Yale University Library 39002004695871 YALE UNIVERSITY LIBRARY The EDWIN J. BEINECKE, '07 FREDERICK W. BEINECKE, '09 S WALTER BEINECKE, '10 FUND This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy of the book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. NEW-YORK HISTORICAL SOCIETY. PUBLICATION FUND. X. COMMITTEE ON PUBLICATIONS. EVERT A. DUYCKINCK, EDWARD F. DE LANCEY, GEORGE 'H. MOORE. Officers of the Society, 1878, PRESIDENT, FREDERIC DE PEYSTER, LL.D. FIRST VICE-PRESIDENT, WILLIAM CULLEN BRYANT, LL.D. SECOND VICE-PRESIDENT, BENJAMIN H. FIELD. FOREIGN CORRESPONDING SECRETARY, GEORGE H. MOORE, LL.D DOMESTIC CORRESPONDING SECRETARY, EVERT A. DUYCKINCK. RECORDING SECRETARY, ANDREW WARNER. TREASURER, BENJAMIN B. SHERMAN. LIBRARIAN, JOHN AUSTIN STEVENS. THE COLDEN PAPERS. To The Rt Hon3111 Lords Commissioners for Trade & Plantations, &° New York, Ap. 14th 1765. My Lords, In obedience to your Lordships commands I now send a Box directed to your Lordships containing an abstract of all the Grants of Lands in the Ten Counties ~/- of this Province from 1664 to 1760 and' of the grants of the last half year ending the 12th April 1765. Have- " ing already sent from 1760 to the last half yaar. In those abstracts are specified the names of the Grantees, the date of the Grant, the quantity of land Granted where the quantity is expressed in the Grant, & the Quit rent where any is reserved. So that now a com- pleat abstract of all the Grants registered in the Secret aries Office are before you. On this occasion I cannot omit mentioning the great Diligence of the Deputy Secrettary in haveing this abstract made out in so short a time with a continued attention, & a considera ble expence in clerkship. I am, &°. To Sir Jeefery Amherst. New York, May 3d 1765. Sir, I cannot suffer so direct an opportunity as this by Col. Bobinson to pass, without acknowledging the honour you have done me, by your kind Letter of the 9th of February. THE COLDEN PAPERS. This Winter I have been forced by the Lawyers into a public dispute in supporting the Kings Instructions. They have placed their hopes of success in clamorous noise artificially raised tfe which it was not in my power to prevent, tho' I endeavoured all I could to have the matter in Dispute quietly submitted to his Majesty's determination in his Privy Council : but this did not suit their purpose. Notwithstanding of all the artifice which has been used to excite animosity among the People, they will quietly submit to what ever the King shall think fit to Determine. Col. Robinson was present at the public Debates, &, can inform you of what you may be desirous to know in this or any thing else relating to this Country. I am with great respect, and very affectionately Sir Yr. To Major Gl the Honble Robert Monckton. New York, May 3d 1765. Sir, I have the honour of your Letter of the 9th Feb ruary. I did every thing that was in my power to prevent the public Disputes which have happened, consistently with my duty in supporting the Kings Instruction, & endeavour'd to have had the matter quietly submitted to the Kings Determination. But the Gentlemen of the Law seem to have placed the" chief stress of their Cause in raising public Clamour, &, therefore all endeavours to prevent it became fruit less. Notwithstanding of this I am fully persuaded the People of this Province will quietly submit to the Kings Determination whatever it be. By the care that I have taken that no reply be made to a licentious abusive weekly printed Paper, the Administration is restored to its usual tranquility & I hope it will continue so. THE colden papers. It will give me the greatest satisfaction to have my Conduct receive your approbation & to preserve the honour of being, Sir, Yr. To His Excellency Benning Wentworth, Esq. GovK of N. Hampshire. New York, May 13th 1765. Sir, I have the favour of yours of the 26th of last Month. Soon after I received his Majesty's Order in Council for determining the boundary between this Province &, New Hampshire, I gave directions to the Atty Gen- ' eral to forbear any farther prosecution of the Persons you mention in your Letter, of which I doubt not you have received an account from them before this time. It gives me pleasure to have done a thing so agreeable to you before your desire was made known to me. I am with great truth & Regard. To The Honble Sir William Johnson, Bart. Spring Hill/May 27th 1765. Sir, I have this moment received the inclosed Letter for you from the Board of Trade, which my son sent me by Express. The Lords Commissioners in their Letter to me of the 16th of March inform me that the King in consequence of a Resolution of the House of Lords had sent back two Mohawk Indians named Hermanus & Joseph at the public Expence & I am ordered to send them to you with a proper person to conduct them. As I doubt not your Letter contains the Resolution of the House of Lords & the Kings THE colden papers. pleasure with respect to these Indians, I think it need less to transmit copies of what is sent to me. You have by this a strong instance of the regard the King & the House of Lords have to the honour of the Mohawk Nation that they would not suffer any of them to have the disgrace of being exhibited as a public shew. At the same time the Mohawks may learn to guard against the Delusions of mean base spirited pretending friends. I now give directions to my son Alexander to have these Indians taken care of & to be sent forward to you by the first Sloop with some Person to conduct them to you. This Day I likewise received your Letter of the 17th Inst., I am very sensible of the trouble you must have at the time the Indians leave you, I hope it will be made pleasing to you by your success in your negotia tions with them. Gen1 Gage in his Letter to me of the 26th informs me that the Shawanese are come to Fort Pitt in very good humour have delivered up 40 Prisoners, all they have except a few sick, who were out hunting. That their Deputies are on their way to you, & that they have left Hostages at Fort Pitt. The Delawares wav ered & wanted to treat with the Quakers, but they were soon brought to reason. I write at this time to my son that if possible, he may make a Map & Return of your Land that I may transmit it by the Packett which is to sail Saturday week. To The Rt Honble Earl of Halifax. New York, 31st May 1765. My Lord, I have the honor of your Lordships Commands of the 9th of March. I have the satisfaction to inform your Lordship that notwithstanding of the continued THE colden papers. 0 endeavours of some Persons in this Place by licentious Papers weekly published to continue and excite un easiness in the Peoples Minds, the administration of Government continues in its usual tranquility. The effect of these publications has only been to sink the credit of the authors, & when I consider that they are Lawyers neither Loved nor Esteemed, I doubt not it may be in the power of a Governor to become popular at their expence, the Magis trates in suppressing Riots tt Tumults — the event has proved that I did not mistake in my Judgment. But while I have the justest Reason to complain of the want of assistance where I had the best right to expect it, I must in justice to Mr Banyar D. Secrettary of this Province, assure you Sir, that, in every thing in his Department, he has assisted me with the greatest allac- rity tt with his most friendly advice. Since I retired that I may be as usefull as it is in my power to be, I have put in one view the substance of what I formerly wrote to the Earl of Halifax tt the Plantation Board, of the state of this Province, & of what has lately happened ; in hope that it may be of use in forming a Judgment of the rise and foundation of the present seditious Spirit, tt for discovering the persons who are the authors of it. _^ TEfi_jdependency or Independency of the Colonies is at its crisis. Whatever resolutions are taken on the extraordinary Events which have happen'd in America, I flatter myself you will be convinced that in all my proceedings I have had my Duty only in view, while I" evidently saw that it must' be attended with great prejudice to the private Interest of myself tt a large family who must live among a people strongly infatuated at this- time 'by the malicious tt virulent Papers continually published and dispersed assiduously 68 THE COLDEN PAPERS. among them. My resolution at my age had a heavy trial under numerous unexpected difficulties. Allow me Sir to repeat what I wrote in my last, that his Majesty's Approbation of my Weak endeavours for his service, will make me at last happy. I hope likewise to obtain some share of your Regard, with the honour of being, Sir, a Sallary out of the Quit rents ; and the Kings en ' cing his former Instructions by an additional InsJ lo tion, the other Judgesi submitted, and the admini. ra tion went on in its usual tranquility. M1'. Prat 7'-red only long enough to shew the People the great advan tages they might expect from an able, honest and cis- interested Judge, and to turn the public Antipathy, which had been excited against him into public Esteem • — He was received with Contempt and Displeasure — He died Beloved and Regretted as the greatest loss the Province ever suffered. In October 1764, Waddell Cunningham brought an^ Appeal before the Governor tt Council from a Judg ment in the Supreme Court pursuant to his Majesty's 32nd Instruction. The Lieut Governor supported the right of appealing not only in obedience to the King's Instruction as his Duty Required, but likewise from the Opinion he conceived of this being the only legal Method by which the Kings Rights tt authority in the Colonies can be secured, tt the People can be protected from iniquitous tt oppressive verdicts tt judgements. T)\e Judges joined with the Practitioners in opposing the Right of appealing with such vehemence as if all had been at stake, tt influenced the Gentlemen of the Council to take sides against the Lieut. Governor in a most unbecoming aud indecent manner, notwithstanding of which the Lieut Governor under great disadvantages, supported his opinion with every Reason which occur'cl to him : being fully perswaded that without the Right of Appealing to the King the Dependency of the Col onies cannot be preserved. The King's authority can only be preserved in his Courts of justice, & without appeal from the Courts in the Colonies, his authority must be precarious. The Rage against appeals, excited by the Judges tt Lawyers is of itself a Demonstration of the necessity that appeals be unquestionably Estab lished. For it shews how much they think the admit ting of Appeals to the King will weaken or destroy their Associations & Domination. On this account 74 THE COLDEN PAPERS. likewise the Lieut. "Governor has incur'd their Hatred tt Malice. On this occasion a weekly Paper under the name of the Sentinel! was publish' d in Holt's News Paper, filled with the vilest tt most abusive invectives which malice could invent in order to render the Lieut. Gov1 Odious to the People, but as no one fault could be alledged to his prejudice during any time of his administration other than his supporting the Right of Appeals, he bore their malice with patience. It is universally be lieved that these scurrilous abusive and malicious Papers were wrote by two or three distinguished Law yers in the City. When the King's Order in his Privy Council, of the 26th of July arived in September last it revived all the Rage of the Profession of the Law, tt they takeing the advantage of the Spirit of Sedition which was raised in all the Colonies against the act of Parliament for laying a stamp Duty in the Colonies, they turn'd the Rage of the Mob against the Person of the Lieut Governor, after all other methods which their Malice had invented for that purpose had failed. The Malice of the Faction against the Lieut. Governor is so evident that their inclination to expose every failing in his ad ministration cannot be doubted, tt when they have nothing to charge him with besides his supporting the Right of the Subject to Appeal to the King, it gives the strongest presumption in his favour that they can not otherwise blame any part of his administration. In the night of the 1st of November a great Mob came up to the Fort Gate with two Immages canned on a Scaffold : one representing their gray haired Gov ernor, the other the Devil whispering him in the Ear. After Continuing thus at the Gate, with all the insult ing Ribaldry that Malice could invent, they broke open the Lieut. Governor's Coach House which was without the walls of the Fort, carried his chariot round the streets of the Town in triumph with the Immages — returned a second time to the Fort Gate, and Tn an THE COLDEN PAPERS. 75 open place near the Fort, finished their Insult with all the Indignities that the Malice of their Leaders could invent. Their view certainly was to provoke the Gar rison, then placed on the Ramparts, to some act which might be called a Commencement of Hostilities, in which case it cannot be said what was farther intended. Being disappointed in this the Mob expended their Rage by destroying everything they found in the House of Major James of the Royal Artillery, for which no reason can be assigned other than his putting the Fort in a proper state of Defence as his Duty in his Department required of him. While the Lieut Governor was in the Country as usual during the heats of summer he received a Letter from General Gage informing him that the public Papers were crammed with Treason. The Minds of the People disturbed excited tt encouraged to Revolt against the Government, to subvert the Constitution tt trample on the Laws. That every falsehood that Malice can invent is propagated as Truth to sow dis- sention tt create animosities between Great Britain tt the Colonies concluding an offer of such military assist ance as the Lieut Governor should think requisite in support of the Civil Authority. The Lieut. Governor immediately answered this Letter with his Opinion that one. Battalion would be requisite with the Garri son of the Fort, but that he would immediately return to Town and take the advice of the Council on the subject of his Letter. The advice of the Council ap pears on the Minutes of the Council transmitted to Mr Secrettary Conway by the first Packett after the advice was given. Tho' this advice wras contrary to the Lieut Governor's private Sentiments he thought it most prudent to submit the matter to the General. The argument made use of by the Council that it would be more safe to shew confidence in the People than to dis cover a distrust of them by calling in any assistance to the civil power, in the L* Governor's Opinion goes too far, as it discouraged every precaution. The event has 76 THE COLDEN PAPERS. shewn that it was not well judged, for it is most prob able that had a Battalion of Regulars been brought to New York, all the Riots and Insults on Government had been prevented. The acting with vigour seemed the more necessary as the eyes of all 'the other Colonies were on New York where the King had a Fort allwise garrisoned with Regular Troops. The General kept his head Quarters there, and two Friggates and a sloop of War were in the Port. When the Lieut. Governor came to Town he found the General had ordered Major James to carry in such Artillery tt Military Stores as he thought necessary for the Defence of the Fort ; and two Companies of artillery having opportunely arrived at that time from England they had likewise been ordered into the Fort to strengthen the Garrison. Mr James is certainly a Benevolent Humane Man, rce sufficient to deter them, than to suppress jliots tt Mobs, without suck Force. It is necessary to relate particularly what I after wards did, that your Lordships may judge whether I gave any just occasion for the Riots which succeeded. On the 23d of October the Ship Edward, William Davis Commander, arrived in the river with Packages of stamp'd Papers tt Parchments on board. The Mob threatning to destroy the Ship tt Cargoe if the Stamp'd Papers were not delivered to them; and the Packages being intermixed in the Hold with other Goods, the Master tt Owner of the Ship proposed to me that while the ship was under the Protection of his Majesty's Ships, to hire a Sloop to take the Merchants Goods on board tt to Land them till the Packages of Stamp'd Papers could be come at, but no Sloop would hire at any rate. On which I told the Master tt Owner to go to, the wharf tt unload as usual, tt that I should give directions to the Magistrates to secure them from any insult, but they answering that they apprehended the ship tt cargoe would be in danger by so doing they desired with the approbation of the Merchants who had goods on board that I should desire the Friggate under whose protection the ship was to assist them in remov ing the Goods, till the Packages of Stamp'd Papers could be come at tt put on board the. Friggate, which was accordingly done with the apparent satisfaction of all who were interested in the ship tt cargoe. 80 THE COLDEN PAPERS. The Packages were afterwards Landed at noon Day from the Frigate tt carried into the Fort without a Guard, tt remained there without any public discon tent appearing till the last Day of October, when I in Council took the Oath injoined by act of Parliament. In the night of the lBt of November a great Riot happened, consisting of several thousands of people. A great number of Boys carried Lighted Torches, fol lowed by a Scaffold on which were placed two Immages, one representing their old greyhaired Governor, tt the other the Devil whispering in his Ear. They came up close to the Fort Gate ; tt in going from it broke open my Coach House, took out my Chariot, carried it round the Streets of the Town with the Immages, return'd a second time to the Fort Gate, tt then carried the Immages to an open place, about 100 yards from it, where they were hung for some time on a jibbett, afterwards cut down tt burnt in a Fire prepared for the purpose, together with my chariot, tt some other Carriages found in my Coach House tt all the furniture of my stables. When the Immages were brought up to the gate the Garrison were on the Ramparts. Not withstanding of the grossest Ribaldry from the Mob, and many stones thrown into the Fort, not a single word was returned from any Man in the Fort. After this they went to Major James's House and destroyed everything in it, without leaving him tt his Lady more than the cloaths on their back. The next Day Letters tt Messages were sent into me Threatning my Life if I did not deliver up the stamp'd Papers. By advice of Council I very readily declared that I would not distribute them, in truth it was not in my power to do it, but deliver them to Sir Henry Moore when he arrived. This gave satisfaction to great numbers, who in the most open manner de clared their satisfaction, but the principal Leaders declared themselves not satisfied, and insisted that they should be sent on board the Coventry Commanded by Captn. Kennedy. This I did not oppose but Captain THE COLDEN PAPERS. 81 Kennedy absolutely refused to receive them, tt with good reason, for he was aware of their design to force him to deliver them by Threatning to destroy the Plouses he was possesst of in the City, of which he had in his own tt his wife's Right more than perhaps any one Man in it. While these things were transacting, the Engineers put the Fort into the best Posture of Defence tt Offence that could be done : The Mob renewed their Threats against the Fort, tt that they would assault it to come at the Papers. The Men of greatest Property tt the Magistrates of the City, seeing that from the posture the Fort was then in, the destruction of great part of the City, must be the consequence of such an attempt, humbly deprecated to save the Town from Desolation. At last I consented to deliver up the Stamp'd Papers to the Mayor tt Corporation of the city, as appears by the Minutes of Council. After which the Mob entirely dispersed, and the City re- main'd in perfect tranquility till I delivered up the Administration to Sir Henry Moore. Now your Lordships may judge what Cause of of fence I have given to the People of the C ity, to occa sion such insults tt indignities on the Person of their Governor, tt your Lordships may be assured that I have given no other. Since I retired the true cause of the Malice against me was fully declared in the Instructions given to the Representatives of the City, by a. Committee consisting. of 4 Lawyers, 6 Merchants, tt 2 Landed Men, as ap- j pears in the enclosed .printed Paper viz And above all! of the most dangerous attempt lately made by -Lieut. I Governor Golden to introduce Appeals from the Ver] ( diet of a Jury / an innovation which if it obtain, must inevitably ruin this Country. The Malice is evidenp in charging this upon me when they well know that by the Kings Instructions given many years before I was appointed Lieut Governor, the Governor was com manded to admit of appeals tt so lately as on the 26th 6 82 THE COLDEN PAPERS. Day of July last, the King by his Order in his Privy Council Renewed Explained tt Confirm'd his former commands of admitting Appeals from the Verdicts tt judgments of the Courts of Common Law. How can the admitting appeals ruin this Country ? If a verdict tt judgment be truely just tt equitable can hopes be entertained of having it reversed in the Privy Council? And if it be unjustly obtained by faction tt intrigue will it ruin the Country to have it Reversed ? But I have explained this matter so fully in my Letters to your Lordships on this subject that it is needless to add anything. It is from this that the Malice of the Lawyers arises against me. Appeals may in a great Measure abolish their dangerous Domination, tt with Disinterested judges would effectually do it. With entire Confidence I appeal to your Lordship's justice from the most malicious attempts to ruin my Character with the People among whom I must live, & to expose my Person tt Estate to the rage of a deluded Mob. After the strictest enquiry your Lordships will find that I have had my Duty tt the true Interest of the People committed to my care at heart, not only without any view to my private Interest, but with certain tt foreseen prejudice to it. While I have much reason to complain of more than want of assistance from those I had reason to expect it of, I must inform your Lordships that Mr. Banyar D. Secrettary has on all occasions been very useful to me by his friendly assistance. I am with "entire sub mission to your Lordships Justice, My Lords, To the RT Honble Earl of Dartmouth. New York Dec 6 1765. My Lord, . I did not know of your appointment to preside at the Plantation Board, before the affairs of this Govern- THE COLDEN PAPERS. 83 ment were in such a State that by his Majesty's In structions, I was directed to correspond with the Secre tary of State on the subject of them. Since Sir Henry Moore has taken the administration of Gov' I have retired. Some Ease to my Mind at my Age was become necessary. However that I may be as usefull as in my present circumstances I can be, I have endeavoured to put the present state of the Prov ince in one view for your Lordships consideration. I choose to do this in a private Letter to your Lordship, because I have reason to suspect that some Persons have found means to obtain copies of my Letters to your Predecessors in office of which a bad use has been made to my prejudice. It is easy for malicious Men to pick out what parts of a Letter they think serves their purpose tt spread it abroad in conversation with such comments as they think will render the author Odious to the People. It is certainly given out that they have copies of my Letters. If the Clerks be allowed to do this without Leave, it must check that freedom which may be absolutely necessary for his Majesty's Service, tt with which Governors ought to communicate their sentiments. The most material parts of the inclosed Paper were communicated in several Letters at different times to the Plantation Board. The puting them in one view it is hoped may assist your Lordship in forming a just Idea of the present state of this Province, tt in forming a judgment of the Papers you may receive on that subject. I confide so much in your Lordships Candour tt Equity that with the greatest satisfaction of Mind I submit my conduct in the administration of Govern ment to your Judgment, after the strictest enquiry you shall think proper to make. Thereby I hope to obtain some share of your Lordships regard tt that you will allow me the honour of being with the greatest Re spect, My Lord. 84 THE COLDEN PAPERS. To the Right Hon. Lords Commissioners for Trade and Plantations. New York, Dec* 19th, 1765. My Lords, The Deputy Secretary informs me that he has now made out copies of the Minutes of Council from the 8th of December, 1764, the time when they were last sent to the 12th of November last, when I delivered up the Administration to Sir Henry Moore tt of the Grants of land from the 6th of February the time last sent likewise to the 12a of Novr last. By this your Lordships will have before you all the publick Trans actions since the Administration was in my hands, whereby I hope to receive your Lordships' approbation of my Conduct while I laboured under unusual difficul ties of which I informed you in my preceding letters tt that you will allow me the honour of being, my Lords, Your most obedient and faithfull servant. To The Rt Honble Lords Commissioners for Trade tt Plantations. New York, Jany 13th, 1766.' My Lords, The enclosed Minutes of the Proceedings of the As sembly of this Province, wherein I am accused of en deavouring to give success to that dangerous Jlaclii na tion (Appeals to the King in his Privy Council) destructive of the Peace tj- Security of the Subjects §-c, I flatter myself will excuse the trouble which on this occasion I think myself obliged to give you. The Matter complain'd of, tt which gave rise to the present Resolves of the Assembly, came judicially be fore me in a Court of Justice which could not be held but in my presence. I gave my opinion to the best of THE COLDEN PAPERS. 85 my Judgment, without controlling the opinion or Judg ment of the other Members. I may have erred very innocently. The most malicious have not suggested that I was biassed by interest or favour. The Kings Order in his Privy Council of the 26th of July last, di recting an Appeal to be admitted from the Verdict and Judgment of the Governor tt Council, tt from thence to the King in his Privy Council, confirms my Opinion so much that I expected it would have put an end to all Disputes, but on the contrary this very order has excited the Resentment against me. __ The King's Instructions, the Rule of my Conduct, clearly directed an Appeal on the whole Merrits of the- case. In obedience to that Instruction I did support the Jurisdiction of the Court to the whole Merits. I was confirmed in my Judgment by considering that his Majesty's Rights tt Authority are only secured by his Courts of Justice ; and if this should depend absolutely tt finally upon his Courts in the Colonies, his Rights tt authority might become very precarious. At the same time I perceived that Appeals would be of the greatest security to the People of this Province against an overbearing Faction then too plainly to be discov ered in the Courts of Justice. That such an overbearing Faction does really exist is evident to every Man Conversant in our Courts of Justice. The Opposition to Appeals in the manner it has been made, could not otherwise have happened. The Harranges of the Judges — the indecent Manner of Proceeding in the Council, while the Right of Appeal ing was Debated — these Resolves of the Assembly, Dic- tatorially without any judicial authority, suddenly made without time for deliberation on facts unfairly tt untruely stated in the Preamble, all of them combine to prove the existence of a dangerous Faction. I inform'd your Lordships in a former Letter of the influence which the Lawyers had obtain'd in the As sembly — These Resolves are a Consequence of it. The People in general are very sensible of the dangerous 86 THE COLDEN PAPERS. association and influence of the Gentlemen of the Law — tho' every attempt was made by Publications con tinued for several Months in the weekly Papers, to render my Person Odious, by every insinuation their malice could invent, it proved ineffectual with the Peo ple. After the violent spirit was raised in the People against the Stamp Duties, a wicked intention was formed of turning the Rage of the Mob against my Person, but it faild, and I now think myself very safe in my Country House. How daring the Faction is, appears farther in that vile insinuation couched under the Resolves of the As sembly to the prejudice of the Lords of the Committee of Appeals, that People may think the Province would be ruined by appeals to the King in his Privy Council. Such means are only made use of by bad Men for bad purposes. \ The Proceedings of the Assembly — must have great influence on the Minds of the People— they may render every Order of the King and every officer who endeav ours to execute them, Odious. The particular injury done to me, by such a public exertion of keen malice permit me to hope my Lords, will entitle me to your Protection and Justification. To The Right Honble Henry Seymour Conavay his Majesty's principal Secttt of State for the Southern Department. New York Jan3' 14th 1766. Sir, The design of the present ruleing Faction in this Province is to make me an Example to deterr all suc ceeding Governors, and the officers of the Crown from opposeing their Domination. I have allready inform'd you Sir that this Faction is composed of the Lawyers tt Men of enormous Lauded Estates, who have ob- THE COLDEN PAPERS. 87 tain'd an absolute influence in the Assembly. In the last Act for Granting Sallaries to the officers of Gov ernment, the Assembly have deprived me of my Sallary from the time the preceeding act Expired to the time Sir Henry Moore arrived ; which at the rate the Gov ernor's Sallary is fixed by the last Act, amounts to four hundred Pounds in the Currency of this Province. At the same time that they Granted the Governor his Sal lary, they Voted him a Present of upwards of Six hun dred Pounds, tt if I be truely inform'd gave him expec tation of their liberal favours. Sir Charles Hardy tt General Monckton both very well know, that the whole Sallary tt Emoluments arising from the Government of this Province, was far from being sufficient to support them with that dignity with which a Governor ought to Live — much less will one half of them do it, which is all that I have enjoy'd, the other half going to M1' Monckton. Dureing the time for which the Assembly have allowed me no Sallary, I lived at an expence ex ceeding the whole income of the Government, occa sioned by a double Garrison, and all the Officers of the Army in the Place doing Duty in the Fort. In the Night of the first of November the Mob broke open my Coach House, took out my Chariot and other Car riages, with all the furniture of my Stables and burnt them. I had just reason to expect an indemnification for this loss ; but so far from it, tho' this Felony was committed in the sight of great numbers of the Inhab itants of the Town, not the least enquiry has been made into it, in order to bring the guilty to Justice. Neither has any notice been taken by the Assembly cf the great loss Major James suffer'd at the same time. No part of my administration is blamed, except my obedience to the King's Instructions for admitting of appeals tt my endeavour to put the act of Parliament in Execution for Stamp Duties in the Colonies. Allow me Sir, through your mediation to lay my sufferings before his Majesty in order to obtain such relief as his Majesty shall think proper. 88 THE COLDER PAPERS. The difficulties I have met with on account of appeals tt the Stamp Duties were quite unforeseen, tt the man ner in which I have been opposed still more unexpected I resolved to perform my Duty, tho' I wras sensible of the Resentment from a most audacious tt malicious Fac tion. It is from the confidence of haveing acted accord ing to my Duty and the best of my ability, that now in my old age I bid his Majesty's Protection. Only one Month is wanting to me to have lived 78 years complete : above 40 years of that time in the Council of this Province, in which time I have on all occasions acted on the same Principles. I cannot live many years longer — While I was in the administration, I endeavoured to preserve the dignity of my office. May it not be of public use tt for the honour of his Majesty's service, that I be enabled to live with some more Dignity than I can upon my private Fortune with a numerous family of children, especially in a country where such attempts are made to debase Government. His Majesty's Quit rents in this Province, if no other Fund be thought Proper, will allow a Sallary or Pen- tion for this purpose without prejudice to any prior Establishment. I humbly pray Sir you will please to let me know his Majesty's pleasure in Regard to this my Request, which is made with the utmost submission by, Sir, To The R1 Honble Lords Commissioners for Trade tt Plantations. In the same words as the last to 2Ir. Conway, except the concluding paragraph which is: I flatter myself that this humble Request will be graciously received, while it is made with the utmost submission by, My Lords. THE COLDEN PAPERS. 89 To Sir Jeffery Amherst. Spring Hill January 13th 1766. Sir, The many instances of Friendship with which you have honoured me, make me hope this trouble will not be disagreeable. Without doubt you have heard of the Riots and Tumults which have happened at New York, tt that some of them have been directed against me personally. Tho' my favouring the Act of Parlia ment for Stamp Duties was the pretence for this, yet the Resentment of the Faction which excited the Mob arose from a quite different cause. In October — 64 an Appeal was brought before the Governor tt Council, tt from thence to the King in his Privy Council. The Lawyers to a man opposed Appeals as Illegal, tt the Council to a Man joined them. I supported the Right of Appealing, singly. In July last the Matter was brought before the King in his Privy Council. By the King's order in his Privy Council the Right of Ap pealing was confirmed, tt I received the King's order in his Privy Council dated the 26th of July for that purpose. This has raised a violent Resentment against me. The assembly by the influence of the LaAvyers among other things Resolved that, I have endeavoured to Ruin the Province, by establishing Appeals to the King in his Privy Council, tt refused to Grant the Sal lary due to me from the lBt of September, when the last Sallary expired to the 13th of November, when Sir Henry Moore arrived. Besides the obedience which I owe to the King's commands, the Motives I had for supporting Appeals were — 1st. The King's Rightstt his Authority are only secured by his Courts of Justice, tt if they were to be determined finally in the Collo- nies they must become precarious. 2ndly. Disinterested Judges cannot be found in this Province free from Family or Party Connections, or Interest in similar cases, And 3rdly. A most dangerous association of the 90 THE COLDEN PAPERS. Gentlemen of the Law both on the Bench and at the Bar, is formed in this Province, by which a Domination of Lawyers influences tt overbears in every part of the Administration tt perverts Justice in favour of a Fac tion, by overbearing all their Opposers. Some Instan ces of which I laid before the Plantation Board. In my Letters to Mr. Secrettary Conway tt the Plan tation Board by this Conveyance, I have conrplained of the injuries done me, tt have pray'd his Majesty's pro tection tt Redress. You know Sir, how far I am ad vanced in years. I have served the King in his Coun cil for this Province above 40 years. In all that time I have acted on the same Principles. May it not give encouragement to others in their Duty, & be for the honour of his Majesty's Service that I be enabled to pass the small remainder of Life with some more dig: nity than I can by my private Fortune, tt a numerous Family of Children. A Pension will be the most agree able tt the most honorary to me. I am well assured it may be made out of the Quit rents of this Province, without injury to any prior appointment, if some other Fund be not thought more proper. In such case I still may continue usefull in giving such information as his Majesty's ministers may require. I beg Sir, your good offices in my Favour, & it will be a singular favour to let me know as soon as may be, what I am to expect, whether it be to my wish or otherwise. You expect probably, Sir, to know my thoughts of the Tumults which have lately happened in America. I can tell my sentiments more freely to you than to the Ministry, because you know the People tt can cor rect me where I eir. The ruleing Faction gain an absolute influence over the officers of Government by the Sallary of every officer being every year voted or appointed by the As sembly, lessened or encreased, or refused, as they like the Man in office, and the Fund is yearly raised it ap plied for that purpose. If internal Taxes be laid by Parliament, they conclude the officers of the Crown THE COLDEN PAPERS. 91 will be paid out of them and the power they now have must cease. As soon as the Act for laying a Stamp Duty in the Colonies was known, the leading Men in each Colony by a private Concert, set their writers to work, who by the most , daring inflammatory Papers without the least regard to Truth or public decency excited the Minds of the People to such a highth that they thought their natural Liberty was in the greatest danger. The enthusiasm of the Mob was carried so far that no Man must speak his sentiments without danger to his Person or Effects. To give some kind of authority tt more regular concert in all their proceed ings, a meeting of Committees from all the assemblies by invitation from the Massachusetts Bay was agreed to be held at New York in October last tt they accord ingly met. This was certainly an illegal tt danger ous convention, but the circumstances of the times made any attempt imprudent to prevent it, or to op pose their Meeting. The principal object so far as I can judge which they have in view, is to intimidate the Parliament into a re peal of the stamp Act, by having it believed that the Act cannot be put in execution without occasioning a civil war. They are desirous of having their most enor mous proceedings put in the most glaring Light. They give instances where Riots tt Mobs in Great Britain have produced a Repeal of unpopular Acts. But in case the Parliament think proper to enforce their au thority, I can discover no measures taken to continue the opposition by force, neither do I think it possible to concert any Plan for that purpose, in which the Col onies can or will unite to oppose a moderate force from "Great Britain. The Eyes of the other Colonies were on New York, tt were at a stand till the most daring daring insults upon Government there, incouraged them. I was, tt am still of opinion that had the officers of the Crown united vigorously on the first appearance of the disorders, they might have been crushed in the begin ning, with the force which would have been collected 92 THE COLDEN PAPERS. there, tt the Example of New York would have intim idated the other Colonies. You know Sir, that the Military Power cannot act but in assisting the civil. When I proposed the calling in the Military Assistance, the Council tt Magistrates insisted that there was no danger from Mobs tt there was no need of assistance. I have reason now to sus pect that some of the Council, all the Magestrates of the City, and even some of the Judges of the Supreme Court favored the present spirit in the People. You may from this perceive the difficulties I laboured un der, however I flatter myself it will appear from the Minutes of the Council that I have done everything in my power to support his Majesty's authority. A few Exemplary Punishments in my opinion will effectually suppress this seditious Spirit in the City of New York; but it cannot be done in the present state of the Courts of Justice, tt I fear not without Military assistance. A few Men in the City laid the Plan, & excited the Spirit I believe not above half a score tt one half of them Lawyers. Men, who on other occasions, 'are far from being in the esteem of the People. One thing is most certain that if we be not brought to a just submission to authority, we shall become a most unhappy people tt be useless to our Mother Country. I am confident from the Knowledge you have of the People in this Place, the most prudent use will be made of what I now write. I am with the greatest Respect and affection, Sir, To The PIonble Ls. Fd. Cary, Major to the 60th Regiment. Spring Hill, Jany 14th 1766 Sir, I have the honour of yours of the 10th which I re ceived after I had wrote my Letters to go by the Packett. I am obliged to you for your kind proposal, THE COLDEN PAPERS. 93 but I have a delicacy at this time after receiving such' public Insults, which hinders me from joining in it. No doubt I wish to retire, as most proper for me at my age, but I wish to do it with some dignity. Your pro posal cannot be entered upon without participation of the Secrettary of State, who nominates to such offices, tt how this can be done with a proper decorum at this distance I know not. I shall expect answers to my Letters in May next tt not sooner, after that time we may talk more freely on the subject. In the meantime the proposal shall be kept secret. My son David is privy to all my Concerns none else shall know anything of it, tt I do not doubt of his secresy. I have the hon our to be with great Regard, Sir, To His Excellency Sir Henry Moore, Bart. Spring Hill, Feby 18, 1766. Sir, This Day I had the honour of a Letter from Secret tary Conway of which I inclose a copy for your Excel lency's information. My son is to be in Town next Saturday, and by him I shall send the Original that you may compare it with the copy. Your Excellency, I believe, is well assured that it was not in my power to put any part of the act for a Stamp Duty in Execu tion, tt therefore I did not apprehend that I should be blamed for saying I would not do what was not in my power to do, tt I hope your Excellency will enforce this Excuse. I shall be extreamly willing and ready to give you all the information I can. By this time you know the disposition of the Gentlemen of the Council ; and that I had not one of them to assist me in favour of the act. I am likewise perswaded that before this time you may- have discovered that the Judges were so far from assisting me that they laid every difficulty in my way, 94 the colden papers. tt I may add that you'll find few Men who have any esteem either of their Judgment or Integrity; I mean Horsmanden and Smith. Pray put the Question prop erly without shewing a design to any you confide in. The weather is such that I cannot, at my age, travell so far as New York, without evident danger to my Health — Please to excuse my not waiting on you as otherwise I should. I am with great Respect, Sir, Copy of Mr Secretary Conway's Letter to Lieuten ant Governor Colden. St. James's December 15, 1765. Sir, I have Received your Letter of the 5th November by Major James, and that of the 9th of the same Month by the Packett, wTith the Minutes of the Council of New York from the 31st October to the 6th. November; all which I immediately laid before the King. His Ma jesty was extreamly sensible of the Delicacy tt diffi culty of your situation, and very willing to make every possible allowance, and to suppose it owing more to necessity than want of firmness in you, that the unjus tifiable Demands of the People met with so much com pliance : the unanimous advice of the Council, and the concurrent opinion of the Commander in chief of his Majesty's Forces are a stronger justification of your surrenclring the Stamps to the Majestrates than any Argument, which suggests itself at this distance; but there is one circumstance in your conduct, Avhich neither his Majesty nor his servants can at all approve, Avhich is, that you should upon any perswasion have been in duced to a declaration and promise of takeing no step till Sir Henry Moore should arive. It is not compre hended upon Avhat principle you could take upon you thus to suspend the power of Gov* till the arrival of the Governor; the power tt authority of GovernmSvas THE COLDEN PAPERS. 95 certainly fully tt completely in your hands ; if cir cumstances made it impossible for you to execute your power in any Instance, Impossibilities are not expected from any Man, and such circumstances would have ex cused your not having done any Thing ; but I do not see howyou can justify your promise of not doing any Thing, till Governor Moore arrived ; whenever that happened your authority ceased, and you could do nothing; so that in fact you engaged that you yourself Avould never act; which it is conceived, without Instructions from his Majesty, you had no Right to do; and considering too that in the Council of the 31st October you had solemnly engaged to do your utmost for the observation of the act, it will require very strong Reasons indeed to justify your engaging yourself, within a few days after, to do nothing towards the execution of that same Act ; when a change of circumstances might make it practi cable. From your last Letter I have hopes, that time will produce a Recollection, which may lead those unhappy People back to a Sense of their Duty ; and that in the mean time every proper tt practicable Measure will be taken to awe that licentious Spirit, which has hurried them to these Acts of Outrage tt Violence, equally dangerous to the sober and well disposed part of the People, the Ease tt Quiet of the City, and subversive of all order tt authority among them. Sir Henry Moore will be certainly arrived before this reaches you* It is therefore expected, Sir, from your knowledge of the Country tt People that you should inform the new Governor of everything necessary for his knowledge, respecting as well the State of Things, as the Characters tt Disposition of Men in that Country : and in regard to what you particularly mention of those employed in the principal offices of the Law, he will see that, by his Instructions, he is empowered to suspend Members of the Council and Officers of the LaAv, who shall appear to deserve it ; being in that case only ob liged to send Home immediately the Reasons and 96 THE COLDEN PAPERS. Causes of such suspension. It is not improbable, that such times as these, may require the Exercise of that power; as it is not doubted the Governor will use it with discretion, so it is expected, he should not want firmness to use it boldly wherever it may seem usefull to the Kings Service, & the Public Peace. I am with great Truth tt Regard, Sir, Your most obedient hum ble servant, H. S. Conway. To His Excellency Genl Monckton. New York: Febry 21st 1766. Sir, When I received the honour of your -most oblidging Letter informing me of your Resignation of this Gov ernment, the public Affairs were in such disorder, from the dislike the People had conceived of the Stamp Duties, that I delay'd answering it till after Sir Henry Moore's arrival, I thought I could not write without mentioning of them, but when I attempted it, I found' I must run into a longer detale than could be agreeable to you. This is truely the reason of my delaying to acknowledge the honour you have done me in approving my conduct towards yourself. The last years Accounts in the Secretaries Office were not made till a few days since. My son goes at this time to Town to finish with M1' Watts. Sir Henry Moore is not in an agreeable situation. The disorders still continue, tt it is not in his poAver to suppress them. I am in the country in hopes of pass ing the little remainder of life at ease. If I preserve the honour of any degree of your Esteem, I shall think myself happy. I have the honor to be with the greatest Respect THE COLDEN PAPERS. 97 To The Right Honble Henry Seymour Conway, his Majesty's principal Secrettary of State for the Southern Department. New York, Febry 218t 1766. Sir, I have the honour of your Commands of the 15th of December, I am extreemly sensible of his Majesty's great indulgence to my conduct, under greater diffi culties than any Governor ever met with since I knew America. I was the least apprehensive of blame in that circumstance of my Conduct which has happened to be chiefly blamed. It- often happens that when the reasons of Conduct are the most evident tt clear, we are apt to suppose them alike evident every where, tt therefore neglect to be sufficiently Explicit. At the time the Mob Demanded the Declaration from me that I should not distribute the Stamp'd Papers, they knew that no Man would Distribute Them, and that no Man dared to Receive a Stamp'd Paper, and therefore the Council thought I would be under no difficulty in saying I would not do, what it was not in my power to do. We had certain Advice that Sir Henry Moore had been above Eight Weeks at Sea, and his arrival might be expected every hour, I should therefore haAre been Esteemed extreamly obstinate, had I refused to quiet a dangerous Mob, at that time col lected in the Streets on so easy terms, as not to issue the Stamps before Sir Henry Moore arived : and what ever consequences had followed, I should have been loaded with the dangerous Reproach of having occa sioned it, by persisting to Act solely on my own Opin ion. My promise was founded of the supposition of the arival of Sir Henry Moore in a very short time : If any accident had happened to prevent his arrival, pn that supposition ceasing, the obligation of the Promise ceased ; and I believe no Man would have thought me perpetually bound by it. 7 98 THE COLDEN PAPERS. It is true that this Demand of a Promise from me was designed as an Insult on Government, for every Man knew that I could not distribute the Stamps ; & perhaps I had stronger reasons for submitting to that Insult than any other Governor has had. No man in the Administration would support me ; and a Govern or's authority must be weak when it is expected to be at end next Day. On the contrary I was inform'd, that some of the Council called me an obstinate old man, in opposing the violent spirit of the People as I had done, and that such an opinion was every where propagated in Town. My whole fortune was exposed to the Mob, and they openly threatned to destroy everything I had both in Town tt Country. My eldest son who lives in Town was obliged to bring all his household Goods tt Effects into the Fort, came into it himself for security of his Person and sent his Wife and Children on board the Coventry for their protection, tho' he had done nothing to incur the displeasure of the People. The Fort Avas not then in a sufficient state of Defence. No breastworks on the Ramparts to cover the Men from small arms, and the Council refused their advice to countenance the puting it in a proper State of Defence. It was after this that the breastworks were formed by the hard Labour of the whole Garrison, and the neces sary precautions taken against seting the buildings on Fire from without. It is true I had sufficient Force to disperse the Mob, but when neither the Council would advise nor the Magistrates ask assistance to do it, I must have done it on my single authority : the doing it might have been fatal to many innocent People, and I did not think it prudent to risque the dangerous Conse quences which might have ensued. Sir Henry Moore has done everything in his power to sooth tt quiet the Minds of the People, and yet since his arival, the Insults on Government have been fre quently and daringly repeated, of which no doubt he will particularly inform you. A Governor in chief just entered on his office, Avhen every one endeavours THE COLDEN PAPERS. 99 to gain his favour, must have more influence than a Lieut Governor at the time his Authority is expiring. I am now in the Country and cannot go to Town in this cold Season without evident danger of my health, at my age. I have sent the Governor a copy of your Letter to me, which I make no doubt will encourage him in his firmness. After the most serious Reflection I can make, I can not immagine that the Men Avho excited this violent seditious Spirit in the People ; some of them men of large Property, had f orm'd any Resolution to Revolt. Their design I believe was only to intimidate the Par liament into a Repeal of the Stamp Act. Some of thpm in Conversation haA^e mentioned this to me, and gave instances of several Laws which had been Re pealed to quiet the Minds of the People, after they had discovered their utmost dislike by Riots tt Tu mults. When in answer to this it was told them that, in the present case this would be renouncing the Sove reignty of Parliament over the Colonies, they did not seem to attend to it, because probably they do not dis like it. It is now' a question whether the Men who ex cited this seditious Spirit in the People, have it in their power to suppress it. - — • The seditious Spirit has not extended greatly into the Country. The City of Albany remained quiet, till after their Members returned from the Assembly. Then they excited most unaccountable Riots in that Place of which Sir Henry will inform you. From the Effects in the Colonies it is become evident, that the means of producing of them were concerted in the gen eral Congress "at New York in last October. -».-i - I am of opinion, Sir, with entire submission to better judges, that no great force may be requisite to reduce the City of New York to obedience. After the Fort shall be restored to the state it was in when I left it, I believe a Thousand Men may be sufficient. However it will be best to have such a Force as may destroy all hopes in Resistance. After such Force arives I am of 100 THE COLDEN PAPERS. opinion, if Proclamation be made that, all riotous as- semblys or open disobedience of the Laws will be Treated as Rebellion, the People will submitt Avithout opposition, tt the whole Province will follow the ex ample of the City. Now Sir, I write my Opinion more freely than I did while the administration was in my hands. My Thoughts were then continually interrupted by unex pected and striking Events. 1 have had now time to reflect more coolly, and Sir Henry Moore has had time to inform himself tt to correct where I may have err'd. He may likewise have received Lights which I did not, and therefore I think that I may more freely give my Opinion without danger of leading into mistakes. Be assured Sir that it is done with the utmost submission, and diffidence of my own abilities in matters of so great Importance. His Majesty's approbation of me as a faithfull Servant, tho' I may have err'd in some things, will make me extreamly happy in my old age, at the close of my Labours for I have strenuously en deavoured to perform my Duty. May I obtain some share of your esteem Avith the honour of being with the greatest Respect, Sir, P.S, Since I wrote what is above the inclosed News Paper* came to my hands, tt as it contains sentiments of the Opposition like to be made contradictory to mine, I am willing you should see them — in several in- ' stances it confirms what I wrote in my former Letters that the Lawyers were the original Writers of the in- flamatory Papers. This Printer has continually pub- lishd the most pompous accounts of the Riots tt In sults on Government. A most numerous Riot with shamefull Insults on Government appeared last Week. He has thought fit to give a very concise account of it. * Holt's Gazette of Thursday, Feb. 20th. THE COLDEN PAPERS. 101 To The Rt Honble Henry Seymour Conway. New York, February 22d 1766. Sir, After I had wr<5te my preceeding Letter, I received a Letter from my Son who lives in Town, whom I had directed to deliver my Letter, Avith a Copy of yours, as mentioned in my preceeding, from his own hands to the Govr. Sir Henry ask'd my son whether he knew the contents. He did not. After reading both Let ters to him, Sir Henry said this is the first scrip bf Paper he had received from the Lieutenant Governor, that he had desired a copy of his Letters to the Minis try, but that the Lieut. Govr had declined it and had only offered abstracts of them. He supposed the Lieut. Governor had been warm Avhen he wrote. This oblidges me Sir to give you the trouble of some partic ulars I did not intend. The Day on which Sir Henry arrived the Assembly was to have mett. In order to enter into some discourse with him on the state of the Province, I shewed him the speech I had intended to have made at the opening of the Sessions. He read it tt returned it to me without speaking one Word on the Subject. Some time afterwards without any previous discourse, he desired to have Copies of my Letters to the Ministry. The abruptness of the Demand surprised me, and after reflecting on some Persons I had seen as siduous with him, I declined to give copies, but offered him abstracts. After that I had no opportunity of free Conversation. He shewed such apparent neglect, both in Council and at other times, as could not but sha green a Person who had immediately preceeded him in the chief command: And haveing Ordered the Fort to be dismantled without consulting me, I thought it proper for me to retire to the country. I waited on him, told him the fatigues I had undergone both of Body tt Mind, made it proper for me to desire some ease, tt therefore if he had no further Commands, I 102 THE COLDEN PAPERS. Avas desirous to retire to my House in the Country, which was about 15 Miles from Town. My retireing seemed very agreeable to him tt I took my leave. I knew that his neglect of me might be of Personal use to him with the Assembly, and 1 was willing he should take the benefit of it without in the least opposing any of his measures. I flatter myself you will excuse this trouble which I would have avoided, if I had not thought that justice to myself made it requisite. I have the honor to be with the greatest Respect To Archd Kennedy, Esq Fort George, 2d Novr 1765. Sir, The Gentlemen of the Council are desirous that the Stamped Papers now in the Fort, should be put on board one of the Men of War — and I desire to know as soon as possible from you whether or not you will order them to be received on board. I have the honor to be Sir, Yr. N.B. This Letter is entered from Captn Kennedy's Copy of it, being neglected at the proper time. To Archibald Kennedy Esq. Spring Hill, March 28th 1766. Dear Sir, I hope the inclosed Letter will Answer all the pur poses you proposed, tt that nothing is omitted that you mention'd to me Avhile you Avas here, or in your Letter which I received since. I have lookd over the Copies of all my Letters tt I do not find that I have THE COLDEN PAPERS. 103 mention'd you or the officers of the Navy in any of them after that of the 26th of October, except one of the 6th of December to the Board of Trade in which I cursorally mention your declining to take the Stamps on Board the King's Ship, tt gave much the same rea sons for it that I now do to the Secrettary of State. So that the Paragraph whjch you have of my Letter of the 26th of October, is all that I have wrote relating to you, or the Navy, from that time to this. If it can be done I wish that you may take a Copy, of the Letter inclosed for your own use, & then have it seal'd with my son's Seal which is the same with mine, because my Seal may be known at the Secrettaries office, tt it may be taken amiss that it should be com municated to any Person before it is received. It will give me the ^greatest pleasure to do you or M18 Kennedy any serAace in my power while you are absent ; and I beg that you will freely command me. I heartily wish you a good voyage tt speedy return in good health, tt with success to all your wishes, I am with the greatest sincerity, Sir, To The Rt HonBU5 H. S. Conway, his Majs Princl Sect1 State. New York, March 28th 1766. Sir, I was extreamly surprised when Captn Kennedy in- formd me that he was superceded in his Command of his Majesty's Ship Coventry, on a Complaint of his having refused to take the Stamp'd Papers on Board at my Request. I did not mention Captn Kennedy's name or any thing of the Officers of the Navy in my Letters of the 5th tt 9th of November, which it is sup posed have occasion'd his Majesty's Displeasure. And in the Letter immeadiately preceeding of the 26th of October, you will find Sir that my Sentiments were 104 THE COLDEN PAPERS. very different by the folloAving Paragraph of it. I am the more particular in this account that you may have some conception of the difficulties I labour under from the toant of assistance where I have the best reason to ex pect it. At the same time I have the pleasure to assure you that the officers of the Navy and Army with great allacrity give me every assistance I desire. This letter went by Captn Dover of the Royal Artillery, in an Artillery Transport which I am inform'd did not arrive till some time after you had received my Dispatches of the 9th of November, in which the Minutes of Council were inclosed, tt which I suspect have given occasion to some mistake. In these Minutes, a Minute of the Common Council of the City is recited in which it is said that I was willing to deliver up the Stamps to Mr Kennedy, tt that he had refused their earnest Request to Receive them. It is true I should have yielded to the proposal of delivering them to Captn Kennedy had he consented to Receive them ; but as I did not think it necessary for his Majesty's Service or prudent for Captn Kennedy to receive them I did not at any time join in desiring him to take them. The Corporation sent some of their members to desire Captn Kennedy to receive the Stamps but I suppose he thought that he had no Connections with them. I have been oblidged to give you Sir, the trouble of reading so much writing, that I was unwilling to enter into a minute detail of circumstances Avhere I did not apprehend it to be necessary ; and I did not then im- magine the circumstances of Captn Kennedy's declining to take the Stamps, to be such. But now justice to him _ makes it requisite to trouble you Avith a minute detail of that matter. The next day after the Mob had insulted their Gov ernor, on the first of Novr in the manner set forth in my Letter of the 5th tt 9th of November, they Avere the whole Day collected in Bodies throughout the Town which seemd to be in the greatest Confusion tt Tumult. THE COLDEN PAPERS. 105 I call'd together his Majesty's Council tt laid before them the situation I was in and desired their advice, as appears by the Minutes of that Day. They unani mously agreed tt proposed to me as an Expedient which in their opinion would entirely quiet the Mob, that I should declare that I would not distribute the Stamps or act further till Sir Henry Moore arived who was then expected eA^ery hour. They insisted that I could in no manner be blamed for declaring I could not act in a matter in which every Man knew it Avas not in my power to act, as no Man would or durst re ceive a stamp'd Paper. It was now near Night tt the Mob was become very numerous and Riotous. I Avas pressd to Pacefy the People, tt the strong desire I had to deliver up the Administration in quietness to my Successor with other Reasons that I have men tioned in my Letter to you Sir of the 218t of February, induced me hastily to Comply with the unanimous Advice of the Council — who went out instantly to the Mob tt declared to them what I had agreed to, on which a general huzza was given, tt they dispersed in all ap pearance Avith satisfaction. I am confident the Peace of the City would have been restored by this Conces sion had Peace tt Quietness been consistent with the purposes of the Directors of the Mob, which by the sequel it plainly appeared was not. The City remained quiet tt Easy one Day during which the Directors had found another Expedient to excite Tumults by making a Demand that the Stampd Papers should be sent on board the Coventry. Then I plainly saw their Intention that no yielding would sat isfy them, tt that it only served to increase their De mands tt Insults. However I was desirous that the whole load should not lye on my shoulders, tt I calld the Council in hopes they would assist me by takeing some share of it, when I told them plainly what I thought were the intentions of the present Riotous pro ceedings, but I was disappointed, they advised me to write to Capt" Kennedy to receive the Stamps. 106 THE COLDEN PAPERS. In my Letter to Captn Kennedy I mention'd the Re quest of the Gentlemen of the Council that he would receive the Stamps on board, in order to quiet the minds of the People. I did not join myself in the re quest for the following Reasons : 1st I thought the Stamps at least as safe in the Fort as in his Ship tt that the Demand to have them sent on board the Coventry, was for no other purpose than to insult the Government. 2d I suspected that one vieAv in desireing the Stamps to be sent on board the Coventry, was with the hopes of haveing them delivered up by Captn Kennedy, to preserve his private property in the City, which was considerable tt which otherwise the Mob Avould destroy. I was confirmed in this suspicion when a Gentleman who came into the Fort Avith others who came to per suade me to send the Stamps on board the Coventry, openly said that he would sooner loose his right hand than advise Captn Kennedy to receive them. I knew he was Captn Kennedy's friend, tt I believed that he was in the secret of the Directors of the Mob. I could not therefore desire Captn Kennedy to do a thing which I believed would bring ruinous distress upon him, when the Public Service tt his Duty did not require it. Lastly, the Stamps could not be so safe on board the Coventry as in the Fort. The Winter approached, when the Ships must be brought to one of the Warfs in the Town, her Guns must be put on Shore, tt the Officers could not prevent the Men from leaving the Ship, or from being seduced by the People of the Town — it is well known Saylors easily may be seduced. Capt" Kennedy in his answer did not absolutely re fuse to take the Stamps on board, but gave reasons why he thought it unnecessary, and the Gentlemen of the Council did not advise any reply, or farther Requisition of him. They even desired that no Minute might be made of their Request, Avhich as the Motion had come from them I consented. The Opinion wThich I had conceived of the purpose THE COLDEN PAPERS. 107 pursued by the Directors of the Mob, is strongly con firmed by what has happened since the arrival of Sir Henry Moore. He has yielded every thing in order to quiet the Minds of the people, tt notwithstanding of this Riots tt Mobs have continued frequent tt as much insulting on Government as ever. The only difference is, they are. not directly personally against him, as they were against me. I flatter myself you Avill, Sir, excuse this trouble, which I think in justice to Captn Kennedy, an honest Man cannot avoid, but it is done with humble submis sion by, Sir, To Sir Jeffery Amherst. Spring Hill, March 31, 1766. Sir, The Bearer Mr. Amos Ogden must be so much bet ter knoAvn to your Excellency, for his Military Services under your Command, than he is to me, that it is' quite unnecessary for me to say anything on that Subject : but as he is A^ery well recommended by several Gentle men in New Jersey, as a Man of cool Courage tt good Character, and really deserving encouragement, I could not refuse his request that I would give him a Letter of Introduction to you Sir. None of the Provinces have given any kind of Support or Gratuity to the officers who served in their Troops, after the service Expired. When a Man has spent the vigour of his youth tt the strength of his Constitution in his Country's Service, he has a right to expect a Recompence ; but nothing of that kind can be obtained here. I am humbly of Opinion that this Gentleman's obtaining some Recom pence in England at this time, must greatly encourage others to exert themselves in his Majesty's Service. 108 THE COLDEN PAPERS. To Major Thomas James. Springhill, May 1, 1766. Dear Major, I have your kind Letter by the Packett, Goodrige, Avhich you forgot to date. Among many unexpected things, which you tell, one I could not have believed, without the strongest authority, that any Man in Par liament did justify the proceedings of the Americans in Opposition to the Stamp Act. This must make strong impressions on our Minds at all times. Indeed I did not immagine that the Stamp Act would have been Repealed without enforcing a previous Submis sion, because I believed it would give such a shock to the Authority of Parliament over the Colonies, as would certainly be avoided. I find I haAre mistook greatly, and in this, as I have at all times, I submitt to the Wisdom of my Superiors. I have endeavoured to do my Duty as a faithfull servant, and I flatter myself that no instance can be given to the Contrary. As to my conduct in priATate Life, I dare challenge all the World. I knew well that I had excited the utmost Malice of some of the Lawyers ; but this Avas far from creating any dislike to me among the People of the Province, and all the wicked Artifices of these Men were not able to produce any Effects on the Minds of the People, to my prejudice, till they took advantage of the general fer ment against the Stamp Act. It must greatly affect an honest Man, conscious of his own Integrity, to hear a Question was put in the House of Commons, Avhether he was not universally Disliked. It might have been Expected that in the highest Court, prejudices Avould not have been Entertained against a Servant of the Crown, without clear Evidence. The officers of the Crown cannot Judge of an Act of Parliament otherwise than to yield obedience to it. To say an Act of Parliament is illegal, seemd to me a J THE COLDEN PAPERS. 109 contradiction in Terms. For this Reason whatever the Parliament may think most prudent on this occasion, I am confident the Ministry will not allow the King's Servants to suffer for performing their Duty. Both Justice tt good Policy require they .should not: for this Reason I cannot doubt' your sufferings will be made up to you, so as to encourage the King's Servants to perform their Duty against the Opposition of any dangerous tt Seditious faction, which may at any time arise. It will give me great pleasure to hear that you have received an addiquate Recompence for all your Sufferings. Allow me to put you in mind of your kind promise of writing to me by every Opportunity, tt if you are desirous of hearing from me, let me know how to di rect for you. Make my Compliments to Mrs. James in the best manner you can from a very old Man. May the disappointments of her amusements in her Gardens at New York, be made up to her in more essential Pleasures. I am with the greatest Esteem tt Regard, Dear Sir, To His Excellency Sir Henry Moore, Bart. Spring Hill, June 16th 1766. Sir, Yesterday a printed Copy of your Excellency's Speech to the Gen1 Assembly came to my hands, in which you recommend to them to make full and ample Compensation to the sufferers for their Goods tt Effects destroy'd by the Populace. As it has been usual, tt the Assembly may expect that all accounts to be paid out of the public money be laid^before them by the Governor, it is become incumbent on me to beg the fa vour that your Excellency may please to lay before the xlssembly, the Demand of Payment which I think I have a just right to Expect. 110 THE COLDEN PAPERS. It is notoriously known that my chariot was burnt on the first of Nov1 last. At the same time I. lost the furniture of my Stables tt other things of which the account is inclosed, amounting to £195, three shillings. The Assembly at their last session did not provide for my Sallary from the 1st of Septr to the time your Excellency arived. I must entreat your Excellency to recommend to the Assembly to make provision likewise for that Service. I cannot doubt of your using your utmost influence to have justice done me. I have the honour to be vrith great Respect To Sir Jeffery Amherst, Knight of the Bath. Spring Hill New York June 24, 1766. Dear Sir, My most gratefull thanks attend you for your very kind favour of the 28th of March, informing me of the uncommon concern tt trouble you have had for my In terest. This makes the strongest impression at this time, Avhile I have the malice of a virrulent Faction to struggle with, tt while I have nothing in my power to return, but a most gratefull Remembrance (whatever the issue be) of your unmerited Friendship. 1 have this comfort that in my public Conduct I have not been sway'd by any private view. I have only pur sued what I thought my Duty required of me. I may have err'd in Judgment, but as yet I have not discoAT- ered any Error to the prejudice of his Majesty's Ser vice, or of the true Interest of the People avIio were committed to my care. From the numerous instances of Regard which I have received since I retired, I flat ter myself that many in this' Province do me justice not withstanding of the tumultuous appearance to the con trary. Sir Henry Moore in his Speech, at the opening of the present Session of Assembly, by his Majesty's Command THE COLDEN PAPERS. Ill required the Assembly to make ample compensation to the Persons who had suffered by the late- Riots, pursu ant to the Resolution of the House of Commons" of Great Britain for that purpose. I laid before them an account of what I had lost by the Riot on the 1st of November amounting to £195.3 — -the Loss tt value ascertained on Oath. The Assembly haveing refused to make me any recompence, I have by this opportunity made my complaint to Mr Secrettary Conway, in hopes that, by this Refusal, his Majesty may be induced to give me recompence in the manner which I formerly prayed, tt which would be much more agreeable to me than to receive the recompence from the Assembly. The Sallary detain'd from me, with my loss by the Riot, amounts to £595.3. I take the liberty to inform you of this Sir that if you think proper, you may take the time when my Letters are received as a proper oppor tunity to use your good offices in my favour. T" The Merchants in London have wrote numerous Let- j \ ters to their Correspondents tt even to all the Preachers among the Iudependants (it is supposed at the desire of the Ministry) to persuade them to submit to Parlia mentary Authority. From what appears in the Trans actions of our assembly, tt from what I can learn with- ^^-put -JlkiQrgJtjwill. „be without Effect. They seem to be more confirm'd in their Sentiments of Independency on the British Parliament. So far as I can judge it would have been much more easy to have enforced obedience to the Stamp Act, than after the Repeal to establish (due obedience to the British Legislation. All legal au thority has been so much trampled under foot that the Men of Property begin to be apprehensive of themselves. Numerous tt tedious ruinous Lawsuits haA^e subsisted many years in some Counties. Now the poor People attempt to do themselves justice by Riots tt Mobs. Some of the chief promoters of the licentious Spirit inj the City suffer by the Riots in the country. The GoA^er at their desire has applied to the General for Militaryj Assistance. If they find themselves unable to subdue 112 THE COLDEN PAPERS. the licentious riotous spirit which they themselves have raised, they will with all humility submit to the au thority of Parliament. I am persuaded that nothing but Fear on one hand or other will induce them to it. s The Government of New York you know Sir, deserves the greatest attention of any on the Continent. The Governor is left to depend on the annual Grants of the Assembly for his Daily Bread, tt care is taken to make him sensible of this. Sir Henry Moore very soon per ceived this. He openly caressed the Demagogues — Put on a Homespun Coat, the Badge of the Faction, tt suf fered the Mob to insult the officers of Government with out interposing. He went in Person to the Coffee House to publish every Piece of News which he thought would please them, tt it plainly appears from his Speech that he is more carefull not to displease the Assembly, than to enforce the Resolution of the House of Com mons. I Avas in hope that out of Regard to the Person who immediately preceeded him in the chief command, he would have particularly recommended my case for Relief. I desired it of him by Letter, but Avithout effect. I was so impolitic as to make my duty the only rule of my Conduct. He and I will be striking Exam ples to future Gov" not soon to be forgot. It is a great happiness to me, Sir, that I can open my breast to you on a subject that may not be proper to mention to others. If this insulting Refusal of the Assembly to do me justice, have not the Effect of procuring me a recom pence from the King, I shall give up all hope of Re dress. You will Sir soon be able to inform me Arliat I am to expect, tt I must earnestly intreat you to free me from the disagreeable State of doubting tt hopeing, as soon as you can. While the officers of Government avIio endeavoured to support the Laws, meet Avith every discouragement from the Gov1 as well as from others^the Gov1' courts the favour of those Avho.are known to be the authors of the late Riots, by lavishing Grants of large Tracts of THE COLDEN PAPERS. 113 Land to them. Tt is too true that the Governors of New York generally have made use of the power of Granting Lands with view to their own private In terest only. From this the King's ReA^enue of his Quit rents in this Province are so inconsiderable while the Proprietors of Pensilvania tt Maryland receive so great Revenues from the Quit rents of their Lands. The power of granting Lands in these Proprietaries is by distinct Commission from that of the Governor, tt the Persons intrusted are under special Regulations. A Planl may be concerted by which the Revenue of the Quit rents would become sufficient for the whole Civil List of this Government, tt at the same time the cultivation of the Country greatly improved. Nothing can excuse the trouble which I give you Sir, but the Sentiments of your generous friendship strongly impressed on my Breast. Whatever be the Event the esteem tt gratitude cannot be lessen'd with which, Sir, Yr most oblidged and faithful Servant To the RT Honbls Henry S. Conway, principal Sectt of State, New York June 24t]1 1766. Sir, The Governor in obedience to his Majesty's Com mand haveing laid before the Assembly of this Prov ince the Resolutions of the House of Commons of Great Britain for the payment of losses any person has sustained in the late Riots for his deferrence to the acts of the British Legislature, I sent in an Account of things I had destroyed by the Mob in the night of the first of November last when they broke open my coach house tt burnt my chariot ttc. The loss tt the value of things were proved by my son's Oath, amount ing to the sum of £195. 3. Major James had Petitioned to have compensation for his losses, sustained at that 114 THE GOLDEN PAPERS. time, tt his petition being referred to a Committee of the whole House, my Account was referr'd to the same Committee, together with the accounts of some other Persons, who sufferd at the same time by the Mob. The method the Assembly has taken of refuseing any compensation to me, is by the Committees passing my Demand over in silence tt reporting in favor of the others. It is probable they did not think it prudent to enter on their Minutes a direct negative to a Reso lution of the House of Commons of Great Britain, Avhile at the same time they Resolved to pay no Re gard to it so far as relates to me ; and I am assured this is their Resolution. The printed Journal of the Assembly is enclosed, from which you may Sir be more particularly inform'd, tt see that even the Reso lution of makeing Compensation for Major James's loss, was carried by one single vote. In my Letter of the 14th of January last I inform'd -you Sir that the Assembly had designedly neglected to Grant me any Sallary from the 1st of September to the 13th of November, the Day when Sir Henry Moore ar rived. That the Sallary for that time amounts to £400 currency. So that the Avhole of my sufferings for my deterrence to an Act of the British Legislature amounts to £595 : 3 : 0 : current money of this Province. I know of no method of compelling the Assembly to do me justice in pursuance of the Resolution of the House of Commons of Great Britain but by Act of Parlia ment. It Avill in some measure appear from the assembly's address to the Govr how unwilling they are to acknowledge the authority of Parliament in the Colonies : tt this authority is acknowledged in the Councils address in very indetermin'd Terms. I believe. Sir that you will not think it prudent to enter into a Dispute of such Consequence as the extent of the authority of Parliament in the Colonies, on a subject of so little Consequence as the Compensating of my losses on this occasion ; at the same time I flatter myself that his Majesty will be of Opinion that THE COLDEN PAPERS. 115 in justice I ought to have my Losses Recompenced, tt that it will be of encouragement to his Majesty's Servants in the Colonies that I do not suffer, but re ceive some public Reward for adhering to my Duty, especially in a case where I clearly saw that by doing so I must greatly prejudice my private Interest in this Country. For these Reasons I humbly intreat that you will please to lay my Case before his Majesty, tt that you will allow me to renew my former Request of haveing my losses Recompenced by a Pension. It may be done out of the Quit rents of this Province without any prejudice to prior appointments. This method of recompencing me I humbly conceive will be most consistent with his Majesty's Honour on this occa sion, tt will be most agreeable to me. I am now in my 79th year of my Age, tt it cannot be of long continuance. I inclose likewise a Printed Proclamation * from which the Sentiments of People in power may be dis- \ cover'd. The owners of the great Tracts of Land have; for several years past harrassed the Farmers in their neighborhood with expensive tt ruinous Lawsuits.! Differences have likewise arose between some of the Landlords tt their Tenants. Some of them were com-| mitted to Jail — Others takeing advantage of the licen- \ tious Spirit every where propagated, collected in great numbers, broke open one of the Jails set their Associ ates at Liberty, tt threaten'd the Persons tt Effects of some of these Landholders. On Complaint several of these Riotous Persons are by Proclamation declared Traitors, tt the 28thRegiment as I am told at the Gov ernor's Request is sent to suppress them. I am far from justifying these riotous Proceedings; I only ob serve the difference of Sentiment tt zeal in this case tt in others where the authority of Parliament was con temned, tt the Kings authority was continually insulted, for several months together by most dangerous Riots * Proclamation of Sir H. Moore, declaring that— Pendergast and six others had committed high Treason & offering £100 for him & £50 for each of the others. 116 THE COLDEN PAPERS. without the least attempt to suppress any of them but rather with public applause. As it must naturally be thought that this Resent ment in the Assembly against me, must arise from sig nal misbeheavior in my administration I beg leave to say that only one thing has ever been alledged against me, and no other 1 can confidently assert can be. It is this. An Appeal was brought before me tt the Coun cil from a Verdict tt judgment of the Supreme Court of Common Law in this Province, in pursuance of his Majesty's 32nd Instruction. I supported in my Judge ment the right of appealing as to the whole Merits, tt that the intention of the Instruction was such against the Opinion of the Judges, and of all the Gentlemen of the Council. Nevertheless I submitted to the Judge ment of the Court : but as an Appeal from the Judge ment of the Governor tt Council was carried to the King in Council, I thought it incumbent on me to give the Reasons of my Dissenting from the Opinion of the Council in my Letters to my Lord Hallifax tt to the Board of Trade. The Judges assert that no Appeal can be made from the Verdict of a Jury. If this be the case, the Right of appealing in every case may be defeated. The Jury may in every case find generally Guilty or not Guilty, for the Plaintiff or for the De fendant; and in Cases where the King is concern'd such general Verdicts may be encouraged by the Court. In such Case no Error can be Assign'd against the judgement, tt it must be final in the Colonies. As the King's authority tt the Rights of his CroAvn, are only secured by his Courts of justice, it is evident that Avith- out an Appeal to some Court in Great Britain, the au thority and Rights of the Crown in the Colonies may become precarious tt likewise Dependency of the Colo nies on the Parliament. I may have erred in Judge ment very innocently, but I haAre good reason to think I ha\Te not, since the King by his Order in his Privy Council of the 26th of July last has confirmd my judge ment. The present Spirit which so generally prevails THE COLDEN PAPERS. 117 in the Colonies too clearly shows the reason of the great offence taken against me on this occasion, by the present Demagogues, but I flatter myself that this will be so far from doing me any prejudice in his Majesty's Esteem, that it will recommend me to his favour. The right of appealing on the whole Merits appears to me so necessary for securing the Dependency of the Colo nies tt the Rights of the Crown, as well as private Property against powerfull Combinations, that it well deserves the interposition of Parliament if it should be thought necessary for confirming it; and I hope this will excuse me for entering again on this subject after what I have wrote formerly on the same subject. Allow me in the last place to entreat your good of fices with his Majesty in my favor, tt that you'll please to let me know the Kings pleasure thereon. I have the honor to be with the greatest Respect To ME Peter Collinson, London. New York, Septr 12th 1766. Dear Sir, I have your kind Letter of the 16th tt 17"1 of May, with a Post Charriot from on board the Hope. There is not a handsomer in this Place, tt I am perswaded the work is good. I was displeased with myself that I had not desired you to Insure, tt I am obliged to you for makeing up that Defect, tho' it has come safe. Sir Jeffery Amherst's Letter to you shews how mudh I am oblidged to him for his Friendship. On the 24th of June I inform'd the Secrettary of State, that the Assembly of New York would not Grant any Recom pence for my loss tho' they amount to £595. 3. 0. At the same time I wrote to Sir Jeffery on the_ same sub ject ; but I could receive no answer at this time. I still hope the Ministry will some hoAv recompence me. Please to let Sir Jeffery Amherst know by a Line that 118 THE COLDEN PAPERS. you will pay any Expence that may be necessary for obtaining the King's Warrant for that purpose, & de sire his directions in employing a proper person to take it out if it be granted. You have my dear friend, my Interest on all occa sions so much at heart, that I cannot sufficiently express my Gratitude, as it never can be in my poAver to return it. The public affairs in this Province are far from being settled. Our present Governor acts odly, tt'does not please those whose favour he courts. A general diffidence is entertaind of him. I am with the highest Esteem, Yr most To Sir Jeffery Amherst, Knight of the Bath. Spring Hill, Nov1 10th 1766. Sir, I am so much con\dnced of your generous friendship, that I am perswaded that the only reason of my not receiving some notice of the good effects of it, must be from the difficulties you have met with in your sollic- tation in my favour. Being conscious of the disin terested motives of my Conduct in that part of my Administration which has excited the malice of a most daring faction, their success to my prejudice, while I am neglected where I expected Approbation and Pro tection, must affect me greatly. I am sufficiently sen sible of how little consideration I am personally ; but in my public Character I expected some regard both from Justice and good Policy. While I Avillingly gave up my private Interest, I cannot, on the strictest re flection, charge myself with any neglect of the public Interest, or that I did anything Avhich could have been prudently omitted without neglect of my Duty. As we are well assured that many Papers published in New York to my prejudice, have been transmitted to Persons of distinction in England, my children have THE COLDEN PAPERS. 119 earnestly pressed me to vindicate my character from the Calumnies so publicly tt industriously propagated, tt my Friends have likewise advised me to it. This induced me to send by Captain Montressor, a brief account of my Conduct, in those parts of my adminis tration, which have been found fault with, to Mr Col linson; and I now give directions to have a small number printed and distributed, in such manner as may be thought most proper, to vindicate my character in England as well as in America. Particular care js taken to avoid offence to any Ministry either past or present. I think it incumbent on me Sir to inform you of this because I should have been extreamly glad to have had your approbation before it was done ; but I know not how improper it may be to desire it, at this dis tance. I flatter myself it will give you some pleasure to see me entirely cleared from every aspersion. When this is done, you may more freely use your Interest in1 my favour : tt I may with more confidence assume the honour of being with the greatest respect, Sir. To ME Peter Collinson. New York Nov1 10th 1766. Dear Sir, I hope you will have received my Letter by Capt11 Montresor, an Engineer in the Army, before this comes to your hand. By him I sent a vindication of my Conduct in the Government of New York, in the parts of it which have been blamed, which I propose to have Printed for my vindication. I delayed giving par ticular directions for this purpose in hopes of hearing from Sir Jeffery Amherst by the Packett, but am dis appointed, and as I have not the least doubt of his Friendship I think the publication the more necessary. I think it will not exceed four sheets in Print and per- 120 THE COLDEN PAPERS. haps may be contained in three. One hundred and twenty Copies to be Printed of which twenty to be sent to me by the first merchant Ship. Please to give particular direction for the care of them, & direct them put up in a Packet to my Son Alexander. On the other side is a List of Members of Parliament to whom I immagine it may be of use to send each one copy put under Cover, directed to each of them by his proper Designation, without mentioning any office he may hold, to be left before Noon at his town resi dence which may be learned from the Court Cal endar. I suppose you can agree with the Printer to have all this done by his Servant or in any other manner you shall think best. Please to add any other names that you may think proper. Please to take what remains into your Custody for any use you like best, I shall be glad that any Person you value may retain a good opinion of me, tt Dr Fothergill among others. If any proper opportunity offers I am desirous that a Copy be sent to the Revd Doc1 Robertson, Principal of the University of Edinburgh. The best time for distributing of them I think vrill be soon after the meeting of Parliament. But in first place before any be distributed I must beg the favour of your sending three Copies to Sir Jeffery Amherst, to be left at his house near Whitehall with a Line from you that you send them to him at least a Week before any other are distributed. This I propose to you that in case he think proper in any manner to interpose or direct you may have a proper regard to it. The expence to be out of my money in your hands. You have in every instance shewed such regard to everything which concerns my welfare or Reputation that I am confident you will excuse this uncommon trouble which I entreat you to take to Avipe off the vile tt cruel aspersions of malicious men occasioned merely, without other Provocation, by my Adherence to my Duty in the Service of my King tt Country in op- THE COLDEN PAPERS. 