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YALE UNIVERSITY
LIBRARY

COLLECTIONS

NEW- YORK HISTORICAL SOCIETY,

FOR THE YEAR 1830.

VOLUME V.

NEW-YORK :
PRINTED FOR THE SOCIETY.
1830.

THli]

HISTORY

op THE LATE

PROVINCE OF NEW-YORK,

ITS DISCOVERY,

APPOINTMENT OF GOVERNOR GOLDEN,

1762.

BY THE HON. WILLIAJSI SMITH,
Formerly of New-York, and late Chief Justice of Lower Canada.

VOL. n.

MGW-YORK:
PUBLI.SHED UNDER THE DIRECTION OF THE NKW-YORK
HISTORICAL SOCIETY.
1829.

CONTINUATION

HISTORY OF NEW-YORK.

CHAPTER I.

From, Colonel Cosby^s appointment to his death; and to the
appointment of Mr. Clarke as President ofthe Province, in
1736.
Upon the death of Mr. Montgomorie, the province
was committed to the care of Colonel William Cosby :
he had formerly governed Minorca, and exposed him
self to reproaches in that island, which followed him
across the Atlantic. It was by his order that the
effects of one Coppodoville, a Catalan merchant, then
residing at Lisbon, were seized at Port Mahon, in
1718, several months before the war of that year was
declared against Spain ; and he was charged with
scandalous practices to secure the booty, by denying
the right of appeal, and secreting the papers tending
to detect the iniquity of the sentence, and enabling
the proprietor to procure its reversal. He arrived
here the 1st of August, 1732, and on the 10th spoke
to the Assembly, who had met several days before,
agreeably to an adjournment. After informing the
House, that the delay of his voyage was owing to his
desire of assisting the agents for defeating a bill
brought into Parliament, partial to the sugar islands,
he declared his confidence in their willingness to
provide for the support of government, by settling a
revenue as ample and permanent as in any forraer
instance; urged their attention to the Indian com
merce, and promised his power and interest to ren
der them a happy and flourishing people.
1

2 Smith's Continuation ofthe [Chap. L
, The Assembly were more liberal in the address
with their thanks than their promises ; for they merely
engaged in general to contribute to the ease of his
administration, and therefore he repeats his request
when they come before bim to present it.
From their dread of the success of the sugar act,
they did not hesitate about a revenue to support the
government for six years ; nor to secure out of it, the
payment of a salary of fifteen hundred and sixty
pounds to the Governor, with the emoluments of four
hundred pounds per annum in fuel and candles for
the fort, and one hundred and fifty pounds, for his
voyage to Albany, besides a sum for presents to the
Indians. But it was late in the session before they
voted any compensation for his assistance to the
agents, and not till after the support bill had been
passed. They then agreed only to present him with
the sum of seven hundred and fifty pounds. The Go
vernor, who had intelligence of it, intimated his dis
gust, but in terms which, though it procured him an
augmentation of two hundred and fifty pounds more,
lost him their esteem. He accosted Mr. Morris, one
of the members, on this occasion, in terms expressing
a contempt of the vote. " Damn them," said he,
" why did they not add, shillings and pence } Do they
think I came from England for money.'' PU make
them know better."
This year was the first of our public attention to
the education of youth : provision was then made for
the first time to support a Free School, for teaching
the Latin and Greek tongues, and the practical
branches of the mathematics, under the care of Mr.
Alexander Malcolm of Aberdeen, the author of a
Treatise upon Book-keeping. The measure Avas pa
tronised by the Morris family, Mr. Alexander, and
Mr. Smith, who presented a petition to the Assembly
for that object ; such was the negligence of the day,
that an instructor could not find bread, from the vo
luntary contributions of the inhabitants, though our
eastern neighbours had set us an example of erect
ing and eadowing colleges early in the last centurv.

1732.] History ofJYew-York. 3
The bill for this school, drafted by Mr. Philipse the
speaker, and brought in by Mr. Delancey, adminis
tered to some merriment. It had this singular pre
amble : " Whereas the youth of this colony are found,
by manifold experience, to be not inferior in' their
natural geniuses to the youth of any other country in
the world, therefore, be it enacted," &c.
The opposition to the sugar act, Avhich now en
grossed so much the public attention, was unsuccess
ful. Mr. President Van Dam, the Council, and the
Assembly, had all concurred in a petition against it
to the King, while Mr. Cosby was in England. They
represented the islands as aiming at a monopoly in
jurious both to the colony and the mother country :
asserted that this colony took off more British wool
lens than all the islands together, except what was
imported by Jamaica for the Spaniards ; that the act
would reduce them to raise their own clothing ; that
the provisions, horses, and lumber exported from this,
and the colonies of New-Jersey and Pennsylvania,
brought returns from the foreign as well as British
islands, in money, rum, sugar, molasses, cocoa, indigo,
cotton, all which, except the rum and molasses, were
either consumed here, or furnished remittances to
Great Britain fpr her balance against us; and the
specie sent from this colony alone, they conceived to
be more than from all the British islands together,
Jamaica only excepted : they denied that the British
sugau islands could take olFhalf the provisions raised
by the three northern colonies aforementioned, or
supply us with rum without lessening the exports of
sugar. Nothing could be more importunate than
their supplications for the King's protection against
the West India project : and now the Assembly de--
voted one hundred and fifty pounds per annum, with
fifty pounds more for disbursements, to any person
whom certain merchants of London should nominate
as their agent, to assist this colony in what they con
ceived to be threatening them with ruin; for they
apprehended that all purchasers from the foreign

4 Smith's Continuation of the [Chap. I.
islands for our products, were to be totally prohibited
— a design, however, not countenanced by the act.
While Mr. Vaii Dam was in the chair, it became a
question in Council, on drawing the warrants for the
Governor's salary, whether the whole or only the moi
ety should be received by the President. The Assem
bly were consulted upon it, but declined an opinion.
The Council then advised warrants to Mr. Van Dam
for the whole salary, and he received the money.
Mr. Cosby came out with the King's order ofthe 31st
of May, 1732; for the equal partition between himself
and the President, of the salary and all perquisites
and emoluments of government during his own ab
sence. Van Dam was contented, if the Governor
Would also divide with him the sums which came to
his hands in England, for he confessed his own re
ceipts to amount to no more than one thousand nine
hundred and seventy-five pounds, seven shillings and
ten-pence, and insisted that the Governor's were six
thousand four hundred and seven pounds, eighteen
shillings and ten-pence. Colonel Cosby would not
consent to this demand, and the President, who
thought him his debtor, refused to tender him a far
thing, and demanded a balance. The Governor, to
compel the payment and prevent any discount, was
advised to proceed against Van Dam in the Exche
quer, for in a suit at common law he dreaded a set
off and the verdict of a jury, the President being a
popular and reputable merchant. In Chancery no
measures could be taken, for there the Governor pre
sided, and could not be an unexceptionable judge in
his own cause.
The Supreme Court exercised the ample authori
ties both of the King's Bench and Common Pleas,
and its sittings, or terms, had been fixed by ordinan
ces of the Governor with the advice of the Council.
In certain instances, the Judges had proceeded ac
cording to course of the Exchequer, their commis
sions directing them « to make such rules and orders
p.s may be found convenient and useful, as near as
may be agreeable to the rules and orders of our

J 732.] History of J^ew-York, o
Courts of King's Bench, Common Pleas, and Ex
chequer." Hence the hint for proceeding in Equity before the
Judges of the Supreme Court, as Barons of the Ex
chequer, the majority of whom, Messrs. Delancey and
Philipse, were the Governor's intimate friends. In
Mr. Morris, the Chief Justice, he had not equal con
fidence. As soon as Bradley, the Attorney General, brought
a bill in this Court against Mr. Van Dam, the latter
resolved to file a declaration at common law against
Mr. Cosby, before the same Judges, for his moiety as
money received by the Governor to his use, and re
quired his Excellency, by a letter ofthe 27th August,
1733, to give orders for entering his appearance. at
his suit. The Governor slighted his request, and Van
Dam, by his counsel, moved the Judges in the subse
quent term bf October, for their letter to his Exce^
lency, similar to the practice of the Chancery where
a peer of the realm is defendant. The Judges per
mitted him to file his declaration, but refused the
letter, as unprecedented at law, and left him to choose
the ordinary process. A summons was then offered
to the Clerk of the Court for the seal, but he would
not affix it to the writ. The Attorney General had in
the mean time proceeded before' the same Judges in
Equity, to a commission of rebellion, and Van Dam
found himself compelled to a defence.
It is natural to imagine that Van Dam's hard and
singular situation would excite pity, and that the po
pulace might be induced to redeem him from oppres
sion. He had early engaged Messrs. Alexander and
Smith, two lawyers in high reputation, for his coun
sel. They took exception to the jurisdiction of the
Court, and boldly engaged in support of the plea.
But when judgment was given by the puisne Judges
for overruling it, the Chief Justice opposed his breth
ren, in a very long argument in writing, in support of
his opinion ; at which the Governor was much offend
ed, demanded a copy, and then the Judge, to prevent
misrepresentation, committed it to the press.

t> Smiths Continuation ofthe [Chap. I.
The exceptions were three :— That the Supreme
Court, which claimed this jurisdiction in Equity, was
established by an ordinance ofthe late King George
the First, and expired at his demise, and had not been
re-established in the present reign : — That his pre
sent Majesty, by his commission to Governor Montgo
morie, under the Great Seal of Great Britain, having
commanded him to execute all things in due manner,
according to the powers granted by that commission,
and the instructions therewith given by the 39th ar
ticle, of which he was required to grant commissions,
with the advice of the Council, to persons fit to be
Judges, and that he had commissioned Mr. Delancey
and Mr. Philipse without such advice :-T-That they
had no jurisdiction or authority to compel the de
fendant to appear upon oath, concerning the matters
in the bill ; and there is no prescription, act of Parli
ament, nor act of Assembly, to establish any Supreme
Court, nor to empower any Court or persons to hold
cognizance of pleas in a Court of Equity, in or for this
province. Mr. Cosby went to his government in Jersey very
soon after the order for overruling the plea, which
was the 9th April, 1733, in the presence of a crowded
and exasperated audience; and upon his return in Au
gust, presented Mr. Delancey, at, the Council Board,
with a commission to be Chief Justice, and had
issued another advancing Mr. Philipse to the second
seat. The members present, besides Delancey, were
Clark, Harison, Colden, and Kennedy, so that he
could not form a Board for this step, there wanting
the necessary quorum of five competent members.
He did not ask their opinion or advice on this un
guarded measure, which added fresh oil to the flame,
already spread through the colony, and excited the
fears of the multitude.
The Assembly meeting soon after in autumn, Mr.
Morris was chosen to represent the county of West
chester, in the place of a deceased member ; but he
did not present the indenture of his return till the

1733.] History ofJYew-York. 7
last day of a short session, in which nothing of much
moment was transacted.
The Court (for all the province was already di
vided into two parties) made an ineffectual opposi
tion to Mr. Morris's introducing his son Lewis into
the Assembly, as the Burgess of the town of West
chester. One Forster, a schoolmaster, and appointed
Clerk of the Court by Mr. Cosby, was set up against
Mr. Morris, and supported by Mr. Delancey and Mr.
Philipse, who canvassed against the old Judge, vy^ho
offered himself to the county. The Quakers were all
set aside by the Sheriff" Cowper, who insisted upon
an oath instead of the affirmation, to prove their
freeholds ; a violence, however, which laid the foun
dation for a law in their favour, while it added, for
the present, to the general discontent, already risen
so high in the capitol, that their joy on Mr. Morris's
next arrival there, was announced by the explosion
ofthe cannon ofthe merchants' ships in the harbour,
and by the citizens meeting and conducting him,
with loud acclamations, to a public and splendid
entertainment. The arts, common in such ferments, were played
off'by the leaders oHhe opposition. Zenger's Weekly
Journal was enga^?d in their service, and a great
part filled with extracts from the spirited papers of
Trenchard, Gordon, and other writers on the popu
lar side ; while Bradford's Gazette was employed to
defend the Governor and his party.
In the course of the winter of 1734, two vessels
arrived for provisions from Louisburgh, where such
strong fortifications were erecting as excited the jea
lousy of all the northern colonies ; and the circum
stance of their sounding the passage up from the
Hook being discovered, an advantage was taken of
it, and an affidavit taken to prove it, published in the
papers. The odium fell on the Governor, as counte
nancing the design of exposing the port and colony
to, the French ; and Mr. Van Dam made this one of
the articles of the charge of mal-administration,

8 Smiths Continuation of the [Chap. I.
which he transmitted against him, though there did
not appear the least ground for the imputation.
At the parting of some company from Mr. Alexan
der's, late in the evening of the 1st February, an in
cendiary letter was picked up in the hall. It had
been shoved under the outer door, and was instantly
pronounced by Mr. Alexander to be the handwriting
of Mr. Harison, then a member of the Council. It was
in these words : —
" To Mr. Alexander :
" I am one who formerly was accounted a gen
tleman, but am now reduced to poverty, and have no
victuals to eat ; and knowing you to be of a generous
temper, desire you would comply with my request,
which is, to let me have ten pistoles, to supply my ne
cessaries and carry me to my native country. This
is a bold request, but I desire you would comply with
it, or you and your family shall feel the effects of my
displeasure. Unless you let me have them, I'll de
stroy you and your family by a stratagem which I
have contrived. If that don't take the desired effect,
I swear by God to poison all your tribe so surely,
that you shan't know the perpetrator of the tragedy.
I beg, for God's sake, that you would let me have the
money, and hinder me from committing such a black
deed. I know you can spare it, so desire you would
let me have it. Saturday night, about 7 o'clock, leave
it by the cellar door, wrapped up in a rag, and about
an hour after, I will come and take it : put it on the
ground just where I put the stick. If you don't leave
it, I advise you not to drink your beer nor eat your
bread, if you value your life and healths, for by my
soul, I will do what Pve mentioned. If I find any
watch to guard me in taking of it, I'll desist and not
take it, but follow my intended scheme, and hinder
you from acting any more on the stage of life. If you
comply, I'll never molest you more ; but if not, I'll
hazard my life in destroying yours, and continue wl^at
I am."

