Conservation Resources Lig-Free® Type I Ph 8.5, Buffered F 122 .R28 Cofoy 1 X. REASONS IN SUPPORT OF TRIENNIAL ELECTIONS IN THE PROVINCE OF NEW YORK; WITH THF KING'S VETO ON THE TRIENNIAL ACT. 1738. •,* Previous to the year 1743 there was no limit prescribed by Statute to the continuance in office of Members of Assembly in the Province of New York. It was held to belong to the Royal Prerogative to dissolve the Legislature and to order a new election. Tlie consequence was, that the existence of the Assembly generally dci^euded on its subserviency to the local Governor and a new appeal to the People was made, for the most part, only when the popular branch quarj-elled with the Executive. Sometimes only a few months intervened between general elections; sometimes a year, but usually a general election came about biennially, until the administration of Gov. Hunter, when the Assemblj^ elected in 1716 con- tinued its functions until 1726 — a period of ten years and two months. The elec- tions for representatives after this happened, from divers disturbing causes, to be annual until Gov. Cosby's administration, when the Assemb'.^ again assumed a protracted existence of nine years, vizt: from 1728 to 1737. The leaders in the popular branch seeing this tendency to abuse, by the removal of the representa- tives from all responsibility to their constituents, determined to remedy the evil, and passed a bill in the session of 1784, declaring that no Assembly should con- tinue more than Three Years. The Council, however, did not act upon it, and when the Legislature again met in October of the same year, the Assembly sent to enquire what had been done with their Bill of the spring. It was, thereupon, ■ taken up and amended by the Council, but as the Assembly refused to concur in these amendments, it was lost, for the Council refused to recede from their posi- tion. The Assembly, now (Nov. 28), sent an address to the Governor request- ing that they may be dissolved, to which Cosby replied, that as it was a part of the prerogative to convene and dissolve them at pleasure, he was determined to act in the premises as he thought proper, and not as they desired, and in this state of things the session was prorogued. , Shortly after the meeting of the Le- gislature in the following year, a petition was presented (Nov. 4, 1735) to the House from the citizens of New York, complaining of the long continuance of the same set of representatives, and praying a dissolution. This petition was sent to Gov. Cosby, who again refused compliance, and he died, in March, 1730, "almost universally detested," says Smith. In April, 1737, the Triennial Bill was again introduced, but it did not reach a third reading, as the House was dis- solved, to the great gratification of the people, on the 3d May, 1737, after its nine years' existence. One of the first measures introduced in the new House (June 16) , was the Bill for the frequent election of Representatives. It was soon passed, together with an address to Lt. Gov. Clarke (to be found at length on the Jour- nals), urging on him by strong and unanswerable arguments, the necessity of such a reform. His Honor returned a fovorable answer, and in compliance, as it were, with his disposition, the Council concurred, and the Bill received the Lieutenant Governor's sanction on the 16th Dee. 1737. Before the Assembly adjourned, they requested Clarke to u.se his utmost endeavors to obtain his Majesty's assent to the Bill. It was sent to England early in the following year, when the Lieu- tenant Governor strongly recommended it to the favor of the King's Ministers. Some of the arguments in favor of the measure and its ultimate fate, are recorded in the follawing Documents. Ed. TRIENNIAL ELECTIONS, 1738. Memorandum 6f some Grounds and Reasons to hope that his Majesty wiU be graciously pleased to grant his Royal Assent to the Act for ffrequent Election of Representatives lately passed in the General Assembly of the Colony of New York. That happy Union that is Established between the King and his People under the British Constitution, has so closely connected their Mutual Interests, that whatever tends to tlie advancement of the peace and prosperity of the People, it may be Humbly presumed will be a Good reason why it should meet with his Majestyes approbation and Encouragement, but it is Conceived that the passing tliat Law, will tend as much to Advance the Interest of his Majestyes Crown, as the welfare of His people if it be Considered that tlie Scituation of tliis Colony is in the very Heart of the British Dominions in America, that it Contains a passage from tlie