121 position to iniquitous purposes prejudicial to the Kings Authority and the safety of the People. Had this been the case of a stranger your nature would have in clined you to take trouble to serve him after you had been truely inform'd of his Case, much more so to serve your most affectionately obliged friend, and humble Serv*. Sir Jeff. Amheest, 1st- LD Treasury, Chancellor of Exchr, Two Sect. State. Pre. of the Council. LD Chancellor LD Mansfield Earl of Halifax "WlNCHELLSEA Eglinton Temple CHATHAM Bute Gower Northumberland HlLSBOROUGH LD V. Townshend LD Lyttleton R. H. Sir John Curt R Ii. George Grenville R. H. Robert Nugent R H. Sir Gilbert Elliot of Minto Sir Charles Saunders, K.E. Thos Orby Hunter Hon. Archibald Montgomery LD Adam Gordon LT Col. James Pringle Sir Fletcher Norton DK Huck a Physician At this distance it seems uncertain who may be in the public offices, tt therefore their proper designations are not mentioned — But the copies are to be sent to their House in Town tt directed by their proper desig nation, not by that of their office. To William Nicoll, Esq, Speaker of the General Assembly. Sir, Spring Hill, Decr 1st 1766. Last Sessions of Assembly my Son communicated to you an account of the Loss which I sustained on the first of November 1765. He attested the account be- 122 THE COLDEN PAPERS. fore a Magestrate, and delivered it, in the manner you was pleased to advise. The account was received by the House of Assembly and referred to a Committee ; as appears by your printed Minutes. I did not immagine that anything more was expected of me, when no Order or Resolution had been made thereon. The reimburse ment of the Losses sustained at that time, I did not conceive to be made as on a Demand of a Debt due from the Province, but to be a free act of Gratitude to the Parliament of Great Britain, every reiterated application therefore, which might make the act of the Assembly appear less Voluntary, I suspect may be dis agreeable to the House. You know Sir, that in the last act for the payment of the Officers Salaries, no provision was made for my Salary from from the 1st of Septr to the 13th of Novem ber 1765, tho' all the other officers of Government have received their Salaries for that time. I know of no Case similar to this. I think the Salary for that time is a Debt justly due to me, and I know no reason why the payment of it is neglected. Please to Communi cate this to the House, and to let me know their pleas ure thereon. I am with great Regard, Sir, ttc. To The R. H. Earl of Shelburne New York, Decr 26th 1766. My Lord, In my Letter to Mr Secrettary Comvay of the 24th of June, I informed him that the Assembly in their Session in June last, would not recompense me for the Losses I sustained by the Mob, the 1st of November last year. They have again in their last Sessions re fused payment with the reason annexed, that I had brought them upon myself by my misconduct. However I can make no doubt your Lordship on considering my whole Conduct, Avill think otherwise : THE COLDEN PAPERS. 123 that I have done nothing but what my duty required of me. This patronizing tt defence of the shamefull insults on their GoATernor by a. savage Mob, in a man ner destructive of all Government, such as have rarely happened in any civilized Country gives strong proofs that the Riots tt Tumults which happened at that time tt continued for some Months after I had retired, were instigated and promoted by a dangerous Faction, which now leads tt directs in the House of Assembly ; and that they have not abandoned the views which they then had. As this Faction has and continues to asperce my Character by Calumnies repeatedly published, and have likewise propagated them by their printed Papers de livered by .their direction to Persons of distinction in London, I have thought it necessary at the earnest desire of my Children, tt by advise of my Friends to have a printed Narative of my Conduct delivered to his Majesty's Ministers tt to some other Persons of dis tinction, to whom as I am informed, the faction have endeavoured to give prejudices against me. His Maj esty's Ministers have formerly been informed of every thing contained in this narative, but as this was done of the several Matters separately, tt at distant times, I think it may be of use to them, to have the whole re duced under one view. My Duty required me to oppose the designs of this prevailing Faction which I am confident will appear from this Narative to be dangerous to his Majesty's Authority tt the Rights of his Crown in this Province tt that they likewise evidently tend to render private Property tt the Administration of justice precarious. This I did Knowing that the doing of it, unless I be supported by his Majesty's favour, must be extreamly prejudicial to my private Interest, tt of my family who must remain in this Country. I informed Mr Conway likewise that the Assembly had refused to Pay the Sallary which was due to me at Sir Henry Moore's arrival. Application was made 124 THE COLDEN PAPERS. again in their last Session. They, after referring the matter from one Committee to another, broke up with out doing me this justice. The method taken to deter the officers of the Crown from their Duty certainly deserves the attention of the King's ministers. Perhaps, no officer at this time, dare make a seizure in the Colonies where all restraints on Trade are unpopular ; tt where it may be in the power of a single Man, to set the Mob upon him. Your Lordship may believe that I am under much concern that my Conduct may appear to his Majesty in its proper light, for no Man (however I may have err'd in any particular instance) can have a more sin cere desire than I had to perform my Duty, while the Administration of Government was in my Hands. This emboldens me to entreat your Lordship's inter position with the King, for some instance of his appro bation tt favour, after haveing suffered so much by meer malice, as thereby the other officers may be en couraged in their Duty, at a time when such incourage seems necessary. Nothing can give me more pleasure than to know that I stand well in your Lordship's Opinion, tt that I may be allowed the honour of being, My Lord. To Sir Jeffery Amherst. Sir, Your uncommon friendship by endeavouring to ob tain some recompence for my Losses in his Majesty's Service makes it incumbent on me to inform you of every step I take. By this com-eya-nee I inform Lord Shelburn that in the last Session of Assembly I had reneAved my application for recompense of my Losses and for my arrears of salary. They haA^e uoav given an absolute refusal Avith this reason added in their printed Minutes that I had brought them upon myself THE COLDEN PAPERS. 125 by my misconduct. I suppose they mean that I had provoked the People, by puting the Fort in a Posture of Defense. Before the 1st of September the garrison consisted of a single Company of Royal Americans, which the General sent in at my desire, after every soldier which had been in Garrison were sent away on different services. While I was in the Country as usual during the Summer heats Major James, without my knowledge, introduced a number of Howitzers tt Royals, with their proper Ammunition, together with two Companies of the Artillery Regiment arived at that time from Eng land, and soon after all the Howitzers belonging to the Army were brought into the Fort. After the Mob on the lht of November, the Engineers were ordered by the General to put the Fort into the best posture of Defence, and all the officers then in Town except those of the General's Family were or dered into the Fort, and several Detachments of Private men came in at different times. The daily Guard con sisted of a Field officer, two Captains tt four Subalterns. The Barracks were so full that I was obliged to Lodge 30 Privates in my Servants Appartments, tt Lodge tt Entertain the Officers in my own House. At the same time I furnished the whole Garrison with fire wood tt Candles. This was an Expence of which I could keep no account, and I have made no charge of it. The General in this time made me a Visit, as I have no military skill I desired him to take the command of the Fort, which he refused, but afterwards desired me to have 60 Men in readiness to March out for his de fence in his House, being threaten'd by the Mob. I have not mentioned these particulars in any of my public Letters, being oblidged to write largely on mat ters which I thought of greater importance. There was Force sufficient in the Fort to suppress any Mob tt to keep the Town in obedience if it had been thought proper to use military force at that time. It is a very extraordinary Argument made use of by 126 THE COLDEN PAPERS. the Assembly that the taking the measures necessary for defence, should be thought a sufficient reason for all the riots tumults and mischiefs which ensued, tt this after the officers of Government were openly tt publicly threaten'd tt shamefully insulted in their Duty, tt the People by printed Papers repeatedly every dispersed were excited to take all power into their own hands. This Principle of the supreme Power of the People, in all cases is industriously propagated over all North America tt takes its rise from the nu merous sect of In dependants, of which Sect several of our principal Lawyers educated in Connecticut openly profess themselves. From this Principle the Assembly hav» refused to add a Clause to a Bill for emitting a paper Currency restraining the execution of it till his Majesty's pleasure shall be known, tho' they be ATery desirous of such an Emission. They have likeAvise ex pressly refused obedience to the act of Parliament for Quartering of Soldiers. Our present Governor is unwilling to appear in any thing which is disagreeable to the Assembly. His principal view is evident, and he loses his influence daily. By this Conveyance I inform the Earl of Shelburne of my having ordered a Narrative of my Conduct in the principal parts of my Administration to be Printed, and that Coj)ies be delivered to the King's Ministers that they may have under one view the several infor mations I had formerly given on different subjects New York, Nov' 12th 1770. Sir, My Affairs rendering it necessary for me to appoint an Agent in London, your Character and the small Ac quaintance I formerly had with you, induces me to apply to you to undertake my Business jointly with Mr Samuel Johnson (the Connecticut Agent) in case he Continues in London and will act for me to whom I now write for this purpose. Inclosed is a Bill for £200 Sterling drawn on Mr. George Boss agent payable on 30 Days sight which you will please to present for acceptance and keep the Money in your Hands to be disposed of as I shall direct. The Earl of Dunmore, Governor of this Province, since his Arival has demanded of me one half of All the Emoluments of Government received by me since the date of his Commission in January last. Every Lieut. Governor for fifty years past haAung been allowed to Retain the whole profits of Government from the Death of one Governor to the arival of another, I cannot quietly submit to this Demand: Especially I must be allowed by every Person ac- 236 THE COLDEN PAPERS. quainted with the affairs of this Government to have some claim to his Majesty's particular favour. The de mand made by Lord Dunmore would fix on me a mark of Disjdeasure which I cannot suppose to be intended by his Majesty. I have wrote to Lord Hillsborough by this Packet — the enclosed copy of my Letter to him will give you a more explicit account of the affair — But as Lord Dunmore has ordered the Attorney Gen eral here to file a Bill in Chancery (where his Lord ship is the sole Judge) against me it is very probable the Suit must be carry'd Home by appeal. This makes it necessary for me to haAre the ablest Council retained in England — You will please immediately to apply to Mr Wedderburn -and Mr Dunning and retain them both for me you will give them such Fee as is usual and inform them of the case in which I now ex pect to want their Assistance, and leave Avith them the inclosed Copies of Papers which will give them some Idea of the affair. It is not possible for me to write to them by this Packet. If any Thing should prevent these Gentlemen from undertaking for me you will please to advise with Mr Johnson and retain such other councill as he and you shall think most able and suitable. I have desired Lord Hillsborough to lay my Case before his Majesty. I wish you to advise Avith my Councell how you or they can obtain information of the Success of my Letter to his Lordship, and that you will from time to time Communicate to me any Intelli gence you may learn. It is very probable I shall by the next Packett transmitt a memorial to the King to be presented and supported by my Councill in case my Letter has not the Effect I expect. Yon Avill please to Avrite to me by the Packetts only and leave the postage to be paid here. You may depend on my allowing you generously for your Services and you are to pay M' Johnson whatever he demands. Please let me know from Time to Time what dis- THE COLDEN PAPERS. 237 bursements you make of the Money I now transmit to you. List of Papers sent toith this. Copy of Lt. Gov1 Colden's Commission. 93d Article of Instruction to Sir H. Moore. Ext. of Ld. Hillsborough Letter to Sir H. Moore. Declaration of King William 1698. L* Gov. Colden's Letter to Lord Hillsborough. To Samuel Johnson Esqr. New York, November 12th 1770. Dear Sir, A very unexpected Event here makes it necessary for me to have the assistance of a Friend in London. The friendship subsisting between your Father and me, and the Character it gives pleasure to hear you sustain leads me to pitch upon you for that Friend — Death having deprived me of my very worthy Friend Peter Collinson. I must therefore desire Sir that you will allow me to appoint you my joint Agent together with Mr. Arthur Mairs, formerly Sir Jeffery Amherst's Secrettary, now first Clerk to Mess'6 Cox and Drum mond, Agents. The uncertainty I am under that you now be in London, and that you will be fixt there for any Time occasions my likewise imploying Mr. Mairs, to whome I transmit a Bill of Exchange for £200. Stg out. of which I direct him to pay you whatever you demand for your agency, and I assure you Sir, I shall chearfully pay you generously. Now to the Business. The Earl of Dunmore soon after he arrived here, de manded of me a Moiety of all the Perquisites and Emoluments of Government, received by me from the date of his Commission in January last, to the day he arrived here and communicated to me an abstract of a Letter from Lord Hillsborough to him, authorising 238 THE COLDEN papers. such Demand. His Lordship founds this Demand upon a Declaration made by King William at the Treasury in 1698. The usage in this Colony which I can trace back with certainty for 50 years has been that the Lieut Governor or Eldest Councillor having the Com mand in Chief, during the absence of a Governor in Chief, who had been in the Province and in the actual execution of his office, did retain only one half of the Profits of Government, the other moiety going to such Governor in Chief. But the Lieut. Governors or eldest Councellors upon whome Administration has devolved by the death of the GoA^ernor in Chief, have retained the Avhole profitts from the Death of the Governor in chief, till another arived tt Avas Qualified here. This Usage is agreeable to the Commission tt instruction to the Governors of this Province. By the Commission the L* Governor or eldest Councellor is invested Avith all the power of the Commission in Case of the Death or absence of the Gov' in chief. By the instruction a moiety of the Sallary tt Perquisites is to be Paid to the Governor or eldest Councillor in case of the absence of the Governor in Chief, but this Limitation being not extended to the case of the Death of the Governor in chief plainly leaves the right to the Avhole Salary tt Profits in the L* Governor or eldest Councillor. Reason and equity confirm this usage. The Declaration of King William in 1698 now trump'd up is clearly obsolete — it has not been re newed by any of his successors and is not referred to in the Instruction, which is the only Signification we have of his Majestys Pleasure on this Head, at the same time that Declaration was made, as well as when the Instruction was formed, which is continuous to the Present time without alteration, a Fund was raised here and given to the King for the support of Govern ment out of Avhich the King fixt tt gave the Gov', his Salary. The Case for many years past has been Dif ferent. The Assembly grant the Salery to the Com mander in Chief by name from year to year. His Ma- ,_i THE COLDEN PAPERS. 239 jestyes particular Pleasure at this Time signified by Lord Hillsboroughs letter to Lord Dunmore, I am per swaded must have arisen from some misapprehension, for I am so conscious of having deserved his Majesty's favour both for my sufferings tt services, that I cannot suppose he would with design fix on me such a mark of Displeasure as this would be — to deprive me of . what every other L* Governor has enjoyed in similar circumstances. HoweATer Lord Dunmore thinks other ways, and has precipitately ordered the Attorney General to File a Bill in Chancery against me for recovering what he Demands. You know Sir the Governor here is the sole Judge in our Court of Chancery — His ordering a suit which is solely for his advantage to be brought for Judgment, before himself, is such an instance of Injus tice and Oppression, as must shock and alarm every , honest Man. I am determined to defend my Right and Propei'ty by every step which can be taken Here, but as no doubt his Lordships Judgment will go in favour of himself, I must seek Justice by Appeal. I have directed. M'. Mairs to retain M'. Wedderburn and M'. Dunning Councel for me and to give them a general Idea of the Case in which I want their assist ance You will please to advise and assist him immea- diately in this first part of the Business. I transmit several Papers to M' Mairs to be laid before my Coun cill which you will first peruse for your own informa tion. Among them is the Copy of a Letter I now write to Lord Hillsborough, the success of which I very much wish to know as soon as possible. And beg you would endeavour to Learn what you can about It. It is needless to repeat to you what I write to Mr Mairs, a mutual communication of my Letters will give you both the fullest information. I am much hurried to get what J. am now to send ready for the Packett. Be good enough to write to me by the Packetts, leaving the Postage to be paid here. 240 the golden papers. Province of New York. Court of Chancery. To His Excellency the Right Honor able John Earl of Dunmore, Captain General and Governor in Chief in and over the Prov ince qf New York, and the Territories depending thereon in America, Chancellor and Vice Admiral of the same. In Chancery. Filed 15th Nov. 1770 Smith 1 — pro Rege. Sheweth unto your Lordship, John Tabor Kempe Esquire, his Majesty's Attorney General of the Prov ince of New York, for and on Behalf of his said Ma jesty, that in the year of our Lord one thousand six hundred and ninety eight his late Majesty King Wil liam the Third was pleased to declare his Pleasure at the Treasury in England, relating to the Salaries of L*. GoA'-ernors or other Commanders in chief in the Plantations upon occasion of the Death or absence of Governors in the Words following, viz. ; Whereas his Majesty has thought fit, That, for the better support of the Government in the several Plantations a suffi cient allowance be set apart for such as shall be Lieu tenant Governor or Commander in Chief residing there for the Time being upon the Death or during the ab sence of a Governor in chief in Order wkereunto his Majesty is pleased to direct that one full Moiety of the Salary and of all Perquisites and Emoluments Avhatso- ever which would otherwise become due, or are allotted unto the said Governor in chief be paid and satisfied unto such L*. Governor or Commander in chief who THE COLDEN PAPERS. 241 shall be so resident upon the Place for his better Main tenance and Support of the Dignity of the Government. His Majesty is further pleased to declare and appoint that the said half salary shall not upon any account whatsoever be diverted for the future, from such L*. Gov', or commander in chief. And that the Gov1, in chief appointed or to be appointed for any of his Ma jesty's Plantations do not pretend to receive or take to himself upon any account whatsoever, any part of the said half salary Perquisites or Emoluments due or ac cruing to the said L* Gov', or commander in chief du ring the absence of such Governor in chief, or untill his arrival upon the Place, His Majesty likewise reserving to himself the disposal of the other Moiety of the said Salary from the date of the Commission of such Gov ernor in chief untill his actual arrival within the Gov ernment, and hereof an entry is to be made in the Books of the Treasury, and in other offices where it may appertain, as in and by the said Entry or a copy thereof nowT ready to be produced to this honourable Court may appear. And the said Attorney General for and in behalf of our said present sovereign Lord the King, further sheweth unto your Lordship that in consequence of the Regulation and Establishment here in above recited, our said Lord the King and all his Progenitors Kings and Queens of England and of Great Britain have in all their Instructions since given to their Captain General and Governers in chief of this Province directed according to the form and effect of the Regulation of his said late Majesty King William the third herein above set forth, and that among the said Instructions so from time to time given to every Commander in chief there was and is an Instruction of the same import with that hereinafter more particu larly set forth as one of the royal Instructions to Sir Henry Moore, Bar*, late Governor of this Province. And the said Attorney General for and in behalf of our said present sovereign Lord the King further sheweth unto your Lordship that his said present Majesty by 16 242 THE COLDEN PAPERS. his letters Pattent under the Great Seal of Great Britain bearing date the 19th day of July in the year of our Lord 1765 constituted and appointed Sir Henry Moore, Bar*, deceased his Captain General and Gover nor in chief in and over this Province of NeAv York, and the Territories thereon depending in America, in which said commission and all other Commissions to Governors of this Province heretofore given the Powers of Government in case of a Governor's death or ab sence are granted to such Person as shall be appointed to be Lieut Gov', and in case there be no L*. Gov', to the eldest Councellor or Person first named in the royal instructions accompanying the same Commission, which Commissioners do severally refer to the Instruc tions and command such L* Gov' or Commander in chief to execute the several powers and directions granted or to be granted by the Commission and the Instructions therewith given or by such further Powers, Instructions and authorities, as should at any time after be granted or appointed under the signet, Sign manuel, or by Order in Privy Council as by the same commission or the record thereof in the Secretaries office or a copy thereof to the Court here offered may more fully appear and for the better Regulation aud Direction of the said Sir Henry Moore in the Duties of his said office, his said Majesty Avas pleased to give unto him the said Sir Henry Moore certain Instructions under his Majesty's Signet and Royal Sign Manual bearing date the 27th day of November in the year of our Lord 1765, in which Instructions there is an article in Avhich it is contained in substance as follows — And Whereas We are willing in the best manner to provide for the support of the Government of the said Province by set ting apart a sufficient allowance to such as shall be our Governor, L* Gov', commander in chief or President of our council residing for the time being within the same Our will tt Pleasure therefore is when it shall happen that you shall be absent from NeAv York one full moiety of the Salary and of all Perquisites and Emoi- THE COLDEN PAPERS. 243 uments Avhatsoever which would otherwise become due unto you, shall during the time of your absence be paid and satisfied unto such Governor, Lieut Governor, Com mander in chief or President of the Council who shall be resident upon the Place for the Time being, which Ave do hereby order and allott unto him toAvards his maintain- ance, and for the better suppoit of the Dignity of that our Government, as by the said Instructions under the signet and royal sign manual or the Record thereof or a copy thereof to the Court here offerd may more fully appear. And the said Attorney General in Behalf of his said present Majesty further sheAveth unto your Lordship that afterwards viz', on or about the 13th day of November in said year of our Lord 1765 the said Sir Henry Moore arrived in this Province and pub licly notified his said Commission and being thereby legally invested Governor in chief of this Province of New York took upon himself the exercise of his said office and Place. By virtue whereof and of all and singular other the Premises the said Sir Henry Moore among other Things became liable and subject to all and every the Articles and Things in the said Estab lishment and Regulations contained and expressed. And the said Attorney General in behalf of his said present Majesty further sheweth unto your Lordship that the said, Sir Henry Moore departed this Life on or about the 11th day of September in the year of our Lord 1769, and thereby the command and gOAfernment of this Province devolved on the Honorable Cadwalla der Colden, Esq. who had before that time been ap pointed his Majesty's Lieut. Gov1 of this Province, who thereupon received the original Instructions given by his said present Majesty under his Signet and royal Sign Manual to the said Sir Henry Moore and well knowing the said Instructions Regulation and Estab lishment took upon himself the administration of Gov ernment and thereby also became subject tt liable to all and every the Articles and Things in the said Reg ulations and Establishment contained and Express'd 244 THE COLDEN PAPERS. and intitled to all and singular the Benefits and Ad vantages thereby provided and established for the Lieut. Gov1 and commander in chief of this Province that is to say to one half of the Salary Perquisites and Emol uments whatsoever accruing by or from the adminis tration of Government in this Province untill another Governor in chief of the said Province should actually arrive therein, and the other Moiety thereof from the date of the Commission of such Governor in chief un till his actual arrival Avithin this Government of Right belonged to our said Lord the King to be disposed of according to his Royal Will and Pleasure, the same nevertheless to be received by the said Lieut. Governor for the use of his said Majesty and to be accounted for by the said Lieut Goat'. as his Majesty's Bailiff Receiver or Trustee — And the said Attorney Genl. in Behalf of our said Lord the King further sheweth unto your Lordship that from the 2nd day of January last Avhich is the date of your Lordships Commission as Governor in Chief of this Province untill the 18th day of October now last past when your Lordship actually arrived within this Province the said Cadwallader Colden, Esq. continued as Lt. Gov' as aforesaid to Exercise the ad ministration of the Government of this Province and by virtue thereof during the Avhole Time last above mentioned hath received for the use of his said present Majesty and himself in the proportions aboA^e mentioned the Sallary .allotted for the exercise of the administra tion of the Government between the days last above mentioned and divers perquisites and emoluments also accruing and arising thereby betAveen the days last above mentioned to a very considerable amount and hath taken Securities for the payment of other Parts of such Perquisites and Emoluments to him and with part of the Money so received hath purchased divers large Tracts of Land in the Name of himself and others, and in lieu of other Parts of the said Perquisites and Emoluments accruing as aforesaid between the days last mentioned, hath taken in the name of himself or others THE COLDEN PAPERS. 245 Conveyances for divers other large Tracts of Land and further for divers considerations hath neglected to re ceive and hath remitted to divers Persons other Parts of the said Perquisites and Emoluments accruing and aris ing as aforesaid between the days last above mentioned to a very considerable amount. For one full Moiety of all and singular which said Salary Emoluments tt Perquisites Avhatsoever so by him received and secured and neglected to be received or remitted and of all and singular the Lands so Purchased and taken in lieu of any the said Sallary Perquisites and Emoluments the said Cadwallader Colden ought by law to account and satisfy to our said Lord the King, or to such Person as his said Majesty hath or shall authorize to receive the same for the use of his said Majesty. And the said Attor ney General for and in behalf of his said Majesty doth further charge that his said Majesty hath signified his royal Will and Pleasure that the same be accounted for and paid to your Lordship, and that the said Cadwal lader Colden Esq. hath had due notice thereof. But now so it is may it please your Lordship that the said Cadwallader Colden combining and confederating with divers Persons to the said Attorney General unknown, whose names Avhen discovered he prays may be inserte'd in this Bill with apt words to charge them hoAv to de feat tt deprive his said present Majesty in the Premises pretends that all tt singular the Salary Perquisites and Emoluments and other the Premises aforesaid are justly and bona fide due and of Right belonging to him the said Cadwallader Colden tt that he is in no wise accountable for the same, and actually hath refused and still doth refuse to render any account thereof to any Person whatsoever, altho' he was thereunto particularly required by a Demand made in due form of law on the 26th day of Oct', now last past, and hath declared that he will keep all and every part thereof to his oavu use All which Actings and Doings of the said Confederates are contrary to all Equity and good Conscience and to the grievous injury of his said Majesty. In considera- 246 THE COLDEN PAPERS. tion whereof and for as much as matters of this nature are most properly cognizable and relievable in a Court of Equity before your Lordship and in regard the said Cadwallader Colden Esq. is not compellable to account for the Income tt Profits of the said Place as Trustee for the Crown, without the aid and assistance of a Court of Equity, and it being utterly unknown untill he shall upon oath discover the same what sums tt Prof its have come to his Hands as Salary, Perquisites and Emoluments of Governm*. or for the support of the same, or how or in what manner he has secured the same To the End that the said Cadwallader Colden, Esq. and his Con federates may true and perfect answer make to all and singular the Premises hereinbefore set forth as fully as if the same were herein again repeated and particularly interrogated and more especially that the said Cadwal lader Colden, Esq. may upon his corporal Oath set forth tt discover whether any & what hath been received by him as L* Gov' tt Commander in Chief of this Province for Salary since the Death of the- said Sir Henry Moore tt how much of such Salary remains yet unpaid to him, and what proportion of snch Salary and to what amount as well what is paid as remains yet unpaid became due tt payable between the said date of your Lordships Commission as Governor in Chief of this Province tt the said date of your Lordship's arrival in this Prov ince. And also all and every the sum and sums of money which have arose or accrued in any manner how soever as Perquisites or Emoluments arising from the Exercise of the office of Commander in Chief of this Province between the Days last above mentioned and how much thereof he hath actually received tt how much thereof remains to be receiv'd and from Avhom and how much from each Person respectively : and for how much thereof not actually received security hath been taken tt to whom such monies are in tt by such respective securities respectively made payable and what securities have respectively been taken for each such sum by Bond Note or other Personal Security, THE COLDEN PAPERS. 247 and who are bound or in any wise answerable for the same or any and what part thereof respectively. And what real Securities have been taken for all or any such sum and sums of money respectively, and Avhat Lands or other things have been taken in Lieu of any Sum or Sums of money accrueing as aforesaid between the Times last above mentioned, and for what sum or sums of money such Lands or other Things have re spectively been taken, and also what other Lands have been Purchased by him or any Person and whom for himself or others and for whom with any and how much of any such sum and sums of money and how much was paid or agreed to be paid for such Lands or other Things respectively. And that the said L*. Gov', may be compelled to render a full plain and particular ac count of the said Salary Perquisites and Emoluments for the Time aforesaid and of every article thereof And that his Majesty may really and truly be answer ed and paid for and satisfied of one full Moiety of all and singular the said Salary Perquisites and Emolu ments whatsoever accruing as aforesaid between the Times aforesaid May it please your Lordship to grant unto the said Attorney General his Majesty's Writ of Subpoena to be directed to the said Cadwallader Col den, Esq. requiring and commanding him at a certain Day and under a certain Pain to be limited to be and personally appear before your Lordship in this honour able Court there to answer the Premises and to abide such further Order and Decree concerning the Premises as to your Lordship shall seem meet. And your Ora tor shall ever pray, &". J. S. Kempe, Attorney General. WM. Smith of Counsel for the Grown. The aforegoing is a true Copy of the Original ex amined by me. WM Smith in Cancell. Fol. 32 @ 9d £1. 4. 0 Certificate . 2. 0 £1. 6. 0. 248 THE COLDEN PAPERS. The Attorney General pro Rege agt Cadwallader Colden, Esq. In Chancery. By special Order of the Chancellor, instead of an Eight Day Rule, Day is given to the Defendant to file his Answer to the Bill of Complaint in this cause on or before the eleventh day of Dec' next. WM Smith, in Cancella pro Rege. New York 23d Nov' 1770. To James Duane, Esq. Spring Hill Nov' 26th 1770. Dear Sir, I now return the Bill in Chancery with our Remarks upon it. Plad the suit been brought in any Court where there is an appearance of an indifferent or equit able Judge, I should gladly have gone at once on the Merits of the Cause. I have a right to the Avhole Sal ary by an Act of the whole Legislature of this Prov ince, and the Perquisites are the voluntary Donations of Individuals for Services done them. Who can have a Right to them but the Person who does the Service ? In the British Constitution the King can not at his Pleasure dispose of the Property of any of his Subjects. His pleasure in such Case can only be signified by Courts of Justice in Common Law. But the bringing this Suit in Chancery as it is at pres ent constituted, shows a determined resolution Avithout shame or remorse to have a Decree in their favour, tt therefore I must endeavour to remove the Cause before some other Tribunal where I may expect Justice. For this purpose I suppose you must Plead and Demur : THE COLDEN PAPERS. 249 and I must beg of you to form your Plea tt Demurrer so clearly and on such evident grounds that there may be no room to bring the Merits before this Court, tt that you carefully avoid giving any handle for this purpose, for I expect that every advantage will be taken which Chicanery can give. You will find in Blackstone Vol. 3d p. 55 that an Appeal lies from any interlocutory Decree in Chan cery, tt where the Plea is to the Jurisdiction of the Court it would be absurd to refuse it. The Instruc tions are silent as to Appeals from a Court of Equity, Courts of Common Law being only mentioned in the Instructions and for that reason perhaps an appeal may be refused — No man can say what will not be done. Suppose this be the case, I may Petition the House of Lords and obtain their order to stop Proceed ings here and to have all the Proceedings transmitted to them for their final order, but I must submit to my Councill in England which may be most proper to Petition the King in Councell or the House of Lords. It may be of use to have the Plea tt Demurrer brought to Issue so soon that I may in the present Session of Parliament obtain the Order of the House of Lords for staying of Proceedings. For if the Court over Rule the Plea and Demurrer and resolve to proceed, I am resolved to stand out every Process. I am re solved on this, not only on my own account, but for the benefit of the People of the Province : for if a Court of Equity can retain this Cause, I know not what Cause may not be retain'd, tt every Man's Prop erty in the Province be decided by the Governor in Chancery. This case appears to me so- clear that I think I may safely trust to you alone ; but if you think it necessary to have assistance I am very willing to fee any other Gentleman of the Law you shall desire. On this point I cannot forbear observing how willing some are to as sist in an Act of mere Power, when others are not will ing to assist on the other side, tho' they acknowledge 250 THE COLDEN PAPERS. the justice of the Cause to be with me, tt they ac knowledge that their fears prevent them. If such should be the general Case we are fitted for arbitrary Power tt Slavery. I shall only add. that as the Bill sets forth that the half salary tt Perquisites are to be paid to the Earl of Dunmore, I must insist that one Cause of Demurrer be that he is interested in the heart of the Suit and can not without contradiction to the first principles of Jus tice sit as a Judge. I am told that he intends to call Mr Horsmanden to sit, but in that case the Decree must be by the Chancellor. You know what I cannot avoid to think of M1' Horsmanden. I flatter myself that the Methods to be taken in this Suit will raise the indigna tion tt abhorrence of all honest Men in this Province Avho know Men and Things. I cannot finish this Avithout makeing hearty acknowl edgments tt thanks for your undertaking my cause so willingly, and that I am with the greatest affection and esteem, Dear Sir, What further is necessary to be done by us, please to let us know. To the Right Honble Earl of Hillsborough. NeAv York, December 6th 1770. My Lord, In my preceeding of the 10th of last month I in formed your Lordship that Lord Dunmore had ordered the King's Attorney to file a Bill in Chancery for re covering from me half the Salary and half the Perquis ites from the date of his Commission to the day of his arrival. In that Letter I insisted principally on the fa vour which I presumed myself intitled to from my faithfull Services to the Crown for upwards of fifty years past ; often in most difficult Times, from which I THE COLDEN PAPERS. 251 suffered greatly in my fortune. I may now add that the satisfaction which the People had in my adminis tration since the death of Sir Henry Moore, contributed greatly to the resolution which the Merchants took of importing Brittish goods. After Lord Dunmore's arrival the Principal and most respected Merchants to the number of 56, Avhen they knew that I intended to retire to the country came in a Body and thanked me for my Administration. By the influence of these Mer chants, the resolution to import from Great Brittain was carried. The Ministers Church Wardens, Vestry tt other principal members of the Church of England in the City did the like; and since I left the Town I have been informed that other distinguished Bodies design'cl to have made me the like compliments, had I not left the place sooner than Avas expected. My Lord Dunmore's demand I hope will excuse my mentioning these things to shew how much my administration has contributed to his Majesty's Service by restoring tran quility, after the Province had been for some years in a most disorderly state, tt to the restoring Commerce between Great Brittain and the Colonies : for all the other Colonies in North America must follow the ex ample of New York. The Attorney General by my Lord Dunmores direc tion, has in the Kings name filed a Bill in Chancery where Lord Dunmore is the sole judge, and who is to receive the Benefit of the Suit, should the King recover, and Process has issued against me — it is there fore incumbent on me to . shew to your Lordship by what right I claim the whole Salary and Perquisites. Indeed M' Smith, whose advice Lord Dunmore follows, must be convinced of my Right, otherwise he never would have advised Lord Dunmore to bring the Suit in Chancery where his Lordship is the sole Judge: He must think my Title such, that Lord Dunmore could not recover in any other Court of Justice, or be fore a disinterested judge. If we may judge from M' Smith's past conduct, he takes a Pleasure in throwing 252 THE COLDEN PAPERS. the administration into disorder. The only pretence for bringing this suit in Equity, is to discover the Perquisites which I have received, whereas every far thing I could receive will appear in the Publick offices ; and I never received any private fee or reward for any service of any kind. No other pretence or Title to Equity is made use of in the Bill, my Lord. The whole Sallary is given to me by the authority of the Legislature of this Province. Any Perquisites which I received was a voluntary Donation for services to In dividuals, and I think no man can haAre a right to any part of them, who performs no part of the Services. In King William's Declaration relating to the Sallary's of the Governors of the Colonies, Avhich is made the foundation of this suit, only half the Sallary, in Case of a Governor in Chief's Death, is reserved without any Reservation of the Perquisites. At that Time the Assemblies granted a Sum in gross for the support of Government, tt the King granted a certain sum out of that to the Governor. But since Coll. Cosby made a similar Demand, to this now made on me, the General Assembly have granted a support of Government only from year to year, tt have fixed the Salaries to all the officers annually by act of the Legislature. No Instruction has been given since that Time, by which the King reserves any Part of the Salary, or Perquisites or Emoluments, from the Death of one Governor in Chief, to the arival of another. Many in stances can be given Avhen the administration of Gov ernment has been in the Hands of the L* Governor, or Commander in Chief, from the Death of one Governor in Chief to the Arival of another, and no instance can be given at Least in Sixty years preceeding Avhen the L' Governor or Commander in Chief did not receive tt retain for his own use the Avhole salary tt the whole Perquisites. Lord Dunmore having ordered this cause to be brought before himself in Chancery, no man can doubt of his resolution to give a Decree in his own favour. THE COLDEN PAPERS. 253 I must therefore plead and- Demur for which I have the greatest cause, and as I expect that he will over Rule my Plea tt Demurrer, I am resolved to appeal to the King for Justice and have ordered Councill to be retained in England for that purpose. You may Immagine My Lord what impression these Proceedings make on the minds of the People, tt par ticularly in my Case, in prejudice to his Majestie's Service ; tt you may be assured the Impression is uni versal in all ranks of the People. I have presumed to write thus freely to your Lordship that his Majesty may interpose" his authority by ordering the Bill in Chancery to be dismissed. This I humbly pray not only in Justice to myself, but likewise to remove the prejudices which the People otherwise may entertain of his Majesty's Ministers, tt Avhich may be prejudicial to his Majesty's Service. If Lord Dunmore thinks proper he may sue at Com mon Law. As I am conscious of my dutifull endeavours in his Majesty's service in a series of many years, I flatter myself that your Lordship will think this affair de serves your attention, and that you will please to make a full representation of my humble Prayer to the King that his Majesty may please to order this Bill in Chan cery to be dismissed. If the Suit be suffered to go on, it must be attended with distressing Expence to me, tho' it ' should end in my favour, and Lord Dunmore for whose use it is carried on by his using the Kings name, is freed from all Expence. The consideration of what I now write is humbly submitted to your Lordships honour tt Justice, in which great confidence is placed by 254 THE COLDEN PAPERS. To Arthur Mairs, Esq. Sir, By the last packet I transmitted to you a Bill of Excha8 on Mr Ross for £200 stg. and now enclose the second Bill. I desired that you Avould in conjunction with Mr. Samuel Johnston, agent for the Colony of Connecticut, in case he undertook to act for me, re tain Mr. Wedderburn tt Mr Dunning as Councel for me or in case they should decline, any other Council of Distinction as you should think proper.- At the same time I transmitted Copies of several papers which might shew the foundation of a Suit Avhich Lord Dun more has ordered to be commenced against me in Chan cery ; upon which suit it is that I desire you to retain Council for me. The Attorney General the 15th of last Month filed a Bill in the Kings name in Chancery, for half the Salary tt half the Perquisites of Govern* which I have received between the death of Sir Henry Moore tt the Arrival of Lord Dunmore in this Place, Avhich as the Bill sets forth his Majesty has ordered to be ac counted for and paid to his Lordship, yet the suit is brought in Chancery, where his Lordship is the sole Judge. A Court of Exchequer at the same time exist ing in this Province, of which the Judges of the Su preme Court are Judges. I or your farther informa tion, and the information of my Council, I enclose a copy of a Letter which I now AAuite to the Earl of Hillsborough on that subject. The rough draft of a Demurrer tt Answer to the Bill is already made by Mr Duane my Lawyer here. But as I cannot expect that a Judge who commands a suit to be brought be fore himself will ever give Judgment against himself, I expect the Demurrer will be over Ruled. 1 must appeal to the King on this Decree. The Gentlemen of the Law here are but little acquainted with the Prac tice of Appeals — Perhaps there never was an Appeal from a Decree of the Court of Chancery in this Prov- THE COLDEN PAPERS. 255 ince; yet it cannot be doubted that an Appeal does ly to the King in Parliament, or in Fvivj Councel. The Gentlemen Avhome you have employed as my Council Avill please by the Earliest opportunity possible, to give me Directions in what manner the Appeal ought to be made. You will please likewise to inform them that, as they will see by the Copies of my Letters to Lord Hills borough, that I pray his Majesty to Order the Bill to be dismissed. I desire they would immediately make such application as they think most proper to support my Prayer, and to obtain his Majesty's pleasure thereupon. This may save me an immense deal of trouble, vexation and expence, which at my great age of Life is most Disagreeable to me. Another consideration makes the greatest Despatch very necessary, for from the arbi trary method in which this Prosecution is commenced against me, no man can pretend to say that Lord Dun more will not refuse to admit my appeal from his De cree upon the Demurrer ; should he do so, I know of no method in which I can possibly defend my Estate. My present resolutions are should that be the case, to stand out all farther Process and depend solely on the Justice which I hope to obtain in England. You will please to communicate this to M' Johnson to whom I present my affectionate Compliments. I Avrite to you only because I still am not certain that he will be in London, and I beg you would lose no time in submitting Avhat I now write to my Council. By the first Opportunity after my answer tt demurrer is fylecl, I will send you a copy of it and the Bill. 256 the colden papers. Province of New York 1 Court of Chancery. ) The Demurrer of Cadwallader Gol den Esq, Lieut. Governor of the Province of New York to part and the Answer of the said Cadwallader Golden, Esq, to the residue of the Bill of Com plaint of John Tabor Kempe Esq, his Majesty's Attorney General of the Province of New York, in behalf of our now Lord the King, Complain ant. This Defendant by Protestation not confessing or ac knowledging all or any of the said Matters tt Things in the said Bill of Complaint to be true in such sort and manner as the same are therein expressed and set forth, As to so much of the said Bill as seeks a Dis covery or Account from or relief against this Defend ant, with respect to the Perquisites and Emoluments received by the Defendant as Lieut. Governor of the said Province of New York tt for the exercise of the Administration of the said Government, from the Time of the Death of Sir Henry Moore, Bart, late Governor in Chief of the said Province, untill the arrival of his Lordship the present Gov' in Chief (that is to say) be- tAveen the 11th clay of Sept' in the year of our Lord 1769, in the Bill mentioned, and the 18th day of Oct' now last past, in the said Bill also specified ; and as to so much of the said Bill, as seeks a discovery or ac count from, or relief against this Defendant concerning the Salary received by the Defendant as L* Gov1' afore said, and for the Exercise of the said Administration, from the Time of the Death of the said Sir Henry THE COLDEN PAPERS. " 257 Moore to the date of the Commission of his said Lord ship, the present Goat1 in chief (that is to say) between the said 11th day of Sept' in the said year of our Lord 1769, and the second day of January last past, in the Bill also specified, this Defendant doth Demur in Law, and for Cause of Demurrer sayth That.it appears of the Complainant's own shewing, that our said now Lord the King hath no Title or Equity whereon such Decree, as is pray'd for by the same Bill can be grant ed or made against this Defendant, respecting the same First because his late Majesty King William the 3d in the Bill mentioned could not by LaAv in virtue of the Declaration therein set forth, appropriate or reserve for the use or disposal of his royal successors or either of them the salary, which after his Demise, might be granted to, or the Perquisites or Emoluments which might thereafter be acquired or recei\red by the Lt Gov'" or Commanders in chief, for the exercise of the Administration of the said Government on the Death of a Governor in Chief thereof Because Secondly the efficacy of the said Declaration, if any it ever had, al together ceased and expired with the Life of the said late King, nor ever since hath been, nor now is, of any force or validity. Because Thirdly according to the Com plainant's own shewing it appears that the Regulation directed in and by the said pretended Declaration of the said late King from the Time of his Demise hitherto, hath not been, nor now is, in any wise adopted, received, ex tended enforced or continued as Rule or establishment for the Support of the L' Gov', Commander in Chief or President of the Council of the said Province, in case of the Death of the Gov' in chief thereof or for the disposal or application of the Salary or Perquisites or Emoluments, which from Time to Time or any Time, have arisen or accrued or might arise or accrue, on such a Contingency, of a Moiety, or of any part thereof Because 4thly It appears of the Complainants own shewing, that the royal Instructions on that subject, from Time to Time given to the Gov1 in Chief of the 17 258 THE COLDEN PAPERS. said Province since the said Declaration of the said late King, and referred to in and by the said Bill, and the royal Instruction in the same Bill mentioned to haAre been given to the said Sir Henry Moore, and therein particularly set forth, provide and direct, that when it should happen that the respective Govrs in Chief, to whom such Instructions were respectively given should be absent from N. Y. one full Moiety of the Salary Perquisites tt Emoluments, which Avould otherwise become due to such Gov'8 in Chief respec tively should during the Time of their respective ab sence, be paid unto such Gov' L* Gov' Commander in Chief or President of the Council, who should be resi dent upon the Place for the Time being, for their bet ter support, and the Dignity of the said Gov*. There fore of the Complainants own shewing it appears that no Regulation or Establishment, is in any Avise made or provided by the said Instruction to the said Sir Henry Moore, respecting the Salary, Perquisites or Emoluments which have accrued or arisen in the exercise of the administration aforesaid by this De fend* upon or since the death of the said Sir Henry Moore and for which this Def* is now call'd in ques tion, but of such only as might have become due to the said Sir H. Moore in his Life Time, for the Exercise of the Administration aforesaid, during his absence from N. Y. And in like manner it appears that no Regu lation or Establishment from the Time of the pretended Declaration of the said late King hath hitherto, in any wise been made, or provided, by any or either of the In structions to any or either of the former Gov" in chief in the said Bill referred to, respecting the Salary Per quisites and Emoluments which have accrued, or arisen upon or after the Death of any or either such former Governors in Chief respectively, But of such only, as might have become due, to such former Gov1'8 in Chief respectively, during their respective Life Time, for the exercise of the administration of the said Gov* in their respective absence from N. Y. Fifthly because THE COLDEN PAPERS. 259 according to the Complainant's oaati shewing neither our said Lord the King, in his said Commission or In structions to the said Sir H. Moore in the Bill men tioned, nor in any other act or Declaration of his royal Will tt Pleasure, to him signified, nor our same Lord the King nor his Progenitors, Kings or Queens of Eng land or Great Britain, in either of their royal Instruc tions in the same Bill mentioned to any former Gov' in Chief of the said Province HaAre nor Hath eithei of them from the time of the pretended Declaration of the said late King William the 3d hitherto reserved or appropriated to himself or themselves, or to either of them respectively the Moiety or any part of the Salary Perquisites or Emoluments which have arisen or ac crued, or might arise or accrue from the administration of the Gov* of said Province by this Deft or any for mer L* Gov1 or Commr in chief or President of the Council, on the Death of the said Sir Henry Moore, or any former Govu in chief of the said Province ; or the Disposal or Application thereof, or of any part thereof in any wise howsoever. Arid for further Cause of De murrer this Def* sheweth, and is advised, that there is not any Matter or Thing set forth in the said Bill, whereby it doth or can appear that our said now Lord the King hath disposed of or appropriated the Moiety of the Salary Perquisites tt Emoluments in Question in this Suit, if any Right or Title thereto his Majesty Hath, or whereby his Lordship the present Gov' in Chief, or any other Person whomsoever is, or can be authorised to receive or sue for the same, or to acquit or discharge this Def* therefrom, was he therewith chargeable, Wherefore if this Deft, was1 so chargeable he may be vex'd, drawn into Question and controversy for the same matter by such Person as may be hereaf ter lawfully authorized by his Majesty for that pur pose. And this Deft for further cause of Demurrer sheweth that by the said Bill he this Deft is required to account for one Moiety of the Salary Perquisites or Emoluments Avhich he hath received or secured in the 260 THE COLDEN PAPERS. Exercise of the administration of the said Gov* from the Time of the Death of the said Sir Henry Moore until the day of the arrival of his said Lordship with in this Gov* when according to the Complainants own showing, no Title Claim or Interest is pretended, or set up, in the said Bill for his Majesty, to any Salary Perquisite or Emolument, which have been received by, or accrued to this Def* betAveen the Time of the Death of the said Sir Henry Moore, and the date of the Commission of his said Lordship, the present Gov1 in Chief, But to the Moiety only of such as may have been received by or accrued to this Deft, from the date of his said Lordship's Commission untill his arriv^al within the Gov1 as aforesaid. And for further Cause of Demurrer this Deft sheweth that by the said Bill he is call'd to account for the Moiety of the Perqui sites tt Emoluments, as AAxell as of the Salary accrued to or received or secured by him from the Time of the Death of the said Sir Henry Moore untill the day of the arrival of his said Lordship within this Gov* as aforesaid, when according to the Complainant's own shewing, his said late Majesty King William the 3d by the said pretended Declaration which is alledged in the said Bill to be the Regulation and Establish ment in the Premises, did in fact reserve no more than the disposal of one half of the Salary from the date of the Commission of such Govr in Chief to the Time of his arrival at the Place as aforesaid. And for further Cause of Demurrer this Deft sheweth that he is re quired by the said Bill to discQver aud set forth how much of the Salary, Perquisites and Emoluments for Avhich he is called to account, he hath taken tt re ceived Security for, whether real or personal, what Lands or other Things he hath taken in lieu of any sum of money arising therefrom, and Avhat other Lands have been purchased by him or any Person, tt Avhom, for himself or others, and for whom, Avith any and' how much of any Part of the said Salary, Perquisites tt Emoluments, and how much Avas agreed to be paid THE COLDEN PAPERS. 261 for such Lands or other Things respectively. Where as according to the Comp*8 own shewing this Deft, is required, and such is the Scope of the Bill to pay tt satisfy one full Moiety of the Salary Perquisites tt Emoluments accruing between the Times in the said Bill mentioned, and not to assign such securities if taken, or to convey such Lands if Purchased or any part thereof for the use of his Majesty. And this Deft is therefore advised that he ousfht not to be call'd in Question touching such securities or Purchases or compelled to render any account concerning the same, this Df* conceiving a discovery thereof to be altogether foreign and impertinent tt sought after Avith no other vieAv than to vex and injure this Df by representing him as a fraudulent Bankrupt. Wherefore and for di vers other Errors tt Imperfections appearing in the sd Bill this Dft. doth Demurr to such part hereof as afores4 and humbly Prays the Judgment of this honourable Court whether he shall be compelled to make any answer to such part of the said Bill as is so demurred unto. And as to the residue of the said Bill this Dft. saveing and reserving to himself all benefit and ad vantage of Exception to the Imperfections tt Defi ciencies thereof Doth Answer and say That for any Thing he knows to the contrary, it may be true that his late Majesty King William the 3rd might at the time in the Bill mentioned, have caused a Declaration to be made at the Treasury of England, relating to the Salaries of L* Gov'8 Commanders in Chief and Presi dents of the Council in the Plantations upon occasion of the death or absence of the Gov. in Chief ; but whether the same is truely set forth by the Compl* this Deft, doth not know nor admit, having never seen the original entry at the Sd Treasury, or any Certified or authenticated Copy thereof, and therefore leaves the Compl* to the production of proofe thereof, as the Law directs : but that such Declaration became an Establishment, or that in consequence thereof our now Lord the King, and his royal Progenitors, Kings tt 262 THE COLDEN PAPERS. Queens of England have in all or any of their Instruc tions since given to their Gov' in Chief of the said Province directed according to the Form tt Effect of the said supposed Regulation of his sd late Majesty King William the 3d as the Comp* in the sd Bill alledges, this Def* doth deny and this Dft farther Answerifag doth admit that it may be true that among the Instructions from Time to Time given to the Gov' in Chief, there was an Instruction of the same import with that in the Bill mentioned as one of the royal In structions to the sd Sir Henry Moore, Bart, late Gov' in chief of this Province — And this Deft, further Answering doth admit it to be true that his present Majesty, by his Letters Pattent under the great Seal of Great Britain, bearing date as in the Bill mentioned, did constitute and appoint the sd Sir Henry Moore, deceased, to be his Capt Genl tt Gov* in Chief of the sd Province and that in the same Commission, and all other Commissions to Gov'8 in chief of this ProAnnce heretofore given, the Powers of Government in ease of a Governors Death or absence are granted to such Person as shall be appointed L* Gov'. And in case there be no L* Gov1 to the eldest Councellor or Person first named in the royal Instructions accompanying the same Commission. And that the same Commissions do severally referr to the Instructions and Command such L* Gov1' or Commander in chief to execute the several powers and directions granted or to be granted by the sd Commission and the Instructions therewith given, or by such further powers, Instructions and authorities as should at any time after be granted or appointed under his Majesty's Signet or royal Sign Manual, or by Order in Privy Council. And this Dft. further Answering doth admit that for the better regulation and direction of the sd Sir Henry Moore in the duties of his sd office his Majesty Avas pleased to gi\^e unto him the sd Sir Henry Moore, certain Instructions under his Majesty's Signet and royal sign Manual bearing date as in the Bill for that purpose mentioned, in Avhich Instructions this THE COLDEN PAPERS. 263 Dft. doth admit there is an article in substance as in the Bill for that purpose set forth. And this Dft. further answering doth admit that at or about the Time in the Bill for that purpose specified the sd Sir H. Moore arrived in this Province, and publicly notified his sd Commission, and that he thereby became legally in vested Governor in Chief of this Province, and took upon himself the Exercise of the sd office and Place, as in the Bill is mentioned. But that by virtue thereof or of any Thing in the Bill alledged the sd Sir H. M. became subject and liable to the Regulation tt establish ment pretended in the said Bill to be directed by the sd Declaration of his late Majesty King William the 3rd, as the Compl' in the sd. Bill suggests, this Deft doth not believe or admit, but for the reasons hereafter assigned denys. And this Deft, further answering doth admit that the sd Sir H. M. departed this Life at or about the same time in the said Bill for that purpose mentioned, and that thereby the Gov' tt Command of this Province devolved on this Deft, and this Deft. saith that before that time (to wit) on or about the 14th day of April in the year of our Lord 1761, his present most gracious Majesty King George the 3d by his royal Commission under his royal sign Manual tt Signet bearing elate the day and year last aforesaid did constitute and appoint this Dft. to be his Majesty's Lt Gov' of the said Province and the Territories depend ing thereon in America in the Words following (Here the Commission is inserted at length) as by the said Commission ready to be produced to this Honble Court, fully appears. And this Deft, further answering doth admit that by virtue of the sd royal Commission He this Dft. upon the death of the said Sir H. M. received the original Instructions given by his sd present Majesty under his Signet and royal Sign Manual to the sd S. H. M. and therefore well knows of the sd Instructions as the Bill charges, and that he accordingly took upon himself the administration of Gov' But that this Dft. knew of the Regulation or Establishment in the Bill 264 THE COLDEN PAPERS. supposed to have been made respecting the Salary Per quisites and Emoluments of Gov' by his said late Ma jesty King William the 3d and that he thereby became liable to the articles and Things in the said pretended Establishment contained, or entitled only to the benefit and advantage thereby alledged in the Bill to be pro vided and established for the L* Gov' tt Comd' in Chief of this Province (that is to say) to one half only of the Salary Perquisites tt Emoluments accrueing by or from the administration of Gov* untill another Gov' in Chief of the Province should arrive, or that this Dft. knew or had the least reason to believe or suppose that the other Moiety thereof, from the date of the commission of such Gov1' in chief untill his arrival within this Gov*, of Right belonged to or in any manner could be required claimed or demanded for our said Lord the King to be disposed of according to his royal Will tt Pleasure, or that the same was to be received by this Dft for the use of his Majesty, or to be accounted for by this Dft. as his Majesty's Bailiff, Receiver or Trustee as in the said Bill is most untimely suggested this Dft doth Deny. On the contrary this Dft. further ansAvering saith, that he this Dft understood and took it for granted that all the Salary Perquisites tt Emoluments which might accrue or arise for the administration of Gov*, by the Dft from the Time of the Death of the sd Sir H. M. untill the arrival of another Gov', in chief would become the sole and absolute Right tt Property of this Deft without his being chargeable or accountable for a moiety or any part thereof to our said Lord the King or to any other Avhomsoever. And this Dft saith he conceives tt is ad vised that he formed this conclusion on just grounds, tt that it is corroborated and confirmed by the royal Instruction given to the sd Sir H. M. and particularly set forth in the Compl*8 Bill, in Avhich altho' his Majes ty has been pleased to declare it to be his royall Will tt Pleasure that when it should happen that the sd Sir H. M. should be absent from N. Y. one full Moiety of the Salary tt of all Perquisites and Emoluments THE COLDEN PAPERS. 265 which might otherwise become due unto him, should during the time of his absence be paid and satisfied un to such Gov', L' Gov', Commander in Chief or Presi dent of the Council who should be resident upon the Place for the Time being, which is thereby ordered and allotted for his maintainance tt for the better support of the dignity of this Gov* Yet no provision, disposi tion or even mention is made of the salary, Perquisites, or emoluments which might arise or accrue in case of the death of the sd. Sir H. M. much less has his Majesty thereby reserved to himself the disposal of a Moiety thereof, from the Death of the sd Sir H. M. untill the arrival of his Lordship, as in the sd Bill is groundlessly suggested ; and that no such Reservation Regulation or establishment, at least since the demise of the sd late King W. the 3d ever was intended or took place within this Gov', this Dft humbly conceives is made more evident from the several royal Instructions to former Gov1'8 in Chief referred to by the Comp*, and which he alledges and this Deft, admits to have been of the same import with that to the sd Sir H. M. above set forth in neither of which the Regulation or Estab lishment, with respect to the Salary Perquisites or Emok uments, which might accrue to a L*. Gov1'. Com', in Chief or President of the Council, for the Exercise of of the administration of Gov*, on the death of the Gov', in Chief, as inferred by the Compl', from the Declaration of the said late K. W. the 3d is any wise adopted, revived continued or inforced, nor is any power of disposing of a Moiety or any part of such Salary Perquisites tt Emoluments mentioned or reserved to the Crown in any or either of those Instructions. And this Dft saith that he hath for upwards of fifty years last past, from time to time been Commissioned and em ployed in this Gov* in various public offices by his present Majesty and several of his royal Predecessors which hath given him constant opportunity to be acquainted with the public Business tt offices, and most of the Gov'8 tt Comd1'8 in Chief of this Province from the year of 266 THE COLDEN PAPERS. our Lord 1720 when he was first appointed Surveyor Gen1, and shortly thereafter one of his Majesty's Coun cil, down to the present Time, that during this long Period the Administration of Gov* on the Death of the Gov1 in Chief, hath frequently devolved on L* Goa7' and President of the Council, and this Dft allways under stood, and has good reason to believe, that upon every such Event, which hath from Time to Time hapen'd, the L* Gov' Com1'8 in Chief or Presidents of the Council who respectively exercised the Administration of Gov' received and enjoyed the whole Salary Perquisites tt Emoluments which arose during their respective Administrations in such contingencies, and that no claim was on any such occasion interposed for the Crown thereto, or to the disposal of any part there of, except in one single Instance, which this Dft begs leave to relate. In the year of our Lord 1731, John Montgomerie, Esq', then Gov' in chief of the Prov ince dying, and the administration devolving on Rip Van Dam, Esq. at that time President of his Maj esty's Council, some time thereafter William Cosby, Esq. who had succeeded as Gov' in Chief arrived in this Province and caused a claim to be interposed in behalf of the Crown to one half of the Salary tt Per quisites which had accrued to and been received by the said Rip Van Dam, in the course of his admin istration, between the death of the said Gov' Mont gomerie and the arrival of the said Gov' Cosby, and this Dft well remembers and doubts not he shall be able to prove that the sd claim tt the Proceedings thereon were generally esteemed unprecedented tt groundless, and excited great clamour tt Discontent, and tho' a Suit was commenced to compell the sd. Rip V. D. to account in his Majesty's Court of Exchequer before the Judges of the Supreme Court of Judicature which this Deft, then understood and verily belieATes was advised by the then Attorney General and Coun cil for the Crown to be the proper Judicature for the determination of a Controversy, so similar in its THE COLDEN PAPERS. 267 circumstances to the present, yet the prosecution there of Avas afterwards relinquished without produceing any other Effects than violent animosities which to the great disquiet of the Gov* long remained unex tinguished, the sd R. V. D. finally retaining as this Dft is informd tt believes, tt hopes if necessary to prove the enjoyment of the full salary tt Perquisites wh had accrued during such administration. And this Dft. further answering saith, that he is informed tt be lieves tt doubts not he shall be able to prove that at the Time of the sd supposed Declaration of his late Majesty K. W. the 3d tt for some years thereafter Duties were raised from Time to Time wdthin this Goat' by acts of Legislature, tt granted to the Crown, to be disposed of and appropriated according to the royal Will Pleasure without restraint or reserve, tt that such Duties, as they were from Time to Time raised tt collected were paid into the Hands of a Re ceiver G1 appointed by the Crown and independent of the G1 Assembly. At this Period his Majesty with out the intervention of the sa Gl Assembly, by his roy al Instructions or otherwise ascertained tt granted the Salary which should be paid to his Gov' in chief out of the sa Revenue. And this Dft. conceives that while the sd Fund and Establishment subsisted his Majesty could rightfully enjoin a submission to the Terms men tioned in the sd Declaration respecting such Salary, or any other which his royal Wisdom might direct. The Gov' L' Gov. tt Comd'8 in chief then receiving their support from his immediate Bounty. Nor in case of the death of a Gov' in chief could there have been any impropriety in reserving for his own royal disposal a Moiety or any part of the Salary appointed for that office, and therefore if the Establishment inferred by the Comp* from the sd Declaration took place in this Province at the above Period which this Dft neither knows nor admits, it might be reconciled to the princi ples of Reason and Justice. But this Dft. saith that he is inform'd and believes, and doubts not he shall be 268 THE COLDEN PAPERS. able to prove that for a great number of years last past the above mentioned mode of providing and grant ing a Revenue to the Crown by provincial Acts of Leg islature indefinitely and without appropriation hath been abolished, and instead thereof the usage now is, and long hath been to place all the Revenue so raised into the Hands of a Treasurer appointed by the House of Assembly, and only to appropriate the same by the authority of the Gov' the Council and General Assem bly. That since this change the H of Assembly have retained the power of fixing by their own Resolutions, the Salaries of the Governors tt other officers Avho are Supported at the public expense, which receives the concurrence of the CroAvn no otherwise, than by the the. Gov'8 assent to the Law providing for the payment of such Salaries. And this Dft. further saith that tho' formerly such Provision for the support of the Gov'8 and other public Officers was frequently made for the Term of five years together, yet for many years last past, the same hath been granted annually and for the service of the current year. And this Deft, saith that if such Establishment concerning the Salaries of the Governor or Comd' in Chief as is suggested in the Bill, ever prevail'd in this Gov* it is reasonable to conclude that it must have been relinquished and laid aside when the Crown not only submitted to the Assemblies fixing the Salary, but enjoyed no longer any power, but a negative thro' the Gov' or a Right of Repeal over the Fund from which it Avas produced. And this Dft. humbly conceives that where the Salary is the free Grant of the People by their Representatives, con firmed by act of Legislature it is utterly improbable to suppose that his sacred Majesty or any of his royal Ancestors could have meant or intended by their In structions to secure or reserve to themselves a share or Interest in, or a Right of action to any Salary so granted in Recompence for the services of their L' Gov1 or Com'8 in chief, and for the support of the dig nity of their Gov*. And from hence the said Deft THE COLDEN PAPERS. 269 conceives it is easy to be accounted for why such reser vation as is contended by the Comp* and which is the ground of this suit, is not contain'd in, nor can be in- ferr'd from the royal Instructions of his sd present Majesty to the sd Sir H. M. or any former Instructions to which the said Bill refers. And altho' this Dft. is apprised that the Instruction respecting the Salary, in its present Form, and as it has for many years been handed down, appears to be inconsistent with the Right and Title derived from immediate and personal Grants of the provincial Legislature to the Gov1'8 in chief or to the L' Gov'8 or Commanders in chief, in Avhom the Salaries have from Time to Time been vested, yet this Dft. conceives that the continuance of such Instructions from a Period, Avhen considering the Right of the Crown to the sole and absolute disposal of the public Revenue, it might have been proper and effectual, to latter, and the present Times, when, in the Judgni' of this Deft, it could not and cannot be obli gatory, may be attributed to Inattention, Avith respect to the alteration of the Revenue, and the present Mode Established for the support of Gov'. If not, to an opinion that such an Instruction however destitute of legal force, might have sufficient influence on the Gov' in chief, from prudential motives, from the fear of his Majesty's displeasure, and the loss of office in case of disobedience. And that such Instruction is chiefly, if not altogether calculated to enforce the submission of the Gov' in Chief, and to protect and secure the L* Gov' and Com' in Chief this Dft. concludes may be collected from the Terms in which it is expressed. And this Deft further ansAvering doth admit that he this Dft. during the Time in the Bill for that purpose mentioned continued as L* Gov' and Comd' in Chief to exercise the administration of the Gov* of this Province. And this Dft. further saith that in and by a certain Act of the Legislature of this Province made and passed at the City of New York on the 27th Day of January in this present year of our Lord 1770 Entitled 270 THE COLDEN PAPERS. an Act for the payment of the salaries of the several officers of this Colony and other purposes therein mentioned, it is enacted that the Treasurer of this Colony should and he thereby -was directed and re quired among other Things to pay unto this Dft. as L* Gov' of this ProATince for his aclministring the Gov' thereof from the 12th day of September 1769 to the 1st clay of bept' 1770, after the rate of £2000 p1 annum, Avhich sum (as well as the several other sums therein applied are thereby directed to be paid by the Treasurer on Warrant or Warrants to be drawn by this Dft. or the Comd1' in Chief for the Time being, by tt with the advice tt consent of his Majesty's Councill of this Colony, and that the Rec'8 of this Dft. and of the sev eral Persons named in the sd Act, endorsed on the Sd W' should be to the Treasurer good vouchers and Dis charges for so much as should be thereby acknow ledged to be received, as by the sd act of Legislature, to Avhich the Dft. referrs, and on which he relies, here ready to be produced may more fully appear. And this Dft. further answering saith, that he hath receiA-ed no salary for the administration of the sd Gov' from the l8* day of Sept' last past untill the 18th day of Octo' last when his Lordship the now Gov' in chief arrived Avithin this Province, no provision being hitherto made by Law for that purpose But this Dft. further answer ing cloth admit that by force and virtue of the before mentioned Act he hath received from Abr. Lott, Esq. Treasurer of the sd Colony the sum of £1327 : 17 : 1. being the amount of this Deft. Salary as L' Gov* af ores'1 and provided for and given to him by the s1' Act for administring the Gov' aforesaid from the second day of January last past, being the date of his Lord" Commission as Gov1' in chief as afores'1 untill the sd first day of Sept' now last past (that is to say) after the Rate of the said £2000 p1' Annum, A\"hich first mentioned Sum of £1327 : 17 : 1. Avas paid by the sd Treasurer to this Dft. in pursuance of the sd act and of a W or Wts issued before his Lord" arrival by this d THE COLDEN PAPERS. 271 Dft as L4 Goa^' tt Comd' in chief afd by and with the advice and Consent of his Majesty's Council, agreeable to the directions of the sd act. And this Dft. saith that the Salary between the days last mentioned being granted to and vested in him by an express Law, He conceives and is advised that he is not chargeable tt cannot be compellable to pay any part thereof to our now Lord the King, or to any other Person who is or may be authorized to receive the same for his Majesty's use. This Dft. expressly deny ing that it came to his Hands for the use of his sd Majesty in the proportion in the Bill Mentioned, or in any other Proportion, or as his Majesty's Bailiff Re ceiver or Trustee, as in the Bill is untruly suggested. But declaring and Insisting that he received the same tt every part thereof as the free grant of his Majesty's Subjects of this Province, for his this Dfts Services in the administration of the sa Gov' for the Time aforesd as in duty to his Majesty and in obedience to his royal Instructions to the sd Sir H. M. this Dft. might lawfully do. And he humbly hopes that as he neither was nor is conscious of any Trust respecting the sd Salary to which he was or can be subject for the Kings Benefit Nor of any obligation to account for the same or any part thereof to any Person whomsoever. But received the whole thereof on a firm perswasion and in full con fidence that it was his own absolute Property, so he may be permitted to keep and enjoy it without controul or mollestation, as in justice and good Conscience he conceives he has an undoubted Bight. And this Dft. further saith that shortly after the arrival of his Lordp the Gov' in chief this Dft. received a verbal Message from his sd Lordp by his j)rivate Secrettary Captn Foy, Avith a Paper entitled an Extract of a Letter from the Earl of Hillsborough to Lord Dunmore dated White hall, July 16th 1770, which is in the Words tt figures following: The inclosed copy of a Declaration made by King William at the Treasury Board in 1698, will inform your Lordship of the Regulation established 272 THE COLDEN PAPERS. with respect to the Emoluments of the Gov'8 in Am erica, in case of a Dissolution of Gov' by the Death or absence of the Chief Gov'. And it is his Majesty's Pleasure that a Moiety of the Perquisites and Emolu ments of the Gov' of New York be accounted for and paid to your Lordship from the date of your Commis sion to the Time of your arrival, signed Hillsborough. And this Dft. saith that conceiving by the said Letter tt Message that his said Lordship the Gov' in chief expected that this Dft. would pay him one half of the Perquisites tt Emoluments of this Gov* from the date of his Lordsp8 Commission to the Time of his arrival, this Dft. express'd to the sd Captain Foy his surprise at a Demand so unexpected, and represented to him the Reasons tt Objections which thus occurred to him against the Justice thereof. That the said Captn Foy appeared to decline the subject, and requested this Dft. to let him know what answer he should return to his Lordship. And this Dft. then desired him to acquaint his Lordship that he would attend him the next Morn ing on the sd subject. That accordingly this Dft. waited upon his Lordship and repeated to him his Reasons tt Objections against a compliance with the sd Demand., That his Lordship seemed to evade any aigument, but insisted in strong Terms that his Majesty had a Right, that it was his Duty to prosecute for it, and that he dared not do otherwise. And this Dft. saith that haveing no other Evidence than an unauthen- ticated Extract of a Letter from the said Earl of Hills borough to his said Lordship the Gov' in chief he can not admit it to be a legal or sufficient Declaration of his Majesty's Pleasure in a Matter of so much moment to this Dft. but leaves the Compl* to the proofe thereof as the law directs. And this Dft. also submits to his said Lordship whether the said Extract or the Letter itself were it produced tt proved is a proper and legal Grant or disposal by his Majesty, of his Interest, if any he has in the said Salary, so admitted to be received by this Dft. as aforesd or a sufficient tt legal appoint- THE COLDEN PAPERS. 273 ment of his Lordship as his Majesty's Trustee or Receiver to receive, sue for, acquit tt discharge the same. And if it should be adjudged by his Lordp to amount to a Grant thereof to his Lordp or only to an appointment tt substitution of his Lordp as his Majesty's Trustee or Receiver, to sue tt call this Dft. to account and to Receive ; and acquit tt Discharge this Dft. from the same, whether in either case his Lord" ought to take Cognizance in a course of Equity of this Cause respecting the Salary so answered unto by this Dft. as aforesd. And this Dft. doth deny all unlawfull Combination tt Confederacy without that any other Matter or Thing in the Complt8 said Bill of Complaint contain'd material or effectual for this Dft. to make answer unto, and not herein before Demurr'd and answer'd unto, confess'd or avoided, traA^ersed or denyed is true, All which Matters and Things this Dft. is ready to aver justify maintain tt prove as this honble Court shall order and direct. And this Dft. humbly Prays to be hence dismiss'd with his. reasonable Costs tt Charges in this behalf most wrongfully sustain'd. James Duane to Lt. Gov. Colden. New York, 28th November 1770. Honour'd Sir, It is not unusual to court the rising Sun, nor are the Ties of Duty always strong enough to resist its In fluence. This may in some measure apologize for the Caution of my Brethren. For my part I never yet was a Courtier ; nor can be charged with a single Instance of refusing my assistance to any one of whose Cause I had a good opinion. I shall not now sacrifice my Integrity or Independence to the Fear of giving offence. If the Esteem of a great Man, or even an Office of some profit, are not to be enjoyed but on such humilia ting Terms I must be content to Lose them. I shall 18 274 THE COLDEN PAPERS. therefore perform the Trust you repose in me with Cheerfulness and Fidelity. I have considered all your Remarks on the Bill. Some material Things have es caped you. One indeed which I think the Principle. You'l be pleased to recollect, that King William in his declaration which is the ground work of this suit only reserves to himself the Disposal of a Moiety of the Salary without any mention of perquisites or Emolu ments. Now supposing the Declaration capable, which it is not, of establishing a Right in the Crown to-half the Salary, it still does not affect the perquisites. Neither does the Salary now in question fall within its meaning, the moiety there spoken of being that which might become due or be allotted to the Governour in chief ; but here the Salary is a personal Grant to your Honour as Lieut. Go\~ernour by act of Legislation. This seems to me a fair Construction, especially as at least this Declaration ought to be construed strictly, the power being so questionable. In my judgment, if no more could be offered, it would constitute a full Defence. I could point out many other essential Ob jections, but they are referred for a more mature De liberation. As you are unfortunately circumstanced, it is much easier to suggest than to take advantage of them in a Course of proceeding. For which Ave must carefully avoid a submission of the merits, I could Avish in the Defence to include everything that can be sug gested to expose the unreasonableness of the claim. With this view I have some thoughts of answering fully as to the Salary, Avhich considering the act, your com mission, the usage ttc. may I presume be done without Danger ; and confining the Causes of Demurrer to the Perquisites tt Emoluments, approving of your Resolu tion not to enter into any discussion respecting them. The appeal will be the grand point. If the Demurrer is overruled, the course is to order the Deft to answer. It will be insisted that if before the merits are disclos'd an appeal cou'd lie to the King and Council there wou'd be no End of Delay, and the Court must become use- THE COLDEN PAPERS. 275 less and burthensome. This objection I fear cannot be easily removed. I shall be glad of your Thoughts of it. The Plea to the Jurisdiction is another point of Difficulty. The Cause in itself as stated by the Compl' is not improper for Equity Jurisdiction ; For the princi pal has a Right to call his Trustee to account on oath ; a Sanction which the common Law does not furnish ; and as a Trustee you are now considered in this pro ceeding. It is true in your case proof may be had of every thing actually received, yet it is possible a Gover nor might acquire Emoluments secretly : That possi bility alone is I think good ground for the Interposition of Equity. Then it cannot be elicited from the Bill that the chancellor is interested, whatever may be the Fact, a bare authority to receive, which is set forth, not implying Property : and you know Sir that if you plead to the Jurisdiction you cannot take advantage of a single Fact or circumstance, but must rest upon the Case as they have stated in proof of the Interested ness of the Judge. I mention these points as they are most necessary for your immediate Consideration, that you may be able to take up the Defence in a just point of Light ; tt determine on the propriety of the plan above hinted. I am, hond Sir, with the greatest Respect, your most obedient humble servant J a8 Duane. Lieut. Governour Colden. To James Duane Esq. Spring Hill, Dec' 2d 1770. Dear Sir, I am extremely obliged to you for the trouble you take in my affair. As I confide intirely in your ability and fidelity, I must trust to you as to the method of con ducting for as to that part I am entirely ignorant. 