1734.] History of New-Yorh 9
From the neglect to disguise the hand, which Mr.
Smith, Mr. Hamilton, Mr. Lurting the Mayor, all pro
nounced to be Mr. Harison's, it was conjectured that
his design was to provoke a criminal prosecution,
establish the precedent of convicting on the proof of
a similitude of hands, and then, by counterfeiting the
writing of one of the demagogues of the day, to bring
him to thp gallovvs, while the Governor's friends were
to escape by pardon.
It was therefore with great earnestness that Mr.
Alexander, under the influence of that suspicion,
when called before the Grand Jury, contended against
their finding an indictment only upon such evidence,
and with caution and reserve that he mentioned Mr.
Harison's name, as the Grand Jurors themselves affer-
wards certified. They contented themselves with an
address to the Governor, acquainting him that they
could not discover the author, being able to have the
evidence no higher than a resemblance between the
letter and his writing : that least a presentment or
indictment by them upon such evidence, should prove
a trap to ensnare some innocent person upon the oath
they had taken, they durst not accuse apy individual.
They besought him, nevertheless, to issue a procla
mation, with a promise of reward, for detecting the
author of the villany.
This matter was laid before the Council, and re
ferred to Messrs. Harison, Van Horn, Kennedy, De
lancey, Courtlandt, Lane, and Horsmanden, who, as
a committee, proceeded to make the necessary enqui
ries preparatory to a report. As Mr. Alexander and
Mr. Smith, who were sunlmoned to attend there, re
fused to appear, while Harison, the suspected author,
was of the committee, and Mr. Alexander, a member
of the Board, left out, they proceeded only upon the
testimony of Mr. Hamilton and Mr. Lurting; and
though they advised a proclamation, offering fifty
pounds for a discovery, yet they reported it as their
opinion,that Mr. Harison was entirely innocent ofthe
infamous piece of villany laid to his charge ; that he
was incapable of being guilty of so foiil a deed ; and

10 Smiths Continuation of the [Chap. T.
that the letter was a most wicked, scandalous, and
infamous counterfeit and forgery, calculated, by some
artful, malicious, and evil-minded persons, to traduce
and vilify the character of an honourable member of
his Majesty's Council of this province, and thereby
render him odious and infamous to mankind.
Whether the Governor was let into the design of
the author ofthe letter, was never discovered; though
some stress was laid upon words dropped by a man
intimate in the family, who, coming home in his cups
late in the evening shortly before the letter was found,
said a scheme was executed to hang Alexander and
Smith; and Mrs. Cosby frequently, and without re
serve, had declared that " it was her highest wish to
see them on a gallows at the fort gate."
Harison was generally suspected, in spite of the
testimonial of the Council, of which he made all the
use in his power in an exculpatory address to the City
Corporation, whose Recorder he then. was, suggest
ing that Mr. Alexander and Mr. Smith had forged the
letter to ruin him. They published a refutation of
the scandal, which, by assigning proofs of his enmity,
strengthened the general suspicions then prevalent
against him.
Harison had been concerned with them and others
in the design of procuring a patent for part of the
great Oblong, surrendered to this colony on the set
tlement with Connecticut.
The petitioners were in this way to be recom
pensed for two thousand pounds expended in effect
ing the establishment of the eastern line ofthe colony.
While the business of the surrender was negotiatingj
Harison had perfidiously revealed the design to Sir
Joseph Eyles, the Duke of Chandois, and^others, and
prompted them to sue out a patent in England It
issued there on the 15th May, 1731, upon erroneous
suggestions, and with a description, which did not
mclude the lands meant to be taken up, and which
were fortunately granted by Mr. Montgomorie before
the Enghsh patent arrived, or Mr. Harison had time
to correct the information, by which they had been

1734.] History of JVew-York. 11
deceived, and on which account he had justly ex
posed himself to censure on both sides of the water.
Add to this, that at the very time of finding the in
cendiary letter, Mr. Harison was under a prosecution
tending to overwhelm him with disgrace : he had pro
moted an action for two hundred pounds in the name
of Wheldon, against one Trusdel, who had been his
servant. The defendant was reduced to great straits
by the action, and complained to his creditor, who
knowing nothing of the prosecution, took Trusdel to
be ^insane. When it was discovered that Mr. Harison
had ordered the writ in October 1732, to gratify a
pique of his own, and without any authority from
Wheldon, he retained Mr. Alexander and Mr. Smith,
to avenge the poor man he had injured. The Grand
Jury presented Harison, and Trusdel in a civil process
wa:s cast in the trial. It was afterwards published,
and exhibited such proofs of the ingratitude, cruelty,
dissimulation, and injustice of Mr. Harison, that he
soon after fled to England.
The Attorney General, in tenderness to a man who,
besides his place in Council, was Judge of the Vice
Admiralty, Examiner in Chancery, and Searcher of
the Customs, neglected to put the presentment in
form. Several subsequent Grand Juries complained
of this delinquency unnoticed, and the criminal kept
his ground till 1735, when the fourth Grand Jury re
solved he should be screened no longer, and pre
sented an indictment in form.
The political writers, by their industry and ad
dress, captivated the minds of the populace, who now
ascribed every thing they felt or feared, to the mal
administration of their rulers. To undeceive and
assuage them, Mr. Cosby convened the Assembly in
April, 1734. His salary being secured for several
years to come, he had no formidable apprehensions
from Mr. Morris's intrigues in the House ; and by his
friends, Mr. Delancey the new Chief Justice's father,
Mr. Philipse the speaker, and his nephew, the second
Judge, and their influence upon others, he hoped to
bear down the opposition. His speech was a confes-

12 Smiths Continuation ofthe [Chap. L
sion of the reality what the public invectives had as
serted. He admitted the decay of trade, which his
adversaries had imputed to his misrule and the flight
of the inhabitants, though he ascribed it to their ne
glect of ship-building, and the employment of Ber-
mudians as their carriers, and the want of inspectors
to support the credit of flour, the main staple of the
colony. He urged them to fortify the two cities of
New-York and Albany, according to plans he had
proposed. He recommended a duty of tonnage on
foreign vessels, and a stamp duty upon law proceed
ings and conveyances; and computed that the un
certain produce of the latter should remain in their
own Treasury, for future application. He exclaimed
aigainst the importation of negroes* and convicts ;
urged a provision for maintaining smiths and artifi
cers among the Indians, to counteract the artifices of
the French; and promised his concurrence in any
law for tbe defence of the province, the encourage
ment of commerce, agriculture, ahd manufactures,
the arts and the sciences.
The Assembly expressed their gratitude in very
a^etionate terms, and prornised their attention to
these objects, The Council, in concert with the Go
vernor's conciliatory schemes, sent down to the
Lower House, a bill in favour of the Quakers, within
two days after a petition had been presented to the
Assembly in their behalf. The plans and estimates
for a horse-shoe battery in New-York, a fort at Al
bany, and another at Schenectady, at the expense of
near eighteen thousand pounds, vvere communicated,
and an act passed to raise money, and promote our
own navigation by a duty of tonnage. Popular mo
tions were also made by the court party : a bill was
brought in to introduce the balloting- of jurors. Judge
Philipse complained ofthe exorbitancy of tiiC fees^of

* A; p()ll-ta« upon negroes, and a stamp duty, being frequently urged
upon the Assembly by Mr. Delancey, when he came to the chair, renders
it probable that this speech of Mr. Cosby 's was of his prompting : he was
always fond of those funds,

J 7 34 . j History of New- York. ] 3
officers and lawyers, and a bill was ordered for regu
lating them : Mr. Delancey moved another, for limit
ing the continuance of Assemblies, to which tbe
House would consent, if the elections were triennial.
The multitude, however, put no confidence in their
appearances, and petitions were circulated to stimu
late their representatives to real services : two were
preferred on the 28th May, one from the citizens of
New-York, and another from the inhabitants in West
chester. A third soon after came up from Queens
county; all urging a law to settle fees and courts, for
preserving the liberties and properties of the people
frbm arbitrary encroachments*
The aim of the opposition was to overturn the
Court of Exchequer ; and on the 3 1 st May, they car
ried a resolve for hearing Messrs. Murray and Smith,
two principal lawyers of different parties, upon that
part.of the petitions respecting Courts of Justice, for
all were agreed upon the fee bill, already before the
House. The 7th of June was appointed for this unparlia
mentary condescension ti the Assembly. The law
yers appeared there, not as counsel for the petition
ers, but assistants ofthe Legislature. The doors were
thyown open to satisfy the general curiosity, and the
orators admonished that the House expected their
opinions Candidly, sincerely, and upon honour.
Mr. Murray, the senior counsel at the bar, being
not prepared, Mr. Smith began, and spent three hours
in that memorable speech which I have already ta
ken notice of. Mr. Murray was heard five days after
wards, and then both were dismissed, with the thanks
of the House. The doctrine of the former was, that
no Court of Equity could be erected in the^ftolony by
any a«t of the crown. The latter argued, that the
four gre^at Courts of Chancery, King's Bench, Com
mon Pleas, and Exchequer, were of original jurisdic
tion, and founded on immemorial usage, but conceiv
ing tbe colony entitled to like courts, as essential
branches of English liberty : he expressed his fears
that the estabUshment of them by a new law, would

14 Smiths Continuation of the [Chap. I.
raise doubts of our title to the rights and privileges
of Englishmen ; and therefore he thought it expedi
ent to go further than merely to regulate them, as had
been done in England, by a law to establish the
tenure of the Judges' commission during their good
behaviour. The Senators were confounded by the long argu-
guments they had heard, and requested copies for
the press, postponing any further measures until they
had taken the sentiments oftheir constituents.
The advocates for Mr. Smith's opinion had no pros
pect of establishing the courts by a law of the colony,
tjut only of drawing the House into the quarrel be
tween the Governor and Mr. Van Dam ; for they fore
saw that he would put a negative upon any bill sent
up for that purpose. It did not follow from his autho
rities, as some imagine, that no court could be open
ed and organised in the colony without the aid of the
Legislature ; nor would^the passing of an act for that
purpose, in the least degree shake our titles, as Mr.
Murray asserted, to any other rights and privileges
to which we are entitled by the common laws of
England. Neither of these gentlemen, had the question been
proposed by the House, would have denied that the
colony Was entitled, for instance, to a Court of King's
Bench, nor that the law constituting the Judges of it,
sufficient for their exercise of all the powers of the
Court of King's Bench at Westminster, and so re
specting either of the other courts.
Mr. Smith's law authority did not militate against
such a court, because it would not be creating a new
court ; and if the crown had exceeded its authority
in modeling it, by an ordinance or commission,
though that act might be void, the right to such court
would still exist, because it is not in the power of the
crown to repeal an old law, and extinguish the rights
and privileges of the subjects. Had the Governor
appointed other Barons, all clamor against the le
gality of the Court of Exchequer must have ceased,
and Mr. Van Darn's only advantage a chaflge of his