Ocean almost all the way by water, to the most distant Nations of Indians, which lye Northward of tlie Bay of Mexico. It is near to Canada once tlie scat of a dangerous Enemy, and now its rival in the flfur trade, which is of so much Importance to Great Brittain that I'ts in tlie neighborhood of a People Extremly Jealous of its Interests, and ever watchfull to seize on every Advantage for the Extension of their settlements upon the Lands undoubtedly belonging to the British Crown (witness the late Settlements, of the flfiench at Crown Point, and Niagara, and their late attemps to get a ifooting in the Cinekes Country). That a fatal blow will be given to this British Interest both in Europe and America, if thjs Country should ever fall into the hands of the ffrench, these and many other weighty considerations, makes the welfare & prosperity of this Colony, of the last Consequence to the Crown of Great Brittain, it is gener- ally Acknowledged, that not one Plantation in America lias greater Advantages tlian this with respect to the fertility of its 246 TRIENNIAL ELECTIONS IN Soil, healtlifullness of its air and Commodiousness of its Scitu ation for an Inland and foreign Trade and Navigation. Yet under these many Natural advantages, it is a sad truth universally attested, That it has been for many years visibly Declining in its Husbandry, Navigation, Trade, Ship Building and otlier Manufiictures, Advantagious to Great Brittain. It has been deserted by great numbers of its Sea m^n and other Inhabitants, who have been obliged to Seek their Bread in the neiglibouring Colonies, while the Lands in the Country and tlie Houses in the City, have been seen to sink to near lialf tlieir fformer Value, and its Navigation Almost wholy fallen into the hands of Strangers, and at the same time, universal Discontent ready to break out into publick Tumult and Disorder, and Extream poverty, have overspread the Country and threatened its utter ruin. This is, or very lately was, the Miserable Estate of this Colony, which rendered the Disolution of the last Assembly Necessary both for his Majesty's Honour and the Interest of the Country. And the present Assembly Avhen chosen, being of Opinion that the present and past Miseries of this Country, were greatly owing to the want of the frequent election of Assemblys, they past the Law in Question, presuming that upon the weighty Reasons upon vvliich it is founded, it would not fail of tlie Royal Assent. The Assembly observed, that the Great Declension of this Country in all its valuable Interests, had hapened during the Continuance of the Two last long Assemblies, while at the same time no visible Cause could be assigned for it but what it was in the power of a ffree and flfrequent Representation of the People to prevent, Especially when at the same time, the neighbouring Colonies of the Masachusets Bay Connecticut and R]iode Island on the one hand, and Pensilvania on the other, were Increasing in People, flourishing in Trade, and abounding with Wealth and Contentment. The Asseml^ly Observed that those Colonies have tlie Annual Choice of their Representatives, by which General Grievances are either happily Prevented, or always Speedily redressed while by Experience they have found, that the long Continuance of Assemblies in this Colony, had an unhappy Tendency to Intro- THE PROVINCE OF NEW YORK. 241 diice Grievances, and Establish them as an Insupportable Burthen upon the People. Tliey observed that the long Continuance of power in tlie same hands, had always grown up into an oppres- sive Domination of a few men, which they found to have been the fruitfull Parent of all tliose Evils, under which this Country had Visibly Declined ; and wiiich had in some late Instances Proved Exceeding Dangerous to the Peace of His Majesty's Government within this Colony. These are the Reasons that Induced the Assembly with great Zeal and Unanimity to propose and pass that Law, as a most necessary Expedient, to retrieve the Peace and Promote the prosperity of this Miserable and Distressed Colony, The Just representation of this matter to His Majisty, It's believed cannot fail of procuring his assent to this Law, wdiich his People here have so much at heart, Tis not doubted but His Majisty will think it necessary for His Honor, that His Subjects here, should live as easy and as happy under His imme- diate Government as His Subjects are in tlie Neighbouring Colo- nies, under the Charters Granted by His Royal Predecessors, Tis verily believed, that nothing can have a more happy Ten- dency to AccomplFsh this, than the passing tliis law. Tis Evident, that the Liberty