276 THE GOLDEN PAPERS. As I did not think that King Williams Declaration is of any force now, I did not attend to it Avith any accuracy, but certainly what you observe is very material. I have always considered that the Right a Man has for any Thing in his Possession can only be tryed in a Court of Common Law. If I have the Right I am not the Bailiff of any other Person in any Construction. Q. Whether a Secrettary of State can by his Letter only Impower any Person to Receive the Kings Debts tt to discharge them tt whether a Decree in Chancery can be a sufficient Disclarge. If a Secretary of States Letter be of sufficient authority whether it ought not to be set forth verbatim and the whole of it, because the powers given may be restrained to certain Circum stances tt limited — and it may appear from it that the money is given to the Gov' for his use. If a Court of Chancery, have no authority relating to the Kings Debts, nor cannot determine the Right, then the Proceedings must be entirely ATexatious tt in jurious, and an appeal ought Certainly to be allowed. The Equity side of the exchequer seems to exclude the chancery from intermeddling in any case of the King's Debts. The Barons of Exchequer who judge between the King and subject were always quam diu bene gesserint. May I not in the Demurrer apply to his Lordships honour whether he be not interested in the event of the suit tt expects to Receive what is Recovered to his own use, tt whether he will take upon himself to judge in such Suit. Blackstone is so very explicit in asserting that Ap peals are allowed from interlocutory Decrees in Equity, that I cannot doubt of his writing on good authority. If on any case an appeal be allowed it must be in mine. However I would appeal on Blackstone's authority tt let it be refused— the refusal must be at their peril. May we not appeal to the King without adding in his Privy Council because the appeal may be to the THE COLDEN PAPERS. 277 King in Parliament and my Councill in England may chuse which. As I am now in the Country tt my age tt Health such that I cannot travell without endangering my Life a long Time'maybe desired insisted on to plead or answer. I can make oath that I have received no perquisite or Emolument but what may be discovered by the officers of the Crown, Except the letting of the Island on rent which Lord Dunmore knows from Dean. I have given you the trouble of Avhat occurred to me at present tt again add that I entirely trust to your Prudence, and that I very affectionately, D' Sir. P. S. Mr. Fairhorn assures me that it is the Com mon Practice in Jamaica to appeal from interlocutory Decrees, and gives some Instances where he was con cerned himself, and I am perswaded Blackstone knows it to be the common practice in England when he wrote. It is a point of the greatest consequence in this case. To Arthur Mairs, Esq. Spring Hill, New York, Jany 17th 1771. Sir, The inclosed are abstracts of the Bill in Chancery, filed by our Attorney General against me by direction of the Earl of Dunmore ; and of the Demurrer and and answer which I have put in, by my Attorney, Mr Duane. We were under a Rule to argue in support of the Demurrer on the 3d of this month, but M' Duane loseing his eldest son the Day before, his Lordship condescended to postpone the hearing to the 10th M' Duane delivered his argument on tnat day, before a very unusual Audience in the Chancery Court for sel dom any one but the Parties attend there. On this occasion a good many Gen" attended and many more would have gone, had not the Court been held in his 278 THE COLDEN PAPERS. Lordships House, contrary to a Proclamation issued by himself appointing the Court of Chancery to be held in the City Hall. The Court and audience waited near an Hour for His Lordship, — at length it appeared that Mr Smith, the Councill for the Bill, had been all that Time Closetted with His Lordship ; this was taken notice of by every Body present. Mr Duane thought the Demurrer of such consequence as to Deserve a written Argument. He acquitted him self much to my satisfaction, and I hear his Per formance is greatly applauded by the audience. I shall enclose a copy of the Argument, if it can be made before the Packett sails. He is obliged in the mean time to make a copy for the complainant, they having agreed to give each other copies of their Pleadings; this may prevent his getting one ready to send you. The Complainant under a Rule to argue on the 7th of February. Never before did a Chancery suit in this Province proceed with such rapidity. However, I hope to hear from you, and the Council you have em ployed for me, before his Lordship can give a Decree upon the Demurrer. Hitherto we have asked no Time, notwithstanding we were deprived of a week which Ave were legally intitled to : but if his Lordship should appear still disposed to give us such short days Ave shall interpose, and shew how unusually and unreasonably we have been driven in a cause of the greatest import ance that ever was in this Court — a Cause entirely new and unprecedented. I was informed many years agoe, by one of our Gov ernors that the Establishment for Lieut. Governors, was directed in the original Entry of the Kings Pleas ure to be one half qf the salary and all Perquisites and Emoluments. And that a dark had been Pre- vail'd upon to interpolate the single Word (of) thereby rendering it one half of the Salary and of all Perquis ites and Emoluments. The anecdote is strongly im pressed on my mind, and it now occurs to me that the interpolation may have been made in the Treasury THE COLDEN PAPERS. 279 Entry of King William's Declaration : or it may be found that this Little material word is not on that Entry. You will please to consult with my council upon this head, and take their directions for making a carefull inspection of the original Entry at the Treasury. For tho' we deny that "the Declaration is of any force now yet a discovery of such an alteration would overset every pretended effect of it. It is remarkable that King Williams Declaration, which as it stands inserted in the Bill is defective, in consistent and repugnant to common Justice, would by striking out the word (of) in that Place become con sistent and equitable. The King had a Right to dis pose of the salary according to his Pleasure, at a Time when it was given solely by him, but he could at no Time have a Right to divert the Perquisites tt Emolu ments from the Person Avho> executed the office. By the Declaration the first is done, omit the Word (of) the Latter is not done, and the subsequent clauses are then consistent which in the other case they are not. There is some uncertainty here about the date of the Declaration, whether it be in 1697 or 98. I mention this lest a mistake might mislead you in searching for the Entry. I hope you have omitted no opportunity of writing to me. I now enclose the second Bill of Exchange, which was left out of my Last Letter The Postage of all my Letters to you is paid here. I am, ttc. 280 THE COLDEN PAPERS. Lieut. Governor Colden " ads. Attorney General, pro Dom. Rege In Chancery. Argument for the Defendant in support of his Demurrer. May it please your Lordship : Long distinguished by repeated Marks of the Royal Favour and Confidence, it is with great anxiety the Lieut. Governor finds it incompatible with his just Rights, to yield Obedience to the most distant intima tion of his majesty's Pleasure. But in the Eve of Life to be plung'd into a public defence of those rights, to encounter the Crown in an expensive and unequal Course of Litigation, to be marked with the Imputation of a Breach of Trust — in short, to be represented (for so much he thinks the Bill plainly implies) as a fraud ulent Bankrupt who has artfully vested his Estate in others to elude the hand of Justice, are unlook'd for misfortunes which he cannot but lament. Under these Circumstances, My Lord, which equally affect both his honour and his Interest, Ave hope this defence will meet with an indulgent Reception. Ap prised of its delicate Tendency, and of my inability to lead in. an unbeaten Path, it is too probable, I may fail in managing it to the best advantage. I shall however, with the greatest Deference and submission to your Lordship, endeavour to acquit myself with fidelity and candour, by omitting nothing I conceive material or important, and avoiding every Thing, which in my Opinion may be trivial or improper. In examining a Subject Avhich formerly excited the most unhappy con tests, and yet has never received a judicial Decision, I flatter myself I shall stand excused in exercising that THE COLDEN PAPERS. 281 Freedom which is so necessary in every enquiry after Truth, notwithstanding it must oblige us to oppose the sentiments of his Majesty's Minister, who by his Letter to your Lordship, doubtless is perswaded that this claim is fully justified by ancient Establishment. Altho' we are now come to a Hearing on the De murrer, yet, as should that prove substantial, his Majesty's Title to part of the salary, and to all the Perquisites and Emoluments will be sapped to the foundation, The present Debate, reaching the Merits of the Controversy, is of the utmost Moment. To give it due weight, to prevent Misapprehensions, and to explain myself with order tt perspicuity, I have not thought it unworthy of the deliberation of a Avritten argument. But before we take up the Demurrer itself it is proper to give some account of the Bill which strip'd of the incumbrances of form, may be reduced to a few plain facts. The Declaration of King William is the Basis on which it is built ; and it is alleclged that atten tive to support the Dignity of his Governors in the Plantations, on the Death or absence of the Chief Gov ernor, he was pleased in the year 1698, to cause an entry to be made at the Treasury Board of England to this effect : " That on the Death or during the absence of the Governor in Chief, a full moiety of the sallery and of all Perquisites tt Emoluments which would otherwise become due or were allotted to the Governor in chief, be paid and satisfied to such L* Governor or Com mander in chief who should be resident upon the Place for the better support of the Dignity of the Govern ment. That the said half salary should not on any account be diverted for the future from such Lieut. Governor or Commander in Chief. That the Governor in Chief should not pretend to receive or take to him self upon any account whatsoever any part of the said half salary, Perquisites or Emoluments due or accrue- ing to the Lieut. Governor or Commander in Chief, during the absence of such Governor in Chief or untill 282 THE COLDEN PAPERS. his arival upon the Place. His Majesty likewise re senting to himself the Disposal of the other Moiety of the said Salary, from the Date of the Commission of such Governor in Chief untill his actual arrival Avithin the Government." This is charged in the Bill to be a Regulation and Establishment according to the form and effect where of, his present Majesty, and his royal Progenitors, Kings and Queens of England, have directed in all their Instructions from that Period ; among which there from Time to Time was and is, an article of the same Import wjth that to Sir Henry Moore, particularly set forth — (to wit) " And whereas we are willing in the best manner to provide for the support of the Government of the said Province, by setting apart a sufficient allowance to such as shall be our Governor, Lieut. Governor, Commander in Chief or President of our Council, residing for the Time being within the same; our will and pleasure therefore is that when it shall happen you shall be absent from New York, one full Moiety of the salary and of all Perquisites and Emoluments Avhatsoever, which would otherwise become due unto you shall dur ing the Time of your absence be paid and satisfied unto such Lieut. Governor Commander in chief, or President of the Council who shall be resident for upon the Place for the Time being, which we do hereby allot unto him towards his maintainance and for the better support of the Dignity of that our Government." My Lord, as the Title of the Crown centers in this Instruction and the Declaration, it is necessary that they should both be kept in view for which reason I have recited them at large. The other Passages till we come to the Relief which is sought, may be briefly summed up (to wit) That Sir Henry Moore being constituted Governor in Chief arrived and published his Commission on the 13th Day of November 1765, and was thereby legally invested in that office. That dying on the 11th Day of THE COLDEN PAPERS. 283 September 1769, the Government devolved on the Defendant who thereby became liable to the said Establishment and entitled to one half of the salary, Perquisites and Emoluments untill another Governor in chief should arrive ; and that the other Moiety from the Date of the Commission of such Governor in chief, untill his actual arrival of light belonged to the King to be disposed of according to his Royal Will and Pleasure : but nevertheless to be received by the Defen dant for his Majesty's use, and to be accounted for as his Majesty's Bailiff, Receiver or Trustee. That by virtue thereof from the second day of January last, the date of your Lordship's Commission untill the 18th Day of October when your Lordship arrived, he hath received for the use of his Majesty and himself in the Proportions aforesaid Salary, Perquisites tt Emolu ments to a Considerable amount. That his Majesty hath signified his Royal. Will tt Pleasure that the Moiety thereof shall be accounted for and Paid to your Lordship of which the Defendant hath had due notice. The scope of the Bill is therefore to compell the Defendant to discover what he hath so received since the Death of the said Sir Henry Moore — How much of the salary yet remains unpaid — How much hath accrued as Perquisites and Emoluments — How much thereof hath been recovered and what remains unpaid and by whome — How much he hath taken security for, and to whome made payable ; and to set forth such securities — what real Securities he he hath taken, what lands or other things have been taken in lieu of any such money, and for how much — What other Lands have been purchased by him or any other Person, and whom for himself or others, and for whom, with any such Money, and how much was paid, or agreed to be paid for such Lands or other things respectively — And lastly that his Majesty may be paid and satisfied one full moiety of all and singular the said Salary Perquis ites tt Emoluments. This is in a few words the substance of the Bill. To 284 THE COLDEN PAPERS. so much as seeks a Discovery of the Salary from the Death of Sir Henry Moore to the Date of your Lord ships Commission ; and of all the Perquisites <$• Emo- luments the Defendant hath Demurred. And to the residue of the Complaint hath fully answered. It is our present Business my Lord, to point out and mention the several causes of Demurrer, and for method sake, we shall range them under three general Heads of Enquiry. 1. Whether the Bill establishes a good Title in the Crown to any thing which is the subject of the De murrer. 2. Whether, if our Objections on this point should be over ruled, a sufficient authority, derived from his Majesty, is shewn to compell an account, and authorise a Decree. And 3. Whether, more being Demanded than is war ranted by the Claim as set forth by the Complainant, the Bill on that account ought not so far to be dis missed ? Under the first general Heads the five first Causes will properly be applied. The sixth Cause under the second and the rest shall be assigned to the last Head. In this order Ave proceed to consider 1. Whether the Bill establishes a good Title in the Crown ? We conceive it is fatally defective, and the Demurrer accordingly avers that : " It appears of the Complainants own shewing that our Lord the King hath no Title or Equity, whereon such Decree as is prayed for by the Bill can be grounded or made against this Defendant. First because his late Majesty King William the Third could not by Law, in virtue of his before men tioned Declaration appropriate or reserve for his Royal Successors the Salary which after his Demise, might be granted to — or the Perquisites or Emoluments which might thereafter be acquired or received by the Lieut. Gov' or Commander in Chief for the exercise of the administration, on the death of a Governour in Chief. THE COLDEN PAPERS. 285 It is a remark, my Lord, of an excellent author that there cannot be a stronger proof of that genuine Free dom which is the boast of Great Britain than the power of discussing and examining Avith Decency and Respect the Limits of the Kings Prerogative. However trans- cendant, they are not absolute or Indefinite : but so ad measured" by the common law, as we iearn by my Lord Coke (2d Inst. 63) that they cannot take away or pre judice the Inheritance of the subject. Hence we find the antient German Maxim so consonant to the Princi ples of Nature, of Liberty, of Reason and Society, has always been esteemed, even when the Prerogative was at the highest, a part of the Common Law of England Nee Regibus infinita ant libera Potestas and according to Bracton Rex debit esse sub Lege quia Lex facit Regem. Upon these Principles in support of our first Cause of Demurrer we shall take the Liberty of enquiring how far the Declaration of King William even had it been pointed and express would legally reserve a moiety of the Perquisites tt Emoluments of administration ? The term Perquisites from Perquisitus signifies a Profit or any thing gain'd by ones own Labour or In dustry. By Emoluments may be understood all Bene fits or advantages arising from an office or an Estate. Both terms seem to be considered in the Declaration as sinonimous, and perhaps it is difficult as applied to our subject to form the Idea of a Distinction. But the word Salary, we shall shew in its proper Place, implies that reward which is peculiarly assigned by the Crown or the Legislature for the Exercise of the Ad ministration. The Terms thus explained, we beg leave, on the authority of a learned judge to observe that altho it is a Maxim that the King can do no wrong it does not follow that everything transacted in a course of Govern ment is Just and Laudable. The King- is incapable of doing or thinking wrong ; he can never mean to do an improper Thing : in him is no folly or Aveakness ; and 286 THE COLDEN PAPERS. therefore if the Crown should be induced to an act, contrary to Reason, or prejudicial to the Common wealth or a private subject, the Law will not suppose the King to have meant what was unwise or injurious; but attributes it to the fault, to the error, or the inad vertence of those to whom he commits the manage ment of the public concerns. In this light it is we wish to be understood in treat ing of those Acts of Sovereignty which our Subject points out. We acknowledge that the King is the fountain of all Honours and Offices. The Constitution hath vested him with the sole power of dispensing them according to his Royal Pleasure. But when the Honour or the office is conf err'd, it is not to be admitted that the Possessor can arbitrarily be strip'd of the Benefits annexed to it by Law. A Commoner, for instance, ennobled is raised to exalted Privileges. And is it not repugnant to the principles of the Constitution to sup pose that the Prince, by a mere Act of Power can de grade him ? Unless for some offence, he cannot be ex cluded from a share in the Legislature, and this only by the Judgment of his Peers. For the worst of crimes, he cannot be debarred of a Tryal at their august Tribunal. In short he is indebted to the Bounty of the CroAvn alone for his elevation, but it is the Law of the Land which prescribes and secures all the Immunities flowing from his distinguished Rank. So while an Office is vested in a subject, the advantages incident to it are his Inheritance. If in compensation of his ser vices, Avhether of a Public or private nature he obtains a Reward, if he receives a Salary or Perquisites or Emoluments for the Exercise of the Duties of his Func tions, they become his rightfull property , which cannot be alienated without his consent, or forfeited without his Demerit. I should think the Daily Labourer not more firmly secured in the enjoyment of his Wages, than the highest officer in the Benefits legally derived from his Employments. How indeed can it be con- THE COLDEST PAPERS. 287 ceived that, because he is favoured by a gracious Prince with Preferment that he therefore holds the Wealth it has enabled him to accumulate on a Tenure more feeble tt precarious than the meanest Peasant enjoys his Pittance ? Besides it is humbly submitted to your Lordship whether a contrary Principle might not be equally de rogatory to the honour of the Crown tt the Rights of the People ? What could more diminish our veneration for the Royal Character than to see the Prince condescending to Bargain for a share of the Fruits of his Subjects Labour and Industry, converting his Lieut. Governor (to speak in the Language of the Bill) into a Bailiff : and assuming a Right to exact from him a Moiety of Avhat the Laiv, not the Royal Munificence has assigned for his support. > I speak it with the greatest submis sion — it is unreasonable, it is repugnant to every Idea of our illustrious Monarchy to suppose a system so con tracted could ever have been intended or prevail'd in the British Dominions. Nor are the Mischiefs with which it might be preg nant inconsiderable. Could it be justified with respect to Plantation Governments ; might it not on the same Principle be extended as the Rule for every Place of Profit under the Crown, from the Lord Chancellor's doAvn to the lowest officer in the state ? All might be made tributary to the Royal Coffers, and in any Pro portion that should be demanded. The consequence too probable would be that officers of the highest Dig nity tt Importance must sink into Discredit, the Public be badly served, and a Profusion of Wealth drawn in to the Treasury by means which the Constitution never intended, and which no Policy or Reason can reconcile. Neither the singularity of the Case, nor the Distance of Climate afford room for Distinction. What would be unjust or inexpedient in England must appear in the same point of Light, tho it has America for its Ob ject. I need not to a Peer of Great Britain, who so 288 THE COLDEN PAPERS. well understands our excellent Constitution, to a natural Guardian of the honour of the Prince and the Rights of the Subject, expatiate on the evils of which so illib eral a system might be productive. May I be permitted only to add that when it was found necessary in the Parent Kingdom that offices should contribute to the Kings permanent Revenue no less authority was conceived effectual than an Act of Parliament, which instead of a Moiety, assessed no more, than a shilling in the Pound on the annual In come : I allude to that highly popular statute pass'd in the 31s' year of King George the Second. My Lord, I must not be understood as censuring King Williams Declaration. The slightest attention will evince that this gracious Prince had nothing less in view, than to avail himself of the Perquisites Avhich might arise in this Government. He has made no reservation of this nature; nor hath any of his royal successors. I offer these arguments to combat a con struction repugnant to Reason and good Policy, and I may add to the Principles of natural Justice. But even if King William could lawfully have ap propriated to himself one half of the Perquisites and Emoluments, If it was as clear that he had done it, as I think it is manifest that he has not, another question Avill arise, Whether he hath by this Declaration made such a Reservation in favor of his royal successors ? And here it is worthy of remark that the appoint ment of the Lieut. Governor and the investiture of those Benefits which appertain to the Office proceeding from the Kings Royal Favour; not upon suit or Petition but ex rnero Motu et speciali Gratia. My Lord it is a Rule that every Grant of this nature shall be favourably interpreted, for the Honour of the Crown and the Benefit of the Subject. Besides Laws both Human and divine concur in this maxim that the Labourer is worthy of his Hire — That he Avho performs the Duty is worthy of the Recompence. It is not therefore refined and subtile Distinctions; THE COLDEN PAPERS. 289 it is not a strain'd and unnatural Interpretation ; it is not the charm of a supposed Establishment, drawn from Materials which speak a different Language, that can support the present Claim. Nothing (if the authority was unquestionable) but the clearest and most explicit Terms, could diminish those Rights which Reason and Equity have so firmly united to the Posses sion of the Office. But the Declaration even with Respect to the Salary, for as to Perquisites or Emolu ments it is altogether Silent, goes no further than to reserve the Disposal of a Moiety to the King himself, without the- most Distant allusion to his successors for whose Benefit no manner of Provision is made. This alone on the Principle that the Title of the Defendant, must be liberally expounded will ProAre an invincible obstacle to his Majesty's Claim, if it rests singly on this Declaration; and as we shall clearly shew, no Prince since the Reign of King William, has thought proper to embrace the same advantage. But before we proceed to this capital and leading Principle of our Defense, we shall briefly enforce the next cause in order (to wit) " Because, Secondly, the efficacy of the said Declara tion, if any it ever had, altogether ceased and expired with the Life of the said late King William ; nor ever since hath been, nor now is, of any force or Validity." If My Lord the supposed Establishment is unsup ported by any thing but the Declaration — If it never was confirmed by subsequent Instructions, this cause o Demurrer must be self-evident. The Declaration was no more than a verbal Direc tion of his Majesty, without the advice of Privy Coun cil, unauthenticated by any Seal or even the Sign Manual—hastily and inartificiently communicated by Mr. Blaithwait at the Treasury Board. From the Nature qf the Thing it could not have been intended as a permanent Establishment for according to the Circumstances of the Colony and the State of the Revenue from which the Salary was supplied, must 19 290 THE COLDEN PAPERS. such disposal have been just or unjust, suitable or in expedient, and consequently have required alteration. If for instance it was provided out of the Kings Ex chequer, which at the time of the Declaration was notoriously the Case, it was Reasonable that his Majesty should qualify the Graut on any Terms his Royal Wis dom might suggest. But if as at Present and for many years past it proceeded from the immediate Grant of the People, they became the Judges of the Service, and the authors of the Reward; and then it must be alto gether inconsistent for in such case the King would not dispose of his own ; but of the Property of another. Nemo plus juris in alium transferre potest, quam ipse habet is a maxim of Law from which even the sovereign is not exempted. Besides every Royall Commission (except as merely to prevent a failure of Justice, it derives a temporary Continuance by Act of Parliament) expires on the Demise of the Prince by whose authority it issued ; and that even where the Tenure is quam diu se bene gesserit as is proved from the well known Case of the . Judges ; for whose Stability an act Passed in the Pres ent Reign. Upon the same Principles that the Commission ceased, the Disposition of the Salary (where it is a just Prero gative) must depend upon the Pleasure of the Successor. For it would be folly to suppose that he had not, with the Power of filling up the Office, an equal Right to appoint the Terms on which it should be held. Ac cordingly it is unquestionable, and is so stated in the Bill that in every Instruction to every Governor the Kings Pleasure with respect to the Salary is expressly intimated. But as the succeeding Causes of Demurrer will assist us in clearing up this Point, by comparing the Dec laration with the subsequent Instructions, we shall Pass on to state and consider them ; which may be done with less Prolixity, by connecting the three following under one view (to wit). THE COLDEN PAPERS. 291 *' Thirdly Because according to the Complainants own shewing it appears that the regulation directed in and by the said pretended Declaration of the said late King from the time of his Demise hitherto, hath not been nor now is in any wise adopted, received, extended, enforced, or continued, as a Rule or Establishment for the support of the Lieut. Governor, Commander in Chief or President of the Council of the said ProAance ; in case of the Death of a Governor in chief thereof ; Or for the Disposal or application of the Salary Per quisites or emoluments which from time to time, or at any time have arisen, or accrued, or might- arise or accrue on such contingencies or of a moiety, or of any Part thereof." "Because, fourthly it appears of the Complainants own shewing that the Royal instruction on that subject from Time to Time given to the Governors in chief of the said Province, since the said Declaration of the said late King, and referred to in and by the said Bill ; and the Royal Instructions in and by the said Bill mentioned to have been given to the said Sir Henry Moore and therein particularly set forth, provide and direct that when it should happen that the respective Governors in Chief, to whom such Instructions were respectively given, should be absent from New York one full moiety of the salary Perquisites and Emolu ments which would otherwise become due to such Governor in Chief respectively, should during the Time of their respective absence be paid unto such Governor, Lieut. Governor Commander in chief, or President of the Council, who should be resident upon the Place for the Time being, for the better support and the Dignity of the said Government. Therefore of the Complainants own shewing it ap pears that no Regulation or establishment is in any wise made or provided by the said Instructions to the said Sir Henry Moore respecting the salary Per quisites or Emoluments which have accrued or arisen in the exercise of the Administration aforesaid by the 292 THE COLDEN PAPERS. Defendant, upon or since the Death of Sir Henry Moore, and for which the Defendant is called in Ques tion. But of such only as might have become due to the said Sir Henry Moore in his Life Time, for the exercise of the administration aforesaid, during his absence from New York. And in like manner it ap pears that no Regulation or Establishment from the Time of the pretended Declaration of the said late King, hath hitherto, in any wise been made or pro vided, by any or either of the Instructions, to any or either of the former Governors in chief, in the Bill re ferred to, respecting the Salary Perquisites or Emolu ments, which have accrued or arisen upon or after the Death of any or either of such former Governors in chief respectively, during their respective Life Time for the exercise of the administration of the said Govern ment in their respective absence from New York." " Fifthly, Because according to the Complainants own shewing neither our said Lord the King in his said Commission or instruction to the said Sir Henry Moore in the Bill mentioned nor in any other act or Declaration of his Royal Will and Pleasure to him signified ; nor our same Lord the King, nor his Pro genitors Kings or Queens of England or Great Britain, in either of their Royal Instructions in the same Bid mentioned, to any former Governor in chief of the said Province, have nor hath either of them, from the Time of the Pretended Declaration of the said Late King William the Third, hitherto reserved or appropriated^. to himself or themselves, or to either of them res pectively, the Moiety of any part of the Salary, Per quisites or Emoluments which have arisen or accrued, or might arise or accrue from the administration of the Government of the said Province by this Defendant or any former Lieut. Governor or Commander in chief on the death of the said Sir Henry Moore or any former Governor in chief of the said Province, on the Disposal or application thereof in any Avise howsoever." Thfi first of these three Clauses discloses a fatal De- THE COLDEN PAPERS. 293 feet in the Bill (to wit) that it does not appear that the Establishment on the Death of a Governor in Chief, inferred from the Declaration, hath from the Reign of King William hitherto, in any wise been revived or adopted. The second places this Defect in a still more glaring Light, by objecting that the very Instruction on which the Complainant relies. to Prove the Estab lishment speak a Language the reverse, and offer the clearest evidence that it has no existence. The third has the same Tendency but is more pointed; striking at the very Ground and Principle on which the Claim (was the authority unquestionable) could alone be sup ported by urging that, according to the Complainants own state of the case, neither his present Majesty, nor any of his Royal Progenitors have reserved to them selves, a share or Interest in the Salary, Perquisites or Emoluments of administration; My Lord if we examine the Declaration with the least Degree of attention, it must appear very ex traordinary that it has ever met with a construction unfriendly to the interest of Lieut. Governors or Presi dents of the Council. From a gracious Regard to their security it evidently owed its rise and introduction. It implies that former Governors in chief had un warrantably assumed the whole Profits which ac crued from the exercise of the Administration during their absence, and left the dignity of Government un supported. As if one positive command would not have been sufficient to suppress this unequitable practice, it is in the strongest terms repeatedly pro hibited. In the First Clause a Moiety of the Salary, Perquisites and Emoluments in case of the Death or absence of the chief Governor, are assigned to the Lieut. Governor or Commander in chief for exercising the administration. The second directs that it shall not upon any account be diverted from him for the future. The third peremptorily enjoins the Governor in Chief, not to pretend to receive or take to himself upon any account whatsoever any Part of it. These 294 THE COLDEN PAPERS. three different clauses to enforce the same object, with the Reservation to the King of the Disposal of the other Moiety of the Salary comprise the whole Dec laration. Most evident therefore it is, that this measure was purposely contrived for the security of that Person Officiating on the Death or absence of the Governor in Chief, and it is a singular Misfortune, that it should now be strain'd and expounded to his Prejudice. And here we beg leave once more to look back to the Declaration to Discover why the King found it necessary to interpose his Royal authority. If as at present, the Salary had been granted to the Com mander in Chief by the Legislature — If the Perquisites tt Emoluments he might acquire by his actual tt personal services had been fenced by the known Rules of Laio, against the reach of the Governour in Chief, under such circumstances, he who performed the Duty could not have stood in need of the Royal protection, which must have proved a dead letter, and of no avail. For I hope none wdll suppose that this show of Tender ness was only a Delusion not in reality to serve but to prejudice, by ushering in a Reservation for the King, instead of a Benefit for his servant. A suspicion so in jurious to the memory of a great Prince, cannot but be rejected with Disgust ; and yet as applied to the present case, is not this most apparently its only Effect ? What advantage does it offer to the Defendant ? I believe none acquainted with the nature qf tins Government with the present mode of providing the Salary and the sources from which Perquisites and Emoluments are derived will venture to affirm that abstracted from the Declaration the Lieut. Governor has not a clear and indisputable Right to every thing wdiich is now drawn in Question. So that unhappily, Avhat Avas originally intended for the safe Guard of his office is now set up as the fountain of the King's Title to a moiety of the. Fruits of his Labour, which he must otherwise have enjoyed without controul. But to clear this Declaration from the imputation of THE COLDEN PAPERS. 295 Injustice we need only haA^e recourse to the Time when it was framed. The Colony Avas then in a state of Infancy, and the Power of the King's Governor and Right of the subject but little enquired' into or under stood. It was but shortly before that the Will of the Governour and Council was the Law of the Land — the few Inhabitants partaking of no Legislative Represen tation. Indeed the Declaration could only be suited to a rude state; for it presupposes that the GoA^ernor in chief had assumed and might exact the whole Salary Perquisites tt Emoluments which arose even while there was a vacancy in the office of a chief Governor. To whatever source we attribute this strange opinion, whether to the Countenance of former Ministers, to the usurpation of chief Governors or to the consent or acquiescence of the Inhabitants in that dark period, certain it is that it had prevailed, and that King Wil liam was convinced it required Reformation. In this View, his Declaration was a gracious Interposition in favour of Lieut. Gov™ or Commanders in chief, since it secured him a Portion of that from which he had before been totally excluded. The King from whose Revenue at this time the Salary was provided, conceived that half of the usual allowance to the Governor in chief, was sufficient for the rank of one casually exercising the administration ; and therefore reserved to himself the application of the remainder ; probably with an intention, to confer it as a reward to the Lieut. Gover nor, if his Behaviour should merit it, or on the family of the deceased Governor, or as an encouragement to the successor, for that it was not to be returned into the Royal coffers I think may be collected from the Terms in which the saveing is expressed (to wit) not for his Majesty's use but for his Disposal. We find no Reservation of any share of the Perquisites or Emoluments ; nor indeed could it be expected ; for they must have belonged to the Governor in chief, or to the commander in chief who officiated in his absence. And in neither case could a Prince, who was the Patron 296 THE COLDEN PAPERS. of Liberty, have thought fit to reserve any Interest where he had no precedent Right or Foundation for a claim. Therefore neither Countenancing nor Dis couraging the Pretensions of the Governor in chief to the Moiety of the Perquisites and Emoluments, not secured to the Lieut. Governor or the President of the Council, he left them to be disposed of as former usage or custom might determine. It is humbly submitted to your Lordship whether this is not thus far a fair and rational construction of this pretended Establishment— Indeed at the best it is very inaccurate and defective, but on the sense con tended for by the Complainant, I fear it would be palpably unjust. Whatever it may be thought originally to have sig nified, many reasons concur to persuade us. that it can not be the present Establishment. So unintelligible is it that the very misunderstandings it might oc casion, would have been a sufficient inducement to abolish it. Besides it is altogether unsuitable to the condition of a colony whose Government is not sup ported out of the King^s Treasury but by annualgrants of the People. It must therefore have become subject to exception and alteration. A slight review of the standing article of the Royal Instruction for the sup port of Government Avhich the Complainant himself hath furnished, will show how essentially and clearly this hath been effected. And the first thing remarkable is that the Instruction has in view the same general object as the Declaration — Providing for the support of Government. This is manifest from the Preamble " Whereas we are Avilling to provide for the support of the Government of the said Province by setting apart a sufficient alloAvance to such as shall be our Governor, Lieut. Governor, Com mander in chief or President of our Council, residing for the time being within the same." Here we find the Royal care and Authority employed to form a complete Regulation for the support of THE COLDEN PAPERS. 297 Government, independent of, and unconnected with the acts or Declarations of former Princes — Surely then it must supercede and annul King Williams Declara tion, even had it been liable to no other objection. How can it exist, when all succeeding Monarchs, as well as his present majesty have thought proper to interpose and explicitly to reveal their Royal Will and pleasure on the same subject. Let us next consider of what it is his Majesty dis poses, as it follows the above preamble. " Our Royal Will and Pleasure therefore is that when it shall hap pen that you shall be absent from New York one full moiety of the Salary, and of all Perquisites and Emo luments whatsoever which would othertoise become due unto you shall during the Time of your Absence, be paid and satisfied unto such Governor Lieut. Governor, Commander in chief or President of the Council who shall be resident upon the place for the time being." . Greatly as it might serve to enlighten us, the nature of this argument forbids a recourse to the remaining part of the Instruction, because it is set forth in the Bill. Thus much is however evident, that the Dis tribution extends to nothing more than the Profits of administration which might become due to Sir Henry Moore during his absence from New York without any Reservation in favor of the Crown, without any Dec laration in case of vacancy in the office of Chief Gover nor by Death, without any Trust either express or pre sumptive on the part of the Lieut. Governor. How essentially different is this Instruction from King Williams Declaration ! How groundless the Complainants suggestion which is the Basis of the Bill, "That his present Majesty, and all his royal Progeni tors, have in all their Instructions since given to the Governors in Chief directed according to the form and effect of that Declaration." My Lord, I should be wanting in point of duty to the Lieut. Governor if I did not in this place make some enquiry into the Legal Operation of this instruction. 298 THE COLDEN PAPERS. / Indeed this work is in a great measure anticipated, by our Reasons in support of the first Cause of Demurrer. What we have there offered with respect to King William's Declaration is equally applicable to the In struction. We shall not waste the time in unnecessary Repetitions, but justified by the established maxim, Nihil aliud potest Rex, quam quod jure, potest. I beg leave to say that what may have been his Majesty's In tention is one thing; it is another thing how far obedience ought to be enjoined by the Decree of the highest court of Judicature. It is not sufficient to dis cover the Will, but it is the Right of the Prince only, which can endanger the Defendant's acquisitions in the Discharge of his office. Nor should he be ' prejudiced by partial maxims of Policy or speculative Distinctions, which may be thought to have obtained ^for the con- ATenience of Government : Altho' from motives of Prudence or ambition they may sometimes have been submitted to in this or that Province. We have the pleasure of being assured, that before your Lordship Ave shall preserve our Birthright — The Privilege of being Tryed by the ordinary Rules of Equity and Justice which prevail in all other cases of Property. If the Crown has been induced to countenance a Measure in itself unreasonable or injurious, it does not follow, sacred as is the authority, that it is Lawful. So far from it, that it would be the most unpardonable disrespect to the Common Parent of his People, even to impute it to his royal Intention, Avho can neither do nor mean a wrong : but as we have already remarked, it is to be ascrib'd to its proper source the Error or the Inadvertence of his Minister. Let it then appear to your Lordship that the Salary and Perquisites in Question are by some known Rule of Law vested in the King. It can be no presumption to ask for this as an indispensable Pre-requisite to a Power of Disposing or a Rigid of Recovery : We call on the Council for the Crown for their Authorities. We humbly rely, that unless some adjudication, some THE COLDEN PAPERS. 299 solid principle can be shewn, this suit will not be sup ported. But we ha ve the satisfaction to observe that our gra cious sovereign, by this Instruction, neither claims nor intimates any Thing to be his own ; on the contrary He expressly declares that the Salary and Emoluments which are the objects of his Royal Distribution are such as should become due not to his Majesty, but to Sir Henry Moore during his absence from New York. Judging us then by the very evidence which is brought for our Conviction, and taking up the Instruc tion in its plain and obvious sense the claim, instead of receiving strength, must prove the more precarious and unstable. For what is it that has vested the right of Sir Henry M. (if any he had) in the CroAvn ? Surely it is too absurd to suppose that an Interest can be derived from so remote a fountain : but if it was possible to sup port the principle, it would be far from assisting the Complainant. For we humbly conceive, that in case of Absence (the only contingency the King has provided for) and much less of Death (the point really in debate) none of the Profit of Administration, as our Government is administered and provided for, could belong to the Governor in chief, the whole being vested in him who sustains the Burden of the office. If therefore a Lieut. Governor is under no other ob ligation, a compliance with the Direction is not of Necessity but of Choice. It cannot with submission be enjoined by Law, but derives all its influence from a voluntary concession and Acquiescence. Let it not however be objected that on this principle the Instruction is a dead Letter, for should the fear of his Majesty's Displeasure make no impression, the Power of Suspension which is lodged with the Governor in chief, would prove an effectual Motive to obedience while the Royal Intimation would justify the_ Gov.' in exacting according to his own sense of its import, a formal contract to carry it into fill execution. Nor is this a new Doctrine, or an uncommon expedient, for it 300 THE COLDEN PAPERS. is not long since that Gov.' Monckton, being appointed to the command of the armament against Martinique, embraced it as a necessary security, for half of the profits of the Administration which might arise in his absence, and this unless I am misinformed by the advice of an able Council whose name is to the Bill. But to dwell no longer on an objection which can require no farther Elucidation, is it not very strange that the Bill should owe all its Energy to a conjecture that the Instruction adopts and confirms King Williams Declaration. Except that in the absence of a Govern or in Chief both of them require that the Commander in Chief shall enjoy one half of the salary Perquisites tt Emoluments, we can discover not the least simili tude, the most distant connection ; and must it follow that because in one single Instance, they speak the same Language, the Defendant can be entitled to nothing more at any event? Because it is not expressly declared that when the office of Governor in Chief becomes vacant, he Avho exercises the administration shall receive all the advantage that therefore his Majesty is intitled to the one half, Because the King has not secured by his royal Instructions what wanted no security, nor dis posed of that over which he had no power, it is to he inferr'd that it is reserved for his Majesty's Benefit. To support this ingenious system we must renounce the use of Language, and presuppose Terms, AA'hich con vey distinct Ideas, to be Synonomous. We must maintain an absence from New York to be a natural Death. We must suppose that the Salary, Perquisites and Emoluments in question became due to Sir Henry Moore after he had retired to the silent Grave. We must affirm these three Terms, however different in ^Etimology and Import to be equivalent and descriptive of the same identical object. We must suppose that what an officer gains by his Labour, or in Recompence for his services, does not become his property, but is a Tribute to his Prince, for whom he is only a Bailiff ; The honour of the service being a THE COLDEN PAPERS. 30l competent Reward. — We must be capable of conceiving that an obsolete Edict of King William's which un- communicated and uninforced, has for upwards of seventy years been shut up in the Treasury, is indue'd with the resistless Energy of Law. And Avhat is still worse, We must suppose that the Best of Kings, who for the Ease of his British Subjects has freely relin quished a considerable share of his proper Revenue, condescends against the voice of reason and Equity, to secure to himself one half of the Emoluments of an American Government, which have hitherto seldom proved adequate to the Expences of his Governors. Embarrassed with so many Difficulties, We shall leave it to abler Casuists to reconcile the Declaration and Instructions and to support the validity of either in the. sense in which they are expounded — But, per haps, this is a task which may bid Defiance even to the abilities of -the Council for the Crown. Having thus considered the first Topic of Argument, the Defects of his majesty's Title, and therein we hope maintained our-first five Causes of Demurrer, we pro ceed as the next general Head to enquire II. Whether if these Objections should be over ruled, a sufficient Authority, derived from his Majesty, is shewn to compell an Account or justify a Decree. And this leads us to another Passage of our Defence (to wit) "And for further Cause of Demurrer this Defendant sheweth and is advised that there is not any Matter or Thing set forth in the said Bill whereby it doth or can appear that our said now Lord the King hath disposed of, or appropriated, the moiety of the Salary Perquisites or Emoluments in Question in this suit; if any Right or Title thereto his Majesty hath; Or whereby his Lordship the present Governor in Chief, or any other Person whomsoever is or can be authorized to receive or sue for the same, or to acquit or discharge this Defendant therefrom was he there with chargeable wherefore if this Defendant is so chargeable he may be vexed and drawn again into 302 THE COLDEN PAPERS. Controversy for the same matter, by such Person as may hereafter lawfully be authorized by his Majesty for that Purpose." My Lord it is evident that this suit is not set on foot in the usual Course : by the ordinary officer intrusted here with the Receipt of his Majesty's Revenue. The Right if any, arising on a casualty, the Death of Sir Henry Moore, and being grounded on a special Reser vation rather of an authority to dispose than an actual Interest, it was foreseen in England that it could not properly fall within his Province : But demanded a special Grant or appointment, without which a claim could not be justified or the Defendant acquitted. The Complainant sensible of this truth accordingly makes it a foundation of the Bill " That his- Majesty hath signi fied his Royal Will and pleasure, that the money in Question be accounted for and paid to your Lordship of which he alledges the Defendant hath had due notice." He has indeed thought proper to conceal the Instrument by which his Majesty's Pleasure is communicated, most probably from a conviction that a Letter from the Earl of Hillsborough however elevated his Rank and Employment is not in this case a legal Warrant. Hence arises the most satisfactory proof, by appealing to the Bill itself, that the Kings inter position is essential, and that the Claim cannot other wise be maintained; For, that necessity alone could have induced the Council for the Crown to venture on such tender ground, will hardly be doubted. But we humbly insist that the authority ought to have been produced or at least substantially specified and ex- pi ained. That an opportunity might be given to ex amine and inquire into its Authenticity, And to the Defect and Omission in this Respect Avhich Ave rely upon as absolutely fatal, the last cause of Demurrer alludes. My Lord this is not a refined and . . . exception, it is in itself palpable and obvious, and in its conse quences of the utmost Moment to the Defendant. He THE COLDEN PAPERS. 303 is represented in the Bill as the King's Trustee tt Receiver, in ' Virtue of the Royal Commission tt In struction and of an Office which he still sustains. In that capacity avowedly he is charged and called to ac- coun,t Surely then it is natural to enquire who is ap pointed, ancl by what means to controul and supercede this Trust ; and if the authority should prove feeble and groundless, he must be entitled to avail himself of its insufficiency and to be dismissed without farther trouble. For on what principle can he be Prosecuted or compelled to account when none may be empowered to give him an Acquittal if contrary to our expectation he should be chargeable. We need not at present Labour to establish an objec tion of itself so clear, especially since the nature of the Power is well known to your Lordship, to whom he is supposed to be, accountable. It is necessary however, to explain the Law on the subject, and I think it no presumption to affirm, that if the money in Question is demanded in virtue of a Letter from the Secretary of State, uninforced at least by the privy Seal, it must be altogether incompetent for the purpose. The cases I shall offer are so explicit that they re quire no Elucidation — (1 1 Co. 92.) " In the Earl of Devonshire's Case it was resolved that every Warrant of the Queen herself to issue her Treasure is not sufficient for the Queens Warrant by Word of Mouth ; or which is more the Queens Warrant in writing under her Privy Signet is not sufficient and this appears by a judgment of the Exchequer in Petitions Chase, Hill 1 E 4 when such warrant under the Privy Signet was disallowed And yet in some cases the Law takes notice of the Privy Signet, as where the King prohibits any one to pass out of the Realm. But the Warrant which is suffi cient in Law to issue the Kings Treasure ought to be under the Great Seed or the Privy Seal." It will perhaps be urged that altho' this is the Rule in issuing Monies out of the Treasury, it may not fol- 304 THE COLDEN PAPERS. low that the Kings Debts cannot be transferred or dis charged under a less authority. It is therefore proper to shew that the Law is the same in both respects. (Bro. Prerog 183 Fn 6.) In Etherington's Case it was held that the King may discharge a Recognizance under the privy seal tho' even that was doubted. (Ibid 183 G. n 3) But a discharge of a Debt due to the King under the privy Signet is expressly de termined to be insufficient. Fruitless must it be to multiply authorities on a point which I think Mr. Attorney, Avho so well under stands the Crown Law, cannot dispute. I shall there fore only add a Word or two by way of application. If the King himself could not by privy signet dis charge the Defendant from this Debt, it must clearly follow that much less can his Trustee who derives his authority under a sanction vastly inferior. Your Lordship then being unqualified to indemnify him without suit, had he been ever so willing to ac quiesce, I confess I am at a loss for any Ground on which a Decree to compell an obedience to his Majesty's Pleasure, in this Instance, unwarrantably intimated can be justified — Would it not imply that the Power of the Chancery might be extended to subvert the plainest Rules of Law, to transfer the possession of the King's Property contrary to the Order, which the Constitution, for public security, has pointed out ; and place it into hands which have no legal Right to Receive it. Submitting these Remarks in support of our second general Head : " That no sufficient Authority, derived from the Crown is shewn to compell an account or jus tify a Decree," We proceed to enquire III. " Whether more being Demanded, than is war ranted by the Claim as set forth by the Complainant, the Bill on that account ought not so far to be dismissed." And this brings us to the next article of our Defence (to wit) "The Defendant for further Cause of De murrer sheweth, that by the said Bill he, this Defendant THE COLDEN PAPERS. 305 is required to account for one Moiety of the Salary Per quisites tt Emoluments which he hath received or secured, from the Time of the Death of Sir Henry Moore, until the Day of the arrival of his said Lordship Avithin this Government when according to the Com plainants own shewing, no Title Claim or Interest is pretended or set up in the said Bill for his Majesty, to any Salary Perquisites or Emoluments, which have been received by or accrued to this Defendant between the Time of the Death of the said Sir Henry Moore, and the date of the Commission of his Lordship the present Governor in chief, but to the moiety of such only as may have been received by or accrued to this Defendant, from the date of his Lordships Commission untill his arrival within this GoArernment as aforesaid." That we have neither misunderstood or misrepresented the Bill will appear from a Review of the Passages upon Avhich this cause of Demurrer is grounded. And they are to this effect " That from the second day of Janu ary last, which is the date of your Lordships Commis sion, untill the eighteenth Day of October last when your Lordship actually arrived the Defendant continued as Lieut. Governor to exercise the administration. And by virtue thereof during the whole Time last above mentioned hath received for the use of his Majesty and himself in the proportions aforesaid, the Salary allotted for the exercise of the Administration between the Days last above mentioned, and divers Perquisites and Emoluments accruing and arising thereby, between the Days last above mentioned, to a very considerable amount, and hath taken securities for the Payment of other Parts; and with part of the Money hath purchased divers Tracts of Land ; and in lieu of other Parts of the said Salary, Perquisites and Emoluments accruing as aforesaid, between the Days last above mentioned, hath taken in the name of himself and others divers large Tracts of Land. And further for divers considerations hath neglected to receive and hath remit ted other parts of the said Perquisites tt Emoluments, 20 306 THE COLDEN PAPERS. accruing and arising as aforesaid, between the Days last above mentioned to a very considerable amount for one full moiety of all and singular which said Salary Emoluments and Perquisites ttc the said Cadwallader Colden ought to account and satisfy to our said Lord the King." Hence it is manifest that the present Title and De mand is precisely confined to the Salary, Perquisites and Emoluments which have arisen betAveen the Date of your Lordships Commission and your arrival ; during Avhich particular period only, the Defendant is charged with the Receipt and other Transactions, which are the subject of the Complaint. Accordingly the relief and Satisfaction which are sought, are summed up in the close of the Bill in Terms which admit of no doubt or uncertainty (to wit) That his Majesty may be really and truely answered and paid for and satisfied of one full Moiety of all and singular the said Salary Perquisites and Emoluments whatsoever arising as aforesaid " between the Times aforesaid And yet is it inconsistently required" that the Defendant may upon his Corporal Oath set forth and Discover whether any tt what hath been received by him as Lieut. Governor and Commander in chief of this Province as Salary, since the Death of the said Sir Henry Moore." That the Bill is in this Instance faulty, seems so evi dent that I little expected the trouble of offering Reasons to evince it. To what end is an account required of the Profits of Administration between the Death of Sir Henry Moore and the Date of your Lordships Com mission ? Far from making them a Motive of this Suit, or a Ground for the Decree, it is not even suggested that any Thing in that interval arose or came to the hands of the Defendant. He suspects that this inquiry is intended to promote a purpose, very foreign from what my Lord Hillsborough has represented as his Majesty's Pleasure and beyond the present Contro versy; but it is more material to shew it to be im proper and justly exceptionable. THE COLDEN PAPERS. 307 We agree that the Chancery is not like the Common Law, tied down to rigorous Forms and precision in Pleadings. However in imitation of the Civil Law on which its Practice is engrafted, it admits of declinatory and dilatory as well as peremptory Exceptions. Ante Litem Contestatum under one or other of which Ad vantage may be taken of every substantial Defect of a Bill. Thus it is a Rule that, a Defendant shall not be exposed to any unjust vexation. For which Reason tho' he hath no farther Cause of Defence, he may Demur for want of Proper Parties: least he should be aggrieved by a Double Prosecution. It is another Rule that he shall not be loaded with unnecessary Expence, on this Principle he may demur if the Bill is complicated with matters in which he is not charged to have an Agency or connection. Nay so tender is Equity, that he shall not be compelled to answer Interrogatories which do not properly flow from the subject Matter of the Complaint. Far greater Reasons is there s then that the Lt. Governor should not be obliged to state an account of Monies which he is not charged with having received, which are not now claim'd or Demanded and which if Discovered could not be included or affected by the Decree. This must be unconscionable, because it would put him to the trouble and expence without any ten dency to the furtherance of Justice — to the merits of the controversy or the Information of the Court. On the contrary it would incumber the Proceedings and your Lordship with what is altogether foreign and impertinent The present Enquiry as we have seen com prehending nothing but what the Defendant may have received between the Date of your Lordship's Com mission and your arrival. Nor is it to be admitted that the Court can ex officio supply the Complainants Defects, and extend a Remedy to what is not the immediate Object of his Claim; for it is a Maxim in Equity that he shall be relieved according to his own prayer and cannot recover more than he has demanded. 308 THE COLDEN PAPERS. Attorney General vs. Jeanes Hardw. Rep. 355 In all cases except for the Regulation of Charities, the Decree must be founded on the Prayer of the Plaintiffs Bill. I shall not have recourse to further Authorities on a simple Point of Practice, nor enlarge on a Defect which appears to me so obvious, that the bare mention of it, is sufficient to shew that this Cause of Demurrer is substantially and well grounded. I j>roceed therefore to the next in order (to A\dt) " The Defendant for further Cause of Demurrer shew eth that by the said Bill he is called to account for the moiety of the Perquisites and Emoluments as well as of the Salary, accrued to, or received or secured by him from the Time of the Death of the said Sir Henry Moore untill the Day of the arrival of his Lordship within this Government as aforesaid, when according to the Complainants own shewing, his said late Majesty King William the third by the said pretended Declara-. tion which is alledged in the said Bill to be the Regu lation tt establishment in the premises did in fact reserve no more than the disposal of one half of the Salary from the date of the Commission of such Governour in Chief to the Time of his arrival at the Place aforesaid." We have already shewn My Lord that King Wil liam's Declaration is by no means adopted or confirmed by any subsequent Instruction ; that it stands single and unsupported; that it is alone the Basis of the present Claim, that by the Demise of the King it became extinct, and void of authority or effect. But least a contrary Opinion might prevail this Cause of Demurrer is added to give us an opportunity of ex amining it in a more limited vdew ; of insisting on any reasonable Construction ; it can haA-e no Relation to Perquisites or Emoluments. If the Power of the Ci'oaati Avas unquestionable — if reason and Justice had not opposed a more enlarged Reservation — if the different circumstances of the THE COLDEN PAPERS. 309 Revenue at and since the Period when it was form'd had not clearly explain'd the Royal Intention — -in short, if all the obstacles We have suggested in the course of this Argument, had not conspired to refute the Inter pretation asserted in the Bill ; We humbly conceive that Judging the Instrument from itself without the assistance of foreign Aid, the most it can be applied to is the Salary. I own I cannot suspect that the minister in digesting this Declaration, had no Idea of the difference between Salary and Perquisites : and yet if we confine our selves to his own expressions, a fair Construction would justify the charge. In the first clause We find it directed that the Moiety of the Salary and of all Perqtdsites and Emoluments, which would otherwise become due or were allotted to the Governor in Chief, be paid and satisfied to the Lieut Governor or Commander in Chief. In the second it is enjoined that said half salary should not be diverted from him. So that comparing the two clauses together what is termed Salary Perquisites and Emo luments in the fivrst is in the other explained to be Salary alone. In the third the Chief Governor is pro hibited from intermeddling with the said half salary, Perquisites or Emoluments. In the last his Majesty reserves to himself the Disposal of the other Moiety of the said Salary. If then we permit the Instrument to speak for itself Salary is the subject matter and Perquisites and Emoluments mere expletives . improperly added as Equivalent Words to convey the same Idea, and accord ing to this Construction the Salary Was the only Thing intended either to be disposed of or reserv'd. But to avoid this inconsistency, and free the officer from such ignorance as his high Employment doubtless exempted him from, We must conclude that he under stood the force of Language and the distinction between 8ala/ry and Perquisites or Emoluments ; and then the Declaration Avill run thus : (the first clause) That one 310 THE COLDEN PAPERS. half of the Salary and of all Perquisites and Emolu ments (that is of all advantages of the Administration) be allotted to him who exercises it in the absence of the Chief Governor (the second ) must be considered as a Caution to those who had the care of the Kings Revenue, from which the Salary was then supplied, to be watchf ull that the said half salary should not on any account be diverted from him (the third) as an injunc tion on the Chief Governor, by no means to intermed dle either with that or the half of the Perquisites or Emoluments so allotted (the fourth) the reservation to his Majesty of the other half of the said Salary, which considering that it was the effect of his Royal Bounty, was altogether justifiable. But to make way for the Claim, we must re\^erse the maxim to omne majus trahit ad se minus, and contrary to all Rule suppose the Salary, tho simply mentioned in the last Clause, necessarily includes and draws along with it Perquisites and Emoluments which are not only of a Different but of a broader and more extensive Im port and repeatedly enumerated in the preceding Par agraph. We therefore humbly appeal to your Lordship whether the above Explanation does not rescue the In strument from Absurdity, and give sense and weight to every part ? Whether it does not account for the want of such Reservation in latter Instructions, when it became notorious that the Salary was provided for, not out of the royal Treasury, but by the immediate gift of the People ? Surely on any other Principle it is hard to conceive with what view the second article which has otherwise no meaning at all was crowded in to so concise a Declaration ! Why the pretended Es tablishment has for so many yeais been disregarded and buried in oblivion ? Why either before or since Pj esident Van Dam's administration no claim of this nature hath been interposed for the Crown? Why under Circumstances similar to the present in 1702 Lord Combury was not authorized to enforce it against THE COLDEN PAPERS. 311 Lieut. Governor Nanfan, Governor Hunter against Lieut. Gov' Ingoldsby in 1710, Governor Clinton against Lieut. Gov' Clarke in 1743. And. in Later Times, why Sir Charles Hardy was not authorized to enforce it against Lieut Gov' Delancey, or General Monckton or Sir Henry Moore against the Defendant ? Why the single Instance which happened to M' Van Dam in 1732 gave such universal alarm and filled the Province with Con fusion and Uproar ? In short why GoATernor Littleton, tho he applied for. it when he was not long since ap pointed to preside at Jamaica, was opposed and frus trated, and Sir Henry Moore, the Lieut Governor, per mitted quietly to enjoy the whole Profits of that lucrative Employment. I hope after proceeding this Length, I shall not be charged with presumption for intimating that in the hurry of public Business, the present Minister may have furnished the direction thro' Inadvertence and that how ever sacred the authority with which it is impressed, it cannot give a legal Sanction to an Establishment, as we conceive, not only misunderstood but lifeless and obsolete, both from non-user here, and the want of Imitation or of adoption by succeeding Princes. And are all these objections to be removed — all these Difficulties obviated by telling us that because it is registered at the Treasury, however antiquated, it is an Establishment for the Plantation Governments ? That it must be submitted to ; a Trust for the Crown tho unthought of and uncommunicated, being necessarily involved in the acceptance of the administration ? And this too in manifest contradiction to the express Terms of the Royal Commission and Instructions as stated in the Bill ? for it is worthy of remark that it is there alleged that the Defendant undertook whatever had been incumbent on his predecessor Sir Henry Moore, and yet his Obligations are represented to consist in the Duties comprised in his Commission and Instructions, and in what might be enjoined by such further Powers Instructions and Authorities as should at any Time 312 THE COLDEN PAPERS. after be granted or appointed under the signet or sign Manual or by order in privy Council." Thus instead of being subject to former Instructions or Declarations he was evidently confined and bound to yield Obedience only to the present and the future. Indeed it is the singular Misfortune of this Claim that the very foundation on which it is attempted to be raised, plainly Discountenances tt excludes the sup position of any Trust for the Benefit of his Majesty, either expressed or implied. Dismissing therefore this point with these Remarks, we are at length arrived at the last Objection (to wit) " For further Cause of Demurrer this Defendant sheweth that he is requir'd by the said Bill to discover and set forth how much of the Salary Perquisites tt Emoluments, for which he is called to Account, he hath taken and received security for, whether real or personal; what Lands or other things he hath taken in iieu of any sums of money arising therefrom. What other Lands have been purchased by him, or any Per son, or whom, for himself or others, and for whom, with any or hoAV much of any Part of the said Salary Perquisites and Emoluments : And how much was agreed to be paid for such Lands or other Things res pectively : Whereas, according to the Complainants OAvn shewing this Defendant is required, and such is the scope of the Bill to pay tt satisfy one full Moiety of the Salary Perquisites and Emoluments accruing between the Times in this Bill mentioned, and not to assign such Securities if taken, or to convey such Land if purchased or any part thereof for the use of his Majesty^ And this Defendant is therefore advised, that he ought not to be called in Question touching such Securities or Purchases or compelled to render any account concerning the Same. This Defendant conceiving a Discovery thereof to be altogether foreign and impertinent ; and sought after Avith no other view than to vex and injure this Defendant by representing him as a fraudulent bankrupt. THE COLDEN PAPERS. 313 My Lord I take it to be an indisputable Maxim that no Trustee or Receiver has a Right to traffic with the property of his Principal. To Avhatever purpose he may convert it, he must be chargeable with the money itself. If indeed it should appear that he has not suffi cient left to repair the Injury, upon a suggestion of Fraud and Missapplication, perhaps Equity might in terpose and follow the Thing purchased to the hands of the clandestine Trustee in whom it might be vested to elude the Ordinary Course of Justice. I should also think a Trustee hath as little Right to take se curity for the Profits of an office unless by virtue of ex press Authority, for otherwise it is his duty to insist upon payment. There seems to be much stronger Reasons Avhy a Factor may deal for his Employer on credit : and yet has it frequently been determined " that he who has only a bare authority to sell cannot trust, but ought to receive the Money presently on the Sale." (I Butot 104. Mol 436-53) My Lord Holt states this Distinction " Every Factor " says he " of common Right is to sell for ready money : but if he be a factor in a sort of dealing or Trade, where the usage is for Factors to sell on Trust there if he sells to a Person of good Credit, who afterwards becomes insolvent, the Factor is discharged. But if their be no such Usage, and upon a general authority to sell he does it upon Trust he is chargeable." (12 Mod. 514) The present case is clearly within the reason of these authorities, it is notorious that there is no usage to give Credit for the Profits of the administration. For every service perform'd by the Governor he is paid in hand, throughout all the various Departments of his office. If then the Lieut. Governor could be considered in the Light of a Receiver or Trustee : If he has taken the securities suggested in the Bill, it is at his own risk, he has exceeded his authority's and must be responsible even should the Debtors prove insolvent. It is there fore idle to inquire into the nature of these Securities. But not contented with a Discovery, which if submitted 314 THE COLDEN PAPERS. to could have had no sort of Influence on the Decree ; the Bill proceeds a much greater 'Length, demanding an account of what Lands the Defendant may have purchased for himself or others with any of the profits of administration — to what end is this exacted or can it contribute ? Will it be pretended that the Crown is interested and can command a share of such Purchase, because the Defendant may have applied in payment part of the Salary or Perquisites ? According to this Doctrine because he was the Kings Lieut. Governor, he could become vested with no separate Estate ; but has the honour to hold all he may have acquired in Common Avith his Majesty. The Relief therefore is in this Instance certainly too broad ; grasping at what is unconceivable, useless and impertinent. I hope the Lieut Gov', is mistaken in suspecting it to have pro ceeded from a Design to represent him to your Lordship in the character of a fraudulent Bankrupt. I must think however it displays an uncommon Thirst of Curiosity which cannot be justified and ought not to be indulged. And I therefore conclude that the exception to the Bill is solid and well taken. My Lord, we have now gone through the three heads' of our argument, and in some Method endeavour'd to establish the several Causes of Demurrer. We have considered the Power of the Crown to assume a share of the Perquisites and Emoluments of Administration, and have hinted the Mischiefs and inconveniences of which it might be productive. Not by way of Cen sure ; for we think this Declaration incapable of any such inference ; but to defeat the Complainants con struction by holding up its repugnance to constitutional Principles. We have shewn that no Reservation in favour of King Williams Successors is provided by or can be collected from, the pretended establishment that on his Demise it became extinct and of no validity. We have compared it with subsequent and the late In structions. Their legal operation and Remoteness from the present Demand, we have pointed out. We THE COLDEN PAPERS. 315 have enquired into the authorities by which this suit is instituted and found it to be incompetent. We have examined the objections to the Bill itself, as extending to the profits of the Administration between Sir Henry Moore's death and the date of your Lordship's com mission, which are not now claimed — to Perquisites tt Emoluments when even King Williams Declaration only reached the Salary — to securities which ought not to be assign'd — to the Purchase of Lands in which at any event his Majesty can have no interest. We have insisted that the relief sought after, in these Instances is unprecedented and unconscionable, since it would ex pose the Lieut. Governor to Trouble and Expense without any Tendency to the Merits of the Controversy or the furtherance of Justice. Hoav far we have suc ceeded is most humbly submitted to your Lordships Judgment. Upon the whole, if the Kings Prerogative to author ize an establishment in the sense contended for is questionable — If the Declaration contains no Reserva tion in favour of succeeding Princes — If it has no Relation to Perquisites and Emoluments — If even with respect to the Salary it was grounded on the Equity of its proceeding from the Royal Bounty — If by the Demise of King William it became extinct — If on the alteration of the- proAdncial Revenue and the mode of Providing the support of Government the Ground of the Reservation was abolished — If it neArer was adopted by succeeding Princes — If on the Contrary their In structions on the subject are explicit and yet communi cated no Trust for the King's benefit — If they do not in this Respect, extend to the Incident of a Vacancy by the Death of the Chief Governor — In either of these cases which are stated for your Lordships Consider ation, We presume that the present claim must be de feated : and that the Lieut. Governor ought to be quieted in the advantages which have arisen from his late accession to the Administration. We are sensible hoAV much we have trespassed upon 316 THE COLDEN PAPERS. your Lordship's Time — how much we stand in need of Indulgence ; but the nature of the Debate which obliges us to descend to every Objection, its Novelty, and its importance will we trust in some Measure plead our Excuse. To Arthur Mairs, Esq. By the Doke Packet. Spring Hill, March 9th, 1771. Sir, My last to you was of the 17th January. Inclosed is the Copy of Mr. Duane's Argument which I then in formed you he had delivered on the 10th. The Attorney General and Mr. Smith both Argued in support of the Right set up for the CroAvn on the 7th of last month and M' Duane closed the argument with a Reply on my Part last Thursday. We think it easy to discover in the Attorney Generals Argument, that it was a work of necessity not of choice — an endeavour to vindicate Meas ures and Principles which himself thinks unjust and unsupportable. But Mr Smith has entered into the cause with all his soul — he is an able Disputant, and has an easiness of Principles that allows him to affirm deny or Pervert any thing with a confidence sufficient to deceive the unwary — Of this his argument affords ample Testimony. M' Duane in his closing argument has answered him fully ; has refuted eAeiy Principle, every point of Law or Fact, by which he endeavours to support the Title of the Crown to the money demand ed, and has most powerfully strengthened the arguments by which he formerly maintained the sole Right to be in me. The arguments have been attended by the most respectable Gentlemen in Town ; I have not heard of one who does not allow that the Defence we have made is solid and conclusive — Every argument, matter of law THE COLDEN PAPERS. 317 or Fact advanced by Smith, fairly refuted — Yet, hard Case ! no man doubts but that Lord Dunmore will over rule the Demurrer — for no man doubts that he is sitting to Judge in his own Cause — he has taken a week for consideration ; so that next Thursday his Decree upon the Demurrer wall be known. If against me I shall enter an Appeal to the King in Privy Council. Many very obvious Reasons might be urged why in this case the Relief should not be in that Tribunal, but we fear the appeal may be lost, if made to any other Court. However this is a matter which you will please to Lay before my Council for their immediate Consultation ; whether upon petition the King may not refer the Ap peal to the Judges If they should think this a proper step I must beg they will be prepared to proceed as soon as you receive my Appeal, which I make no doubt will be by the next Packet — we find in the Books that upon Petition Appeals from the Decrees of the Chancellor of the Exchequer have been Referred to the Judges, as the proper Resort, when the Controversy has been be tween subject tt subject. I am as the action is laid unhappily involved in a Controversy with the Crown, Avhich affords weighty Reasons for a reference to the Judges. It has been said that Lord Dunmore intended to pos sess himself of all the Arguments and transmit them to England for advice before he gave his Decree —I wish he may act with even that degree of Prudence. If he does not give a Decree next Thursday, I shall imagine it is so. He insisted upon taking Mr. Duane's last argument from him in Court altho told it Avas scarcely legible, and that a fair copy should be made as soon as possible ; this must proceed either from a design of send ing the papers Home by this Packet, or from the same spirit of impetuosity which hasgovern'd throughout this suit. I mention this, that my Council may be aware of whatever may happen. I have not yet heard from you and wait wdth great Impatience for the arrival of the January Mail, by 318 THE COLDEN PAPERS. Avhich no doubt I shall hear from you, if not from the Gentlemen I hope you have retaind for me. In my last Letter I desired you would consult with my Council and take their Directions for making a carefull inspection of the Entry at the Treasury Office of King Wm8 Declaration, said to be originally enterd there in 1697 or 1698 — I repeat it now least that Letter may have miscarried. The Reason for desiring a care ful inspection to be made is that I was inform'd many years agoe that the little word of had been inserted by a Clark, in the Instruction to the Governors — which directs that half of the Salary and of all Perquisites tt Emoluments should be paid to the L' Gov' — that be fore this interpolation of the word of the Direction that one half of the Salary and all the Perquisites ttc. should belong to the L' GoATernour when exercising the administration — You will readilly see the great Im portance of the Inquiry I desire to be made at the Treasury office — this single Word of, in that one in stance is the sole Basis of the Demand made upon me • — Should you discover that it is not in the original or that it appears to have been interpolated the suit on their OAvn Principles must fall to the ground; this can only be discovered by a careful inspection of the original Entry at the Treasury. Whatever I write to you I expect will be fully laid before my Council tt Communicated to M' Johnson, if he has engaged with you in the Agency for me. To Dn WM Saml Johnson, London New York, April 2d 1771 Dear Sir, The judicious steps you took in my affairs upon my Letters of NpyM2'h gives me the greatest reason to think myself happy in your assistance: nothing could have been done better had I been present to Advise. THE COLDEN PAPERS. 319 My Letters to Mr Mairs (to whom I have only wrote desiring him to communicate them to you) of Decern' 6th Jany 17th March 9th contain a particular Detail of the proceedings in my Cause here. In the last I in form'd him that Mr Duane having closed the Argument upon the Demurrer the preceding Thursday, Ld Dun more had appointed the following Thursday to give his Decree. On that Day he deferred it for a fortnight Longer tt immediately after called in the four Judges of the Supreme Court and Laid the Whole Proceedings before them for their opinion. This Measure gives me great satisfaction. It proceeded from the advice of some Person who was truly concern'd for his Lordships Character and who ever he is Deserves applause. We only know that M' Smith had never any part in it, nor an opportunity of oversetting it. The judges have the papers still under Consideration they are Lengthy, and the Judges are obliged to go through them separately which takes up Time. The Cause now Lies in a Way very different from what it has before done, and I have great hopes will be determined with much less Trouble than There before expected. The voice of the People is that the Cause is so clear, the Judges must give their opinion in my favour. His Lordship Will cer tainly find it Not so clear a Cause for the Crown (or rather for himself) as he had conceiv'd it to be. Our Arguments made no manner of impression upon him. I believe he seldom alters his Opinion, but in this Case he will hardly Venture to give a Decree contrary to the Opinion of all the Judges. Should they disagree he may still follow his own Byas. The affair being in this situation our proceedings must be suspended and I hope will not give much more trouble. However Sir as you tell me that you expect to leave London this Spring, I must beg you to think of some person to succeed you in the Agency for me with Mr Mayrs and mention him to M'. Mayers that he may employ him in case there should be occasion 1 have no manner of Diffidence of Mr Mayrs but can 320 THE COLDEN PAPERS. readily conceive that in his situation, it may not be convenient for him to be Active and it will be necessary to have some Person to do the active part. You say that Lord Hillsborough wish'd I had let him know that I expected to keep the whole profits of my administration. I should as soon have thought it necessary to Inform him that I expected to keep every part of my Estate. His Lordship looks upon the money Demanded of me, to be so absolutely Lord Dunmore's property that he can have no ground to Desire him to give it up. Can Lord Hillsborough then quietly suffer the Suit to go on in the Kings Name, and the proprie tor (by this fiction) Sitting Judge on his own Cause \ Will not his Majestys Justice be impeached thro his Minister by such Conduct? Lord Hillsborough is pleased to Allow that I had formerly some Merit, but says some part of my conduct in my Last Administra tion gave uneasiness to Government. His Lordship has not been pleased to point these out or Inform me of it. I am condemned tt punished without even knowing the fault of Avhich I am accused. Certain I am it never was in my power to do More tt I never did more real servis to Government than in my Last Administration. Facts will speak and to them I trust. As to his Lordships proposal of an accommoda tion Avith Lord Dunmore it has never been in my power. The Atty. G1. received his Lordships Directions to file a Bill against me before I had the Least Reason to immagine he intended a suit. A man must be very Diffident of his right who proposes an Accommodation in such a Situation. I have the strongest conviction of my right, and that the Method of Proceeding against me is illegal and Oppressive. An Accommodation now cannot be propos'd. Your friends here have sometimes been pleased with a Report that you was comeing out our Chief Justice. I wish you may have thought of it in Earnest. Mr. Horsmanden is very infirm and cannot hold out much longer-^if you have Reason to think you could obtain a THE COLDEN PAPERS. 321 Mandamus for this office with the Sterling Salary-^-M' Pratt had Jg£500) it would be worth your staying some Time longer in Englanddt Would be very agreeable to many here to see you in that office — It is supposed that Mr. Smith is making Interest for it, but all moderate men dread his having so much power. To Arthur Mairs, Esq. New York, April 2d 1771. Dear Sir, The Inclosed to Dr Johnson will inform you of an unexpected Event in the prosecution of Lord Dunmores suit against me greatly to my satisfaction, which must suspend our operations till the Issue is known, which will probably be next Thursday. I am entirely sattisfied with the manner in which* you proposed to act for me, and am much obliged to you for undertaking it under Circumstances that must render it rather Inconvenient to you. I have strong Expectations that I shall not havre occasion to give you much more trouble on this affair with Lord Dunmore ; but in case of a Disagreement in the Opinion of the Judges his Lordship decreeing contrary to their opinion should render it still necessary for me to pro ceed to England I have desired D'. Johnson should he quit England to procure a fit person to succeed him in the agency for me with you. This person should be one who can undertake the active part as Dr. Johnson has Done. Please to present my most respectfull compliments to Sir Jeff Amherst. I am much obliged to him for the sentiments he is pleased to Express of me. I hate a Law Suit as much as he possibly can do, but it can not always be avoided, Lord Dunmore commenced this suit in which I am now engaged more peremptorily than is ordinarily done between Creditors and Debtors 21 322 THE COLDEN PAPERS. of any abilities and has since Driven it on 'with Vehe mence. You will please to sattisfy D'. Johnson handsomely for the Trouble he has had in my affairs before he Leaves England. I cannot give you a hint of the Quantum as I can have no Idea of the Trouble or Ex pense he may have sustained on my Account and there fore leave it entirely to you. If he is not in London when you Receive this you will open his Letter. To DE WM Saml. Johnson. New York, May 8th 1771. Dear Sir, The Packet had so long a Passage that I did not re ceive your favour of February 5th 'till last week. In my former Letter I inform'd you that Mr. Duane had closed the arguments on the Demurrer the 7th of March, tt that Ld Dunmore the week after had called in the four Judges of the Supreme Court to give their Opinion upon the Bill Demurrer tt arguments. I have noAV the pleasure to inform you that the four Judges after a de liberate Consideration, did, about three weeks agoe, return their Opinions to his Lordship in writing that the Demurrer was good in all the essential Points — that the Crown could have no Right to any part of the Sal ary granted to me by the Legislature of the Province, or of the Emoluments which I had received, and that the sole right was in me. The concurrent opinion of four disinterested Men, two of them thought to be rather prejudiced, against me, so fully in my favour, is the highest indication of the just right I had to withstand the Demand, and is a check his Lordship little expected. He has not held a court since he received the Judges Opinions, nor can we conjecture what he will now do. Before he had the Judges Opinions he was resolved to decree against me. He told the Judges it was a very THE COLDEN PAPERS. 