze him at the expense of their own dignity, and contented themselves with ob- serving that they would not permit the colony to suffer by Mr. Monckton's absence, but that its inter- ests would be advanced by his concurrence in seve- ral bills preparing for the defence and security of the liberties and properties of the subject. They agree in the expediency of dispensing justice with despatch ; but that he might feel the sting of tlie com- mon censure upon the high fees taken for patents, in which he was doubly interested as Governor and joint surveyor-general with his son, they add* — " As the complaints your honor mentions probably arise from the want of a legalt establishment of fees, we cannot help thinking a general establishment of the fees of all the officers of the government will put a stop to these, as well as to several other complaints of the like nature."' Ai the close, they promise " all attention to the internal welfare of the colony ; with confidence that nothing tending to that end can be thought by any who have the honor of serving his Majesty, inconsistent with their duty." The answer shows a spirit ready for a battle, and was supposed to have been penned by Mr. Pratt — " You may assure yourselves of my concurrence in every thing for the benefit of the country, of which each of the branches of the legislature have an equal right to judge. Methods may be proposed, however, * The Governor took £l2 10s. for every thousand acres, and t!ie survey- or-general five pound more per thousand. f All fees had for a long time been regulated by ordinances of the Gov- ernor and Council, every one of which had expired. Many attempts had been wade to establish fees by a law, but lost by the parsimony of the Assembly. The act in INlr. Van Dam's time was repealed by the kins'. i ;{0() > [Chap. VJI. for obtaining a real bcnelit inconsistent with the English constitution, or, under the pretence of a benefit, a small dependent State may attempt to set bounds to, and restrain the rights and prerogatives oi the king of Great Britain. In these cases, though the benefit be real, the method proposed for procur- ing it. may be inconsistent with the duty of every offi- cer who has the honor to serve the crown, especially if the same benefit ma^ be more effectually obtained by the methods to which no exceptions lie." It was easy to dis over that the Lieutenant Gov- ernor foresaw the renewal of the old bill for confirm- ing the acts and judicial proceedings of the last fall, and that which was still more obnoxious to him re- specting the tenure of the judges' commissions. While these were on the anvil, he sent a message, insisting on an allowance to Mr. Pratt, beyond what had been usual ever since the establishment of the salary of a Chief Justice in 1715. The Assembly, nevertheless, resolved, " As the salaries usually al- lowed for the judges had been, and still appear to be sufficient to engage gentlemen of the first figure, both as to capacity and fortune in the colony to ac- cept of these offices, it would be highly improper to augment the salary of the Chief Justice on this oc- casion." While the bill respecting the tenure of these com- missions lay with the Council, the lower house with- held that- for the support. Both branches had the same object in view; but the upper house were apprehensive that if they passed the former, Colden would make it a pretext for justifying his appoint- ment of Mr. Pratt upon the new tenure, and leave the other judges in their present condition. Ihe next device therefore was to tack a condition to the salaries, as the support bill, rendering them payable only on their holding by the safe tenure above men- tioned—they proceeded upon a presumption that he would on that account reject the bill, though it gave £2200 to himself They were most egregiously mistaken; for on waiting only for the receipts ol a ^ * » .. «.j i iMitm.ft^.--« ii g l |iW^ i ^ .j ij i i pm iii tj "W"""P ■»i» -i -^ jChap. VJI. »nt with the retence of a ttempt to set 'crogatives of cases, tliough 'd for piocur- of every offi- ni, especially ally obtained lie." utenant Gov- illforconfirm- )fthe last fall, 1119 to him re- commissions. it a message, beyond what hment of the he Assembly, lea usually al- ill appear to lie first figure, colony to ac- Y improper to :e on this oc- of these corn- er house with- iches had the : house were jrmer, Colden g his appoint- re, and leave nditlon. The ndition to the them payable •e above men- sumption that bill, though it )8t egregiously receipts of a 1761.] JO I joint address to the King on his nuptials, he visited the Council, and meanly implored their assent to that bill, and to screen them from blame, consented to an entry, that thoy concurred at his instance. The Assembly now in their turn became humble suppli- cants to the Council, that the other bill might not pass that House, lest ihe Lieutenant Governor should gain a complete victory ; and from the com- mon antipathy to Mr. Pratt, they obtained this boon, and thus all parties were disgusted. The bill to settle scruples