Ease and Safety of the People in the Neighbouring Colonies, wlio Enjoy the Priviledge of Choosing their Assemblies yearly, is Attended with the most happy Consequences; this causes them to multiply Exceedingly, by tlieir Natural Growth, and vast Additions from Protestant Countrys abroad, Whereas this Colony is but thinly Peopled, and more persons have Deserted it than have come to it for several years past. Those Colonies have been fflourishing in Trade, and Extending it abundantly wdiile it has been miserably declining among us. Twill hardly J^e believed in England that those Goverments, liave so much the Advantage of us, in the Value of tlieir Lands, as they have, It being a truth Capable of the fullest proof, that the Lands in Connecticut, will sell for three times the price of the Lands in New York, tho the Lands are Conti- guous, and there is no Dilference in the Soil, but what proceeds meerly from the Partition line that Divides it. This Country has an Advantage for Ship Building, raising of Hemp, making, 248 TRIENNIAL ELECTIONS IN of Iron and other Naval Stores, beyond any of the Plantations in America. Yet it is evident, that under the Ease and Safety of the Charter Goverments, Secured Chiefly by their Annual Assemblys These Colonies have flourislied to a great Degree in those usefull Manufactures, so Advantagious to the Trade and Safety of Great Britain, while this Colony has been under such Discouragements, as to have done little or nothing in these Man- ufactures, but has seen the Iron Ore carried from lience, to be worked up at about 200 miles Distance in New England, tho with Respect to Wood and Water, this Country has as good or better Conveniences than that, the vast Number of People InhalDit- ing the New England Colonies, the sudden and prodigious growth of Pensilvania, with tlieir Annual Assemblies while the linist Colony lying between them, under the Kings Immediate Gover- ment, that has been as long Settled as either of them, is Empty of People poor and Starving, is generally believed to be cliiefly owing to those Mischiefs, which have arose from tlie Avant of a frequent Election of Assemblies, and the passing of this Law, will Doubtless Tend to the Multiplying of our People, the Ex- tension of our fifrontiers, the promoting of the fur Trade, and making this Colony a strong Barrier against" the Ifrench, and Consequently the Bulwark and Safety of British Interests in America. It will make this Colony of more Service to Great Britain, by a larger Consumption of its Commodities, by raising of Hemp and making of Iron, and other Naval Stores. It will raise a spirit of Industry among the People, and Extend our Trade, restore our Seamen and Navigation, and remove that Discontent, which has always Increased in proportion to the Age of Past Assemblies. It will raise the Honour of His Majestys immediate Government, as it will greatly advance the happiness of His people, that live under it, and will make the Neighboring Colonies to set a less value upon their Charters. It is a Privi- lege Enjoyed by the Provinces of New Hampshire and South Carolina Barbadoes Antigua and the Leward Islands under His Majesty es Immediate Government to have an Annual Election of Assemblies, and North Carolina Enjoys a Biennial Assembly, and it may be hoped that his Majesty will not deny to his Loyal Subjects in New York, what not only their welfare and prosper- THE PROVINCE OF NEW YORK 24^ ity, but also the peace and Honour of His Goverment, the Interests of His Crown, and the Trade of Great Britain, and the Safety of the Neighbouring Colonies seems to render absolutely necessary. Memorandum of Some of tlie Reasons that may be offered for obtaining his Majesties Royall Assent to the Act for frequent Election of Representa- tives. First, For that its tlie Universal Opinion of the Inhabitants of this Colony that the Long Continuance of Assemblys lias been one of the greatest Causes of the present Declining State of this Colony, which is such that while our Neighbours of Pensilvania on the one liand and of Connecticut, Rhode Island and Massa- cliusets Bay and New Hampshire on the other Hand Do yearly greatly Encrease in numbers of People and tlie value of their Lands rise and their Trade flourishes. Yet this Colony which has much greater Natural advantages than any of tliem has for several years past decreased in numbers of People, Rents in the City of New York have generally fallen near one half, and the Lands of this Colofty about one third part of the value which they have heretofore been at, Our seamen and Shiip Carpenters have almost wholly deserted us, and our Navigation is