1734.] History of New-York. 15
Judges, unless Mr. Delancey and Mr. Philipse pre
ferred seats in the Exchequer Bench to the Bench of
the Supreme Court.
But nothing was less the intention of the contend
ing parties than a just and friendly pacification ; for,
if the Governor wished the decision of the contro
versy upon fair terms, what was more natural than to
have proposed at his first coming, either an amiable
suit at law, or the submission of it to independent and
unbiassed referees, either here or in England. And
the injurious project of seeking a mean advantage
against his antagonist, can only be atoned for by the
virtuous jealousy it excited, in a Colony which de
rived many benefits from the troubles of the day.
As Mr. Smith's speech added many new proselytes
to the opposition, the Governor grew alarmed, and,
to counteract it, changed his distance and reproof
into mean condescension to the people, the better to
effect the new project of revenging himself upon the
chief leaders by prosecutions at law. Persons of
inferior stations were invited to the Fort and dined
at his table, some of whom signed an address ap
plauding the mildness of his administration.
The new Chief Justice, who had before laboured
to indict Zenger, whose paper was the ve^cle of in
vective and satire against the Governor, and his ad
herents, renewed his efforts in the term of October,
calling their attention to certain low ballads, which
he charged to be libels : "Sometimes (says the Judge)
heavy, half-witted men get a knack of rhyming, but
it is time to break them of it, when they grow abu
sive, insolent, and mischievous with it." The bal
lads being presented, were ordered to be burnt by
the common whipper ; and the inquest on their ad
dressing the Governor for a proclamation, offering a
reward for a discovery of the author, received a gra
cious answer.
The Council, about the same time, urged the As
sembly to a conference, for detecting the writer of
certain other Hbels in Zenger's journal. Several
j©et accordingly with the Council Committee, who

16 Smiths Continuation ofthe [Chap. I.
were, Messrs. Clark, Harison, Colden, Livingston,
Kennedy, Chief Justice Delancey, Courtlandt, Lane^
and Horsmanden. The latter desired the concur
rence of the House in an address to the Governor,
for the prosecution of the printer, the detection of
the author, and a proclamation stimulating the Ma
gistrates to gre?iter exertions for the preservation of
peace. The Assembly met, and ordered the papers
to be kept by their Clerk, postponing the considera
tion of the matter to a further day ; and when that
arrived, ordered the libels and proposal of the Coun
cil to lie on the table.
Despairing of any aid from the Assembly, they re-
demanded their papers, and converting themselves
instantly into a Privy Council, made an order for
burning the libels, and then directed the following
entry in their minutes :
" At a Council held at Fort George, in New-York,
the 2d of November, 1734 :
PRESENT,
His Excellency William Cosby, Esq. Captain Gene
ral and Governor in Chief, &c. ,
Mr. Clarke, Mr. Livingston, Mr. Courtlandt,
Mr. Harison, Mr. Kennedy, Mr. Lane,
Dr. Colden, Mr. Chief Justice, Mr. Horsmanden.
" Whereas, by an order of this Board of this day,
some of John Peter Zenger's journals, entitled ' Tbe
New-York Weekly Journal, containing the fi-eshest
advices foreign and domestic,' Nos. 7, 47, 48, 49,
were ordered to be burnt by the hands of the com
mon hangman or whipper, near the pillory in this
city, on Wednesday the 6th in^t. between the hours
of eleven and twelve in the forenoon, as containing
in them many things tending to sedition and faction,
to bring his Majesty's government into contempt,
and to disturb the peace thereof; and containing in
them likewise not only reflections upon his Excel
lency the Governor in particular and the Legislature
in general, but also upon the most considerable per-

1734.] History of New-Yorh 17
sons in the most distinguished stations in this Pro
vince. It is therefore ordered, that the Mayor and
Magistrates of this city do attend at the burning of
the several papers or journals aforesaid, numbered
as above mentioned."
When the Sheriff" moved for the compliance ofthe
Magistrates at the Quarter Sessions, the Court would
not suffer the order to be entered, and the Aldermen
offered a protest against it, as an arbitrary and ille
gal injunction. Harison, the Recorder, was present,
and put to a defiance for its justification. He men^
tioned the example of the Lords in Sacheveral's case,
and their proceedings against Bishop Burnet's pas
toral letter, and withdrew. They forbid even their
.^whipper to obey it, and his place was supplied by a
negro slave ofthe Sheriff's ; the Recorder, and a few
dependants upon the Governor, honoring the solem
nity of executing this edict with their presence. Not
many days after Zenger, in pursuance of a procla
mation, was seized, thrown into jail, and denied pen,
ink and paper. His friends procured a habeas cor
pus for his enlargement. The exceptions to his re
turn was argued by his counsel, Messrs. Alexander
and Smith.
The prisoner swore, that, except the tools of his
trade, he was not worth forty pounds in the world,
and yet bail was exacted in the penalty of eight hun
dred pounds ; upon this he was enlarged, and being
well supported, prosecuted his paper.
Of the several bills before the House, which con
tinued sitting to the 28th November, the Governor
was most soHcitous for that regulating the militia, and
another to emit bills of credit to the value of twelve
thousand pounds. Both were carried, to the great
joy of the court party. By the offices and distinc
tions which the former enabled the Governor to con
fer, and the influence to be gained by the latter, he
was enabled to employ the lower classes in construct
ing the intended fortifications, and, of course, ha4

18 Smiths Continuation of the [Chap. I.
a prospect of dividing and weakening the torrent of
opposition. Against the bill for emitting money, there was an
instruction, requiring a clause to suspend its opera
tion till the royal pleasure could be known. It was
expedient to the Governor's aims, that the King's com
mand should, nevertheless, be disobeyed, it being
very naturally conjectured that, in a time of profound
peace, a probationary law could not be very speedi
ly confirmed. To exculpate the Governor, Mr. Chief
Justice Delancey, after the bill was gone up to his
Excellency, brought a copy of the royal prohibition
to the Assembly, and requested a committee of their
House to meet certain members of the Council, to
form a joint address of both Houses importuning him
to pass it.
Mr. Delancey the elder, Mr. Justice Philipse, and
several others, met to execute the scheme that very
evening, and the next day the address was reported,
approved, and presented, but not without some op
position ; for the country party carried, at the same
time, a motion requesting the Governor to dissolve
that Assembly, to which his friends the more readily
yielded, as his Excellency agreed to take the odium
to himself of refusing their request, in return for their
intercession to save him from the indignation of the
crown.* Exasperated at the menaces of the Governor, and
their despair of prevailing upon the Assembly to
check his designs, the demagogues formed the pro
ject of. presenting an accusation against him to the
King. The complaint was to be trusted fo the su
perseded Chief Justice, but it was thought necessary
that the design should be a secret till he was actually
embarked • for, without leave of absence, he would
endanger his seat in the House.

*

The reader will find further instances of such artifices, naturally to
be expected when the Colony Legislatures are in league to promote the iv,-
|erest of each other.

1735.] History of New-York. 19
Mr. Morris had a farm on the sea-coast of Nev*'-
Jersey, for which Province he was of the Council, and
where he sometimes resided, as well for the dis
charge of his office, as the care of a very opulent
fortune in that Colony. Before the ship was ready
for the voyage, he asked leave to go home, and it was
granted without further explanation. He repaired to
Shrewsbury house, and made his dispositions vt^ithout
observation. From thence he took ship, nor, till his
actual departure, was there any inquiry concerning
the double construction of the permission he had
obtained to authorize his absence from the House.
The Grand Jury of the term to which Zenger was
bound over, refusing to indict him, Mr. Bradley the
Attorney General, proceeded against him by infor
mation, and his patrons, to puzzle the prosecutor,;
ventured to impeach the authority of his Judges.
His counsel, in April term 1735, took oyer oftheir
commissions, and signed and filed exceptions to them:
1st. To the tenure, which was will and pleasure, as
contrary to the statute of William the third. 2dly.
To the investiture of the same persons with the au
thority of the Common Pleas. 3dly. To the form, as
not warranted by the common or statute law, or any
act of the Colony. 4thly. To the want Of evidence
that the Council concurred in the appointments.
The Judges lost all temper at the tender of the
exceptions, and desired the defendant's counsel to
consider the consequences of their offer. They re
plied boldly, that they had : Mr. Smith added, that
he was so well satisfied of the rights of the subject
to except to the commission of his Judges, if he
thought it illegal, that he would stake his life upon
the question, and desired to be heard upon that
point, as well as in support of the exceptions them
selves. The matter was adjourned, and upon Mr. Smith's
I'enewing the motion, the next day (16th April), the
Chief Justice, in great heat, said, ',' He would neither
allow nor hear the exceptions. You thought to have
gained a great deal of popularity and applause by

20 * Smiths Continuation of the [Chap. 1*
opposing this Court as you did the Court of the Ex
chequer, but you have brought it to that point, that
either we must go from the bench, or you from the
bar" — handing, at the same time, the minute to the
Clerk to be entered : — " James Alexander, Esq. and
William Smith, attorneys of this Court, having pre
sumed (notwithstanding they were forewarned by the
Court of their displeasure if they should do it) to sign,
and having actually signed and put into Court, ex
ceptions in the name of John Peter Zenger, thereby
denying tbe legality of tbe Judges, their commissions,
thpugh in the usual form, and the being of this Su
preme Court :
" It is therefore ordered, that, for the said con
tempt, the said James Alexander and William
Smith be excluded from further practice in this Court,
and that their names be struck, out of the roll of the
attorneys of this Court."
Mr. Alexander observed, that the exceptions went
to the commissions and not to the being of the Court.
" I think (replied the Chief Justice) that they are
against the being of the Court.'''' The counsel both de
nied it, insisting that the Court could exist, though all
the commissions were void. The Judge then per
ceived his error, and confessed the distinction well
taken. They urged, but in vain, that the entry might
be altered. Mr. Alexander desired to be informied,
whether they rejected or overruled the exceptions. Mr.
Delancey owned that he knew not the difference. If
you reject them, said the counsel, the defendant will
make them a part of the proceedings by bill of ex
ception ; but if you overrule them, they will be so
without a bill- Diffident and not discerning their
aim, the Judges, for a present escape, said, they
would hear them the next day ; but, to avoid that,
insisted that in conformity to the rule of the preced
ing day, their client should speak by other counsel.
It was then remarked, that the order only inhibited
their practicing as attorneys, and no other answer was
given, than that they meant to exclude them from act
ing in botb capacities.

1735.] Historif of New-York. 21 '
The defendant's case now wore a very gloomy
complexion, for there were, at that day, but two other
gentlemen of any reputation at the bar; Mr. Murray,
as already has been shown, was a partisan of the
Governor's ; and Mr. Chambers, the other, more dis
tinguished for a knack at haranguing a jury than his
erudition in the law. Him the Court assigned as
counsel to Zenger, though he had no inclination to
serve him. He, therefore, abandoned the mode of
defence chalked out by bis first advocates, and tak
ing ground safer to himself, pleaded the general
issue for bis client, and obtained a rule for a struck
jury- The trial was brought on at the Court in July, and
nothing omitted by the silenced lawyers to give it a
favourable issue. The press had groaned all the
preceding vacation, with every species of composi
tion, tending to animate, alarm, inform, or captivate
the minds of the multitude ; and the stratagem to de
prive the defendant of help, disserved the end for
which it was intended. Aware of the inadmissibility
of all proof to justify the libels, they had the art to
exhibit them to the public by the press, and at clubs,
and other meetings for private conversation ; and,
considering tbe inflamed state of a small county, con
sisting at that time of less than a thousand freeholders
qualified for jurors, it was easy to let every man per
fectly into the full merits of the .defence. Besides,
he drew some advantages from a struck jury, since
he could pearly conjecture, out of a pannel of twen
ty-four men, which of the twelve would be charged
with his cause.
These preparations being made, Mr. Hamilton,
who had been secretly engaged, presented himself
on the day of trial as the champion of liberty. He
was of one of the Inns of Court, an opulent citizen
of Philadelphia, in high reputation at the bar. He
had art, eloquence, vivacity, and humour, was ambi
tious of fame, negligent of nothing to ensure success,
and possessed a confidence which no terrors could
awe. He set out by asserting with a firmness una-

22 Smiths Continuation ofthe [Chap. I.
bashed, and which often goes far to persuade, that
the ma;tters charged as scandal were true, and there
fore no hbels; 'and indulged such a vein of ridicule
against the law advanced by the Judges, that a libel
was the more dangerous for its truth, that the igno
rant audience, judging from the superiority of the
bar to the bench, in talents and assurance, held the
Court in contempt, and thought the refusal of the
Judges to permit evidence of the truth of the pub
lications, added to the tyranny and oppression of the
times. His debates with the Court were protracted, till
he could turn with the greater address to the jury in
the tone of complaint, and artfully convert the guilty
nakedness of the cause of his client into a defence.
Having captivated their minds into a belief that, if
the scandals were true, Zenger was not criminal, he
recapitulated the passages in the journals supposed
to have given umbrage to the Government, and for
ridiculing the uncertainty of Mr. Attorney's inuen-
does. He made others with artful allusions to past
events, which the auditors had read or heard and
believed to be true; and when he left his client in
those hands, such was the fraudful dexterity of the
orator, and the severity of his invectives upon the
Governor and his adherents, that the jury missing the
true issue before them, they, as if triers of their
rulers rather than Zenger, pronounced the criminal
innocent because they believed thern to be guilty.
The instant the verdict was known, the impetuous
acclamation shouted by the audience shook the Hall,
arid a mixture of amazement, terror, and wrath ap
peared in the bench. One of the Judges threatened
an imprisonment of the leader in this tumult if he
could be discovered. A threat unseasonably utter
ed, unless they had courage and abihty to put it in
execution; for it provoked a justification from Capt.
Norris, a son of the knighted Admiral of that name,
and connected with Chief Justice Morris by the mar
riage of his daughter, who pertly declared, that huz
zas were common in Westminster Hall, and were