occasioned by the demise of the crown, sunk also, as connected with that respecting the commissions, and after this third defeat, they were heard of no more. At the passing of the acts on the 31st of December, the session would have ended, and the partition bill would have been lost, if it had not been suggested to the Lieutenant Governor the propriety of some apology lor not assenting to that necessary law. It was a fortunate thought, for he hastily declared that if the House would adjourn for four days, and free that bill from some objections, it should have hisr consent. The author's father, who knew its im- portance, procured a note of the articles excepted to, and endeavored to obviate his objections by such alterations, though not injurious to the main scope of the bill. These were produced to the Council at a meeting on the 3d of January, the day before that to which the House was adjourned, and sent to the Lieutenant Governor for his perusal. To some he yielded, in others they made concessions to please him. Both Houses came together when the altercations with the Governor were carried on for four days, and with reluctance at last he consented to a new engrossment, and having passed the act, he pro- rogued the Assembly. The i)rojector of that part of this law respecting the partition of lands, being called to watch the Lieutenant Governor's various exceptions to it, was a witness to the singular irregularities above related, r 30-2 [Chap.VH. though no notice is taken of them in the journals of the House, for, according to their form, there should have been a prorogation, and a new bill with three readings in each House. If the Lieutenant Governor had been gratifaed, there would have been no balloting for the lots till all objections to the proceedings had been heard and determined by the supreme court, nor any out lines run to ascertain the tract without the surveyor- general's approbation. The Council and Assernbly would agree to neither of these alterations. The first exposed to tedious delay and enormous expense, and the last subjected the proprietors of undivided lands to the arbitrary caprice of an officer, and open- ed a door to corruption. The contrariety of senti- ments upon this point gave rise to the double hnes for the contents of the tract, and the distinction between the parts disputed and indisputed, more particularly mentioned in that useful act, which has greatly contributed to the cultivation and settlement of the colony, and enhances the estates of thousands who before estimated them as of little or no value. It has been already observed, that the Lieutenant Governor assented to it unwillingly, it is upon the information of a member who having, after much conversation on that subject with but little hope ot success, dropped these words at parting: "And is there then nothing. Sir, which you are willing to do for the country ?" Struck with this spirited reproof, he replied, " Well, copy your bill as it is altered, and I'll come up and pass it."* ,« n *. The judges being all unprovided for, Mr. Fratt, whose narrow circumstances made immediate sup- plies necessary, despaired of all relief, unless his patron could procure it by dint of interest at home out of the quit-rent fund, and waited only the mend- ing of the roads to return to his native country. * Robert R. LivingBton was the chief manager in the irregular messa- ges relating to these amendments. Mi. i jiit i jwipijiJ ii iiu i j.jjatiijJWiw.j i 1 ■-'^■~ — • — ■" i; g gti "' [Chap. VH. the journals oi' I, there should bill with three jeen gratified, T for the lots ad been heard t, nor any out , the surveyor- and Assembly i^rations. The ■mouB expense, s of undivided icer, and open- riety of senti- B double lines the distinction lisputed, more act, which has and settlement ;8 of thousands or no value, the Lieutenant It is upon the ug, after much t little hope of •ting : " And is •e willing to do pirited reproof, ; is altered, and for, Mr. Pratt, immediate sup- lief, unless his iterest at home only the mend- native country. the irregular messa- - ■^ .JIJ i ii i Ili um I I «H i»«»ij»p^— He suffered from Mr. Colden's patronage, and no- thing so much contributed to the general odium against the Chief Justice and his patron, as Mr. Har- dy's adventurous generosity in Jersey, who by his renewing the judge's commissions during good be- havior, taught this colony to believe that it was choice and some sinister motive, and not a dread of administration that prompted Mr. Coldeii to stickle for a dispensation of justice under the control of the crown. It was therefore with a malignant pleasure that the public soon after the session discovered Mr. Colden's late promotion to the rank of Lieutenant Governor was not the reward of merit, but the effort, of low craft and condescension. To gain an interest with Mr. John Pownall, a clerk to the Board of Trade, who had the ear of the Earl of Halifax, and to raise the idea of his being able to influence the Assembly, he offered him the agency of the colony ; a bait to which the minister could not be