323 clear case, and that he did not desire their assistance from any difficulty he was under, but merely as a pru dent Measure considering it might be thought that he was Interested. I am told he still thinks it as clear a case as before ; if so, I do not know but he may not withstanding the Judges opinions, Decree against me. He has received his Commission for Virginia, but says he does not intend going there till he has answers to letters he has wrote his friends to obtain Leave for him to keep this Government. I am sensible of your attention to my affairs in hav ing procured a sollicitor. What is his name ? If we had not such a capricious ignorant Lord to deal with, I should have no fears of any farther trouble, but from him and his Council Mr Smith I know not what to ex pect. At this time I have nothing further to commu nicate, but my hearty thanks for your good Services, assuring you that I am with affectionate Esteem Dear Sir, &« To Arthur Mairs, Esq. New York, 8th May 1771. Dear Sir, I have a kind Letter from Dr Johnson of Febry 5th by the last Packett, and am well pleased with the at tention he shews to my Business, by haveing engaged a Sollicitor in case one should be wanted ; but the re sult of Lord Dunmore's calling in the four Judges of the Supreme Court for their Opinion, of which step I inform'd you in my last Letter, has been such that I think there cannot be much more occasion for my giving trouble to my Friends on this vexatious Suit. It is about three weeks since the Judges all concurred in an opinion totally in my favour, tt against the Demand; since which his Lordship has taken no step — but I hear he is not satisfied. It is said he does not intend going soon to the Gov' 324 THE COLDEN PAPERS. of Virginia, as he hopes to obtain leave to remain here — While he stays, and till something further is done in the Suit I must remain on my Guard, and keep the assistance ready which you have procured. I am, Dear Sir, I hope you have taken care to satisfy Dr Johnson as I desired. David Colden to N. Y. June 8th Sir, Yesterday my Father received an intimation that Lord Dunmore was preparing to send all the Papers relative to the Controversy between them to the Minis try, by a ship which sails Tomorrow. I came directly to Town, with my Fathers directions to transmit copies of the Judges Opinions to you by the same ship. I had occasion to wait on Lord Dunmore as soon as I came to Town. He of his own accord was pleased to tell me that he was sending all the Papers home, in order to receive the advice of the Ministry upon them, and that he should give no Decree till he had received that advice. He added, that notwithstanding the Judges opinion if he was now to give a Decree upon his own judgment, it must be against my Father. You will please sir, to hand the inclosed Copies of the Opinions of the four Judges of our Supreme Court to Dr Johnson, or if he has left London to the Sollicitor whom he has engaged for my Father, and desire him to wait on my Father's Council to inform them of the Measure now taken by Lord Dunmore. As the Matter cannot in this way lye judicially before any Board in England, but only for advice from the Ministry, or his Lordships friends, we do not see that any inter position can be made on our Part, but if the Council should be of a different Opinion as they may very prob ably be, being so much better acquainted Avith the THE COLDEN PAPERS. 325 modes of Proceeding and what may be proper, my Father wishes them to take whatever steps may be most likely to give the Judges opinions and the Argu ment by which his Right is supported the greatest weight with whomever may have the consideration of the Papers sent home by Lord Dunmore. Among the Papers already transmitted to you is a copy of Mr Duanes first Argument for my Father — and we shall send a Copy of his closeing argument by a Gentleman who goes for London in eight or ten Days — it could not be got ready now and then supply any Thing that may be omitted in the very great hurry in which I am now obliged to write — DC. To the Earl of Hillsborough. June 15th 1771. My Lord, Had I nothing to offer your Lordship but from my self, I am too sensible how ineffectual it would be, to think of giving either your Lordship or myself the trouble But the Right upon which I have insisted that I am entitled to the whole Profits arising from the late administration of this Government by me, has received such a Confirmation from the unanimous Opinion of the four Judges of our Supreme Court, given at the Request of Lord Dunmore, who laid the whole Proceed ings before them, that under this authority I presume what I now lay before your Lordship must have some ypeight. Lord Dunmore told my Son, some Days ago, that he was then transmitting all the Papers relating to the Suit between the Crown tt me, in order to receive the advice of his Majesty's Ministers upon them, that, not withstanding the Opinion he had received from the Judges, if he was now to give a Decree, upon his Con science according to the Oath he had taken, he must 326 THE COLDEN PAPERS. give it against me : but that he should now wait and give his decree according to the advice or directions which he should receive from the Ministry. — Among the Papers his Lordship transmits, no doubt, my Lord you will have the Opinions of our Judges- — I beg leave to set the most material Parts in one view. You will find the Judges agree my Lord in this general Opinion that the Crown can have no Right to any Part of the Salary Perquisites or Emoluments received by me in the administration of this Government — That the De murrer to the Bill is well taken, and substantially sup ported by the arguments on my Part. Mr. Justice Livingston tt Mr. Justice Ludlow have been particular, tt have given their Opinions upon every Point of the Demurrer : which your Lordship will find is that tho' the King might apportion any Salary given by him to his Governors, according to his Pleasure, yet the Salary granted to me Personally, by an act of the Legislature, the King can in no wise ap propriate to his own use, or grant to another, and that on this Principle, that the King can do nothing con trary to Law. They declare that the Law considers all fees, which includes Perquisites tt Emoluments, as Recompence due to the officer for his Labour, and not as a bounty bestowed by the King, who can not raise or Grant them ; that being a Tallage on the subject — That the King would not reserve to himself Perquisites and Emoluments which never were his, — that as Fees do not proceed from the Crown, but are the mere Earn ings of the officer, they can not be disposed of by the Crown neither can the King order the Subject to' take only half of what is his just due — and that of estab lished Fees tt so of all others, the Party can not be de prived without an act of Parliament In considering the supposition charged in the Bill of a Contract between the Crown and me, these Gentlemen are of Opinion, my Lord, that the Instruction to the Governors does not touch the present case, and that by the Declaration of King William no Part of the Per- THE COLDEN PAPERS. 327 quisites and Emoluments is reserved to the Crown; the King can not therefore be intitled to them by an im plied Contract. But in case this should be thought inconclusive, the Judges Enquire whether' such a Con tract may Lawfully be made, and declare it to be against Law — that such a Regulation would be void ; the King haveing no Power to establish fees, much less to dispose of or reserve them. — That a Governor agree ing to give his Majesty a share of the Profits of his of fice, would be liable to the Penalty inflicted by statute on the Buyer of an office, which is no less than render ing his office void ab initio, and himself forever inca pable of holding the same office for the future — that the King cannot dispence with this disability — and that such a sale of offices is Finable. It would be a hard Construction says Judge Livingston to render a Man guilty of so high a crime by Implication. I am perswaded my Lord that his Majesty's Ministers need only be convinced of the justness of these opinions, ¦ to determine in exact Conformity — The Gentlemen who have given them are of abilities and great application. They have quoted the most established authorities on every Point ; and Reason upon them in a manner that carries Conviction — -Their Opinions are so consonant to natural Equity, of which every Man can tt will Judge, that the People of the Province have universally ex pressed a high satisfaction in them, and unavoidably take sides upon it — The issue of this Cause is therefore of consequence as it must make an impression on the Minds of the People either favourable to Government, or very much other wise, especially in the Course Lord Dunmore has nowr put it. PS. My Lord, as it is possible Lord Dunmore may not think it necessary to send Home the Judges Opin ions, I have it but to add, to the abstract I have given of the principal Points, by incloseing Copies of the Opin ions at large, that your Lordships may have the fullest information. 328 the colden papers. David Colden to Arthur Mairs Esq" June 18 I wrote to you on the 8th by the Ship Lord Dun more Captu Lawrance and Inclosed Copies of the Opin ions of our Judges given at the Request of Lord Dun more upon the Controversey between him and my Father ; his Lordship having Transmitted the proceed ings Home for the Advise of the Minestrey on which he Intended to form his Decree. As this is not a Ju dicial Course of proceeding we do not know that any thing Can be Done on our part, but are desirous that Those who Act for us in England Should always have the fullest information that they may be able to take Such Steps as particular Circumstances Not to be known here may Render Necessary — We are Dis- apointed of the Copy of M' Duanes Last Argument which we Intended to Transmit at this Time it Must be sent the Next Conveyance M' Ralph Izard a Gentle man of Considerable Fortune and distinction in South Carolina, who has Married one of My Sister Delances Daughters, goes at this Time to London With Capt Miller, and will Call on You at my Fathers Desire To Learn from You, Every thing you May know Concern ing my Fathers Affairs and if any thing ouccurs in which you May wish for advise. My Father will be Well pleased that You take M' Izard or Direct the Sol- liscitor to do So, for we Suppose Df Johnson is not in London. My Father has wrote to Lord Hillsborough at this Time and Sent home Copies of the Judges Opin ions least Lord Dunmore Should Not have thought them a necessary Point of the proceedings to be Trans mitted. D. C. THE COLDEN PAPERS. 329 To Thomas Life, Esq, Basing Hall Street, London. Oct' 1. 1771. Sir, D' Johnson tells me that before he left London a Petition was prepared to be presented on my behalf to the King, and that you would wait my directions upon it The unanimous Opinion of our Judges in my Favour, and the removal of Lord Dunmore to Virginia, are circumstances which give me strong expectations that the Proceedings -will not be revived. I think there is now no danger of anything being done here, unless directions are given for that purpose by the Ministry, who will certainly be cautious in opposing the senti ments of the Judges, which appear to be formed on so good Grounds. These reasons incline me at present to suspend any other application than what I may have made by Letter to Lord Hillsborough — I have had but very little conversation with D' Johnson who could only favor me with a short visit, before he went to his Family. If upon further consideration I should determine to petition the King, I will take the first op portunity to give you directions for that purpose. But should you anyhow discover that Lord Dunmore's Friends in the Ministry will give you directions or ad vice to have the Proceedings revived here, I would in that case have you without loss of Time, to proceed with the Petition by applying to my Council upon it, who will resolve upon the most proper manner of pre senting it to the King — Please to write to me by the Packet, I shall be glad to hear from you, tho' nothing material should happen. 330 THE COLDEN PAPERS. MEMORANDUM. April 6th Wednesday, 1774. Governor Tryon delivered the following Papers to Lieut Gov'. Colden — viz : — 7th April, 1773. Order of the King suspending all. Grants of Land, except to reduced officers and soldiers untill further Order — 1773, June 9th Read in Council and ordered to be enter'd in the Minutes. 24th November 1773. Additional Instruction to Gov1'. Tryon forbidding him to give his assent to any Bill for the naturalization of Aliens — the Divorce of Marriages — and for establishing Titles to Lands held under aliens. The Memorial of the Judges and Justices of the in ferior Court of Common Pleas and Justices of the Peace for the County of Dutches praying an alteration in the Time for holding their Courts. 22d. March 1774. The Petition of Col. Thomas Ord praying a grant of a Tract of Land upon an order of the King & Privy Council. 23d. March, 1774. Petition of Walter Rutherford praying a Grant of 5000 acres of Land, upon an order of the King in Council. 23d. March 1774. Petition of Henry Balfour by his attorney Walter Rutherford, praying a Grant of 5000 acres of Land upon an order of the King in Council. 6th April. The Certificate of Peter Totten that he and his associates had disposed of all their equitable Right and Title to Lott No. 27 in the late Indian Purchase made for the benefit of Joseph Totten tt Stephen Cross- field, to Captain Farrington and others- — 23d March 1774. The Petition of Hugh Morrison a non Commissioned officer, Avith his certificate and Location. The Petition of Peter Deacon and sundry other Non Commissioned officers tt soldiers, for 2000 acres of Land in Harpur's Purchase. THE COLDEN PAPERS. 331 Petition of Peter Wharton Gregory for 2000 acres of Land in Harpurs Purchase, with his Certificate. The Petition of James Jancen for a Grant of two Non Commissioned Officer's Rights of Land, with the Petition and certificates of the said non commissioned officers. The Petition of Donald Mc Pherson and his asso ciates with three Certificates. The Petition of Hugh McNab, with certificates. The Petition of Robert Lake for a Grant of 3480 acres of Land in the County of Glouster. The Petition of Paul Hogstrasser John James Abbott and John Tillman. The Petition of the Proprietors of Westenhook, with the examination of Robert Yates, Esq, Do. of G. G. Marselis, Tho8. Hun and John Ten Broock — Do of John Hansen The Petition of Godfried Swan. The two following Petitions were delivered to Me by Col. Fanning, viz : The Petition of Stephen Slott and Samuel Sidman for 2000 acres of Land 7th Feby, 1774. The Petition of John Russ and his Associates for a Grant of Lands to the northward of the North Bounds of the Province of New Jersey. This Day I received of Col. Fanning twelve blank Mideteranean Passes for which I gave him my Receipt and paid him £15 stg. Exd. at 180 makes £27 currency. This Day Gov'. Tryon and my Father executed an Indenture of Covenants, for disposeing of the Salary and Emoluments of Government, Gov'. Tryon delivered to my Father the Duplicate of his Letter to Nathaniel Coffin, Esq, at Boston of which the following is a copy. Duplicate. New York 6th April 1 774. Sir, Having received the King's Commands to return to England for a short Time, I desire you to pay to Lieut. Governor Cadwallader Colden or his order, one half of 332 THE COLDEN PAPERS. the Salary made payable to Me by his Majesty's War rant as Governor of New York, after deducting your Commissions of two and a half p' Cent, to commence from the nineteenth Day of April Instant and to be continued till further Orders from Me. The other Moiety of my Salary to be paid to the Honble Henry White Esq, my agent and attorney in this city, or his order, Your observance of these Directions will much oblige, Sir, Your most Obedient Servant Wm. Tryon. Nathaniel Coffin, Esq. Gov. Tryon directed M Banyar to pay to my Father, out of Money in his Hands, whatever was the amount of the Moiety of the Salary from the Day he left this Province to the 19th Day of this Instant April. This Evening (6th April) Gov' Tryon delivered the following Letters to my Father From the Earl of Dartmouth — No 14. 28 Oct 1773. No. 15. I8* Dec 1773. No 16. 8th Jany, 1774. A Letterfrom the East India Company 8th Jany 1774. Extract of a Letter from the Earl of Dartmouth to Major Gen1. Haldimand 8th January 1774. A letter from John Pownall Esq. I8' Dec' 1773. At the same Time the Gov' left with my Father his Copy Book of Letters to the Secrettary of State with leave to make Minutes of them which I did, and de livered the Book this Morning — April 7th to Ben John son the Gov'8 Servant, the Gov1 being then gone to Greenwich. Thursday April 7th This Day between eight and nine o'clock Gov' Tryon gave Me the great Seal at his House, to be delivered to my Father, which I imme diately did. Between 9 and 10 o'clock this Day Gov' Tryon em barked on Board the Mercury Packett, Capt" Dillon, and immediately sail'd. THE COLDEN PAPERS. 333 The Council met at my Father's Room soon after the Gov' embarked, before them quallified enew. Wednesday April 8. 1774. Mr Kemble delivered to my Father nine blank Registers sealed and signed by Gov' Tryon. To John Collins, Esq* Deputy Surveyor General of Quebec. New York, April 18th 1774. Sir, Governor Tryon desired I would transmit to you the Resolves of our Assembly, upon the Overture made by ) ou for compleating the partition Line between this Colony and Quebec, which you Avill find inclosed. , I am, Sir, ttc. To Nathaniel Coffin,. Esq. at Boston. New York, 28th April, 1774. Sir, Governor Tiyon left with me the Duplicate of his Letter to you of the 6th Inst, desiring you to pay to Me, or my Order, one half of the Salary made payable to him as governor of New York, after deducting your commissions of two and a half pr cent, to commence from the 19th Day of this Month. As I doubt not you will have received the first Letter, which M' Tryon transmitted to you himself, I shall not now send the Duplicate: but beg favor of you to let me know at what Times I may draw upon you for my Proportion of the Salary ; and that Mr Elliott may have dk-ections to pay the Bills here in the same way that it was ordered for Governor Tryon. I am, Sir. 334 THE COLDEN papers. To the Earl of Dartmouth. No. 1. New York, 4th May 1774. My Lord, By Governor Tryon's absence from this Government the administration has again devolved upon Me. It shall be my study so to discharge my Duty, that I may ensure your Lordship's Protection, and be made happy by my royal Master's approbation of the last services of a very old Servant. Governor Tryon went Home enabled to give your Lordship the fullest Information of the state of this Province. I need not mention any Thing that he was acquainted with. The only Matter of consequence which has occurred since he left us, is the Transactions relative to the Tea from London. Captain Lockyer, Avith the so long look'd for Tea from the India Company, arrived at Sandy Hook on the 19th of last Month, the ship came no farther up, and a fewT days after sail'd from thence again for London with the Tea on Board. Neither the Captain, nor any other, made the least application to me about the Ship or her Cargoe. The account of this affair, publish'd in the enclosed news Paper is as particular and full as any that I could procure. In the same Paper your Lordship will find an account of some more violent Proceedings against a Parcell of Tea imported by Captain Chambers in the Ship London, who arrived here while Captain Lockyer was in this Place. As no Application was made to me by Captain Chambers or any other before or since this riotous Event, I cannot give your Lordship a better account of it than is contained in the printed Paper. It happened early in the Evenings and tho' a pretty large number of Spectators were assembled, the Quarter where I reside, and the greatest Part of the Town Avere perfectly Quiet. It is said Captn Chambers drew the particular Resent ment of the People upon himself, by the duplicity of THE COLDEN PAPERS. 335 his Conduct. Last Fall he claim'd applause Here, for being the first who refused to take the India Compa nies Tea on board his Ship ; and received public Thanks from the People of this place for it. A feAV days after Governor Tryon went from here, a small sloop loaded with Dutch Tea, Duck ttc, was seized by an officer of the Custom House. She was taken in this Port at Noon Day, and secured without any Tumult on the occasion. Since Governor Tryon embarked I have received your Lordship's Letters N° 17 and 18. Likewise his Majesty's additional Instruction of the 3d of February, and your Lordships circular Letter accompanying it. I laid the Instruction and Letter before the Council Avho have still under consideration in order to form such Rules for our future conduct as may be consonant to his Majesty's Commands. I have likewise received your Lordsp8 separate Letter of the 5th of February, relative to the case of Capt. David Price. I beg your Lordship may be assured that I will pay the strictest obedience to his Majesty's Commands, tt that I Avill endeavour to execute them in the most faithfull Manner. I am To Governor Tryon. New York, 4th May 1774. Dear Sir, The Packett which arrived so soon after your depar- ' ture, that they saw your ship going to sea, brought a most unexpected dismission of Mr. Banyar from his Deputyship. This Event is a very particular Loss to Me, but of still greater Consequence to the Public. Your Excellency is so well acquainted with his abilities, great application to Business and his Integrity, you will join in lamenting his dismission. He has at all times been a warm friend to Government, of which number 336 THE COLDEN PAPERS. We have not any to spare. Such Discouragement has bad Effects. The long looked for Tea Ship arrived at the Hook the 19th of last Month, and came no farther up. No application of any kind was made to me about her. Some of our hot heads would have a Parade when the Captain left Town. It was disapproved of by all the better sort of People, but you know they do not govern upon these occasions. However it was merely a Parade, Avithout any Insult to Government or Individuals. The Town in general, and particularly the Quarter where I reside, wras as quiet as if nothing of the kind had been in Agitation. The Evening before Captain Lockyer went down to his ship, Captain Chambers arrived with some Boxes of fine Tea on board which he brought on his own account of which the People Here had notice by way of Phila delphia before he arrived. Last Voyage he claimed some Merit for being the first who refused to take the India Companies Tea on board — the duplicity of his conduct drew a particular Resentment upon him. His Tea was destroyed presently after the ship got to the Dock, and the Captain thought it was best to go off himself next Day with Captain Lockyer. Your Excel lency is so well acquainted with the Spirit of the Times, that I need not pretend to explain these Transactions to you. Indeed as no Application was made to Govern ment in any shape, either upon account of the Tea Ship or Captain Chambers, the enclosed News Paper contains the best relation of these Transactions AArhich I am able to give. We wait with anxious suspense for the De termination of Parliament. A Day or two after your Excellency left us, my Grandson Richd Colden step'd on board a small sloop lying at a Dock, loaded with Dutch Tea, Gin, Duck ttc. He seized her, and got her brought down to the Bat tery and secured at noon Day, without any Tumult. The smugglers had so daringly exposed this Cargoe that every Body thought they justly deserved to loose THE COLDEN PAPERS. ,337 it. As soon as the sales are completed ^and the accounts settled your Excellency's half of the Governors third will be paid to Mr. White. In the Cause between Parson Bloomer and the Church Wardens of Jamaica, Mr. Scott for the Church Wardens appeal'd from the Decree your Excellency gave the Day before you embarked. As I apprehend the Contention is not so much for the value in suit, as for the superiority of Church or Presbyterian, I im- magine the Appeal will be carried on in a Manner that will run the costs very high, and therefore I ordered them to give security in £1000 stg. I have received the new Regulations for granting Lands in this Province, contain'd in his Majesty's ad ditional Instruction of the 3d of February, and an explanatory Letter from Lord Dartmouth of the 5th of February. I laid them both before the Council, who have had them under consideration above three weeks, and are not yet ready to give Me their advice upon them. There is a Provisoe in Lord Dartmouth's Let ter which occasion's a Perplexity : the Paragraph is as follows: — "It is not the King's Intention that those who haA^e hitherto obtained orders in Council for Lands in America, and have not yet located them, should be precluded by this Plan from carrying those orders into Execution, conformable to the directions contained therein, nor is it meant to preclude any Claim to a Grant of Lands founded on any antecedent step that can in Equity give a Title to such Grant. It is intended that in every Case where a Warrant of survey has been obtained, the Grant shall be completed, provided however that in no case ivhatever the Location be allowed upon Lands which by Instructions you have already received you are restrained from granting."^ Your Excellency knows there are former Instructions which forbid the granting of any Lands within the District claim'd by New Hampshire; or within the Canada claims to the northward of Crown Point ; and that the Lands ceded to the Crown in 1768 are under 22 338 THE COLDEN PAPERS. the same Inhibition — Where then are the Mandamus's and Rights of reduced officers to be satisfied ? Jessup and his fellow Purchasers have the highest equitable claim to the Lands they purchased in 1772. And if they have the benefit intended by Lord Dartmouth's Letter, no Mandamus or officers Right can be located there. One Party or other must be deprived of the advantages intended by the King, and to which they have a just Title from the Expense they havTe incurr'd, unless the former Instructions are so explained as not to extend the restraint to the Avhole District claimed, but only to Lands that are within the Grants made by New Hampshire or Canada. Your Excellency will likewise recollect that there are several Petitions depending from Persons, who having obtain'd Warrants have incur'd a very consid erable Expence in discovering Tracts of Land, which tho' within the District claim'd by New Hampshire, are not within any Grant ever macle by that Govern ment. Some of these Petitioners have such equitable Titles as may be thought do come within the meaning of Lord Dartmouth's Letter ; but if no Land may be granted that is within the District claimed by New Hampshire, they are totally shut out. I have endeavoured to give your Excellency some Idea of the subject of our Deliberations, and shall take the first opportunity to inform you of what is the re sult. By this Time We flatter ourselves you may be safely landed. It will give us very great Pleasure to hear that you have had a pleasant Voyage, and that your Excellency, your Lady and Daughter Avere in good Health — My Daughter and her children — my son David and his Wife join with me in presenting our most respectful compliments. THE COLDEN PAPERS. 339 To Andrew Elliott, Esq., Receiver General of his Majesty's Quit Rents — New York. Spring Hill, May 16, 1774. Dear Sir, In obedience to a Letter received by the last Packett from the Secrettary of State, I inclose you an Extract from his Letter. All that is necessary being to inform you of his Lordship's Intentions. I am To the R* Honble Earl of Dartmouth. No. 2. New York 1st June 1774. My Lord, I have received your Lordship's Commands of the 6th of April No 19. I immediately sent Mr Elliott, the Receiver General of Quit rents, an Extract of what your Lordship writes in favour of Col. Keene, and you may be assured no Process will issue against his Lands for the Quit rents, till the Determination of the Lords of the Treasury is Known. The Act of Parliament shuting up the Port of Bos ton, was brought to this Place by a Merchant Vessell, a few Days before I received it from your Lordship's office. The Act was immediately published in all our News Papers, and was the Subject of all Conversation. I know that People universally in this Colony, had con ceived such Ideas of being taxed at the pleasure of Parliament that I was particularly anxious on this oc casion to discover the Sentiments of those who might have most influence over others, and was assured by the Gentlemen of the Council and others of weight in the City, that no means would be omitted to prevent the hot-headed People, from takeing Measures that might endanger the Peace and Quiet of the Colony. The Men who at that Time call'd themselves the Com- £40 THE COLDEN PAPERS. mittee who dictated and acted in the name of the Peo ple, were many of them of the lower Rank, and all the warmest Zealots of those call'd the Sons of Liberty. The more considerable Merchants and Citizens seldom or never appear'd among Them ; but I believe were not displeased with the clamour and Opposition that was shewn against internal Taxation by Parliament. The principal Inhabitants being now affraid that, these hot Headed Men might run the City into dangerous Measures, appeared in a considerable Body at the first meeting of the People, after the Boston act was re ceived Here. They dissolved the former Committee, and appointed a new one of 51 Persons, in which care was taken to have a number of the most prudent and considerate Persons of the Place. Some of them have not before join'd in the public Proceedings of the Op position, and were induced to appear, in what they are sensible is an illegal Character, from a consideration that if they did not the Business would be left in the same rash hands as before. Letters had been received from Boston with an In vitation from that Town to the Sister Colonies im mediately to come into a Resolution to refrain from any Commerce with Great Britain and the West India Islands till the Act for shutting up the Port of Boston was repealed. A printed Hand Bill of this Proposal is enclosed. I am inform'd that the new Committee in their answer to Boston, have given them no reason to expect that the Merch'8 Here will adopt so extravagant a Measure — And People with whom I converse assure me that they think it cannot be brought about by the most zealous advocates of Opposition. As yet no Resolu tions have been taken by the People of this Colony, and the cool prudent Men Avill endeavour to keep Measures in suspence, that they may have an oppor tunity of adopting the best. I am told they have pro posed that the Colonies be invited to send Deputies to meet together in order to Petition the King for Redress THE COLDEN PAPERS. 341 of Grievances, and to deliberate upon some Plan where by the Jealousies between Great Britain and her Colonies may be removed. It is allowed by the In telligent among them, that these assemblies of the Peo ple without authority of Government are illegal and may be dangerous, but they deny that they are un constitutional when a national grievance cannot other wise be removed. What Resolutions will be taken I cannot as yet say. The Government of this Province has no coercive power over these assemblies of the People, but the authority of the Majestrate, in all cases, is submitted to as usual. I have reason from your Lordship's Letter to sup pose there is a Design to appoint another Lieut' Gover nor of this Province. I trust in his Majesty's Justice that when he is pleased to dismiss an old Servant, he will bestow such graceous Testimonies as will evince that tho' he may think me too old to serve him at a Time when the task is become uncommonly arduous, I have not forfeited his royal Protection and FaATour. I shall Persevere my Lord in constant application to a faithfull discharge of my Duty, and in endeavouring to preserve this Government in good order. I am To his Excellency Governor Tryon. Spring Hill 31s' May 1774 Dear Sir, The Act of Parliament for shutting up the Port of Boston is a Measure of such consequence that you will expect those who have the honor of writing to you from Hence, should give you some account of what happens among Us upon it. Soon after the act was received here an Express arrived from Boston with an Invitation of that Town to their sister Colonies to resolve that they would suspend all Importation or Exportation from Great Britain or the West Indies, until the- Boston Port 342 THE COLDEN PAPERS. Act should be repealed. On receipt of this, Inhabitants of the City were called together as usual to consult upon Matters of the greatest Importance. Most of the principal People attended that Meeting, and many who had not before appeared on such occa sions. They dissolved the Committee then acting, tt ap pointed another, among which were chosen some of the moderate tt prudent Inhabitants ; your Excellency will see their Names in the News Papers. The Majority of the new Committee act with a Resolution to prevent any violent or rash measures, being entered into, and to pre serve the Peace of the Colony. I am well assured they will not comply with the Requisition of Boston, but what they will do I cannot as yet say. A Congress of Deputies from all the Colonies to join in a Petition to the King, and a Plan for settling the Dispute with G' Britain, is talked of. I am told that the assembly's agent M' Burk writes that M' Pownal proposed the appointing Commisioners to determine the Dispute betAveen this Province and New Hampshire. I am very certain the proprietors of lands under the New York Grant will never submit their Titles to such a Decision for that would put the New Hampshire People upon the same footing with them. The New York Grantees think they have a com plete Title in Law, and that the others have none at all but usurpation ; the Governors of New York having had at all Times sufficient authority to grant the Lands on the west side of Connecticut River, Avhich none of the Governors of New Hampshire ever had. Nothing has been done in the Laud office since your Excellency left us. I mentioned in my former Letter the Embarrassment We Avere under with respect to Lord Dartmouth's Letter. If your Excellency could procure such an Explanation as would make it clear that it was intended, that those People should be favoured who had equitable Claims to Lands within the District claimed by New Hampshire, but never actually granted by that. Government — and likewise that Jessup and his Associ- THE1 COLDEN PAPERS. 343 ates, who have such strong equitable Titles, should re ceive Grants in the old Mode, you would greatly serve many People who seem to be hardly dealt with by Gov ernment. On the other Hand, as matters stand now, I fear that neither you nor I will partake of a consid erable Advantage that might be made. We make no doubt that you are in England before this Time tt long much to hear that you M'8 Tryon tt Miss are safe and in good health. May your Excellency have that reception from his Majesty which your services deserve. I am now at Spring Hill, which I find agrees better with my Health than the Town. My son carries this to Town, tt I leave it open that if he learn any thing new he may add it. He and his wife join with me in our most respectfull and affectionate compliments to you and M's Tryon I am Addition by David. June 1st New York. Sir, Having my Father's directions to inform your Excel lency of any thing I might learn in Town worth notice, I cannot omit the honor of laying before you, some Intelligence I have received from good authority. The Boston news Papers by the last Post, contain a Letter of the 14th of May, said to be wrote from this Place to the Committee in Boston, expressing the sentiments of the People of this City. This letter gives great displeasure here, and the Committee of 51 have made a strict en quiry to find out the author ; and have in particular calld upon the late Committee to answer whether or not they had wrote, or kneAV any thing of the writing of that Letter — which all Deny — I am told a disavowal of the Letter, and some remarks upon it will be pub- lishd in Rivington's Paper to-morrow. The Committee of this Place had a meeting last Night in consequence of a Proposal from Philadelphia that we should appoint a Day of Public Fasting and 344 THE COLDEN PAPERS. Prayer. The Committee have put it off, as a Matter with which they had nothing to do. I believe it would not be easy to bring the Gov', tt Council to appoint a Fast at this Time. So far as I can discover the new Committee act up to the principles upon wb alone they can be vindicated — They prevent the violent inflama- tory Measures, that some among us would run into, and publish as the act of the whole. They endeavour to suspend any Resolutions whatsoever, tt to preserve the Peace and Quiet of the Government. My Father expected that the acts of assembly of the last Sessions, would have gone to the Board of Trade by this Packett but unfortunately the Great seal gaA^e way twice before we had the seal fixed to half the acts. It gave way a third Time so late this night, that we could not get it repaired, tt the rest of the acts sealed before the Mail will be closed. The seals giving way in the manner it does, must be owing to the fire it went through last Winter. If your Excellency should think it necessary, you will be able to inform the Lords of Trade and Plantations, of the accident which has pre vented the acts being transmitted at this time. I beg leave to remind your Excellency that you was pleased to say that you would send over 30 Midn Pass es — only two remain of those you left, and the Mer chants think they will be much distressed for want of Passes. I am. To Governor Tryon. New York, June 2, 1774. Sir, Mr. Foxcroft having detain'd the Packett till noon this day, We have got the Great Seal mended and the acts all seal'd so that they will yet go by this Mail. As I inform'd your Excellency in the Letter which I put into the Mail last night that the Acts could not be THE COLDEN PAPERS. 345 sent at this Time, I presume to give you the trouble of this that you may not be led into a mistake I shall now send the Letter my Father had wrote to the Lords of Trade and Plantations. I take the liberty to inclose this Days news Paper as the latest that can go at this Time. I am sorry to see the Resolves from Mariland. Every thing of that kind serves to blow up the Flame, and does great mis chief in the hands of the Outrageous. I learn that the Committee of 51, are sending letters into all the Coun ties of this Province, inviting them to appoint Com mittees of Correspondence, that the sentiments of the whole Colony may be taken, in case the situation of affairs should make it necessary. Could their senti ments be fairly knoAvn I make no doubt a large Majority would be for the most Moderate tt Prudent Measures. But I am afraid the Business in the Coun ties will be left to a few forward intemperate Men, who will undertake to speak for the whole, and that no good will come of this Measure. The Times are full of the most interesting events — God knows what is to come of us. I must intreat your Excellency to Pardon the Liberty I take, being with entire submission, your Excellency, ttc ttc. To the RT Honble Lords Commissioners of Trade and Plantations. New- York, Is' June 1774. My Lord, By this Packett ' will be sent in a Box from the Secrettaries office, all the Acts of the Legislature of this Province pass'd in their last Sessions, under the great Seal of the Province. As all these Acts pass'd while M' Tryon was in the administration, who is now in England, and better acquainted with what relates to the passing of them, than I am, I think it needless 346 THE COLDEN PAPERS. to trouble your Lordships with any thing more, but beg leave to subscribe myself with great submission, My Lords, ttc. ttc. To the R' Honele Earl of Dartmouth. No. 3. New York, 6th July 1774. My Lord, In my Letter of June "Is* I inform'd your Lordship that the People of this City had chosen a Committee of 51 Persons to correspond with the sister Colonies on the present political affairs — that many of this Com- mitte were of the most considerable Merch*8 and Men of cool Tempers who would endeavour to avoid all ex travagant and dangerous Measures. They have had a continual struggle with those who are of a different Disposition, and having for several Weeks succeeded in suspending any Resolutions, I was in hopes they would have maintained the only Conduct which can ex cuse them. But accounts repeatedly comeing to Hand from different Parts of the Continent, of the appoint ment of Deputies to meet in a general Congress, this Measure was so Strenuously push'd that it Avas carried in the Committee of 51 on Monday last ; and five Per sons were named to be the Deputies from this Province. The Persons named are James Duane tt John Jay, two eminent Lawyers ; Isaac Low, Phillip Livingston and John Alsop, Merchants. I am told a violent effort was made in the Committee to have John Scott, an emi nent Lawyer and Alex1' McDougal, the Wilkes of New York, named in place of Jay and Alsop. It is said the People are to be invited to meet on Thursday to approve of the Deputies named by the Committee. These transactions are dangerous, my Lord, and illegal, but by what means shall Government prevent them ? An attempt by the power of the Civil Magistrate would only shew their weakness, and it is not easy to say THE COLDEN PAPERS. 347 upon what foundation a military aid should be called in. Such a Measure would involve us in Troubles which it is thought much more prudent to avoid ; and to shun all Extreams 'while it is yet possible Things may take a favourable turn. The Purpose of the Con gress, it is said, is to Petition for a redress of Grievances, and to consider of a Plan for settling the Controversy with Great Britain, but no Instructions for the Deputies have yet appeared that I know of. The present political zeal and Frenzy is almost en tirely confined to the City of New York. The People in the Counties are noways disposed to become active or bear any part in what is proposed by the citizens. I am told all the Counties but one have declined an In vitation sent them from New York to appoint Com mittees of Correspondence. This Province is every where, except in the City of New York, perfectly quiet and in good order ; and in New York a much greater freedom of Speech prevails than has done here tofore. An opposition has been declared to the vile Practice of exhibiting Effigies which I hope will pre vent it for the future. I believe your Lordship will expect a particular ac count of the state of the Government from me, which I hope will be a sufficient excuse for my troubling you with such minute Transactions. I am anxious to per form my Duty, and to merit your Protection by being, My Lord, your Lordships most faithfull and obedient servant. To Governor Tryon. Spring Hill, 6th July 1774 Dear Sir, As I have inform'd you heretofore that no Business was done in the Land" Office, since the receipt of the new Instructions, it is proper your Excellency should now know that, since my last Letter, the Council have 348 THE COLDEN PAPERS. advised Me to issue Pattents to several Persons who had not only heretofore obtain'd Warrants of Survey, but Avho had other vrery strongly equitable Claims — such as Col. Stone, M' Avory, Col. Willard, M' Ashley and Mr Knoulton, whose Warrants are all of them for tracts of Land that never were granted by New Hamp shire, or the French. Bergen and his associates, Ranslaer and Abeel, and others of the Indian Purchasers, I hear, intend apply ing for Pattents. Your Excellency knows how great the Equity is on their side ; and that they have not only had Warrants of Survey, but returns made, and a great expence incurred under the full authority of Government. My Son Alexander who was very unAvell Avhen your Excellency went from Hence, has been for some Time past quite incapable of executing his office, or of ap pointing a Deputy. I have, by advice of Council, ap pointed David to execute the office of Surveyor-General during his Brother's incapacity. M' Elliot has paid me £368-16-0. which is one-half of the net proceeds of two seizures made by the Custom House, since you went from hence, the other half is paid to M' White for your Excellency. The state of political Matters in this Government is not much changed since my last Letter. The new Committee of 51 have had a continual struggle to keep down the extravagant Manuvers of the more violent Opposers of Government. Yet they say they were forced to submit last Monday to the nomination of five Persons to attend the proposed Congress. Mr Duane, Jay, Low, Ph. Livingston and Alsop Avere named. A violent Effort was made to get Scott tt McDougall in place of Jay and Alsop, which it is said they will yet endeavour to get done by the People. Except in the city of New York, the People in the Province are quite Tranquile, and have declin'd takeing any Part with the Citizens. An Opinion is spread very generally in the Country that if a non-importation agreement is form'd, THE COLDEN PAPERS. 349 Government will restrain our Exportation; a Measure which the Farmers clearly see will be ruinous to them. The May Packett arrived yesterday, but brought no accounts from your Excellency, which we had flattered ourselves she might do. You will be assured Sir that We bear the most re- spectfull and affectionate Remembrance of your Excel lency, M18 Tryon, and your Daughter, and that I am To Cary Ludlow, Esq, Deputy Register of the Ordinary tt Prerogative Court of the Province of New York. Spring Hill, July 6th 1774. Sir, M' Samuel Bayard Jun', the Deputy Secrettary, has just now shewn me his Majesty's Order in Council of the 13th of April last, commanding that the Secrettary of this Province, or his Deputy, be forthwith reinstated in the office of Register to the Ordinary and Preroga tive Court of the Province. In obedience to which command you will forthwith deliver to Mr. Bayard the seal of the Prerogative Court, and all the Books and Papers belonging to the office. I am, Sir. To the RT Honble Earl of Dartmouth. No. 4. New York, 2d August, 1774. My Lord, The Public have met with a very great Loss in the Death of Sir William Johnson, which happened on the 11th of last Month. He was engaged in business of much Importance, with a large number of Indians who were then with him, on the present critical state of In dian affairs on the Frontiers of Virginia. He had been unwell some days, but applied closely to Business, in 350 THE COLDEN PAPERS. consultation with the Indians, till he was obliged to call for assistance to get to his Room, and expired soon afterwards. Sir William Johnson's great abilities and singular Disposition enabled him to acquire and hold a greater Influence among the Indians than any other English man ever had. I am told he recommended his son in law, Col. Guy Johnson, to his Majesty, to succeed him in his Department. The Colonel took up the remaining Business of the Congress, after Sir William's Death, and I know no Person so proper to succeed his Father in Law. By Sir William's Death, his seat at the Council Table is become Vacant. I hope Gov. Tryon is now with you. He is the proper Person to recommend for filling up that Vacancy. In my last No. 3, I submitted to your Lordship my opinion that the Government here cannot prevent the frequent meeting of the People which have been com mon everywhere, and I am uoav convinced that if Gov ernment had interfered the most violent Men would have gained great advantage, and would have prevented the acquiescence in the Election of Moderate Men, which has now taken place to meet at the general Con gress of Delegates from all the Colonies which is pro posed to be held at Philadelphia next Month. The Meeting of the Delegates, I am of opinion, cannot be prevented. If they pursue only such prudent Measures as are calculated to remove the destructive Dissensions Avhich subsist between Great Britain and her Colonies, the Meeting tho' illegal, it may be hoped, Avill produce some good. Great Pains has been taken in the several Counties of this Province to induce the People to enter into Resolves, and to send Committees to join the Committee in the city ; but they have only prevailed in Suffolk County, in the East End of Long Island which was settled from Connecticut, and the Inhabitants still retain a great similarity of Manners and Sentiments. From a view of the numerous Resolves of the People in all the Colonies, which appear in every News Paper, THE COLDEN PAPERS. 351 your Lordship might be led to think a stupid fatal hardiness intoxicated the whole ; but there are every where People who are allarm'd at the critical Posture of the contention between G' Britain and her Colonies. They look forward with deepest anxiety, and would re joice in any prudent Plan for restoring Harmony tt Se curity. Could it be thought consistent with the Wis dom of Parliament to lay aside the Right of raising Money on the Subjects in America, and in lieu thereof, that the several American Assemblies, should grant and secure to the Crown, a sufficient tt permanent Supply to pay all the officers and ordinary Expenses of Govern ment, they are of the opinion this would be a ground Work, upon which a happy Reconciliation might be ef fected — the Dependance of the Colonies on Great Brit ain secured — Government maintained — and this de structive Contest happily terminated. For this purpose they hope an Address to his Majesty will be formed at the Congress, and some Persons be sent from each Col ony to give his Majesty's Ministers full Information of every Thing which shall be thought necessary to be known with respect to the Colonies. I am To Governor Tryon. Spring Hill, 2d August 1774 Dear Sir, I am impatient to hear of your Excellency's arrival in England. We have news from London to the 23rd of May, and find no mention made of you. The June Packet has not yet got in. Since I had last the honour of Avriting to you, We have met with a great Loss in the.death of Sir William Johnson. You know very well his unparalleled useful ness in the Department of Indian Affairs, and how difficult it will be for a successor to equal him. He was finishing < a Treaty with the Indians Avhichhe had held 352 THE COLDEN PAPERS. on the present critical Posture of affairs with them and the southern Colonies. He had been unwell during the whole time, but Avas atlast obliged to call for assistance to carry him out of the Indian Council Room, and lived but an hour or two after. Col. Guy Johnson writes to me that he finished the Business with the Indians, and that Sir William had recommended him for .his Succes sor in that Department. I believe he is the fittest per son we have among Us. Sir John has no inclination to such a Life. By Sir William's Death, a seat is vacant in the Council of this Province, M' Elliot and M' Kempe are both men of good sense and very proper from the offices they bear to be at the Council Board. The Receiver General has at all times, till now, been of the Council. But I know no Man who can be more usefull on every account, than M' Banyar, he has been so long conversant in public affairs. I have only men tioned to Lord Dartmouth that there was a vacancy in the Council, judging it best to leave the recommenda tion entirely with your Excellency. The People in this place have been in continual fer ment of Division among themselves upon their political Measures, which at Bottom arises solely from their local Party views — they have all an eye to the next Election, more than any thing else. They have at last acquiesced in nominating Isaac Low, Philip Livingston, John Alsop, James Duane tt John Jay for their Dele gates at the Congress. The Counties have taken no Part in this Nomination, and from the intelligence I have, I believe none of the Counties, except Suffolk, Avill be pre vailed on to do any Thing. All other affairs of this Pro vince are in good order, as your Excellency left them. In consequence of the King's Order in Council, which Mr Bayard brought to Me the Day after I wrote last to your Excellency, the office of Register of the Ordinary and Prerogative Court of this Province, has been given up to M' Bayard the Deputy Secrettary. I have made no change in the Surrogates office which Mr Ludlow contin ues to execute for Col Fanning. THE COLDEN PAPERS. 353 My son Alexander after lying some time in a State which his Physicians, and all who saAV him, thought it impossible he could survive, recovered surprisingly a few Days after his son in Law Antill sail'd from Hence, and is now able to walk from Room to Room in. his House, but is too weak to do any Business. It is un lucky that Mr Antill was so precipitate in his Voyage to-England. He had I think but an indifferent prospect of success, and must now drop his suit. I hope it may not occasion any steps being taken to my son's preju dice, which would not otherwise have happened. I have drawn for one half of your Excellency's Sal ary from the 19th of April to the 19th of July, and M' Elliott has paid me the Value of the Bill. I am To the RT Honble Lord Le Despencer. New York, 2d August 1774. My Lord, Haveing taken the liberty to trouble your Lordship with a letter by M'. Antill who went to England in the last Packet, it is necessary for Me now to write again, to inform your Lordship that my son, the Post Master here, who was so ill when M'. Antill went from hence that no Body thought he could live above a Day or two, has since recovered, and is now able to walk about his House. Mr. Antill will therefore give over the Business he went upon, and I hope his application will not occasion any steps to be taken to the prejudice of my son. Mr. Antills anxiety to :secure a Post on which he .might support his Family, was so great, he prevail'd on me to write in his favour. I intreat your Lordship to pardon any trouble this may have occasion' d you, and to permit me to have the honour to be, My Lord. 23 354 THE COLDEN PAPERS. To Guy Johnson, Esq. Spring Hill, August 22d 1774. Sir, I am really concern'd that the Cause of Complaint which the Indians have against George Klock should still stand unredress'd. I am -well assured that Govern ment has wish'd to have it in their power to satisfy the Indians in this affair and to make a proper Example of Klock for his repeated villianies towards them. It is a Misfortune that no Method has yet been thought of to make him amenable to the Law for his offences. I fear difficulties will still occur. Your Letter of the 2d Instant and the Indian's Complaint Avill be laid before the Council at their first Meeting, and I shall propose their most attentive consideration of this Bus iness — A suit in Chancery to compell Klock to execute the Release to the Indians, is a Measure upon which I shall take their Opinion : and in the mean time shall be glad to know your opinion of it, or any other Plan which you think can be pursued to give the Indians satisfaction; and to inflict an adequate Punishment on that mischievous Fellow. A Petition from his Neigh bours on the subject Avill not be amiss. It gives Me great pleasure to hear that you finished the Treaty, which my good and much respected Friend had com menced in a satisfactory Manner I doubt not you will favour Me with an account of the result of the Depu tation sent to accomodate the Breach to the South ward. Pray present my Compliments to Sir John Johnson, and be assured the respect I have for the Memory of my departed Friend Avill attach me particularly to whatever concerns your Honor or Interest, whom He distinguished by his entire confidence. I am THE COLDEN PAPERS. 355 To Governor Tryon. Spring Hill 22d Ag*. 1774. Sir, The Governors of King's College in New York haAre desired that the Draft which they have made of a royal charter may pass through my Hands to your Excellen cy. I make no doubt you will use your Influence with the Kings Ministers in order to obtain it. The Dissen ters from the Church of England have the sole Educa tion not only in all the seminaries of Learning in the New England Colonies, but likewise in New Jersey and other Colonies, tt therefore it seems highly requisite that a Seminary on the Principles of the Church of England be distinguished in America by particular Privileges, not only on account of Religion but of good Policy, to prevent the farther growth of republican Principles, which already too much pre vail in the Colonies. Your Excy. is so well inform'd of the present state of the Colonies, that it is needless for me to add any thing more than that I am with the greatest Respect ttc. To Governor Penn. August 22d 1774. Sir, I have the honour of yours of the 11th of this Month, with a copy of a Petition to the King of the Proprie tors of Pensilvania. It seems very reasonable, and I conceive no Objection can be made to it on the Part of this Province. I am entirely of your Opinion that the. ascertaining and establishing the Boundaries between the Colonies is a Matter of great Importance to both, and ought to be accomplish'd without delay. You may therefore be 356 THE COLDEN PAPERS. assured that I will recommend this Business to the Assembly at their next Session — A Provision for the Expence must come from them; on which Head I can give no Answer, till they meet, which will not probably be before Winter. Setleing the begining of the 43d Degree of Latitude on Delawar River, Avould alone be a point of much Consequence, and would in a great Measure be sufficient at present to prevent Encroachments on either Side — This might be done much sooner, and at much less Expence by Commis sioners appointed by this and your Province than if referr'd to Commissioners to be appointed by the King. The Latitude may be determined with the greatest Cer tainty in the Months of November or December, by observing the altitude of the Pole star above and be low the Pole. For in this Method no Calculation is necessary and no dependence on the previous Work of others. I shall communicate your letter and the Copy of the Petition to the Council the first Time they meet. I am with much Respect Sir, ttc. To Guy Johnson, Esq. Spring Hill, 23d August 1774 Sir, Since my Letter of yesterday I have received Dis patches from the Secrettary of State. In his Letter of the 6th of July, there is the following Paragraph. " Sir William Johnson haveing acquainted Me that two Seneka Indians have been Committed to the Goal in Tryon County, as accomplices in the Murder of four Frenchmen in the last year — His Majesty is graceously pleased upon Report to him of the Circumstances of the Case, to signify his Pleasure that they both Set at Liberty forthwith, and you will not fail to take the proper Steps for that Purpose." Till I received Lord Dartniouths Letter I had not THE COLDEN PAPERS. 357 heard of these Indians being Goal, and now know nothing of the circumstances of their commitment. You will please to direct the Sheriff to release them which I expect he will do upon this Letter from the Secrettary bf State, but if any difficulties occur, you will give Me, by the first Opportuntity such Information as will enable Me to carry his Majesty's Commands into im mediate Execution. I would choose that the Sheriff should release Them upon this Letter from the Secrettary of State, if it can be done with propriety. A Letter which came under my Cover from the Sec rettary of State directed to Sir William Johnson, I send with this to you. I am, ttc. To General Gage. New York, 7th Sept' 1774. Sir, The riotous Conduct of a number of People in the eastern Part of the County of Charlotte, in this Province, has grown to a Highth, that calls for a more powerfull Interposition of Government , than can be drawn from the Civil Authority alone. On Thursday last, I laid Petition and Complaint preferr'd in behalf of the Officers of Justice and Inhabitants of that County, supported by several affidavits before his Majesty's Council ; who were of opinion " that I should apply to your Excellency for a military Aid of 150 or 200 Men to be employed only in supporting the Magistrates in keeping the Peace of the County and its Vicinity." These riotous People got footing in that Part of this Province since the last War. They came in under Pattents for Land which the Governor of New Hamp shire pretended to give them, altho' his Government never did extend beyond the west Bank of Connecticut 358 THE COLDEN PAPERS. River ; that River being the original Boundary of this Province, and was declared so to be by an order of the King in Council, issued since the Intrusions under Ne\v Hampshire took place. There is not the least Ground to dispute the Jurisdiction of this Government. The Governor of New Hampshire does not now pretend to have any authority there ; yet these riotous People con tinue to deny our authority in every Instance. Not content with holding Possession of the Lands on which they had settled, they have declared the most unwar rantable Opposition to every Act of this Government — grossly insulting and threatening Destruction to the Magestrates who attempt to execute their office ; and to all who shall submit, or take refuge under the officers or Laws of this Province. They have even dared to erect two Places of strength to secure them selves from Justice and to terrify those who would oppose them. The Danger of suffering a number of People in such a Situation to Live in open Defiance of the authority of Government — pretending to appoint officers and to erect Courts among themseL^es — executing in the most illegal and cruel Manner, the high PoAver of trying, condemning and punishing their fellow Subjects while their strength is daily encreasing by the Junction of idle, desperate Vagabonds from all Parts of the Country, is so evident, that I doubt not your Excellency will concur in whatever you think is consistent with his Majesty's Service, to suppress these lawless People, and bring them to submit to the legal authority of Government. M' Hough, the Magestrate from Charlotte, Avho at tended the Council on this occasion assured Me that if Troops were sent among them, there AA_as a sufficient number of Inhabitants well disposed to Government who Avould gladly do everything they could to furnish the Troops with good Quarters. If two or three of the ring Leaders of these Rioters were secured, it is thought the Presence of the Troops would not be longer re- THE COLDEN PAPERS. 359 quisite. I therefore hope your Excellency might with draw them before Winter. The Gentlemen of the Council are of opinion that if your Excellency should not think it proper to order the aid they advise Me to apply for, to be furnish'd from the Regiment quartered in New York, the Troops may more easily be sent from the Province of Quebec. As soon as we know your orders, We shall give the neces sary Directions for the reception of the Troops, and the conduct of the Magestrates in that Part of the country. I inclose your Excellency copies o£ the Pe tition and Complaint laid before the Council on Thurs day last — and of the Minute of Council thereon. I am, ttc. To the Earl of Dartmouth. -No. 5. New York, 7th Sept'. 1774 My Lord, I have the honor of your Lordship's Letter of the 6th of July No. 21. The destruction of Captn Chambers's Tea, was so unexpected and sudden that no measures could be pre viously thought of to prevent it. Afterwards the Gentlemen of . Property and principal Merchants attended the meetings of the populace, when called together by their former Demagogues, who thereby have lost their Influence and are neglected. The Popu lace are now directed by Men of different Principles, tt Avho have much at stake. Many Papers have been publish'd in this city, to expose the Measures which had been proposed by the former Demagogues in oppo sition to Government, Men now speak tt publish Sentiments, in favour of Government, and argue upon the political Subjects of the Times, with much greater freedom tt security than has been known here for some years past, which I hope is a sign that the licentious Spirit which has governed the People to their great 360 THE COLDEN PAPERS. Disgrace, is check'd — We have no more burning of Effigies, or putting cut throat Papers under Peoples Doors. You may be assured, my Lord, that I will grant some of the Land reserved for the garrisons at Crown Point and Ticonderoga : but I am inform'd that Lord Dunmore, wh,ile in this Government, granted the land reserved for the use of the Garrison at Crown Point, to Adolphus Benzel, an officer of the Army and Assistant Engineer : and that there is a clause in the Pattent that he shall surrender the Land whenever the King shall require it for the use of his- Garrison. In the meantime the Firewood may be cut off. The five gentlemen whom I formerly informed your Lordship were appointed by this city to be their Deputies at the General Congress, went to Philadel phia, the Place of Meeting, last Week. Seven counties of this Province, neither appointed Delegates for them selves, nor concurr'd in the choice made by the City — and two Counties have sent Delegates of their own. I found the City Delegates were embarrassed by this Dis sension of the People. To Governor Tryon. Septr 7th 1774 Dear Sir I have the honor of your's of the 30th of June. I hope before this the Tunbridge Water has restored your Health. It will give me the greatest pleasure to hear it has. Every Person who has seen the late Instruction in relation to Lands, the Gentlemen of the Council par ticularly, are of opinion that the Method proposed is impracticable in the Execution. The Lands uoav to be granted are above 200 miles from NeAv York, and in the Wilderness. No Person intrusted Avith the Execu- THE COLDEN PAPERS. 361 tion of that Instruction will undergo the Fatigue and advance the Money to defray the extraordinary Expense it must be attended with. I have granted some Man dates and officers and soldier's Rights under the King's Proclamations, and one or two tracts where Surveys had been actually made, pursuant to Lord Dartmouth's Letter, accompanying the Instruction. After the Destruction of Captn. Chambers's Tea, and some other violent Proceedings of the pretended Patriots, the principal Inhabitants began to be appre hensive and resolved to attend the Meetings of the Inhabitants when called together by Hand Bills. The Consequence has been that Scott, McDougall, Sears tt Lamb are all in disgrace, and the People are now directed by more moderate Men. I hope that the giv ing any new offence to Parliament will be guarded against. Our Delegates to the Congress, at least the major Part of them are moderate prudent Men. - The Colonies to the Eastward of Us are violent, and those to the southward of Pensilvania seem to be likewise. Pensilvania appears to be moderate. My son Alexander is now at Flushing surprisingly Reco\Tered. I am To General Gage. 12th Sept' 1774 Sir, Since I wrote to your Excellency on the 7th I have re ceived a Letter from Col. Reid, of which the inclosed is a copy. The Col. likewise, upon Information which he has lately received and can depend on, confirms the in telligence We had before the Council, as mentioned in my former Letter, that the Benington Rioters, as they are call'd, have built a two story High Block House at Otter Creek, and that one Captain Hillock has the com mand of it — and that they have another Block House of the same kind on Onion River. 362 THE COLDEN PAPERS. All our intelligence shews that these lawless People are gaining strength very fast, and are pursuing such a Plan as cannot fail of being very troublesome to Gov ernment. Many People in this Place are sensible of this, and of the inability of the civil Power to support Government. The assistance of the Military may at this Time, I think, have some particular good Effects by Demonstrating the necessity we are under to apply for such aid ; and the Important Service they are of when properly Employed. It is my Duty to suggest these Matters to your Excellency, but you only can determine how far they are compatible with that Part of his Ma jesty's Commands which you have more immediately in Execution. I am. To Sir John Johnson Kt tt Bart. Sept' 18th 1774 Sir, I have the favour of your Letter of the 9th Instant. When I inform'd Lord Dartmouth of your Fathers Death (an Event which allways recurs to Me as a great public Loss, and which deprived Me of one of the most faithfull and esteemed Friends) I mentioned to his Lord ship that thereby a Seat was vacant at the Council Board, but did not recommend any one to fill it, referring that to Gov' Tryon. I shall in my next Letter, men tion you to his Lordship, and shall be glad that you succeed : but I think it is most probable that the ap pointment will be already made. I assure you Sir it will give me great satisfaction to testify the Regard I have for the memory of your Fath er at the same Time that I have the Pleasure to com ply with any request you make. Atr present I know nothing that can prevent my giving you the command of the Militia for the Northern District — Please to send me a copy of your Fathers Commission and let Me THE COLDEN PAPERS. 363 knoAV your Rank and standing in the Militia. Present my Compliments to Lady Johnson, and be assured that I am, ttc. To Guy Johnson, Esq. Sir, I haA^e your's of the 8th Instant. I can very easily conceive that an uncertainty in the succession to the Superintendency may be very detrimental to the im portant Business you have to transact with the Indians at this Time. I wish what I wrote to Lord Dartmouth tt Gov' Tryon may be any means of producing a deter mination in your Favour. I was very explicit on the Su/bject, but might have been more particular if I had thought there could be any difficulty about it. It is probably Determined by this Time ; however I will mention it again in my next Dispatches. I beg you will aUways write with the greatest free dom to Me, and do not immagine there needs any Apol ogy for a Long Letter ; 1 shall give my advice tt senti ments to you without reserve, whenever I think that either can be of any use to you. To Governor Penn. New York, Sept' 24, 1774. Sir, By the enclosed Minute of Council you will be made acquainted with the Sentiments of his Majesty's Council of this Province, upon the Letter of the 11th of last Month which I had the honor to receive from you, with a copy of your Petition to the King. _ In the conversation which I had with the Gentlemen of the Council upon this Occasion, they were of opinion that the assembly would not be induced to bear our 364 THE COLDEN PAPERS. Proportion of the Expence of running the whole north ern Boundary of Pensilvania ; which extends so much further westward than we have any probability of settling in many years. Our Assembly have experi enced such heavy Expence attending the appointment of Commissioners under the Great Seal of England, that it may even be apprehended, they will not at any rate, choose to engage in that Way. But we do not doubt they would be willing to join with you in appoint ing two Gentlemen, one of each Province, to determine the Latitude on Delawar River, and the northern Boun dary, so far as there is any room to immagine the Settle ments on either side, can extend for a considerable Time to come. In which way it may be done very effectually and at much less expence. I am, ttc. To the Earl of Dartmouth. No. 6. New York, 4th October 1774. My Lord, The enclosed Copy of a Petition and Affidavit laid before Me and the Council, will inform your Lordship how much his Majesty's peaceable Subjects, in a Part of the Province, mention'd in the Petition, are molest ed tt insulted by a Lawless set of Men who at first settled there under a claim made by the Government of New Hampshire. But since they have been dis owned by that Government they will pay obedience to none — assuming all power to themselves — chuse Mages trates, erect Courts, and inflict Punishments, ttc. Fu gitives from all the neighbouring Governments resort thither so that they are now become a numerous and dangerous Body of Banditti which is every day in creasing. The Council advised me to apply to General Gage for military Assistance to preserve the peace only. His answer is that General Haldimand had, on a similar Requisition, declined giving any military THE COLDEN PAPERS. 365 Assistance and his refusal had been approved of by his Majesty's Ministers, and for that reason he declined giving any assistance. . My Lord, this Body of lawless Men, Fugitives from all Parts, daily increasing, may soon become very dan gerous by encouraging the worst of Men to resort thither, and to stand in Defiance of all Law and Government, and therefore I humbly conceive it deserves your Lordships immediate attention. The first settlers from New Hampshire and the leading Men among them pretend that they have Encourage ment from their agent in England, that your Lordship entertains a favorable Opinion of their claim and Pretensions ; but I am persuaded they can have no foundation for such hopes. The greatest Part of the Lands those troublesome People are settled on my Lord, have been granted by this Government to reduced Officers and disbanded Soldiers of his Majesty's Army who served the last war in America, in obedience to the royal Proclamation of 7th Oct' 1763. 1 hardly need mention to your Lordship that, where the Lands are private property, a Dispute of Title, can only be determin'd in the Courts of Jus tice. The Pattentees under New York, those who hold by military Grants, as well as others who have Pattents in the common Way, think their Title is indu bitably good. The Governors of this Colony have had full authority to grant the Lands quite to the west Bank of Connecticut River, ever since the Duke of York received his grant of the Colony. A dread of the French and Indians of Canada prevented for many years any Grants or Settlements being made in that Part of this Province where these people are now settled. The Governor of New Hampshire (who never had authority to grant one foot of Land west of Connecticut River, his Government being bounded to the westward by his Majesty's other Governments) finding this Country an uninhabited Desert, laid hold of the Opportunity upon the Peace which followed the 366 THE COLDEN PAPERS. War before the last, and in a short time granted away this very Extensive Tract of 'Country down to the Waters of Wood Creek and Lake Champlain. A full information has been, at different Times, transmitted to your Lordship and your Predecessors in office, of the very unjustifiable Manner in which those Grants were made, in Defiance of the earliest notice from this GoArernment that Connecticut River was our Boundary. Your Lordship is possessed of such ample Information1 on the Subject that I will not presume to trouble you with any Thing more upon it now, but to repeat my humble Opinion of the necessity there is, that those lawless People should be discouraged from entertaining any Hopes but in the Judgments of the Courts of Justice where only the Property of the Subjects can be determined. I am To the Earl of Dartmouth. No. 7. NeAv York 5th October 1774. My Lord, I have received your Lordships commands No. 22' and in obedience thereto have published in the usual manner his Majesty's disallowance of the Act passed Here in February 1773. By my Letter of the 7th of September your Lordship would find I entertained Hopes that the People of this Province would adopt moderate Measures and avoid giving any new offence to the Parliament. I know such Avas the sentiments of Farmers and Country People in general Avho make a great Majority of the Inhabitants. I had a confidential conference with one of the Delegates sent from this city to the Congress now met at Philadelphia Avho I thought had as much influence as any from this place, and he gave me as surances of his disposition being similar. A great deal of Pains has been taken to perswade the Counties to chuse Delegates for the Congress or to THE COLDEN PAPERS. 367 adopt those sent by this City. Several of the Counties have refused to be concerned in the Measures. In Queens County where I have a House tt reside the summer Season six Persons have not been got together for the Purpose and the Inhabitants remain firm in their Resolution not to join in the Congress. In the Counties that have joined in the Measures of the City, I am inform'd the Business has been done by a very few Persons who took upon themselves to act for the Free holders. A Gentleman who was present when the Delegates were chosen- in Orange County says, there were not twenty Persons present at the Meeting tho' there are above 1000 Freeholders in that County : aud I am told the Case was similar in other Counties that it is said have joined in the Congress. The violent Men in this City who lost the Lead among the People when the Committee of 51 were ap pointed, as mentioned in my former Letters to your Lordship, hoped they had got an opportunity to regain their Importance tt throw the city into Confusion, on occasion of orders which were received by some of our Merchants to furnish articles wranted by the army at Boston. These violent Men last Week, call'd a meet ing of the citizens which few attended but the lower class of People, and not a great many of them, yet they had the Impudence to send a Committee to the Mer chants who were engaged in supplying the articles wanted for the army at Boston, Avith a very Imperti nent Message, and endeavoured to deterr them and all others from furnishing the Army or Transports with any Thing whatever. These Manouvers occasion'd some Bustle among the People for a few Days, and obliged the Committee of 51 to desire a meeting of the Inhabitants on Friday last ; when a large Body of the principal People tt Merchants appear'd tt declared that those who had taken upon them to threaten the Mer chants had acted without any authority from the Pub lic, tt highly disapproved of their Conduct, which has once more silenced the turbulent factious few, who are 368 THE COLDEN PAPERS. never easy while the People are quiet and orderly. The Merchants go on completing their orders without farther Interruption. It is my Duty to giAre your Lordship the best Infor mation I am able of the Disposition of the People of this ProAunce; with this view I mention the most material transactions among them. It is extreamly difficult at such Times to give an Opinion of what may happen — A most trifling unforeseen Incident may pro duce the greatest Events. I have already said my Lord that I am well assured almost the whole Inhabi tants in the Counties wish for Moderate Measures. They think the Quarrell with Great Britain is carried quite far enough, tt abhor the thoughts of pushing the Dispute to any more desperate Lengths. In the city a large majority of the Merchants and People wish that a non importation Agreement may not be proposed, and. were very much surprised on finding such a Measure would probably be resolved on by the Congress ; I have some Hopes that our Merchants will avoid the non-im portation Agreement even if proposed by the Congress I am certain a majority of the most Considerable are convinced it is a wrong measure, and Avish not to come into it ; but whether they Avill have resolution enough to oppose the sentiments of all the other Colonies, can only be knoAvn when they are put to the Tryal. The Speeches in Parliament and other inflamatory Papers publish'cl in London, tt reprinted here in America make the worst Impression on the Minds of the People. They are opposed in this Place by pub lishing more Papers in favour of administration, and against Measures which may be offensive to Parliament than in all the other Colonies put together. The Pam phlet in Defence of the Quebec Bill Avhich I received under cover from your Lordship's office is reprinted here. Sir John Johnson has desired me to inform your Lordship that he is desirous of being appointed of the Council of this Province in place of his Father, de- THE COLDEN PAPERS. 369 ceased. Sir William Johnson has deserved so much by his great and indefatigable services, that I can make no doubt of your Lordships Inclinations to give such an Instance of his Majesty's favour to the son of so worthy a Man. Sir John excuses his not makeing ap plication sooner by reason of his affliction on the sudden Loss of so affectionate a Parent. As Governor Tryon is in England, I did not intend to trouble your Lord ship with any Recommendation on this subject; but I would not reject such a request from the son of my old and much esteemed Friend. I am To The Right Honblk Earl of Dartmouth. No. 8. New York, 2d Nov. 1774. I have received the honor of your Lordship's Com mands of the 10th of Sept' N° 23. The Congress at Philadelphia broke up last week. They have pubiish'd an Extract of their Proceedings of which I inclose your Lordship a copy. It was received in this Place only two Days agoe, so that there has not been Time to discover the general Sentiments of the People upon it. It is certain that the Measures of the Congress do not meet with rapid Applause Here ; but on the Contrary the People, even in the City, appear dissatisfied. They continue, so far as I can discover averse to all violent and irritating ^ Measures. The Merchants seem to disrelish the non-importation Asso ciation, and if I be not extreamly deceived the Farmers will not bear the non Exportation ; but at present it is impossible to say with certainty, what steps the People will take in Consequence of what has been determined and advised by the Congress. I think I may continue to assure your Lordship that a great Majority in this Province are very far from ap proving of the dangerous and extravagant Measures of 24 370 <¦ THE COLDEN PAPERS. the New England Government — that they abhor the thoughts of a civil war, and desire nothing so much as to have an end put to this unhappy Dispute with the Mother Country. Our Assembly have not met for some years past till the beginning of the year for the dispatch of their usu al Business. Before that Time I will endeavour to learn whether I may hope that they will propose con ciliatory Measures and pursue the Method which your Lordship so justly points out as most Proper. If they have reason to expect they will, I shall propose it, and use my utmost influence to have it done in a proper Manner. Nothing material has happened in this Place since my last letter to your Lordship. The Merchants are at present endeavouring to sift out each others Senti ments upon the Association proposed by the Congress. A certain sign, I take it, that they wish to avoid it. General Haldimand left only half a dozen officers, and about 100 Men of the royal Irish Reg* Here when he went to Boston. Some iron Potts and stores were ship'd from Hence last week, for the use of the Troops at Boston, without an attempt being made to prevent it. And about four score artificers went from Hence with Gen1 Haldimand to work on the Barracks There. The Counterband Trade carried on between this Place and Holland, is my Lord an object that I behold with great concern. It prevails to an enormous Degree — must destroy the Morals of the People — create the most inveterate Ennemy's to Government — nourish the . spirit of mobing, and abolish all fare Trade. It appears to Me that the officers of the Customs at this Place Avant more assistance than they at present ha\re. There is not a Boat of any kind belonging to our Custom House. The Surveyor and Sarcher of the Port, who is my Grandson, has made several seizures Avithin a few Months since he was appointed. He has been an officer in the Army, and was some Time in Quarters on the Isle of Man. He thinks two or three such Vessells as THE COLDEN PAPERS. 37l they have there, under similar Regulations and Direc tions, would be the most effectual Means of stoping this illicit Trade. Men of War, even the. Sloops, are too large for this Purpose, and besides the Captains seem to think it an indignity to become Custom House Officers. As Mankind my Lord in general are most active when their Duty and Interest are connected, I think the officers and Men employed in this Service should have such an allowance out of the Seizures, besides a daily Pay, as would make it too Expensive for the Merchants to offer them any Thing nearly equal in Bribes. The officers of the Boats might likewise be frequently removed from one Port to another, in order to render Bribes ineffectual. A superior officer at each Port might have the direction of the Cutters and Boats independent of the Custom House which I am told is the Case at the Isle of Man. My Grandson tells me that soon after he entered upon his office, he was made to understand that if he would not be officious in his Duty, he might depend upon re ceiving £1500 a year. His answer and Conduct has con vinced them of his Integrity and Resolution to discharge his Duty with fidelity. I mention this my Lord as an Instance how highly the illicit Traders can Bribe. The Vessells from Holland or St. Eustatia do not come into this Port, but anchor at some Distance in the numerous Bays and Creeks that our Coast and Rivers furnish, from whence the Goods are sent up in small Boats. I believe it would be very proper to make some regulations that might particularly discourage the Owners of these small Boats from engageing in this Business. Now, when they are seized, their Boats are sold at so low a price, that the Owners recover them with a loss that the poorest of them do not regard. The risque being so small they engage with the illicit Traders at Ioav Wages. This increases the Profits of that Trade. But if all Boats and Vessells that did not fetch above certain Rates, to be fixed in proportion to 372 THE COLDEN PAPERS. their Burthen, were ordered to be burnt or destroyed, the illicit Traders would find it much more difficult tt expensive to procure the assistance they require. It is I think very probable that the Crown's share of the Seizures would, at first, defray the Expence of such an Establishment. The Fund would decrease as the illicit Trade decreased ; but then the increase of Duties paid, might be more than equivalent. Dutch Gun-Powder has been in use in this Colony ever since I came into it. How it was formerly imported I know not : I make no doubt all we now have is brought in clandestinely. I have not been able to learn anything of the ship Polly, Captain Broadhelp. I shall pay the strictest attention to your Lordships directions on this Subject, which ap pears to be a Matter of great Consequence. I shall not neglect to observe your Lordship's com mands, to lay before you, by every opportunity, an ac count of what occurs among us. I am, ttc. To the Earl of Dartmouth. N° 9. New York, December 7th 1774. My Lord, Notwithstanding the Business which at this time agitates America, is such as to keep us Us continually expecting some Event of great Importance, what has occur'd in this Province, since my Letter to your Lord ship of the 2d of Nov' has not been very Material. The first Thing done by the People of this place in consequence of the Resolutions of the Congress, was the Dissolution of the Committee of 51, in order to choose a new Committee of Inspection, to cany the Measures of the Congress into Effect. A Day was appointed by Advertisement for choosing 60 Persons to form this new Committee. About 30 or 40 Citizens only appeared at the Election, tt chose the 60 who had been previously named by the former Committee. THE COLDEN PAPERS. [373 I can no otherwise my Lord account for the very small number of People who appeared on this occasion, than by supposeing that the Measures of the Congress are generally Disrelished. The Non Importation Associa tion affects the Smugglers as well as the fair Traders. No Tea is to be imported from any Part of the World, after the Is' Day of this Month. The Smugglers ex pect large Quantities of Dutch Tea, and insist that it shall be exempt from the effect of the Association. Others declare that the fair Traders shall not be the only sufferers. It is a Dispute wThich I think will very probably Defeat the Association. Several Vessels are yet expected with Goods from England and I am told 10 or 12 at Philadelphia. It is however shocking my Lord to reflect that smuggling is such a Business among us as to be publicly espoused by Numbers, and more strenuously advocated than the legal Trade. In the present Committee of this Place there are several gentlemen of Property, and who are esteemed to favour Moderate and Conciliatory Measures. I was surprised to find such Men joining with this Committee whose design is to execute the plan of the Congress. I have at length discovered that they act with a view to protect the city from the ravages of the Mob. For this purpose they say they are obliged at present to support the Measures of the Congress — That if they did not the most dangerous Men among Us would take the Lead, and under pretence of executing the Dictates of the Congress, would immediately throw the City in to the most perilous Situation That however consider able thev Numbers may be who disapprove of violent tt Lawless Measures, yet the Spirit of mobing is so much abroad, it is in the power of a few People at any Time to raise a Mob ; and that the Gentlemen and Men of Property will not turn out in Person to suppress them. I fear, my Lord, there is too much Truth in this Re presentation. It is a dreadful Situation. If We are not rescued from it by the Wisdom and Firmness of Parliament, the Colonies must soon fall into Distraction 374 THE COLDEN PAPERS. and every Calamity annex'd to a total annihilation of Government. M' Gallaway, one of the Philadelphia Delegates, has been lately Here on a Visit. He favour'd Me with the Heads of a Plan for the Government of the Colonies, pi'oposed by him to the Congress and seconded by Mr Duane of this Place. These Gentlemen are of Opinion my Lord that there is a defect in the Constitution of the British Empire with respect to the Government of the Colonies ; and that the most effectual Means of re conciling the present unhappy Differences and for pre venting the like hereafter, would be to obtain by Petition from the King tt Parliament one general Constitution, that should establish a political union not only among the Colonies, but with Great Britain upon Principles of Safety and freedom to both. These were the guiding objects in M' Gallaway's Plan, which uuderwent a de bate in the Congress, and was enter'd on their Minutes ; but was afterwards not only totally rejected, without proposing any Substitute, but expunged from their Min utes. I enclose your Lordp a Copy of the Plan, with two sets of introductory Resolves. How amazing is it my Lord, that when a rational Mode of Proceeding, evi- dently tending to a reconciliation, was introduced and \supported by Men of the best Judgment, the Congress should prefer a Method big with Wickedness, Extrava gance and Absurdity — A fatal Pride and Obstinacy seems to have govern'd them. The Delegates from Virginia were most violent of any — Those of Maryland and some of the Carolinians were little less so — These Southern Gentlemen exceeded eA^en the New England Delegates. They together made a Majority that the others could have very little Effect upon — Mr Gallaway and Duane tell me that at the close of the Congress they Dissented from the Proceedings : and insisted to have their Dissent entered on the Minutes, but could not by any Means get it allowed. The Assembly of this Province my Lord stand pro rogued to the 10th Day of January, and by advice of THE COLDEN PAPERS. 