1735.] History qf New-York. 23
very loud in the acquittal of the seven Bishops. The
Judges had no time for a reply, for the shouts were in
stantly repeated, and Mr.Hamilton was conducted from
the Hall by the crowd to a splendid entertainment.
The whole city renewed the compliment at his de
parture the next day ; he entered the barge under a
salute of cannon, and the Corporation presented him
with the freedom of the city in a gold box, on which
its arms were engraved, encircled with the words,
"Demersae leges — time facta libertas — ¦hsec tandem
-emergunt ;" in a flying garter within, " Non nummis,
virtute paratur," and on the other front, " Ita cuique
eveniat ut de respublica meruit."
As it happens on such occasions as these, the scrib
blers of the day grew more wanton than ever, and a
low printer, dandled upon the knee of popular ap
plause, gave into prodigalities, which contributed to
his indolence, and ended, as the ferment subsided, in
the ruin of his family.
The contending parties now left no stone unturn
ed to gratify their revenge. The English .patentees
of the " Oblong," by Mr. Dunbar their agent, who con
nected himself with Mr. Cosby, and was stimulated,
by Harison, urged measures in the Court of Chance
ry against the New-York patentees. Alexander and
Smith were interested under the last grant, and ex
cepted to Cosby's exercise of the Cnancellor's au
thority, which the Governor overruled. 1 have else
where observed, that the Assemblies were jealous of
this Court in the hands of a Governor. The Colony
Grantees, therefore, hoped to excite the present mem
bers to renew the attack, and with that view, remon
strated against the proceedings as soon as the House
met in autumn ; nor did Zenger's counsel omit to lay
before them a complaint against the Judges, for de
priving them of their practice. They were heard
by the committee of grievances on the 23d October,
a copy of the complaint ordered to be served on the
Judges, and an answer required in forty days. The
citizens, also, by a petition, suggesting that the long
session of the Assembly vvas a grievance, urged a

24 Smiths Continuation ofthe [Chap. I.
new attempt for a dissolution, which the Governor
again refused, though the members unanimously ask
ed his consent. They then resolved, that the Court
of Chancery under the exercise of a Governor, with
out consent of the General Assembly, is contrary to
law, unwarrantable, and of dangerous consequence
to the liberties and properties of the people.
The opposition now taking courage, informed the
House, by a petition from Queen's County, that the
long continuance of the Assembly occasioned a de
cay of trade and a depreciation of lands, which so
highly incensed the majority as to occasion a vote,
that the charge was an unjust and audacious misre
presentation. Zenger's counsel, about the same
time, insinuated that the distant day assigned for the
answer of the Judges with their complaints was an
illusion of that justice they had a right to expect.
Disgusted by this freedom, the members resolved
that it should not ever be read, and the very next
day adjourned, with the Governor's consent, to the
latter end of March.
It was a parting for ever, for Mr. Cosby died on
the 10th of that month,* and as the reader may sup
pose, almost universally detested ; for, besides the
aforementioned instances of imprudence into which
he was willingly led by the men of his confidence, he
increased the number of his enemies by destroying
certain deeds to the City of Albany, and a project he
had formed for a re-survey of the old patents on
Long Island. The Mohawks sagaciously dreading
the rapid progress of population, had conveyed a
very valuable part of their territory to the Corpora
tion, to take effect upon the total dissolution oftheir
tribe. It was produced to convince the Governor of
the injustice of granting it to private patentees ; but
after the perusal of it, which he perfidiously request
ed for his satisfaction, he threw it into the fire, and it
was instantly consumed.

* lOlh March, 17S6,

1736.] History of New-York. 25
His design against the people of Long Island origi
nated from the same motive : he hoped to enrich him
self by the acquisition of lands already improved, as
well as by fees for the new grants.
It cannot be denied, that our old grants and patents
are very inaccurately penned, nor that, in some in
stances, the proprietors have taken advantages of
the description oftheir limits by marked trees, Indian
names of places, and other uncertain boundaries,
to extend their possessions too far ; and certainly, if
they were confined to the true object oftheir grants,
they would have ho just cause of complaint : biit a re-
survey for this purpose cannot be executed without
difficulty and danger, nor attempted without spread
ing universal discontent. Though a second patent
will not convey what was comprehended in the first
grEint, yet a wise and generous ruler will perceive that
the small emolument, which he may add to his quit-
rents, is overbalanced by the innumerable mischiefs
flowing from the increase of animosities and the mul
tiplication of law-suits, and find himself (if his inten
tions are upright) not a little embarrassed in the con
struction of the ancient grants of the country, most
of which are derived from the Duke of York, when
a subject. At that early day the great object was to
gain a dominion over these vast deserts, by joining
occupancy to discovery, for the effectual exclusion of
any other European power. To accomplish that end,
grants were penned with all the negligence of libe
rality, ahd the giver being benefited more by his seem
ing bounty, than the adventurous grantee, who could
not, even after acquiring his title from the Duke and
the Crown, cultivate the soil in safety, without buy
ing peace from the Savages, and that as often as they
were pleased to renew their claims. To this the
modern interpreter of the old grants, if he will guard
against error or injustice, must necessarily attend.
But who could confide in a Governor, siimulatct: to
the measure, not so much by a regard to the interests
of his master, as his own avarice. Long Island, at
that time, comprehended a third part of the improved
4

26 Smiths Continuation of the [Chap. L
lands of the Colony, apd no man knowing whether
his best improved possessions might not fall beyond
the lines assigned for his tract, the inhabitants were
almost universally alarmed, arid were as suspicious of
the Governor and his re-stirvey, as the patricians of
Rome were formerly of the Gracchi and their agra
rian laws.
But no representation, repugnant to his avarice,
had any influence upon Mr. Cosby. The weakness
of his understanding rendered him reprehensible even
to fear. In answer to the great objection, that a cer
tain doctrine was against law, he sillily replied, " how,
gentleraen, do you think I mind that : alas ! I have a
great interest in England." It is some extenuation of
his faults, that he was the dupe of others; and an
apology for Mr. Delancey, his chief minister, that he
was then a young irian, ill read in a profession, which
he took up without aid, and, by his education abroad,
was little acquainted with the affairs of the Colony.
Mr. Cosby's remains were buried in the Chapel
within the walls of the Fort, in which he died. His
widow repaired to England after one of her daugh
ters, advantageously connected with Lord Augustus
Fitzroy, son to the Duke of Grafton. The match
was clandestinely brought about by the intrigues of
Mrs. Cosby, Lord Augustus being then on his travels
through the provinces ; and to blind his relations and
secure the Governor from the wrath of his father,
then a favourite of King George the Second, a mock
prosecution was instituted against Campbell the par
son, who had scaled the Fort walls and solemnized
the nuptials, without a written license from the Go
vernor, or any publication of the banns, contrary to
usage, though not against the law of the Colony.
The exultation of the populace occasioned by Mr.
Cosby's death, and the expectation that Mr. Van
Dam was again to take the helm, was excessive, fOr
they had despaired of any success from Mr. Morris's
complaints; news arriving in February, that the
Lords of the committee; after hearing counsel against
the Governor, had, on "the 7th of November before.

1736.] History of New-York. 27
reported, that the reasons for removing him were in
sufficient. The celebrated Mr. Murray, afterwards
Lord Mansfield, retained against him, exerted him
self on this occasion, and introduced his accusation
with the delicate observation, that if his Majesty
could delegate his virtues as easily as his authority,
their Lordships would not have been called to the
trouble of that hearing. But it was not many hours
before the triumph of the patriots was checked by
the report, that Van Dam had been privately sus
pended since the 24th of the preceding November.
The Council — Messrs. Clarke, Alexander, Van
Home, Kennedy, Delancey, Courtlandt, Lane, and
Horsmanden — met, and administered the oaths to
Mr. Clarke as the President, who issued a proclama
tion, announcing the succession as by the unanimous
opinion of the Board. Mr. Alexander, who was
struck at this meeting with the act of suspension, and
had really given no opinion, was obliged, to save
his popularity, to publish his non-coiicurrence, and
impeach the truth of the proclamation.
Van Dam the next day asserting his title, called
upon Mrs. Cosby for the great seal with the cpmmis
sion and instructions, and when denied access, he
demanded them in writing of Mr. Clarke, to whom
they had been delivered. The possessor insisted
upon the suspension, appealing to the King. The
other addressed the people by a protest against
Clarke's proceedings, and the Council who qualified
him, and all their aiders and abettors, declaring that
Cosby was delirious and non compos at the moment of
the suspension, and the act, therefore, invalid : that
if he had been sane, his power was sufficient to ex
clude him from acting as a counsellor, but not to in
terrupt hia succession to the command : that it lost
its efficacy at the death of the Governor, and that the
Council had no authority to qualify }/lv. Clarke.
Clarke disregarding this claim of his antagonist,
though supported by the pppular voice, adjourned
the Assembly, and drove Van Dam to insist, as they

28 Smiths Continuation of the [Chap. I.
did not meet according to the prior adjournment, that
Clarke's act was invalid, himself guilty of a very
high crime, and the House dissolved. The mem
bers, hpwever, met on the day to which Mr. Clarke
adjourned them, and being bewildered by their repug
nant pretensions, and unwilling to enlist on the one
side or the other, returned home and continued un
der repeated adjournments, till the Crown interfered
for a decision of the controversy.
This anarchy urged to no open violence till the
14th October, when by the charter of the capital, the
officers of the year, who were to be nominated or
elected on the 29th September, were to take the
necessary oaths, and begin the discharge of their
trusts. Van Dam's party prevailed at the election for the
Aldermen and Common Council : the citizens choos
ing such as would act with a Mayor, Recorder, She
riff and Coroner, of his appointing, as President of
the Council ; and he accordingly named — .Cornelius
Van Home, Mayor ; Mr. Smith, Recorder ; Mr. Ash-
field, SberiflT; and Mr.Nicholls, Coroner. Mr. Clarke
concurred in none of these but the last, and constitu
ted Mr. Richard to be Mayor ; Mr. Horsmanden, Re
corder, and Mr. Cosby to be Sheriff; and by a procla
mation of the 1 st October, warned Van Dam's officers
against the danger of assuming any authority under
his appointments.
The opposition lost all temper at this juncture, and
to animate their followers, boldly menaced Clarke, in
print, with a prosecution. An extract from a paper
of that day will show the excess to which the spirit
Of party was carried.
"Whatever desire some of the subjects of the
British dominions may have to be above the law and
tread it under foot, yet the law ought to be and will,
at the long run, get above them. It is too strong a
body to contend with, and he who does it will hardly
escape a fall. Of this the Honourable Francis Ha-

3736.] History of New-York. > 29
rison, Esq. counsellor, is a recent example.* All the
power he had to support him could not prevent a
fall. If Mr. Clarke be not entitled to the administra
tion, I believe a grand jury of New- York will think
him guilty of high treason for usurping, and indict
him accordingly. I do not believe that they will
think his superiority, or their subordination, will ex
cuse them for not doing it. Their oath is to present
all offenders. I hitherto have not heard of any excep
tion in it, either of counsellors or commanders-in-
chief They are as subject to the law as the mean
est man in New-York, let their desire be ever so
strong to be above it : and if the grand jury indicts,
I doubt not the Court will issue the process thereof
to apprehend him and try him by twelve lawful men
of New-York'', where the fact was committed. If he
is taken, I doubt not but that he will have the liberty
of pleading his superiority and the subordination of
the Court and jury against their jurisdiction. I doubt
not but that the plea will be fully heard as it ought to
be, and that his lawyers may speak freely in support
of it, notwithstanding the late precedents of con
demning unheard upon pleas to jurisdiction, and of
silencing lawyers for offering them, and notwithstand
ing all the part he had in making of such precedent^ ;
and if his lawyers can make it out, that he is above
and out of the reach of the law, the Court ought to
allow the plea ; but if they can't, as I believe they
cannot, he must there hold up his hand as well as the
meanest and most arch pickpocket that ever was in
New-York, and either confess and be hanged, or say
not guilty and put himself for his trial on God and his
counti"y : and if such be his case, I hope justice he
may depend upon. But what charity twelve good
men of New-York, sworn to try him, will have for
him, he, by running over his past services to the pro
perties, liberties, and privileges of this country, may
* He went off privately to England in 1735. It was imagined that Mr.
Cosby sent him to watch and oppose the attempts of Col. Morris, and that
the. Governor's death plunged him into poverty and prevented his return.
He did not long survive that event.