almost got into the Hands of Strangers to this Colony. Long Assem- blys are supposed to be one of the greatest Causes of this Bad State, by their not finding Remedies to prevent or put a stop to this declining State, by their Suffering tlie People long to Labour under Grievances, without obtaining or Endeavouring to obtain relief against them. In some Counties. even their very Representatives have become themselves their greatest Grie- vance For while they have Suffered and Abetted a Governour in Tyrannizing over all they have become Deputy Tyrants in their Counties. They have often got into their Hands the Sole Recommendation of all Judges, Justices, Officers of the Militia, and otlier Officers in their Counties, those so recommended by them they Supported in tliose Offices tho' often unworthy of them, The hopes of being supported encouraged those officers to Despise and Oppress the People And thus a Gradation of 250 TRIENNIAL ELECTIONS IN Tyrants has been often Established and Supported and the Peo- ple left Destitute of Relief against their Daily Insults and Inju- ries — Which with many other things too many to repeat with too much reason has induced many of the Inhabitants to tliink tliey had no Liberty at all nor property certain in tliis Colony, and that they had better to remove to the neighbouring Colonies of Either Side where such Tyrannizing was fully prevented by a yearly Election of Representatives and where the Liberties and Properties of tlie People are well preserved — And its uni- versally believed tliat a frequent Election of Representatives would have tlie like effect here, And that tlie Short duration of Assemblys will not only prevent the Representatives themselves from Domineering in their Counties by Laying them under a necessity to preserve the Affections of the People in order to preserve their power But will also give the People an Opportu- nity from time to time to Clmse such men as are Sensible of what Grievances they Labour under and as are Capable to obtain a Redress of them, and of what has Rendered or is like to render the Liberties and properties of the People precarious. Secondly — The great Natural advantages which this Colony has beyond the neighbouring Colonies by its Furr Trade, Excel- lent Harbours, tlieir nearness to the Sea, its Inland Navigation to & through every one of the Counties of this Colony and to and amongst the Indian Nations as far as the Banks of St Law- rence River and its Lakes and the fertile soil of this Colony, with the hopes tliat tliis Law often by the people and Assemblies in vain endeavoured for miglit at last be obtained, Tho' they have not been able to liinder this Colony from greatly Declining while its Neighbours with much less Natural Advantages are growing and flourishing Yet they have hitlierto in great measure hindered its being intirely deserted But should his Majestic deny his Royal Assent to this Law its to be feared That great numbers of tlie Inhabitants would forthwith provide to remove to the Neighbouring Colonies where tliey believe tliey are more Sure of protection for their Liberties and Properties This Colony wliich is tlie Barrier against the French for the other Colonies may tlieroby in time be Deserted, The French our Rivals in the ffur Trade will then get it intirely from us into their Hands THE PROVINCE OF NEW YORK. 251 Great Britain will thereby lose the Exportation of Great Quan- tities of Strouds, Elankets and other Woollen Goods Avhich the Indians now take in Exchange for their ffurs, and flrance will acquire tlie furnisliing of them Avith the Same, And also the manufacturing of the flfur and Skins got from the Indians in Excliange, and possibly tliis Colony may at last become possess- ed by tlie French as a Derelict (as parts of it on the Banks of S' Lawrence and its Lakes already [are] Crown point and Neagara are Examples of this) and the other Colonies will by this means be exposed to their Insults & Even to l^e Conquered by them And unless the Liberties and Properties of the People of this Colony are Secured by this Law its Conceived not only impossi- ble for it to grow as Other the neighbouring Colonies but even to hinder the Inhabitants from greatly deserting it Thirdly — The neighbouring Colonies of Pensilvania on the one hand and of Connecticut, Rhode Island Massachusets Bay & New Hampsliire on the other hand have the Priviledge of Annual Assemblies secured to tliem, By means of whicli any Grievance that Affects the People is their quickly removed Their Liberties and properties are by reasonable Laws protected and Enjoyed This Encourages their people to Industry and to