indifferent. Pownall's good sense and experience taught him to believe that a donation so imprudently liberal would soon be recalled, and sagaciously declining it, proposed that the representation of the Assembly should rather be trusted to his friend Mr. Burke. He requested this of Mr. Golden, who soon after received the reward of his art in the commission to be Lieutenant Governor. It now required some ad- dress to conceal from Pownall that want of influence, without r.luch his friend could not succeed. Having attained his own end, he intimated that there would be difficulties to bring in a person so little known to the prejudice of Mr. Charles, on whose account some were moved with compassion. Pownall saw himself entrapped, and that he had not only missed his aim, but was exposed to the resentment of the old agent. With professions that he meant not to interfere to his prejudice, he revealed to Mr. Charles all that had passed, and gave him copies of the letters which "W-ygi ' v J m Hi :| ' ,JjU ^ "Si-». Mi [Chap.VIf. were now Iransmitted to tlie committee of Assembly, who had for some time managed the correspondence with tlie agent on so serious a subject. The reader ought to see the proofs, which I insert with the an- swer from the committee.* * CHARLES TO THE COMMITTEE. Golden Square, London, 1 9th Mvember, 1 70 1 . It may not be improper in me to acquair the General Assembly that Mr. PowD^ll having desired an interview with me ;o communicate some letters that had passed between him and Mr. Colden, did inform me on the 12th inst. that the Lieutenant Governor had some time before signified to him, that the agency of the colony would become vacant, and had made an offer of it to him, which he said he had refused as incompatible with his pre- sent station, but that he had thereupon recommended a Mr. Burke for the employment. He then went on to tell me how much he was surprised to find by a late letter from Mr. Colden, that this was to. be effected to my prejudice, which he said he never meant, and was far from wishmg ; for that he had no otherwise recommended Mr. Burke than upon the sugges- tions of Mr. Colden, that there would be a vacancv, and then read to me the Lieutenant Governor's letter of the 12th of August, and afterwards sent me copies from which the enclosed ones are faithfully transcribed. 1 suppress my own reflections on this matter, and will only take leave to assure the House, &c> COLDEN TO POWNALL. Mw-York, Augwt iWt, 1760. ^ ' When I wrote to you on the 16lh May, I had not so far recovered from a dangerous illness that seiiscd me in April, as to be able to converse freely with the members of Assembly in their last session, as I proposed to hayu done in relation to the agency for Mr. Burke. Since that Ume the Speak- er and principal members have been in the country. I have called the Assembly to meet the first of next month. At that time I shall use my utmost endeavor to serve Mr. Burke, for I have it sincerely at hrart, whether I continue in the administration or not. The principal objection is that he is not known to any person in this place, which I can «« "tne^- wise remove than by your recommendation of him, which I hope will liave great weight. Some likewise are moved with compassion for Mr. Charles who they imagine will be under difficulties if the agency be taken On the 17th July I received the honor of his Majesty's commission, appointing me Lieutenant Governor. I think myself extremely obliged to your broiher and to you on this occasion, as 1 make uo doubt but biB and your good offices with my Lord Halifax have contributed much to it. General Monckton's commission to be Governc ,.j hief ol this pro- vince is expected with Governor Hardy, who I atv. *M was to set out in ihe heginnins of July last. It is probable, therefore, that the duration of ■ " '> i .«! 'i y i ijij ! i ^4 i !|Mi^ i iuafcAi#i i iu- ' itgiij^->*L!w i .iW '' [Chap. Vlf. ; of Assembly, )rrespondence The reader t with the an- TEE. ( JVw«n6er, 1701. il Assembly that Mr. lunicate aome letters form me od the 12th fore signified to him, nd had made an offer [)atible with his pre- a Mr. Burke for the [) he was surprised to to. be effected to my ar from wishing ; for an upon the sugges- and then read to me igust, and afterwards fully transcribed. I ill only take leave to u ' j P» .i ' l i W|| pi ,< w g |i! H i «ii J > i |ii Augwt nth, 176G. lo far recovered from ble to converse freely as I proposed to havo I that time the Speak- '. I have called the time I shall use my it sincerely at heart, he principal abjection which I can no other- I, which I hope will b compassion for Mr. f the agency be taken Majesty's commisBion, elf extremely obliged tiake uo doubt but his ntributed much to it. ' „i - hief ol this pro- *old was to set out in 0, that the duration o:' 1762.] m iii' . ii II Wi lli m ji n iiin»i n ii u ii , i n. I' 306 1 The royal requisitions for the operations in the West fndies brought Mr. Golden and his Assembly together again in March. my. administration will he very short. This, however, does not lessen