30 Smiths Continuation ofthe [Chap. !•
in some measure be able to judge. But, however, as
a Christian I shall be obliged, in that case, to join in
the clerk's prayer, and say, God send you a good deli-

These hints were formidable, because the rage of
the multitude Was so exasperated, and their confi
dence in the demagogues so absolute, that trie latter
had only to advise Van Dam to appoint Judges to ac
complish the tragedy of cutting off the Commander-
in-chief, who actually called into the Fort all the of
ficers and soldiers of the independent companies, for
his protection against the expected horrors of the ap
proaching day for qualifying the magistrates of the
metropolis. During these agitations Mr. Morris, whose
arrival at Boston was not known here till the 1 yth
September, was impatiently expected, and the rather
because he had only given his adherents liberty to
think favourably of his restoration. He did not reach
Morrisania till the 7th October. He was met the
day after by a vast concourse, and conducted with
loud acclamations to a meeting of the chiefs of the
party. Having learnt to what extremes the contests
were advanced, and being importuned for his advice,
he replied with a grave tone, " If you don't hang
them, they will hang you" — and the evening was
spent, after dispersing money from the windows of
the house to the rabble in the streets, with a tempes
tuous festivity and joy. He declared it as his own
opinion, that Van Dam had a right to the administra
tion ; 'hat he was willing to execute the office of Chief
Justice under him; that the Assembly was dissolved,
and that force ought to be opposed to force, if Clarke
insisted upon his authority.
The Assembly was convened on the 12th, and Mr.
Morris, the next day, obtained their leave to visit
New-Jersey, where he said the pubhc service re
quired his presence. Van Dam's magistrates had re
solved to act the next day, and resolutions were ta
ken to support them by violence ; but fortunately for
both parties, within twenty-four hours of the erup-

1736.] History of New-York. 31
tion of the meditated civil war, the brigantine En
deavour arrived from England, with despatches from
the government to Mr. Clarke, as President and Com
mander-in-chief of the Province, enclosing an in
struction altering the prayers for the Royal Family,
upon the marriage of the Prince and Princess of
Wales. From that moment his opposers became mute and
abashed, and his officers were sworn in and obeyed.
Mr. Morris was publicly charged with the knowledge
of this act of government. It was asserted, that his
son, Robert, who accompanied him, had revealed it
at Boston, declaring, that Mr. Clarke would receive
the instruction by a vessel which had already arriv
ed ; and to confirra the accusation, it was observed,
that it bore date the 1st July, several weeks before
he embarked. But his friends treated it as a calum
ny, not only because so base a concealment was in
consistent with his character and his own positive
denial, but with the safety of his son, Lewis, and
Ashfield, his son-in-law, who had rendered them
selves very obnoxious in supporting Mr. Van Dam.
Mr. Clarke delivered his first speech to the Assem
bly in the calm of the so. much dreaded 14th of Oc
tober. He challenged their promise to his prede
cessor for supplying the deficiency of the revenue,
and repeated his instances for the encourageraent of
ship building, persuaded to the cultivation of hemp,
finishing the fortifications, erecting a new fort at the
head of the Mohawk river, and the settlements of
Smiths in the Seneca country ; and to humor the
clamors within doors, he consented to introduce the
practice, which has ever since prevailed, of absent
ing himself from the Council, when ¦ they sit as a
branch of the Legislature.
During the session, his hands were strengthened
by his advancement to the rank of Lieutenant Go
vernor. The commission was dated the SOth July,
and published here on the 30th October ; but yet
nothing of any considerable moment was transacted,
and after an address to congratulate the King on the

32 Smiths Continuation ofthe [Chap. i.
marriage of the Prince of Wales, and the passing of
a few common bills, he put an end to a peaceful, in
active session, by a prorogation on the 7 th of No
vember. He met them again in April, and earnestly urged
the payment of the arrears due to the public credi
tors, occasioned by the defect of their funds, and a
new act for supporting the government, the other be
ing nearly expired. But little could be expected
from an Assembly fearful of their constituents, and
consisting of a respectable minority intent upon a
dissolution. Hence their consent to a motion of Mr.
Morris, junior's, for leave to bring in a bill for trien
nial elections and the exclusion of Crown officers.
Mr. Clarke soon discovered, that his Assembly was
grown dastardly, that the debts of the Colony amount
ed to near nine thousand pounds, and that they meant
to postpone the payment to prolong their own ex
istence. He artfully made his court to the collective
body, by a speech to the House in terms of real or
affected disgust, charging them with a neglect of the
interests both of the Crown and Colony, and then
dissolved an Assembly elected in 1728, of whom
their constituents were tired, as he suggested in his
speech. The Lieutenant Governor was an Englishman. His
uncle, Mr. Blaithwait, procured the Secretary's place
for him, and sent him out with it early in the reign
of Queen Anne. He had genius, but no other than
a common writing-school education ; nor did he add
to his stock by reading, for he was more intent upon
improving his fortune than his raind. He was sensi
ble, artful, active, cautious ; had a perfect command
of his temper,, and was, in his address, specious and
civil. Nor was any man better acquainted with the
Colony and its affairs. As a Crown officer, he was
careful not to lose the favour of any Governor, and
still more assiduous to please when he became the
second at the Council Board. He shared a part of
the odium which fell upon Mr. Cosby, but escaped
much more of it by a closer attachment than before to

1737.] History of New-York. 33
his rural villa on the edge of Hempstead plains, and
left it to Mr. Delancey to enjoy the praise or blame
of being the Sejanus of that Governor. The public
confusions contributed to the gratification of his
wishes. Dreading Van Dam's power, his fellow-
counsellors easily concurred in persuading Cosby to
suspend hira, and the anarchy which instantly ensued
upon that Governor's decease, and his own represen
tations, left the ministry no time to think of any other
person for the place of Lieutenant Governor. No
thing now alarmed hira but the arrival of a Governor
in chief Lord Delaware had early engaged the pro
mise of the Minister ; but a peer of the realm was only
to be induced to accept so humiliating a station by the
prospect of a speedy repair of his finances, and Mr.
Clarke knew how to improve a disposition so favor
able to his own ends. His Lordship declared, that
Mr. Clarke's letters concerning the Colony were per
plexed and discouraging. Those who were ac
quainted with Mr. Clarke, knew that if he wrote
obscurely upon such a subject, it must have been
with design.
The country party found no difficulty in securing
a majority at the election. The citizens chose Mr.
Alexander of the Council for one of their represen
tatives. The House met about midsummer 1737,
and Mr. Morris, junior, was placed in the chair.
Mr. Clarke had paved the way towards, a reconci
liation by the dissolution, and, as he had shaken the
attachment of his old friends, perceived a necessity
for caution in the management of the heated patriots
of the new House ; for, till they had time to offend,
he could hope for nothing by another dissolution. —
His speech, according to the exigency of the day,
was a short one, and asked nothing.
He had dissolved the late House, as he suggested,
in tenderness to the King's honor and the true in
terest of the Colony, and was happy to find the peo
ple had answered his wishes in so proper a choice of
new members. He intended to meet the Chiefs
of the confederate Indian cantons to obstruct the

34 Smiths Continuation ofthe [Chap. 1.
sale to the French of a tract in the territory of the
Seneca tribe, called Irondequot, on the south side of
Lake Ontario, convenient for erecting a commercial
magazine, that might be injurious to ours at Oswego;
and all he had to recommend, was their aid in per
fecting the harmony already begun, in which he pro
mised his assistance.
They thanked him for the dissolution, and ap
plauded his sagacity ; Avished him a good voyage to
Albany, and hoped their next meeting would have
consequences answerable to its end.
They sat only two days ; but entered on their jour
nals as resolved in future to publish the names of the
voters for and against any question; and gave leave
to their speaker, which is singular, to bring in a va
riety of bills: one to regulate elections; another for
frequent elections ; and others for appointing an agent
in Great Britain, independent of the Governor; for
lowering the interest of money, and for regulating and
establishing fees. Mr. Alexander, immediately after,
was permitted to offer others, to encourage the im
portation of whites and servants ; the manufacture of
iron and hemp ; and the preventing of frauds in flour
and pther products intended for exportation. These
acts had the designed effect upon the vulgar, and
were applauded as indisputable testimonials of the
patriotism of their leaders.
Mr. Clarke went to Albany, and had a conference
with the Indians, but was not able to accomplish his
designs. Irondequot is a vale of an excellent soil ;
and he was desirous of purchasing it from the Indians,
not only to defeat the intentions of the French, but
to promote settlements there, for the easier subsist
ence ofthe garrison and traders at Oswego. But he
estabhshed an interpreter, a gunsmith, and three
others among the Senecas, to watch and circumvent
the intrigues of the French, and prevailed upon the
tribes to prohibit any buildings in their canton.
He was well apprised that the next meeting of the
Assembly would call for the utmost exertion of his
abilities. Cosby's antagonists, to protect theraselves

1737.] History of Nm-York. 35
had taught lessons to the multitude, now to be carried
into practice, if they would escape the contempt they
had brought upon the members of the last House.
The Council, on the other hand, headed the re
mains ofthe Cosbyan party, and were not a little dis
gusted at the late dissolution, which had completed
the triumph oftheir adversaries. Both parties were
distrustful of the Lieutenant Governor, and upon the
watch to engage him in their interests.
He had to curb the intemperate zeal of the Assem
bly, to quiet the Council, and prevent the resentment
of the crown. But there was danger in humoring
the Council ; for an unmanageable Assembly prompts
to suspicions of incapacity, and would either be fol
lowed with a loss of his office, or the speedy arrival
of a Governor in Chief: add to this, that new supplies
were necessary for the discharge of public debts, and
the support of the government in fiiture ; and that the
leaders of the two contending branches of the Legis
lature were men animated by a spirit of revenge —
Mr. Chief Justice Delancey swaying the councils of
the Upper House, while Colonel Morris his prede
cessor, his son Lewis, the speaker, and Mr. Alexan
der, undoubtedly had the confidence ofthe Assembly.
The Governor's interest induced him to take a
middle path ; and by his art and prudence, a long,
active session, from the 23d August to the 1 6th De
cember, terminated in peace, which the turbulency
of the late administration rendered doubly agreeable.
He opened the session with a conciliatory speech ;
applauded the proofs left upon their journals, in
April, of their attention to the state of the colony;
tenderly reminded theni, that the crown's right of dis
allowing the colony laws, rendered it useless to press
him to ineffectual concurrences ; touched upon the
deficiency of the funds ; commended their loyalty,
and, asked for a revenue ; intimated his anxiety for
the support of Oswego, and the extent of the Indian
commerce, which were great objects; and promised
his assent to all bills that would advance the welfare
of the colony.

36 Smiths Continuadon of the [Chap. I.
The address, unusually copious, bold, and coarse,
seizes his compliments as promises, which they mean
to put to the trial ; stigmatizes the last Assembly as
betrayers of the rights of the people, by detestable
submissions to prolong their political life : after which
they argue with some earnestness upon the propriety
of frequent and uninfluenced elections; the utility of
an agent in Great Britain dependent only upon the
House; the propriety of establishing courts, and
especially Courts of Equity, and the fees of officers,
by Legislative acts, instead of ordinances. They pro
ceeded then to obviate the ordinary objections drawn
from the prerogative, and a due obedience to the
royal instructions. They imputed the deficiency of
the revenue to prodigality ; impeach their predeces
sors in granting permanent funds, and tax the receiv
ers with ingratitude; roundly assure him that they
mean to discontinue that practice; " for," to use their
words, "you are not to expect that we either will
raise sums unfit to be raised, or put what we shall
raise into the power of a Governor to misapply, if we
can prevent it ; nor shall we make up any other de
ficiencies than what we conceive are fit and just to
be paid, or continue what support or revenue we
shall raise, for any longer time than one year; nor do
we think it convenient to do even that, until such
laws are passed as we conceive necessary for the
safety of the inhabitants of this colony, who have re
posed a trust in us, for that only purpose, and which
we are sure you will think it reasonable we should
act agreeably to; and, by the grace of God, we will
endeavour not to deceive them." In honor to them
selves, they compliment him for his neglecting to in
fluence the late elections, and take it as a pledge of
his good conduct in future. Throughout the whole,
they are cautious to proraise him nothing, but a vigi
lance for the public interest ; and when they thank
him for his promises, they impute them to a con
sciousness that they are not favors, but duties ; and
if he performs them, they will then consider him as
fulfilling the commands ^nd copying the example of