375 Council, summons's are issued for them to meet on that Day. Many People think there is a probability that they will go upon Conciliatory Measures and propose something that may be countenanced by Administration. The event is uncertain ; but on such occasions I think every Thing is to be tryed that may possibly avert the Calamity which hangs oyer this Country. I do not ap prehend there is any Danger that the Assembly will make Matters worse than they are. Several Pieces have been publish'd Here, exposing the extravagant and dangerous Proceedings of the Congress, and adviseing the People to rely on the Assembly, that they will take the most reasonable and constitutional Means of restor ing Peace and Harmony between Great Britain and this Province. To Gov* Tryon.NeAv York, Dec 7. 1774 Dear Sir, I have the honor of your Excellency's Favour of the 3d of October by Col. Fanning. I rejoice to think that you will be here to take the Reigns of Government from Me again next Spring. At this Time the State of the Province is .very much as when you left it. How it may be next Spring no Man can foresee. The Proceed ings of the Congress are disliked by almost all the bet ter Sort of People. Yet there is an appearance of supporting the Non-Importation Association : but the smugglers being equally affected with the fair Traders by it, I find the Association will only be kept in ap pearance. Many People hope the Assembly will take a rational and conciliatory Method of settling the unhappy Difference. Under a Persuasion that they may do a great deal of Good, and cannot make Matters much worse than they are, I have call'd them to meet the 10th of January. I am surprised at Mr Antill's application for the Surveyor Generals Office. He did not let me Me know 376 THE COLDEN PAPERS. that He had any such Design, and must have been aware that I could not approve of it. He had not any authori ty from his Father in Law to make the Request. I heartily wish your Excellency's Health may be confirm'd and that you may return in full strength tt Spirits to us. Pray present my aff* Compliments to M'8 Tryon — I am. To Andrew Elliott, Esq. New York, 15*11 Dec', 1774 Sir, I inclose you Copies of a Letter which I this Day re ceived from the Right Honble Earl of Dartmouth, dated the 19th of October last, and of his Majesty's Order in Council referred to in his Lordship's Letter, which will in the best Manner explain to you the nature and im portance of the Commands I have received. In obedi ence to which it is necessary for me to require of you Sir to take the most effectual Measures for arresting detaining and securing any Gun Powder or any sort of Arms or Ammunition which may be attempted to be imported into this Prpvince for the space of six Months from the date of the said Order, unless the Master of the Ship haveing such military stores on board, shall produce a Licence from his Majesty or the Privy Coun cil for the Exportation of the same from some of the Posts of the Kingdom of Great Britain. I am. To the Earl of Dartmouth. N° 10. NeAv York Jany 3d 1775. My Lord, The Office of Surveyor General of Lands in this Province being vacant, by the death of my eldest son, THE COLDEN PAPERS. 377 I received the unanimous advice of his Majesty's Coun cil to appoint my youngest son David to that office. There was a full Board, only one Member absent — The Tenure of the Commission for 50 years past has been during good Behaviour. It Avas never granted on Mandamus and I apprehend does not come under the Interdiction of that Instruction which expressly relates to the officers of Justice. - I flatter myself your Lordship will please to consider the Distress and Embarrassments I have encountered in the service of Government- — The Manner in which I have supported the Supreme authority of Parliament — The odium of a popular Party which I have from thence felt, and to which I shall leave my Family ex posed, and that this appointment of my son David to the Office of Surveyor General during his good Behea- viour will meet with your Lordship's approbation and thereby become a lasting Instance of the Favour I re ceived in my old Age, for the past services of my Life. I am, ttc To RT Hone Earl of Dartmouth. No. 11. New York, 4th January 1775 My Lord, I have received your Lordship's Commands of the i9tb of October with his Majesty's Order in Council of the same date, Avhich I shall endeavour by every Means in my PoAver to execute in the most effectual Manner. I immediately communicated to M' Elliott the Collector of this Port, the Orders which I had received, and gave him the necessary directions for the Conduct of the of ficers of the Customs. I am well assured he will be very attentive to this important duty. A day or two after this Order was received, one of the Custom House officers discovered 10 chests of arms, 3 Boxes of Lead and one B1 of Powder on board a Vessel bound to Rhode Island. It has been found upon enquiry that 378 the colden papers. these Arms were lately imported on board the ship Lady Gage, Capt" Mesnard, and it is said, were ship'd at London as hard Ware, but there was no locket for them under any Denomination. Mr Elliott secured them all, and for greater safety sent them on Board the Man War in the Harbour, where they remain. That sett of People, who by waiting for every oppor tunity to raise a Mob, and throw the City into Confu sion made an infamous attempt to frighten Mr Elliott into a surrender of the arms, which they insisted were legally imported. The principal Gentlemen and Mer chants to prevent Mischief, waited upon Mr Elliott in a Body, assured him they were perfectly satisfied with his Beheaviour, and declared warmly against any who should attempt to insult him on account of w' had happened, which silenced the others, who were work ing in the Dark, and endeavouring to raise the Popu lace. My Lord, the measures pursued as well by the south ern as eastern Provinces puts the Moderate & peaceable Disposition which prevails among the Majority of the People of this Province daily to the tryal. Enthusiasm is ever Contagious, and when propagated by every ar tifice becomes almost irresistable. The Assembly of this Province, as I formerly inform'd your Lordship are to meet next Tuesday. If I find that there will not be a Majority for prudent Measures, I shall incline to Prorogue Them for a short Time, that the Plan of the New Parliament may be known here, before the assem bly do any Thing. On the other Hand there is room to fear, that if the Assembly do not meet, an attempt will be made to convene a provincial Congress, in imniita- tion of our Neighbours, which may be of more Conse quence. I propose to take the advice of his Majesty's Council Tomorrow upon the interesting and important situation of affairs. When all depends upon the Hu mour of the Populace, one can only, my Lord, form very uncertain Conjectures of future Measures. I can only say with certainty that there is still a good Ma- THE COLDEN PAPERS. 379 jority of the most respectable People in this Place who promote Peace and discountenance Violence. I am— To the Right Honble Lords Commissioners for Trade and Plantations. N. Y. 3d Jany 1775. My Lords, In obedience to his Majesty's Commands signified by the R'. Honble Earl of Dartmouth, I now have the honor to transmit to your Lordship's a List of the Council of this Province, viz : — Cadwallader Colden, IA Govr. Roger Morris Daniel Horsmanden, Chief Jus- William Smith tice Hugh Wallace John Watts Henry White Oliver DeLancey William Axtell Charles Ward Apthorp John Harris Cruger. These Gentlemen live in or near the City and give constant Attendance when Business is to be done. None of them are absent at present — The only Vacancy is by the Death of Sir William Johnson. I am. To Guy Johnson, Esq. New York 13th Jany 1775 Dear Sir, I am sorry your attention to the Business of the In dian Department, will not admit of your comeing down to the Assembly. We shall require _ the assistance of every Friend to Government. I likewise think the Business which concerns George Klock tt the Indians will stand in great need of some Person to be active in it here. When I sometime agoe laid the Matter before 380 THE COLDEN PAPERS. the Council they were of Opinion that an act of the Legislature would be the best Means of doing Justice to the Indians. But if it is laid before the Assembly and you are not here to manage the Business in the House I apprehend nothing will be done. I propose to lay the Complaints of the Indians again before the Council, and if they continue in their former Opinion, I shall recommend the Business to the Assembly in the way the Council shall advise. It is necessary that I should be furnished with a copy of the Release to the Indians which has been executed by some of the Pro prietors, and every other Paper and Matter of Evidence which you can immagine will be necessary in case the Assembly go upon it. But I am afraid nothing will do unless you are present yourself. I received your Packett for the Secretary of State, after the Mail, which Avent from hence last week Was closed and dis patched from the office. However I had just Time enough to deliArer it to the Captn of the Packet, with particular Directions to take care of it. He will deliver it into the office at Falmouth, and in that way Letters go very safely. Come down if you possibly can. I am. To the Right Honble Earl of Dartmouth. \ > [No. 11 a.] New York, 21 January 1775. My Lord, The Address which I received yesterday from our House of Assembly has given Me so great satisfaction, and appears to Me to be of such Importance at this Time that I think it my Duty to lay hold of an Oppor tunity by a Merchant ship going from Hence to Exeter to transmit to your Lordship my Speech at the open ing of the Sessions and the Councils and Assembly's Addresses. It was some Days before a sufficient num ber of Members got to Town to make a House, and there are still twelve of their number absent, which has THE COLDEN PAPERS. 381 occasioned the House to put off the farther considera tion of their Important Business to the 7th of next Month, at which Time they have ordered all their Members to attend. It is thought my Lord that there is at least as many Friends to Government among the absent Members, as Advocates for the late Congress, and that the House will therefore when they are all together, be able to act up to the Sentiments of their Address. Every Machination that restless Spirits can devise will in the mean Time be exerted to obtain an approbation of the Proceedings of the Congress, which is the grand Point they aim to carry. This delay to the 7th of next Month, will however, my Lord, give Us an opportunity of receiving his Majesty's Speech and the Addresses of the two Houses of Parliament, which We hope the December Mail will bring out. The sen timents of the new Parliament is a Matter of great im portance. I am. To General Gage. New York 29th Jany 1775. Sir, I have very great Satisfaction in being able to inform your Excellency that upon a Motion made in our House of Assembly, on Thursday last, to take into consideration the Proceedings of the Congress it was carried that they should not. The Party in the House who wish to have the Measures of the Congress approved of and adopted by the Assembly, took the Advantage of bringing the Question on, when there Avere ten Members absent, and had counted Nose's so well that there Avas a Majority but of one against them, besides the speaker, Avho did not Vote. The_ City Members all voted against the Question. It is im- magined, and I believe rightly that all the members who are now absent, will join the Majority so that I hope there is no danger that any Thing will hereafter 382 THE COLDEN -PAPERS. be carried contrary to the sentiments the House have expressed in their Address to Me, and confirmed by the Determination of Thursday. I» expect however that We shall be teized throughout the Sessions with one Machination or other of the disconcerted Party. Everything is at present very quiet and in good Order here. The peaceable Disposition of the People of this Province will become every day more evident, and give some check to the Mad Career of their Neighbours, which may be of essential service to the whole Con- tinent. We hear the Assembly of New Jersey have approved of the whole Proceedings of the Congress — thank'd their Delegates and have appointed the same to attend the proposed Congress in May. It is now given out by the Sons of Liberty Here, that no Com merce will be admitted between this_Province and any of our Neighbours. I am, Sir. To the Earl Dartmouth. No. 12. New York, Is' Feby 1775. My Lord, Yesterday I had the honour to receive your Lord ship's circular Letter of the 10th of December, with his Majesty's most graceous Speech and the Address of the Lords and Commons — and your Dispatches N° . . . of the same date. The Assembly of this Province Avhich Avas to meet on the 10th of last Month, did not make a House till the 13 th Avhen I opened the Sessions Avith a Speech which I have the honour to enclose to your Lordship. The Councils address did not give so much satisfaction, even to the People, as that which I received two Days after, from the Assembly. I am happy in haveing it in my Power to transmit to your Lordship an Address which I am persuaded it will give you Pleasure to lay before his Majesty, and will confirm the favorable the colden papers. 383 Opinion he is graceously pleased to entertain of his subjects in this Province. Altho' the address pass'd in the House with only one Dissentient Voice, there is a Party in the Assembly of very different Principles Avho I expect will be con tinually endeavouring to do Mischief. Finding a great Majority against them when the address pass'd, they mov'd to have a call of the House on the 7 th of Feb ruary, and that the Consideration of the weighty Busi ness which was before them should be put off to that Day. This the House agreed to, and immediately sent out Orders for the absent Members to attend. However, two Members comeing in last Week, who were known to be violent in the Opposition to Government, a Mo tion was made that the House should take into Con sideration the Proceedings of the Congress held at Philadelphia in Sept' last. A Avarm debate ensued, and upon the previous Question the Motion was re jected by 11 to 10. These ten are, my Lord, the Avhole strength of that Party. The nine Members who were not in the House, it is well known, will join the eleven. When they come in, the Majority will be so strong that I hope the House will not again 'make so near an Escape from a Motion brought by surprise upon them. When your Lordship considers that every American Assembly which has sat since the Congress was held at Philadelphia, have approved of and adopted the Pro ceedings of the Congress ; and that in those Colonies where their Assembly has not met, the People have in Provincial Congress, or otherwise done the same ; the loyalty and firmness of the Assembly of this Province, and of the People in general, will appear in a very striking light. I am persuaded his gracious Majesty and his Ministers will encourage this good and singu lar Disposition by such Instances of Distinction and Favour as shall be wisely calculated to render most evident the good effects of the Conduct of this Province. Yesterday, before the Pacquet arrived, a Motion was made and agreed to in the Asssembly, to appoint a Day 384 THE COLDEN PAPERS. to take into Consideration a state of the Greivances of this Colony ; to make an humble, firm, dutifull, and loyal Petition to the Throne ; a Memorial to the Lords, and Representation tt Remonstrance to the Commons of G* Britain. A committee was appointed for this Business who are to Report after the call of the House on the 7th of this month. I have strong Expectations, my Lord, that the Con duct of this Province will every Day more evidently shew the loyalty and affection of the People for their graceous Sovereign, aod their earnest desire for a Reconciliation with G' Britain. I enclose your Lordship a Paper published last Week by the Quakers of Philadelphia; they are like wise a very respectable Body of People in this Prov ince. It is immagined the Address of our Assembly was even a great Means of producing this Paper from the Quakers. 'Till the Address appeared, every Body was afraid to oppose what seemed to be the universal Sentiments of all the Continent. I thought the Address of our Assembly Avas of such Consequence that in order to give your Lordship the earliest Intelligence of it, I transmitted it to you by a Merchantman who sailed from this Port for Exeter the beginning of last Week. I am To Captn Montagu of his Majesty's Sloop King Fisher. New York, 8 Feby 1775. Sir, Altho' no Complaint or Information has been laid before Me by any Person, relative to the ship from GlasgoAV which arrived last Week in this Port, yet the act of Outrage and Violence by which she was carried from the wharf tt is detain'd near the Watering Place is so notorious, that I thought it was my Duty to take THE COLDEN PAPERS. 385 the Opinion and advice of his Majesty's Council upon it, who have advised Me to apply to you to go down to the ship and to offer the Master your Assistance. The sooner this is done I think the better. I am To Captain Montagu of his Majesty's Sloop King Fisher. |New York 9th Feby 1775. Sir, The Letter of this Day which I had the faA^our to receive from you informing Me that . . . the Sloop with arm'd Men on board, close to. the GlasgoAv Ship, to prevent her from comeing up to Town, I have laid be fore his Majesty's Council ; and by their advice I do re quest that you will take care that no Injury be done or any restraint laid by the said Sloop, on the Glas gow Ship ; and that if the Master of the Ship do apply to- you, you do assist him in bringing his Vessel up to Town, or give him every other neccessary aid he may ask for. I am To Capt" Montagu. New York, 12th Feby 1775. Sir, I am informed that there is a large Quantity of Am munition on board the Ship Bulah which is daily expect ed Here from London. There cannot be a Doubt but that this Ammunition has been ship'd since the King's prohibitory Proclamation and I therefore communicate to you this Information. 25 386 the colden papers. To General Gage. New York 20'11 Feb'y 1775. Sir, Your Congratulations on the Success bf the Measures I took with our Assembly are very obliging and grate full to Me. It appeared on two occasions last week that the Majority are encreased, and that the Minority have gain'd no strength. A Motion has been made to return the Thanks of the House to the Delegates who attended the Congress at Philadelphia, it was carried in the negative 1 6 to 9. Next Tuesday Col. Levingston is to move that the Thanks of the House be given to the Merchants and Committees who have supported the Measures of the Congress. The Majority will be at least as great on the Negative side of this Motion. These turbulent Spirits take a strange Method of teizing the House after they had so fully declared their Senti ments by refuseing to introduce the Proceedings of the Congress. The Committee of Grievances are this week to make their report, and I suppose Avill have their Petition ready to transmit by the March Mail. The Quebec tt Boston Bills have been rejected in the Com mittee as not comeing within the Grievances of this Colony. I suppose they will have the Battle to fight over again in the House, but the Majority seem to be very firm. M' Gallaway of Phila writes to me that the People of their Province begin to think for them selves, and that the Friends of Order hourly encrease. Their Assembly was to set again last Week, and he hopes that they would come together Avith very different Sentiments from those they adopted at their last setting. I believe the example of this Province Avill have very good Effects. I have left the inclosed Letter to Admiral Graves open for your Excellency's perusal that you may see the reasons which induced me to suggest to him the Propriety of sending one of the large Men of War to THE COLDEN PAPERS. 387 this Port. You will please to seal this Letter, and send it to the Admiral or not, as you shall think will be most for his Majesty's service. Your Excellency will believe I was much shagreen'd that a ship which arrived here from Glasgow should be sent away with her Cargoe in compliance to the orders of the Congress. The Captn was a stupid Body who would neither make a complaint nor ask for assistance. None of the Consignees had Resolution enough to Demand their Goods, so that it was impossi ble for Government to interfere to any good purpose. There is noAV a ship from London at the Watering Place. The Capt11 I am told appears to be a spirited Man, and has said he will land his Cargoe. If he makes application We shall give him all the assistance We have. What is to be done is not yet deter min' d by either side. I am ttc. To Admiral Graves at Boston. New York, 20th Feby 1775. Sir, You will perceive from the public Prints that the assembly of this ProAunce refuses to adopt the Meas ures of the Continental Congress, and takes the Lead towards a reconciliation between Great Britain tt her Colonies. Tho' this be the true state of a great Major ity of the People and of Men of the best Fortunes, yet We have among Us a sett of violent Spirits of the low est rank and desperate Fortunes, countenanced by a few of superior Condition who lay hold of every occasion to raise Mobs and excite Sedition. On the side of Govern ment are the Moderate Men, who by all means avoid Dis order and Confusion, which giA^es an advantage to the hot heads on the other Side. It seems reasonable that the Friends to Government should be as much Protected as his Majesty's more urgent Service will permit. 388 THE COLDEN PAPERS. We have at present only 100 private soldiers in this Place, tho' we have had at least one Regiment ever since the Peace till now. The Colonies to the Southward threaten this Colony and declare they will join the Massachusetts. Tho' I cannot believe there is any other Design than to bully, yet as no Man can tell what Men in a Phrensy may do (which seems to prevail over the Continent) it will be inexcusable not to be prepared against every Event, es pecially after it is threatened. Hudson's River must be passed before any Body of Men can join Massachu setts from the Southward of this. For 100 Miles above this Place there is not. less than 24 Feet Water any where in the Channel as I am assured by a Gentleman who carried a Mast ship of 600 Tuns up that Distance last summer. Now, Sir, I must leave it to your Judg ment whether it may not be for his Majesty's Service to send a large Ship to this Port, which can on occasion put two or three hundred Men on Shore, and to send small Vessells to obstruct the Passage of the RiA'er, if it afterwards should be found expedient. I am, ttc To Lord Dartmouth. No 13. New York, Is* March 1775. My Lord, I inform'd your Lordship in my last Letter of the 1st of February that, the Assembly of this Province had resolved to Petition the King ttc. The Committee of the House appointed to state the Greivances of the Colony did not Report till the End of last Week. The Report was recommitted to a Committee of the whole House, and is to be taken into Consideration this Day. They have not got their Petition ready to transmit by this Packet. I was inform'd that the Boston and Que bec Bills were at first rejected in the Committee as not being Part of the Greivances of this Colony ; it seems THE COLDEN PAPERS. 389 however they were at last brought into the Report, and I am affraid may not now be got rid of in the House. The Assembly have been very Firm in rejecting several attempts to draw them into an approbation of the Pro ceedings of the Continental Congress. The Numbers on the Negative Side have been nearly two to one of the Affirmative. Last Week a Motion was made to take the Sense of the House on the necessity of appoint ing Deligates to join the Continental Congress in May next, which passd in the Negative 17 to 9. . It is surprising my Lord that notwithstanding the firmness with which the Assembly have Discounte nanced the Measures of the late Congress, and the ap probation with which this ' Conduct of the Assembly has been received by a large Majority of their Constit uents, yet the Non-importation Association of the Con gress, is rigidly maintained even in this Place. Two Vessells have arrived here since the l5* of February : the first from Glasgow; no Part of her Cargoe was landed, but was sent with the Vessell to Jamaica — Neither the Master of the Ship, nor those to Avhom the Cargoe was consign'd, would demand any Assistance, or shew'd any inclination to have the Goods landed. It was not therefore possible for Government to inter fere with any Propriety. The second Ship is from London, She still lies a few Miles below the Harbour, and it is said, is to [sail] with her Cargoe to Halifax. Neither the Master nor Owners of this Ship or Cargoe have made any Application to Government. The Suc cess my Lord, which the violent Party have had in preventing these Vessells from Landing their Cargoes here, has given them great Spirits, and is a Strong Coun terpoise to the Conduct of the Assembly. The Enemys of Government do all they can to pro pagate an Opinion that the Ministry will yet draw back, and quiet the Colonies by a repeal. They con stantly hold up the Case of the Stamp Act, and find this an argument which influences many Friends to Government to lye by. I do not doubt they will before 390 THE COLDEN PAPERS. long be convinced of the folly of such Expectations. But at present I really think my Lord such an Opinion has a good deal influenced the Measures that have been pursued Here, so contrary to the Spirit of the Votes of our Assembly. Since it was known that our Assembly would not appoint Delegates for the May Congress, the Mischeiv- ous Folks have been very busy at work endeavouring to bring about a Provincial Congress in this Colony, in order by that Means to have provincial Delegates ap pointed. They may no doubt get some People to meet, and these may take upon them to act for the whole Province tho' not a twentieth Part : I find many Peo=^ pie fear this Business may embroil the Colony in Trou bles, that have been hitherto kept at a Distance. We have had only 100 Men of the royal Irish Reg, in this Place for several Months past, and the King Fisher Sloop of War. The moderate Inhabitants have constantly expressed a Wish that We had a more for midable military Power in the Place, to awe the Licen tious tt encourage the Friends of Government. Con vinced that it would be for his Majesties Service, I wrote to Admiral Graves on the 20th Ult° and sug gested to him the utility of sending one of the large Ships from Boston to this Place. I mention'd of what Consequence it would be to keep the command of Hud son's River, which must be pass'd by the southern Peo ple to come at the Eastern. The Idea of their really fighting the King's Troops, is so full of madness and, folly, that one can hardly think seriously of it, yet my Lord a neglect of proper Precautions may Encourage the wild Enthusiasts to attempt what they would not otherwise venture upon. Except the Measures that are pursued in support of the non Importation Association, the People of this Province are in other respects ATery quiet, and shew no Inclination to Copy the extravagant Schemes of their Neighbours. I send your Lordship a Pamphlet lately publish'd in THE COLDEN PAPERS. 391 this Place. It is wrote by Mr Galloway of Philadel phia. I am ttc. To Governor Tryon. New York, Is' Feby 1775. Dear Sir, The moderate and prudent Conduct of the People of this Province for which I am certain your Excellency is warmly interested, will give you particular satisfac tion : I have therefore very great Pleasure in transmit ting to you my Speech at the opening of the Sessions of Assembly on the 13th of last Month, and the Addresses of the Council and Assembly. The Affectionate and Confidential Manner in which those public Bodies con tinue to express their Regard for their absent Governor gives Me very great Satisfaction, and must be highly agreeable to you. All the City Members — the Statten Island Members — Col. . Philips and M' Wilkins of Westchester — two from Long Island, and some others are firm on the right side — Captn Delancey and M' Wilkins take the Lead on that Side — Col. Schuyler and Clinton hold forth in the Opposition, — De Noyelles is dead, and an Election now makeing for a new Member ¦ — -Col. Johnson tt his Colleague, Ten Eyke of Albany and Six others, who will all join in the right side, have not yet made their appearance. On Thursday last Mr Ten Brook moved that the House should take into Consideration the Proceedings of the Congress. Col. Philips proposed the previous Question — a warm Debate ensued ; and upon the pre vious Question Mr Ten Brook's Motion was rejected by 11 to 10. They will not again have so near an equal ity, as all the Members who are to come up will join the Majority. Yesterday, before the Packet arrived, the Assembly agreed to Petition the King — Memorial the Lords, and Remonstrance the Commons which is to be done after 392 THE COLDEN PAPERS. the call of the House which is to be on the 7th Ins*. The loyal and peaceable Disposition of this Govern ment will every day become more evident — We are at this Time entirely Quiet, while all our Neighbours ap pear to be in the utmost Disorder and Confusion. I am sorry we have not had the Pleasure to hear from your Excellency by the Packet which arrived, Yesterday. I hope it has not been want of Health which prevented you from writing. I entertain great Expectations of being able to deliver back the Reins of administration to you, in such a state of the Govern ment as will give Us both the greatest Satisfaction. I am To his Excellency Governor Carlton. New York, ll"1 March 1775. Sir, Last Night a Packett arrived from Falmouth, by Avhich I received a Box for your Excellency, with Di rections from Lord Dartmouth to forward it to you by a particular Messenger. The Post for Quebec sets out from Hence this Evening. I have consulted with the Post Master and others who agree that the common Post will be a more safe and speedy Conveyance than any other I can get. Your Excellency will please to do Me the favour to let Me know that you have received those Dispatches. The Assembly of this Province have steadily opposed the Measures of this Congress, and are now preparing Petitions to King and Parliament. A wicked Faction in the House have endeavoured to thwart every prudent moderate Plan, and have tried all their art to bring this Colony into the same dangerous tt extravagant conduct which disgrace the conduct of our Neighbours: but the Majority in the House have been firm, tt I am now satisfied they will make some Overtures for recon ciliation that the Ministry may receive. I am ttc. THE COLDEN PAPERS. 393 To the Earl of Dartmouth. No. 14. NeAv York, 4th April, 1775. My Lord, The General Assembly of this Province, being yesterday adjourn'd by my directions to the 3d Day of May, J am now to give your Lordship some account of the Bills which have pass'd. I have assented to 71, and refused two, viz : a Naturalization Bill, and one for makeing perpetual a single Section of the Quit rent Act. It has been on this Occasion mentioned to Me my Lord, that his Majesty's Instruction prohibiting his Governors from passing a Naturalization Bill, operates very partially to the prejudice of this Prov ince, surrounded as We are, by Charter Governments, in which such Instructions have no effect. Many use- full foreigners are by this Means driven out of this Province, where they cannot acquire Landed Property, and settle in the Charter Governments where they meet with the greatest Encouragement. The Bill for perpetuating a section of the Quit rent Act, I did not assent to. I thought it was inadvisable to make any part of that Bill perpetual, while those which provide for collecting the Quit rents are left to expire. A Militia Act appeared to Me to be very expedient at this Time, to prevent the confusion the Province would otherwise be thrown into by the Endeavours that some People would certainly make to establish a Militia by election of the People. This was so strongly represented to Me, by the Friends of Government, that I could not doubt of the propriety of passing the militia Bill. Upon the Act for the general Quiet of his Majesty's Subjects in this Colony, against all pretences of con cealment whatever, I need only observe to your Lord ship that it is pass'd with a suspending Clause, tt therefore it is entirely in his Majesty's Power to give it effect or not. 394 THE C0-LDEN PAPERS. There are only two other Acts on which it is neces sary to trouble your Lordship with any Observations ; the rest being chiefly to revive former Acts, with a few new ones for ordinary and immaterial Purposes. The Act to regulate Elections for Representatives in Gen1. Assembly for the City and county of Albany, is thought necessary to prevent the exorbitant Influence which the very large Mannors in that County gave to the Proprietors or Lords of the Mannors as they are call'd. There are two Mannors and a Burrough my Lord, which each send a Representative to the Assem bly, besides the two that are returned for the City and County. The Freeholders in the Burrough and Man nors have had a Right to Vote in the County, as well as in the Burrow or Mannor, upon a Freehold which lay in the Burrough or Mannor only. This Right they have never exercised but should they at any Time do it, they are now become so popular that it is in their Power to determine every Election in the County, & may in effect Return all the five Members. In this Light the People of the City and county view the pri vilege claimed by the Mannors as dangerous to them ; and in my Opinion it may be very disadvantageous to Government that any one or two Families should be able to return so large a Proportion of the Members of our Assembly. The present Representatives of the Mannors have distinguished themselves in the opposition to Government, and Avere the Avarmest supporters of Congress. 1 therefore thought it Avas a proper Time my Lord to abridge this Privilege when the Majority both in Council and Assembly Avere for it. It may not be in the PoAver of Government hereafter to have it done when the Effects have taken Place. Another Act which your Lordship may take notice of is that for admitting the mode of administring an Oath practiced in Scotland to be used by such Persons in this Colony as make matter of Conscience of it. There are many sober discreet Inhabitants, Avho from the prejudices of Education have suffered great uneasi- THE COLDEN PAPERS. 395 ness for want of such an Indulgence in this Govern- ment. No alteration is made by this act, but that of holding up the right Hand in place of kissing the Book. I could not therefore my" Lord discoArer any Thing to induce Me to refuse my assent to the Bill, which the Council and Assembly upon mature deliberation thought proper to pass. To the Earl of Dartmouth. No. 15. New York 5th April 1775. My Lord, I have received your Lordship's Commands of the 7th of January and your Circular Letter of the 4th of the same Month. I have the pleasure to inform your Lord ship that the conduct of our Assembly with respect to the Congress proposed to be held at Philadelphia in May is entirely agreeable to his Majesty's sentiments as expressed in your circular Letter. No Person has been appointed by Them to attend that Congress ; and when it was proposed in the House, the Motion pass'd in the Negative by a large Majority. The disaffected Party are however exerting their utmost influence to obtain an appointment of Delegates by the People. It is not in the Power of Government to prevent such Measures. They are supported by Individuals in their private char acters, and do not come within the energy of our Laws. Your Lordship may however be assured that a great Part of the People are against the appointment of Del egates to meet the May Congress, and that their Disap probation will be public. I therefore hope that his Majesty will look upon the Majority in the Assembly as speaking the real sentiments of their Constituents. When I reflect my Lord upon the Event of this Ses sions of Assembly, how much the Measures pursued have tended to preserve this Government from the dan gerous and extravagant Plans which are pursued in al- 396 THE COLDEN PAPERS. most every other Part of the Continent, the Loyalty, Moderation and Affection with which they have laid their Grievances before his Majesty and Parliament: and the hearty Disposition they have testified to obtain a permanent Reconciliation, I feel a satisfaction which can only behightened by his Majesty's approbation, and the final happy accomplishment of this important Busi ness. On Monday last I gave my assent to all the Bills which passed the Council and assembly, except two, and then directed the Speaker to adjourn the House to the 3d of May. In another Letter I give your Lordship a particular account of the Bills. I now transmit the printed Journals of the Assembly from which your Lordship will be able to judge of the Disposition of the different Parties ; and I am persuaded you will be convinced that the Majority in the Assem bly have acted from a most sincere Inclination to accom plish a permanent Reconciliation with Great Britain. About a Month agoe I received Accounts of further outrages and most illegal Proceedings of the Benning ton Mob of which your Lordship has already heard so much. Their acts grow from Time to Time more daring and dangerous. They have now had the hardiness to seize a Justice of the Peace, to try him before a mock tribunal of their own, and formally to pass Sentence upon him, and after inflicting a Punishment of 200 Lashes to banish him from that Part of the Country which they call their own. Indeed the authority of Government is entirely lost among them, and I am affraid cannot be restored but by force. They began with pretending only to hold Possession of the Lands on which they had settled, but your Lordship may be assured they have extended their Designs much farther, and are daily becomeing more and more formidable and dangerous to Government. I have lately received accounts likewise my Lord of a dangerous Insurrection in Cumberland County of this Province which is connected with Massachusetts Bay on THE COLDEN PAPERS. 397 one side and New Hampshire on the other. A number of People in Cumberland work'd upon by the Example and Influence of Massachusetts Bay embraced the dan gerous Resolution of shutting up the Courts of Justice. With this design they took Possession of the Court House immediately before the Court of Common Pleas and General Sessions of the Peace were to be open'd there in March last. They persisted with so much ob stinacy to resist the Sheriff and his Posse that he was obliged to have recourse to fire arms, by which one of the Rioters was kill'd and several wounded, upon which they quitted the House, tt the Courts were open'd. But by the next Day such Numbers had joined the Rioters from Massachusetts Bay and New Hampshire, as made them too powerfull for the Magestrates. They took one of the Judges, the Sheriff, Clerke of the Court and several others, Prisoners— confined them several days in the Goal of their own County, and then carried them into Massachusetts Bay, and put them into the Goal of North Hampton, where they still were, when the last Accounts came from Them. It was necessary for me, my Lord, to call upon the Assembly to Aid Me to reinstate the Authority of Government in that County, tt to bring those attrocious offenders to punishment. They have given £1,000 for this purpose — too small a sum for so much to be done with : but the Party in the Assembly who have opposed every Measure that tends to strengthen or support Gov ernment, by working on the parsimonious Disposition of some of the Country Members had too much Influ ence on this occasion. I am now waiting for an answer from General Gage, to whom I have wrote on this affair in Cumberland County, and by his Assistance I hope We shall be able soon to hold a Court of Oyer tt Terminer in the County where I am assured there are some hundreds of People well affected to Government, and that if the Debts of the People who have been concerned in this outrage were all paid, there would not be a six Pence of Property left among them. It is 398 THE COLDEN PAPERS.' proper your Lordship should be informed that the In habitants of Cumberland County have not been made uneasy by any Dispute about the Title of their Lands; those who have not obtained Grants under this Govern ment, live in undisturbed Possession under the Grants formerly made by NeAv Hampshire. The Rioters have not pretended to raise up such a Pretence for their Conduct. The Example of Massachusetts Bay is the only Reason they have assigned. Yet I make no doubt they will be joined by the Bennington Rioters who will endeavour to make one common cause of it, tho' they have no connection but in their violence to Govern ment. Some Weeks before I received his Majesty's Com mands for locating Col. Ord's Land, I - had sealed a Pattent granting 5,000 Acres of Land to him upon his Mandamus in another part of the Country, where his agent had petitioned to have it granted before Governor Tryon went from Hence. It Avas, therefore, out of my PoAver to comply with his Majesty's Direc tions. To Governor Tryon. New York, 5th April 1775. Dear Sir, I have great Pleasure in being able to inform you,' in answer to your Excellency's Letter of the 2d of January, incloseing an Extract of a Letter from Lord Dartmouth, that our Assembly have pursued a Plan of Conduct which I hope will be satisfactory to his Majesty and his Ministers. They have sent a Petition to the King, a Memorial to the Lords, and a Remon strance to the Commons, all expressed, especially the Petition to the King, in a very moderate decent style. I am persuaded it will give you some concern Sir, to hear that Col. Schuyler, Ten Brooke tt Sd Livingston made a violent Opposition in the House to these Meas- THE COLDEN PAPERS. 399 ures, and have made it evident throughout the Sessions, that they wish'd to bring this Colony into all the dan gerous tt extravagant Schemes which Disgrace too many of the Sister Colonies. They openly espoused- the Cause of the last Congress, and strove hard to have Delegates appointed by the House for that which is to be held in May. They are now gone home to get that done by the election of the People which they could not effect in the House. Mr. Wilkins and Captain Dte Lancey took the Lead on the Side of Government with great firmness. Mr. Wilkins has been of infinite service ; and was the only one able to cope with the opposition as a Speaker in the House. It gives me great satisfaction to reflect that the Con duct of our Assembly has been such as must confirm the favourable Opinion his Majesty is pleased to enter tain of this Province. Whatever disagreeable Measures may be pursued by particular Parties, I hope it will be immagined that the Assembly have acted according to the Sentiments of a great Majority of their Constituents which I really belie\re to be the case. There is at the Rate of £2000 p' An. given to Me in the last support Bill for administring the Govern ment from the 6th of April last to the 1st of September next. I know of no Instruction to prevent my takeing this Money. That which is enter'd on the Council Books among your Instructions is an old one, and litterally the same Avith what all our Governors for many years past have had, who all notwithstanding received a Salary from the Assembly, and were not, to my knowledge, found fault with for so doing. The Intent of that Instruction is to prevent the Governor from taking Presents for particular Services. It must be very disgusting to the Assembly to refuse to accept of a Sallary given by them, without being able to give a sufficient Reason for it. We are waiting with great impatience for the arrival of a Packett — that we may know the Resolutions of Parliament. The People are at present deluded with an 400 THE COLDEN PAPERS. Opinion that all the obnoxious Acts will be repealed, tt that Parliament will yield implicitly to the Clamours of America. The Pause occasioned by the Hollidays after the Proceedings of the Congress were received in England, and the Letters wrote from thence have given the Sons of Liberty a good opportunity for spreading such Reports, which have greatly encouraged the Op position and discouraged the Supporters of Government. The Benington Rioters grow more and more insolent, and I am persuaded Avill not be brought to pay any obedience to legal Government but by Force. There has been an allarming Insurrection in Cumber land County, in order to prevent the Courts of Justice from seting, which they as good as effected. The In surgents took one of the Judges, the Sheriff, Clarke ttc, Prisoners. The Sheriff beheaved with great Prudence and Resolution. One of the Rioters was kill'd by the Sheriffs Party, and several wounded. He was at length cwerpowered by Numbers and obliged to yield. The rioters carried their Prisoners into Massachusetts Bay Government where they remained in confinement when we last heard from them : but it is expected they would soon be set at Liberty. This Insurrection in Cumber land has no connection with any Dispute about Lands. It is a contagion spread from Massachusetts Bay. I fear it will spread farther, and throw the whole Pro vince into a dreadful Situation if Parliament do not support their authority, and punislTsome of the re bellious Leaders in America. To Lord Dartmouth. No. 16. New York, 3d May 1775. I have received your Lordship's Dispatches of the .22°d of February and 3d of March, both Circular ; with one Private of the last Date. Likewise your Letter N° 28. THE COLDEN PAPERS: 401 - In all my Correspondence I have studied to give your Lordship an exact Idea of the real State of the Prov ince, and of the most material Transactions of the People. The Accounts which I am now to give will almost entirely destroy the Expectation you have had reason to entertain of the Conduct which this Province would pursue. Yet I am persuaded, the Proceedings of our Assembly, and other Information which I doubt not your Lordship has received will justify the Rep resentations I have made. The Disunion of the Colonies being held up in America, and by many in Britain likeAvise, on the only Thing which could defeat the Measures of the Con gress, the Moment that the: Legislative Body of this Province deviated from the general Association of the Colonies and pointed out a different Conduct, a Design was evidently form'd in the other Colonies to driAre the People Here from acquiescing in the Measures of the Assembly, tt to force them into the General Plan of Association tt Resistance. This Design was heartily seconded by many among ourselves. Every species of public and private Resentment was threatened to terrify the Inhabitants of this Province if they continued Dis united from the others. The certainty of looseing all the Debts due from the other Colonies, which are very considerable, and every other Argument of private In terest that could Influence the Merchants, or any one, was industriously circulated. The Minds of the People in this City were kept in constant agitation by Riots and attempts to stop the Transports loading Here with Stores Provisions ttc. for the Army. The want of any Degree of Resolution among the Magistrates to support" the authority of Government in opposition to popular Measures rendered the Leaders of the People insolently Bold and Daring. The Friends of Order and Govern ment saw no Protection either in the exertions of the Magistrates or the feeble Aid that could be afforded by the very small Body of Troops quartered in this City to protect their Persons or Property from Ravage and 26- 402 THE COLDEN PAPERS. Violence. Several Incidents combined to depress legal authority — to increase the Terror of the Inhabitants, and which seemed to vanquish every thought of Re sistance to popular Rage — In this unfortunate state of the City, the first accounts of the action between the King's Troops and People near Boston was spread with horrid and aggravating circumstances. The Moment of Consternation and anxiety was seized, the People were assembled, and that Scene of Violence and Dis order was begun which has entirely prostrated the Powers of Government and produced an Association by which this Province has solemnly united with the others in resisting the Acts of Parliament. The Gentlemen of his Majesty's Council, in support of their advice for proroguing the Assembly to the 7 th Day of June, have ing gone into a particular Detail of the most material Transactions of the People from the 23d of last Month to the present Time, I beg leave to refer to the inclosed Extract of their Minutes. It contains a full descrip tion of the present state of the Province which at this time I think will be most properly laid before his Majesty in their own words. Two of the Council have this moment informed Me that a copy of the Minutes has been shewn to the City Committee, and that they have sent to request that it may be transmitted Home. The Pretence for the Necessity of shuting up the Custom House was to prevent the Exportation of Pro visions of which it was said all there was in the Place would be wanted for the armies of the Colonies. But it is more probable that the real Intention was, my Lord, to strike Terror by the boldness of the action. Haveing affected this Purpose and established the ab solute Power of the Committee, the Keys of the Custom have been returned to Mr Elliot ; but at the same Time a Declaration publish'd that no Vessell shall be suffered to clear for Boston or Hallifax. All the military Force we have in this Province is the King Fisher sloop of War, and 100 Men of the royal Irish Reg' commanded by Major Hamilton. This THE COLDEN PAPERS. 403 small Body of Troops are quartered in the city Bar racks without any kind of Protection but in their Arms. Lord Dunmore when in this Government, converted the Fort Barracks into Stables, and dismantled the Fort it self, which before that Time was a sufficient security against the attempts of a Mob. The Troops now found the want of this security, and that they were not only a Force too small to make any formidable Opposition to the violences of the People, but, in their Situation appeared insufficient to deter the rash Designs which were meditated to Destroy them, and which there is reason to think would have been attempted if some of the Inhabitants had not supported Moderation tt Wis dom enough to prevent the spilling of Blood. The Posts between this Place and Boston are stop'cl, as all Letters Avere open'd on the Way, and many secret- ted since the affair of the 19th of April. I hope Gen1 Gage will employ a Cutter to go between Us, as a com munication of Intelligence may be very necessary. Governor Carleton informs Me that he has received the Box with his Commission and Instructions which I received from your Lordship's office, with your Orders to forward it to him. I enclose a printed copy of the Association. I am &" To Governor Carleton. New York, 3d May 1775. Sir, ' The inclosed Dispatches from Gen1 Gage are in con sequence of an application I made to him for Assistance to quell an Insurrection which took place in March last in Cumberland County in this Province. The State of affairs Here has undergone so great a change since the action at Boston that the Plan which I had laid is en tirely defeated. I have received some Arms and Am munition from the General, which I desired for the use 404 THE COLDEN PAPERS. of the well affected Inhabitants of that County ; but as they arrived after the News from Boston had excited the utmost Disorder and Rage Here, it was necessary to lodge both arms and ammunition on Board a Sloop of War, to prevent their being seized by the People. In our present state I cannot venture to send them to Albany or anywhere else, or to move them out of that Place of Security. Without these Arms the People of Cumberland cannot join the Troops order'd from Que bec. The General desires me Sir to signify my Inten tions to you, upon the proposed junction. I am sorry to say I do not now see a possibility of executing the Plan. I am extreamly hurried in Business and writing by the Packett. We have not heard a Word from Boston since the date of your Dispatches. All com munication by Post is stop'd. Sir John Johnson, now here, takes charge of your Dispatches and will send them by an Indn I am tt° To Lord Dartmouth. [No. 16 a.] New York, 4th May 1775. My Lord, The State of annarchy and Confusion into which this Province has run since the actual Commencement of Hostilities, between the Kings Troops and People of Massachusetts Bay, induces several Gentlemen to go over to England, with hopes of being able to do some thing to stop the effusion of Blood, and the Horrors and Calamities of a Civil War which has already had such terrifying Effects. Among these is Lt. Col. Maunsell, an half pay officer in his Majesty's Service who with great zeal offer' d to carry my Dispatches to your Lordship. I have not had more than a very su perficial Acquaintance wdth Col. Maunsell, but on this Occasion I have been told by Gentlemen who knoAV him well, that he is a Man of strict Honor tt Probity THE COLDEN PAPERS. * 405 — a warm Friend to Government, and by a Residence of eleven years in this Place, is well acquainted with the General state of the Province. ^ He will be able to give your Lordship a minute Detaibof Circumstances which you may wish4o know. I do not however my Lord deliver up public Dispatches to him as it is possi ble he may be detain'd by sickness or some accident. If he should arrive in London before the Mail, your Lordship may confide in his account of our present State, which is a total prostration of Government, tt an association with the other Colonies to resist the Acts of Parliament and oppose Force to Force. I am tt° To Lord North. New York, 4th May 1775. My Lord, L* Coll Maunsell was the person who, on the sudden change that has happened in this Province, took the Resolution of going to England, and engaged a Letter of Introduction to your Lordship He is an Officer on half pay, served in the last war in America, and has acquired a knowledge of the state of this Colony by a Residence of 11 years. He has been a Eye Witness of the late Extraordinary Events in this Place. So many gentlemen have since taken the Resolution to go over in this Pacquet, that your Lordship may have the best Information from a variety of Hands. M'. • Watts and Col Morris, both of the Council, have with in a few hours of the Pacquet's sailing taken their Res olution to go. I have given a full account of the pres ent state of the Province to Lord Dartmouth. I beg your Lordship to be assured of the firm attachment and Respect with which I am, ttc. 406 THE COLDEN PAPERS. To Lord Dartmouth. [No. 16 b.~] New York, 4th May, 1775. My Lord, M'. Wilkins a member of the Assembly of this Province distinguished himself in the last Sessions by the zeal amd ability with which he opposed Congresses and Committees, and all their Plans of Violent Resistance. On this account he is now marked as an object on whom the certain Resentment of the People ought to fall — Their rage at present runs so high that his situation is really dangerous and he was very soon obliged to seek security by flying from his House and Family. I was inform'd last Evening that he had determined to go to England with the Packett which is to sail this Day. Your Lordship may be able to get much Intelligence from him. He is perfectly well acquainted with the po litical schemes of different parties, and the general state of the Province. I think it is my duty to introduce him to your Lordship as a Gentleman of an excellent char acter, good understanding, friendly to Mankind and zeal ously attach'd to Government. I am, ttc To General Gage. New York 4th Mav 1775. Sir, I am desired to transmit the inclosed Minute of Coun cil to your Excellency which in the present state of this Government I could not refuse. From it you will see the State We are in. A Committee has assumed the whole Powers of Government I shall not presume to give advice. Your own Judgment must determine what attention is it Prudent tt Proper to pay to the request of the Council. I have received a letter of the 21ab of April from B. THE COLDEN PAPERS. 407 G. Robertson, with your Dispatches for Governor Carle ton. The Disposition of the People is now such that I cannot venture to move the arms tt ammunition you have afforded for the use of Cumberland County out of Captu Montagu's Protection who has them on Board his ship. I have wrote to Governor Carleton that my Plan of joining a Provincial Force to the Regulars which in that case you have ordered from Quebec is now entirely defeated. I however thought it might be necessary to forward your Dispatches to him, and as a conveyance by Post is not now to be depended on, I have sent them by a safe Hand to Col Johnson with directions to him to forward them by a trusty Indian to Montreal. I am, tt°. To General Gage. New York, 2nd April 1775. Sir, I see by the Accounts which are published in the Boston News Papers of the late daring Riot in Cum berland County of this Province that your Excel lency has been as well informed of that dangerous and insolent affair as we are in this Place. Upon the first Intelligence of it I applied to our assembly and press'd them to grant such Supplies as would enable Me to reinstate the authority of Government in that County, tt bring to Punishment the attrocious offenders. I am sorry to say wdth much difficulty the House were brought to give £1000 for this Purpose. Col. Schuyler and his Party opposed the Granting any Aid whatever, and by working on the parsimonious Disposition of some of the Country Members, had nearly carried his point. The avowed Design of the Rioters was to shut up the Courts of Justice, in immitation of their Neighbours of Massachusetts Bay, and to follow the same example in all other Matters yet Mr. Schuyler and his Party have 408 THE COLDEN PAPERS. industriously propagated an Opinion both in the House tt abroad that the violent Proceedings in Cumberland County are solely owing to the uneasiness and distress the People are under from the Disputes subsisting about the Title of their Lands. Your Excellency may be assured this is an assertion without foundation propagated by those only who wish to see this Govern ment in the same state of Disorder and confusion that prevails elsewhere. I dare say there is not a County in this Province where there are fewer, or so few dis puted Titles as in Cumberland. No one Grant made by this1 Government in that County clashes with the New Hampshire Claims, except the Township of Hindsdale, the Inhabitants of which Town I am assured are perfectly quiet and in peaceable Possession of their Lands. I think it necessary to say thus much to your Excellency that you may be informed of the true state of Facts. I am now Sir to set to work Avith the small aid granted by the Assembly to reinstate the Courts of Justice in Cumberland County, and to bring the offenders to Punishment. I am certain I may rely on every assist ance your Excellency can give us consistent with other Parts of his Majesty's Service. Our Plan is to raise such a Force in the County as shall be sufficient to suppress any further Riots, and then to send the Judges of the Supreme Court to hold a Court of Oyer and Terminer in the County. Col Wells one of the Mem bers of Assembly for that County Avho seems to be a discreet, resolute Man, says he does not doubt but that he can raise four or five hundred Men in the County wdio may be depended on to be well affected to Govern ment. I propose to give Commissions to officers for 300 Men who are to be inlisted as soon as possible, with the greatest attention to take only such Men as may be trusted. Whenever Exigencies will admit of it, only one Company of 50 Men will be Kept in constant Duty and Pay ; the others are to be ready at a call, and paid Avhen on Duty. A sufficient supply of Provisions THE COLDEN PAPERS. 409 is to be had on the spot but arms and ammunition — especially arms, We cannot get unless from your Ex cellency. I must therefore, Sir, if you think it is con sistent with his Majesty's Sendee, request you will fur nish Me with 300 stand of arms, Bayonets, Flints and Cartouch Boxes and such quantity of Cartridges as you think proper, to be sent to this Place as soon as possible. There will be some difficulty in geting the arms from Hence to Cumberland. We at present pro pose that they shall be lodged in the safest Manner We can at Albany. , That the Men when inlisted shall be sent as privately as possible, from Cumberland to rendezvous Avith their officers at Albany on a certain Day, That they shall receive their arms tt ammuni tion and march in a Body to Cumberland. If your Excellency can think of any Better Method of geting the Arms tt Ammunition up to that County, or of any more eligible Plan for applying the Money We have got to restore the authority of Government in the County, I beg your advice upon it. By the last accounts We hav^e one of the Judges the Sheriff and Clarke with six other Persons of Cum berland County were carried by the rioters to North Hampton in your Government, and are now in Goal there, but it is immagined will soon be set at Liberty, and We expect that some of them will then make the best of their Way to this Place. Col. Wells will stay here till I receive an answer from you, which I beg may be as soon as Possible. I propose that our Assembly should adjourn To morrow for about a Month. Their Petition to the King is loyal, affectionate and Decent strongly expres sive of subordination to the authority of Great Britain and of a hearty disposition to a Reconciliation. They state their Grievances with Moderation, tt without a harsh Expression. Their Memorial tt Re monstrance to the Lords tt Commons are drawn in the Same Temper. I am 410 THE" COLDEN PAPERS. To Gen" Gage. New York 13th April 1775. Sir, The Intelligence received from Cumberland County, since I wrote to your Excellency on the 2d Instant gives Us reason to think that the Disorders which so lately broke out there have already arrived at such a Highth that it will not be possible to reinstate any legal Authority in the County without assistance from the Military Power. Several Messengers, who Avere sent from Hence to Cumberland have returned tt report that they should certainly be put to death if they per sisted in attempting to go into that county. That all Travellers going that way are examined in Connecticut and Massachusetts Bay and not suffered to go on. Col. Wells and Mr Brush find they must not attempt to return Home, and are warn'd by their Families that they will be put to Death if they come into the Coun ty. No doubt the part which those Gentlemen took in conjunction with the majority of our Assembly has rendered them very obnoxious to the rebellious and distracted Party, and that they will be marked as fit Persons to be made examples of. I inclose your Ex cellency the copy of a Memorial which I have received from Col Wells and M' Brush — they uoav give up all hopes of being able to do any Thing with the People of the County themselves ; and that their only reliance is on the assistance your Excellency may be able to afford them. It is not in my Power to give them any Military Aid, whatever, and Avithout it, the Friends of Government in that County must be ruined, and the authority of the civil Power entirely lost. I must therefore rely on you Sir to take the state of Cumberland County where a Measure the most danger ous to Government and to the safety of the People has been first attempted and effected in this Province, into your Consideration. If any Troops can be spared from THE COLDEN PAPERS. 411 Quebec, I think it would be for his Majesty's Service, should your Excellency think fit to order a considerable Body of them to march from Crown Point and Fort Edward by different Routs thro' Charlotte County into Cumberland. That they be directed to search for and apprehend particular Persons whom I shall be enabled to Name, who have been the Ringleaders in the late Outrages ; and that they rendezvous in Cumberland to act in Conjunction with Col. Wells and other well af fected People who will join them in executing such a Plan as may be form'd for reinstating the authority of Government in that County tt Punishing the Offenders. I am of Opinion a Body of Troops so near the Borders of Massachusetts Bay may be very effectually Employed in executing the coercive Measures which seem una voidable for bringing the eastern Colonies under submis sion to Great Britain ,or any legal authority. Such a Body in that interior Country Avill be a Protection the Friends of Government will gladly fly to — without it, they must run into the Torrent or perish in Opposition. B. G. Robertson has conversed with Col Wells and M'. Brush and is so able to give you the best account, not only of this, but of all our political affairs that I beg leave to referr to him. I must however beg leave to inform your Excellency that, in my Opinion, the want of the usual military Force in this Place gi'eatly dis courages the Friends of Government who know that the Civil Magestrates are not able in our present situa tion to afford protection either to the Persons or Property, and hence the disaffected, whose view is to plunge this Province into every rebellious Measure adopted by the other Colonies on too many occasions reign triumphant to the disgrace of Government. I was in hopes that the Asia Man of War would have been here ere now — With a proper Military Power I think this Province would continue to set a good Example, but without that protection I fear even the best Friends of Government will not care to risque their personal safety and expose their Families to continual 412 THE COLDEN PAPERS. Terrors tt allarms. You alone, Sir, can determine whether a Regiment can be spared from Quebec, or any other Place. I am certain that if his Majesty's ser vice will admit of it, the presence of three or four hun dred Troops as soon as possible in this Place will have very salutary Effects. By the Pacquet which arrived the Night before last, I received a Dispatch from the Secrettary of State's office for your Excellency Gen1 Robertson's Express was gone before I opened my Letters in the Morning. He advised me rather to send your Letter by the sloop, which he will dispatch Tomorrow", than by the Post with this, as you have not chose that the Dispatches for you should go by Post. I hope the sloop may have a fair wind, and am sorry I miss'd the Opportunity by the Express. I am, ttc To Genl Gage. Spring Hill, 18'11 May 1775. Sir, Last Week the Committee of New York delivered Me an Address of Avhich I enclose your Excellency a Copy, and of my Answer : You will please to let Me know if you choose that any Answer should be given from you — Things have taken a strange turn in this Province. I am much shagreened, but the Torrent is yet too furious to be opposed with any Hopes of suc cess. We hear the Benington Rioters joined by some Con necticut People, have taken possession of Ticonderoga and Croun Point, and have sent the officers tt Men Prisoners into Connecticut. The Intelligence is brought by Express to the Committee ; but I have it only from Report. I am THE COLDEN PAPERS. 413 To Captn Vandeput of his Majesty's Ship Asia. Spring Hill 27th of May Sir, Your arrival at New York, with his Majesty's Ship under your Command gives Me particular Satisfaction. I only regret that the Admiral did not find it consis tent with his Majesty's Service to send Me so necessary an Aid much sooner. You will be surprised Sir to find how entirely the legal authority of Governm* is now superceded in this Place, where only a few Months agoe the Prospect of public affairs gave so much satisfaction to the Friends of Government. When Congresses and Committees had taken the en tire direction of the Government, it was extremely dis agreeable to Me to remain a Spectator of the Proceed ings and confusions in Town, which I had it not in my Power to prevent ; I therefore retired to this Place on Long Island where I shall be very happy to see you whenever you can make it agreeable to yourself. I entirely agree with G1 Gage that it will be most proper for the five Companies of the royal Irish Reg* under Major Hamilton's Command to embark on board the Asia. I have advised the Major to consult with you upon this Proposition, and think it is necessary that the Embarkation should be conducted both with secresy and caution to avoid the wicked Measures that may be stir'd up on the Occasion I am &° To Major Isaac Hamilton, 18th Regt. Spring Hill 27th May 1775. Sir, The very disagreeable Situation the five Companies under your Command have been in for some Time past, has given Me a great deal of Concern. I am of Opin- 414 the colden papers. ion that it cannot in any way advance his Majesty's Service to keep the Troops in that Situation, and there fore have no doubt that the Measure proposed to you by Gen1 Gage is the most proper of any that can be pursued at this Time. The inclosed Letter to Captn Vandeput is on this subject. My advice to you is Sir that after consulting with him and fixing on the best Plan for embarking, you should get the five Companies on board the Asia as soon as possible. It will be ne cessary to keep this Intention entirely Secret, and to effect the Embarkation in such way as to give the Peo ple the least Notice you possibly can of it. I am, ttc To Genl Gage. Spring Hill 31s' May 1775 ' Sir, I have the honor of your Excellency's Letter of the 4th Instant, and your other Dispatches by the Asia Those which came under my cover for the Governors to the Southward, I have delivered to M' Foxcroft, who will take care of them in the best Manner. Immediately upon the Receipt of your first account of the affair of the 19th of April, I sent it to Gaine to be publish'd in his Paper. He desired Leave, if ask'd, to say from whom he got it. I sent my son to tell him that He might, and if he chose might add that I re ceived it from Head Quarters, which entirely satisfied him, and he promised to publish it on Monday. This was on Saturday Evening. On Sunday he returned the Copy and let Me know he could not insert it in his Paper. Hancock and Adams came to Town on Satur day, and were probably consulted by some of the Party here, and with them determined still to suppress every account but their own. A Method by which they had so successfully deluded the People. I have it not in my Power to give your Excellency THE COLDEN PAPERS. 415 any account of what has lately happened in the northern Part of this Province. All Intelligence to Government is intercepted, so that I can know nothing but the Com mon Reports, and Avhat is published in the News Pa pers. The Congresses and Committees have taken the entire Direction of all public Transactions and are the only Hands who receive Intelligence. It is \^ery natural for a Set of Rioters such as the Benington Peo ple who had long declared Defiance to legal authority to seize the first Moment of public Confusion, to at- chieve an action whereby they might be united as Prin cipals in the grand Opposition to Government. I wish the Delegates from New York may have Prudence or Influence enough in the Congress to prevent this high Act of Treason from being supported in a Manner that will make it the Act of the Province. It is said the Benington People were join'd by a Party from Hart ford, and another from the Camp near Boston, and it is now reported that a Party of those People from Ticon deroga have taken or destroy' d the Vessell at St. Johns. I immagine this Event at Ticonderoga, may make it necessary for the 7th Reg' to take Possession there again, and that they will not be able to spare such a number from thence as can be of any use at New York. Indeed the Spirit and Phrensey of the People is such that it may be questioned whether one Reg' could now prudently venture thro' the Country. . They would cer tainly be obliged to impress every Boat Waggon and Horse they employ'd, which would give continual Pre tences for Broils and forcible Opposition. How rnuch- soever I wish to have such a military Aid Here, as might reinstate the legal authority of Government, I cannot think it advisable to attempt the Introduction of any Troops now, unless the number was such as might deter any Opposition to them, or insure their being able to maintain their Ground. Major Hamilton having communicated to me your Excellency's Letter to him, I had no doubt of the Propriety of adviseing him to put the five Companies 416 THE COLDEN PAPERS. of the 18th Regt. under his Command on board the Asia. They have never made above 100 Men, and have ever since the affair at Boston been in a very critical situation. After writing my opinion on this subject, I had the pleasure of a visit from Captn Vandeput and Captn Payne, and then found that there was such a Number of Women and Children belonging to the Troops, as would by no means be taken on Board the Asia ; it was therefore agreed by Us that the Troops must re main in the Barracks. You will hear from Major Hamilton what Pains are taken to debauch his Men, and hoAv successfully high Temptations are offered to Deserters. I hear the spirit of arming ' and parading still con tinues to rage High in Town, tt that several Indepen dent Companies are form'd, Avho are cloathed in this form, tt Exercise every Day. I have no room to ex pect that affairs are yet in a State among Us to take a Turn for the Better. It is said to be resolved by the Continental and our provincial Congress that a very large Sum of Paper Money shall be issued. That the Port of New York shall be shut up when the others are. A fortification is to be raised at Kings bridge, and one on each side of Hudson's River. The Impositions which such Measures must produce, may make the People uneasy tt dissatis fied, and they may then perhaps take up Resolution enough to return to legal Government. June 1st I have a letter from Gov' Tryon by the Packett Avhich arrived last Evening. He intends to set out for his Gov' in the May Packett. I am, tt° THE COLDEN PAPERS. 417 To Capt" Vandeput. Spring Hill, l8' June 1775. Sir, I am much obliged to you for your care of the Dis patches for Me from the Secrettary of States office, which have been safely delivered by your officer. I shall have no Occasion to detain the Vessell you are dispatching to Boston ; the Packett I now send for Gen1 Gage being all that I wish to forward. I take the liberty to send you a Packett for my Grandson ih New York. It contains several Letters from the Secrettary of States office that requires par ticular care tt I have directed him to deliver them. A reinforcement of 4 strong Regiments may indeed make a favourable change in the Face of affairs Here. They are not however mentioned in my dispatches. I am ttc To Major Hamilton. Spring Hill, 5th June 1775. Sir, The Difficulty about the Women and Children which occasioned an alteration of our first Determina tion to put the Troops under your Command on Board of the Asia, being obviated by removing the Women to Governor's Island, there is not any Thing to make Me object to your embarking as soon as you think proper. You likewise have my leave to Encamp the Women on the Governor's Island, and if there is any room in the House, which the Family who live there, do not make use of, I am willing the Women should have it. You will please to give Orders that they by no Means burn or destroy the Fences, or do any kind of Injury to any Thing on the Island. Inclosed is au Order to the Barrack Master to lend 27 418 THE COLDEN PAPERS. some Blankets and Utensils for the uses you mention. I have directed him to take particular Receipts for whatever is lent. I am, ttc. To ME Gerrard Bancker, Provincial Barrack Master, New York. Spring Hill, 5f June 1775. Sir, Major Hamilton intending soon to move the Troops out of the Barracks, has desired Me to lend them some Blanketts and Utensils, which appearng to Me to be necessary in their present Situation, you will please to let the Major have what Blankets and utensils he wants, takeing particular and proper Receipts for whatever you Lend. I am To the R* Honbj,e Lords Commissioners for Trade tt Plant6. New York, 7th June 1775. My Lords, By the Pacquett which sails at this Time from Hence, are transmitted in a Box directed to your Lordships, Exemplifications under the great Seal of this ProAdnce of 71 Acts of the Legislature pass'd in their last Ses sions — Journal of the Proceedings of the Council in a Session commencing the IO"1 of January and ending the 3rd of April following — Minutes of Council in the De partment of Lands ttc from April 16, 1774 to the ll'11 of April 1775 — Minutes of Council in the State Depart ment from 7th April 1774 to 18th Ap. 1775, a printed sett of the Acts — a printed Sett of the Votes tt Pro ceedings of the General Assembly. Haveing submitted to Lord Dartmouth, any Remarks THE COLDEN PAPERS. 419 I could make on the Acts of Assembly now transmitted in my Letter to his Lordship of the 4th of April, I have nothing to add to your Lordships but that the Effect which it was expected the Militia Act would have in preventing the appointment of a Militia by Voice of the People haveing jfail'd, the act is at present of no manner of consequence. I am ttc To Lord Dartmouth. No. 17. New York, 7a June, 1775. My Lord, My Letter to your Lordship N° 16 of the 3d of May, and the Minute of Council then transmitted, contained a full Information of the unhappy Confusion and Disorder introduced into this Province in Conse quence of what had happened at Boston on the 19th of April. After those Accounts and every particular Cir cumstance of our Situation which your Lordship would be informd of, by the gentlemen of the Council tt others who went to England in the May Packett, you will not be surpris'd to hear that Congresses and Com mittees are now established in this Province, and are acting with all the Confidence and authority of a legal Government. The Provincial Congress of this Province now setting consists of upwards of 100 Members. Except the re mote Counties of Tryon, Gloucester tt Cumberland and some Districts in Queens County on Long Island, every other Part of the Province have sent Deputies. The City Committee and Sub-Committees in the Country Places, are likewise kept up, and that the new Plan of Government may be Complete for carrying into Execu tion the Determinations of the Continental tt Provin cial Congresses those few Districts would have not yet appointed their sub-Committees, are now call'd upon by the provincial Congress to do it immediately. 420 THE COLDEN PAPERS. The principal Matters said to be under Consideration in the Congresses, are, raising Money and an army to oppose the ICing's Forces, and erecting such Fortifica tions as may best command the Country and obstruct the March of an Army. The Congress are well aware that an attempt to raise Money by an immediate assess ment upon the People would give a Disgust that might ruin all their schemes, and therefore propose to do it by issuing a Paper Money. The Places proposed to be immediately fortifyed in this Province are Kingsbridge upon the little river which divides the Island of NeAv York from the Con tinent, about 14 Miles from the City : and some Place on each side of Hudson's River which may be best situated for maintaining the Command of that River. It was mentioned in the Minute of Council transmitted with my last Letter to your Lordship that a number of Cannon were removed from the City into the Country. The Continental Congress approved of this Measure tt recommended that all the Cannon tt ammunition should be removed into the Country except those belonging to the King, which has accordingly been done. I am told they amount to above 100 Pieces of Ship Cannon be longing to the Merchants, tho' many of them are not fit for use. It is said there is but a small Quantity of ammunition in this Province it haveing been bought up by the New England People. Whatever there is is removed into the Country. The spirit of arming and military Parade still runs high in the City. Several Companies are form'd who have appointed their own officers, are well armed and cloathed in uniform. The contagion has not yet spread much in the Country where the People would be very glad to remain quiet, but indefatigable Pains are taken to bring the whole Province into one Plan of Measures. It must excite the most poignant sensations of Pain and anxiety my Lord, in every Breast where the Prin ciples of Humanity and Common Sense are not oblit erated by the Rage of political Enthusiasm to see a THE COLDEN PAPERS. 421 People thus calmly Determine to involve a Country in dreadful War and Desolation, not even seeming to pay the least attention to a peaceable accommodation tho' benevolently held out to them by their graceous Sover eign and the Parliament. In this gloomy Prospect of Affairs the Friends of Government have received a glimpse of Hope upon hearing that M' Duane, a Dele gate from New York, has moved in the Continental Con gress to introduce a Plan of Accommodation which produced a warm debate, but was carried in favour of the Motion. Any Measures my Lord are to be preferred to those of Hostility. A Negociation once begun will give the People Time to cool and feel the Consequences of what they have already done before the whole Colonies become equally desperate. I transmit your Lordship Copies of an Address made to Me by the Committee of New York on the 13th of last Month and of my Answer. It is' evident the real Design of this Address tho' the Pretence is different, was to take an Opportunity of declaring their Senti ments upon the present unhappy Controversy A direct answer to this, tho' the most material Part of the Ad dress, I was convinced would not be of any use at this Time of Delusion. I therefore, in opposition to their Assertion that all Applications from the Colonies for Redress have been rejected, introduced a short account of the benevolent Disposition of his Majesty tt the House of Commons, as express'd in your Lordship's Letters, and the Resolution of that House. The recent Instance of Disorder alluded to in my answer was a most scandalous Outrage upon Dr. Cooper the President of our College He narrowly escaped being seized by a Mob who broke the College Gate open, and would cer tainly have committed the most violent abuse upon him, if he had not happily saved himself by flight. The Doct'. is since gone from this Distracted Country to England, and will give your Lordship a farther particular Account of the Transactions Here. The Odium excited against him is for his warm attachment 422 THE COLDEN PAPERS. to Government, tt his being a supposed Author of almost every Piece that appeared on that side of the Question. I presume your Lordship is so well ac quainted with his character tt Merrit that I need not add any Thing to introduce him to your attention. M1' Rivington, the Printer of one of our News Papers was attacked by the same Mob tt rescued by the Resolution of one or two Friends. He has since taken refuge or Board the Man of War, and will not yet ven ture to return to his House. His crime is only the Liberty of his Press. While these Transactions engross'd the Attention of the City, a Matter of great Importance was carried on in the northern Part of this Province No less than the actual takeing his Majesty's Forts at Ticonderoga and Crown Point, and makeing the Garrison Prisoners. I have not any Account my Lord of this affair but what I have collected from the current Reports, for all In telligence to Government, is effectually cut off thro' the Country. The only People of this Province who had any Hand in this Expedition were that sett of lawless People whom your Lordship has heard much of under the name of the Benington Mob. They were joined by a Party from Connecticut, tt another from Massachusetts Bay. They surprised the Garrison tt took the Forts without Opposition. The Prisoners were carried into Connecticut. These People advanced across the Lake as far as S*. Johns, took a vessell there and destroy'd a number of Boats and ;some store Houses. This will retard the Operations which Gov' Carleton will prob ably undertake on this Occasion. He alone has it in his Power to do any Thing in that Quarter, and I hope he may have an Opportunity of severely retaliating this wanton Act of Treason. Many People here are of Opinion, my Lord this has been a Plan concerted by our Neighbours of the East, in order to Embarass this Colony and impell us into a Situation like their own. It is evident that all the neighbouring Colonies saw THE COLDEN PAPERS. 423 with outmost Jealousy the moderate Temper of the Majority of our People, and the Conduct of our Assembly. They determined to hold up such Terrors as should effectually preA^ent Us from accepting of the peculiar Indulgences and Favours intended by Parlia ment. We were look'd upon as Inimical to their De signs, and Plans were laid to Effect our Destruction or produce an explicit Union with Them which have been executed with great Success. I am told the People who took the Forts immeadiatly dispatched a Messen ger to the Continental Congress, but I have not learnt with any degree of certainty what Resolutions either they or the provincial Congress have taken upon it. His Majesty's Ship Asia came into our Harbour about ten Days since. In my Letter of March Is' N° 13, I informed your Lordship that I had suggested to Admiral Graves the propriety of sending one of the large ships to this Place. He answered that I might expect the Asia here by the Is' of April. I am heartily sorry she was not, for I really think the Countenance of that Ship would have had a good Effect by encour aging some and Discouraging others. The Friends of Government saw no Security for their Persons or Prop erty but by joining with the Multitude. I have con sidered my Lord with great Attention the sudden change of Measures and to all appearance of Sentiments which has happen'd in this Place, and upon the best Judgment I am able to form, it is my Opinion that if the same Number of Regular Troops had been here, which we have had at all Times since the Peace till now, this change of Measures and Prostration of legal authority had not happened. And upon the Informa tion I have received I Avill venture to say that when ever a sufficient Protection appears, it will be found that his Majesty has many true and loyal subjects who are at present compelled to acquiesce in the Plans of Opposition. I have reason to believe that numbers now appear in Arms in this City, who have not the least Intention to oppose Government, but will join to 424 THE COLDEN PAPERS.. support legal authority when there is an Opportunity. I know of one Company in particular, who have asso ciated to support Gov* but for the present appear and Parade as others do. The Association mentioned in the Minute of Council to Avhich I have already refer' d, was sign'd by many Hands during the first Impulse of Confusion and Dis- pare ; but that having subsided the spirit of signing has very much abated. I am told only 1800 have signed in the City of New York : there must be at least three Times that number who have an equal Right to Sign. The Congress have lately directed a fresh appli cation to be made to every Man throughout the Pro vince who has not signed, and the Names of those who do not sign to be returned to them by the 15"1 of July. As it is not possible for me my Lord, in our Present Situation, to obtain regular Intelligence, I am obliged to mention such Reports of Matters of Consequence as I have any Reason to believe are true : of this kind is a Report that a Body of two or three thousand Con necticut Men are encamping at Greenwich, a Place in that Government about 40 Miles Distant from the city of New York. The declared Purpose of this army is' to keep this Government in awe, and prevent any de fection Here, from the general Plan of Measures, and to assist, if necessary, in opposeing the Measures of Government. In my Letter to your Lordship N° 16, I mention'd the very disagreeable and critical Situation of the few Troops who were quartered in the Barracks of this Place, and that only by the Interposition of the more prudent Inhabitants they Avere suffered to remain in Peace. No pains however was spared to Debauch the Men, and seduce them to Desert. Large Rewards and cer tain Protection they were assured of Avhich had such Effect that the Officers began to apprehend they were in danger of looseing the Avhole. In this situation Gen1 Gage wrote to Major Hamilton by the Asia that he THE COLDEN PAPERS. 