the obligation I am under to my friends. My appointment does me great honor as a mark at least of his Majesty's approbation, and of my Lord Halifax's favor. In whatever situation I may be, it will give me the highest pleasure to serve you in any shape, and 1 beg of you to lay your commands upon me, which I shall esteem as an honor to your most obedient servant, CADVVALLADER COLDEN. POWNALL TO COLDEN. Sir, London, February 9th, 1761. When 1 took the liberty to request your interest in favor of Mr. Burke to be agent for New- York, I asked it only incase of a vacancy, which you in your letter to me supposed would happen ; but it was very far from mjr intention to request any favor for him to the prejudice of Mr. Charles the present agent, whom I really believe to be much better qualified to serve the province in that character than any other man, and therefore for his sake as well as for the public, I shall be extremely sorry if any misappre- hension of my request to you should be of disservice to him. I am. Sir, &c. JOHN POWNALL. THE COMMITTEE TO CHARLES— Extract. Mr. Colden has never recommended to the House or to any of its mem- bers that we know of, either Mr. Pownall or Mr. Burke. He has indeed proposed to a few members the appointment of another agent, and desired that the House would join him in appointing a new one. This when men- tioned, was laughed at, and treated with the contempt it mrrited. The General Assembly wiil not suffer any Governor to nominate or recommend an agent for them, and it was great presumption in Mr. Colden to mention any thing on that head. Wc are very certaii that Mr. Colden, when he effere^ the agency to Mr. Pownall, must havo known that it was not in bis power to get any person appointed by his influence or recommendation. The motives that moved him therefore to make that offer, could only be to get Mr. Pownall's interest with Lord Halifax to procure a Lieutenant Governor's commission. This is evident from his letter of the 13th of August, of which you sent us a copy. It thereby appears that he had re- ceived thu commission, and that he was contriving excuses immediately to gel quit of his promise. Mr. Colden has probably taken great merit to hiTise'.f with his Majesty's ministers in regard to the forwardness a«d zeal s!:own by the General Assembly for his Majesty's service in raising force!), itc. If he has, it is unjust ; for we can with truth affirm, that it was not on account of any interest or influence he had with the Assembly, or the people of this colony, that they have come into the measures pro- posed by bis Majesty's ministers, but their zaal for the public service on! v. 39 I I 306 tChap. Vll. Though the aid demanded was nearly equal to their contributior^ before the conriuest ot Canada, their contempt of the Lieutenant Governor extreme^ and thoucrli the public debt exceeded i-.M)0,000, and ^ve we^ a,mualfy assessed a £ 10,000 tax to discharge it vet the Assembly did not hesitate in promising to gybeyondwhat might justly be expected, rather than suffer the least shadow of an imputation to be laid on their zeal for the king's service. It was however a question of great moment wheth- er they ought to set the precedent ol levyn.g t79 men as required, to complete the king's regular re~ Timens; and to prevent it, they gave their aid in fhe form of a loa.!, " to be repaid when h.« Majes y in parliament shall think proper.'' After a few days the aid for this purpose and another to levy, pay and clothe 1787 men on the continent, with a few others of smaller moment were passed, and the House was ^tef Mr. tbe^"^^^^^^^^ -Ho devisecl this expedient of a loan, the credit of that contribution would have been lost, for the House were extremely Te'rus of raising money to recruit so diers for the iunding army oT the nation, especia ly as forts re- au ingirge garrisons were constructing m the mte- Sr country, Ind apprehended to be now ""necessa- ry unless the miiSter's design was to curb the colonicD, and artfully to bring us to bear a part of the expe se They yielded with reluctance out of re- ^ard o the exigency of the day, the mother country Eg drained for the German supplies, and because thov were not o.dy desirous to give success to a con- nuelt of Louisiana and the Mississippi settlements 2ut to prevent suspicions inauspicious to their wish thatCaLla at the end of the war might be retained by GreaTBritain. These considerations led them to an entry of their vote as unanimously earned, though many were at heart opposed to it. Mr. Livingston Xerved to them, that if the money was unpaid no more could be asked, and if returned, it would be Sssed to be a loan; and in aid of his design, ,t H , M , "i i i ' m»im 'ii.iw'»rf!iti m > mijimm3H''jifM'.i:-^" ' [Chap. VII. arly equal to it of Canada, trnor extreme, £:J00,()00, aiul Lx to discharge 1 promising to )ected, rather pntation to be ■•• V noment wheth- )f levying t79 /h regular re- ve their aid in en his Majesty rter a few days > levy, pay and th a few others the House was ho devised this lat contribution were extremely ioldiers for the illy as forts re- ting in the inte- iiow unnecessa- as to curb the ear a part of the tance out of re- mother country es, and because uccess to a con- ippi settlements, >us to their wish light be retained [ions led them to r carried, though Mr. Livingston r was unpaid, no led, it would be of his design, it 1762.] 