1737.] History of New-York. Ti
the King, " who makes the good and happiness of his
subjects his chiefest care and greatest glory."
Mr. Clarke, who knew that all this was concio ad
populum., far from intimating the least displeasure at
its asperity, prudently engaged his assent to the elec
tion bills, or any others consistent with his duty to
the crown ; and that in every condition of life, the
province should have his best services.
The old party had made sorae efforts at the elec
tion, but with little success. Their most strenuous
exertions were in the city, during the session to intro
duce Adolph Philipse, the late speaker, in the place
of Gerrit Van Home, a deceased member, whose son
offered himself in the place of his father.
Before Cosby the Sheriff had made a return of Mr.
Philipse, petitions were preferred by the other can
didate and his electors, complaining of partiality ;
upon which the House ordered, that neither of them
should sit, till the conduct of the Sheriff had been
examined and considered.
Mr. Smith appeared as counsel for Van Horne, and
insisted that Philipse should distinguish which ofthe
allegations of his client he denied or confessed, that
time might be saved in the exhibition of the proofs.
His antagonist, more consistent with the usage of
Parliament, moved and carried a majority for a
scrutiny of the votes.
This success provoked an attack upon Mr. Alex
ander, who was of the minority on that question. It
was insisted that, as a member of the Council, he
ought not to be admitted to sit in the Lower House.
The result was, a promise on his part that, as he had
not, since his election, so he would not act in Coun
cil during the continuance of that Assembly ; ^nd a
resolve, that while he kept it, he was duly qualified,
but that on the breach of it, he should be expelled.
Van Horne and Philipse were directed to exchange
lists of the exceptionable electors ; but the Sheriff
and Van Horne were first heard, and the former ac
quitted ofthe Charge of misbehaviour. In the debates
between the candidates, Mr. Smith made a question,

38 Smiths Continuation ofthe [Chap. J,
whether the JeVvs were qualified for electors, some
of them having voted for Mr. Philipse. The cavil
was taken up hastily in one day, and referred for ar
gument on the next ; and a resolve carried against
the Hebrews by the mere dint of eloquence.
The auditors of this memorable debate of the 23d
September, never mention it without the highest en-
coraiuras upon the art of the orator.*
Mr. Murray, as counsel for Mr. Philipse, drily urg
ed the authority of the election law, giving a vote to
all freeholders of competent estates, without except
ing the descendants of Abraham, according to the
flesh ; and with astonishment heard a reply, which
captivated the audience into an opinion, that the ex
ception must be implied for the honor of Christi
anity and the preservation of the constitution. The
whole history of the conduct of England against the
Jews, was displayed on this occasion, and arguments
thence artfully deduced against their claims to the
civil rights of citizenship. After expressing the erao
tions of pity naturally arising upon a detail of their
sufferings under the avaricious arid barbarous policy
of ancient times, he turned the attention of his hear
ers to that mystery of love and terror manifested in
the sacrifice of Christ ; and so pathetically described
the bloody tragedy at Mount Calvary, that a member
cried out with agony and in tears, beseeching hira to
desist, and declaring his conviction. Many others
wept ; and the unfortunate Israelites were content to
lose their votes, could they escape with their lives ;
for some auditors of weak nerves and strong zeal,
were so inflamed by this oratory, that but for the in-
terpositiori of their demagogues, and the votes of the
House in theit- favour, the whole tribe in this disper-

* Mr. Smith was born Sth October, 1697, at Newport Pagnel, Buck
inghamshire, England ; was then at the age of 40: he had his first educa
tion from Mr. Stannard, the minister of Simpson in Bucks, and Mr. Wood
ward and Mr. Lettin, of Newport Pagnel in that county. He left London
with his father's family, 24th of May, 1715, and arrived at New- York 17th
of August in the same year. '

1737.] History of New-York. 39
sion would have been massacred that very day, for
the sin of their ancestors in crucifying Jesus of Na
zareth, and imprecating his innocent blood upon
themselves and their children.
It is at such moments that the arts of persuasion
show their power, and few raen were more eminently
possessed of them than Van Home's counsellor. He
had the natural advantages of figure, voice, vivacity,
meraory, imagination, promptness, strong passions,
volubility, invention, and a taste for ornament. These
talents were improved by the assiduous industry of
a. robust constitution, with uninterrupted health and
temperance, in the pursuit of various branches of sci
ence, and particularly in the law and theology. His
progress in the latter was the more extensive, frora
an early turn to a life of piety and devotion. He stu
died the Scriptures in their originals, when young,
and in advanced life they were so familiar to him,
that he often read them to his family in English from
the Hebrew or Greek, without the least hesitation.
He was bred a Dissenter in Buckinghamshire, and
attached to the doctrines of Calvin : a great part of
his time was spent in the works, French, English, and
Latin, of the most celebrated divines of that stamp.
He was for some time in suspense about entering into
the service of the church. Dr. Colman of Boston,
upon the perusal of a letter of his penning, in the
name of the Presbyterian Church of New- York, re
questing a minister to take the care of it, declared that
no man could be more fit than he who had so well
described the character of a proper subject for that
vacancy. These things are mentioned, to account
for that surprise of his auditors at that copia and ora
tory which Mr. Smith indulged, when he laid aside
his law books and took up the Bible in , the debate I
have mentioned. He iraagined that the House would
reject the votes of all the non-resident freeholders,
and if the Jewish voices were struck out of the poll-
lists, that his client would prevail. ' His religious and
political creed were both inflaraed by the heat of the
limes. It was natural to a mind trembling several

40 Smiths Continuation ofthe [Chap. I*
years past for the liberties of the colony, and himself
then under the rod of oppression, for asserting them,
to take fire at thp prospect of the most distant inlet of
mischief And perhaps he was not himself conscious
at that time, of the length to which his transition,
frora the irapolicy of a Jewish interposition in the le
gislation of a Christian coramunity, to the severity of
exercising it, would carry hira. That severity was
then to be justified, and to this he reconciled his
judges by an affecting representation of the agonies
of the Cross. He prepared no notes for this raerao
rable speech: it was delivered within a few hours
after the thought of an implicative exception in the
election act was first conceived; and the astonish
ment of the audience rose the higher, by the rare in
stance of so much pulpit eloquence from a law cha
racter at the bar of the House.
But though the Israelites were rejected, the non
resident voices were accepted, and Mr. Philipse, with
his nephew the second Justice, admitted to a share
in councils which they would neither sway nor con
trol. And yet this act of justice to the old speaker
gave great offence without doors; the majority adopt
ing Mr. Alexander's erroneous opinion, contrary to
legal exposition and parliamentary usage, that a per
sonal residence was as requisite in the elector, as
communion of interests by a competent freehold.
The Judges too, about this tirae grew not only im
patient under the reproaches incurred by the order
for silencing Zenger's counsel, but fearful of its con
sequences. The populace wishing for an opportu
nity, by action for damages, to repay them the losses
they had sustained, their resentment rose the higher,
as Mr. Smith, who had lately visited Virginia, was
importuned to remove to that colony. To effect a
reconciliation, the Lieutenant Governor and Mr.
Murray were employed to feel the pulses of the two
popular la^vyers, and testify the wishes of the Judges
that they would return to the bar. After sorae punc
tilios, honore servanda., the Judges agreed to cancel
their injurious order, upon the promise of the latter

1737.] History of New-York. , 41
to release all actions and damages, under the pretext
of gratifying the timidity of their wives, who were said
to be in constant anxiety from the apprehension of
prosecutions and outrages. And in the October Term
this year, Mr. Alexander and Mr. Smith appeared
again at the bar, without any further condescensions
on either side.
The patriots obtained a variety of popular laws in
the course of the session. The militia was modelled ;
the practice of the law a,raended ; triennial elections
ordained ; the iraportation of base copper money re
strained; courts for the summary decision of petty
suits established; a mathematical and grammar
school encouraged ; extravagant usury prohibited by
the reducti6n of interest from eight to seven per cent.;
pedlers regulated; Oswego supported, and the In
dian commerce promoted; paper money emitted,
and a Loan Office erected ; provision made for pre
serving the metropolis frorii destruction by fires ; and
the precedent set for. compelling the officers of go
vernment to a reliance upon the annual provision of
the Assembly for their support.
But these institutions were nevertheless inade
quate to the elevated expectations of the multitude,
and short of the intentions of their leaders. Other
bills were brought in, which did not at that tirae pass
into laws. They raeant to regulate elections, and
totally to exclude the influence of the crown ; to ap
point inspectors of exported flour ; to restrain the
sale of strong liquors to apprentices and servants,
and to others, upon credit; to reduce the fees of
officers ; to engross the appointment of an agent at
the Court of Great Britain; to promote ship-build
ing; and to give the Quakers a further indulgence,
by exempting thera frora the trouble of producing
the certificates of the quarterly meetings, required
by the late act, oftheir having been menibers of that
persuasion a year before the offer of themselves for
an affirmation. Some of these bills failed by the op
position of the Council, who, on the day of the final
debates between Van Horne and Philipse, (12th
6

42 Smiths Conlimialion of ihc [Chap. 1.
October), signified their concurrence to two bills m
a way not usual, by their Clerk. There had never
been more than three instances of that kind, and
those were messages to the late Assembly, between
whora and the Council there was a perfect concord
upon party principles. The ancient usage of the
Council, was to send by one of their own members;
and the present Assembly resented the innovation,
and demanded satisfaction for the insult.
The Clerk brought an answer to it a few days af
terwards, and was immediately ordered back with a
peremptory declaration, that the Assembly would
thenceforth receive no message from the Council by
that officer.
They then began to cavil with the most favourite
bills of the majority, and erabarrass their progress
by proposing amendments, and sent others to the
Lieutenant Governor with intimation to the House of
their concurrence, and were also silent as to some
which they either rejected or neglected to the close
of the session, and which, for that reason, were ne
ver passed into laws. They, however, abandoned
the attempt for maintaining an intercourse by their
Clerk, a novelty weakly introduced, because in itself
unjustifiable, which exposed them to the contempt of
the people, and would doubtless (if by this fplly a
stagnation of the public business had ensued) have
incurred, as every futile controversy of that House
will with a popular Assembly, the displeasure of the
Crown and a new set of Counsellors.
To the triennial act, they proposed a variety of
amendments; sorae the Assembly rejected; the
Council adhered to all of them. The lower House
demanded a conference. They cpnsented, and ap
pointed Messrs. Livingston, Delancey, and Horsman
den, their managers. The Assembly nominated theirs,
hut bound them by instructions. When the joint
committees met, the managers for the Council only
deUvered a paper with their reasons for their amend
ments. They were reported, and the House signified
that they were not satisfafctory, and repeated their

17.37.] History of New-York. 43
demand of a free conference. This was assented to
with notice of the time and place. New managers
were nominated by the Assembly, who reporting in
favour of the amendments, they were accordingly
adopted. Mr. Alexander was of this last committee.
The bill, as it was at first framed,, had absurdly, in
derogation of the prerogative, made it necessary to
hold an Assembly in the capital and not elsewhere.
But the loss of bills for regulating elections and ad
justing the fees of officers, contributed greatly to the
general dissatisfaction ; they were both carried up
to the Council, who were silent as to the forraer,
till stimulated by a message concerning its progress,
and then apologized for their non-concurrence, till
they could be informed of all the services the officers
were to perform, which were not then to be obtained
in the multiplicity of business and at the close of the
session. The act against corruption in elections,
vvhich also went up late, was retarded by the propo
sal of amendments ; upon the receipt of which, Mr.
Alexander was desirous to appeal to the people, by
printing both the bill and the alterations. He lost
his motion by a single Voice,' and the bill was never
returned. Mr. Clarke put an end to the session three days
afterwards, affecting the highest satisfaction with their
conduct, and expressing his gratitude for their regard
to his Majesty's honor. He had procured the pay
account of the deficiency of the revenue and the
augmentation of his own salary to fifteen hundred
and sixty pounds, and acquired the general esteem
without risking the resentment of his master, fpr the
triennial act was soon after repealed in England, and
the lower bfanches.of the Legislature divided be
tween therft the odium of all the disappointments both
of the Crown and the subject.
The Assembly, before they separated, entered^ a
protest on their journals against the new practice of
the Council in concealing their concurrence in seve
ral laws they passed by the Lieutenant Coverno;',
which had its effect, for it has riot since been adhered

44 Smiths Continuation of the [Chap. I.
to. This is a proof that Mr. Clarke was privy to the
design, it being unusual to re-assemble after passing
all the laws.
They sent the Speaker to bim with their thanks,
and requested of his favourable representation to
procure the Royal approbation of the triennial act,
and then adjourned theraselves with- his leave.
The Cosbyan party had, for some time, considered
the Lieutenant Governor as a deserter. He knew
this, and grew daily suspicious of their power to in
jure him by the agency of the Council, whose con
sent was necessary, not only in the appointment of
officers, but the grant of the waste lands of the
Crown, from which the Governor, at that day, de
rived the greater part of his profits and emoluments ;
but it was also essential to his interest to be upon
good terms with the Assembly, for upon thera he de
pended for the continuation of his salary, and he flat
tered himself that he should still be able to re-esta
blish the practice of a provision for years.
In this dilemma he determined to undermine the
popular leaders. This he effected by encouraging
them with hopes of preferment, judging that, if they
took the bait, the people, whora they had brought to
despise all Senators in office, would hold them in con
tempt, and that then he could easily attain his own
objects, by the dread of a dissolution; such a turn
would, at the same tirae, render the Council obsequi
ous to his interest in the land-office, where he derived
an incorae, not only as Lieutenant Governor, but as
the Secretary and Clerk.
His stratagera succeeded to his wishes. Mr. Mor
ris the Speaker, Simon Johnson, and others, listened
to his offers of places under the government, and Mr.
Clarke promised his irifluence upon the Council in
their favour, after it had been concerted that the
Board should resolutely refuse their consent. The
intrigues of the chief demagogues were not known
abroad till they themselves discovered the snare, and
they instantly fell from the heights of popularity into
the most abject contempt. This was thecondition of