425 thought it would be a proper Measure to put the Troops under his command on Board of that Ship, and desired him to consult with me upon it. As I was very sensi ble this small number of Troops could not be of any use in the Barracks, and were exposed to those very disa greeable Circumstances I have already mention'd, I did not doubt of the Propriety of the Measures proposed by Gen1 Gage. A difficulty arose on account of the Women tt Children who were too numerous to be taken on Board with the Men, almost the whole that belong to the Rg*. being in the Barracks Here wdth the Detach ment. This occasion'd a delay of eight or ten days, in which Time several Soldiers Deserted. We at length thought of encamping the Women tt Children on what is call'd the Governor's Island, till they could be other wise taken care of, and yesterday was fixed on for em barking the Troops on Board the Asia. The Provincial Congress had notice that some People proposed to stop the embarkation, upon which they publish'd a Hand Bill adviseing the People not to Mollest the Troops or interrupt them in their Design. They likewise appoint ed a number of their Members to join the City Mages trates and assist them in preventing any interruption to the Troops. As soon as the Troops march'd from the Barracks, several People began to Harrangue them ex horting them to desert, and assuring them of sufficient protection. Two or three fellows had the hardiness to turn off with their Arms from the Ranks, and were im mediately carryed away by the People. When the Troops got upon the Dock where they were to embark the Capt8 following in the Rear with their Baggage were stop'd, and in the face of the Mayor Aldermen Congress and Committee Men, turn'd about by a few Desperate Fellows, Carried to a Place at some Distance, where they open'd the Baggage and took out a number of Spare arms and all the Ammunition belonging to the Detachment. The Troops embarked without their Bag^ gage. This violent Outrage has much allarm'd the In habitants and many of the Congress and Committee 426 THE COLDEN PAPERS. Men themselves who did not expect their authority would meet with such a public Contempt, as demon strated how inadequate they were to the Government tt Protection of the People. The Events of Yesterday made it sufficiently apparent that a People encouraged to trample on Magestrates and legal authority, will not be govern'd by any Thing but their own wild and dan gerous Passions. I have received the Dispatches from your Lordships office by the April Mail, and the secret Dispatch, by Col. Maclean with whom I have not yet had any Con versation. He, immediately after he arrived Here, em- bark'd again for Boston in a Vessell which waited Here for the Generals Dispatches. I hope the Plan he is on may succeed. I am, tt° To Major Hamilton, 18™ Reg*. Spring Hill 9th June 1775 Sir, Few Things could add more to the shagreen and Un easiness I feel from the most unhappy state of the City of N. York than the high Insult and Outrage offered to his Majesty's Troops on their March thro' the City last Tuesday. It Demonstrates Avhat I was very cer tain of before, that the legal authority of the Laws and officers of Government, being prostrated and trampled on, no assumed Power of Congresses or Committees Avill be sufficient to restrain the People. There is a Party in the City, who are determined that this Prov ince shall not fall short of the most violent in their Measures of Opposition to the King tt Parliament. I am sorry to find these wicked Men daily get the Better of Magestrates tt Congresses tt Committees, and do whatever their extravagant Passions lead to. I have wrote to the Mayor, but have too much reason to fear that neither his authority, nor mine, will avail at this THE COLDEN PAPERS. 427 Time. I received a particular account of what you met with on Tuesday, in Time to write fully on it to Lord Dartmouth. I am, ttc To Whitehead Hicks, Esq, Mayor of the City of Neav York. Spring Hill 9th June 1775. Sir, I have just now received a letter from Major Ham ilton complaining of the high Insult and Outrage offered to his Majesty's Troops by a number of People in the City of New York, on their March last Tuesday from the Barracks to the Dock where they were to em bark. That their baggage was Auolently taken from them, the Trunks and Packages in violation of all Faith broke open, their contents examined, and upwards of 100 stand of arms and accoutrements, besides several Fusils belonging to absent officers taken out, which are still detain'd, tho' the private Property of the Officers has been restored. Major Hamilton very justly ob serves that had they been equally prone to acts of violence, they had sufficient Provocation to justify them in such as might have been fatal to many. But upon the assurances they received from the Magestrates, that the Baggage should be restored they with great Hu manity and Prudence, chose to trust to those assurances rather than add to the Confusion of the City. It is a lamentable Reflection Sir, that neither your Presence with other Magestrates, nor that of those Avho have so lately given Me a public Assurance that they would strengthen the Hand of the Civil _ Magistrate, did prevent this violent Outrage on his Majesty's Troops who have beheaved in the most peaceable and orderly Manner ever since they came to the City. I will not suffer myself to doubt of your haveing done what was in your Power ; but it is my Duty to endea- 428 THE COLDEN PAPERS. vour to add any Influence I may possibly have, and to call upon you to persevere in every Method you can devise to recover and restore the arms, ttc. which have been so insolently taken from the King's Service. Every Degree of Confidence must be lost, and the Citi zens of New York branded with a scandalous Breach of Faith, unless this be immeadiately done. I am ttc. THE CONDUCT OF Cadwallader Colden, Esquire, LATE LIEUTENANT-GOVERNOR OF NEW YORK. THE CONDUCT OF Cadwallader Colden, EsguiRE? LATE LIEUTENANT-GOVERNOR OF NEW YORK relating to The Judges Commissions, Appeals to the King, and the Stamp-Duty. Printed in the Year M dcc lxvii. THE CONDUCT OF Cadwallader Colden, Esquire. The People of Great Britain are deeply concerned in the Behaviour of the Governors of their Colonies : to Reward them when they do well, and to Punish when they do otherwise. i WHILE an angry Faction in the Province of New York confined their Calumnies of Lieutenant Governor Golden to a common News-Paper, he did not think that they deserved his Notice. The Mal ice in those Papers is so apparent, they can have no In fluence on any Man disinterested in the Dispute. He satisfied himself with laying the [2] Reasons of his Conduct before his Majesty^ Ministers, who are the proper Judges of it. But that Faction having influ enced the General Assembly to pass a public Censure on Mr. Colden's Conduct, after he had been succeeded in the Administration by Sir Henry Moore, he thinks himself loudly called upon, by every Motive which can influence an honest, innocent Man, to vindicate his Character. Lieutenant-Governor Colden's Conduct has been found Fault with in three Instances, and in those only. _ First, His refusing to grant the Judges Commissions during good Behaviour. Secondly, His supporting a Right to Appeal from the Courts of Common Law, in 28 434 the colden papers. civil Causes, to the Governor and Council, and from thence to the King in his Privy Council, pursuant to the King's Instructions to his Governor of New York for that Purpose. Thirdly, In the Deference which he had to an Act of Parliament for laying a Stamp-Duty in the Colonies. [3] 1. At the same time the GoA'-ernment of the Province of New York devolved on Mr. Colden, by the Death of Lieutenant-Governor De Lancey, the Office of Chief Justice, which Mr. De Lancey likewise held, be came vacant. The Appointment of a new Chief Jus tice Avas consequently one of the first Things Mr. Col den had to think of. The Tenure of Mr. De Lancey 's Commission was during good Behaviour; and the then puisne Judges held their Commissions on the same Tenure. The granting the Judges Commissions in that Manner, was a direct Breach of the Kings standing In structions to his Governor, and contrary to the contin ued Practice in New York, the present Instances only excepted. It was expected that Mr. Colden should fol- Ioav the last Example, and without Regard to his In structions, should appoint a Chief Justice during good Behaviour : but he was immoveably determined to obey the King's Instructions. The puisne Judges had held the Courts without a Chief Justice, Avhile Mr. De Lan cey executed the Office of Governor ; no Inconveniency had been complained of, nor could any uoav arise, by delaying to appoint a Chief Justice, [4] Avhile Mr. Col den submitted the Matter to his Majesty's Ministers, and waited their Directions. Two of the puisne Judges, under different Pretences, sollicited for the Office of Chief Justice. Mr. Golden did not knoAv one Man of Distinction in the Place, who thought either of them qualified for the Office. They continued, however, to sollicit him strongly for an Appointment ; and the As sembly, in their first Sessions after the Administration had devolved on Mr. Golden, prepared an Address to him to appoint a Chief Justice during good Behaviour. He prevailed upon them to drop the Address, by assuring THE COLDEN PAPERS. 435 them that he would lay the Matter before his Majesty's Ministers : which he not only did, but with great Free dom informed them, that the People were uneasy, from an Apprehension that some needy Person in England might be appointed Chief Justice of the Province ; — ¦ that this was much owing to a late Appointment in New Jersey, which had given the People in general strong Prejudices. At the same time he suggested to the Ministry, that he hoped the Assembly would be sat isfied with the Appointment of a Chief Justice during the King's Pleasure, on [5J Condition that he was en abled to give his Assent to a Law, that no Judge shall be removed or suspended by a Governor, otherwise than by express Command from the King ; or by Desire of the Assembly, signified by public Address ; or by Ad vice and Consent of the Council, signified under the Hands of at least Seven of them. This he had men tioned to the Speaker of the Assembly ; and is a strong Instance, that while Mr. Golden honestly obeyed his Instructions, and supported the Prerogative of the Crown he Avas not inattentive to the Security of the People, and the free Administration of Justice. Very soon after this the Death of the late King was known at New York. The Judges thought it necessary to have their Commissions renewed, though they held them then during good Behaviour. Mr. Golden refused to renew their Commissions otherwise than during Pleasure, as he was directed by his Instructions. The Judges declined to take their Commissions on that Tenure, and threatened to shut up the Courts of Jus tice, by refusing to act, on which a total Failure [6] of Justice might have ensued, though by the King's Proc lamation their Commissions were continued in Force until his Majesty's Pleasure should be known; and it was quite agreeable to Mr. Golden to let Matters rest as they were until his Majesty's Pleasure was known. The Assembly, the first Time they met after the King's Death, brought a Bill into their House for making the Tenure of the Judges Commissions- during 436 THE COLDEN PAPERS. good Behaviour, with a Clause that they might be re moved by the Governor, on Address from the Assem bly ; or by Advice of at least Seven of the Council. Mr. Colden thought it necessary that they might be removed on the King's Pleasure, signified under his Signet and Sign Manual ; and prevailed on the Assem bly to postpone the Bill for that Time, Avhile his Maj esty's Requisitions for prosecuting the War demanded all their Attention. However, upon this Occasion Mr. Golden told some of the Gentlemen of the Council, and Members of Assembly, that if they would make proper Provision for the Judges Salaries to have the same Con[7]tinuance with their Commissions, it would be a great Inducement with him to give his Assent, and might excuse him with his Majesty's Ministers for so doing. He immediately informed the Ministry of the Purport of the Bill that had been brought in by the Assembly ; and argued in Favour of the Bill, that, with the Additions he proposed, the Prerogative of the Crown would be preserved, and the arbitrary Proceed ings of Governors guarded against. His Majesty's Service requiring the Assembly to meet again about two Months after, they then passed a Bill, providing that the Judges of the Supreme Court shall have their Commissions during good Behaviour; which the Council agreed to — No Provision was made in it for giving the Judges Salaries the same Continu ance with their Commissions. They were left depend ing on the Assembly from Year to Year. Mr. Golden took Time to consider of it, and transmitted a Copy of the Bill to his Majesty's Ministers — A feAV Months after Mr. Golden renewed his Application to the Ministry on this Subject, and pressed to know his Majestys [8] Pleasure, as he expected the Bill would be insisted on by the Assembly; and as he had been informed that the Judges designed not to sit the ensuing Term, unless their Commissions were renewed during good Behav iour, which would lay him under great Difficulties, and might perhaps induce a Necessity of giving his Assent THE COLDEN PAPERS. 437 to the Bill ; to prevent a total Failure of Justice ; On which the Plantation Board, in their Representation to the King, say, " They could not but be of Opinion, that if under these Circumstances Mr. Colden should have complied with so pernicious a Proposition, he will justly have deserved his Majesty's royal Displeasure." In September the Assembly had a short Sessions, upon a Requisition made by General Amhurst ; and no other Business was laid before them, or expected of them at that time. General Moncton's Commission of Governor in Chief was then hourly expected. Yet the Council and Assembly again passed the same Bill re lating to the Judges Commissions. The Lieutenant Governor again delayed his Assent ; informing the Council, that as he had laid the Bill before his Ma-[9] jesty's Ministers, he must wait at least a reasonable Time for their Directions. Thus the Affair stood when General Monckton re ceived his Commission of Governor in Chief, about a Fortnight before he set out upon his Expedition against Martinico. He took the Administration of Govern ment upon him during this short time, and in Council told Lieutenant Governor Colden, that the Judges ought to have their Commissions renewed in the man- \ ner they formerly had them. If General Monckton thought this right, he had it then in his own Power, but he did not do it. Mr. Prat arrived at this Juncture, with his Majesty's Mandamus to be appointed Chief Justice of New York, during the King's Pleasure, and his Commission was made out accordingly. Mr. Pra£s Qualifying and En tering upon his Office happily relieved the Lieutenant Governor, when he reassumed the Administration uppn Mr. Monckton 's Departure, from the great Difficulties he must have been under, by the other [10] Judges re fusing to act upon their old Commissions, or to accept of a new Appointment,, unless during good Behaviour. For though they really refused to sit, in the Term which commenced immediately after Mr. Prat's Arri- 438 THE COLDEN PAPERS. val, the Courts of Justice received not the least Preju dice or Obstruction thereby — Mr. Chief Justice Prat Avas a Man of distinguished Abilities, Knowledge and Integrity. NotAvith standing the Assembly knew the Tenure of Mr. Prat's Commission was, by direct Command of the King, during his Majesty's Pleasure, they in their next Session absolutely refused to grant any Salary to the Chief Justice, or to any other of the Judges, unless their Commissions were during good Behaviour. At this time likewise the Assembly sent up the same Bill to the Council, to which the Lieutenant Governor had twice before withheld his Assent. The Council had formerly passed the Bill — they had noAV a Conference with the Assembly, to get them to add a Clause to make the Judges Salaries of the same Continuance with their Commissions, but without Effect ; whereupon [11] the Council refused their Concurrence to the Bill. — The Assembly were as much resolved that the Judges should be dependant on them, as that they should be independant of the Crown. The Lieutenant Governor had not now the disagreeable Task of refusing his Assent to a Bill passed by the other Branches of the Legislature : But he gave a full Account of all that had happened, to his Majesty's Ministers; and observed, that the Obstinacy with which the Assembly persisted to contend that the Judges Commissions should be during good Behaviour, and to refuse to make their Salaries of the same Con tinuance, might justly create Suspicions of a designed undue Influence, as much to be dreaded by the People, as prejudicial to the Prerogative of the Crown. The Lords of Trade and Plantations, in a Representation to the King on this Subject, observe, that " the People in New York were strenuous to have the Judges Commis sions during good Behaviour, alledging the Precedent and Example of the Mother Country. ItAvasnot, how ever, say their Lordships, by the Tenure of their Com missions only that the Judges were rendered indepen dent, but such Salaries [12] were settled upon them, as THE COLDEN PAPERS. 439 not only rendered them less liable to be corrupted, but was an Encouragement for the ablest Men to engage in that Profession which qualified them for such high Trusts." The February following, the Lieutenant-Governor re ceived his Majesty's additional Instruction to his Gov ernor of New York, commanding him that he " do not, on any Pretence whatsoever, upon Pain of being re moved from his Government, give his Assent to any Act, by which the Tenure of the Judges Commissions shall be regulated or ascertained in any Manner ; and that all Commissions to the Judges shall be during Pleasure only." This Instruction put an End to the Dispute; the Judges are appointed during Pleasure, and the Assem bly gives them Salaries from Year to Year. The Obedience due to the King's Command is cer tainly of itself a sufficient Justification of Lieutenant- Governor Colden's Conduct on this Occasion : But be sides this, he [13] was influenced by a Consideration of the due Administration of Justice to the People under his Care. Perhaps no Man could be found in the Prov ince of sufficient Abilities and Knowledge in the Law, and free from Family and Party Connections, or from being interested in similar Cases, so far as to be esteemed truly disinterested in any Cause of Consequence, relat ing to Lands which might come before him. For some Years past, not more than one Judge has sat on I any Land Trial of Consequence, the others being dis abled from sitting by their being interested. It is said there is a Cause now depending, on which none of the Judges can sit, all being interested. By granting Commissions to Men not duly qualified during good Behaviour, the King is disabled, during their Lives, to appoint others, and Justice must continue to be ex ecuted in the Province under very great Disadvantages* The Power of an ambitious Chief Justice during good Behaviour, appeared to the Lieutenant-GoA-ernor to be very dangerous to the Authority of the Crown, 440 THE COLDEN PAPERS. and to the Property and Safety of the People. In this Pro-[14]vince, where there are few Men of liberal Edu cation, or who with any Attention apply their Thoughts to Matters of public Concern, an ambitious Judge has great Temptations to form Combinations with the Gentlemen of the Bar. This, with a Family Interest and its Connections, may prove too strong for the weak Power of the Administration in New York. The Gentlemen of the Law are in the Secrets of the most considerable Families, by which they obtain a general Influence. Every Man is afraid of the ruinous Expence of a tedious Law Suit. However careful a Man may be in his Conduct, he cannot think himself secure from LaAv Suits, while he may have an avaricious and mali cious Neighbour. The Law, which ought to be the Safeguard of the People, is become a Terror to honest Men ; and this could not be, were the Judges no way to blame. The Lords of the Plantation Board, in a Representa tion to the King on this Subject, observe, that "for want of such an Establishment as might induce able Persons to offer their Service, a Governor may be obliged [15] to confer the Office of Judge upon those who accept it merely with a View to make it subser vient to their private Interests, and who, added to their Ignorance of the Law, may become the Partizans of a factious Assembly, upon whom they are dependent for their Support, and who may with-hold or inlarge that Support, as the Conduct of the Judge is more or less favourable to their Interests. " It is difficult (say their Lordships) to conceive a " State of Government more dangerous to the Rights " and Liberties of the Subject ; but aggravated as the " Evil would be, by making the Judges Commissions " during good Behaviour, 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 Interests of your Majesty's Subjects, and tend- THE COLDEN PAPERS. 441 "ing to lessen that just Dependence, which the Colonies " ought to have upon the Government of the Mother " Country." [16] These Arguments militate with great Force against appointing the Judges during good Behaviour, and every disinterested Man in the Province must allow they have much Weight. The Arguments like wise against the Judges holding their Offices at the Pleasure of a Governor, are not inconsiderable. Mr. Colden saw their full Force, and while the Assembly were guarding against this, he hoped to bring about a Measure, which might at the same time guard against the arbitrary Proceedings and undue Influence of an Assembly, and render the Judges as independent as could be desired by honest Men. But the Assembly continued obstinately determined to keep the Judges dependent on them, while they contended to have them independent of the King. A circumstantial Account has been given of Lieuten ant-Governor Colden's Conduct, in this Affair of, the Judges Commissions; for from the Disappointment which some powerful Men in the Province met with in this Instance, arose a Resentment which has not sub sided since that Time. [17] His Majesty's additional Instruction having silenced the Contest about the Judges Commissions, the Lieutenant-Governor's Administration continued from that Time without any apparent Dissatisfaction, until an Incident, in October 1764, brought on that Part of his Conduct which has been principally blamed ; and on which Occasion no Artifice has been omitted to raise most violent Prejudices, by the loudest Clamours and most virulent Calumnies ; viz. 2dly, The Lieutenant-Governor's supporting a Right to appeal from the Courts of Common Law, in civil Causes, to the Governor and Council, and from thence to the King in his Privy Council, pursuant to the King's Instructions to his Governor of New York in the follow ing Words : 442 THE COLDEN PAPERS. 32. " Our Will and Pleasure is, that you, or the " Commander in Chief of our said Province for the " Time being, do in all civil Causes, on Application " being made to you, or the Commander in Chief for " the Time being, for that Purpose, permit and allow " Appeals from any of [18] the Courts of common Law " in our said Province, unto you, or the Commander in " Chief, and the Council of our said Province ; and you " are for that Purpose to issue a Writ, in the Manner "which has been usually accustomed, returnable be fore yourself and the Council of our said Province, " who are to proceed to hear and determine such Ap- " peal ; wherein such of our said Council as shall be at " that Time Judges of the Court from whence such " Appeal shall be made to you our Captain-General, or " to the Commander in Chief for the Time being, and " to our said Council as aforesaid, shall not be admitted " to vote upon the said Appeal ; but they may, never- " theless, be present at the Hearing thereof, to give " the Reasons of the Judgment given by them in the " Causes Avherein such Appeal shall be made. "Provided nevertheless, That in all such Appeals, " the Sum or Value appealed for do exceed the Sum of " Three hundred Pounds Sterling ; and that Security " be first duly given by the Appellant to answer such " Charges as shall be awarded, in case [19] the first " Sentence be affirmed ; and if either Party shall not " rest satisfied with the Judgment of you, or the Com- " mander in Chief for the Time being, and Council as " aforesaid, our Will and Pleasure is, that they may " then appeal unto us in our Privy Council, provided " the Sum or Value so appealed for unto us exceed Five "hundred Pounds Sterling, and that such Appeal be " made within Fourteen Days after Sentence, and good " Security given by the Appellant, that he will effect- " ually prosecute the same, and ansAver the Condemna- " tibn, and also pay such Costs and Damages as shall " be awarded by us, in case the Sentence of you, or the ' ' Commander in Chief for the Time being, and Coun- THE COLDEN PAPERS. 443 r "cii, be affirmed. ProAuded nevertheless, where the "Matter in Question relates to the taking or deroand- " ing any Duty payable to us, or to any Fee of Office, "or annual Rent, or other such-like Matter or Thing, " where the Rights in future may be bound, in all such " Cases you are to admit an Appeal to us in our Privy " Council, though the immediate Sum or Value ap pealed for be of less [20] Value. And it is our "further Will and Pleasure, that in all Cases where, "by your Instructions, you are to admit Appeals " to us in our Privy Council, Execution be suspended, " until the final Determination of such Appeals, unless " good and sufficient Security be given by the Appellee " to make ample Restitution of all that the Appellant " shall have lost by means of such Judgment or Decree, "in case, upon the Determination of such Appeal, such " Decree or Judgment should be reversed, and Restitu- " tion awarded to the Appellant." 33. " You are likewise to admit Appeals unto us in " Council, in all Cases of Fines imposed for Misde- " meanors, provided the Fines so imposed amount to or " exceed Two hundred Pounds Sterling, the Appellant "first giving good Security that he will effectually " prosecute the same, and answer the Condemnation, if " the Sentence by which such Fines were inxposed shall " be confirmed." On the Force of the 32d Instruction, an Appeal was brought in October 1764, from [21] a Verdict and Judg ment in the Supreme Court of JJommon Law, to the Governor and Council, for excessive Damages given by v the Jury in a Case of Assault and Battery. It may deserve Notice, that the Defendant, before he brought his Appeal, conceiving that the Jury had been partial in giving excessive Damages, moved the Court to have a new Trial, but was refused. He had then no other Remedy but by Appeal. He was at the same time under Prosecution by Indictment for the same Of fence, which subjected him to an exemplary Fine, at the Discretion of the Judges. 444 THE COLDEN PAPERS. The Judges of the Supreme Court having refused the Appeal, and to allow any Entry to be made of it on their Minutes, the Lieutenant-Governor sealed a Writ, which the Defendant brought for removing the Cause before the Governor and Council, telling him that he took it at his Peril, and that it would be quashed if it was erroneous. [22] Between the Time of issuing the Writ and the Return of it, several Incidents made it apparent -that the Gentlemen of the Council were predetermined to re ject the Appeal. The Lieutenant-bovernor was there fore desirous that the Dispute should pass the Court of the Governor and Council in the easiest and shortest Manner possible, that the final Determination of it might be made by Persons much more capable of judg ing in such a Case, than the Governor and Council of New York can be supposed to be. But this did not suit the Purpose of those who opposed Appeals. — They placed their chief Hope in the popular Clamours to be excited on this Occasion, and it was notjn the Lieuten ant-Governor's Power to prevent it. In this Case of the Judges refusing an Appeal from them, they were to inform the Governor and Council of their Reasons. The Lieutenant-Governor expected that this would have been done in private, and that they Avere at any time prepared to give their Reasons in clear and distinct Terms. They required Time, hoAvev-er, for this Purpose, and had time, and further Time repeatedly [23] granted them, to draw up their Reasons in Writing. At last they produced long Dec lamations, adapted more to the Passions of the Audi ence than the Information of the Court, each of the Judges separately making an Harrangue, and at several Sittings of" the Court. After the Judges had finished what they had. to say, the Lieutenant-Governor proposed to inquire into the true Intention of the Instruction, from the Words of the Instruction itself ; but this seemed to be designedly evaded by the Gentlemen of the Council. At last, THE COLDEN PAPERS. 445 that eA^ery Part of the Lieutenant-Governor's Conduct might appear open and fair, he communicated to the Council the Reasons which had induced him to think that the Instruction was really intended to establish a Court of Appeals upon the whole Merits of the Cause, and not a Court of Errors only to correct the Errors in the Proceedings of the Courts of Common Law. He had formed short Notes of Avhat he intended to men tion, which he held in his Hand to assist his Memory. The Gentlemen of the Council repeatedly desired a [24] Copy of this Paper for their Deliberation, to which the Lieutenant-Governor consented ; expressly declaring, when he gave the Copy, that he did it in Confidence that no other Use would be made of it,' but for their own private Deliberation. After the Delivery of this Paper, the Court, under several Pretences, Avas repeat edly adjourned, until a Paper was prepared by the Lawyers, in Opposition to Appeals, in Answer to every Argument in the Lieutenant-Governor's Notes; and concluded with a formal Judgment of the Court, by dismissing of the Appeal. This Paper the Gentlemen of the Council adopted as their own, and unanimously ordered it to be read. The Lieutenant-Governor repeatedly complained of the Indecency and Disingenuity of this Proceeding : that such a Paper should be openly read, without pre viously communicating it to him ; determining on Ar guments which he had only proposed for their joint Deliberation with him : — making themselves Parties in Opposition to him ; — and giving a Judgment of Court by themselves, without his Participation, when by [25] the Constitution of the Court it could not be held without him. Some of the Council became sensible of the Absurdity of their Proceedings, and desired to withdraw their Paper; after which, the Court Avas adjourned to the next Day. The Behaviour in all the Proceedings was so indecent, that several Persons present thought the Lieutenant-Governor too passive. —He had a difficult Part to act, when they, 446 THE COLDEN PAPERS. who ought to have assisted him, laid Snares to surprize him. At the next Meeting, the Lieutenant-GoA^ernor, with out taking the least Notice of what had happened the Day before, proposed the following Question : " Whether by the 32d Instruction the King has di- ' rected his Governor to permit and allow Appeals, in ' all civil Causes, from the Courts of Common Law ' within this Province ; and whether the King, by the ' same Instruction, has directed his Governor and ' Council to hear and determine such Appeals ? " [26] Whereupon the Council declared, " that as the ' King's Judges, and the most able Council in the Law in the Province, have given their 'Opinion, that no other than an Appeal in Error can lay by this In struction, they are unanimously of opinion that no other than an Appeal in Error is the Intention or Meaning of the Crown by this Instruction, and that they cannot take Cognizance of any other Appeal.'' It is evident the Gentlemen of the Council did not determine by any Judgment in themselves, but by their Faith in others. The Lieutenant-Governor entered his Dissent to this Opinion, declaring he would transmit his Reasons to the King's Ministers. The Gentlemen of the Council desired the Paper, which had been read the Day be fore, might be entered as the Reasons of their Judg ment, leaving out that Part in AArhich they had passed Judgment; which the Lieutenant-Governor did not op pose, that they might not have the least Room to complain, [27] though he thought the doing it in that Manner very improper and irregular. It is proper to observe, that Avhile this Dispute was depending before the Governor and Council, and be-, fore any Judgment Avas given, the Harangues of the Judges were printed in a common News-Paper, which could not be done Avithout their Privity. For what Purpose this was done is too evident. It may have had an improper Influence on the Members of the Court. THE COLDEN PAPERS. 447 Soon after the Determination, a weekly Paper, called The Centinel, was published, in which the most shame- y ful Attempts were made to asperse the Lieutenant-Gov ernor's Character, by such indirect Insinuations as the most innocent Man could not answer. The Depravity of the Author's Heart was so apparent, that his Scur rility could hurt no Character with Men of Sense, what ever it might Avith the lowest of the People, for whom it only could be intended ; it was therefore passed over without the least Notice taken of it. [28] But as no Pains nor Industry has been omitted to prejudice the Lieutenant-Go Armor's Character, not only with the People of the Province of New York, but likewise in Great Britain, by transmitting the Papers published in New York, it is thought necessary that the Lieutenant-Governor's Reasons for supporting of Ap peals be likewise published : from which it is hoped it will at least appear, that if he has erred in his Judg ment, he has not otherwise than the most innocent Man may, after the most honest Endeavours to inform him self truly. He in no Shape or Manner concerned him self in the Dispute, after the Determination of the Coun cil, otherwise than by transmitting the Proceedings of the Court to his Majesty's Ministers, and the Reasons of his Dissent from the Judgment of the Council. It was allowed that the Words of the Instruction plainly import an Appeal on the whole Merits, espe cially on considering the subsequent Instruction ; in which Case, the Verdict of the Jury becomes necessary to be inquired into, otherwise, as in the present Case of excessive Damages, the proper Re-[29]lief cannot be given : but it was insisted that no Relief by Appeal can be legally obtained against a Verdict, and that the only Relief in Error is against the erroneous Proceedings of the Court, or Determinations of the Judges. In Proof of which, the constant Practice of the Courts at Westmin ster was insisted on ; and therefore the Instruction must receive such Construction as may make it consistent with Law : but no Construction of Words can make this In- 448 THE COLDEN PAPERS. struction consistent with the Practice of the Courts at Westminster, in Error. It may well be doubted whether the Practice of the Courts at Westminster make a Law for .the Colonies. If this were to be allowed, perhaps there is not one legal Court in any of the Colonies, and all the Proceedings in them are erroneous. The Su preme Court in New York has the Powers of the King's Bench, Common Pleas, and Exchequer, which, accord ing to the Practice of the Courts at Westminster, would be absurd to exist in the same Court. The King is the Fountain of Justice, and it has been a received Opinion, that the King may erect such Courts of Justice in the Colonies, as he shall think requisite for the Distribution of [30] Justice ; in which the Rules of Proceeding may, from their different Circumstances, be unavoidably dif ferent from the Practice of the Courts at Westminster, and at the same time consistent with the Laws of Eng land. The Lieutenant-Governor thought it inconsistent Avith the Trust reposed in him, to acquiesce in having this PoAver of the Crown called in Question, and more particularly as to Appeals to the King ; since in every . Charter of Government, they are expressly reserved, and complied with in several of the Colonies, particularly in Massachusetts Bay. At Westminster the Removal, in Cases of Error, is to Judges eminent for their Knowledge in the Law; but if the Governor and Council Avere to correct the Errors in the Proceedings and Determinations of the Judges, it would be a Removal from Persons skilled in the Law, to others who never made it their Study, and profess no Knowledge in it: and yet these may be good Judges, better than common Juries, of the Merits of a Cause. [31] The Lieutenant-Governor is not a Lawyer, but under a Necessity of Judging in this Dispute; because the Court could not be held without him. He there fore thought it safest to form his Judgment on the general Principles of Justice, understood by Men of common Sense. In the present Complaint of excessive THE COLDEN PAPERS. 449 Damages given by a Jury, no Redress can be had, how ever enormous the Damages, without reversing the Ver dict. Every Man conversant in the Courts of Common Law in New York, will allow that numerous iniquitous Verdicts have been given in them. Every Evil ought to have a Remedy : and in natural Justice, an iniqui tous Verdict ought to be reversed. It is said that in such Case the Judge will give a new Trial. He then, by his single Authority, sets aside a Verdict, and ren ders it null. What Law has given the Judge this Power ? The Judges are allowed to assume a PoAver to set, aside a Verdict at their Pleasure, and it is denied that the King can appoint a Court to inquire into the Justice of any Verdict. Appeals to the King are as old as the Constitution, when Juries, by the Common Law, were the sole Judges both of Law and Fact: [32] and it is said they are so at this Time ; because they are not obliged to follow the Directions of the Judges. There is no Relief, it is affirmed, against an iniquitous Ver dict, but this of the Judges giving a new Trial. If he refuse, no Error can be assigned ; because there is no Law to warrant his doing it, and it wholly depends upon his Pleasure. It is not easy to conceive that such a Constitution can subsist in a well-regulated and free Government ; and a Man, at least one who is no Law yer, may doubt of its being so by the Constitution of England. Chief Justice Hales, in his History of the Common LaAV, makes the following memorable Remark of the State of the Courts of Justice in the several Counties in England, when the Property of the Subject was de termined in those Courts. His words are: — "All the " Business of any Moment was carried by Factions and " Parties : for the Free holders being generally the " Judges, and conversing one among another, and be- " ing, as it were, the Chief Judges not only of the Fact, " but of the Law, every Man that had a Suit there sped "as he [33] could make Parties; and Men of great " Power and Interest in the County did easily overbear 29 450 THE COLDEN PAPERS. " others in their own Causes, or in such wherein they " were interested, either by Relation of Kindred, Ten- " ure, Service, Dependence, or Application." The Colonies, while all the Judges, and all the Offi cers of Justice in each Colony, are taken from among themselves, are precisely in the same State with the Counties in England, at the Time mentioned by Judge Hale*. The Dissatisfaction that appears among great Numbers of People in New York with the Proceedings of the Courts of Justice, gives a strong Presumption that similar Causes have produced similar Effects there. Several Families in New York are possessed of Lands of great Extent, greater than those of any Subject of England ; some of them setting up boundless Claims. They are connected by Relation and Kindred with the Gentlemen of the Law, both on the Bench and the Bar, most of whom are themseh^es interested in one or other of the great Land Patents — -They haAre formed still larger Con-[34]nections by Party Interests. It is not then improbable that Combinations may be made be tween the Bench and the Bar, whereby partial Juries may be procured, wholly influenced in favour of such great Interests. In such Case, Property must become precarious to People of different Interests from them ; and the Men of such Interest Avill evade, if possible, any Appeal to a Judicatory Avhere they can have no such Influence. Supposing this to be the State of the Courts of Justice in New York, it may not be difficult to give a Reason for the violent Proceedings in Oppo sition to Appeals. The King's Authority and his Rights are only se cured by his Courts of Justice. If no Appeal is al lowed from the Courts of Justice in the Colonies, they must be finally determined there ; in which Case they may become precarious, and the Dependence on the Mother Country may become dubious, otherwise than by military Force. These Remarks Avill be confirmed, by considering the State of the Courts of Justice, as set forth in Mr THE COLDEN PAPERS. 451 Smith's History of New [35] York. — No Man knoAvs the Practice of the Courts better. His Words are, Page 213 : " I he State of our Laws opens a Door to. much Con- " troversy. The Uncertainty Avith respect to them " renders Property precarious, and greatly exposes us "to the arbitrary Decisions of bad Judges. The Com- " mon La\Ar of England is generally received, together " with such Statutes as were enacted before we had a " Legislature of our OAvn. But our Courts exercise a " Sovereign Authority in determining what Parts of " the Common Law and Statute Law ought to be ex- " tended : for it must be admitted, that the Difference " of Circumstances necessarily requires in some Cases "to reject the Determinations of both. In many In- ." stances they have also extended even Acts of Parlia- " ment passed since we had a distinct Legislation, which " is adding greatly to our Confusion. The Practice of " our Courts is not less uu certain than the Law. Some " of the English Rules are adopted and others re- " jected." [36] On considering the King's Instruction for ad mitting of Appeals, Mr. Smith makes the following Remark, Page 252 : " Before the Arrival of Sir Danvers Osborn, Appeals " were given to the Governor and Council in all Causes " above One hundred Pounds Sterling. By this In- " struction the PoAver of the Supreme Court, and of the " Governor and Council, is prodigiously augmented. In " this infant Country, few Contracts are equal to the " Sums mentioned in the Instruction ; and therefore an " uncontroulable Authority in our Courts may be dan- " gerous to the Properties and Liberties of the People. " Proper Checks upon Judges preserve them both from "Indolence and Corruption." — Such were the cool Thoughts of this Gentleman in his Closet, before he was influenced by Party arid Faction. The only Conclusion at present drawn from the Whole is, that Lieutenant-Governor Golden may have 452 THE COLDEN PAPERS. supported the Right of appealing to the King, Avith an honest Heart [37] and a sincere Sense of his Duty, against (in his Opinion) a dangerous Faction. On the 10th of July 1765, this Appeal was, by the Claimant's Petition, brought before the King in his Privy Council, and referred to the Right Honourable the Lords of the Committee of Council for hearing of Appeals from the Plantations; who reported their Opinion on the 1 7th of the same Month ; and on the 26th his Majesty was pleased to confirm their Report, and to order " that the Petitioner be admitted to bring his Appeal from the said Verdict and Judgment of the Supreme Court, ttc. wdiereof the Governor, Lieutenant- Governor, or Commander in Chief of his Majesty's Province of New York for the Time being, and all others whom it may concern, are to take Notice, and. govern themselves accordingly." The Lieutenant-Governor received this Order on the 4th of October following, and having communicated it to the Council, ordered it to be entered on the Minutes of Council, and the Original to be lodged in [38] the Secretary's Office. By this Judgment of the King in his Privy Council, the Judgment of the Court of the Governor and Council is reversed, and the Opinion of the Lieutenant-Governor, signified by his Dissent, is confirmed. The most violent Resentment of the Fac tion, which governs the Courts of Judicatory in this Province, arose against the Lieutenant-Governor in Con sequence of it. They, taking Advantage of the general Abhorrence against the Stamp Act, and which had been raised by the inflammatory Papers daily published, turned the Edge of the popular Fury against the Per son of the Lieutenant-Governor, which before that Time they had not been able to do. The Lieutenant-Governor had called the Assembly to meet him on the 13th of November, the Day on which Sir Henry Moore arrived with the King's Commission of Governor in Chief. The Fifth Day after Sir Henry arrived, the Lieutenant-Governor retired to his Country- THE COLDEN PAPERS. 453 House, at about Fifteen Miles from the City, where he has remained, without intermeddling in the public Af fairs. [39] From the Proceedings of the Assembly, printed by Order of their Speaker, it appears that on Saturday, the 14th of December 1765, before Noon, the Assembly having read Seven several Bills, and the Report of a Committee, and made Orders on them severally, they resolved that the grand Committee for Courts of Jus tice be revived. From this it appears, that this Com mittee, before that Time, had been dismissed, as having nothing to report before them. — The House immediate ly resolved itself into a Committee, when a very long circumstantial Report was formed, read, and agreed to by the House : and immediately on the Speaker's tak ing the Chair, was again read, and reported by the Chairman : — was read a third Time, and approATed by the House. In consequence of Avhich, the Assembly, in the same Sitting, before Noon, made Nine several Resolves on the Subject of Appeals. Whoever con siders the Business gone through at this Sitting, before Noon, must believe that no Time was allowed to the Committee to deliberate on their Report, though con sisting of numerous Particulars and Circumstances ; or to the Assembly afterwards to deliberate [40] on the Resolves they made ; not even sufficient Time to put them iu Writing ; and therefore must conclude, that the Report of the Committee, and subsequent Resolves of the Assembly, were brought into the House previously formed in Writing without Doors, and hastily agreed to without Deliberation. For the present Purpose, Three of the Nine Resolves only require particular Notice ; viz. the Third, Fourth, and Fifth, in the following Words : " Resolved, " That the late Attempt to introduce such Appeal " (from the Verdict of a Jury to the King and Privy " Council) was illegal, an Attack upon the Rights of " the Subject, and a dangerous and mischievous Inno- 454 THE COLDEN PAPERS. " vation, tending to encourage Litigiousness and Delay, "promote Perjury, piwent Justice, subject the People " to arbitrary Power, and ruin the Colony. " Resolved, "That it appears to this House that Cadwallader' " Colden, Esquire, the Lieutenant-[41] Governor of "this Colony, has, to the utmost of his Power, endeav-: " oured to give Success to that dangerous Machination, " so naturally destructive of the Peace and Security of " the Subject. " Resolved, " That the Conduct of the Lieutenant-Governor has " filled the Minds of his Majesty's Subjects in this Col- " ony with Jealousies and Distrust, to the great Preju- " dice of the public Service, and the Repose of the In- " habitants," As to the First of these Resoles,- it must be mani fest, on the least candid Reflection, that trying a Cause over again by Appeal, cannot encourage Litigiousness and Delay, or promote Perjury and prevent Justice, more than a new Trial granted at the Pleasure of a Judge ; or neAV Trials on Ejectments in the same Case, frequently brought in the Courts of Common Law. And if the Evidence giAren to the Jury were to be put in Writing, as, it is said, is done in the neighbouring Government of Massachusetts Bay, a great Advantage must thence arise to the [42] Jury, in considering the Evidence, after a Hearing of Twenty-four Hours, fre quent in Land Trials. Some Men would SAvear more cautiously, knoAving that what they said would be com mitted to Writing ; Perjury would thereby be discour aged and detected, and Justice promoted. Appeals from the Plantations are heard before a standing Committee of the Privy Council, of which some of the Judges are always Members ; and they are finally determined before his Majesty in his Privy Council. What AnsAver is to be made to the bold As sertion, that their Determinations are arbitrary, and would be ruinous to the Colony ? THE COLDEN PAPERS. 455 As to the Second of the above Resolves, it may be observed that, by the Constitution of the Government of New York, the Assembly have no judicial Author ity ; and their Determination was made on a partial Representation of one Side of the Question, without desiring to know what might be said on the other Side. The Question of Appealing came Judicially before the Lieutenant-Go-[43]vernor, in a Court which could not be held without his being present. He gave his Opin ion, after mature Deliberation, and submitted it to the King in his Privy Council. This is the utmost the Lieutenant-Governor did to give Success to the Ma chination. He may have erred innocently. He took no irregular Step to inforce his Opinion ; nor is he charged with having done so in any one Instance ; which, without Doubt, would not have been omitted, had he done any thing to give a Colour to such a Charge. What Principles must Men be actuated by, who can calmly make such Accusations ? At a Time when the Spirit of Mobbing was up, and the Lives and Estates of Innocent Men, in several Instances, were most dan gerously exposed to the Fury of the deluded Populace ! - — That the Lieutenant-Governor preserved either his Life or Fortune, so accused, and so pointed out, at such a Time, must be owing to the private Character which he had established in near Fifty Years Residence among the People ! [44] As to the last of these Resolves, it may be true, that an overbearing Faction in the Assembly, and in the Courts of Justice, may have entertained Jeal ousies and Distrust of the Right of Appealmg,_as de structive of their Power. But it is certain, a Distrust of much more Consequence to the Peace and Interest of the Colony prevails among the People, of the Courts of Justice, and a. Jealousy of a powerful Combination in favour of the enormous Claims of the great landed Men ; it may be a Question whether this has not al ready produced much Disturbance and Disquietude in 456 THE COLDEN PAPERS. the Province. Great Numbers of Farmers aud People of Estates and Families, have lately broke out into a riotous and tumultuary Defence of their Property and Possessions, which could not be suppressed without the Assistance of a Military Force. The Power of the Civil Authority alone must have been sufficient, had there not been a general Jealousy of a powerful Com bination in the Courts of Justice, in favour of the ex travagant Claims of the great landed Men. [45] They who know the Members of the Assembly personally, will be ready to excuse the greater Number of them, as being innocently seduced into these Re solves, on Matters which they did not understand, by the plausible Arguments of some of their Members, greatly interested in the Disputes occasioned by the enormous Claims of the great Land Patents. These Resolves greatly affect the King's Authority, and the Rights of his Crown ; for they are only secured by his Courts of Justice. If the Extent of the King's Authority be finally determined by the Courts in the Colonies, it may become precarious. The Interest of the People in Great Britain likewise, must be equally affected by the Colonies assuming the Right of Judg ing of the merits of the Officers of the Crown, and of Punishing and Rewarding. It is said, that the Errors of the Judges may be corrected in the usual Manner by Writ of Error ; but the usual Method in Error is not to the King in his Privy Council ; and our LaAvyers and our Assembly may declare this Method to be il legal, because not conformable to the [46] Practice at Westminster. If there should be a combination among the Officers of the Courts of Justice, to bring every Cause, in which tbe King's Rights are concerned, to a general Verdict, no legal Error can be assigned in the Judgment, however iniquitous the Verdict be. Lastly, it gives a strong Presumption that a powerful and dangerous Faction does subsist, when they en deavour to carry their Point by publick Clamour and virulent Calumny ; the only Means by which a bad THE COLDEN PAPERS. 457 Cause can be carried, and which no honest Man will make use of. 3dly, The only remaining Part of the Lieutenant- Governor Colden's Conduct Avhich has been blamed, is the Deference which he had to an Act of Parliament for imposing a Stamp-Duty in the Colonies. Though . the Faction, in Opposition to the Lieutenant-Governor, made use of the Ferment excited in the Minds of the Populace, by the inflammatory Papers daily published, to turn the Rage of the Mob personally against the Lieutenant-Governor, yet his Conduct on that Occasion had little share in the Besentment of those who excited and conducted the Tumults ; [47] and after he had re tired from the Administration, the People never shewed the least Resentment personally against him. Soon after the Stamp Act had passed, printed Copies of it were brought over to America. The Act was re printed in this Province, and in some other Colonies, and for some Time no Doubt was entertained of its taking Place. The Printers published their Almanacks ( for the ensuing Year some Months earlier than usual, i with a View to sell them before the Time at which the/ Act was to take Place; and in these Almanacks the several Things subjected to a Stamp-Duty were placed | in alphabetical Order, for the Conveniency of the In habitants. Though some inflammatory Papers began \ soon to appear, they seemed for a considerable Time to be little regarded. These Papers alone could not have had the Effect afterwards produced, had not some in high Trust privately promoted the most violent Pro ceedings. The common People had not felt any Un easiness from the Stattip-Duty, and never of themselves could have felt any ; and therefore, unless they had been insti-[48] gated by others, would never have ex pressed any Uneasiness. The Lieutenant-Governor and the Gentlemen of the Council went, as usual, to their Country Houses during the Summer Heats. Mr. M'Evers entered into a Bond, before the Lieutenant-Governor, at his Country House, 458 THE COLDEN PAPERS. in August, for the due Performance of his Office of Distributor of Stamps. People remained quiet until after the Riots at Boston, and the Meeting of the Com mittees of the several Colonies at New York. In the Beginning of September, the Lieutenant-Gov ernor received a Letter from General Gage, Commander in Chief of his Majesty's Army in America, complain ing of the treasonable Papers daily published, filled with Falsehoods, in order to excite the People to re volt ; and that this was done not only with Impunity, but without any Notice taken of the Authors and Printers ; concluding with an Offer of any military Assistance which should be thought necessary. About the same Time the Lieutenant-Governor received a Let ter from Mr. M'Evers, wherein [49] he resigned his Office of Distributor of Stamps, and desired the Lieu tenant-Governor to take Care of the stamped Papers and Parchments, when they arrived ; declaring at the same Time, that his Person and Effects were threatened in such Manner, that he durst not execute his Offi e. The Lieutenant-Governor immediately returned to Town. On his Arrival, he found that two Companies of the Artillery Regiment had arrived from England, and were ordered into the Fort, together with several Pieces of Ordnance, Ammunition, and military Stores necessary for its Defence. This was done Avithout any Direction from the Lieutenant-Governor, and in truth without his Knowledge. The Lieutenant-Governor called the Council, and laid the General's Letter and Mr. M'Evers Resignation be fore them. As most of the Gentlemen of the Council were then in the Country, those present declined to give any Advice, till the others Avere called in. In. a few Days a full Council met. The Magistrates of the City Avere [50] called in to give their Opinion. Both the Council and the Magistrates were of Opinion, that there was not the least Danger of any Riot ; and that the calling in military Assistance would shew unneces sary Diffidence of the People. The Lieutenant-Gover THE COLDEN PAPERS. 459 nor submitted to this Advice, though he could not free himself from some Doubts. He then was and still is of Opinion, that had the Gentlemen of the Council, the Judges, and the Magistrates, heartily joined their Endeavours to prevent any Riot or Mob, none had happened in the City of New York. It having been openly and repeatedly declared, that the Mob Avas resolved to destroy the stamped Papers and Parchments, and that they would put this Design in Execution before the Ship came near the Town ; the Lieutenant-Governor desired the Captains of his Ma jesty's Ships, then in the Harbour, to take the proper Methods to guard against such Design. The Captains immediately complied ; and when the Ship arrived with the stamped Paper on board, she was brought to an Anchor under the [51] Command of the Frigates and the Guns of the Fort. But the Packages of Stamps were so intermixed with the other Goods, that it was impossible to get them out of the Ship, without unload ing a great Part of the Cargo : the Lieutenant-Gover nor therefore told the Master and Owmer of the Ship, that they might carry her to the Wharf, and that he would direct the Mayoi of the City to protect her, un til the stamped Papers were landed. On which both of them remonstrated, that thereby the Ship, and all the Goods on board, would be in imminent Danger of being destroyed ; and therefore, in Behalf of themselves and all the Freighters, requested that he would desire the 'Frigates to assist in removing the Goods, until the stamped Papers could be taken out. This was accord- • ingly done, and the Packages of Stamps were brought on Shore at Noonday, and carried into the Fort, with out any Guard, and without the least Molestation from any Person in the Town. The Demagogues were not ap prised of this, and the People of themselves were quiet. [52] Between this, and the First of November, the Lieutenant-Governor frequently passed through the Streets in his usual Manner, without the least Appear ance of Disrespect or Insult offered to him. 460 THE COLDEN PAPERS. Certain Advice had been receiAred that Sir Henry Moore, the new Governor, had sailed from England, and his Arrival was every Hour expected. The Lieu tenant-Governor thought it would not be necessary for him to take the Oath enjoined on all Governors by the Act of Parliament to be taken on or before the last Day of October. But the new Governor not arriving on that Day, the Lieutenant-Governor in Council took the Oath as required by the Act of Parliament. It is true one of the Judges gave his Opinion, that as the Act of Parliament had not been transmitted, as usual in such Cases, to the Governor, by any of his Majesty's Ministers, and as he had received no Directions relative to the Execution of that Act, he was under no Obliga tion to take the Oath : But as that Act was notoriously known and published in the Province, the Lieutenant- Governor could not pretend Ig-[53] norance of it ; and he was of Opinion, that every Man is obliged to yield Obedience to a public Law ; and so thought every Governor on the Continent ; they Avere all in the same Situation, and all took the Oath before the First of November. Soon after the Lieutenant-Governor had taken the Oath, the first personal Disrespect to him appeared. Placarts were fixed up in the Merchants Coffee House, and at the Corners of the Streets, upbraiding the Lieu tenant-Governor for having, as it was styled, bound himself by an Oath to be the chief Murderer of the Rights and Privileges of the People; to be an Enemy to his King, his Country, and Mankind ; and threat ning to bring his grey Hairs to the most ignominious Death, in case he attempted to put that Law in Exe cution : In consequence of which, that egregious Insult on the Person of the Lieutenant-Governor, and on the Government, happened in the Evening of the First of November : An Account of which was published in all the News-Papers in America, and from thence in the News-Papers in Great Britain. [54] The Fort, at the Time of this Insult, was far THE COLDEN PAPERS. 461 from being in a proper State of Defence. For many Years preceding, it had only been regarded as the Place of the Governor's Residence, and every Thing about it had been ordered for the Pleasui e and Conveniency of his Family. No Parapet or Breast-works on the Ram- parts ; the Men on them all exposed ; the Range of the Flanking Guns every where obstructed by Buildings without the Walls, and other Conveniencies for the Governor's Use. As the Gentlemen of the Council, and the Magistrates of the City, had assured the Lieu tenant-Governor that there was no Danger of Riots or Mobs, and thought it imprudent to shew any Diffidence of the People, he suffered the Fort to remain in that State : But notwithstanding this, the Lieutenant-Gov ernor had Force sufficient to have dispersed that most insolent Mob. The only Security they had, was from his Prudence and Humanity. One Discharge of the Artillery and Musketry in the Fort, must have de stroyed many Hundreds of them; and the breaking open his Coach-House and Stables might have Justified the Use of Force : But in such Case many more inno [55] cent People must have suffered, than the whole Number of the Guilty. Possibly a Sergeants Com mand (as it was thought) might have saved the Gov ernor's Chariot ; but perhaps with Bloodshed, as many of the Mob were drunk ; arid when once Blood is shed no Man can tell where it will end. Next Day the Mob continued to patrole the Streets ; and encouraged by their late Success, they boldly threatened to put every Person in the Fort to Death, and at any Risque to destroy the Stamped Papers lodged theie. The Engineers of the Army were then ordered to put the Fort in the best Posture of Defence they could. It was now apparent that the Mob had not been raised only to make a Shew of their Resent ment against the Stamp Act. They had sufficiently deterred every Man from attempting to execute any Office under that Act. The Lieutenant-Governor, though determined to preserve the Stamped Papers 462 THE COLDEN PAPERS. from Destruction, could not oblige any Person to make use of One of them: Nor did he on any Occasion dis cover an Inclination to compel an Obedience to the Act by Force. He [56] thought it necessary that the Officers of Government should exert all their Power and Influence, and that the Appearance of a Military Force should assist to preserve the Peace and Decorum of Government, and to prevent such scandalous and de structive Riots, as had happened in the Neighbour hood. — He thought he would be inexcusable to suffer the Stamps to have been destroyed, while every Thing in his Power had not been done to preserve and protect them. Works for Defence, and strengthening the Fort, were immediately set about. While these were carrying on, several Gentlemen of the Town came into the Fort, and earnestly pressed the Lieutenant-Governor to declare that he would not distribute the Stamps, but leave that Matter as it stood, till the new Governor arrived ; assuring him, that this Declaration would restore Peace and Quietness to the City. This was designed only as a new Insult ; for these Gentlemen knew, as every Man in the Town did, that it Avas not in the Lieutenant- Governor's Power to distribute one Stamp. No Man would ac-[ 57] cept the Office of Distributor of Stamps, and no Man would receive a Stamped Paper. The Lieutenant-Governor perceived the View of this De mand ; he must either, by refusing it, draw the Avhole Rage of the Mob personally upon himself ; or, by com plying, disregard, in Appearance at least, the Oath he had taken. He was sensible his Oath did not require Impossibilities of him, aud therefore late in the After noon he called the Council. They unanimously advised him to make the Declaration required, as the new Gov ernor was every Hour expected ; which accordingly he did in Council. The Declaration being expressly founded on Sir Henry Moore's speedy Arrival, had any Accident prevented him, no Man could think the Lieutenant Governor longer bound by it. — It Avas then THE COLDEN PAPERS. 463 ' beginning to grow dark, and the Streets were full of the Mob ; the Gentlemen of the Council went out to them, informed them of the Lieutenant Governor's Declaration, on AAdiich they immediately dispersed. After this the Town remained quiet for Two Days, and would have continued so, [58] had not the Direc tors of the Mob entertained Hopes, from the Conces sions already made, to reduce the Lieutenant-Governor to the lowest Abjectness. The Mob were set upon a new Demand, that the Stamped Papers should be sent on board One of the King's Ships. As no Reason could be given for this Measure, but that the Mob would have it so, and several very strong Reasons appeared against it. The Lieutenant-Governor was not of Opinion that Captain Kennedy should be desired to take the Stamps on Board ; but the Gentle men of the Council thinking otherwise, he wrote to Captain Kennedy, informing him of their Desire, with out joining in it. Captain Kennedy urged that the Stamped Papers were more safe in the Fort, than they could be on board any of the Frigates ; — that the Season of the Year would very soon oblige the Ships to haul to the Wharfs, and that then both the Papers and the Ships might be exposed to the Mob ; and therefore he thought it unadvisable to put them on board. [59] As the Cannon on the Batteries might be turned against the Fort, they were at this Time ordered to be spiked, as was likewise all the Artillery belonging to the Army which had not been brought into the Fort. That this Avas not an unnecessary Precaution, will ap pear from the Declaration which the Council made, that the City was in the utmost Confusion and An archy ; — thai the Magistrates had no Power over the pe0ple . — and that they feared an Attempt on the Fort would be actually made. Every thing was prepared in the Fort for a Defence, Numbers of the Gentlemen of the Town came in at several Times to propose some Method of Accommoda tion : They had full Opportunity of discovering the old 464 THE COLDEN PAPERS. Man's Disposition of Mind : Fear was very evident in the Countenances of those, who the Day before expected to frighten the Lieutenant-Governor into the most ab ject Compliances. Nothing now remained, but to save their Credit in some Manner with the Mob, and to ap pease their Fury ; which many of the principal Gentle men then declared they feared would [60] end in a gen eral Pillaging of the Town : For this Purpose the Cor poration in a Body attended the Lieutenant-GoA'ernor, and prayed that he would deliver the Packages of Stamped Papers to them, and they would ansvper for their Safety. He would gladly have done this when the Ship arrived with them : but he would then have been thought mad to propose it. He being still ex tremely desirous to deliver up the Administration in Peace to his Successor, answered, that he would advise with the Council on this Proposal. The Council being immediately called, the Lieutenant- Governor informed them of the Proposal made by the Corporation ; at the same Time observing to them, that the Effect of yielding to unreasonable Demands, was only to draw on still more Insults ; and that he could not conceive where these would end. He pressed in the most urgent Manner, that the Gentlemen of the Town should unite with the Magistrates ; being fully persuaded, that if they would act with Spirit, they could immediately suppress the Mob, and restore the Honour and Peace of [61] the City. He urged the same to every Citizen who came in to him ; and offered, if they would associate, to appoint such Officers to command them as they thought fit. The Gentlemen of the Coun cil, however, unanimously advised him to comply with the Desire of the Corporation : He thought it neces sary, for his farther Justification, to ask the Advice of the General of his Majesty's Forces, by a Letter to him. The General in his Answer concurred Avith the Advice of the Council. The Packages of Stamps were deliv ered to the Corporation, ou their obliging themselves in Writing to make good all that should be destroyed, THE COLDEN PAPERS. 465 lost, or sent out of the Province, at the Value they couid have produced by the Distribution of them. The Lieutenant-Governor had informed the Secretary of State, that he had it much at Heart to deliver up the Government to his Successor in Peace and Quietness. In no one Instance did he compel an Obedience to the Act of Parliament ; he only defended himself against a Force employed to make [62] him disobey a Law which he thought obligatory. The Packages were deliA^ered to the Corporation on the Fifth of November ; after which all Threatening ceased, and the City remained quiet until Sir Henry Moore arrived on the 13th. The Lieutenant-Governor immediately removed from the Fort to his Grandson's House in the Town, where he stayed some Days, and walked the Streets several Times, without having the least Disrespect shewn to him by any Person : After wards he retired, to his Country House, about Fifteen Miles from the ToAvn, where he has remained without the least Disturbance in any Shape. That a dangerous Faction does now actually subsist in New York, is evident from what precedes ; but is more strikingly so by the Calumnies which have been wickedly insinuated in a Weekly-Paper, in such manner as deprives an honest Man of every proper Method of Defence. These Papers clearly shew how willing the Authors are to expose every Slip or Fault in the Lieu tenant-^] Governor's Conduct; and when they have not been able to shew any, except as abovementioned relating to the Judges Commissions, Appeals to the King, and his Deference to an Act of Parliament, it may have some Weight in Favour of the Lieutenant- Governor with candid Enquirers. Among other Falshoods industriously propagated to prejudice the Lieutenant-Governor, his Enemies have reported that he made a large Sum of Money while he had the Administration ; and that he took himself, or gave to his Family, such a Quantity of Land, as must in Time become a very great Estate: In Answer to 30 466 THE COLDEN PAPERS. which it is asserted, that he did not receive a single Shilling, but from the public Offices where the Gover nor's Fees are. usually paid ; — that the same Fees, and no greater, were taken during his Administration than had been paid for Forty Years before : That neither he, nor any One of his Family, received a Reward of any Kind, directly, or indirectly, for any Favour or Service, except the Fees abovementioned ; — that he did not take to himself, by any Way, a single Acre of Land [64] while he had the Government ; and that what he gave to all his Family together, is so very trifling as not to be worth mentioning. In truth, he may much rather be blamed for having entirely neglected any Advantage of this kind for himself or his Family. Gentlemen, who were Governors in Chief immediately before Mr. Golden, know they could not support the Dignity of a Governor in a tolerable Manner, upon the whole Salary and Per quisites of the Government. Is it possible he could save a large Sum out of the Half of them ? He paid one half of all he received to the Governor in Chief, during the greatest Part of his Administration; and had it not been for the Advantages he received from the Fees for the Grants of Land, the Half-Salary, and other Perquisites, would have fallen far short of his Expences. The most malicious Caviller is challenged upon the Truth of these Assertions. The Loss which the Lieutenant-Governor sustained on the First of November 1765, is notoriously known. The usual Support of Government ceased the First of Sep tember [65] preceding, and thereby the Lieutenant- Governor had no Salary from that Time to the 13th of November, the Day Sir Henry Moore arrived. In that Time the unavoidable Expence attending the Adminis tration was much greater than at other Times it could be. The Salary in that Time, Avith the Loss the Lieu tenant-Governor sustained, amounted to, Five Hundred and Ninety-Five Pounds, Three Shillings. The Assembly of New York met in June last. Sir Henry Moore, in his Speech to them, by his Majesty's- THE COLDEN PAPERS. , 467 Command recommended to them to make good the Losses any Person had sustained by his Deference to the Act of Parliament imposing a Stamp Duty in the Colonies, pursuant to a Resolution of the House of Commons of Great Britain. The Lieutenant-Governor sent, in a Letter to the Speaker of the Assembly, a par ticular Account of his Losses, certified as usually done in like Cases : It was received by the House, as ap pears on their Minutes, but was not in any manner pro ceeded on, and thrown aside. \_66~] No-where in the -Colonies were the Insults on Government so daring as at New York. — No Command er in Chief, besides Mr. Golden, suffered any personal Loss. He can challenge any Man to shew any Provo cation, or any Reason why he has been treated with such Indignity, besides what is before mentioned. If he suffer without any Recompence, his Majesty's Ser vants in America may for the future be deterred from their Duty, and from giving proper and necessary In formation to his Majesty's Ministers. The Facts herein set forth are averred to be strictly true ; and may, the most Part of them, appear from Papers in the Secretary of State's Office, and the Plan tation Office. — The reasoning Part is submitted to the Reader's Judgment; in which an honest Man may in nocently err, without giving just Cause of Offence. FINIS CORRECTIONS, Ere. PAGE. 166. Letter of April 2-5, 1768, was to the Earl of Hillsborough. 169. Blank should read, £595, 3, 0. 170. Blank should read, "enclosed Narrative." 173. Letter of June 16, 1768, to the Earl of Hillsborough. 219. Letter of May 16, 1770, to the Earl of Hillsborough. 221. Letter of July 7, 1770, to the Earl of Hillsborough. 339. For Keene read Skene. INDEX INDEX Abbot, John James, petitions for land, ii. 331. Abeel, James, to apply for a land pat ent, ii. 348. Acadians in N. Y. city to be paroled, i. 229 ; removed to Martinique,. 333, 334,337; expelled from Nova Scotia, 334. Adams, John, arrival at N. Y. , ii. 414. Africa, brig Hope, of N. Y. , brings a, cargo of slaves from, i. 371; sloop Dove captured on the coast, 474. Albany, clothing to be sent to, i. 42 ; difficulty in quartering troops, 44- 47 ; westward trade, 67 ; death of the sheriff, Jacob Van Schaick, 86 ; members of assembly recommend G. Merselius as his successor, 86, 87 ; enlisted men ordered to, 91, 92, 94, 97, 127 ; H. Schuyler appointed sheriff, 92, 96 ; capt. Farel a can didate, 94 ; men to be enlisted at, 121 ; the market, 196 ; carpenters, horBes, and wagons impressed, 203 ; the sheriff to confine a murderer, 207; bounty paid, 211; militia to be made more useful, 221 ; con gress meet in 1754, 233 ; communi cation with Oswego to be kept open, 255, 260, 266, 275, 308 ; sheriff to report the N. H. settlers, 295 ; post to Quebec established, 296 ; col. Bradstreet organizes his expedition at, 319, 328 ; sheriff arrests N. H. grantees, 358, 364, 365 ; clandes tine trade with Canada, 384 ; land purchase from the Mohawks, who burn the deed, 393 ; death of Marsh, the city clerk, 444, 462 ; Stephen de Lancey to fill the vacancy, 445, 462, 463, ii. 5 ; made a port of entry, ii. 22 ; stamp .actjciotg, 99 ; the In dian trade, 184 ; settlers join N. H., 196 ; loan officers appointed, 201 ; representation of, in the assembly, 394; mentioned, i. 285, 286, 291, 295, 300, 400, 420 ; ii. 6, 10, 404, 409. Alexander, William. See Stirling. Allen, Mary, «, woman of the town, murdered, i. 43. Alsop, John, delegate to the congress at Phil., ii. 346, 348, 352, 360. American Chronicle, a newspaper op posed to Colden, printed by Samuel Farley in N. Y, i. 188-191, 213. _ American Colonies, illicit trade carried on in the, i. 20, 26, 27, 28, 30, 36, 230, 259 ; a stamp duty proposed, 405 ; scarcity of wool, 77 ; severe winters, 78 ; trade with Great Bri tain, 312 ; to be dependent or inde pendent of Great Britain, ii. 67 ; trade with the French colonies, 77 ; threaten independence, 77 ; an in ternal tax suggested for, 72 ; none of the colonies have given any sup port or gratuity to the officers who served in their troops after the ser vice expired, 107 ; London mer chants request submission to parlia ment, 111 ; the principle of the supreme power of the people indus triously circulated, 126 ; no punish ment for disobedience to an act of Parliament, 136 ; for independency, 136 ; authority of the parliament denied, 140 ; opposition of, 182 ; uprising of the people against taxa tion, 350; Galloway's plan for the government of, 374 ; their union against Great Britain, 401. See North America. Amherst, Sir Jeffrey, commander-in- chief of the army in America, in formed of the death of gov. de Lancey, i. 1 ; at Oswego, 4 ; his re sidence in Fort George, 7 ; petitions for land, 14, 66, 262, 263 ; reduces Fort Levis, 18 ; conquest of Canada, 472 INDEX. 21, 25, 178 ; col. de Lancey offers the use of his house to, 22 ; it is de clined, 32 ; sends despatches to the government, 33 ; orders troops to Long Island, 40 ; informed of affairs in S. C, 40; arrival of reinforce ments from England, 41 ; at Albany, 41, 98, 108, 249, 250; arrives at N. Y., 43 ; forwards troops to S. C, 43 ; unjust billeting of his troops in Albany, 44-47 ; plans the next cam paign, 55 ; in possession of Fort Louis, 64 ; makes a requisition for men on N. Y. and difficulty of their enlistment, 69, 73, 104, 106, 112, 115, 116, 118, 121, 124, 173, 208, 209, 211, 255, 256, 259, 266 ; re commends H. Schuyler for sheriff of Albany, 86, 87, 96 ; escape of a French spy, 108; expedition to Martinico, 116, 118 ; to liberate In dian captives, 141, 143 ; his infor mation in regard to colonial affairs, 181, 182, 190, 261 ; ii. 66 ; requisi tion for provisions, i 193 ; orders the arrest of French residents of N. Y. , 19(5, 200; resides in N. Y., 205, 206 ; his regard for major Skene, 226 ; defeats the Indians, 226 ; orders the confinement of Indians in N. Y., 227; returns to England, Nov. 17, 1763, 261; proposed a separate government at Crown Point, 263 ; in London, 266 ; differs with gen. Johnson on Indian affairs, 278 ; he was not expected home, 296 ; his absence, prevents the New England quota of troops, 310 ; re ceived graciously by the king, 319 ; resigns his commission, 440 ; his plans to reduce the Indians success ful, 440 ; informed of the stamp act troubles in N. Y., ii. 44, 89, 124 ; Colden requests his influence at court, 111, 117-19, 124, 153; Arthur Mairs his private secretary, 237; mentioned, i. 49, 116, 118, 119, 129 ; ii. 51, 63, 437. Amiable Susette, a French ship, capt. Thomas Lasalle, puts into N. Y. in distress, ii. 186. Anderson, John, sentenced to be exe cuted for burglary, i. 165, 166. Anderson, John, owner of the Cap tain's islands in L. I. Sound, i. 466. Annapolis, resolutions passed to stop trade with Great Britain, ii. 345. Antill, John, son-in-law to Alexander Colden, applies for the office of post master at N. Y., ii. 353; also for that of surveyor-general of lands, 375, 377. Appy, Major John, judge advocate and secretary to gen. Amherst, his office in Fort George, i. 7. Apthorp, Charles Ward, certificate on his mandamus as a member of the council, i. 267 ; applied to for the governor's share of customs seizures, 316; refused a seat in the council, 326, 328 ; has not presented his mandamus, 364 ;r admitted to the council, 379. Ashley, Samuel, lands granted to, xi. 348. Asia, H. M. ship, ordered to N. Y., ii. 41 1; 423 ; her arrival, 413, 423 ; troops to embark on, 413, 415, 417, 41-8, 424, 426, 427 ; James Rivington takes refuge on board, 422. Atta Kulla-Kulla, or Little Carpenter, a Cherokee chief, i. 40. Avery. Humphrey, land granted to, ii. 348. Axtell, William, a member of the council, ii. 379. Bache, Theophilact, » bondsman for Waddel Cunningham, i. 416. Bahama Islands, gov. Shirley to pro claim Geo. III. in, i. 59, 62. Baker, Capt., of the London packet, i. 99. Baker. Sir William, agent for New York, i. 281. Balfour, Major Henry, petitions for land, ii. 330. Bancker, Gerrard. provincial barrack master, ordered to furnish blankets to the 18th regt., ii. 418. Banyar, Goldsbrow, deputy secretary of the colony of N. Y., opinion of, as to sales of land, i. 87 ; a friend of gen. Johnson. 96; clerk of the council, 198, 334 ; register in chan cery, 390 ; secretary's fees, 390 ; sued by John Morin Scott, 433 ; prepares an abstract of land grants from 1664 to 1760, ii. 1 ; to prepare a patent of land for lieut. McDon ald, 25 ; of assistance to Colden in the stamp troubles, 67, 82 ; copies the council minutes, 84 ; re-appoint ed prerogative register, 186 ; an efficient officer and friend of the government, 229 ; to pay part of Tryon's salary to Colden, 332 ; re moved from office, 335 ; recommend- INDEX. 473 ed for a seat in the council, 352 ; mentioned, i. 131, 228, 229, 248, 295, 325, 354, 367, 373 ; ii. 127, 225. Barclay, Rev. Henry, his land near the Mohawk castle, i. 97, 131, 142. Bard, Samuel, M.D., at the University of Edinburgh, i, 465. Bartow, John, clerk of Westchester Co., to report his fees, i. 390. Baskett, John, his edition of the laws of N. Y. incorrect, i. 63. Bayard, Samuel, Jr. , deputy secretary of N. Y., reinstated as register to the ordinary and prerogative court, ii. 349, 352. Bayard, William, manager for N. Y. in the settlement of the boundary line with New Jersey, ii. 190. Bedlow's Island, quarantine at, i. 210. Belair, Nadeau de, asks permission to carry a number of Accadians to Martinique, i. 333, 334, 337. Bell, Mr., to go to N. C, i. 101 Belleisle, capture of the Citadel le Palais by gen. Hodgson and com modore Keppel, June 7, 1761, i. 99, 102. Belle Savage, commanded by capt. Lewis, bound for Bristol, i. 155, 164. Bennington rioters build block houses on Otter creek and Onion river, ii. 361 ; punish Rev. Benj. Hough, 396 ; will probably join those from Mass., 398 ; seize Ticonderoga and Crown Point, 412, 415, 422 ; joined by a, party from Hartford, 415 ; capture a vessel at St. John's, 41 5. Benzel, Adolphus, lieut. of engineers, granted land at Crown Point, ii. 360. Bergen, John, to apply for a land pa tent, ii. 348. Bermudas, vessels captured near, i. 99. Bernard, Francis, governor of Mass., informed of the death of governor de Lancey, i. 3 ; to arrest sailors of the Sampson, 12 ; reports the enemy off Cape Henry, 20 ; proclaims Geo , III. ; 55, 57, dispatches forwarded to, 57 ; communicates information of a murder at Kinderhook, 207; furnished with a copy of the N. Y. boundary bill, 394 ; mentioned, 460 ; capture of the sloop Dove, 474 ; jurisdiction of Mass., ii. 26. Berton, Peter, captain of the ship York, i. 272. Beulah, ship, commanded by capt. McBussel, reported to have prohib ited goods on board, ii. 385 ; at the watering place, S. I. , 387 ; to sail for Halifax, 389. Bevis, Dr., of Edinburgh, mentioned, i. 167. Billopp, Christopher, supports the government in the assembly ii. 391. Bishop of Osnabrigs, ship, sails for London, ii. 151. Blair, Dr. , surgeon of the ship of war Coventry, ii. 47. Blair, John. See Higgins. Bland, Richard, a commissioner from Virginia for regulating the Indian trade, ii. 225; arrives at N. Y., 225. Block Island, mentioned, i. 375. Bloomer, Joshua, minister of Grace church, Jamaica, L. I., sues for his salary, ii. 337. Blundel, Christopher, storekeeper in Fort George, loses his salary, i. 224, 247 ; appointed land waiter, 402. Boerum, Simon, clerk of Kings Co., report of fees, i. 390. Bogard, John, Jr., one of the owners of the sloop Dove, i. 331, 335, 338. Bolderson, John, captain of the Earl of Halifax packet ship, i. Ill, 367, 368 ; ii. 185. Bonell, John Dod, captain of the Har riot packet ship, i. 39, 64, 86. Boone, Thomas, governor of New Jersey, informed of the death of gov. de Lancey, i. 2 ; to arrest sail ors of the Sampson, 11 ; to proclaim Geo. III., 57. Boston, relief for the sufferers of the fire in, i. 19; select men not known in N. Y., 20; court of admiralty in, 282, 298; postal arrangement with Halifax, 361, 365, 371 ; Indian trade, 384 ; stamp act riot, ii. 27, 34; 458 merchants request N. Y. to enter a new non-importa tion agreement, 193 ; the massacre mentioned, 217 ; in favor of non importation, 220 ; a Boston impor ter mobbed in N. Y., 220; mer chants asked to agree to a general importation, 223, 224, £28 ; port closed by parliament. 339 ; request the Colonies to cease trade with Great Britain, 340, 341 ; commu nication from N. Y. committee, 343; resolution passed at Anna- p lis on the port bill, 345 ; attempt 474 INDEX. to prevent supplies leaving N. Y. for the army at, 367 ; stores and arti ficers sent from N. Y., 370; gen. Haldiman with the troops, 370 ; the port bill forms part of the griev ances of N. Y. , 386, 388 ; army sup plies detained at N. Y. , 401 ; the battle at Lexington, 402, 404 ; ves sels prohibited from clearing for, at N. Y. , 402 ;' the N. Y. post ser vice, 403, 404, 412; troops from the camp at, join Arnold, 415 ; com munication of the British by water with N. Y., 417. Bouquet, Col. Henry, mentioned, i. 312 ; success of his expedition against the Indians, 420, 440 ; per formed everything expected of him, 461. Boyd, John, captain of H. M. ship Penzance, i. 98. Braddock, Gen. Edward, his defeat by the Indians mentioned, i. 181. Bradley, Augustus, charged with for gery, i. 49. Bradstreet, Col. John, mentioned, i. 125, 127 ; prepares an expedition against Detroit, 319, 328, 356; Gage and Johnson displeased with, 440 ; recruits the N. Y. battalion, ii. 46. Brewerton, Col. George, forwards re cruits to Albany, i., 91, 92, 94. Bridge, John, gives information of a riot, ii. 53. Bristol, England, trade with, i. 52. Bristol, Lord, mentioned, i. 339. Broadhelp, Benjamin, captain of the ship Polly, smuggles gunpowder, ii. 372. . Brooklyn, the council meet at the ferry house, ii., 187. . Brown, Capt. , arrested for trespass at Schenectady, i. 6, 7, 8. . Brown, John, captain of H. M. sloop Hawke, arrives at N. Y., i. 251. iBrush, Crean, threatened with death if he returns home, ii. 410 ; men tioned, 411. / Bull, Capt. , son of Tediyscung, kindly treated at Phil., i. 314; captured by Johnson and confined in the jail at N. Y., 315, 319, 358. ¦ Bull, William, lieut. gov. of S. C, informed of the death of gov. de Lancey, i. 3.; describes col. Byrd's . expedition -against the Cherokees, ¦ 40 ; Amherst to send him troops, 43 ; proclaims Geo. III. , 57 ; con gratulated on the viotory of the King of Prussia, 57 ; despatches for his government, 57, 59, 62, 71 ; correspondence with Amherst, 100. Burke, Edmund, candidate for agent of the colony of N. Y., i. 80, 81, 85 ; not known in N. Y., 81, 107 ; agent for the assembly, ii. 342. Burnet, William, governor of N. Y., his instructions, i. 133, 136, 203 ; settles Indian claim, 247 ; character as chancellor, 341 ; grants a salary to the surveyor-general of lands, 388. Burton, Col. Robert, mentioned, i. 360. Bush, Justus, mentioned, i. 466. Bush, William, mentioned, i. 466. Byrd, Col. William, treats with the Cherokee Indians, i. 40. Byrn, Capt. Barnaby, enlists five thieves, i. 202. Campbell, Allen, Jr., land granted to, i. 346. Campbell, Lieut. Donald, grant of lands to, i. 346. Campbell, George, land granted to, i. 346. Campbell, James, land granted to, i. 346. Campbell, John, capt. of the 42d regiment, petitions for the Claver- ack lands, i. 377 ; ii. 11. Campbell, Capt. Lauchlin, charged with deluding the Scotch settlers, i. 336. Campbell, William, commander of H. M. ship Nightingale, i. 19, 21. Canada, military operations in, i. 4, 18, 21, 25 ; supplies needed for the army, 22 ; the conquest of, by the British, 42, 178, 181 ; ii. 10 ; Indians desert to, i. 95 ; regular troops with drawn, 104, 106, 112, 116 ; French residents incite the Indians to war, 269, 273 ; ceded to Great Britain, 263, 273 ; possessions of the Jesuits in, 307 ; mentioned, 333 ; route from N. Y. to, 367 ; clandestine trade with Albany, 384 ; requested to join in a general plan for Indian trade, ii. 206, 210; its failure, 222, 225; land grants in, 337. Canada Creek, all the lands near, pat ented, ii. 9. Canajoharie, the Indians at (a tribe of the Mohawks), allowed to build a church at, i. 97 ; defrauded of lands, 143 ; to have justice, 221 ; complain INDEX. 475 of the settlers, 357 ; adopt Cadwal lader Colden, 473 ; lands presented to gen. Johnson, ii. 7, 9, 10, 12, 17, 19, 21. Canestio, Indians defeated at, i. 311, 314. Cape Cod, mentioned, i. 239, 293. Cape Francois, French neutrals to be removed to, i. 333, 334. Cape Henlopen, mentioned, i. 375. Captain's islands, in L. I. Sound, suit for trespass on, i. 466. Carey, Hon. Lucius Ferdinand, major of the 60th regt., witness to the de livery of the stamped papers, ii. 57 ; applies for an office, 92. Carleton, Sir Guy, governor of the province of Quebec, requested to join in regulating the Indian trade, ii. 206, 210, 214, 218, 222, 225 ; de spatches forwarded to, 392, 407 ; receives his commission and instruc tions, 403 ; ordered to send troops to quell the N. H. grant riots, 403 ; at Montreal, 407 ; his operations in Canada, 422. Carlisle, William, captain of the sloop Dove, accused of transporting sup plies to the enemy, i. 194. Carolana, on the coast of Ga. , and the Carolinas released to the crown, ii. 227. Chaleur, ship, mentioned, ii. 14. Chambers, James, captain of the ship London, brings tea to N. Y. , ii. 334, 336 ; it is destroyed by the people, 334, 359; duplicity of, 335, 336; returns to England with capt. Lock yer, 336. Chambers, John, second judge of the supreme court, asks to be appoint ed chief justice, i. 13, 15, 22, 23, 35 ; brother to admiral Chambers, 15 ; declines to serve, 171, 174, 175, 183, 189, 190 ; death of, 321, 391 ; not qualified for the office of chief jus tice, ii. 434. Charles I., grants a charter to Conn., i. 301. Charles II. , grant of land to his brother James, Duke of York, i. 238, 285, 286, 289, 290, 293, 302, 467 ; appoints commissioners to set tle the boundary of N. Y, 239 ; grant of land to William Penn, 243. Charles, Robert, agent for the province of N. Y. in England, his services un satisfactory, i. 38 ; to be removed, 107 ; has no authority, 280, 281 ; furnished with facts relating to the N. Y. boundary, 298, 299, 460; transmits the act for laying duties on the colonies, 330 ; his instruc tions, ii. 177. Charleston, mentioned, i. 62. Charlotte, the Princess, demanded in marriage by George III., i. 115. Charlotte County, riots by the N. H. settlers in, ii. 357, 362 ; mentioned, 411. Chartrier, Michel. See Lotbiniere. Chenussios Indians, to be subdued, i. 278 ; ' delegation visit Sir William Johnson, 284, 306 ; a proud people, 306 ; the largest tribes of the Sene cas, guilty of the greatest cruelties, 307, 315 ; to surrender all claims to the country between lakes Ontario and Erie, 315 ; mentioned, 316 ; a party with Gen. Johnson, 319 ; ap prehensive of an attack by the Eng lish, 328 ; ought to be punished for their cruelties, 356. Cherokee Indians, col. Byrd's expedi tion against, i. 40; defeated by lt.