the Extending their Trade This invites not only the people of this Colony to them but also great numbers from all Protestant Countries in Europe Whereas in this Colony for want of a speedy redress of Grievances and the Security of the Liberties and Properties of the People foreigners are discouraged to Come and Settle with us, and Discontents Do Sometimes arise amongst us to a very great Heiglith, Insomuch that Insurrections liave been often not without reason feared The precariousness of the Liberties and Properties of the People Curbs their Industry This Colony abounds with Iron Oar and with streams of Water and timber fitt for melting it and bringing it into Barrs, which are intirely neglected while our neighbours with less Conveni- ence have got to a great heiglith in tliat manufacture This Colony has plenty of Lands fitt for Hemp which lies neglected while our neighbours have much improved in it That precari- ousness Cramps the minds of the People from thinking to Launch out into trade which has given other Colonies the oppor- 252 TRIENNIAL ELECTIONS IN tunity to become almost our Sole Carriers, and should we Decrease in our Shipping? as for some years past, they will soon be entirely so — Fourthly,— If his Majestic will be graciously pleased to give his Assent to this Act its hoped and believed, that by means of it no great Grievance will remain long unredressed. That reason- able Laws will from time to time be made to secure the Liber- ties and Properties of the People. This will its hoped, soon invite Back our people that have deserted us — This will induce our neighbors to believe they can be as safe in their Liberties and properties and that they can live as happily under his Majesties immediate Government as under any of their Charter Govern- ments, And wlien they are so Convinced Its not Doubted but that t1ie Natural Advantages which this has Beyond those Colo- nies will soon invite many of them to settle liere and Encourage otlier Foreign Protestants to follow their example, By which our Indian Trade and the Settlement of this Colony may soon be greatly extended; Its probable the want of bringing this Colony into tliose Circumstances that has obstructed its being settled quite to and along the Banks of S* Lawrence & its Lakes, and which has given the Opportunity to the Frencli to make Sundry Settlements tliere which this Colony might have done, so that this Colony has but one single Settlement upon the Lakes of S' Lawrence, to witt, Oswego & no Settlement within one liun- dred & fifty miles tliereof to support it. But its lioped that this may still be in great measure retrieved if this Colony be brought into the Circumstances aforesaid For this Colony by its safe and short navigation to Brittain and its safe, short and speedy Inland Navigatioh to the Indian Nations and Lakes of S^ Lawrence may be Enabled far to undersel the Frencli amongst the Indians, and thereby Can in time cut them out of all tliat Trade, which now they will probably cut us out of, if this act should be Damned. Fifthly — Should it be objected by Enemies to the being of this Colony, That tlio' our Neighboring Colonies of both Sides have Annual Elections, yet they are Charter Governments and why should the Kings Government follow their Example. Answer, Its Derogatory to hisMajisties goodness and Honour to THE PROVINCE OF NEW YORK. 253 suppose that he would Deny any thing to the Colonies under his immediate Government that will tend to their well being and prosperity wliich this Act plainly will, and Does in those Colonies wliich Enjoy the Benefit of it. On the Contrary it would Greatly tejid to his Majesties Honour and Interest that the Colonies under his Immediate Government had their Liber- ties and Properties Even better Secured by Good Laws than in those Charter Governments. The Certain Consequence whereof would be That such Colonics under his Majisties immediate Government would flourish more than the Charter Colonies now do. That would tend to make those Colonies indilferent as to their Charters and in time to give them up and to Chuse his Majesties immediate Government in the place thereof. Whereas while this Colony remains in its past uncertain State as to the Liljerties and Properties of the People, Those neighboring Colo- nies get our people from us, and are taught by our Sufferings highly to value their Charters and to pity our Misfortunes. Sixthly — Its not Charter Governments only that have the priviledge of frequent Election of Representatives for their General Assembly, — For we are well assured that South Caro- lina and North Carolina have likewise that priviledge tlie