1738.] History of New-York. 45
the popular party, not only mistrusted but hated,
when Mr. Clarke met them in the autumn of 1738.
Conscious of his superiority, he reminded them,
after proposing an address of condolence on the
death of Queen Caroline, that the Crown was with
out support by the late project, not warranted by
usage nor consonant to gratitude, and insisted upon
as large and long a revenue as forraerly. He then
asserted, that they had seventeen thousand pounds
of bills in circulation, without funds to sink thera and
preserve their credit — proposed the continuation of
the excise for that purpose, but not unless they gave
the King's government a permanent support. He
added the unwelcome information, that their tonnage
duty act of l734 was in danger of a disallowance on
representation of the agents of other colonies — urg
ed the appointing one for this province — insisted on
finishing the fortifications, and recommended unani
mity, as a duty to their King and country.
The elder Morris foresaw the storm, and having
provided for himself when last in England, he an
nounced his appointment to the government of New-
Jersey, and declining his services here, a writ was or
dered to supply that vacancy.
No address being ordered, nor any steps taken,
except for promoting popular bills, frora the 5th to-
the 21st September, Mr. Clarke prorogued them to
the Sth October, and again on the llth October to
the next day. On the 13th he called them before
him, and insisted upon what he had already men
tioned—alarmed them with the intention of the
French, to raake settlements near the Wood Creek,
not far a,bove Albany — advised the erection of a fort
there, and plariting in that country the Scotch emi
grants just arrived, and for whose relief he asked
their aid ; added, what he bad before hirited in a let
ter to the Speaker, that the Senecas w^ere treating
with Mr. BeauharnoiSj* then the Governor of Cana-

* A man of sense and genteel manners, reputed to be a natural son of
Louis the Fourteenth.

46 Smiths Continuation of the [Chap. I.
da, about the land of Irondequot, and recommended
an immediate prior purchase.*
They soon after formed the design of tacking
clauses for the continuation of their paper money to
the yearly support bill. Mr. Clarke, through their
Speaker, intimated his objections to that proceed
ing ; on which they unanimously resolved not to pass
the support bill without assurances that the paper
money of 1714 and 1717, and the excise to cancel the
bills, should be continued for some years. To this
he replied, that he would not assent without a per
manent revenue. They then resolved on tacking the
clauses ; and the next day he dissolved them, after
sharp reprehensions for their inattention to the ob
jects he had recoraraended, and to facilitate the
changes he had in view he suspended the new writ of
summons to the 14th July, 1739.
The choice of Mr. Adolph Philipse for the chair
in the next Assembly, held in March, is a proof that
the electors were unfavourable to the anti-Cosbyan
chiefs ; sorae of the warm men of the last House
were returned, and a dread of the multitude fell upon
both parties. The collective body, animated and
enlightened during the late troubles by the patriotic
publications which were universally read, became
jealous of the common interests, suspicious of all
officers, and, by reason of former apostacies, more
particularly vigilant respecting the conduct of such
als themselves had raised into power.
Mr. Clarke's speech; therefore, though importunate
for the re-establishment of the old practices of sup
plies for a number of yea,rs, was cautious and sooth
ing ; and after urging the erection and repair of forts,
the purchase of Irondequot, presents for the Indians,
and aid to the Scotch emigrants from Isla, who had

* The history of the disappointments of Captiin LaughlinCampbell and
his Scotch associates. Was anticipated in the first volume, published in
1756, which gave offence to Mr. Colden, the Surveyor General, who was
uneasy under the representation, made in justice to thpse unfortunate ad
venturers.

1739.] History of New-York. 17
wintered here, he recoraraended a new law to regu
late juries, instead of an old expired one passed in
1699. The address gave him only general assurances of
a mature consideration of thesepoints ; lamented the
loss of the triennial act, repealed by the King ; and
hinted that they would offer him one for septennial
Assemblies. The small-pox raged at that time in the capital, and
the country members, though the House sat at Green
wich, were very desirous of a recess. To procure
this they consented to a provision for a ievi months,
and bore the affront of messages from the Council
by their Clerk ; but when they met again in August,
they protested against the repetition of it, and from
this period they have been invariably brought by one
of the members of the Council.
It was not till this late day tfiat the House was fur
nished with a set of the statutes, and the votes of the
Commons of England, which, with the acts of^ the
other Colonies, had been ordered by the Assembly,
whose journals, though more regular than formerly,
still discover many proofs of their ignorance of the
usages of Parliament.*

* What a contrast io every thing respecting the cultivation of science
between this and the Colonies first settled by the English. Near one hun
dred and thirty years had now elapsed since the discovery of New- York,
and seventy-three from its subjection to the Crown of England. When the
Legislature borrowed acts of Parliament from private libraries, they were
seldom inspected, nor, perhaps, much admiried. South Carolina had at
tempted, by an act of Assembly of the last century, to extend a variety of
the old statutes, and renewed it again in 1712. It is entitled, " An act fo
put in force in this province the several statutes of the kingdom pf England,
or South Britain, therein particularly mentioned." The preamble is in
these words : — " Whereas many of the statute laws of the kingdom of
England, or South Britain, by reason of the different way of agriculture
and the different productions of the earth of this province from that of Eng-
lantj, are altogether, and many pthers, which otherwise are very apt and
good, either, by reason of their limitation to particular places, or because
in themselves they are only executive by such nominal officers as are not
in nor suitable to the constitution of this government, are hereby become
impracticable here." The Isl section enumerates and extends the general
and principal acts of the statute book to the 4th and Sth of Queen Anne.
The 2d, extends such as they refer to. The 3d, all such as relate to the
allegiance and the rights arid liberties of the subject. The 4th, that the

IB Smiths Continuation of the [Chap I.
Mr. Clarke renewed his former attempts at the next
convention of the Assembly, and to promote ship
building (an art since carried to great perfection)
advised the giving bounties with apprentices ; and at
the same time gave them notice of Governor Bel
cher's request, for the nominating commissioners to
join with others, to be appointed by the Assembly of
Massachusetts Bay, in ascertaining the Une of parti
tion between the two prpvinces, which was repeated
during the session by a letter from that Governor of
the l"th September, with a threat of carrying it out
for themselves, if these instances were slighted ; —
words which they fulfilled some years afterwards, to
the great detriment of private property in this colo
ny, and the waste of public money, and not without
the effusion of blood.
The Assembly's neglect to vote an address, their
immediate attention to a militia bill, the call for ac
counts of expenditures and estimates of the new for
tifications, were all unfavourable omens of the Lieu-
teinant Governor's disappointment. He discovered,

authority they give to Parliament shall, in Carolina, be cohstrued to be in
the Assembly,; that to the Lord Chancellor, to the Governor and Council ;
that their Chief Justice shall exercise the powers of the Judges of the
Common Pleas, King's Bench, Exchequer, Justices of the Sessions, Com
missioners of Oyer and Terminer ; and other officers, those of similar offi
cers in England. The Sth, that so much of the common law as is not .al-,
tered by the statutes, so enumerated by the act taking wards and liveries,
the old tenures in capite and knights' service, purveyance, or that part of the
common law relating to matters ecclesiastical, not repugnant to the settle
ment of the Church of England in Carolina, be declared to be in as full
force as in England. The 6th, subjects their officers to the like penalties.
The 7th, respects their fees. The Sth, courts and prisons. The 9th, con
firms the mode of conveyancing, by lease and release, prior to the extend
ing of the statute of uses. 10th, extends all the English statutes concern
ing customs, trade, and navigation. The llth, declares all other statutes,
not transmitted since Sth of Anne, to be unaffected by this act. The 12th,
that this act shall not affect the statute of 13th of Charles IL— cap. 6th,
declaring the sole right of the militia to be in the King. The 13th, nothing
in any of the above statutes, abridging the liberty of conscience' or any ec
clesiastical liberty, were considered as extended by that act, nor to alter
their course of proceeding and balloting jurors under a former act of As
sembly of 7th January 1694-5, or any other act of the province. It is not
improbable that the British Legislature (3d George II.) took the hint of
balloting jurors from that Carolina afct, as they had for pleading a discount
from oneenacted here several years before the statute of 2d George IT.
cap. a?..

1739.] History of New-York. 49
also, by their votes an extreme parsimpny in the laws
intended for the forts; that but only one hundred
pounds was allowed for the Irondequot purchase;
that the project for settling the Highlanders at Wood
Creek was disrelished, though pressed upon them by
a pathetic petition from these poor strangers, for they
had but five voices against postponing the considera
tion of their affecting circumstances. He saw ano
ther, for reducing his own salary ; and that atterapts
were made to lessen the petty allowances received
by the Judges; and, at last, they concurred in a reso
lution to support the credit of thq paper emissions of
1714 and 1717, if their bill for continuing thera with
the excise did not pass into a law ; upon which he
prorogued them for six days, and sharply reprehend
ed their inattention to the great object of his wishes.
After proposing the example of the British Comrpon^
for their imitation, he adds, " they have ever been jeal
ous of the rights and liberties of the people, yet have
always been zealous and forward to support the go
vernraent that protects thera. They give a gross sum
for the support of government. They don't touch
upon the application or disposition of it, that being
the legal and known prerogative of tlie Crown ; and
the deficiencies are made good in the like raanner."
Having observed that he had passed the militia bill
before he prorogued them, they no sooner made a
House again, on the 9th November, than they pror
tested against the omission of the Council, who had
neglected to notify their concurrence in that act, as
inconsistent with the ancient practice of the good
correspondence of the Legislature ; but thought fit
to send up with their favourite bill to continue the
paper money and the excise duty, another, for the
erection and repair of the forts, and a third provid
ing for a revenue. But this last was only for one year,
and nothing was as yet done towards the application
of the money to be raised by it. To win upon their
generosity, the sagacious politician, as soon as the
Council had passed the two first bills, convened both
Houses, and gave them his assent, saying, when he
7

50 Smiths Continuation of the [Chap. 1.
signed them according to our unparliamentary prac
tice,* " 1 do this as the highest instance I can give of
my care for the credit and welfare of the colony, and
of the confidence I have in your honor." The Coun
cil conspired with him, and iraraediately sent Mr.
Horsmanden to acquaint them of their concurrence
in the revenue bill ; and soon after the House voted
a salary to the Lieutenant Governor of thirteen hun
dred pounds; and by the application bill, not only
paid off the arrears, but secured the officers for the
ensuing year. To Mr. Horsmanden, who had been
constituted the third Judge in 1737, they allowed
seventy-five pounds for his past services, and, in fu
ture, a salary of fifty pounds. The session ended on
the 17th November.
The inattention of this day to the emigrants from
Scotland, was unpardonable. They were objects of
compassion, and the measure of establishing them
upon the northern frontier, as they desired to be, was
recommended by every motive of sound pohcy.
There was no excuse for neglecting so fair an oppor
tunity, not only of forming a barrier against the new
encroachments of the French at Crown Point, but of
encouraging other useful adventurers to follow their
fortunes, to a colony weakened by the removal of
many in the late troubles. Colonel Morris, who was
an active member of the Assembly at that day, bu^
not present at the rejection of a motion made by Mr.
Livingston for a gift of seven pounds to evqry one of
the seventy Scotch families iraported by Capt. Camp
bell, informed the author, that it was owing to a dis
covery that the Lieutenant Governor and Mr. Colden,
the Surveyor General, insisted upon their fees and

* There is a clause in King WiHiam's charter to the Massachusetts Bay,
" That no laws, ordinances, elections, or acts of government whatsoever,
shall be of any vaHdity without the consent of the King's Governor, signi
fied in writing." And it is probable the usage commenced here, in conse
quence of an instruction. The Clerk prepares his note at the fool of
every bill — " I assent to this bill enacting the law, and order it to be en
rolled." This he reads with the title, and the Governor subscribes his
aa,me in the presence of the Council and Assembly.