- col. Grant, 100. Cherry Valley, enlistment of men for the defence of, i. 256, 268. Church of England, gen. Johnson sug gests a bishopric in Canada, i. 307 ; the members of friendly to the gov ernment, ii. 211 ; bills passed by the assembly injurious to the clergy of, 211, 213 ; the dissenters from con trol all the seminaries of learning in New England, N. J. , and other colo nies, 355 ; King's College in N. Y. the sole representative, 355. Clarke, George, lieut. -gov. of N. Y., mentioned, ii. 311. Clarke, George, secretary of the prov ince and member of the council, has not been in N. Y. for 20 years, i. 391. Clarke, George, Jr. , clerk of the coun cil, i. 343 ; his salary not adequate, 389 ; mentioned, ii. 188. Clarke, , Capt. of 77th regiment, goes to London, i. 266, 284. Claverack, Van Rensselaer's purchase of land at, i. 377; ii. 7, 10, 11. Clinton, George, governor of N. Y., appoints John Chambers to the su preme court, i. 22, 24 ; and James de Lancey to be chief justice, 23, 469 ; removes justice Horsmanden, 23 ; ii. 64 ; appoints the judges dur ing good behavior, i. 104, 105 ; ii. 71 ; 476 INDEX. his corrbspondence in regard to the boundary of N. Y., i. 242, 285-287 ; mentioned, 468, ii. 311. Clinton, George, clerk of Ulster Co. , report of fees, i. 390; a leader of the opposition in the assembly, ii. 391. Clinton, James, offered a company of Ulster Co. militia, i. 253. Clock. See Klock. Coffin, Nathaniel, deputy cashier and receiver-general o'f customs at Bos ton, authorized to pay Colden half of Gov. Tryon's fees of office, ii. 331, 333. Colden, Alexander, eldest son of gov. Colden, candidate for a seat in the council, i. 6, 10 ; has money in the hands of Mr. Collinson, 30; Lord Halifax states why he was not ap pointed, 56 ; surveyor-general of lands, 226, 405 ; again recommend ed for the council, 321, 391 ; to aid gen. Johnson in obtaining land, 324 ; postmaster at N. Y., charged with delaying the mails, 361; 365 ; sur veyor's fees, 390 ; furnishes infor mation to W. O'Brien, 399 ; agent for the packet boats, 405 ; to make a map of post routes, 405 ; his me morial on land grants and map of Minisink and Evans's patents, 477 ; to care for the returned Mohawks, ii. 4 ; to BUrvey gen. Johnson's land, 4, 10, 18, 19 ; aids O'Brien to locate lands for earl of Ilchester, 7, 8, 9, 18, 19 ; testimony as to the distribu tion of the Constitutional Courant, 45 ; compelled to seek refuge in the fort and his family on the Coventry, 98 ; examined by the assembly as to his father's conduct, 140, 143, 154, 158, 162, 173 ; too ill to perform the duties of surveyor, his brother David is appointed deputy, 348 ; his ap parent recovery, 353, 361 ; his son- in-law Antill visits England to secure the position of postmaster or sur veyor-general, 353, 875 ; at Flushing, 361; his death, 376; his brother David appointed surveyor-general, 376 ; mentioned, i. 125, 127; ii. 120, 127. Colden, Alice, wife of gov. Colden, in ill health, i. 7; her death, 184, 198. Colden, Alice, daughter of gov. Col den and wife of col. William Willett, her illness and death, i. 184, J.97, 198. Cdlden, Ann, wife of David, men tioned, ii. 338, 343. Colden Cadwallader, president of the King's council, assumes the gov ernment on the death of de Lan cey, i. 1, 2, 3, 5, 6, 12, 17, , 26, 29 ; age and services, 1, 3, 5, 17, 29 ; circular to the colonial gov ernors, his residence at Colden- ham, 1, 7, 12, 29; desires his com mission as lt. gov. to pass, 29 ; removes his family to govs, house in Fort George, 7 ; purchase of In dian lands, 9 ; salary not sufficient, 10 ; proclamation to apprehend the mutineers of the Sampson, 11 ; forty years surveyor-general, 14; refuses to receive petitions for lands, 15 ; offers the governor's house in Fort George to gen. Amherst as a, resi dence, 22; speech to the assembly Oct. 21, 1760, 26 ; renews his inter course with Sir William Johnson, 31 ; adjourns the assembly, 32 ; salary of, 33, 34, 37 ; residence in the fort, 32 ; serves the crown to the prejudice of his private fortune, 33-; asks for commission of It. gov., 32, 34, 37; requested-to appoint a chief justice for N. Y. during good behavior, 35, 36; known to the earl of Halifax, 36 ; offers N. Y. agency to John Pownall, 38; re prieves Thomas Pearson, convicted of murder, 43 ; informed of the death of Geo. II. , 48 ; to proclaim George III., 48, 57, 58; kindness to him in office, 59 ; advises trade between the British and Spanish colonies, 52 ; the refusal of a seat to his son in the council makes him uneasy at the strength of the de Lancey family in the gov ernment, 56 ; suggests the manu facture of potash. 61 ; issues proc lamation to settle lands on the Mohawk river, 64 ; proclamation in regard to the jurisdiction of, and importance of the boundary of N. Y. , 67 ; proclaims Geo. III., 69 ; calls a new assembly, 69, 78; to protect Indians in the purchase of lands, 70; family in good health, 72 ; sends message to assembly in regard to raising men, 77, 78 ; commissions to judges, 79 ; disabled by an accident, 80 ; expects commission of lieut. gov., 80; recovers from an attack of inflammation of the lungs, 85, INDEX. 477 87, 93, 95, 111 ; retires to the country, 91 ; his reasons for not ap pointing judges during good beha vior, 89, 104, 105, 116, 119, 122, 123 ; ii. 433^41 ; interferes in land purchase of col.'de Lancey, i, 94, 96 ; receives a commission as lieut. gov. of N. Y., 102, 103, 105, 107, 109 ; his instructions from the King, 104, 105, 129, 133, 135, 137 ; expects his administration to be short, 108, 109 ; addresses of the assembly, 114; lieut. George Turnbull nearly related to his brother's family, 115 ; his salary and perquisites barely defray the expenses of his family, 130 ; his arrangement with Gov. Monckton, 129, 130, 139 ; Monckton delivers the seals to, 132 ; salary not large enough, 133-137, 163 ; acting governor, 135 ; gov. Monckton's dislike for, 137 ; disagreement with Moncton about the salary, 139, 140 ; gives bond for one half of the salary, 140 : interferes in behalf of Indian prisoners, 141, 143 ; interested in the promotion of religion among the Indians, 143 ; declines to approve judges' commissions bill, 148 ; his reasons, 149 ; recommends salary to be given to the chief justice, 150; Monckton's ill-health gives him hope of Thomas Pownall's appoint ment as gov. of N. Y. , 155 ; "receives the King's instructions to Moncton, 160 ; asks for the office of the pro bate of wills and licenses of mar- . riage, 163 ; orders a meeting of the assembly, 164; proclamation in regard to the execution of crimi nals in N. Y. City, 165 ; essay on principles of action in matter, 166 ; too old to study, 167; educated at University of Edinburgh, 168 ; is not interested in any purchase of land, 177 ; grandchildren arrived at the age of maturity, 177 ; confer ence with the Mohawks in 1736, 179 ; memorial in regard to Indian lands, 180, 183 ; his zeal in service, 182 ; succeeds in appointing judges during the King's pleasure, 183 ; death of his wife, Alice, and illness of two daughters, Mrs. Willett and Caty, 184, 198; opposition to on account of the tenure of judges' commissions, 187 ; accuses William Smith, Jr., and others of interfer ing with the affairs of government, 187, 188 ; dispute with gen. Monck ton, 187 ; attacked by a paper called the American Chronicle, 189, 190 ; suggests the removal of the attor ney-general to another office, 191 ; unable to raise the quota of vol unteers, 192, death of his daugh ter, Mrs. Willett, 197, 198 ; illness of daughter Catharine, 177, 198 ; salary and perquisites, 203, 204 ; recommends lieut. George Turn- bull for promotion, 212 ; has the government at heart, 213 ; the prov ince tranquil and his services appre ciated, 213, 216 ; gen. Monckton resumes the government, 213, 214 ; not interested in land grants, 215 ; removes to Spring Hill, near Flush ing, L. I., 215, 221 ; Monckton be ing indisposed returns the seals and sails for England, 216-220 ; indebted to Lord Halifax for his commission, 216 ; proclaims peace with France and Spain and appoints a day of thanksgiving, 220 ; at Spring Hill, 221, 335 ; complains of the inso lence of lawyers, extravagant land grants, and party influence in the courts, 230, 231, 237 ; forty years at the council board, 232, 320 ; opin ion of, in regard to the boundary of N. Y., 232-237 ; recommends lieut. Turnbull to gen. Murray, 246 ; asks for a new seal for N. Y., 247 ; his opinion in regard to Indian affairs, 261, 307 ; refuses maj. Skene a grant of land, 263-265 ; reviews the policy of the Five Nations, 272 ; advises peace with the Indians at Detroit, 274 ; and punishment to the Seneca Indians, 270, 274 ; orders that no Indians be allowed to enter N. Y. from Pa., 277, 311 ; remarks on the boundary dispute between N. Y., N. H., Mass., and Conn., 285-289, 299-306, 317 ; his proclamation, 288, 293, 304 ; zealous in defending the King's rights, 318 ; defends the governor's claim to prize money, 281, 282, 297; reflections on the trade of the colonies, 312 ; the gov ernor's share of customs seizures, 316 ; his salary being insufficient, wishes an allowance made for lt.- gov. , 320 ; recommends his oldeBt son, Alexander, as member of the council, 321 ; compliments gen. Johnson, and arranges for a grant of land to his son, Sir John, 324 • 478 INDEX. council meet at his house, near Flushing, 330 ; directed to grant lands to reduced officers, 332 ; the King approves of his conduct, 336 ; his opinion of gen. Johnson, 336 ; explanation of fees charged in pub lic offices, 354-355 ; 345-378 ; his salary unequal, 342, 347 ; proclama tions in regard to fees, 343, 344 ; de clares the history of N. Y. by William Smith, Jr., untruthful, 346 ; arrangements to procure a grant of land for Sir William John son, 357 ; to secure peace with the Indians, 357 ; protests against French land grants, 360, 366, 367 ; grants all lands between Crown Point and lake George to reduced officers, 360 ; address of the assem bly undatiful, 361 ; accusations against the assembly, 363 ; obser vations on trade with the Indians, 369 ; doubts the success of gen. Johnson's petition for lands, 370 ; schemes to vacate the Kayade- rosseres patent, 378, 379, 382, 392, 406 ; suggestions on garrison posts and trading stations for Indians, 381-386 ; justice a great civilizer of Indians, they are ashamed to lie, 382 ; but love rum, 383 ; he was never in trade, 384 ; purchase of In dian lands, 385 ; hardly ever took fees, though people generally thought otherwise, 386 ; undertakes a map of the province, 388 ; himself and family threatened, 397 ; in crease in cost of living, insufficiency of salary, 398 ; accused of granting land to his family, who number thirty, 401 ; recommends Blundell for office, 402 ; not skilled in the law, 404; declares trade opened with the Indians, 420 ; hopes to be able to humble the lawyers, 420 ; they treat him with contempt, 422, 424 ; wishes to remove Horsmanden, 423 ; expects to be annoyed by the assembly, 424 ; the lawyers issue a weekly essay entitled The Senti nel in Holt's N. Y. Gazette, to in jure him, 424, 479 ; sends half sal ary and fees to gov. Monckton, 426 ; not a lawyer, 428 ; ii. 448 ; his opinion as to the right of appeal to the crown, see Forsey, Thomas ; narrative of the proceedings on ap peal, i. 436 ; ii. 433-441 ; oriticizes judge Horsmanden's opinion, i. 431 ; his proposition in regard to N. H. boundary adopted, 460 ; seals a writ of appeal, 437, ii. 444; disagrees with the council, i. 439 ; his notes on the right of appeal given to the council, 441 ; ii. 445 ; accuses the lawyers of malice, i. 443 ; to retire from public life when the right of appeal succeeds, 443 ; his council de cide against him, 445, 452 ; appoints his grandson, Stephen de Lancey, clerk of Albany, 445, 462, 463 ; re commends the removal of Daniel Horsmanden as chief justice, judge • Robert R. Livingston, and John Tabor Kempe, attorney general, 455, 463 ; his numerous family exposed to the malice of faction, 455, 459 ; hints on the circulation of the blood, 464; adopted by the Canajoharie Indians, 473; proclaims the King's order settling the boundary with N. H. , 480 ; forced by lawyers into a public dispute, ii. 2, 4 ; sends Mo hawk Indians to Sir William John son, 3, 13 ; apologizes for his ap pointment of Stephen de Lancey, 5 ; suggests the seizure of the-yan Rensselaer tract of land, 7, 10; blamed by the earl of Hillsborough, 8 ; manages Sir Wm. Johnson's pur chase, 10, 11, 12, 15, 16, 17, 18, 19, 20; suggests that the earl of Ilchester take the N. H grants, 15, 16 ; his power to grant land, 24, 25, 26 ; does not meet his council except when necessary, 27 ; expects to en force the stamp act, 27, 35 ; con- suits the commander of the Coven- Jp- fay, 29, 459 ; requests the presence^ of troops, 30 ; not aware of the temper of the people, 31 ; gives refuge to Mr. Hood in Fort George, 33, 34, 35 ; retires to his country seat, 34, 43 ; congratulates gov. Moore on his nomination, 37 ; re ceives the decision of the privy council on the right of appeal, 39; considers the stamp act con gress illegal, 35 ; concludes not to meet the assembly, 43 ; to return to Spring Hill after his 40 years' ser vice to the prejudice of his private fortune, 44, 452 ; dreads the mob, 45 ; orders masters of vessels conveying the stamped paper to seek protec tion from the ships of war, 47, 459 ; resolved to distribute the stamps, 49 ; the lawyers endeavor to render INDEX. 479 him odious by weekly essays, 49, 433, 448, 454, 460, 465 ; asks a re ward from the government, 50 ; burned in effigy, 55, 75, 80 ; his carriages destroyed, 55, 74, 80, 461 ; delivers the Stamps to the corpo- \\ ration of N. Y, 57, 59, 61, 81, 464; Vlplans to subdue the province, 62 ; Narrative of a libel on, called "the rebel drummer," 63 ; his visit to Scotland in 1715, 63 ; raises vol unteers, 64 ; on the arrival of gov. Moore he retires to Spring HiJl, 64, 453 ; di^es with artillery officers at Jamaica, 65 ; is satisfied that the military must enforce the stamp act, 65 ; delivers up the seals, 66 ; thinks the crisis of dependency or independency of the colonies has,f arrived, 67 ; .describes the state of affairs in the province, 68 ; tried to reform the lawyers, 70 ; promises not to distribute the stamps, 80 ; suggests an internal tax, 72 ; refuses to renew the judges' commissions during good behavior, 72, 433, 435, 441 ; his summer vacation, 75 ; life y threatened, 80 ; discovers the cause of malice against him, 81, 85 ; ad dresses a private letter to the earl of Dartmouth on the affairs at N. Y., 82 ; rumor that copies of his letters to the board of trade have been cir culated, 83 ; lawyers turn the rage of the mob against him, 86, 452, 457 ; but he is safe at Spring Hill, 86 ; assembly deprive him of salary, 87, 89; expects indemnity for his losses by the mob, 87 ; 78 years of age, 40 years service in the council, 88, 90 ; asks for a pension, 90 ; wishes to retire from office with dig nity, 93 ; unable to enforce th< stamp act, 93, 97 ; his opinion of judges Horsmanden and Smith, 94; secretary Conway's letter to, 94 ; his promise to take no action until the arrival of gov. Moore objectionable to the King, 94 ; his explanation to Conway, 97, 101, 103 ; declines to give copies of his official letters to Sir Henry Moore, who neglected his duties, 101 ; retires to his home in the country, about 15 miles from town, 102 ; requests capt. Kennedy to receive the stamps, 102, 463 ; in tercedes for Kennedy, who lost his command, 103 ; his property in the ' city, 106 ; his popularity questioned in the house of commons, 108 ; , astonished at the repeal of the stamp act without enforcing sub mission, 108 ; claim for property de stroyed by the mob, 110, 467 ; com forted by the performance of his public duties, 110 ; his unpaid salary, 110, 114; the assembly having re fused compensation, he appeals to England, 111, 113, 114, 117; he abuses gov. Moore, 112 ; resentment of the assembly against, 116 ; re ceives a new chariot from England, , 117 ; preparation and printing and distribution of his "Conduct," 119, 123, 126, 433 ; his claim for loss of property by the mob and unpaid salary, 122-124 ; account of the riot in N. Y, 125, 457-467; fur nishes the garrison at Fort George with wood and candles without charge, 125 ; commended by secre tary Conway for his good behaviour during the riot, 128 ; claims for compensation laid before the house of commons, 130, 136, 141, 149, 153 ; represented as 'obnoxious to the people, 130, 156, 159, 165, 167, 174; his age, services, and great grandchildren, 130; persecuted by the faction, 132, 136, 140, 146, 153, 161, 433, 452, 457; his pamphlet re printed in N. Y, 132, 137, 143, 147 ; indicted for libel, 133, 137, 147, 152, 176; facts in the pamphlet can be proved from the records, 134, 139, 146, 152, 163, 167, 176 ; the only gov ernor who suffered by the stamp act riots, 136, 141, 164; reasons for printing his pamphlet, 137 ; the as- - sembly and council condemn his pamphlet, 139, 148, 154; amount of his losses, 141, 149, 153, 169; not consulted by the council, 144; claims protection of the crown, 145 ; his pamphlet printed and distributed in London, 146, 151, 161, 171 ; at Spring Hill, 148, 180, 185; report of joint/' committee of council and assembly/ 148, 152, 154, 157, 162, 167, 172, 433 ; attempt to ruin him, 149, 156, 164 ; his pamphlet reprinted in N. Y., 151, 161, 171, 174; gov. Moore wise at his expense, 152 ; upwards of 50 years from England and 40 in the council, 153 ; eighty years of age, 154, 157 ; thinks the people of N. Y. have a regard for him, 156, 163, 167, 171, 457 ; recommended for lieut. 480 INDEX. gov. by the Earl of Halifax, 161 ; re fusal to pay his salary, 164, 177 ; neglected by the government and his enemies rewarded, 165 ; sends the Earl of Hillsborough a narra tive of the proceedings at N. Y., 166, 171 ; the ministry in favor of reinstating him as lt. govr., 174; expects the favor of the government, 175 ; states that major James forti fied Fort George without his knowl edge, 177, 458 ; did not suppose the stamp act would be repealed, 178 ; Earl of Hillsborough friendly to, 178, 179, 180 ; applies again for redress to the governor and assembly, 179- 181, 185 ; they agree to pay the salary, 181, 185 ; charged with the expense of -unspiking cannon, 181, 463 ; feels the infirmities of old age, 185 ; assumes the government on the death of Sir Henry Moore, 185. 188, 190, 243 ; meets the council at Brook lyn ferry, 187; requests that he may be allowed to continue in the office of lieut.. gov. with the salary and perquisites as a recompense for his services and losses, 189 ; solicits the patronage of Grenville, 190 ; admin isters the oath of office to John Penn as deputy gov. of Pa., 192; pro hibited from granting lands, 197 ; his opinion on the subject, 199 ; agreement with gen. Gage for sup plying troops quartered in N. Y., 204, 209, 220 ; characterizes the re ligious denominations of N. Y., 211 ; expects removal on the arrival of gov. Dunmore, 212, 214, 218, 220 ; incurs the displeasure of the King for signing the currency bill, 216 ; his character aspersed, 218; the King displeased with the bill dis qualifying the judges for the assem bly, 221 ; desirous to gain the King's approbation, 224 ; assists at the dedication of the King's statue, 226 ; mentions the friends of government in N. Y., 229; conversant with pub lic affairs for 50 years, 229, 232 ; Dunmore assumes the government, 230, 231 ; demands a portion of the fees from the date of his commis sion, 232, 235, 237; Dunmore's chancery suit for the fees, 234, 236, 239-329 ; appoints agents in London to attend to his affairs, 235, 237 ; retains Wedderburne and Dunning, 236, 239 ; his remarks to his coun sel, James Duane, on the bill in chancery, 248 ; his administra tion since gov. Moore's death considered satisfactory to the peo ple, 251 ; his answer to the bill in chancery, 256; cannot travel. without endangering his life, 277; Duane' s argument, 280; Dunmore lays the case before the supreme court judges, 319 ; Lord Hillsbo rough suggests a compromise, 320 ; decided in favor of Colden, 322, 326 ; Dunmore commissioned gov ernor of Va. , 323 ; the papers trans mitted to England, 324 ; gives an abstract of the judges' decision, 326 ; Ralph Izard, who married his granddaughter Alice deLancey, goes to London, 328 ; a petition to be presented to the King in his fa vor, 329 ; gov. Tryon obtains leave of absence, and surrenders the gov ernment to Colden, 330, 331, 334 ; agreement to divide the fees of of fice, 331 ; receives the great seal from Tryon, 332 ; qualifies, 333 ; his family in good health, 338 ; con siders a congress illegal, 341, 346 ; suspects a design to appoint another lieut. govr. . 341 ; his health better at Spring Hill, 343 ; the vile practice of exhibiting effigies prevented, 347, 360; thinks the congress may be beneficial, 350; suggests a plan of conciliation, 351 ; his son Alexander being very ill, his office of surveyor general is transferred to David, 348 ; and his office of postmaster solicited for Alexander's son-in-law, John Antill, 353 ; remarks on the settle ment of latitude, 356 ; expects that congress will adopt moderate meas ures, 366 ; his grandson Richard formerly an officer in the army, 370 ; plan to regulate the customs service, 371 ; considers the situation dread-' f ul, 373 ; consults with Joseph Gal loway and James Duane on a plan for the colonies, 374: his relative, Antill, applies for the office of sur veyor general of lands, 375 ; death of Alexander Colden, 376 ; David, his brother, appointed to the office of surveyor general, 377 ; the dis tress encountered in his long service, 377 ; in doubt about the assembly, 378 ; member of the council, 379 ; speech at the opening of the assem bly, 380, 382, 391; considers the // i INDEX. 481 V proceedings satisfactory, 380, 383 ; \address of the assembly, 380, 382, 384 ; congratulated by gen. Gage for his management of the assembly, 386 ; requests that a man-of-war be sent from Boston to N. Y., 386, 390 ; characterizes the sons of lib erty, 387 ; the idea of fighting the V King's troops full of madness and \ folly, 390 ; his estimate of the gov ernment strength in the assembly, 391 ; disapproves the naturalization and quit rent bills, 393 ; wishes to , destroy the power of the manors t and boroughs, 39 1 ; happy that the ^province is loyal and moderate, 395 ; takes measures to suppress the out rages of the green mountain boys, 397 ; appropriation for his salary, 399 ; his expectations in the be haviour of N. Y. destroyed, 401 ; the people seize the government, 402, 404, 406 ; his plan to restore order in Cumberland county, 403, 408, 410 ; regrets the absence of a military force, 411, 412; chagrined at the furious torrent, 413 ; requested by the committee to interpose with the King and gen. Gage in behalf of America, 412, 421 ; when the direc tion of government was taken by the people he retired to the country, 413 ; attempt to print Gage's ac- /' count of Lexington, 414 ; does not consider it safe for troops to marcri through the province, 415 ; visited by capts. Vandeput and Payne, 416 ; directs women and children of the 18th regt. to occupy Governor's Island, 417 ; has hopes of peace, 421 ; is of opinion that a, military force would have saved the province, ¦v 423 ; receives dispatches from Lon- ^%lon, 426 ; he realizes the fact that the King's power is at an end, 426 ; reprint of his pamphlet ' ' The Con duct of Cadwallader Colden, Esq., late Lieut. -Gov. of N. Y. , relating to the Judges' Commissions, Appeals to the King, and the Stamp Duty," 428-467. Cjlden, Cadwallader, Jr., major of the 2d Ulster Co. regiment, to protect the inhabitants from the Indians, i. 223. Colden, Catharine, daughter of Gov. Colden, ill of fever, i. 184, 198; petitions for 1,000 acres of land, ii. 11. 31 Colden, David, son of Gov. Colden, acts as his private secretary, i. 38, 316; ii. 33, 51, 93, 96, 121, 230, 234, 328, 331, 332, 343; informs the commissioners of the arrival of the stamped paper, ii. 50; and applies for the office of distributor, 51 ; no tifies Ingersoll that the stamps for Conn, are received, 52 ; waits on gov. Moore, 1 01 ; his seal the same as his father's, 1 03 ; waits on Dun more, 324, 325; appointed deputy surveyor-general, 348 ; on the death of his brother, surveyor-general of lands, 376 ; mentioned, 338, 414. Colden, Richard, son of Alexander Colden, surveyor and searcher of customs, makes several seizures, ii. 335, 336, 370 ; formerly an officer in the army, and stationed ou the Isle of Man, 370 ; offered bribes by merchants. 371. Coldenham, Ulster Co., N. Y., country residence of Gov. Colden, i. 1, 7, 12, 29 ; several inhabitants of, captured by the Indians, 142. Collins, John, deputy surveyor of Quebec, to settle the partition line between N. Y, ii. 333. Collinson, Peter, agent for Colden in London, to wait on Lord Halifax and ascertain his views, i. 29, 37 ; also John Pownall, 38 ; communi cates the reasons why Alex. Colden was not admitted to the council, 56 ; to defray Colden's expenses, 80 ; a wholesale mercer and an honest man, 167, 170 ; referred to, ii. 51 ; purchases a chariot for Colden, 117; his friendship, 118 ; charged with the printing and distribution of Colden's "conduct," 119, 120; in formed of his losses by the stamp riots, etc., 131. Colonies. See American Colonies. Colville, Lord Alexander, admiral on the North American station, issues orders at Halifax, i. 251 ; writes a warm letter to the judge of admi ralty at N. Y, 282, 297; receives information of smuggling on the coast. 370. Compte, M., a French prisoner, asks to be paroled, i. 209, 211. Congress at Albany in 1754, i. 233 ; stamp act assembles at N. Y. in 1765, ii. 35, 36. See continental congress. Connecticut, exportation of provi- 482 INDEX. sions and illicit trade, i. 27, 36, 102, 375 ; raises her quota of men, 75 ; men recruited for N. Y. in, 196 ; her boundary with N. Y., 232-236, 239, 286, 289-291, 298-306, 317, 466 ; requisition for troops, 284 ; first set tlement of, 301 ; refuse to furnish troops, 309 ; N. H. grants hawked in, 317 ; claims jurisdiction over Captain's islands, 466 ; inhabitants settle on the N. H. grants, ii. 15, 16 ; stamped paper for, arrives at N. Y, 32, 50. 52; settles the east end of L. I., 350 ; travellers towards the grants examined, 410 ; aid in the capture of Ticonderoga and Crown Point, 412, 415, 422; provincial troops encamped at Greenwich, 424. Connecticut River, the original eastern boundary of N. Y., i. 67 ; ii. 6; Eng lish settlements on, i. 234, 235, 301; Dutch build Fort Hope, 301 ; lands near, unsettled, 366 ; fixed as the boundary between N. Y. and N. H. , 370 ; ii. 358, 365, 366 ; fertile lands on the west bank favourable for raising hemp, ii. 14, 15 ; seized by N. H. , 127; land grants on the west side of, 342 ; mentioned, ,i. 239, 283, 285, 286, 293-295, 299, 300, 301, 303, 317, 318, 472 ; ii. 197, 198. Constant, Henry, held as prisoner at Bourdeaux for the ransom of the sloop Dove, i. 309, 331 ; ransomed, 335, 338. Constitutional Courant, James Parker charged with printing and distrib uting the, ii. 38, 45. Continental Congress, a general con gress proposed by N. Y. to pe tition the King for a redress of grievances, ii. 340; these assemblies of the people without legal author ity, 341 ; the appointment of delegates from the Colonies, 346 ; election of representatives in N. Y. city, 346, 348, 352; men with moderate views elected to, 350,361; to meet in Phil., 350; an address to be presented to the King, delegates to go from each colony, 351 ; the counties outside of N. Y., except Suffolk, take no action, 352 ; the N. Y. delegates proceed to Phil., 360; seven counties in N. Y. send no delegates, and two are repre sented independent of N. Y. city, 360; Queens Co. refuse to be con cerned, 367; Orange Co. delegates chosen by 20 persons, 367 ; adjourn and publish an extract of their pro ceedings, 369 ; the sentiment in N. Y. in regard to the association, 367, 370 ; a committee of inspection ap pointed in N. Y., 372; Galloway's plan rejected, 374 ; behaviour of the delegates, 374 ; pamphlets in oppo sition to, printed at N. Y., 375 ; pro ceedings disliked by the better sort of people, 375 ; effort to have the N. Y. assembly oppose the proceed ings of, 381 ; its failure, 381, 383, 386, 387, 391, 392 ; all the colonies except N. Y. adopt the proceedings, 383 ; N. Y assembly refuse to appoint delegates to the second Congress, 389, 390, 395, 399 ; the people choose delegates, 395, 399; Isaac Wilkins an opponent of, 406 ; Mass. delegates arrive in N. Y., 414; it is hoped they will discountenance the Ben nington rioters, 415 ; to issue paper currency, 416 ; to raise money and an army to oppose the King's forces, 420 ; order the removal of cannon from N. Y. city, 420 ; James Duane introduces a plan of accommodation, 421 ; informed of the capture of Ticonderoga, 423. Conway, Henry Seymour, secretary of state, letters to in regard to the stamp act troubles at N. Y , ii. 33, 42, 45, 47, 54, 60, 66, 86, 103, 113, 128 ; censures Colden's action, 93, 94 ; Colden's defence, 97, 101 ; on removal of capt. Kennedy, 103. Cooper, Rev. Myles, president of King's college, attempt to seize him, ii 421 ; departs for England, 421 ; supposed to be the author of several pamphlets against the con gress, 422. Cornbury, Lord [Edward Hyde], men tioned, ii. 310, 311. Corner, John, captain of H. M. ship Hussar, ii. 187. Corsa, Isaac, colonel of the N. Y. provincials, petition of, i. 72. Cosby, William, governor of N. Y, in quires into the Albany land pur chase, i. 393 ; demanded half the perquisites, and salary of Van Dam. 204 ; Van Dam withholds the fees of office from, ii. 232. Countess of Leicester, packet boat, capt. Wilson, from Falmouth, lost on the Wash, in North Carolina, Nov. 1, 1763, i. 257. INDEX. 483 Coventry, H. M. ship, to have a tender, i. 375 ; to protect stamp vessels, ii. 47, 79 ; people demand that the stamps be sent on board, 80 ; Alex ander Colden's family take refuge on board, 98 ; stamps to be placed on board, 102, 105 ; capt. Kennedy loses the command of, 103. Cox, William, and others, release Caro lana to the crown, ii. 227; receive only part of the consideration lands, 228. Cregier, Jury, ejected from his lands, i. 359. Croghan, George, sent to pacify the Illinois, ii. 27. Crossfield, Stephen, land granted to, ii. 330. Crown Point, settlements to be made near, i. 66 ; rent of, 66 ; fortified by gen. Amherst 263 ; lands reserved for the use of the garrison of, 332 ; reduced officers receive grants of lands at, 360, 366 ; the route to Canada, 367 ; lands near, 399, 400 ; mentioned, ii. 9, 34, 411 ; fertile land between, and Conn. River, laid out into townships, 15 ; land granted to reduced offiers, 32 ; no land to be granted to the nortward of, 337 ; gov. Dunmore grants garrison land to engineer Benzel, 360 ; the cap ture of, 412, 415, 422. Cruger, Henry, vessel of, captured by the French, i. 368, 459. Cruger, John, mayor of N. Y., regulates French residents, i. 92; arrests a deserter, 115 ; to prevent rescue of condemned criminals, 165 ; commissary and paymaster to the N. Y. forces, 224, 229 ; to ar rest suspected Indians, 227 ; a ves sel of, captured by the French, 368, 459 ; informed of a threatened riot, ' ii. 53 ; receives on behalf of the cor poration the stamped papers, 57, 59, 81 ; supports the government in the assembly, 391. Cruger, John Harris, a member of the council, ii. 379. Cruilla, Marquis de, viceroy of Mex ico, Colden applies to, in behalf of Wm. Walton, i. 339 Cuba, trade of, i. 51. Cumberland County, between Mass. and N H., the court-house at West minster seized by the mob, ii. 396 ; and officials carried prisoners to Mass., 397 ; measures taken to pun ish the rioters, and open the courts of justice, 397, 400, 404, 407, 408 ; troops ordered to, from Quebec, 404 ; arms for the inhabitants, 404, 407, 409 ; few disputes to titles of land in, 408 ; in rebellion, 410 ; com munication with, cut off, 415 ; not represented in the provincial con gress, 419. Cunningham, Waddel, petitions for relief against prosecutions by the crown, i. 325 ; in England, 395 ; con victed of assault on Thomas Forsey, he appeals to the crown, 395, 407, 425, 427-442, 446-459, 462, 467- 471, 476, 479, ii. 39, 73, 81, 82, 85, 89, 433, 441-457 ; partner in trade with Robert R. Waddel, i. 436. Dalyell, James, captain royal ameri- cansatN. Y., i. 40. Dartmouth, William, Earl of, secre tary of state, appointed to preside at the plantation board, ii. 82 ; Col den's letters to, on public affairs, 82, 334, 346, 359, 364, 366, 369, 372, 376, 377, 380, 382, 388, 393, 395, 4001404, 406, 419; mentioned, 332, 337, 338, 352, 356, 362, 363, 392, 398, 405, 418. Davis, William, commander of ship Edward, mentioned, i. 62 ; brings stamped papers to N. Y., ii. 48, 50, 52, 79. Deacon, Peter, petitions for land, ii. 330. Deale, Bastien, attempt to dispossess him of his lands, i. 369. » Deane, Richard, lessee of Governor's Island, ii. 277. Dean, William, Wm., Jr., and Willard charged with trespass on the N. H. grants, ii. 193, 214. De Lancey, Anna, married to John Watts, i. 56. De Lancey family a controlling power in the government of N. Y. , i. 56. De Lancey, James, lieut. -gov. of N. Y„ his death, 1. 1, 2, 3, 5, 9. 12, 17, 26, 59, 133, 136, ii. 434 abilities and zeal of, i. 4, 5, 17 appointed chief -justice during good behaviour, 23, 469 ; his interest on the decline before he died, 34 ; his eldest son named for the council, 35 ; influence of his family, 56 ; his sister married to John Watts, 56 ; the leaders of his administra tion not returned to the -assembly, 484 INDEX. 81 ; grants commissions to judges during good behaviour, 104, 105 ; ap points David Jones a fourth judge of the supreme court, 455 ; men tioned, 262, ii. 311. De Lancey, James, eldest son of the lieut. -gov., a candidate for the coun cil, i. 35, 56. De Lancey, Capt. John, a leader of the government party in the as sembly, ii. 391, 399. De Lancey, Col. Oliver, offers his town house to gen. Amherst, i. 22 ; it is declined, 32 ; appointed a mem ber of the council, 34, 56 ; obtains licence to purchase land on the Mo hawk river, 94, 96 ; appointed re ceiver-general of revenue and col lector of customs, 218, 219 ; opinion on the Lydius claim, 245 ; private conversation with Mr. Scott in council, 439 ; opposes the grant of land to lieut. James McDonald, ii. 25 ; influences the ministry against Colden. 156, 159, 174 ; a relation of col. Fitzroy, 156, 159, 167; men tioned, 379. De Lancey, Peter, son-in-law of gov. Colden, examined by the assembly, ii. 140, 143, 154, 158, 162, 173 ; his son-in-law, Ralph Izard, visits Lon don, 329. De Lancey, Mrs. Phila, mentioned, i. 32. De Lancey, Stephen, grandson of Col den, applies to be appointed clerk of Albany, i. 445 ; appointed, 462, 463 ; confirmation of his commission urged, ii. 5. Delaware Bay, mentioned, i. 239, 370, 375. Delaware Indians, detain prisoners in captivity, i. 142, 143, 144 ; ready to plunder, 180 ; Five Nations offer to attack, 284 ; defeated by Sir William Johnson, 311, 314, 315, 319 ; capt. Bull taken prisoner and confined in N. Y, 315, 319; " put into petti coats " by the Five Nations, break their promise, and join the Shawa nese, 314 ; their king kindly treated at Phil., 314 ; remain hostile, 327 ; expected peace with, 420 ; brought to reason, ii. 4; mentioned, 20. Delaware River, mentioned, i. 239, 243 ; illegal trade on, 258 ; impor tant that the beginning of the 43 degree of latitude on, be settled, ii. 356, 364. De Leau, John, a French neutral, con victed of larceny, i. 202. De Lisle, John, naturalized, i. 118. Dellius, Rev. Godfrey, his patent of land at Lake George, i. 95, 96. De Noyelles, John, complains of the council for refusing him naturaliza tion, i. 106 ; answer to his petition, 128 ; member of assembly from Orange Co., his death, ii 391. De Peyster, Abraham, treasurer of the colony of N. Y., to pay troops, i. 126 ; account of bills of credit emitted from 1749 to 1764, 349-353. De Peyster, James, mentioned, i. 475. Desbrosses, Stephen, informs Colden of the trouble in the French church, ii. 24. Despneser, Lord le, letter to, in re gard to Antill's application, ii. 353. Detroit, provincials posted at, i. 228, 229, 260 ; Indians at, sue for peace, 267, 268; cessation of hostilities at, and garrison, 268, 269 ; troops for, shipwrecked, 268 ; hostile Indians at, 270, 271, 273; garri son short of supplies, 273, 274 ; post to be continued, 274 ; Brad- streets expedition against, 319, 328; mentioned, 376 ; proposed as a trad ing station, 380, 400 ; farms culti vated at, 381 ; Western Indians to meet at, ii. 20. Dillon, Captain, commands the Mer cury packet, ii. 332. Disney, Major Daniel, returns to Mont real, i 360. Dominica, island of, captured by Lord Rollo, i. 97. Donnelly, Peter O., convicted of lar ceny, i. 202. Douw, Volkert P., mayor of Albany, to pay bounty to troops, i. 126 ; com plains of army abuses, 203. Dove, sloops suspected of illicit trade with the French, i. 194, 195, 201 captured by the French, Jan. 18, 1762, and ransomed, 309 ; own ers, 331 ; ransomed, 335, 338 ; cap tured on the coast of Africa, 474 ; in Porto Rico, 475. Dover, H. M. ship, conveys troops to N. Y, i. 41; returns to England, 44. Dover, John, capt. R. A., returns to England, ii. 104. Duane, James, clerk in chancery, re port of fees, i. 390 ; on the right of appeal in civil cases, 415 ; his opin- INDEX. 485 ion on the charges against judge Wells, ii. 214; retained as council by Colden, in Dunmore's chancery suit for fees, 248, 254, 273, 277 ; not a courtier, 273 ; death of his eldest son, 277 ; his argument in court greatly applauded, 278 ; copy of it, 280, 316, 325, 328 ; closing reply, 316, 319, 322 ; delegate to the con gress at Phil., 346, 348, 352, 360 ; endorses Galloways plan of govern ment of the colonies, 374 ; dissents from the proceedings of congress, 374. Duke of Cumberland, packet ship, be tween Falmouth and N. Y., com manded by capt. Goodridge, i. 312. 379, 475 ; ii. 108, 316. Duncan, Capt. John, applies for a grant of land, i. 316 ; for a licence to trade with the Indians, 357. Dunmore [John Murray, 4th], Earl of, appointed governor of N. Y. and his arrival expected, ii. 212, 214, 218. 220, 221, 227, 228 ; arrives at N. Y , 230, 231 ; demands a moiety of the perquisites and emoluments of the government from Colden, 232, 235, 237, 271 ; sues for them in the court of chancery, 234, 236, 239- 329 ; follows the advice of William Smith, Jr. , 251 ; holds the court of chancery in his house, 278 ; his be haviour, 317 ; lays his case before the judges of the supreme court, 319, 321 ; they decide against him, 322, 326 ; he does not agree with them, 322, 324 ; commissioned gov ernor of Va., 323, 329; capricious and ignorant, 323 ; sends the papers in the case to the ministry, 324, 325, 327, 328 ; granted garrison land at Crown Point, 360 ; converts the barracks of Fort George into stables, 403. Dunning, John, retained as counsel for Colden, ii. 236, 239, 254. Dutch settle New Netherlands, i 288, 301, 302; build Fort Hope, 289, 301 ; conquered by the English, 290, 301 ; illicit trade with their West India islands, 259, 375 ; their gun powder used in N. Y. , 372. Dutchess County, militia to be en listed in, i 253 ; fees of the county clerk, 390 ; rent riots in, ii. 115 ; memorial of the judges of the court of common pleas, 330. Dwight, Joseph, mentioned, i. 208. Earl of Dunmore, ship, sails for Lon don, ii. 328. Earl of Halifax, packet, capt. John Bolderson, sails, i 111, 164, 367, 368. Earl of Leicester, packet, captured, i 72. East India Company send teas to N. Y., ii. 332; return of their ship without unloading, 334. Edinburgh University, Colden's essays to be deposited in, i. 168. Edward, ship, arrives with stamped papers, ii. 48, 50, 52, 79. Egremont [Charles Windham, 1st], Earl of, secretary of state, i. 143 ; Colden's letters to, on public affairs, 145, 150, 164, 192, 206, 214, 219, 220, 230; mentioned, 186; death of, 250. Eighteenth Regiment or Royal Irish, five companies, under major Hamil ton, stationed at N. Y. city, ii. 388, 390, 402, 403, 413, 415-418, 423, 424, 426, 427. . Elliot, Andrew, receiver-general and coUector of the customs, recom mended for a seat in the council, i. 391 ; to inform the governor of all vessels that enters and clears, 446 ; brother to Sir Gilbert Elliot, 463 ; asks instructions as to the treatment of a French ship in distress, ii. 186 ; to pay Colden's salary, 333, 353 ; receives the quit rents, 339 ; divides the money for seizures in the cus tom house, 348 ; again suggested for the council, 352 ; ordered to seize arms and ammunition brought to N. Y. as contraband goods, 376, 377 ; makes a seizure, 378 ; the people close the custom house, 402. Elliot, Sir Gilbert, treasurer of the chamber, mentioned, i. 463. Ellison, Thomas, col. of the second regiment of Ulster Co., i. 223; to enlist men for the defence of the frontiers, 253. England, see Great Britain. English-Daniel, imprisoned at Porto Rico, i 372 Enterprise, H. M. ship, capt.^ Houl ton, prisoners confined on, i. 194, 195, 201. Esopus, sloops to sail for, i 252. Eustace, Margaret, land granted to, i. 346. Evans, Capt. John, his land grant va- 486 .INDEX. cated, i. 403 ; memorial and map of the patent, 477. Eyers, Capt. of the ship gen. Wall, i 183, 193. Fairhorn, Mr., mentioned, ii. 277. Falmouth packets carrying the mail from N. Y. the first Tuesday in every month : Earl of Halifax, capt. Bolderson ; Duke of Cumberland, capt. Goodrige ; Harriot, capts. . Robinson and Oake ; Lord Hyde, capt. Goddard ; Mercury, built in N. Y., 1772, capt. Dillon. Fanning, Col. Edmund, son-in-law and private secretary of gov. Tryon, ii 331 ; surrogate, 352 ; returns to N. Y. from England, 375. Farel, Capt. , recommended for sheriff of Albany, i 94, 96, 131. Farley, Samuel, printer of the Amer ican Chronicle, i 188-91. Farquhar, J., captain of the ship Bishop of Osnabrigs, ii. 151. Farquhar, James, mentioned, ii. 57. Farrington, Captain Anthony, pur chases land in Essex Co. , ii. 330. Faulkner, Jonathan, captain of H. M. ship Mercury, i. 43. Fauquier, Francis, gov. of Va., in formed of the death of gov. de Lancey, i. 2. Fenelon, Marquis de, gov. of Marti nique, ask permission to have 150 Accadians sent from New York, i 333, 334, 337. Fenton, Mr., appointed a customs officer, ii. 22. Finglass, Capt. of the ship Prince George, i. 88. Fishkill, Indian claim for land at, i. 247. Fitch, Thomas, gov. of Conn., in formed of the death of gov. de Lancey, i. 3 ; proclaims Geo. 111., 57; his attention called to smug gling at New London, 102, 108 ; to encourage enlistments for N. Y., 196 ; as to the jurisdiction on Cap tains' islands, 466. , Fitzroy, Lord Augustus, mentioned, ii. 156, 159. Five Nations, engaged to suppress hostile Indians on the frontier, i 249 ; want of ammunition causes them to be friendly, 267, 269; treat with Sir William John son, 269, 271, 273, 284 ; policy of the, 272, 273; at war with the French, 273 ; French endeavour to gain their friendship, 273; offer their services against the Delawares, 284 ; a mere mob, 307 ; subdue the Delaware Indians, and '.' put petti coats upon them," 314 ; attack and capture part of the Delaware Indi ans, 319, 321, 322. Forbes, Mr., arrested for illicit trade, i 201. Forsey, Benjamin, removes to New London and engages in the slave trade, i. 371, 475. Forsey, Thomas, merchant, re moves to New London, engages in the slave trade, i 371, 475 ; suit against Waddel Cunningham for as sault and battery, 395 ; visits St. Domingo, 437; Cunningham ap peals to the crown, the case, etc., 407-425, 427-443, 446-459, 462, 467- 471, 476, 479 ; ii. 39, 73, 81, 82, 85, . 89, 433, 441-457. Fort Chartres, the governor of, invites the northwestern Indians to move to the Mississippi, i. 274 ; easiest communication with, 336 ; ammu nition supplied to the Indians from, 336 ; proposed as a trading station, 380 ; shortest route to, 381. Fort Edward, included in the Lydius tract, i. 66 ; grant of lands at, 312 ; all the lands between, and Lake George granted to Robert Harpur for Irish settlers, 315 ; mentioned, i 225, 263, 300 ; ii. 411. Fort George, N. Y. city, the governor's house in, i 7; condition of, 224, 247 ; has no guard, ii. 23 ; crowded with men and military stores, 32, 38 ; Mr. Hood invited to the gov ernor's residence in, 33 ; 60th regi ment arrive at, 34; put in a con dition of defence by major James, 35, 461, 462; occupied by the royal artillery, 44, 81 ; stamps stored in, 50, 52, 80, 459; marines to reinforce, 53; expected to be stormed by the mob, 54, 55, 81-; Colden burned in effigy at the gate of, 55, 74, 80 ; secure from as sault, 61, 76 ; gov. Moore orders it to be dismantled, 66, 101 ; gar rison during the stamp troubles, 76; condition of, in 1765, 98, 99, 125 ; gen. Gage refuses to take com mand of, 1 25 ; threatened by the mob, 129 ; ammunition and stores sent to, 177 ; ceremonies at, on the INDEX. 487 erection of the King's statue, 226; defenceless, the barracks used as stables, 403 ; for many years re garded as the governor's residence, 461. . Fort Hope built by the Dutch on the Conn, river, i 289, 301. Fort Lee to be constructed, ii. 416, 420. Fort Ontario, garrisoned by N. Y. Pro vincials, i. 224, 229. Fort Pitt, proposed as a trading sta tion, i. 380, 381 ; Shawanese Indians arrive at, and deliver up their pris oners to gen. Gage, ii. 4 ; Indians to meet at, 20. Fort Prince George relieved, i. 41. Fort Washington to be constructed, ii. 416, 420. Foster, Mr. , mentioned, ii. 64. Fothergill, Dr. John, mentioned, ii. 120. Fowey, frigate, arrival of, at N. Y., i. 57, 58, 59. Foxcroft, John, deputy postmaster- general, ii. 344, 414. Foy, Capt. Edward, secretary to gov. Dunmore, ii. 230, 231, 232, 271. France, prohibits English trade with her colonies, i. 313 ; in amity with Great Britain, 335 ; demand on, for the value of sloop Jove, 459. Francis, Thomas, captain H. M. ship Greyhound, i 71, 72. Frank, Frederick, naturalized, i. 118 Franklin, Benjamin, notified of the issue of the Constitutional Courant, ii. 38. Franklin, William, gov. of N. J., in formed of Indian troubles on the frontier, i. 248 ; unable to raise quota of men, 266 ; informed of the number of men furnished by N. Y., 310 ; wishes the stamped paper for N. J. lodged in the fort at N. Y, ii. 38. Franks, Jacob, ships provisions to Ja maica for the navy, i 210. Fraser, Lieut., his life saved by Pon tiac, arrives safe at New Orleans, ii. 27. Fraser, Mr., application for land, ii. 28. . . , French, vessels on Lake Ontario, i. 4 ; war in America ended, 25 ; islands and settlements conduct illegal trade, 23, 36 ; trade prohibited with the, 49 ; not to trade with Monto Christo, 51 ; prisoners in N. Y. city, 90-92 ; Indians desert to the, 95 ; settlers on the island of Dominica, 97 ; privateers on the American coast, 98, 99 ; in Martinico remove to the mountains, 99 ; defeated in Canada, 178 ; persuade some of the Six Nations to join them, 180 ; resi dents in N Y. city arrested, 197, 199, 200, 209 ; neutrals, 202 ; squad rons in the West Indies, 204, 206 ; Crown Point as a barrier to the, 263 ; accused by the Indians of in citing them to war, 269, 270, 307, 322 ; reinforcements for Quebec, 271, 273 ; Five Nations at war with, 273 ; gain the Senecas, 273 ; build a fort at Niagara, 273, 307 ; prison ers retained by the Indians, 314 ; application to remove the neutrals from N. Y. to Cape Francois, 333 ; their character, 334 ; expelled from Nova Scotia, 334 ; a list of them to be made, 335 ; trade with the islands, 334 ; trade with the Indians in Il linois, 336 ; claim for land near Crown Point denied, 366 ; fidelity of the, doubted, 367 ; at Port-au- Prince capture the sloop Jove, 368 ; indemnity for demanded, 459; trade with the Indians, 380 ; seize the sloop Wheel-of-Fortune at Port St. Pierres, 425 ; influence with the In dians, 443 ; English vessels seized by the, 479 ; scandalous disorders in the church at N. Y., ii. 24; trade with the colonies stopped, 77 ; the vessel Amiable Susete, captain Thomas Lasalle, puts into N. Y. in distress, 186 ; land grants, 348 ; pre vent the settlement of N. Y. , 365. Gage, Maj.-Gen. Thomas, arrives at Oswego, i. 4 ; enlistment of men in N. Y., 255, 256, 323; to call on N. E. for troops, 266 ; communicates news from Detroit and Niagara, 271 , 274, 356 ; protection for Indians, 277 ; Mass. refuse to grant his re quisition for men, 284 ; N. E. gov ernments refuse their quota of men, 309; mentioned, 312; difficulties in marching troops towards the Il linois, 330 ; garrison lands at Crown Point reserved, 332 ; to parole French neutrals, 333 ; confers with Colden on Indian affairs, 336 ; in formed of the condition of Indian prisoners at N. Y. , 358 ; mentions col. Bouquet's success, 440 ; dis- 488 INDEX. pleased with col. Bradstreet, 440; announces the cessation of Indian hostilities, 441 ; opening of trade with the Indians, 419, 420 ; succeeds Amherst as commander-in-chief, 420 ; at Fort Pitt, ii. 4 ; guard re quested for the fort in N. Y., 23 ; disposal of a negro and German , prisoner, 23 ; dines with Colden, 27 ; discovers the seditious temper of N. Y., 29, 31, 458; to increase the military force in N. Y, 30 ; orders a company of the 60th to N. Y., 34; recruits enlisted by col. Bradstreet, 46 ; his advice on the delivery of the stamped paper, 56, 59 ; his action in the stamp act trouble, 67, 75, 76, 79 ; refuse to take command of Fort George, but desires troops to defend his house, 125 ; commend ed by secretary Conway, 128 ; copy of an agreement with Colden to quarter troops in N. Y., 204-206, 209; no appropriation to carry it out, 220 ; troops requested for Char lotte Co., 357, 362; refused, 364; informed that the assembly of N. Y. refuse to endorse the congress, 381 ; congratulates Colden on his manage ment, 386 ; to furnish troops to sup press the rioters on the N. H. grants, 397, 406 ; mentioned, 403 ; desired to arrange for a cutter to carry let ters between Boston and N. Y. , ii. 403 ; orders troops to quell the N. Y. grant riots, 403, 406, 407, 409, 410 ; requested to furnish arms to the re sidents in Cumberland Co., 409, 410 ; Colden and Gage requested by the N. Y. committee to interpose with the King in behalf of America, 412 ; orders the troops to embark on the Asia, 413, 424 ; his account of the battle at Lexington, 414 ; dispatches forwarded to, 417, 426. Gaine, Hugh, refuses to publish gen. Gage's account of the battle at Lexington, ii. 414. Galloway, Joseph, submits plan of government for the colonies to Col den, ii. 374 ; writes that the friends of order in Pa. hourly increase, 886 ; his Candid Examination printed at N. Y., 390. Ganessio Indians to be punished, i. 207. Garland, H. M. frigate, cruising for illicit traders, i. 398 ; stamped paper landed from, ii. 54. Gaspey, revenue cutter, ii. 25. Gates, Mrs., mentioned, i. 212. General Johnson, ship, lost, i. 93. General Wall, packet ship, i. 11 13 63, 6£, 78, 116, 118, 183, 193. George II., death of, i. 48, 55. 69, 72, 78, 79, 81 ; ii. 435. George III. proclaimed in the Colo nies, i. 55, 57, 62, 69 ; marriage to Sophia Charlotte of Mecklen burgh Staoelitz, 115, 116 ; congra tulated by the N. Y assembly, 145, 146 ; fixes the boundary between N. Y. and N. H, i. 370, 472, 475 ; limits land grants to 20,000 acres, 406 ; an equestrian statue of, erected in the Bowling Green. N. Y., ii. 226. Georgia, the chief justice of, has a fixed salary, i 154. Germany, two American Indians to be exhibited in, ii, 13. Gladwin, Major Henry, about to sail for England, i. 376. Glen, John, of Schenectady, indict ment against, annulled, i. 296. Gloucester County, land grants in, ii 331 ; not represented in the provin cial congress, 419. Glasgow, trade to N. Y., i. 166 ; as tronomical instruments at, 170. Goddard, Capt. of the Pitt packet, i. 207. Goodridge, Capt., commander of the packet ship Duke of Cumberland, ii. 108. Golden Hill. N. Y. , affray on, between citizens and soldiers, ii. 210. Gordon, Lord Adam, makes a tour of the colonies, ii. 44. Gould, Thomas, master of brig Hope, murdered at Senegal, i. 371, 475. Governor's Island, N. Y., leased to Richard Deane, ii. 277 ; women and children of the 18th regt. to be re moved to, 417, 425. Grafton, Duke of, influenced against Colden, ii. 156, 159, 167, 174. Graham, Rose, land granted to, i. 346. Granby, Marquis of, informed of the riot at N. Y., ii. 54. Grant, James, lt.-col. 40th regt. to command in S. C, i 43 ; defeats the Cherokees, 100. Graves, Samuel, vice-admiral of the blue and commander of H. M. ships in N. H. , asked to send a man-of- war to N. Y, ii. 386, 390 ; orders the Asia to N. Y , 411, 423. Great Britain, benefited by smug- INDEX. 489 gling, i. 28 ; sends troops to America, 41, 43 ; death of the King, 48 ; trade with the colonies, 50, 51, 312; expor tation of manufactures, 52 ; trade with the Spanish colonies, 52 ; war declared with Spain, 184-186 ; in jured by illicit trade, 250 ; Canada ceded to, 263, 273 ; in amity with France, 335 ; at peace with Spain, 339 ; courts of error in, 448, 450 ; troops arrive from, ii. 76, 458 ; im portations from, increased, 77 ; non importation agreement, 78, 193 ; un popular acts of parliament repealed by the influence of mobs and riots, 91 ; opposition in the colonies to, 182 ; increased consumption of man ufactures in N. Y. , 188 ; judges not allowed seats in the house of com mons, 208 ; repeal the duties on paper, glass, etc., 222; importation of tea from, prohibited, 222, 227; commerce restored with the colo nies, 251 ; no trade from America until the repeal of the Boston port bill, 340, 345 ; a defect in the con stitution of, with respect to the colonies, 374. Greatrakes, Osborn, commander of the Sampson, i 11, 16, 31, 62. Green Mountain mentioned, ii. 196. Greenwich, Conn., a provincial camp at, ii. 424. Greenwich, N. Y., residence of gov. Tryon, ii. 332. Greenwood, William, commander of H. M. ship Zephyr, i. 19. Gregg, John, mentioned, i. 466. Gregory, Peter Wharton, petitions for land, ii. 330. Grenville, George, secretary of state, Colden furnishes a history of his pamphlet in vindication of his con duct, ii. 151, 157, 176 ; and claims for losses by the mob in N. Y. , 180 ; informed of the death of gov. Moore, 190. Greyhound, H. M. ship, rails for S. C, i. 72. Guadaloupe, the sugar trade of, i. 37. Haasbrook, Col. Abraham, negotiates with the Delaware Indians, i. 142. Haldimand, Maj.-Gen. Frederick, col. of the royal americans, applies for land, i. 15 ; mentioned, ii. 332 ; re fuses troops to suppress riots on the N. H. grants, 364 ; in Boston, 376. Hale, John, commander of H. M. Bhip Winchester, i. 11, 16, 17, 62. Hale, Mathew, chief-justice of Eng land, mentioned, i 450, 451 ; ii. 70. Halifax, postal arrangements with Bos ton, i. 361, 365, 371; vessels not allowed to clear to, from N. Y., ii. 402. Halifax [George Montagu Dunk, 3d], Earl of, secretary of state, Colden desires his influence, i. 37, 38 ; re fuses to appoint Alexander Colden to the council, 56 ; appoints Colden lieut. -gov., 107-109, 216; transmits orders for raising militia, 278 ; re commends Colden for office ii. 161 ; Colden's letters to, on public affairs, i. 9, 34, 109, 216, 259, 272, 306, 311, 314, 326, 335, 338, 348, 367, 368, 375, 376, 390, 398, 404, 405, 425, 427, 456, 463, 469, 479 ; ii. 4, 161 ; mentioned, i. 29, 267, 284, 435, 438, 459, 460 ; ii. 36, 49, 62, 67, 116. Hamburgh, illicit trade with, i. 375. Hamilton, Isaac, major of the 18th regt. or Royal Irish, his command at New York number 100 men, ii. 388, 390, 402 ; quartered at the city barracks, 403 ; to embark on the Asia, 413, 415 ; ordered to remain in the city, 416 ; to embark, 417, 418, 423 ; the baggage of his com mand seized, 425 ; complains of the behaviour of the citizens, 426, 427. Hamilton, James, lieut. -gov. of Pa., informed of the death of gov. de Lancey, i 2 ; to arrest sailors of the Sampson, 12 ; to proclaim George III., 57 ; defines the boundary of Pa., 242. Hancock, John, arrives at New York, ii. 414, Hansen, John, applies for the clerkship of Albany, i 444, 445 ; charged with stealing money, 463 ; mentioned, ii. 331. Hardenbergh, Col. Johannes, com manding the first Ulster regiment, to protect the frontiers, i. 222, 223 ; to enlist men, 253, 254. Hardy, Sir Charles, governor of N. Y., his commission, i. 3, 17; instruc tions to, 104, 105, 133, 136, 156 ; on his way to America, 108 ; expence of living at N. Y, 134, ii. 87; men tioned, 311. Hardy, Josiah, appointed gov. of New Jersey, i. 141. 490 INDEX. Harpur, Robert, receives grant of lands between Fort Edward and Lake George for Irish settlers, i 315, ii. 330, 331. Harriot, packet ship, capt. Robinson, i. 39, 64, 72, 86, 461 ; ii. 157. Harrison, George, notary public, men tioned, i 418. Hartford, Fort Hope built near, i. 289 ; first settlement of, 301, 303 ; assist ance furnished from, to capture Ti conderoga, ii. 415. Hartwick, John C. , applies for Mohawk lands, i. 71. Haskall, John, Indian conference at his house near New Windsor, i. 247. Havana, supplied by the colonies with provisions, i. 209 ; trade opened with, 339. Hawker, James, capt. of H. M. sloop Sardine, .arrives at N. Y., i. 251 ; claims prize money, 281, 282, 297. Hawke, H. M. sloop, at N Y, i 375 ; cruising for smugglers, 398. Hendrick, Wamash, an Indian, claims land at Fishkill and Poughkeepsie, i. 247. Henry, Patrick, commissioner from Virginia for regulating the Indian trade, arrives at N. Y., ii. 225. Henshaw, Joshua, a, selectman of Boston, applies for relief for the sufferers by the fire, i. 19. Hermanus, a Mohawk Indian, taken to England by Geo. Klock, i. 443 ; returned from London, ii 3, 13. Herring, Capt. , goes to Albany, i. 41. Hicks, Whitehead, clerk of Queens Co. , report of fees, i. 390 ; his opinion on the right of appeal re quested, 415 ; mayor of N. Y., he informs Colden of the punishment by the populace of revenue inform ers, ii. 189 ; powerless to protect British soldiers from insult, 427. Higgins, John, alias Blair, a native of Alexandria, Va., sentenced to be hung for counterfeiting, i. 165, 166. Hillock, Capt., commands the Ben nington rioters, ii. 361. Hillsborough [Wills Hill, 1st], Earl of, secretary of state, assists Lady O'Brien to obtain land in N. Y., i. 399 ; finds fault with Colden, ii. 8 ; Secretary for the colonies, 178; urges the payment of Colden's claim for salary and losses, 179, 180, 183, 185 ; informed of the death of gov. Moore, 185 ; suggests a compromise between Dunmore and Colden,. 320 letters to, on public affairs, i. 345. 399 ; ii. 5, 12, 14, 166, 173, 185, 187, 190, 191, 193, 194, 197, 199, 207, 219, 221, 224, 225, 227, 228, 231 250, 325; mentioned, ii. 21, 203 231, 236, 237, 239, 255, 271, 272, 302, 306, 328, 329. Hilyer, John, sheriff of Richmond Co., report of fees, i. 390. Hindsdale township, the land in, claimed by N. H, 408. Hispaniola, supplies Cuba with sugar. i. 51 ; illicit trade with, 195, 204 Cruger's sloop captured at, 368 mentioned, 372, 459. Hodgson, Maj.-Gen. S., captures Belle isle, i. 99. Hogan, Major William, accepts the commission of captain, i 124 ; re quests pay for his company at Fort Ontario, 224 ; a detachment at De troit, 228, 229 ; at Albany, his men to be continued in service, 275. Hogstrasser, Paul, petitions for land, ii. 331. Holdernesse, Robert [D'Arcy, 4th], Earl of, approves the appointment of judge Chambers, i. 24. Holland, illicit trade with, i 230, 259 ; ii. 78,' 133, 138, 370, 371, 375. Holland, Henry, master in chancery, report of fees, i. 390. Holland, Lord [Henry Fox], land granted to, in N. Y., ii. 6-i2, 15, 16, 17-19, 21. Holland, Capt. Samuel, surveyor- general of Quebec, dissents from the settlement of the boundary line be tween N. Y. and N. J., ii. 190. Holt, John, his newspaper the organ of the opposition to government, ii. 74, 100; reprints a pamphlet en titled The Conduct of Cadwallader Colden, etc.. ii 132, 137, 147, 151, 161, 171. Hood, Zacharias, stamp distributor for Maryland, seeks refuge in the fort at New York, ii. 33, 34, 35. Hoornbeck, Cornelius, proceedings of, with the Delaware Indians, i. 142. Hope, brigantine, her voyage to Africa for cargo of slaves, i. 371, 475. Hope, ship, commanded by capt. Davis, arrival of, from London, ii. 117. Hopkins, Stephen, gov. of R. I., in formed of the death of gov. de Lancey, i. 3 ; to arrest sailors of the INDEX. 491 Sampson, 12 ; proclaims Geo. III. , 57. Horsmanden, Daniel, a candidate for chief -justice of N. Y., i 13; judge of the supreme court, 17, 23 ; speaker of the council, 147 ; refuses to act, 171, 174, 175, 189 ; accepts commission during the King's pleas ure, 183, 190 ; mentioned, 207 ; ap pointed chief - justice by gov. Monckton, 218 ; his long service in the council, 232 ; memorial on the boundary, 245 : reported removal of, 336; his fees of office, '354, 373, 389, 390 ; his opinion in Forsey vs. Cunningham, 395, 396, 407-415, 421, 422, 428, 431, 433, 435, 437; • long residence in the colony, 414; his removal recommended, 422, 455, 458, 462 ; refuses advice on the arrival of stamped papers, ii. 48 ; a needy lawyer who dubbed Colden "the rebel drummer," 64; his judg ment and integrity questioned by Colden, 94 ; charges the.grand jury to indict Colden for libel, 123, 137, 147, 151, 162, 172; his past life re ferred to, 142, 145 ; and removal urged, 174 ; proposed as judge in the suit of Dunmore vs. Colden, 250 ; very infirm and cannot hold out much longer, 320 ; a member of the council 1775, 379 ; not qualified for the office of chief -justice, 434. Hough, Rev. Benjamin, justice of the peace for Charlotte Co., testifies against the N. H. rioters, ii 358 ; seized and flogged, 296. Houlton, John, capt. of H. M. ship En terprize, i. 194, 195, 201. Hudson's River, settlements to be made on the, i 66 ; western trade through, 67 ; men enlisted along the, 92 ; the King's right to the land on the east side of, 96, 172, 173; commerce on, 234 ; officers petition for lands on, 283, 292, 300; com merce of N. H. must be carried on, 305, 317; number of falls not known, 393 ; smuggling on, ii. 22; its military importance, 388, 390 ; not less than 24 feet of water for 100 miles above N. Y., 388; to be protected by fortifications raised by the Americans, 416, 420; men tioned, i 233, 236, 237, 239, 240, 241, 285, 288, 289, 291, 292, 293, 300, 366, 377 ; ii. 197. Hun, Thomas, mentioned, ii, 331. Hunkamay, Abraham, murders an Indian at Kinderhook, i. 207. Hunter, Robert, governor of N Y., his instructions, i. 134, 203 ; men tioned, 373 ; ii. 311. Hussar, H. M. ship, mentioned, ii. 187. Hchester [Stephen Fox Strangways, 1st], Earl of, land granted to, ii. 6- 12, 15, 16, 18, 19, 21. Illinois, 22d regt. destined for, com pelled to return, i. 329, 330 ; French governor furnishes ammunition to the Indians, 336 ; influence of the French in, 443 ; Indians taken pris oners by the English, ii. 27. Indians, lands purchased from, in the province of N. Y. , i 9, 130, 131, 143, 160, 177, 178, 179, 181, 182, 185, 198, 324, 366. 377, 378, 379, 385, 400, 401, 406, 444; ii. 7, 21, 69 ; to learn hu manity from the English, i. 25 ; consume a great quantity of Brit ish goods, 53 ; not to be de ceived in selling their lands, 70, 71 ; the grant of land by the Mohawks to Sir William Johnson, 70, 87, 94^96, 130, 179, 444 ; ii. 9, 10, 17, 19, 21 ; murder committed by the Oneidas, i. 94 ; a licence necessary to purchase lands from, 95, 96 ; re- | ligion to be protected among, 143 ; erect stone heaps to the memory of deceased sachems, 172 ; depreda tions of, on the Delaware river, 180 ; Braddock's defeat the cause, and the fall of Quebec the end of the war with, 181 ; trouble expected with, 217 ; to be protected by gov ernment, 221 ; troublesome on the frontiers, 222, 223, 248, 272 ; de feated by gen. Amherst, 226 ; ar rested near Tappan, 227 ; and con fined in the N. Y. jail, 227, 248, 358 ; interpreters in N. Y. city, 227 ; claim lands at Fishkill and Mini- sinck, 248 ; invade the counties of Orange and Ulster, 2)0, 251 ; troops raised for their suppression, 251- 255, 260, 266, 284 ; misconduct in their management, 260 ; Quakers at Phil, disapprove of hostilities against, 266 ; lack of powder makes them friendly, 267, 269, 272, 307 ; incited by the French against the English, 269, 270 ; ask for peace at Detroit. 267, 268, 273. 274 ; murders committed by, 267, 268 ; not cheat ed by the English, 270 ; trade with, 492 INDEX. 274, 276, 329, 330, 356, 357, 369, 380, 381, 383, 384, 385, 419, 420, 441, 461 ; ii. 13, 184, 206, 210, 214, 218, 222, 225 ; reasons for asking peace, i. 276 ; on the Susquehannah to be punished, 277 ; to be sent from Phil, to N. Y., 277, 278, 279, 311; the Five Nations attack the Dela wares, 284, 314 ; they prevent set tlements in N. Y., 287, 401 ; to de stroy each other, 307 ; agriculture the only civilizer of, 308 ; defeated by Johnson at Canestio, 311, 314 ; never deliver prisoners, 314 : desire peace, 322, 327, 328 ; Delawares and Shawanese hostile, 327 ; aU lands to be purchased by the governor, 324 ; a congress of Western, meet at Ni agara, 336, 348 ; depredations on Va. and Pa., 336; supplied by the governor of Illinois, 336 ; peace with the Senecas, 356, 365 ; sale of rum prohibited, 369, 381, 383 ; gar rison and trading posts proposed, 380 ; ashamed to lie, 382 ; lead an ambulatory life, 382 ; traders of low character cheat them, 383 ; their love for rum, 383 ; sale of swan shot to, prohibited, 384 ; revenue on pelt ries, 384 ; hold no property by in heritance, 392 ; ignorant of English measure, 392 ; expense of locating their land more than its value, 400 cessation of hostilities, 419, 441, 442 influence of the French with, 443 no land to be taken by gift from, 444 two Mohawks returned from Lon don, ii. 3, 4, 13 ; the Shawanese at Fort Pitt, 4 ; the Delawares desire to treat with the Quakers, 4 ; lands cannot be held on an Indian title only, 7 ; peaceable, 13 ; the Six Na tions assume to direct affairs, 19; danger of their uniting, 20 ; a negro and a German assist them, 23 ; Croghan and Fraser sent to pacify the Illinois, 27 ; their names of places, known but to few whites, 69 ; a boundary line to be fixed, 184 ; critical state of the Va. frontiers, col. Guy Johnson to succeed Sir William Johnson as superintendent of Indian affairs, 350, 352, 363 ; a new treaty formed, 354 ; two Sene ca's charged with murdering French men, 356 ; Canadian, prevent set tlement of lands in N. Y, 365; complain of George Klock, 379, 380. Ingersoll, Jared, requests Colden to secure the stamps for Conn. , ii. 32 ; their arrival, 50, 52. Ingoldsby, Richard, lieut. -governor of N. Y., mentioned, ii. 311. Insurance offices in N. Y., i. 93; British insurers defrauded, 118. Ireland, trade with the colonies, i. 50 ; emigrants from, settle on lands between Fort Edward and Lake George, i. 315 ; judges not allowed , seats in house of commons, ii. 208. Isle, Royal, mentioned, i. 178. Izard, Ralph, husband of Alice de Lancey, visits London, ii 328. Jacobson, Capt., sails for Charleston, i. 62. Jamaica, L. I., mentioned, i 90; Col den meets military officers to dine at, ii. 65 ; suit of Rev. Joshua Bloomer of Grace Church, 337. Jamaica, W. I. , mentioned, i 90, 93 ; vessels to, 195; supplied with pro visions, 210. James, Major Thomas, of the royal artillery, puts Fort George in order, ii. 35, 44, 125 ; threats to bury him - alive, 53 ; the mob destroy his house, VauxhaU, 54, 65, 75, 80 ; and threat en his life, 54; he sails for England, 56 ; his services, 58, 60 ; memorial for his loss of property, 59, 60 ; in formed of events in N. Y., 64 ; gov. Moore orders the artillery he mount ed in the fort to be removed, 66 ; ordered by gen. Gage to defend Fort George, brave and humane, 76 ; the assembly take no notice of the de struction of his property, 87 ; his arrival in London, 94 ; informs Col den of the repeal of the stamp act, 108 ; his recompense for damages, 109, 113, 177 ; charged with fortify ing Fort George without the knowl edge of gov. Colden, 177, 458 ; his intemperate speech, 177 ; he returns to N. Y., 177. James, Margaret (de Peyster), wife of major James, sails for England, ii. 60 ; her interest in the gardens of Vauxhall, 65, 109. James, ship, arriving from Glasgow, after the time limited by congress, she proceeds to Jamaica to unload, ii. 384, 387, 389. Jauncey, James, petitions for land, ii. 331 ; supports the government in the assembly, 391. INDEX. 493 Jay, John, delegate to the congress at Phil., ii. 346, 348, 352, 360. Jedburgh, Lord, mentioned, ii. 63, 64. Jeffers, Capt. of the Halifax packet, i 164. Jessup, Edward, his land purchase, ii. 338, 342. Jesuits, a dangerous society, their im mense possessions iu Canada, i. 307. Johnson, Ben., servant to governor Tryon, ii. 332. Johnson, Col. Guy, son-in-law of Sir William Johnson, to be his succes sor as superintendent of Indian af fairs, ii. 350, 352; concludes a treaty, 354 ; directed to liberate Indian prisoners, 356; anxious about his appointment, 363 ; a member of assembly, 379; to present Indian affairs to that body, 380 ; absent from the assembly, 391 ; mentioned, 407. Johnson, Sir John, his commission as capt. .delayed, i. 248, 250; applies for a grant of land, 284, 315, 324 ; expedition against the Indians, 324 ; certificate for 2,000 acres of land, ii. 27 ; has no inclination to be super intendent of Indian affairs, 352 ; mentioned, 354 ; in N. Y. city, 404 ; recommended by Colden for a seat in the council, 362, 368 ; to com mand the northern militia, 362. Johnson, Lady Mary (Watts), wife of Sir John, mentioned, ii. 363. Johnson, Samuel, D.D., a, friend of Colden, ii. 237. Johnson, Simon, recorder of N. Y. , to arrest suspected Indians, i 227. Johnson, Sir William; superintendent of Indian affairs, arrives at Oswego, i. 4 ; Colden renews friendly inter course with, jjl ; his gift of land from the Mohawks, 70, 87, 94, 95, 96, 130, 179, 444 ; ii. 9, 10, 17, 19 ; displeased that capt. Farel was not appointed sheriff of Albany, 94, 96, 131 ; re turned from the council at Detroit, 130 ; a church established among the Mohawks, 131, 142 ; fraudulent practices in obtaining Indian lands, 143 ; prosecutes George Klock, 182, 185 ; his powers as superintendent, 185 ; informed of gov. Monckton's departure for England, 216 ; his zeal in protecting the frontiers, 221, 249 ; presents the claim of Wamash. for land at Fishkill, 247 ; enlistment of men for the defence of Schoharie and Cherry Valley, 256, 268 ; the Indians peaceable, 267 ; treats with the Five Nations, 269, 270-73, 284, 306 ; regulations of Indian trade, 276; his management approved, 278 ; Indians forwarded to, from Pa., 278, 310, 311 ; recovering from an indisposition, 283 ; suggests the establishment of an English bishop in Canada, 307 ; defeats the Indians at Canestio, 311, 315 ; his influence with the Six Nations, 311, 314 ; con ference with the Chenussios, 315 ; sends capt. Bull a prisoner to N. Y. , 315 ; sends parties of the Five Nations against hostile Indians, 319, 321, 322, 327, 328; complimented by Colden for his great services, 324 ; who arranges to grant him land, 325, 357 ; expects peace with the Western Indians, 327 ; at Niag ara to attend a conference, 329, 336, 348, 356, 365 ; his extraordinary abilities, 336 ; concludes a peace, 365 ; speech to the Indians, 369 ; success of his petition for land doubtful, 370 ; the assembly doubt his testimony, 378 ; cannot take his seat in the council, 390 ; his inter est in the Kayaderosseras patent, 406, 477 ; informed of col. Bou quet's success, 420 ; displeased with col. Bradstreet, 440; in the prime of life, 443 ; purchases land, 444 ; to appoint a secretary of Indian affairs, 444 ; 462, 463 ; opinion of Indian trade, 461 ; uneasiness of the Mohawks, 473 ; Cadwallader Colden, Jr. , to survey his land^ii 4 ; secures the land desired by the earl of Echester, 9, 10, 12, 17, 19, 21 ; his public services, 10, 17, 184; his presents to the Mohawks in 1760 worth 1,200 pieces of Eight, 18; congratulated on his success in mak ing peace, 19 ; gives his son John a certificate for land, 27 ; required at N. Y. , 28 ; regulations of trade with the Indians, 184, 222, 225; death of, 349, 351, 362, 379 ; he deserved much for his great and indefatigable services, 369 ; mentioned, i. 223, 227, 252, 275, 310, 323, 324, 3G2 ; ii. 201, 356, 357 ; letters, from Colden, i 31, 57, 70, 95, 130, 142, 143, 185, 198, 216, 221, 247, 249, 256, 267, 276, 278, 283, 311, 315, 324, 329, 278, 379, 405, 420, 442, 444, 445 ; ii 3, 12, 19, 27, 183. 494 INDEX. Johnson, William Samuel, agent for Conn, in London, to act for Colden, ii. 235, 236, 337, 254-5, 318, 321, 322, 328 ; a son of Rev. Dr. John son, 237 ; to leave London, 319, 329 ; a candidate for chief justice of N. Y, 320 ; to be paid handsomly, 322. Jones, David, judge of the supreme court, refuses to act, i. 171, 174, 175, 189, 434 ; accepts commission during the King's pleasure, 183, 190 ; appointed puisne judge, 218, 455 ; mentioned, 373 ; to give an opinion on the right of appeal to the crown, 435, 440. Jones, Nathaniel, appointed chief -jus tice of N. J., i. 35. Joseph, a Mohawk Indian, taken to England by George Klock, i. 443 ; returned from London, ii. 3, 4, 13. Jove, si oop, captured by the French at Hispaniola, i. 368. Kayaderosseras patent, attempt to vacate it, i. 369, 378, 379, 392, 406, 477 ; ji 7,~20, 21 ; its boundary un- knownTi 393; near Albany, 400; settlements made on, 473. Kelly, William, gives bond for Waddel Cunningham, i. 416. Kemble, Samuel, naval offier at N. Y. , mentioned, ii. 333. Kempe, John Tabor, attorney-general of N. Y., to prosecute smugglers, i 20, 27, 30, 204; the crew of the Sampson, 31 ; difficulties in draft ing land patents, 64 ; his character, 191 ; to examine papers of French prisoners, 199 ; to conduct a murder case, 207 ; his services unsatisfac- / tory, 231 ; performs his duties with v diligence and fidelity, 254; advises capt. Hawker, 282, 297; instruc tions to his deputy at Albany, 295 ; doubts the legality of Apthorpe's ; mandamus, 327, 328 ; opinion in re- -j gard to the Van Rensselaer patent, 377 ; office expenses, 389 ; fees, 390 ; furnishes a list of public instru ments to be taxed, 405 ; his opinion as to the right of appeal to the crown, 415 ; grant of the assembly to, 424, 436, 439; refuses to assist *i Colden, 451, 458 ; who recommends his removal, 455, 462; ii. 62; his examination of the Minisinck patent, ,i 13, and Langhorne case, 14; to va cate the Kayaderosseras patent, 20, 21 ; power of the governor to grant lands, 24, 25 ; the times not suitable for libel trials, 36 ; brings a suit on behalf of gov. Dunmore against Colden for fees of office, 234, 236, 239-329; his argument for Dun more, a work of necessity, 316 ; sug gested for a seat in the Council, 352. Kenmare, Lord, mentioned, ii. 64. Kennedy, Archibald, collector of cus toms for N. Y. , mentioned, i 45 ; makes a list of exports and imports. 27, 36 ; to report the commerce of N. Y., 121; death of, 218, 219. Kennedy, Capt. Archibald, R. N., arrives at N. Y., in command of the frigate Coventry, i. 251 ; purchases a tender to cruise for smugglers, 376 ; to protect the vessels bringing stamped paper, ii. 29, 47, 49, 52, 463 ; requested to send his marines to Fort George, 53 ; the people wish him to take charge of the Btamps, 80 ; he refuses, 81 ; his property in N. Y. , 81 ; asked by the council to put the stamps on board the Coven try, 102, 463; he declines, 103, 104, 463 ; for which he was removed from command, 103, 129 ; visits England, 103. Kennedy, Anne (Watts), wife of capt. Kennedy, mentioned, ii. 103. Keppel, Admiral Augustus, captures Belleisle, i. 99. Ketcham, John, a, shoemaker, gives information of a riot, ii. 53. Kinderhook, murder of an Indian at, i. 207. Kinderhook creek mentioned, i 172. King Fisher, H. M. Bloop of war, on the N. Y. station, ii. 384, 390, 402; arms removed on board, 404, 407. King George, ship, furnished with sig nals, i. 21. King Thomas, a chief of the Onnagon- gues, leads a party against the Delawares, i 319. King's Arms tavern, mentioned, ii. 33, 35. King's Bridge, fortification to be erect ed at, ii. 416, 420. King's College, petition for land, ii. 199 ; applies for a charter, establish ed on the principles of the church of England, 355 ; attempt to seize Dr. Cooper, the president, 421. Kings County, Indian prisoners to be transferred to, i. 358 ; the clerk, S. Boreum, and sheriff, J. Vanderbilt, report their official fees, 390. INDEX. 495 Kingston. N;. Y., Delaware Indians at, i. 142, 143. Klock, George, charged with defraud ing the Indians of lands, i. 70, 131, 143, 182, 185, 198 ; induces two Mo hawk Indians to accompany him to Europe, 443 ; they are returned by Geo. III., ii. 3, 13; his repeated villainies towards the Indians, 354. Knoulton, Luke, land granted to, ii. 348. Knox, William, his defence of the Quebec bill reprinted at N. Y., ii. 368. La Corne, St. Luc, accused of inciting the Indians in the late war, i. 269. Lady Gage, ship, arrival of, ii. 378. Lake Champlain, woodland on its banks, i 382 ; mentioned, ii. 69 ; land granted at, 366. Lake Erie, the western boundary of N. Y., i. 239; troops wrecked on, 268 ; Indians surrender the lands between, and Lake Ontario, 315 ; mentioned, 381. Lake George, the Dellius patent on the west side of, i. 95, 96 ; grant of lands at, 312 ; all the lands between, and Fort Edward granted to Robert Harpur for Irish settlers, 315 ; re duced officers receive grants of land at, 360, 366, ii. 32 ; mentioned, 60. Lake Huron mentioned, i 380. Lake Iroquois mentioned, i 380. Lake Ontario, military movements on, i. 4 ; the western boundary of N. Y., 239 ; Indians surrender all lands be tween, and Lake Erie, 315. Lake, Robert, petitions- for land, ii. 331. ^ Lamb, John, unpopular, ii. 361, 367.v- Land Grants in the province of N. Y. , i. 95, 96, 145, 156, 157, 158, 160, 215, 225, 230, 238, ,244, 245, 262, 281, 283, 292, 300, 305, 312, 315, 316, 318, 324, 331, 332, 345, 846, 357, 360, 363, 366, 370, 377, 378, 379, 385, 387, 388, 392, 397, 400, 401, 402, 406, 477; ii, 1, 4, 6,7, 8, 9, 11, 12, 13, 17, 20, 24, 25, 32, 68, 69, 71, 84, 112, 127, 196-98, 330, 331, 335, 337, 339, 342, 348, 360, 365. Langhorne, Lieut., commander of the Chaleur, ii. 14. Larpent, John, clerk in the secretary of states' ofiice, mentioned, i 267, 326, 327, 328. Lassalle, Thomas, captain of the Ami able SuBete, puts into N. Y. in dis tress, ii. 186. Laury, Capt., see Loring. Lawrence, Adam, sheriff of Queens Co. , report of fees, i 390. Lawrence, Charles, gov. of Nova Sco tia, informed of the death of gov. de Lancey, i. 3 ; proclaims George III., 57. Lawrence, Effingham, capt. of the Earl of Dunmore, ii. 328. Lawrence, Jonathan, master of sloop Live Oak, i. 339. Lee, Thomas, captain of H. M. sloop Tamer, i 72, 75, 78, 81. Leutwidge, Capt. of the General Wall packet, i. 11, 13, 63, 64. Leverich, Benjamin, imprisoned at Porto Rico, i 372. Lewis, John, capt. of the snow Bell- Savage, i 155, 164. Lexington, effect of the battle of, ii. 402-419 ; gen. Gage'si account of the affair sent to Colden, 414. Life, Thomas, acting for Colden in London, ii. 329. Lindsay, John, granted land, i. 71. Live Oak, sloop, sails for Vera Cruz, i 339. Liverpool, trade with, i 52. Livingston, Henry, clerk of Dutchess Co., report of fees, i 390. Livingston, Col. Peter R., evades the customs rules, i 446; a leader of the opposition in the assembly, ii. 386, 398. Livingston, Peter Van Brugh, com- — missary and paymaster to the N. Y. forces, i. 224, 229. Livingston, Philip, defrauds the In diana in purchasing lands, i. 70 ; ships naval stores, 21 1. Livingston, Philip, Jr. , private secre tary to Sir Henry Moore, ii. 188 ; a delegate to the continental con gress, 346, 348, 352, 360. Livingston, Robert, encroachments on his manor, ii. 26. Livingston, Robert R., appointed a puisne judge of the supreme court, i. 218 ; requested to give his opinion on the right of appeal to the crown, 415; refuses to admit an appeal, 434 ; his reasons, 440, 452 ; heir to a great landed estate, 452 ; ii 67 ; his removal recommended, i. 455, 458, 462; principal director in opposing the stamp act, ii 67 ; induces the 496 INDEX. grand jury to indict Colden for libel, 133, 137, 147, 152, 162, 172 ; calls the attention of the assembly to Colden's pamphlet, 139, 143, 154, ¦157, 162, 172; a violent assailer of Colden, 167, defeated for the as sembly, 168 ; his position of judge debars him from the assembly, 208, 209 ; the king rejects the bill, 221, 226, 230 ;• advises the withdrawal of troops from N. Y, 217 ; his opin ion in the ease of Dunmore vs. Colden, 326, 327. Livingston, William, interferes with Colden, i. 187. Lockyer, Captain of the East India company's ship Nancy, arrives at Sandy Hook, and returns to Eng land, ii. 334, 336 London, trade with, i 52 ; a writ of error does not lie in, 442 ; merchants of, request the Americans to submit to parliament, ii. 111. ' London, packet, capt. Baker, men tioned, i. 99 ; a ship arrives with tea from, ii. 334. Long Island, troops ordered to, i 40, 41 ; granted to Duke of York, 238 ; mentioned, 289, 293 ; frequented by smugglers, 375 ; the east end of, settled from Conn. , ii. 350 ; some districts not represented in the pro vincial congress, 419. Long Island Sound, jurisdiction over the islands in, claimed by Conn. , i. 466. Lord Hyde, packet ship, mentioned, ii. 207. Loring, Capt. Joshua, commands the snow Onondago on lake Ontario, i. 4. Lotbiniere, Michel Chartier de, gov ernor of N. Y. not to grant lands claimed by, i. 360, 366, 399, 400, 472 ; informed that his land has been granted to reduced officers, ii. 31. Lothian, Marquis of, mentioned, ii. 64. Lott, Abraham, his commission of treasurer of the province of N. Y. does not contain the name of the King, ii. 168. Low, Abraham, Jr., sheriff of Ulster Co., report of fees, i. 390. Low, Isaac, delegate to continental congress, ii. 346, 348, 352, 360. Ludlow, Cary, deputy register of the ordinary and prerogative court, ii. 349 ; acts as surrogate, 852. Ludlow, George D., judge, of the su preme court, a, friend to the gov ernment and a man of genius, ii. 230 ; his opinion in the suit of Dun more vs. Colden, 326. Lutheran Church friendly to the gov ernment, ii 211. Lydius, John Henry, claims a million acres of land, i. 65, 238, 244; his character, 66. McBussell, William, captain of the ship Beulah from London, ii 385 ; a man of spirit, 387; to sail for Halifax, 389. McCarthy, Capt., a French officer on parole, i. 90. McClean, Lachlan, under secretary of state, informed of Colden's loss of salary and damages by the mob, ii. 131 McDonald, Capt., mentioned, i. 426. McDonald, Lieut. James, applies for a tract of land, ii. 24, 25 ; granted, 26. McDougal, Alexander, imprisoned as the author of an address To the Be trayed Inhabitants of ]V. T., ii. 211 ; imitating Mr. Wilkes, he refuses bail, 212; indicted for libel, 218; the Wilkes of N. Y., proposed as a delegate to congress, 346, 348, 352 ; his unpopularity, 361, 367. McEvers, James, appointed distributor of stamps at N. Y., he resigns, ii. 27, 28, 29, 31, 34. 35, 50, 457, 458 ; receives no instructions, 52. McLean, Col. Alan, arrives at N. Y. with a secret despatch to recruit a regiment, ii. 426. McNab, Hugh, petitions for land, H. 331. Mcintosh, Brig.-Gen., mentioned, ii 63. McPherson, Donald, petitions for land, ii 331, Mairs, Arthur, agent for Colden in London, ii. 235, 237, 239, 254, 277, 316, 319, 323, 328 ; formerly gen. Amherst's secretary, 237 ; his con duct satisfactory, 321. Mansfield, Lord, informed of the pub lication of Colden's pamphlet, ii 146, 154. Marselis, Gysbert G., mentioned, ii. 331. Marsh, Witham, clerk of Albany and secretary of Indian affairs, death of, i. 444, 462, 463. INDEX. 497 Martinico, a transport captured and brought to, i 97 ; the French re move to the mountains, 99 ; Monck ton organizes an expedition against, 116, 118, 145, 155 ; ii. 437 ; cap tured, i. 183 ; Accadians to be re moved from N. Y. to, 333, 334, 337 ; mentioned, 425. Maryland, the distributor of stamps, attacked, ii. 33-35 ; great revenue from quit rents, 113; a plan for the regulation of the Indian trade recommended to, 207, 210, 215 ; its failure, 222 ; resolutions passed at Annapolis in favor of stopping all exports to Great Britain, 345 ; advocates extreme measures m con gress, 374. Massachusetts, George III. proclaimed in, i. 55, 57 ; the boundary of, with N. Y., 66, 68, 160, 232-236, 239-241, 280, ?86, 289, 290, 291, 298-306, 394, 395, 460, 475 ; charter of, 67, 68 ; King William's grant to, 160 ; salary of lieut. -gov., 163 ; refuse gen. Gage's requisition for men, 284, 309 ; charter declared void, 302 ; bill of costs in, not to exceed £20, 432 ; mentioned, 472 ; people from, settle on the N. H. grants, ii. 15, 16 ; and the Livingston manor, 26 ; tbe assembly invite a congress to meet at N. Y, 35, 91 ; refuse to provide for the British troops, 188 ; the merchants desire a non-importa- ¦ tion agreement, 193 ; to unite with the southern colonies, 388 ; rioters carry prisoners from N. Y. into, 397 ; the example of, incites riots, 398, 400, 407; travellers towards the N. H. grants examined, 410 ; troops to be sent on the borders of, 411 ; assists in the capture of Ti conderoga, 415, 422. Maunsell, Lieut.-Col. John, an half- pay officer, goes to England, ii. 404; for eleven years a resident of N. Y., 405, Mathews, David, clerk of Orange Co., report of fees, i 390. May bee, Mr., his petition in regard to the Indians, i. 406. Mecklenburgh Stroelitz, Duke of, mentioned, i. 115. Mediterranean passes for vessels is sued at N Y, ii. 331; 344. Melville, Robert, governor of Granada, mentioned, i. 93. Merchants' coffee house, placards 32 against the stamp act posted in, ii. 61, 460 ; Gov. Moore visits the, 112 ; public affairs discussed in, 167. Mercury, H. M. ship, Pearson, the mate, commits murder, i. 43. Mercury, packet ship, sails for Eng land, ii. 332. Merrimac River mentioned, i. 289. Merselius, Guisbert, recommended as sheriff of Albany, i. 86, 87. Mesnard, T. , captain of the ship Lady Gage, ii. 378. Mexico, letter to the vice-roy of, i. 339. Miamis River, mentioned, i. 381. Michilimakiuac, post to be continued ¦ at, i. 274. Miller, Godfred, granted land, i. 71. Miller, Thomas, Captain of the ship Britannia, ii. 328. Miller, a seaman, murdered at Sene gal, i. 371. Minisinck, Margery West captured at, i. 248 ; bounds of the patent, 403 ; settlements on, 404 ; memorial and map of, 477 ; intrusion of set tlers on crown lands, ii. 13. Missilimakinack, proposed as a trad ing station, i. 380, 385. Mississippi River, trade fiom New England to, i. 28 ; the North West ern Indians invited to the west side of, 274 ; posts on, 381, 386. Mobile, trade with New England, i 28. Mohawk, a snow commanded by capt. Phips, i. 4. Mohawk castle, lands near, mentioned, i 142 ; ii. 17. Mohawk country, troops sent to, i. 284, 308 ; mentioned, ii. 6, 21. Mohawk Indians, make a gift of land to gen. Johnson, i 70, 87, 94-96, 130, 179, 444 ; ii. 10, 17, 19, 21 ; claim land at Lake George, i 95 ; purchase of land from, 96 ; allowed to build a church at Canajoharie, 97 ; land near their castle for the use of the minister, 131, 142 ; method of pur chasing land from tbe, 178 ; loyal to the province of N. Y., 180; de frauded of lands, 180 ; their villages and hunting grounds, 181 ; com plaints of, in regard to land, 182 ; mentioned, 227 ; difficulty in arrang ing trade with, 369 ; habitations intermixed with the Christians, 383 ; sell lands to the city of Albany and burn the deed, 393 ; two of the tribe going to Europe, 443 ; uneasy at 498 INDEX. settlements in the Kayaderosseras patent, 473, 474, 477 ; the two taken to England returned by order of the King, who forbid their exhibition, ii. 3, 4 ; Germans seize two, for the purpose of exhibiting them in Ger many, 13 ; receive presents from Gen. Johnson, 18. Mohawk River, settlers invited, by proclamation to locate on, i. 64 ; patent for lands on, 71 ; settlements on, 178, 181, 183 ; troops- for their defence, 260, 266, 284; all lands near, patented, ii. 9, 12, 19. Monckton, Gen. Robert, governor of N. Y., at Phil., i. 91 ; commissioned governor and his arrival expected, 85, 100, 107, 109, 113, 121, 122; his arrangement with Colden as to sal ary as lieut. -gov., 129, 130, 139, 204, 347. 387, 426 ; publishes his commission, 132 ; and delivers the seals to Colden to act in his absence, 132, 135 ; dislike for Colden, 137 ; assumes the government for 18 days, 137 ; has no instructions from the King, 137, 138 ; mis understanding with Colden, 139, 140, 188 ; informed of the condition of affairs in N. Y , 144, 215, 246, 285, 321 ; in bad health when he left N. Y., 154 ; instructions in re gard to land grants, 156 ; King's in structions to, received by Colden, 160, 183 ; captures Martinico, 183; ii. 300, 437 ; arrives at N. Y., and re sumes the government, i. 2l3, 214 ; indisposed, he returns to England, delivering the seals to Colden, 216, 217, 218, 220 ; appoints judges for the supreme court, 218 ; ii. 155, 156, 159 ; land grants made by, i 225, 226, 263, 264, 315, 345 ; repre sentation of the council to, on the boundary of N. Y., 232, 238 ; his return to N. Y. expected, 285, 421 ; informed of the appeal controversy, ii, 2 ; his instructions from the King, 66 ; bis resignation as gov ernor, 96 ; John Watts, his agent, -96 ; mentioned, i. 40, 86, 87, 96, 119, 224, 232. 246 ; ii. 87, 311. Moneypenny, Major, to command troops sent to S. C, i. 43. Montagu, Captain James, commander of, H. M. sloop King Fisher, re quested to protect vessels and en force the King's prohibitory procla mation, ii. 384, 385, 390, 402 ; arms sent on board his vessel for safety, 404, 407. Montgomery, Archibald, lt.