first an Annual Election and the last a biennial. But as to them it may be said, they had those Priviledges while they were Charter Governments, But as to that we are informed that Barbadoes-Anti- gua k the other Leward Islands never were Charter Governments and yet they have the Priviledge of an Annual Election Whether any and which of the other Colonies have such priviledges we are unacquainted, But whither they have or not we Conceive is very Little to the Question, which we think is, Whether as this Colony is Scituated betwixt Colonies on both Sides which have it. And as this Colony has greatly Suffered and now suffers thro' the want of it, It be possible for this Colony to preserve its inhabitants and to prosper, and to keep on a footing with the neighbouring Colonies without that privi- ledge which they enjoy so much tending to their happyness, advantage and prosperity. And whether the Declining State of tliis Colony thro' the want of that Law does not tend to the Loss of the Indian Trade, 25-i TRIENNIAL ELECTIONS IN to the Dispeopling of this Colony, to the Possessing of it by the French, and to the Loss of all the other Colonies in Consequence of it. REPRESENTATION TO THE KING. Augt lot'" 1738. To the kings most Excellent Majesty May it please your Majesty We have had under our consideration an act passed in your Majestys Province of New York in December 1737 intitled "An Act for the frequent elections of Representatives to serve in Gen' Assembly and for the frequent calling and meeting of the General Assembly so Elected." We have likewise had the opinion ol M' Fane one of your Majesty's Council at Law, and are of opinion with him that it is an Infringment of Your Majesty's Prerogative by taking away the undoubted Right which the Crown has always exercised by calling and continuing tlie assembly of this Colony at such times and as long as it was thought necessary for the publick service, and as no reason has appeared to us to require such an Innovation, we humbly lay the same before Your Majesty for your Royal Disapprobation, Which is most humbly submitted R. Pllimer s M. Bladen MONSON Ja. Brndenell Whitehall August 10th 1738 THE PROVINCE OF NEW-YORK. VETO OF THE TRIENNIAL ACT. [Council Min. XVII.] At the Court of St. James's the SO^^ NoV 1738. Present The Kings most Excellent Majesty. Arch Bishop of Canterbury Earl of Abercorne. Lord Chancellor. Earl of Selkirk Lord President. Lord Harvey. Duke of Montagu. Lord Harrington Earl of Pembrooke. M"" Speaker Earl of Graintliam. S'' Paul Methuen. Earl of Cholmondley Horatio Walpole Esq"". Whereas by Commission under the Great Seal of Great Britain, the Governour Council and Assembly of His Majesty's Province of New- York, are Autliorized and Impowered to make, Constitute and Ordain Laws, Statutes and Ordinances, fur the Publick Peace, Welfare and Good Government of tlie said Pro\ince ; which Laws, Statutes and Ordinances are to be, as near as conveniently may be, agreeable to the Laws and Statutes of this Kingdom, and to be transmitted for His Majesty's Royal Approbation or Disallowance ; And Whereas in Pursuance of the said Powers, An Act was past in the said Province in Dec'". 1737. Entitled " An Act for the frequent Election of Representatives " to serve in General Assembly and for the " frequent calling and meeting of the General " Assembly so Elected." Which act togetlier with a Representation from the Lords Commissioners for Trade and Plantations proposing the Repeal thereof, having been referred to tlie Consideration of a Committee of the Lords of His Majesty's most Honi^'e Privy Council for Plantation Affairs, Tlie said Lords of the Committee did this day Report to His Majesty as their opinion, that the said Act ought to be repealed : — His Majesty taking the same into his Ployal Consideration, was pleased, with tlie advice of his Privy Council, to Declare his Disallo\Aance of the said Act, and 256 TRIENNIAL ELECTIONS IN THE PKOVINCE OF NEW YORK. pursuant to His Majesty's Royal Pleasure thereupon! Exprest, the said act is hereby repealed, Declared void, and of none effect : Whereof the Governor or Commander in Chief of His Majesty's Province of New York for tlie time being, and all others whom it may concern, are to take Notice and Govern themselves accordingly Ja : Vernon. Albany Octr 7th 1758. Note. — A Law, commonly called the Septennial act, was passed in 1743, by which the continuance of the Provincial Assembly was limited to seven years. This Act remained in force down to the Revolution — Ed. LIBRARY OF CONGRESS 014 107 148 8 ^ Conservation Resources Lig-Free® Type 1 LIBRARY OF CONGRESS 014 107 148 8 «