307 was suggested at a meeting of the Speaker and seve- ral other members, that it would be proper to recite in the preamble of the bill, their views of the neces- sity of this unusual contribution for our own immedi- ate safety. The administration of public justice now called loudly for more than ordinary attention. Mr. Cham- bers had made a solemn resignation of his place in November, and just before January term, Mr. Hors- mariden had sent his commission enclosed in a letter, which (as Mr. Colden was in distress by the last ill- ness of his lady) he authorized Mr. Banyer to deliver when most consistent with decorum. Mr. Jones had never yet taken up the commission issued pro hac vice, and left for him on the court table. Mr. Pratt was therefore alone in January term, and receiving nothing, declared his intention to leave the province for Boston. With an apprehension of a total discontinuance of all process in the term of April, Colden on the 24th of March, demanded a categorical answer from Horsmanden in full council, to the question, whether he would serve or not. He replied, his commission was already resigned, and that he would never sit under it.* The Governor asked, whether he would accept a new one during pleasure ; adding, that if he refused, the public distress should be represented to the king's ministers. The other desired time to con- sider, and two hours after consented to take the place of ^eco/ic/ justice, with a declaration that no services were to be expected from him on the annual river circuit. A letter was the same day sent to Jones for his final resolution, and he too submitted to resign the credit he had acquired by the contempt he had put upon the pro hac vice commission as before related, and again when being impatient of a total degradation on the decision of the Assembly ,t giving the seat he * December 9th 1761. t Mr. Baoyer offered the letter enclosing it, but the Jjieutenant Gov- ernor trithout breaking the seals ordered it to be returned. He boasted of it as an act of generosity, considering the provocations Mr. Horsman- den had given him during the party feuds in Mr. Clinton's administraUoq. I > nriitini nil mmmmmmmmm -jy„ [Chap. vir. cxpetttHl to Mr. Seaiuuu; lie had resolved to have gone to the bench under his first commission trom the late king and the Saville House Proclamation, till he was told after coming to town, that the last commission had revoked the first, and that Me must act under that or not at all. Mr. Jones's answer was required, but he withheld it till two days after Mr, Horsmanden had bound himself to serve. The war against Spain was proclaimed here on the :Jd of April. The council met at the fort, and the militia were arrayed. The proclamation was read bv Mr. Banyer at the door, and tollowed by three cheers. The grenadiers, led by Lord Stirling, then advanced to the town-hall. The constables followed after them; the under shenirs high she r- iff, and town clerk, the common counci«, aldermen, recorder and mayor, then the council, ihe Lieutenant Governor, and last of all, the gentlemen of the town. When the proclamation had been again read at the hall, they returned to the fort, and after sometime the ""^Tdd^'iot be omitted that a short convention of the Assembly took placo in May, and that they passed a bill which origina.ed in the Lower House. Ld sent it up to the Council on the f/h-^'«« P;««ef bv the Governor the next day : and that another bill, which the council received on the 20th, haxl the Governor's assent on the 22d; the tormer bc-ing an act for raising money by a lottery to buiUl a new jail in the metropolis, and the other to punish tres- La ses injurious to the light-house of Sandy Hook which to the shame of the colony was now first ^^Mn Colden's second administration was then draw- i„g to a close; for General Monckton, having succeed- ed in the conquest of Martinique, returned to his gov- ernment on the 12th day of June, and began with a splendor and magnificence equal to his b«rth, and expected from that liberality and generosity for which be has ever been so highly distinguished. FINIS, ■ i >j>jM|iBI!H ii !!t^ ..jwlt'J i . [Chap. Vir. ■lolved to have •minisHion from Proclamation, , that the la»l id that he must js's answer was days after Mr. Tve. filmed here on it the fort, and »clamation was n\ followed by Y Lord Stirling, rhe constables I'HU. high sher- incil aldermen. , ihe Lieutenant len of the town, fain read at the er sometime the hort convention and that they ; Lower House, th — was passed liat another bill, 20th, had the former being an to build a new r to punish tres- )f Sandy Hook. r was now first 1 was then draw- having succeed - limed to his gov- nd began with a his birth, and erosity for which lished. ■. f^