-eol. of the 77th regt. , returns to England, i. 43. Montgomery, John, gov. of N. Y., his death mentioned, ii. 232, 266. Monto Christo, opened to the English trade, i 51 ; mentioned, 371. Montreal, mentioned, i 360, 380 ; ap peal for the relief of the sufferers by the fire in, ii. 43. Montresor, John, captain of engi neers, visits England, ii. 119. Moore, Sir Henry, governor of N. Y. , lieut. -gov. of Jamaica, 1 92; ap pointed governor of N. Y. , ii. 37, 45, 433 ; his arrival expected, 38, 43, 44, 46,49, 51, 52, 63; his arrival, 64, 80, 243, 282, 452, 465; dismantles the fort and ingratiates himself with the people, 66 ; despatches to the board of trade, 78; assumes con trol of the government, 81, 83, 84 ; voted a salary by the assem bly, 87, 89 ; Colden transmits his opinion of affairs to, 93, 94; empowered to suspend public offi cers, 95 ; seeks to soothe the people, 98 ; his disagreement with Colden, 101 ; accused of yielding to the mob, 107 ; Colden presents his bill to, for damages, 109, 181 ; calls for military assistance to reduce the riots, 111 ; wears a homespun coat, the badge of faction, 112 ; visits the coffee house, 112 ; mentioned, 114, 231, 233, 311, 460, 462; issues a proclamation, June 20, 1766, for the apprehension of William Pen- dergast and others, charged with high treason, 115; acts oddly, 118 in concord with the assembly, 126 trouble with N. H. settlers, 127 treats Colden with neglect, 144 profits by Colden's experience 152 ; represents the equity of Col den's claim, 179, 189, 432; his death, 185, 187, 243, 283 ; his fees for land grants, 198 ; not partial to secretary Banyar, 229 ; his instruc tions from the King, 241, 258, 262, 291. Morrison, Hugh, petitions for land, ii. 330. Morris, Charles, surveyor- general of Nova Scotia, opinion of, dissents from the settlement of the boun dary line between N. Y. and N. J., ii. 190. INDEX. 499 Morris, Richard, judge of the court of vice -admiralty in N. Y., report on the officers and crew of the Sampson, i. 63 ; mentioned, 110 ; report on fees, 355, 390. Morris, Robert Hunter, appointed chief -justice of N. J. , i. 162. Morris, Roger, a member of the coun cil, reports against Colden, ii. 155, 159, 162 ; mentioned, 379 ; goes to England, 405, Mortier, Abraham, deputy paymaster- general, i 353. Muirson, George, sheriff of Suffolk Co., report of fees, i 390. Murphy, Daniel, imprisoned at Porto Rico, i. 372. Murray, General James, governor of Quebec, his letters as received at N. Y, 246, 295 ; commissioned governor-in- chief of the province of Quebec, 360 ; solicits relief for the inhabitants of Montreal, ii. 43. Nanfan, John, lieut. -gov. of N. Y., mentioned, ii, 311. Narrow Higgansetts mentioned, i. 293. Negroes, formed part of the mob at N. Y. , ii. 23 ; one assists the In dians, 23. New Castle town mentioned, i. 243. New England, provincial officers peti tion for land, i. 15 ; French sugars smuggled into, 27, 36 ; trade with the enemy, 28 ; inhabitants of, set tle on the Lydius tract, 66 ; gov ernments formed on republican principles in opposition to Great Britain, 236 ; to assist against the Indians, 250 ; gen. Amherst having made no requisition for troops from, 260 ; the N. Y. assembly protest, 255, 260; illicit trade, 259; gen. Gage to call upon, for troops, 266 ; freemen claim an interest in the lands, 281 ; absolute right of the crown to lands westward of Conn. river, 289 ; report of commission ers, 1664, 289, 290, 302 ; to sub mit to the Duke of York, 290 ; mentioned, 293 ; declines to raise her quota of troops, 309 ; in dependents from, incite riots in N. Y, ii. 211 ; dangerous and extrava gant measures of, 370; the semi naries of learning in, controlled by dissenters, 355 ; advocate extreme measures in congress, 374; coer cive meaBuies unavoidable with, 411 ; purchase of large quantities i ammunition, 420 ; jealous of the moderate temper of N. Y., 422. New Hampshire, boundary dispute with N. Y. and settlement on the grants, i 15, 66, 67, 68, 160, 229 241, 280, 285, 286, 287, 291-295, 298-306, 317, 359, 365, 370, 460, 472, 475, 480 ; ii. 3, 15, 127, 197, 337, 338, 342, 408; value of quit rents, i 300 ; commerce of, must be carried on the Hudson river, 305, 317 ; refuse quota of men, 309, 310; soldiers suffer by the grants in N. Y. , 331 ; trespassers from, cut pine trees in N. Y. with out authority, ii. 192, 196; settlers in northern part of Albany Co., N. Y. , secede to, and resist the au thorities, 196 ; mentioned, 348 ; settlers on the grants defy the au thority of N. Y., 357; joined by idle, desperate vagabonds from all parts of the country, 358 ; build block-houses, 361 ; lawless people on the grants gaining strength, 362 ; petition of New Yorkers for protec tion, 364 ; gen. Gage refuses troops to keep the peace, 364 ; rely on English influence, 365 ; seize the land granted to military officers, 365 ; grants made by the governor without authority, 365 ; rioters ill- treat Rev. Benj. Hough, 396 ; close the courts in Cumberland Co.,N.Y. , 397, 400, 408 ; troops ordered from Quebec to restore peace, 404, 407. New Haven, illegal trade, i. 27, 36; first settlement of, 301. New Jersey, French sugar smuggled into, i 27, 36 ; Nathaniel Jones ap pointed chief -justice of, 35 ; set tlers have more freedom than in N. Y, 65 ; volunteers, 74, 76 ; Josiah Hardy appointed governor, 141, 162; Sandy Hook in, 213 ; the boundary Une with N. Y, 239, 242, 394, 460 ; ii. 190, 191 ; gen. Amherst's requi sition for troops, i 259, 260 ; unable to raise her quota of men, 266 ; N. H. grants offered for sale in, 288, 300, 304, 307 ; proprietors hold under the Duke of York, 317 ; frequented by smugglers, 375 ; officers of provincial troops receive no gratuity after service, ii. 107 ; the seminaries of learning in, controlled by dissen ters, 355 ; the assembly approve of 500 INDEX. ' the proceedings of the continental congress, 381. New London, illegal trade of, i 27, 36, 102, 195, 196. New Netherlands, extended from the Delaware to Conn. River, i. 288; conquest by the English and re conquered, 290. New Orleans, Indians purchase am munition at, i. 269 ; 22d regiment returned to, 329, 330 ; mentioned, 381 ; in possession of the Spaniards, 443 ; lieut. Fraser arrives at, ii. 27. New Windsor, Indian conference at, i. 247 ; sloops to sail for, 252. New York, province of, leader of the oppos tion to Great Britain, i x. ; the office of chief -justice in, i 5, 10, 13, 23, 35, 36, 231, 336 ; ii. 174; see Pratt and Horsmanden ; pur chase of Indian lands, i 9 ; price of goods advanced, 10 ; land grants (see Land Grants), 14, 15,66 ; lands claimed by N. II., 15, 66, 67 ; provin cial officers petition for land, 15, 66 ; frontiers secured by gen. Amherst, 18, 64 ; assists the sufferers by fire in Boston, 19 ; supreme court, 28, 68, 123, 124, 171, 175, 183, 187, 189, 196, 197, 218, 354, 355, 373, 390, 396, 406, 407, 409, 416, 417, 421, 430, 448, 455,. 468 ; ii. 41, 71, 72, 73, 116, 133, 137, 140, 142, 147, 148, 157, 161, 163, 167, 170, 208, 213, 221, 434, 441-457; acts of assem bly and minutes of council trans mitted to London, i. 25, 33, 39, 53, 82, 88, 118, 155, 161, 186, 192, 262, 322, 328, 361, 425; ii. 67, 84, 188, 201, 219, 344. 345, 418 ; salaries determined, 25 ; assem bly prorogued, i. 32, 133 ; pub lic affairs carried on with unanim ity, 33, 59 ; London agency, 38, 80, 81, 85, 107, 280, 330 460 ; protec tion of seamen, 39, 54, 82 ; abscond ing debtors, 39, 54, 82 ; four inde pendent companies in service, 42 ; sentiments of the people with regard to the conquest of Canada, 42 ; com plaints about billeting troops, 44, *45, 46, 47, 73, 111 ; printed laws of the colony, 48, 63, 84 ; George III. proclaimed, 48, 55, 57, 58, 69; death of Geo. II. dissolves the as sembly and changes the seal, 48, 49, 55, 69, 78, 81, 133 ; condition of land in, 54; composition of the King's council, 56 ; the old seal to be used, 58 ; winter food of deer and cattle, 60, 61 ; manufacture of potash, 61 ; Baskett's edition of the laws imperfect, 63 ; difficulties in granting land patents, 64 ; settlers prohibited from cutting mast tim ber, 65 ; the Lydius tract con tains a million of acres, 66, 238, 244 ; jurisdiction over the N. H. grants, 66, 67; quit rents, 66, 83, 150, 153- 155, 162, 218, 230, 231, 236, 245, 291, 292, 300, 303, 305, 306, 347, 357, 363, 388, 402, 404, 478 ; ii. 14, 69, 73, 88, 113, 175, 196, 198, 208, 339, 393 ; boundaries of the pro vince, i. 67, 160, 232-246, 280, 285- 289, 292-294, 278-306, 317, 331, 359, 365, 370, 394, 395, 460, 466, 472, 475, 480 ; ii. 3, 6, 26, 190, 191, 333, 342 ; its commercial greatness, i 67 ; peo ple indolent to the King's rights, 68 ; new assembly called, 69, 78 : pur chase of Indian lands, 70, 71 ; quota of troops, 69, 73-78, 81, 83, 94, 97, 103, 104, 106, 164, 171, 173, 184, 186, 192, 205, 206, 212, 255, 260, 275, 278, 284, 308-310, 322, 323,327, 328 ; ii 46 ; opposed to military impressment, i 74, 75, 76, 77, 83, 88, 104, 203; militia system, 76; changes in assembly, 78, 81 ; courts of judicature to be established, 79, 85, 89 ; lawyers troublesome, 79, 89, 187; report on land grants, 83 ; assembly convened May 6, 1761, 88 ; judges to hold during good behaviour, 89, 104, 105, 116, 119, 122, 123, 124, 138, 148, 152, 159, 162, 183, 188, 218; ii 434 ; legal consequences of the de mise of the crown, i. 89, 104, 119 ; oyer and terminer hold admiralty sessions, 90, 110, 228, 316, 355, 389, 390 ; 1,500 men in service, 94 ; land grants prejudicial to settlement, 97; 1,619 men in service, 97, 104; as sembly adjourned to Sept. 11, 1761, 99 ; called to meet Sept. 2d, 104, 106 ; commissions and salaries of the judges, 104-106, 116, 117, 120, 122-124, 148, 159, 174, 175, 183, 189, 218 ; ii 438 ; address of the legislature to the King a school boy performance, i. Ill ; assembly grant gen. Amherst's requisition for men, 104, 106, 111, 112, 116, 118. 121, 122, 125, 126; chief- jus tice appointed, 113, 114, 148-159 ; 150 persons naturalized by the aB- INDEX. 501 sembly, 118 ; payment of troops, 125 ; forty shillings bounty to re cruits, 126 ; court of chancery open to all, 128 ; doubt as to the appoint ment of the council under gov. Monckton, 132, 138 ; assembly called for Nov. 22, 1761, 133, 136 ; King's instructions as to governor's salary, 133, 203 ; perquisites of the gover nor, 134, 136 ; value of the current money diminished, and price of ne cessaries increased, 134, 187 ; con- • gratulations of the legislature to George III. on his marriage, 145, 146 ; £300 sterling worth £560 cur rency, 154; land grants, 155, 158, 172, 178; salary of lieut. -gov., 163; as sembly called for March 2, 1762, 164 ; judges of the supreme court refuse to act, 171, 174, 175 ; accept, 183, 189 ; ii. 437 ; Indian tribes of, i. 180 ; uncultivated lands to be settled, 182; reduce the bounty to volunteers, 186, 195, 205, 206 ; decline to re cruit the regular troops, 186, 193, 208 ; courts of judicature, 190 ; attorney - general deficient, 191; ¦recruit troops in Conn., 196 ; justices of the peace, 198 ; crimi nals offered for the King's regulars, 202, 205 ; men refuse to enlist for the West Indies, 208, 212 ; assembly called May 18, 1762, 212 ; additional bounty offered, 212; thanksgiving for peace, 220 ; five of the council necessary to transact land business, 226 ; extravagant land grants, 230 ; family influence in the courts of law, 231, 237 ; the government of, established after the model of the English constitution, 237 ; tumults among frontier settlers, 238; new seal for the province and pictures of the King and Queen not sent, 247 ; assembly meet Nov. 8, 1763, 247 ; defence of the frontier threatened by Indians, 248-261 ; the assembly called upon for troops, demand that New England shall furnish a quota, 255 ; assembly appoint their own clerk, 258 ; furnish double then- quota of 2,000 men, 260 ; a separate government proposed at Crown Point, 263; major Skene's land grant, 263-265, 345; no offence given to the Five Nations, 270 ; frontiers threatened by hostile Indians, 272 ; five companies of soldiers in the pay of, for frontier service, 275, 284, 308-309, 322 ; inhabitants threaten to attack Indians from Pa. , 277, 279, 283 ; the right of soil in the crown, 281 ; claim of governor to prize money, 281, 282, 297, 316 ; court of admiralty, 281-283, 297, 333 ; mili tary land grants, 283, 300, 305, 318, 324. 331, 332, 345, 346, 357, 360, 366, 370, 377, 399, 400, 401, 471 ; ii. 11, 17, 24, 25, 32, 335, 338, 361, 365 ; incursions of the Indians pre vent settlements, i. 287 ; Dutch pos sessed the land between the Dela ware and Conn, rivers, 288 ; conquest from the Dutch, 290 ; superiority over the other colonies, 292 ; acces sion of the Duke of York to the crown makes N. Y. a royal province, 303 ; small number of English in 1664, 301 ; 808 troops under pay, 309, 310 ; trade and commerce, 312 ; appointments to the council require the King's sign manual and signet, 326, 328; luxury spreading, 330; paper money not a legal tender, 330 ; no person killed on the frontiers, 336, 348 ; accession of the King and new seal, 387 ; encouragement to raise hemp and flax, 337 ; provin cial bills of credit emitted, 1749 to 1764, 337, 349; regulation of fees in public offices, 340-348, 354, 355, 373, 386; court of chancery, 341, 354, 390, 404; ii. 234, 236, 238-329, 337 ; expense of law suits, i 342, 373, 389, 432 ; misrepresentation of facts relating to Scotch settlers brought over by capt. Campbell, 346 ; salary of the governor, 347 ; assembly de sire a meeting Sept. 4, 1764, 357 ; extravagant grants of 3,200,000 acres of land, 363 ; address of assembly against taxation by the British par liament, 361-364; guards removed from the frontiers, 365 ; Kayaderos seras patent to be vacated, 369, 378, 392 ; Van Rensselaer's Claverack pa tent questioned, 377 ; fees lower than any other province, 387 ; office of surveyor general of lands, 388 ; map of the province, 388, 404, 405 ; office of clerk of the council, 389 ; the attorney-general, 389; mem bers of council do not attend, 390 ; assembly petition England in re gard to taxation, 394 ; the right of appeal to the crown, 395, 404, 406, 407-419, 420, 421-425, 427-442, 445, 446, 459, 462, 469-471, 476-479 ; ii. 502 INDEX. [ 2, 4, 39, 49, 73, 74, 81, 82, 85, 87, 89, 116, 134, 147, 441-456 ; in fluence of landed proprietors, i 397, 403, 468, 470 ; abstracts made of all land grants 401 ; the Evan's grant, 403 ; fences to be established on the post roads, 404 ; stamp duties, 405 ; land grants limited to 20,000 acres, 406 ; court of errors, 407, 416, 442, 448, 468 ; judges to hold office dur ing good behavior, 424, 426, 469 ; . ii. 433, 441 ; judges dependent on ! the assembly, i. 424 ; influence of lawyers, 429, 443, 468, 465, 470; cessation of the Indian war, 441 ; . journal of the assembly printed, 471; delay of the courts, 477; abstracts of land grants from 1664 to 1760, ii 1; earl of Ilchester's land grant, 6 ; importance of hemp culture, 6, 14 ; lands cannot be held on an Indian title only, 7 ; Van Renselaer's claim to the Claverack lands, 11 ; the colony tranquil, 14 ; ! people from Mass. and Conn, settle i on the N. H. grants, 15 ; Albany made a port of entry, 22 ; power of the governor to grant land, 24, 25, 26 ; the council in bad humour, 27 ; , summoned to meet, 29, 34 ; the i King's authority precarious in, 36 ; Sir Henry Moore nominated as gov ernor, 37, 38 ; court of appeals, 41 ; Colden does not deem it expedient 1 in the present temper of the people to meet the assembly, 43 ; quota of troops and their pay, 46 ; council refuse to act on the landing of the stamped paper, 48 ; lawyer's sedi tious, 49, 62, 71 ; the neighbouring provinces governed by the action of N. Y., 52, 66, 76, 91 ; power of the lawyers, 62, 70, 85, 100, 108 ; peo ple averse to taxes of any kind, 62 ; ! Colden's plan to subdue the pro vince, 62; arrival of gov. Moore, ! 64 ; the crisis of independency, 67, 77 ; state of the people and province described by gov. Colden, 68 ; the landed proprietors, 68, 69, 71, 81, 86, 450 ; lawyers, 68, 70, 81, 86, 89, 92, 100, 108, 126; merchants, 68, 81; farmers, 68, 69, 71, 349, 366; mechanics, 68 ; Indian names for places in, 69; courts of law ill managed, 70 ; the majority of the assembly farmers, 71, 155, 158 ; commissions for the judges dur ing good behaviour, 71, 72 ; assem bly regulate the salaries of pub lic officers, 72 ; death of the King invalidates the commissions, 72; danger of appeal from the verdict of a jury, 81, 116 ; resolves of assembly against the decision of the privy council, 81, 85, 86, 89 ; assembly refuse Colden a salary, 87, 89, 110, 114; courts of justice, 89; power of the assembly, 90 ; the council and judges opposed to the stamp act, 92, 93 ; gov. Moore em powered to suspend public officers, 95 ; resignation of Monckton, 96 ; the disorders continue after the arrival of gov. Moore, 96, 107, 111 ; officers of provincial troops receive no gratuity after service, 107 ; assembly refuse to compensate Colden for his losses, 111, 114; con firmed in their sentifnents of in dependency, 111 ; the governor de pendent on the assembly for his salary, 112 ; lands generally granted for private interests, 113 ; rent /riots, 115 ; refuse to issue paper money, 126 ; trouble on the N. H. grants, 127 ; grand jury indict Col den for libel, 133, 137, 147, 171 . abuses in the courts, 134, 141 ; the parliament ignored by the assembly, 135, 153 ; a military force may pro tect officers of the crown, but can not punish disobedience of the laws, 136 ; " The Conduct of Cadwall ader Colden,'' etc. , charged as a libel on the province, 133, 137, 139, 143 148, 154, 157, 172; dishonest judges. 142, 145, 170, 174, 177, 182; as- sembly compared to the popish inqui sition, 143, 173 ; report of joint com mittee of council and assembly on Colden's pamphlet, 148, 152, 154, 157, 162 ; assembly refuse to pay Col den's salary, 164; change of parties in the new assembly, 167, 184 ; the law yers defeated, 168, 174; the treas urer commissioned in his own name, that of the King omitted, 168 ; crown officers intimidated, 178 ; Colden applies again for indemnity to the assembly, 179-181, 185 ; char acter of the new assembly, 182, 184 ; the judges of no capacity or es teem, 182 ; the assembly dissolved, 183 ; gov. Moore dies and Colden assumes the government, 185, 188 ; prerogative court, 186 ; assembly favor a paper currency, 188, 193, INDEX. 503 195, 201, 207; consumption of british manufactures, 188 ; re port of the commissioners to deter mine the controversy in regard to the N. H. grants, 192, 196, 197 tranquillity of the province, 193 213, ¦ 218 ; desire to restore confi dence with Great Britain, 194 adopt the resolutions of the Va. assembly of May 16, 1769, on the rights of the colonies, 194 ; averse to provide for British soldiers, 195, 199, 200, 208, 210, 218, 219, 220 ; arrangement for quartering troops, 204, 209, 219 ; adopt a general plan for trade with the Indians, 207, 210, 214; judges of the supreme court disabled from a seat in the assembly, 208, 213, 221 ; dissenters numerous and troublesome, 211 ; assembly pass bills injurious to the church of England, 211, 213; currency bill disaUowed, 216, 219 ; judges interfere in the elections, 221 ; parties formed from a differ ence of politics and religion, 223 ; not in the power of any one family t o distress the government, 224 ; the King disallows the act prohibiting judges from serving in the assembly, 226, 230 ; parliament grant permis sion for a currency bill, 226 ; friends of government, 229 ; arrival of gov. Dunmore, 230, 231 ; the acting gov ernor retains the fees of office, 232, 235, 238, 252 ; an absent governor to receive half the emoluments, 234, 238, 278, 331 ; Dunmore's suit in the court of chancery against Col den, 234, 236, 239-329 ; salaries of governors, how paid, 238, 240, 268, 270 ; other colonies must follow the example of, 251 ; court of exche quer, 254, 266 ; the lawyers little acquainted with the practice of ap peals, 254; court of chancery held in the house of the governor, 278 ; Dunmore commissioned governor of Va. , 323 ; the crown not entitled to any fees of the governors, 326 ; gov. Tryon surrenders the administration to Colden during his absence to England, 330, 331 ; land grants sus pended, 330; the great seal de livered to Colden, 332 ; new regu lations for granting lands, 337 ; the great seal accidentally broken, 344 ; the political zeal and frenzy con fined to the city of N. Y, 347, 348; ordinary and prerogative court, 349 ; troubles with settlers on N. H. grants, 357, 361, 364, 396; seven counties not represented in congress, 360 ; the lands to be granted in 1774 are 200 miles from N. Y. city, in the wilderness, 360 ; jurisdiction to the Conn, river, 365 ; the country peo ple opposed to political agitation, 366 ; a majority opposed to extrava gant measures, 369 ; assembly have not met for some years, 370 ; Dutch gunpowder used in the colony, 372 ; the assembly to meet, when concili atory measures are expected, 375, 378 ; attempt to convene a provin cial congress, 378, 390 ; list of the council, 1775, 379; address of the assembly, 380, 382, 384, 391 ; its adjournment, 381, 383; disapprove of the action of congress, 881, 383, 392; the only colony that did not endorse the congress, 383 ; petition to the King, 384, 386, 388, 391, 392 ; a motion to thank the con gressional delegates defeated, 386, 391 ; the Quebec and Boston bills form part of the grievances of N. Y., 386, 388; the southern colonies threaten to unite with Mass. against N. Y. , 388 ; assembly refuse to ap point delegates to a second conti nental congress, 389, 390, 395 ; the people quiet, 390, 392 ; moderate and prudent conduct of the people, 391 ; a wicked faction in the assem bly, 392 ; lt.-gov. disapproves of the naturalization and quit rent bills, 393 ; a militia act passed, 393 ; in fluence and representation of the manors and boroughs, 394 ; the right to affirm in taking an oath enacted, 394 ; the people to appoint delegates to the second congress, 395, 399 ; the repeal by parliament of all the obnoxious acts expected, 400 ; the people declare for the union of the colonies, 401 ; on news of Lexington the people seize the government, 402, 404, 406 ; the assembly prorogued, 402, 409 ; the council furnish a descrip tion of the state of the province, 402, 419 ; members of the council depart for England, 404, 405, 418 ; the assembly refuse a liberal grant to suppress the N. H. rio' s, 407 ; failure of the plan to restore order in Cumberland county, 404, 408, 504 INDEX. 410 ; the petition, to the King loyal, affectionate, and decent, 409 ; no hope of opposing the popular senti ment, 412 ; communication with the government officials in the northern part cut off, 415 ; the provincial congress to issue a paper currency, 416, 420 ; failure of the militia act, 419 ; members and representatives of the provincial congress, 419 ; 'congresses and committees act with all the confidence of a legal govern ment, 419 ; the military spirit not strong in the country, 420 ; the other colonies determined to pre vent N. Y. receiving the indulgence of parliament, 423 ; Colden of opin ion that a military force would have saved the province, 423 ; the provincial congress direct a general signing of the association, 424 ; Conn, troops to keep N. Y. in awe, 424 ; supreme court held with out a chief -justice, 434; iniquitous courts in, 449, 450. New York city, the governor' s house in the fort, i. 7, 22, 32; crew of the Sampson resist a press gang, 11, 16, 17, 31 ; merchants concerned in illegal trade, 20, 26, 27, 28, 36, 49, 51, 90, 102, 195, 201, 204, 209, 213, 230, 258, 375, 398, 480 ; ii. 22, 68, 133, 138, 144, 148, 152, 153, 163, 172, 189, 335, 336, 370, 373, 375, 379 ; rejoicings on the reduction of Canada, i. 21 ; barracks for troops, 32 ; re-enforcements from England ar rive, 41 ; a woman of infamous char acter murdered, 43 ; in mourning for the death of Geo. II., 55 ; contains, in 1761, 2,000 dwelling nouses and burns 20,000 cords of wood, 61 ; Bhip building restricted, 65 ; pilots regulated, 83 ; French subjects in, 90, 91, 92, 194, 197, 199, 200 ; in surance offices, 93 ; marriage of George III. announced, 115, 116, 145, 146 ; report on the shipping of the port, 121 ; attempt to rescue John Higgins and John Anderson, condemned criminals, 165, 166 ; in dependent company of grenadiers, 165 ; proclamation of war against Spain, 186 ; exportation of provi sions prohibited, 193, 200, 204, 206, 209, 214 ; quarantine on Bedlow's Island, 210 ; small-pox prevails, 212 ; light house at Sandy Hook, 213 ; peace with France and Spain de clared, 220 ; garrison of Fort George, 224 ; independent companies, 224 ; Indians confined in the jail, 227, 358 ; insolent lawyers, 231 ; N. H. grants sold in, 236 ; condition of Fort George, 247 ; postal arrange ments with Canada, 296, 361 ; me morial of the merchants to the house of commons on the decline of trade, 312, 330, 337 ; Delaware Indians confined in the new jail. 315, 319 ; French neutrals and Accadians to be removed, 333, 334, 337 ; King's and Queen's portraits hung in the council chamber, 337 ; rates of coin and price of living, 341 ; complaint against the post-office, 361, 365 ; power of merchants in the assembly, 363 ; complaint of Spain against the privateers, 367, 376 ; ships of war on the station, winter at, 370 ; ii. 106, 463 ; engaged in the slave trade from Africa, i. 371 ; increase in cost of liv ing, 398 ; customs regulations, 446 ; influence on the province, 468 ; commanders-in-chief of the Ameri can troops generally reside here, 479 ; Fort George has no guard, ii. 23, 34 ; dissension in the French church, 24 ; stamp act troubles in, 27-61, 65, 66, 67, 74, 75, 79, 80, 97- 105, 125, 128, 457-467; troopsrequir- ed to keep the peace, 30 ; city bar racks on the commons, 31 ; the fort crowded with men and military stores, 32 ; congress of the colonies meet in, 35, 46, 91, 99, 458 ; people running mad in opposition to the stamp act, 37 ; publication of the Constitutional- Courant, 38, 45 ; country seats for the summer, 42, 75. 125, 457 ; people inclined to se dition and violence, 44 ; they open ly declare the destruction of the stamps, 47 ; arrival of the stamps, 48, 79 ; the streets placarded to resist the distribution of stamps, 49, 52, 61 ; a mob insults Colden and de stroys the house of major James at Vaaxhall, 53-61, 65, 74, 80, 87, 97- 105, 125, 128, 461 ; the corporation assume the custody of the stamps, 57-59, 61, 81, 94, 129, 464 ; mer chants address Colden, 61 ; no power to punish the mob, 61 ; desire free dom of trade, 62, 68 ; the stamp act cannot be enforced, 65 ; the city quiet after the delivering of the stamps to the corporation, 66 ; gov. Moore INDEX. 505 dismantles the fort, 66, 101 ; law yers, 68, 70, 71, 81, 86, 89, 92, 100, 108, 135, 142, 144, 148, 152, 168, 172, 182 ; merchants, 68, 77, 84, 134, 138, 144, 148, 152, 163, 172, 174, 193 ; mechanics, 68 ; abuses of the press, 71, 79, 100, 458, 465 ; im portations from Great Britain, 77 ; non-importation agreement, 78 ; the seditious spirit in, 92, 135 ; the sec retary of state advises that meas ures be taken to awe the licentious spirit of the people, 95, 99 ; no man dared to receive a stamped paper in, 97, 105, 462 ; condition of Fort George, 98, 99 ; compensation to be made for damages by the mob, 109, 111, 113 ; a home-spun coat the badge of opposition, 112 ; the coffee house a place of news, 112, 167, 460 ; courts meet at the city hall, 133, 137 ; newspapers opposed to government, 135, i40, 149, 152, 458, 465 ; grand jury com posed of merchants, 148, 152, 163, 172 ; the stamp act riot, 153, 160, 164, 177 ; stamp act congress the source of all the disorders, 160 ; members from, generally give direc tion to the assembly, 168 ; the can non spiked on the batteries, 181, 463 ; the election for assemblymen in 1769 an excited contest, 183, 184 ; the Amiable Susete, a French ship, puts into the harbor in distress, 186-187 ; the citizens punish revenue informers, 189 ; action of the mer chants on the non-importation agree ment, 193, 220 ; Trinity church and King's college petition for land, 199 ; a paper directed ' ' to the betrayed inhabitants " circulated by the sons of liberty, 200, 211 ; loan officers appointed in, 201 ; affray between the citizens and soldiers on Golden hill, 210, 217 ; the rioters chiefly dissenters, 211 ; proposed meeting of commissioners to regulate the Indian trade, 215, 218, 222 ; action of the merchants on the non-impor tation agreement, 220 ; a Boston im porter mobbed, 220 ; tea troubles, 222, 334, 336, 359 ; th* majority of merchants said to be in favor of im portation, 223, 224, 228, 251 ; dele gates to the Indian trade convention arrive from Va., 225 ; arrival and erection of the statue of Geo. III. , 226 ; defeat of the liberty party at the polls, 229 ; gov. Dunmore re ceived with good humour, 232 ; the merchants, vestry, and other public bodies compliment Colden on h s administration, 251 ; Mediterranean passes issued, 331, 344 ; gov. Tryon resides at Greenwich, 332 ; the tea ship Nancy, capt. Lockyer, arrives at Sandy Hook and returns to Eng land, 334, 336 ; destruction of tea brought by capt. Chambers, 334 ; 336, 359 ; excitement on news of the Boston port bill, 339, 341 ; the sons of liberty hot headed, 340 ; formation and proceedings of the committee of 51, 340, 342, 343- 346, 359, 367, 372 ; proposes a con gress, 340, 342, 346 ; proposal of Phil, to appoint a, fast day disap proved, 343 ; committees of corre spondence proposed, 345, 347, 350 ; elect delegates to congress, 346, 350 ; political zeal and frenzy con fined to the city, 347 ; the practice of exhibiting effigies, 347, 360 ; sur rogates office, 352 ; charter for King's college, 355 ; the populace not controlled by demagogues, 359 -, delegates attend the congress in Phil., 360 ; leaders of the sons of liberty in disgrace, 361, 367 ; the country refuse to adopt the dele gates from the city, 366 ; merchants supplying the army at Boston, 367, 370 ; speeches in parliament and other inflammatory papers reprint ed, 368 ; the action of congress not approved of, 369, 381 ; number of British troops, 370 ; the custom house has no boat, 370 ; committee of 51 dissolved, 372 ; a committee of inspection appointed, 372 ; their proceedings, 373, 382, 384, 387, 389, 390 ; power of the mob, 373 ; pam phlets in opposition to congress printed, 375 ; importation of powder and fire arms prohibited, 376, 377 ; the citizens demand the return of arms seized by the collector, 378 ; trade prohibited by the irons of lib erty, 382 ; the ship James from Glasgow compelled to sail with her cargo to Jamaica, 384, 387, 389 ; a man-of-war to be sent from Boston, 386, 390 ; a ship from London, the Beulah, detained at S. I., 387, 389 ; only 100 soldiers in garrison, 388, 390, 402, 416 ; the non-importation association of congress rigidly main- 506 INDEX. I tained, 389 ; a military force asked for to awe the inhabitants, 390 ; Galloway's candid examination printed at, 391 ; the popular move ment in favor of the congress, 401 ; 1 supplies for the army at Boston de tained, 401 ; on news of the battle of Lexington, the people seize the government, 402, 404 ; custom house closed, 402 ; Fort George dis mantled and the barracks used as stables by gov. Dunmore, 403 ; the Boston post service, 403, 412 ; de parture tor England of members of the council and military officers, 404-405 ;- the committee of 100 govern the city, 406, 412, 413, 415, 419 ; lack of military force to com pel submission, 411, 412 ; the Asia ordered from Boston to, 411, 423 ; ¦ address to Colden, 412 ; arrival of the Asia, 413, 423 ; troops to be sent on board of, 413, 417, 424; control of the press, 414 ; arrival of Hancock and Adams, 414 ; troops to remain in the barracks, 4i6 ; several compa nies of soldiers formed, 416, 420 ; the port to be closed and the island , fortified, 416, 420 ; a re-enforcement of four British regiments might i change affairs, 417 ; 100 cannon re moved from, by order of congress, , 420 ; attempt to seize the president of f King's college, 421 ; attack on Rivington, the printer, 422 ; the friends of government join the mul titude to protect their property, 423; a company of tories under false colors, 424 ; 1,800 residents sign the assoeation, 424 ; the committee de sire the citizens to allow the garrison 1 to depart, 425; their baggage and arms seized, 425-427. New York fusiliers, the clothing of a perquisite of the governor, i 134. New York gazette, or the weekly post boy, contains The Sentinel, a weekly essay, abusing Gov. Colden, ii. 73 ; opposes the stamp act, 100. Niagara, the capture of, ended the Indian war, i. 181 ; N. Y. provin cials posted at, 260 ; Indians at, 267 ; troops from, wrecked on Lake Erie, 268 ; news from, 271 ; fort ; built at, by the French, 273 ; in pos session of the French, 307 ; passage between, and Lake Erie, in posses sion of the Chenussios Indians, 315 ; Sir William Johnson meets a con gress of Western Indians at, 336, 348 ; success of the conference, 356 365 ; proposed as a trading station, 380 ; Bradstreet's expedition men tioned, 461 ; col. Vaughan com mands there, 461. Nicholson, Mr., mentioned, i 62. Nicoll, William, speaker of the N. Y. assembly, consulted on the appoint ment of a chief -justice, i 35 ; in favor of increasing the quota of . N. Y., 74 ; address to the King, 147 ; judge Pratt addresses him on the salary of the chief-justice, 174 ; his reply, i. 75 ; additional bounty for men who wM embark for the West Indies, 209 ; troops for the frontiers, 251 ; Colden's application for salary and losses, ii. 121 ; commissions the treasurer without naming the King, 168. Nicolls, Col. Richard, governor of N. Y, letters to the Duke of York on the boundary, i. 289, 290, 291 ; agreement with Conn., 301, 302. Nightingale, H. M. ship of war, at N. Y, i 19. Nimham, an Indian chief, i 247. Non Importation, no goods to be im ported until the stamp act is re pealed, ii. 78 ; merchants of Boston want a new agreement, 193 ; N. Y. and Phil, consult, 220 ; repeal of all internal taxes required, 223 ; a majority said to be in favor of a general importation, 223, 224, 227, 228, 230, 251, 368; disagreement between N. Y. , Phil. , and Boston, 228 ; trade to be stopped until the Boston port bill is repealed, 339-342, 345 ; the farmers opposed to, 348, 369 ; the congress association, 369, 370, 372, 384 ; affects the smugglers, 373, 375 ; supported in N. Y., 375 ; the N. Y. assembly refuse to en dorse, 381 ; the ship James arrives at N. Y. from Glasgow after the time limited by congress, is sent to Jamaica, 384 ; the committee keep an armed sloop to visit vessels, 385 ; the ship Beluah detained at S. I , 387 ; rigidly maintained in N. Y. , 889, 390. North, Lord, informed of hostilities, ii. 405. Northam, Timothy, offers to enlist men for N. Y. in Conn., i. 196. North America, war ended, i. 25 ; ille gal trade between the French INDEX. 507 islands and, 26 ; wines consumed in, 50 ; freedom of trade required for, 50 ; trade with Spanish ports, 51 ; im portation of British manufactures, 52, 53 ; food for cattle in winter, 60 ; no natural grasses cultivated, 61 ; manufacture or potash, 61. See American Colonies. North Carolina, George III. pro claimed in, i 62 ; despatches for the governor, 72 ; ships pork to N. Y., 194 ; the Countess of Leicester wrecked on the coast of, 257 ; be havior of the delegates to the con tinental Congress, ii. 374. North Hampton, rioters confine the officers of Cumberland county in jail, ii. 379, 409. Nova Scotia, chief-justice of, i 154, mentioned, 229 ; Accadians expelled from, 334 ; behaviour of the French in, 367 ; Charles Morris, surveyor- general of, ii. 190. O'Brien, Lady Susan, daughter of the earl of Ilchester, accompanies her husband William to settle Mohawk lands, i 399. O'Brien, William, applies to locate 100,000 acres of land, i. 309; men tioned, 426 : came to New York to locate the land granted to the earl of Ilchester, ii. 6, 7-9, 12, 15-19, 21 ; visits Gen. Johnson, 21. Ogden, Amos, a N. J. officer of cool courage and good character, seeks a pension, ii. 107. Ohio River, mentioned, i. 319, 381 ; easiest route to the HUnois country, 336. Ohquaque, Delaware Indians live near, i. 143, 1441 Oliver, Andrew, distributor of stamps at Boston, ii. 34. Oneida Indians, murders committed by, in retaliation for two or three of the tribe killed by Tom Smith in 1757, i 94, 98 ; defrauded of their lands, 180. Onion River, block-houses built on, by the BenniDgton rioters, ii. 361. Onondaga, a snow commanded by capt. Loring, i. 4. Orange Co., Indians arrested in, l. 227 ; extravagant land grants in, 230 ; in vaded by Indians, 250, 251 ; force of militia for its defence, 251, 252 ; the clerk, David Matthews, reports fees, 390; exorbitant grants of lands in, 403 ; how the delegates to congress were chosen in, ii, 367. Ord, Col. Thomas, petitions for* land, ii. 330 ; granted, 398. Osborn, Sir Danvers, governor of N. Y. , mentioned, ii. 451. Oswego, general Amherst's troops at, i 4 ; communications between, and Albany to be kept open, 255, 260, 266, 275, 308; N. Y. provincials posted at, 260 ; recommended as a trading station, 380. Otsego Lake mentioned, i. 71. Ottawa River, mentioned, i. 269 ; a trading route, 380 ; proposed station at the first rapids, 381. Otter Creek, block-houses built on, by the Bennington rioters, ii. 361. Outhout, Volkert, granted land, i 71. Palais, citadel of, captured by the British, i. 99, 102. Paper Currency, not a legal tender, i 330 ; the assembly of N. Y. favor the issuing of £100,100 in bills of credit, ii. 188, 195 ; a bill passed and approved by lt.-gov. and coun cil, 201, 213 ; its popularity, 201 ; objections of the ministry to, 207 ; bills not a legal tender, 207 ; the King displeased with, 216 ; disal lowed, 216, 219, 220 ; parliament grants permission for a currency bill, 226 ; to be issued by the pro vincial and continental congresses, 416. Parker, James, charged with printing and distributing the Constitutional Courant, ii. 38; secretary to the general post-office, 39, 45 . Parliament, a list of the members of, to be furnished with copies of Col den's pamphlet, ii. 121 ; members favorable to Colden, 121 ; acts of, not enforced in America, 136 ; au thority of, denied, 140, 152 ; oppo sition to, 182; favor N. Y, 226; closes the port of Boston, 339 ; internal taxation by, to be resisted, 340 ; the people united against tax ation, 351 ; speeches delivered in, are reprinted in N. Y., 368 ; if it does not act with wisdom, the colonies must fall, 373 ; the people of N. Y expect they will repeal all obnoxious acts, 400. Pautucket Falls mentioned, i. 293. Payne, Captain, visits Colden at Spring Hill, ii. 416. 508 INDEX. Pearson, Thomas, murderer of Mary Allen, reprieved, i 43, 44 ; pardoned *¦ by the King, 164. Pendergast, William, of Dutchess co., charged with high treason, ii. 115. Penn, John, lieutenant-gov. of Pa., to send Indians from Phil, to N. Y. , i 277-279, 311 ; letter of re monstrance from Colden, 310 ; sworn in by Co'.den as deputy gov ernor, ii. 192 ; requested to join N. Y. in regulating the Indian trade, ; 206, 210, 215 ; agrees, 218 ; regard ed unfavorably, 222 ; declines, 225 ; desires a settlement of the bound ary line with N. Y., 355, 363'. Penn, William, grant of land to, from Charles II. , i 243. Pennsylvania, settlers have more free dom than those of N. Y., i. 65 ; volunteers, 74, 76 ; illicit trade with, 195 ; settlement of the boundary with N. Y, 239, 245 ; ii. 355, 363, 364 ; gen. Amherst's requisition on, for troops, i 259, 284 ; Indians who have made inroads on, to be pun ished, 277 ; the governor to send Indians to Sir Wm. Johnson by way of N. Y., 277-279, 310 ; in great disorder, 319 ; the frontiers in fested by hostile Indians, 322, 336 ; great revenue from quit rents, ii. 113 ; John Penn sworn in as deputy- governor, 192 ; requested to join in a general plan for regulating Indian trade, 206, 210, 215 ; agrees to send commissioners to N. Y., 218; de clines to act, 222, 225 ; increase of the government party in, 386. Pensacola mentioned, ii. 23. Penzance, H. M. ship, mentioned, i. 98. Perth, Amboy, illegal trade of ,i. 27, 36. Phenix, ship, mentioned, i. 93. Philadelphia, merchants engaged in illicit trade, i. 27, 209 ; the Quakers spread rumors of peace, 266 ; In dians to be sent from, to N. Y., 277- 279, 311 ; Delaware Indians caressed at, 314 ; merchants of, opposed to the importation of goods, ii 220, 223, 228 ; propose a day of public fasting, 343 ; the continental con gress meet in, 350, 860, 366, 367, 369 ; English vessels bound to, with goods, 373 ; the Quakers of, opposed to congress, 384 ; Galloway states that the friends of order hourly in- ' crease in, 386. Philadelphia, frigate, i. 21. . Philipse, Frederick, judge of the su preme court, succeeded by John Chambers, i. 23, 24. Philipse, Col. Frederick, supports the government party in the assembly, ii. 391. Pickard, Eve, mentioned, i 70. Pintard, Lewis, acts as agent for the Amiable Susette, a French vessel in distress, ii. 186. Piscataqua Harbor mentioned, i 293, 294. Pitt, packet ship, capt. Brigstock, sails fromN. Y.,i 207, 266, 322. Pitt, William, secretary of state, his opinion .of N. Y. , i x. ; informed of the death of gov. de Lancey and action of Colden, 3, 17 ; desires facts relative to colonial smuggling, 26, 36, 49 ; the reprieve of Pearson, a murderer, asked for, 43 ; enlistment of troops at N. Y. , 75 ; succeeded by the earl of Egremont, 143; Col den's letters to, on public affairs, i 3, 17, 26, 36, 43. 49, 75, 103, 110, 116, 122 ,132, 133 ; inentioned, 66, 81, 115, 262. Plymouth, the grant of 1620 to the council, i 289, 290, 302. Polly, the ship, engaged in illicit trade, ii 372. Pondiac (Pontiac) saves the life of lieut. Fraser, ii. 27. Pondicherry surrendered to the Brit ish, i. 99. Port-au-Prince, sloop Jove captured at, by the French officers, i 368. Porto Rico, cargo of slaves sold from the brig Hope at, i 372, 475. Portugese inlands exchange wines for provisions, i 50. Potash, importance of its manufacture, i 61. Poughkeepsie, Indian claim to lands at, i. 247. Pownall, John, secretary to the board of trade, informed of the death of gov. de Lancey, i. 13 ; to be recom pensed for his trouble in obtaining a commission for Colden, 30, 38 ; offered the agency for N. Y., 38; informs Colden of the death of the King, 48 ; preparing a warrant to authorize the use of the old seals, 55 ; gives hope of a commission being issued to Colden, 80 ; urges the appointment of Edmund Burke as agent for N. Y., 81, 85, 107 ; Col- INDEX. 509 den obtains his commission through his influence, and that of his brother Thomas, 107 ; informed of the pre paration by the assembly of an ad dress to the King, 111 ; receives an account of gov. Monckton's beha vior at N. Y., 137 ; his influence re quested in altering the governor's instructions, 141 ; Benj. Pratt, his brother's friend, appointed chief - justice of N. Y., 154, 162 ; Colden's information at his disposal, 163 ; re quested to obtain the sentiments of the board on the subject of appeal, 472 ; mentioned, ii 332 ; to appoint commissioners to settle the boundary of N. Y. with N. H, 342 ; Colden's letters to, i 13, 38, 48, 80, 84, 85, 107, 111, 137, 154, 162, 308, 471, 480. Pownall, Thomas, his influence in ob taining Colden a commission as lieut.- gov., i. 12, 107, 109 ; his attachment to Mass., 38 ; recommends Benj. Pratt as chief -justice of N. Y., 154, 162 ; suggested as governor of N. Y. , 155. Prat, Benjamin, appointed chief-jus tice of N. Y~. during the King's pleasure, i. 113, 114, 123, ii. 72, 437 ; takes the oath of office, i. 132 ; the assembly refuse to grant a salary to, unless his commission be changed to good behavior, 150, 153, 154 ; a J friend of Thomas Pownall, who in- ' fluenced his appointment, 154, 162 ; serves without salary, 159, 160, 162 ; letter to speaker Nicoll in regard to his position, 171, 174 ; the speaker's answer, 175 ; to return to Boston, 189 ; opposed to legal factions, 187, 191, 470 ; fills the office with re spect, 191 ; his death, 217 ; re strained the licentiousness of the lawyers, 218 ; practised twenty years in Mass., 432 ; received with con tempt, he died regretted, ii. 73 ; had £500 a year, 321. Presbyterians, failure of their influence in elections, ii. 168 ; attitude towards the government, 211 ; of Jamaica, L. I., appeal from the decision of the chancellor, ii. 337. Price, Capt., interferes with officers of the customs, i 201, 202. Price, Captain David, his land grant mentioned, ii. 335. Prince George, ship, mentioned, l. 88. Privateers of France on the American coast, i 98 ; plunder the Spaniards, 367, 876. Providence, Island, mentined, i. 209. Provoost, John, capt. of a militia company, i 166. Quakers at Phila. spread rumors of peace, i 266 ; the Delaware Indians desire to treat with, ii. 4 ; in favor of non-importation, 223 ; opposed to the continental congress, 384. Quebec, the capture of, ends the In dian war, i. 181 ; reported arrival of the French fleet and army at, 271 ; 273 ; a post route established with Albany, 296 ; gen. James Murray ap pointed governor of, 360 ; trade with the upper lakes, 380 ; mentioned, 399 ; ii. 6 ; Samuel Holland, sur veyor-general, 190 ; experience of the inhabitants in the Indian trade, 214 ; the winter season preferred for travel to N. Y., 222, 225; partition line between, and N. Y. , 333 ; troops ordered from, to quell the N. H. rioters, 359, 404, 407, 411 ; a post from, to N. Y. city, 392 ; a regiment requested from, to protect N. Y. city, 412 ; Knox's defence of the Quebec bill reprinted at N. Y., 368 ; it is made part of the griev ances of N. Y, 386, 388. Queensborough, see Kayaderosseras. Queens County, Indian prisoners to be transferred from N. Y. to, i 358 ; the clerk Whitehead Hicks and sheriff Adam Lawrence report fees, 390 ; refuses to send delegates to congress, ii. 367 ; residence of gov ernor Colden in, 367 ; some districts in, not represented in the provincial congress, 419. Rapelje, John, supports the govern ment in the assembly, ii. 391. Reade, Joseph, member of the coun cil, ii. 48. Reformed Dutch church friendly to the government, ii. 211. Reid, Col. John, gives information of the Bennington rioters, ii. 361. Renaud, M., a French spy from the Mississippi, i 101-103. 108. Rhode Island, illicit trade with, i. 196, 375 ; requisition on, for troops, 284 ; mentioned, 290, 301 ; seizure of arms and ammunition on a vessel bound for, ii. 377. 510 INDEX. Richards, Edward, master of the ship Alexander, i 19, 21. Richardson, Mr., mentioned, ii. 46. Richmond County, magistrates of, or dered not to allow Indians from Phil, to cross the ferry, i 277, 279 ; the sheriff John Hilyer reports fees, 390. Rieux, M., a French merchant sus pected, i. 194 ; imprisoned, 209, 211. Rivington, James, mentioned, ii. 343 ; assaulted by a mob, Tie takes refuge on board the Asia, 422. Roberts, John, sheriff of N. Y., precautious to avoid the rescue of criminals, i. 165 ; ordered to arrest French residents, 195, 197, 199. Robertson, Col., mentioned, i. 99. Robertson, Gen. James, lieut. -col. of the 15th regt. , mentioned, i.99, 124, 127 ; ii. 407, 411, 412. Robertson, Rev. Dr. William, mention ed, ii. 120. Robinson, Capt. of the ship Gen. Wall, i 116. Robinson, Beverly, commissary and paymaster to the N. Y. forces, i. 224, 229 ; goes to London, ii. 1, 2. Robinson. Samuel, charged with seiz ing land, ii. 127. Rogers, Major Robert, grant of land to, at Lake George, i. 95, 96 ; goes to S. C, 99 ; applies for license to pur chase land, 178. Rollo, Lord [Andrew], It. -col. of the 22d regt. at Albany, i. 46 ; captures the island of Dominica, 97. Ross, George, his vessel sails from N. Y. , i. 272 ; agent for Colden in Lon don, ii. 235, 254. Royal Americans, a company of the, at Fort George, ii. 125. Royal Artillery, arrive from England and re-enforce Fort George, ii. 76, 458 ; officers dine with gov. Colden at Jamaica, 65. Runnels, James, charged with larceny, i. 202. Russ, John, petitions for land, ii. 331. Rutherford, Major Walter, petitions for land. ii. 380. Rutherfurd, Walter, Captain in the Royal Americans, i. 115. Ruvyne, Capt., mentioned, i. 101. St. Augustine, Spanish garrison at, i. 184. St. Croix mentioned, i. 97. \ St. Eustatia, illegal trade with, ii. 371. St. John's, Canada, vessels and store houses destroyed at, ii. 415, 422. St. Lawrence River, a trading route, i. 380. St. Pierre's, sloop Wheel of Fortune seized at, i. 425. St. Thomas mentioned, i 371. Salmon Falls mentioned, i 293. Sampson, ship, the crew kill four men in resisting a press gang, i 11 16, 17, 31, 62, Sands, Cornwell, a sloop of, seized by the French, i 425. Sandy Hook, transports with troops at, i 41 ; lighthouse, 213 ; mentioned, 375; tea ship Nancy at, ii. 334, 336. Sardine, H M. sloop of war, men tioned, i 281, 297. Saybrook, first settlement of, i. 301. Schenectady, bounty money to be paid at, i 126 ; mentioned, 296. Schoharie, enlistment of men for the defence of, i. 256, 268. Schuyler, David, and his sons can give information of frauds in Indian lands, i. 143. Schuyler, Hermanns, recommended as sheriff of Albany, i 86, 87; ap pointed, 92, 94, 96 ; mentioned, 207 ; to arrest N. H. settlers, 358, 364, 365. Schuyler, Col. Philip, a leader of the opposition in the assembly, ii. 391, 398 ; opposed to granting aid to punish the rioters in Cumberland county, 407. Scotland, settlers deluded from, by capt. Campbell, i 336 ; military movements in 1715, ii. 63. Scott, Mr., character and business of, to be investigated, i 91, 93 ; a pam phlet written by, 99. Scott, John Morin, mentioned, i 45. interferes with Colden, i 187; at torney for Waddel Cunningham, 395 ; opinion as to the right of appeal in civil cases, 415 ; prints Horsmanden' s decision, 422, 423 ; author of the preface to it, 433 ; sues Goldsbrow Banyar, 433 ; re fuses to give an opinion in the case of Cunningham, 438 ; opposes the grant of land to lieut. McDonald, ii. 25 ; defeated for the assembly, 168 ; council for the Church Wardens of Jamaica, 337 ; proposed as a, dele gate to the continental congresB, 346, 348, 352 ; said to be unpopular, 361, 367. INDEX. 511 Scott, Joseph, mentioned, i 335, 338. Seaflower, sloop, mentioned, i 102, 108. Seaman, Col. Benjamin, supports the government in the assembly, ii. 391. Sears, George, convicted of larceny, i 202. Sears, Isaac, said to be unpopular, ii. 361, 367. Seconnet Brook mentioned, i 289. Sedgwick, Edward, secretary to lord Halifax, i. 364, 459. Seneca Indians, suspicion in regard to their loyalty, i. 180 ; guilty of the most barbarous cruelties, 261 ; to be punished, 270 ; French gain their friendship and obtain consent to build a fort at Niagara, 273 ; not allowed to purchase ammunition, 283 ; most dangerous of all the In dians, 307 ; confer with Sir William Johnson, 319 ; fear the resentment of the English, 322 ; peace secured with the, 356 ; their influence, ii. 19 ; two arrested for murdering Frenchmen, discharged, 350 ; see Chenussio tribe. Sentinel (The), a weekly essay printed in the New York Gazette, written by the lawyers to injure Colden, i 424, 479, 480 ; ii. 2, 5, 74, 447. Seventh Regiment to re -possess Ticon deroga, ii 415. Shackerley, Capt. Anthony, mention ed, i. 323. Sharpe. Horatio, governor of Mary land, informed of the death of gov. de Lancey, i 2. Sharpe, Richard, one of the owners of the sloop Dove, i 331, 335, 338. Sharpe, W., clerk to the privy council, ii. 42. Shawanese Indians, joined by the Del awares, i 314 ; they remain hostile, 327 ; expected peace with the, 420 ; , arrive at Fort Pitt and deliver up their prisoners, ii. 4 ; mentioned, 20 ; see Delaware Indians. Sheffer, Adam, granted land, i. 71. Shelburne, William [Fitzmaurice, 2d], Earl of, secretary of state, Colden's letters to, ii. 122, 129, 131, 142; mentioned, 124, 126, 154, 166. Shirley, Lieut-Gen. William, governor of the Bahamas, his dispatches for warded, 59, 62 ; governor of Mass., he grants lands to Lydius, i. 244. Shuckburgh, Richard, M.D., gen. Johnson's candidate for the office of secretary of Indian affairs, i. 462. Sidman, Samuel, petitions for land, ii. 331. Simond, Peter, mentioned, i 335, 338. Six Nations, loyal to N. Y., those that joined the French disowned, i 180 ; trouble with, apprehended, 217 ; grant land to J. H. Lydius, 244 ; large sums expended to preserve their friendship, 261 ; gen. John son's influence with, 311, 314 ; fav ourable news from, 324 ; ambitious to control the other Indians, ii. 19 ; know all the artifices of negociation, 20. Skene, Capt. Philip, petitions for land, i. 15, 66 ; promoted to brigade major, he settles at Wood Creek, 225 ; he petitions for land, 263 ; in the expedition to Martinico, 263 ; in England, 264 ; land grant to, and its survey, 324, 345, 346 ; in N. Y city, 440, 441 ; a colonel, he requests a remission of quit rents, ii. 339. Slott, Stephen, petitions for land, ii. 331. Smith, Micah, seizure of his sloop by the French, i. 425. Smith, Thomas, murders two Oneida Indians, i. 98. Smith, William, to amend the petition bill, i. 145 ; appointed puisne judge of the supreme court by gov. Monckton, 218 ; his opinion in For sey vs. Cunningham, 395 ; refuses to admit an appeal, 434 ; his reasons, 440 ; mentioned, 455 ; attends the council, ii. 48 ; his judgement and integrity questioned by Colden, 94 ; he is succeeded on the bench by George D. Ludlow, 230. Smith, William, Jr., counsel for capt. Greatrakes, i 32 ; influences gov. Monckton against Colden, 137, 138, 139 ; the governor's attorney, he is accused of interfering with the af fairs of the province, 187, 188 ; ad vises capt. Hawker, 282, 297 ; his statement in regard to Scotch set tlers said to be false, 346 ; clerk in chancery, he reports the fees, 390 . attorney for Thomas Forsey, 395 ; opinion as to the right of appeal, 415, 438 ; proposes a question in coun cil, 439 ; charged with reprinting Colden's pamphlet, ii. 132, 137 ; a member of the council, 148, 379 ; he reports against Colden, 150, 155, 512 INDEX. 159, 162, 165, 170 ; a noted lawyer educated in Conn., and a violent , republican independent, 150, 159, 165 ; an organizer of the riot, 150, 160 ; a friend of Monckton's, 155, 159 ; active in the stamp act con gress, 160, 165 ; counsel for gov. ¦ Dunmore in his suit against Colden, 240, 247, 248, 278 ; Dunmore fol lows his advice, 251 ; he takes pleas ure in throwing the administration into disorder, 252 ; his argument in court, 316 ; cannot influence Dun more, 319 ; making interest for the office of chief-justice, 321 ; trouble some to Colden, 323 ; description of the courts of N. Y., quoted from his history, 451. Smuggling in the colonies, i. 20, 26, 27, 28, 30, 36. Society for the Propagation of the Gospel in Foreign Parts, land grant ed to, in N. Y, ii. 199. Sons of Liberty, accused of destroying Vauxhall, the house of major James, ii. 65 ; oppose the voting of supplies to the British troops, 200 ; conflict with the soldiers on Golden hill, 210, 217 ; take action on the Bos ton port bill, 340 ; their leaders un popular, 361 ; call a meeting to i keep supplies from the army at Bos ton, 367 ; demand the return of arms seized by the collector, 378 ; deter mine that commerce shall cease, 381 ; described by Colden, 387 ; en courage the opposition to parlia ment, 400 ; overcome the action of the legislature, 401, South Carolina, news of the Indian war in, i. 40 ; an express boat ar rives from, with ten foot beam, 101 ; sends delegates to the stamp act congress, ii. 35 ; assembly refuse to provide for British troops, 188 ; be havior of her delegates in the con tinental congress, 374. Spain, trade of the colonies of, i. 50, 52; opens the port of Monto Christo to the English and purchases sugar from the French, 51 ; claims to be settled, 110 ; Wm. Walton, agent for, 184 ; England declares war with, 184-186 ; garrison at St. Au gustine, 184 ; peace restored, 339 ; prohibits English trade with her col onies, 313; the ambassador, Prince Mazzerano, complains of violence committed on the subjects of, 367, 376 ; in possession of New Orleans, 443 ; her mines, ii. 23. Spencer, George, an insolvent debt or, i 49. Spring Hill, the country seat of gov. Colden, near Flushing, L. I., i 216, 221-229, 247, 329-334, 354-356, 370; ii. 3, 12, 19, 23, 24, 25, 27, 30, 44, 64, 86, 89, 92, 93, 102, 107, 108, 110, 118, 121, 127, 148, 180, 185- 187, 189, 230, 231, 248, 275, 277, 316, 341, 343, 347, 351, 354-356, 367, 412, 414, 417, 418, 426, 427, 452, 453. Spuytenduyvel Creek, mentioned, ii. 420. Squirrel, H. M. ship, capt. John Cleland, mentioned, i. 251. Staats, Major Abraham, boundary of his land, i 172, 173. Stamp Act, a duty in America proposed, i. 405 ; riot at Boston, ii. 27, 34, 458; threats at N. Y, 27 ; McEvers resigns as distributor, 27, 28 ; capt. Kennedy requested to protect the vessel conveying the stamps, 29 ; troops requested from gen. Gage, 30 ; Ingersoll requests Colden to secure the stamps for Conn. , 32 ; Hood, the distributor for Maryland, seeks refuge in the fort at N. Y, 33, 35; activity of the newspapers in opposing, 33, 34, 36, 38, 45, 71, 79, 100, 108 ; a secret correspondence between the colo nies, 35 ; a congress of the colonies assemble in N. Y., 35, 46, 91, 458; people running mad against in N. Y. , 37, 452, 457 ; stamps expected to arrive in the vessel with gov. Moore, 38 ; gov. of N. J. wishes his quota kept at N. Y., 38; violent spirit of , the people, 44, 45 ; Colden orders the masters of vessels carrying the stamped paper to seek protection from the ships of war, 47, 463 ; de struction of stamps openly declared iu N. Y, 47, 48; arrival of the stamps, 48, 50, 52, 79 ; Colden re solves to distribute them, 49 ; the streets of N. Y. placarded against them, 49,52, 61, 460; placed in the fort for security, 50, 80, 459 ; David Colden desires the office of distributor, 51 ; Ingersoll notified that the parcels for Conn, have ar rived, 50, 52 ; a mob assembles, insults Colden, and destroys the house of major James, 53-61, 65- INDEX. 513 67, 74, 75, 80, 97-99, 100, 125, 129, 153, 164, 461 ; stamps landed without a guard, 54 ; their delivery demanded, 56, 58 ; placed in charge of the corporation of N. Y., 57, 59, 61, 66, 81, 94, 129, 464; the act of parliament cannot be enforced with out troops, 65 ; N. Y. city quiet, 66 ; judge^\Rpbert R. Livingston one of the principal opposers to the, 67; crisis has arrived as to dependency or independency for the colonies, 67, 77 ; gen. Gage offers troops to support the civil au thority, 75 ; the offenders in N. Y. place their security in numbers, 77 ; agreement not to import goods until the act is repealed, 78 ; the people demand that the stamps be sent on board a man-of-war, 80, 102, 104, 136; violent opposition to, 86 ; Colden's punishment, 87, 88, 89, 107, 111, 116, 122, 129; dangerous to utter sentiments in favor of, 91 ; parliament to be intimidated into a repeal, 91, 99 ; N. Y. encourages the other colonies to resist, 91 ; the judges and council in sympathy with the people, 92, 93; Colden censured by the King for promising to take no action until the arrival of gov. Moore, 94 ; measures to be taken to awe the people, 95 ; no man dared to receive a stamped paper in N. Y, 97, 105; Colden's account of the riot, 97-100; the troubles concerted by the congress, 99 ; capt. Kennedy superseded for refusing to receive the stamps. 103 ; news of the repeal, 108, 178 ; house of commons provide for the pay ment of damages by the mobs, 109, 111, 114; merchants of London re quest submission to parliament, 111; Colden commended by secretary Conway for his good behavior dur ing the riot, 128; smuggling in creased s^nce the repeal, 133, 153, 163, 172 ; Colden the only governor who suffered losses by, 136, 141 ; congress the source of all the dis orders, 160 ; major James' behavior, 177 ; the repeal of the act held as an example of success, 389. Staten Island, Indians to be stopped at the ferries to N. Y., i 277, 279 ; the watering places for vessels at, ii. 11. Stephens, Mr., mentioned, i 370. 33 Stewart, Mr., from Montreal, ii, 43. Stirling [William Alexander, common ly called], Earl of, commander of grenadiers, i. 165; intercedes for Mr. Livingston, 211 ; member of the -/ council, 245 ; supports Apthorp's claim to a seat in the council, 328, 329. Stockbridge Indians, a murder com mitted by, at Kinderhook, i. 207 ; sell their lands, 474. Stone. Col. Nathan, land granted to, ii 348. Suffolk County, levies of men forward ed from, to Albany, i. 92; Indiaft pris oners to be transferred from N. Y. to, 358 ; the sheriff. George Muir son, reports fees, 390 ; appoints a committee of correspondence, ii. 350, 352. Sugar trade with the West Indies, i 27, 28, 36, 49, 50-53, 313. Surinam, mentioned, i. 97. Susannah and Anne, sloop, mentioned, i 201. Susquehanna River, patent for lands on, i 71 ; Indians on the, 277, 279 ; mentioned, 319. Swan, Godfrey, condemned for tho murder of his child and reprieved, ii. 42 ; his petition, 331. Sylvester, Peter, bears gen. Amherst's dispatches to S. C, i 100, 101. Taggot, George, mate of brig Hope, ac cused of murdering Thomas Gould, i. 371. 475. Tamer, H. M. sloop, i 72, 75, 78. 81. Tappan, Indians arrested near, i. 227. Tea, the duty on, prohibits importa tion, ii. 222 ; sent to New York by the East India company, 832 ; re turn of their vessel, 334 ; destruc tion of that brought by capt. Cham bers, 334, 359 ; no tea to be im ported after Dec. 1, 1774, 373. Tediuscung, King of the Delawares, kindly treated at Phil., i.314. Tellichia, Martin de Miranda, men tioned, i. 339. Temple, John, surveyor general of customs in the northern district, appoints his brother Robert, col lector, i. 218; insufficiency of his salary, 398 ; appoints Blundell a land waiter at N. Y. , 402 ; appoints his brother-in-law customs officer for Albany, ii. 22. Temple, Robert, mentioned, i 106, 514 INDEX 254 ; appointed collector of cus toms, 218, 219 ; reports his fees, 390. Templeman, Peter, informed of the winter food used by cattle in Ameri ca, i. 60. Ten Broeck, Abraham, complains of the behavior of British troops in Albany, i. 203 ; a leader of the op position in the assembly, ii. 391, 398. Ten Broeck, John, mentioned, ii. 331. Ten Eyck, Hendrick, to command company of militia, i. 256. Ten Eyck, Jacob H. , mentioned, i 256 ; absent from his seat in the as sembly, ii. 391. Terlush, Capt. Isaac, ordered with his company to Albany, i 94, 97. Tetard, Rev. John Peter, a British subject, i. 198. Thody, Col. Michael, forwards recruits to Albany, i. 91-94 ; to induce his men to re-enlist, 113, 121, 125; commands the N. Y. troops at Oswego, 126 ; mentioned, 210. Thomas, William, convicted of larceny, i. 2J2. Thompson, John, captain of the snow Friends Good Will, i. 464. Ticonderoga, lands reserved for the use of the garrison of, i. 332 ; ii. 360 ; mentioned, i. 399, 400 ; ii. 9 ; mean ing of tbe name, 69 ; the capture of, 412, 422, 423. Tillman, John, petitions for land, ii. 331. ' Tonyn, George A., captain of the fri gate Fowey, i. 57. Totten, Joseph, land granted to, ii. 330. Totten, Peter, disposes of his interest in the Indian purchase, ii. 330. Trade, the board of, letters from gov. Colden to, on public affairs, i. 5, 14, 25, 26, 32, 38, 39, 53, 54, 58, 62. 64, 69, 78, 80, 82, 84, 85, 88, 105, 107, 111, 118, 122, 128, 135, 148, 154, 155, 159, 172, 176, 186, 203, 212, 217, 220, 232, 254, 257, 262, 268. 280, 285, 297, 304, 308, 312, 316, 321, 328, 337, 340, 348, 349, 355, 361, 365, 373, 377, 380, 386, 391, 392, 394, 401, 402, 421, 436, 441, 446, 461, 467, 476, 477, 480 ; ii. 1, 8. 13, 17, 78, 84, 88, 137, 192, 202, 212,219, 345,379, 418. Trinity Church, petition for land, ii. 199 ; the Vestry compliment Colden on his administration, 251. Tryon County, two Seneca Indians confined in the jail, ii. 356 ; not rep resented in the provincial congress, 419. Tryon, William, governor of N. Y., obtains leave of absence and sur renders the administration to Col den, ii. 330, 331 ; instructed to withhold assent from natural ization, divorce, and land bills, 330 ; his agreement with Colden to divide the fees of office, 331 ; Henry White his agent, 332 ; delivers the great seal to Colden and embarks with his wife and daughter, 332, 338, 343 ; appeal from his decree in the case of the church at Jamaica, 337 ; visits the Tunbridge wells for his health, 360 ; informs Colden of his return in the spring, 375 ; held in affectionate remembrance by the council and assembly, 391 ; to re turn to N. Y. by the May packet, 416; mentioned, 350, 362, 363; Colden's letters to, 335, 341, 347, 351, 355, 360, 375, 391, 398. Turnbull, George, recommended for a lieutenancy in the royal americans, i. 115; also for promotion, 212 ; joins gen. Murray's battalion at Quebec, 246. Tusten, Col. Benjamin, to enlist men for the defence of the frontiers of Orange co., i 252. Tweetonondo Hill, unknown, i 393. Ulster County, Delaware Indians at, i. 142 ; Indians threaten to attack the settlers, 222, 223 ; militia regi ments, 222, 223 ; extravagant land grants in, 230, 403 ; invaded by In dians, 250, 251 ; troops for its de- • fence, 251-254; the clerk, George Clinton, and sheriff Abraham Low, Jr. , report fees, 390. Upton, Clotworthy, land granted to, ii. 6-12, 15, 16-19, 21. Utrecht, the peace of, mentioned, i. 272, 273. Van Bueren, Capt. Cornelius, offered a company of Ulster co. militia, i. 254. Van Dam, Rip, refuses the fees of office to col. Cosby, ii. 232, 266, 310. Vandeput, Capt. George, commander of H. M. ship Asia, ordered to N. Y.. ii. 411 ; his arrival, 413 ; to em bark troops, 413, 414, 417; visits INDEX. 515 Colden at Spring Hill, 416 ; for wards despatches to Colden, 417. Vanderbilt, Jeremiah, sheriff of King's co., report of fees, i. 390.' Van Cortlandt, John, master in chan cery, report of fees, i 390. Van Home, David, one of the owners of the sloop Dove, i. 331, 335, 338. Van Rensselaer, Hendrik, the title to his lands at Claverack questioned, i 377. Van Renslaer Jeremiah, land patent to, i. 172. Van Renslaer. Jeremiah, to apply for land patents, ii. 348. Van Renslaer, John, his claim for land, i 158, 172, 173 ; Colden suggests the seizure of the tract, ii. 7, 10, 11. Van Renslaer, Killian, boundary and description of land granted to, i 158, 172. Van Rensselaer manor, map showing disputed boundaries, i. 158. 172. 377. Van Schaick, Jacob, sheriff of Al bany, difficulty with officers of the army in regard to quartering troops, i 44, 45, 46 : death of, 86, 87. Van Schaick, Sybrant G. , mayor of Albany, to examine the cause of capt. Brown's arrest, i 6, 7 ; the quartering of troops, 47. Van Solen, Mr., a British subject, i. 198. Vastrix island, mentioned, i 172, 173. Vaughan, John, lt.-col. of the 94th regt., requests his regiment be quartered on Long Island, i. 41 ; ru mored capture of his men, 97 ; com mands at Niagara, 461 ; witnesses the riots in N. Y, ii. 153. Vera Cruz, trade with, i. 339. Virgin dei Rosario, a Spanish ship, mentioned, i 110. Virginia, expedition against the Chero kees, i. 40, 41 ; gen. Amherst's re quisition for troops, 259 ; frontiers of. invaded by Indians, 336 ; smug glers on the coast, 371 ; resolves of the assembly of May i6, 1769, ii. 194 ; a plan for the regulation of the Indian trade recommended to, 207, 210, 215 ; its failure, 222; her dele gates arrive at N. Y. , 225 ; lord Dunmore commissioned governor, 323, 329 ; critical state of Indian affairs in, 349 ; advocates extreme measures in the continental con gress, 374. Voss. Peter, attempt to dispossess him of lands, i 359. Vroman, Eyda, sues capt. Brown for damages, i 6, 7. Wabash River, proposed trading sta tion on, i 381. Waddel, Robert Ross, attorney for Waddel Cunningham, petitions for a writ of appeal, i 417, 437 ; Cun ningham's partner in trade, 436. Wagener, Peter, granted land, i. 71. Waghanhasigh Creek, mentioned, i. 172, 173. Wallace, Hugh, gives bond for Wad del Cunningham, i 416 ; a member of the council, ii. 379. Wallumschack patent, forcible resist ance to the division of, ii. 196. Walpole, Horace, auditor of revenue, mentioned, i. 388. Walton, Jacob, gives bond for Waddel Cunningham, i. 416 ; supports the government in the assembly, ii. 391. Walton, Joseph, capt. of artillery, re ceives a giant of land, i. 264. Walton, William, agent for Spain, i. 110 ; desires to secure $150,000 due him, 184, 339 ; a member of the council, 245. Wappinger Indians, their claim for land, i 247. Watson, Capt., master of the ship James from GlaBgow, ii. 384, 387, 389. Watts, John, Member of the council, i 56, 245 ; brother-in-law of gov. de Lancey, 56 ; an eminent merchant, and intimate with gov. Monckton, 139 ; his agent, 426, ii. 96 ; a mem ber of the joint committee that re ported against Colden, i. 155, 159, 162 ; a confident of Monckton, 155, 159 ; mentioned, 379 ; goes to Eng land, 405. Wawanaquiasack, on Van Renselaer manor, i. 172, 173 ; one of its boun daries, 377. Wawayanda, patent mentioned, i. 403. Wedderburne, Alexander, retained as counsel for Colden, ii. 236, 239,254. Weggery, John, master of the sloor» Seaflower, i. 102, 108. Wells, Col. Samuel, member of assem bly and judge of the common pleas for Cumberland co., accused of shielding trespassers, ii. 193, 213, 516 INDEX. 214 ; a discreet, resolute man, 408 ; in N. Y. city, 409 ; his life threat ened if he returns home, 410 ; men tioned, 411. Wentworth, Benning, governor of N. H., informed of the death of gov. de Lancey, i. 3 ; proclaims Geo. III. , 57 ; grants unimproved lands, 285-287 ; proclamation, 316 ; re quests the release of persons arrest ed by the sheriff of Albany, 358, 365 ; informed that legal prosecu tions will cease, ii. 3 ; trespasses on the grants, 192, 196, 213; the boundary line of N. H., 475. West, Margery, made prisoner by the Indians, i. 248. ' Westchester County, the clerk, John Bartow, reports fees, i 390. Westenhook patent, petition of the proprietors, ii. 831. West Indies, trade with the, i 9, 27, 28, 36, 49-51 ; French squadrons in the, 204, 206, 214 ; N. Y. troops opposed to service in, 208 ; men tioned, 368 ; ii. 23 ; merchants re quested not to trade with, until the Boston port bill is repealed, 340. Wheel of Fortune, sloop, captured by the French, i 425. Wheelock, Capt. Anthony, commis sary of prisoners, to receive Colden's assistance in forwarding Canadian prisoners, i. 19 ; mentioned, 90, 91 ; in charge of the Accadians, 228. White, Henry, agent for gov. Tryon, ii. 332, 337, 348 ; a member of the council, 379. Whiting, Benjamin, complains of judge Wells, ii. 192, 193, 213. Whitmarsh, Nicholas, interference of Robert Livingston "With his settle ment, ii. 26. Whyte, Robert, M.D., Colden's scien tific papers to be -submitted to, i. 167 ; Colden writes to him on the circulation of the blood, 464 ; teach er of Dr. Samuel Bard, 465. Wilkes, John, the North Briton, burned by the hangman, i. 296. Wilkins, Isaac, a leader of the gov ernment party in the assembly, ii. 391, 399 ; distinguished for his op position to the congress, 406 ; an ob ject of resentment, he goes to Eng land, 406. Willard, Col. Josiah, land granted to, 348. Willett, Alice, daughter of gov. Col den, her sickness and death, i 184 197, 198. Willet, Mrs. Alice mentioned, ii 338. William III., grants a new charter to Mass. Bay, i. 160, 235 ; confirms the boundary of N. Y. and Conn., 239, 286, 302 ; declaration of 1698, in regard to fees of colonial governors, ii. 234, 237, 238, 240, 252, 257, 261, 274, 276, 279, 284, 288. 318, 326. Wilmot, Montague, governor of Nova Scotia, complains of delay in his mails, i 361, 365, 371. Winchester, H. M. ship of war, i 11, 16, 17, 62. Wood, Mr. , mentioned, i. 212. Wood Creek, lands settled on, i. 225 ; ii. 366. Woodbridge, Timothy, mentioned, i. 208. Woodbridge, N. J., Parker's printing press at, ii. 38, 45. Wool, all that is raised in America not sufficient to make stockings for the inhabitants, ii. 77. Yates, Robert, mentioned, ii 331. Ybancs, Philip, Master of the ship Vir gin del Rosario, his claims to be considei*d, i 110. York [James Stuart], Duke of, grant of the provinoe of N. Y. to, i. 160, 234, 235, 238, 286, 289, 290, 293, 302, 303, 307, 817, 467 ; ii 365. York, ship, capt. Peter Berton, sails for London, i. 272. Zephyr, ship of war, i. 19. PUBLICATION FUND. NEW- YORK HISTORICAL SOCIETY. FOUNDED 1804. 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New York, December, 1877. ORIGINAL SUBSCRIBERS TO THE FUND. BHARH w *-* SHAKE 1. Jambs Lenox, N". Y. Oity. 35 William B. Crosby, K Y. City 2. Same, il 36 Horatio S. Brown, tt 3. ' Same, tl 37. John A. Haedenbergh, tt 4. Same, tt 38. William P. Powers, tt 5. Same, ¦ tt 39. Samuel Marsh, tt 6. Same, (t 40. William H. H. Moore, tt 7. Same, tt 41. C. V. S. Roosevelt, tt 8. Same, tt 42. Robert Townsend, Albany. 9. Same, tt 43. David Thompson, 2T. Y. City 10. Same, It 44. James Stokes, tt 11. John B. Moreau, it 45. George O. Peters, tt 12. Henry T. Dkowne, tt 46. George T. Trimble, V 13. Benjamin H. Field, tt 47. William Curtis Noyes, tt 14. Thomas W. 0. Mooee, " 48. Thomas Suffeen, tl 15. George Banceoft, U 49. Richard H. Bowne, tt IS. "William Chauncey, " 50. George H. Pursee, tt 17. Charles H. "Ward, (i 51. John H. Chambers, tt 18. William Menzies, it 52. George W. Pratt, tt 19. J. "Watts de Peyster, ll 53. Henry A. Hurlbut, tl 20. Edwin Oroswell, ii 54. August Belmont, It 21. 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Bushnell, II 168. 110. John 0. Calhoun, ti 154. Ul. Thomas J. Leb, Boston, Mass 155. tt tt tl S. Whitney Phcbnix, N. T. City Same, " Same, " Same,Same, " Same, " Same,Sams, Same,Same, " Same, " Same, " J. B. Bright, Waltham, Mass. Robert L. Stuart, N~. Y. City Same, " Alexander Stuaet, " Same, " Geoege T. Jackson, " JonN A. Anderson, " Charles P. Daly, " Evert A. Duyokinok, " Henry C. Carter, " Andrew J. Smith, " Mathias Bloodgood, " J. Romeyn Brodhead, " Jno. A. McAllister, Phila., Pa. Nath. W. Hunt, N. Y. City. Theo. S. Parker, Hobolcen, N. J. William M. Brown, IT. Y. City. And. Brown, Middletown, N. J. Joseph B. Varnum, N. Y. City Charles B. Cotten, " Alvin A. Alvord, " Wm. Henry Arnoux, " Same, " Same, " Same, " Albert Smith, New Boehslle. M. O. Morgan, N. Y. City S. Howl and Robbins, " Francis Bacon, " A. Spiers Brown, " George O. Colburn, " John Calvin Smith, Manliui. SUBSCRIBERS TO THE FUND. 523 156. W. B. Eager, Je., N. Y. City. 157. Isaac J. Greenwood, " 158. Feedeeio R. 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FAYERWEATnER, " 1 94. John A. Hardenbergh, " 195 J. W. Weidbmeyer, " 196. Edwin Faxon, Boston, Mass. 197. F. A. Gale, N. Y. City. 8HAK S 198. John Caswell, N. Y. City 199. William O. Doenin, ti 200. William P. Cooledge, tt 201. John R. Foed, 202. Israel Corse, tt 203. Daniel Moeison, tt 204. John Beidge, tt 205. Wilson G. Hunt, tt 206. Chaeles H. Smith, tt 207. John P. Crosby, tt 208. Erastus Corning, Albany. 209. Same, 210. James B. Colgate, N. Y. City 211. Samuel Marsh, tt 212. Edwin Parsons, .t 213. Robert J. Hubbard, tt 214. J. Watts de Peyster, tt 215. James A. Raynoe, tt 216. Robert J. Livingston, tt 217. John C. Barron, tt 218. Henry K. Bhewee, ti 219. John A. Nexsen, n 220. Marshall O. Roberts, tt 221. William N. Blakeman, n 222. Herman C. Adams, ii 223. Thomas B. Gunning, tt 224. .Abraham Bogardus, ti 225. John E. Lauer, tt 226. E. M. Crawford, tt 227. James 0. Holden, ii 228. Samuel Colgate, it 229. William B. Ross, ti 230. William K. Hinman, k 231. John W. Quincy, ti 232. James M. Bruce, u 233. Miss Annie Moreau, it 234. Lewis Hallock, ti 235. The Libraey of the City ca Amsterdam, Amsterdam, Netherlands. 236. Mrs. Anna Boynton, City. IT. Y. 237. Rufus D. Case, N. Y. City 238. Cyrus Butler, ti 524 SUBSCRIBERS TO tHE FUND. BHARH239. Richard S. Field, Princeton, N.J. 240. A. O. Zabriskie, Jersey City, N.J. 241. Michael Lienau, Jersey City, N.J. 242. William A. Whitehead, New ark, N. J. 243. Simeon Draper, N. Y. City. 244. Freeman M. Josselyn, Boston, 245.246.247.248.249.250. 251.252. 253. 254.255.256.257.258. 259.260.261.262.263.264.265.266.267.268.269. 270.271.272.273. 274.275. Theodore W. Riley, N. Y. City. John Boyd, Jr., " George K. Sistaee, " J. Waeren S. Dey, " William H. Bridgman, " Anson Phelps Stokes, " William C. Martin, " A. Robertson Walsh, " Joseph A. Sprague, " Charles A. Peabody, " William H. Morrell, " John V. L. Pruyn, Albany, N. Y. Feedeeiok Jambs de Peyster, N. Y. City. William H. Macy, N. Y.' City. Thomas Paton, " David Stewart, " David Stewart, Jr., " John E. Williams, " John P. Townsend, " William H. Moreell, " Homee Morgan, " John Armstrong, " Same, " Same, " Same, " N. Norris Halstead, Harri son, Hudson Co., N. J. Wm. 0. Tallmadgb, N. Y. City. Howard Crosby, " Mrs. Mary E. Brooks, " Edward Hodges, " Robert W. Rodman, " itit « tt tt tt 276. John L. Rikeb, N. Y. 277. Walter R. T. Jones, " 278. Claudius L. Monell, " 279. Byam E. Stevens, Jb., " 280. Francis Many, u 281. Henry M. Tabeb, 282. T. M. Peters, 283. John B. Cornell, 284. S. Alofsen, 285. Same, « 286. Robert B. Minturn, Jr., " 287. George Tugnot, " 288. Rufus S. Bergen, Green Point. 289. Benj'n W. Bonney, N. Y. City. 290. Benj'n W. Bonney, Jr., " 291. John S. H. Fogg, Boston, Mass, 292. John H. Wright, " 293. William Wood, N. Y. City. 294. F. G. Van Woert, 295. Alex'r T. Stewart, " 296. John B. Cronin. 297. Georgf D. Moegan, 298. Homer Tilton, " 299. Samuel Feost, " 300. Same, 301. James H. Pinkney, " 302. William T. Pinkney, " 303. Charles H. Phillips, " 304. James Eager, " 305. William Underbill, " 306. John D. Clctte, " 307. Abraham B. Embury, " 308. Ohakles L. Riohaedb, " 309. William Beard, " 310. James H. Welles, " 311. John Gallier, " 312. Charles Le Boutillibb, " 313. Thomas Lb Boutillieb, " 314. John G. Lamberson, " 315. Russell O. Root, " 316. Clarkson Ceolius, " 317. William Murphy, Chappagua. 318. Daniel T. Willets, N. Y. City 819. Ohaeles Gould, " SUBSCRIBERS TO THE FUND. 525 SHARK320. John B. Bartlett, N. Y. City. 321. Mathias Olabk, " 322. Robert M. Roberts, " 323. Jas. Hasbeougk Sahleb, " 824. Frederic de Peystee, " 325. Same, " 326. Same, " 327. John J. Latting, " 828. David Buffum, " 829. F. H. Paekeb, " 830. George W. Thompson, " 831. Thomas F. Youngs, " 832. Oliver G. Barton, " 333. Abram E. Cutter, Charlestown, 335. 836.337.338.339. 340.341.342.343.344. 345.346.847.848.349. 350.351.352.853.354.855.356.857.358. 359.360.361. Tipton, William E. Lewis, N. John H. Johnston William B. Cleeke, John O. Connor, Henry T. Morgan, Abram A. Leggett, James Davett, Erastus S. Brown, Asher Taylor, Edwabd Bill, William H. Tuthill, Cedar Co., Iowa. Henry S. Teebell, N. Y. City. George W. Abbe, " Sidney Mason, " Charles Shields, " George B. Dorr, " Gaedinee Pike, John 0. Beatty, " Loea B. Bacon, " Charles H. Ludington, " James Brown, Chaeles O'Conob, " Chaeles B. Collins, " John H. Wright, Boston, Mass. Wm. S. Constant, N. Y. City. Geo. W. Wales, Boston, Mass. John L. Deen, ' N. Y. City. T. Matlaok Chessman, " SHABI 362. Maximilian Rader, N. Y. City 363. J. Hobart Herrick, it 364. Louis P.. Griffith, tt 365. Barrow Benrimo, it 366. Edward F. DeLancey, it 367. Samuel L. Breese, ii 368. D. Henry Haight, tt 369. John Adeianoe, tt 370. Same, it 371. Joseph W. Alsop, it 372. Henry Chauncey, ti 373. Frederick Chauncey, it 374. William Habirshaw, n 375. Henry A. Heiseb, it 376. William H. Jackson, tt 377. Elijah T. Brown, it 378. Henry K. Bogert, tt 379. Addison Beown, u 380. Eenest Fiedler, ii 381. J. Watts de Peystee, tt 382. William Remsen, ti 383. Waltee M. Undeehill, it 384. Samuel W. Feanois, tt 385. George Livermore, Cambridge Mass. 386. Same, tt 387. Same, it 388. Same, tt 389. John F. Gray, N. Y. City 390. Henry G. Geiffen, ti 391. Thomas S. Berry, tt 392. Calvin Durand, ti 393. Robert B. Minturn, u 394. F. A. P. Barnard, it 395. William Bryoe, u 396. James Bbyoe, it 397. Augustus Belknap, it 398. Andrew Wilson, ti 399. William J. Van Dubeh tt 400. John C. Havemeyer, tt 401. John T. Agnew, ' 402. Same, ii 403. Charles E. Beebe, u 404. Nathaniel W. Chateb it 526 SUBSCRIBERS TO THE FUND. 405.406. 407. 408.409.410. 411. 412.413. 414. 415. 416.417.418. 419. -420. 421.422. 423. •424. 425. 426. -427.-428. 429.430. ¦431. 432. 433. 484.435. 436.437.438. 439.440.441.442. 443. ¦444. 445. 446. George 0. Collins, N. Y. City. William H. Goodwin, " Charles G. Harmee, " William Hegeman, " Peter V, King, " George W. Lane, " Louis F. Therasson, " Henry F. Sewall, " Miss Elizabeth Clarkson Jay, N. Y. City. William E. Dodge, " William E. Dodge, Jb., " George W. Robins, " John D. Locke, " John McKesson, " Richard M. Hoe, " Robert Hoe, " Peter S. Hoe, " Augustus W. Payne, " William Oothout, " Edward Oothout, " Edward F. Hopkins, David E. Wheeler, " John H. Sprague, '' Theodore Van Norden," George de Heart Gillespie, N. Y. City. Benjamin G. Arnold, " Ooeidon A. Alvord, " Same, " Same, " Same, " J. Otis Ward, " James Lenox, '' Same, " Jabez E. Munsell, " Arnold O. Hawes, " Jacob W. Febter, " Daniel Spring, " John 0. Green, " David L. Holden, " Joseph W. Patterson, " Gordon W. Burnham, " Samuel Wilde, Jr., " SHARE 447. 448.449.450. 451.452: 453.454. 455. 456. 457.458.459. 460.461.462. 463.464. 465. 466. 467. 468. 469. 470. 471.472. 473.474. 475. Miss Eliza S. Quincy, Quincy Mass. 476. Alfred Brookes, N. Y. City. 477. Henry Youngs, Jr., Goshen 478. Jeeemiah Loder, " 479. Thomas H. Armstrong, " 480. William 0. Bryant, " 481. Matthew P. Read, " 482. Manning M. Knapp, Hacken sack, N. J. 483. Lockwood L. Doit, Albany. William B. Taylor, Jb., N. F, City. William V. Brady, " Oliver Hoyt, " Chaeles W. Leooue, " John H. Swift, " Hugh N. Camp, " W. Woolsey Weight, " Jed Feye, " Henry Owen, " William A. Young, Albany John Buckley, Jb., N. Y. City D. Randolph Martin, " Samuel L. M. Barlow, " E. W. Ryebson, " Samuel Shethab, " Geo. Brinley, Hartford, Conn. Augustus F. Smith, N. Y. City. William H. Huelbut, " Henry A. Huelbut, " Mes. Sophie H. Scott, " The N. Y. Society Library, New York City. Thomas K. Marcy, N. Y. City. Jas. Y. Smith, Providence, E. I. Wm. B. Bolles, Astoria, N. Y. Gouv. Moeris Wilkins, New York City. James T. Fields, Boston, Mass. Horace P. Biddle, Logansport, Indiana. A. L. Roache, Indianapolis, ire- SUBSCRIBERS TO THE FUND. 527 SHARK484. Walter L. Newberry, Chicago, Illinois. 485. Hamilton Fish, New York City. 4S6. Wm. B. Towne, Boston, Mass. . 487. Same, " 488. Same, " 489. Same, " 490. Sidney W. Dibble, N. Y. City. 491. Chaeles J. Seymour, Bing- hamton, N~. Y. 492. D. A. McKnight, Kansas City, Mo. 493. Chas. H. Houbman, N. Y. City. 494. James M. Chichester, " 495. William W. Greene, " 496. Francis F. Doer, " 497. Charles W. Whitney, " 498. Robert D. Hart, " 499. George H. Mathews, " 500. Thomas Addis Emmet, " 501. Andrew J. Smith, " 502. William D. Maxwell, " 503. Charles A. Macy, Jr., " 504. Thomas W. Field, 505. Chaeles Goeham Barxey, Richmond, Va. 506. Benj. B. Atteebuey, N'. Y. City. 507. Richard W. Roche, " 508. Thomas n. Morrell, " 509. Smith Barker, " 510. everardus b. wabner, " 511. Augustus T. Francis, " 512. Wm. A. Slingerland, " 513. Riley A. Brick, " 514. Same, " 515. Walter M. Smith, " 516. Henry Elswoeth, " 517. John Heckee, " 518. Warren Ward, " 519. Chaeles G. Judson, " 520. J Meredith Read, Jr., Albany. 521. John H. Van Antweep, " 522. Wm. M. Van Wagenen, " 523. Wm. T. Ryerson, N'. Y. City. N. Y. City SHARK524. Edwin Hoyt, 525. John Van Nest, " 526. Clinton Gilbert, " 527. J. Oaeson Brevoort, Brooklyn, 528. Same, " 529. Isaac D. Russell, N. Y. City, 530. Henry Oothout, " 531. Alexander P. Irvin, " 532. Beriah Palmer, " 533. Robert Souell, " 534. Alfred T. Ackeet, Rhinebeck. 535. John H Watson, N. Y. City. 536. Abraham Baldwin, 537. Ezra A. Hayt, " 538. William G. Lambert, " 539. CnARLES S. Smith, " 540. CnAELES A. Macy, " 541. Samuel Raynor, " 542. Lucius Tuokerman, " 543. William Betts, " 544. William K. Strong, " 545. John D. Jones, '* 546. Same, " 547. Thomas 0. Doremus, " 548. Rudolph A. Witthaus, Jr., N. Y. City. 549. F. W. Macy, Cranford, N. J. 550. J. N. Ireland, Bridgeport, Conn. 551. William Montkoss, N. Y. City 552. Samuel R. Mabbatt, " 553. Jacob S. Wetmore, " 554. Marvelle W. Cooper, " 555. Abraham M. Cozzens, " 556. Jacob Van Waoenen, 557. John H. Riker, 558. Wm. Alexander Smith, " 559. George Dixon, Jr., " 560. Hamilton Odell, " 561. CnAELES B. Richardson, " 562. Hoeatio Nichols, " 563. George T. Hall, " 564. Henry A. Burr, " 565. Franklin H. Delano, ** 566. James M. Deuel, " it a 528 SUBSCRIBERS TO THE FUND. SnARB "¦ 567. Richard Irvin, Jr., N. Y. City. 6G8. Dudley B. Fuller, *' 669. Henry A. Smythe, " 570. Josiah S. Leverett, " 571. J. S. Davenport, Boston, Mass. 572. Bronson Peck, N. Y. City. 573. William A. Allen, " 574. William Dowd, " 575. David L. Baker, " 576. John G. Shea, " 577. Clarkson N. Potter. " 578. David D. Field, " 579. William H. Appleton, " 580. Samuel J. Tilden, " 581. James W. Gerard. " 682. Timothy G. Ohubohill, " 583. Parker Handy, " 584. Nathaniel Hayden, " 585. John G. Holbrooke, " 586. Robert H. MoCuedy, " 587. Rush 0. Hawkins, " 588. L. M. Ferris, Jr., " 589. Theo. Roosevelt, " 590. J. Butler Wright, " 691. George Palen, " 592. George Geiswold, " 593. 0. D. Munn, «• • 694. Frank Moore, " 595. William 5- Lee, " 596. H. P. Crozier. 597. Henry E. Clark, " 698. Jackson S. Schultz, " 599. John Caetee Beown, Prov idence, R. I. 600. John Oaeter Brown, 2d, Prov idence, R. I. 601. Peleg Hall, N.Y. City. 602. Charles L. Anthony, " 603. George W. Hall, " 604. J. T. Leavitt, " 605. Joseph Howland, Matteawan. 600. John W. Munro, N. Y. City. 607. Parker Handy, " 60S. Same, SHARK609. Parker Handy, N. Y. Gifj 610. George Griswold, " 611. Willard Parker, *' 612. Alex'b W. Bradford, " 613. Benjamin L. Benson, " 614. Edward Sohell, " 615. A. B. Kellogg, " 616. Joseph O. Brown, ' 617. E. B. Oakley, « 618. Nathaniel Jarvis, Jr., u 619. David S. Duncomb, " 620. Augustus K. Gardner, " 621. L. Bayabd Smith, " 622. Louis df. V. Wilder, " 623. William E. Bird, 624. Franklin B. Hough, LowvilU. 625. Thomas P. Rowe, N. Y. City, 626. Samuel Osgood, " 627. Charles A. Meigs, " 628. Edward H. Purdy, " 629. Joseph F. Joy, " 630. Hezekiah King, " 631. Horace W. Fuller, " 632. William H. Post, " 633. Edward D. Butler, " 634. Henry B. Dawson, Morrisania. 635. Almon W. Griswold, N. Y. City. 636. S. Townsend Cannon, " 637. Theodore M. Barnes, " 638. Joel Munsell, Albany. 639. Same, " 640. Thomas A. Bishop, N. Y. City 641. Same, 642. Nicholas F. Palmer, " 643. J. L. Leonard, LowviUe. 644. David C. Halstead, N.Y. City 645. Thomas Morton, . " 646. J. F. Sheafe, " 647. Henry A. Bostwiok, '' 648. Hiram D. Dater, *' 649. George H. Williams, " 650. Aug. W. Reynolds, " 651. Silvanus J. Macy, « 652. Henry J. Scudder, " SUBSCRIBERS TO THE FUND. 529 SHARK653. N. W. Stuyvesant Catlin, N. Y. City. 654. H. Tracy Arnold, N. Y. City. 655. Benjamin R. Winthrop, " 656. Same, " 657. Benj. R. Winthrop, Jr., " 658. Egerton L. Winthrop, N. Y. City. 659. Franklin Edson, Albany. 660. Robert C. Melvain, N. Y. City. 661. Archibald Russell, " 662. William I. Paulding, . Cold Spring. 663. JohnRomeynBbodhead, N. Y. City. 664. John L. Kennin, NT. Y. City. 665. James Stokes, Jr., " 666. John A. Russell, " 667. E. M. Wright, 668. Eveeardus Warner, " 669. Everardus B. Warnee, " 670. John C. Hewitt, " 671. Peter Stryker, PMla., Pa. 672. Wilson M. Powell, N. Y. City. 673. Samuel H. Brown, " 674. Ellsworth Eliot. " 675. John T. Klots, " 676. Charles H. Dummer, " 677. Henry D. Bulkley, " 678. J. K.Hamilton Willoox," 679. Appleton Sturgis, " 680. William T. Salter, " 681. William Rockwell, " 682. E. H. Janes, 683. Thomas B. Newby, " 684. Louis de V. Wilder, " 685. Same, " 686. Samuel Coulter, " 687. Ralph Clark, " 688. Thomas F. De Voe, " 889. John Groshon, 690. S. L. Boardman, Augusta, Me. 691- OnARLFS J. Folsom, N. Y. City. 692. George Folsom, SHARE693. Everardus Warner, N.Y. City 694. George 0. Eyland, " 695. O. F. Hardon, " 696. F. Wiley, " 697. Alexander Wiley, ' 698. John W. Scott, Astoria. 699. Edward Anthony, N. Y. City 700. Chauncey P. Smith, Wolcott. 701. H'y Cameeden, Jr., N. Y. City, 702. George Bancroft, " 703. Abraham R. Warner, " 704. James W. Puedy, Suffern, 705. Chas. Congdon, B'klyn, N. Y. 706. Long Island Historical Soci ety, Brooklyn, N. Y. 707. Brooklyn Mercantile Librar-j Association, Brooklyn, N. Y. 708. New Bedford. Free Library, New Bedford, Mass. 709. John David Wolfe, N. Y. City. 710. Miss 0. L. Wolfe, 711. George W. Cook, 712. James L. Woodward, " 713. William Frederick Poole, Boston, Mass. 714. Benjamin H. Field, N. Y. City. 715. Cortlandt De Peyster Field, N. Y. City. 716. JohnFitoh, N. Y. City. 717. Same, 718. F. Augustus Wood, " 719. John H. Dillingham, Haver, ford College, Pa. 720. F. Augustus Wood, N. Y. City 721. Charles A. Peabody, " 722. Edwin F. Corey, Jr., * 723. John G. Lamberson, " 724. Same, " 725. John E. Parsons, " 726. Gratz Nathan, " 727. B. F. De Costa, " 728. Henby O. Potteb, " 729. Henby Nicoll, " 730. Geobge E. Moobk, " 530 SUBSCRIBERS TO THE FUND. SHARE731. John F. Tbow, N. Y. City. 732. Same, ' 733. Same, 734. Same, 735. Same, 736. Same, 737. Same, 738. Same, 739. Same, 740. Same, 741. George H. Moore, 742. Same, 743. Same, 744. Same, 745. Same, 746. Same, SHARE747. George H. Moore, N. Y. City, 748. Same, 749. Same, 750. Same, 751. William J. Hoppin, 752. James W. Beekman, 753. Joseph F. Loubat, 754. Carlisle Norwood, Jr., 755. James Havemeyer, 756. The Peabody Institute, Bal timore, Md. 757. T. Harrison Garrett, Balti more, Md. 758. The Library of the Univer sity, Toronto, Canada. 759. Francis Baker, N. Y. City. SHAREHOLDERS BY TRANSFERS TO DECEMBER, 1877. 18. Joseph J. Cooke, Providence, R. I. 20. George Farmer, N. Y. City. 81. Henry P. Campbell, " 41 . James A. Roosevelt, " 43. Mrs. Sarah D. Thompson," 47. Rachel T. Whitehead, " 83. Hugh H. Bowne, " 84. Edward A. Walton, " 90. Asher R. Morgan, " 94. Charles H. Guild,^!** Somer ville, Mass. 98. Jacob A. Gross, N. Y. City. 111. J. K. Wiggin, Boston, Mass. 138. Eugenia Brodhead, N. Y. City. 150. George H. Peeke, Jersey City, N.J. 167. John J. Thompson, N. Y. City. 174. Lucie P. Benedict, " 187. J. K. Wiggin, Boston, Mass. 195. Ellsworth Eliot, M.D., N. Y. City. 284. Samuel C. Blackwell, Somer ville, N. J. SHARE 296. Eleanor Mary Cronin, N. Y. City. 305. Fred'k Thompson, N. Y. City. 331. Samuel Y. Clark, " 349. Harvard College Library, Cambridge, Mass. 351. TnoMAS H. Montgomery, N. Y. City. 358. Robert S. Miller, N. Y. City. 426. Everett P. Wheeler, " 427. John H. Sprague, " 450. Eugene H. Lecour, " 470. William Bolles Halsey, N. Y. City. 496. Boston Athenaeum, Boston, 502. TnE Public Library, Cincin nati, Ohio. 508. Joseph Sabin, N. Y. City. .509. D. Noble Rowan, " 513. Joseph Sabin, " 528. The Astor Library, " 532. Nathan B. Walker, " 540. Francis H. Macy, Jr., " 559. David G. Francis, " SUBSCRIBERS TO THE FUND. 531 SHARE643. The Trustees of the Low- ville Academy. 663. Eugenia Brodhead, N. Y. City. 664. Frank Nicolls Kennin, On tario, Canada. 670. Wm. P. Prentice, N. Y. 684. Edward C Wilder, 085. C V. B. OSTBANDER, ' SHARE 698. The College of New Jersey, Princeton, N. J. 714. John Everitt, N. Y. City. 716. James M. Hunt, " 719. Haverford College Library, Haverford College, Pa. 723. Henry H. Thompson, N. Y. City. 727. David G. Francis, N. Y.