1739.] History of New-York. 51
a certain share ofthe lands; and that he could make
no other apology for the public neglect of those un
fortunate adventurers than an abhorrence of being
duped by the self-interested motives of the public
officers. Had that object been patronized by the
Legislature, we might have seen vast forests, between
the waters of Hudson's River and the two northern
Lakes on the west and the River Connecticut on the
east, cultivated by a hardy and useful multitude, to
the great augmentation of the commerce of the co
lony, and then have saved it from tempting the ava
rice of a neighbouring Governor, whose ill founded
clairas, representations, and intrusions, have given
rise to controversies and law-suits, injurious to pri
vate property, and destructive of the public tran
quillity.*

* Mr. Colden, to vindicate Mr. Clarke and to exculpate himself, though
not named in the former representation of Campbell's disappointment, gave
himself the trouble of two letters, to the author, of the 15th January and
17th February 1759. He alleges, that the project failed through the po
verty and discord pf the Scotch emigrants ; that Campbell's followers re
fused to settle under him ; that himself alone was unable to improve the
quantity he asked for j and that the Assembly even disinclined to contri
bute to their relief; and that, from the incapacity of the company to com
ply with the conditions of the King's instructions, lie thinks the Executive
without blame. The author's object being general, he declined entering
into any partial controversy respecting the criminality of individuals. Let
it suffice, that the account given was consistent with information procured
from Mr. Alexandei-j whose intimacy with Mr. Colden gives it force ; and
that Colonel Livingston, whose compassion excited him to make the mo-
tion, told the author, on the 16th December 1777, that it was with design
to raise the patent fees, the want of which obstructed the grant, and that
he omitted to express it in his motion, as the disinclination of the House to
gratify their avarice would have most certainly defeated his design, and
that he lost it by a suspicion that the contribution was to be so applied,
though asked as under the cover of enabUng them to settle the lands at
Wood Creek. The Lieutenant Governor's speech had confirmed their
jealousy ; there was this clause in it — " The peopling of that part of the
country to the northward of Saratoga will be of great advantage to the
province, as, well io strengthening the frontier as enlarging your trade.
Several, families arrived here last fall from North Britain, who are willing
to settle there, and more expected from thence this year ; blit as they are
poor, they will want some help to enable them to subsist their families un
til, by their labour, they can raise provisions to subsist themselves, and I
am persuaded that you will give them some needful subsistence." Captain
Campbell himself also presented a petition to excite the charity of the As
sembly. Do these proofs accord with Mr. Colden's suggestion, that
Campbell and his colonists were so far at variance as to refuse to settle
junder him-

52 Smiths Continuation, of the [Chap. I.
The Spanish war commencing soon afterwards,
there was a short session in the summer of 1740, in
which the Assembly contributed money to accelerate
ihe levies of several hundred men, under Cplonel
Blakeney, for an expedition against the island of Cu
ba, and many of Campbell's followers, who were
starving, through his inability and the public parsi
mony, enlisted for that service, and perished in the
expedition afterwards directed against Cartbagena.
There was a hotter meeting in September, when
Mr. Clarke pressed them tO provide for further le
vies, towards the defence of Oswego ; a law to pre
vent desertion from the sea and land forces 5 the re
pair of the chapel of the Mohawks, among whom Mr.
Barclay had officiated with a small salary from the
colony with some prospects of success ; and the re
venue act being expired, he reriewed his request for
the ancient support.
The Asserably would not add to their late gift of
two thousand five hundred pounds towards the expe
dition ; thought the British statutes gave sufficient
relief against desertions ; that the Indian fort, in the
Mohawks' country, was sufficient for asserabling all
the Christian converts of that tribe, and that, if they
increased, a church ought to be built by private con
tributions. They then called upon the Council for
a comraittee to aid them in forming a fee bill, and
sent up another to lirait the continuance of Assem
blies. The Governor took no public notice of these trans
actions ; but when they had raade provision for the
wai", according to the raodern example, prorogued
thehi. The attempt to regulate the fees of officers failed
by the neglect of the committee of the Assembly to
tneeton the subject, but the septennial bill, passed by
the lower house, vras lost by the nonconcurrence of
the Council.
The Lieutenant Governor could not avoid being
displeased with the dependence created by the new
mode of a yearly revenue, raised by one act, and the

1741.] History of New-York. 53
settlement and payment of salaries and debts by an
other ; especially as, at the last session, a division had
been called on the question, whether instead of thir
teen hundred pounds he should not be stinted to se
ven hundred and eighty pounds ; and for allowing
nothing to the two puisne Judges : and therefore,
when he met them again on the 15th of April 1741,
he addressed them in a long speech, in which he ap
plauds their felicity, excites thera to gratitude, and
charges them with the wanton abuse of prosperity in
demanding a Treasurer of their own, and then in
sisting that the revenue should pass into his instead
of the Receiver General's hands, who had a salary
out of the royal quit-rents, observes, that to rid them
selves of the check of the Auditor General, an offi
cer established in the reign of Charles 2nd, the As
sembly, after the expiration of the revenue in 1709,
(which had been before given without any applica
tion,) had refused to support the government, unless
they had the appointment of the salaries, nor would
provide for the Auditor General, who, from soon oS-
ter the revolution, had a constant allowance. " Thus
(to use his own words) fixing on theraselves the de
pendence of the officers for whom they provided (for
men are naturally servants to those who pay them,)
they, in effect, subverted the constitution, assuming
to themselves one undoubted and essential branch of
his Majesty's prerogative." He then imputes their
not returning to a just sense of their duty to the late
disorders, and recomraends their re-adopting the par
liamentary example — "to remember, as to this pro
vince, a jealousy, which (says he) for some years has
obtained in England, that the plantations are not
without thoughts of throwing off their dependence
on the Crown of England. I hope and believe no
man in tliis province has any such intention. But
neither my hopes or belief will have the weight of
your actions ; and as you have it in your power, so it
is your duty and true interest, to do it effectually, by
giving to his Majesty such a revenue and in such a
manner as will enable his Majesty to pay his own of-

54 Smiths Continuation ofthe [Chap. L
ficers and servants — whereby they will be reclaimed
to their proper dependence — and such as the flou
rishing condition of the province will amply admit ;
which, from the great increase of trade and people,
is well known to be vastly better than it was above
forty years ago, and for many years before and after
such a revenue as I speak of was given by the then
Asserabhes ; at the same time that large sums of mo
ney were raised to pay detachments of the militia,
which were sent to the frontiers for their defence in
time of war."
After hinting his apprehensions of a war with
France, he advises the erection of batteries for the
ordnance and stores lately supplied by the crown ;
the support of Oswego, and presents to secure the
Indian alliance ; and adds — " I have done my duty
and discharged my conscience, in giving you this
warning : do yours, and save your country from ruin.
At present, if any part of the province should be in
vaded, and money absolutely necessary for any ser
vice be required, even in such an exigency I cannot,
either with or without the advice ofthe Council, draw
for a penny, a circumstance well worth your consi
deration." He then proposed a more efficacious railitia act ;
the appointraent of an agent in England ; the erec
tion of new buildings in the room of those' lately
burnt in the Fort ; and a night watch, upon the sus
picion of a conspiracy among the slaves,
A diversion of men's minds from their usual objects
of attention to the negro plot, the Governor's losses
in the late conflagration, and the fresh instance of the
bounty of the crown, seemed to favor Mr. Clarke's
exertions at this juncture, for converting the Assem
bly to their ancient confidence in the Executive.
It was at his instance the cannon and stores were
increased : there had been no warhke supplies to the
colony since the year 1708. Those now sent, were
valued at six thousand seven hundred and seventy-
three pounds, fifteen shillings and eight-pence ster
ling. Their iron ordnance consisted of ninety-six

1711.] History of New-York. 55
guns, fifteen of which Were 32-pounders, twenty-four
1 8-pounders, and twenty 1 2-pounders ; the rest were
of various inferior sizes.
The Assembly could not avoid an argumentative
address, for they were determined not to cede the
advantages they had gained in the late patriotic
struggles. They confess their gratitude to the crown for many
favors, but balance the account by their ample and
cheerful supports to it ; admit the confidence oftheir
ancestors in the officers of government, but assert,
that it was forfeited by misapplications of the reve
nue, and that Queen Anne, On that account, consent
ed to their having a Treasurer of their own. They
appeal to his own knowledge, that the squandering
of the public money gave rise to the two long bills
for discharging the debts of the colony, and that the
excise on strong liquors was a fund applied to, and
which still stood mortgaged for, that purpose.
They observe, that formerly the crown rents, and
the casual revenue by forfeitures, contributed to the
support of government, though this was now discon
tinued. They boast of contributing beyond their
neighbours ; that they provide fuel and lights for the
troops posted here, and presents to the Indians ; al
lege that they have erected a large battery in the
capitol, and others elsewhere, and victualled five
hundred volunteers for an expedition to the West
Indies. They deny that wantonness of prosperity or the
late division had any influence upon the modern
scheme of annual supplies, or that any ofthe officers
ofthe crown or public creditors have suffered by the
change. They avail themselves of his consent, and that of
other Governors, to bills making particular applica
tions of public money, and intimate that the Lords of
Trade think the practice reasonable.
To the insinuation of a suspicion of a thirst in Ame
rica to independency, they " vouch that not a single
person in the colony has any such thoughts or desire;

66 Smiths Continuation ofthe [Chap. I.
for (as they add) under what government can we be
better protected, or our liberties and properties so
well secured .-"'
They then declare their disinclination to pass any
bill for supporting the government, till the present
one is nearly expired, nor then, unless according to
the late model. They promise an attention to what
he recoraraended respecting the forts, Oswego, and
the militia; agree that an agent raay be useful, if he
is made totally dependent upon the Assembly. After
lamenting the conflagration of the Fort buildings,
they give oblique insinuations that no provision will
be raade for the future residence of Governors within
the walls of the Fort ; and after confessing the King's
favor in the late gift, they ungraciously reflect upon
the omission of powder, and indulge a degree of ridi
cule on the utility of such an ample supply of ord
nance without it.
Mr. Clarke did not forget to mention in his answer,
that Queen Anne's consent to their appointment of a
Treasurer, respected not the ordinary revenue, but
sums raised for extraordinary uses ;* and he promised
that justice should be done for any misapplication of
the public money they could point out ; adding, that
though Mr. Horatio Walpole, the Auditor General,
had a salary, yet fees were due to him for auditing
the accounts of the revenue, which in other provinces
were usually paid out of the money accounted for, as
they had formerly been here; and that he saw no

* There is a clause in the correspondence with the agent, which may give
some information to the reader. The letter from the speaker, of the llth
November, 1751, was in these words : " I have examined into the affair
of our Treasurer's appointment, and find it to be thus : — In the infancy of
this colony, all public monies were made payable to his Majesty's Receiver
General, but were so greatly mismanaged and misapplied in the years 1 702
and 1705, during the government of Lord Cornbury, afterwards Earl of
Clarendon, that the Assembly atterapted to put the money raised by them,,
into the hands of a person named by them in the act by which the money
was raised. The then Governor would not assent to that bill, until he had
acquainted her Majesty, the late Queen Anne, with the matter. Her Ma
jesty was thereupon graciously pleased to direct the said Governor (as he
himself acquainted the Assembly, in his speech of the 27lh September
1706,) to permit the General Assembly to appoint their own Treasurer,

1741.]- ' History of New-York. 51
reason why it should not be so iti future. Only two
acts passed at this meeting, which continued to the
13th June ; one, putting the fortifications in a respec
table condition, and another for a military watch.
The winter which ushered in this year, (ever since
called the hard winter,) was distinguished by the
sharpest frost, arid the greatest quantity of snow,
within the memory of the oldest inhabitant. The
weather was intensely severe from the middle of No
vember to the latter end of March. The snow, by
repeated falls, was at length six feet above the sur
face of the earth ; and the Hudson river passable
upori the ice, as low as the capital, within thirty miles
from the open sea : cattle of all sorts perished by the
want of fodder; and the deer of the forests were
either starved or taken, being unable to browse or
escape through the depth of the snow. The poor,
both in town and country, were distressed for food and
fuel ; and by the scarcity of these articles, the prices
of alraost every thing else was raised, and though
since reduced, yet never so low as in the preceding
year. When the frost relaxed, there was a continu
ation of the flight of wild pigeons from 'the southward,
in greater flocks than was ever before known; and what
was still more singular, in the month of March, five
or six weeks earlier than in more temperate seasons.
These birds nestle in the northerly woods of the con
tinent, and retire towards autumn to the southerly
provinces. Their flesh is admired here, and being

for extraordinary uses, and which were no part qf her Majesty's standing
revenue. And by her Majesty's standing revenue, it seems was then iin-
derstood the quit-rents reserved on lands granted by the crown, forfeitures,
seizures, &c., which were then all applied towards supporting the govern
ment in this colony ; for ever since that time, all monies raised by the As
sembly have been put into the hands oftheir own Treasurer, and the quit-
rents, &c. been paid to his Majesty's Receiver General, and have since
been taken from their former application, and appropriated by the crown
to other uses. The first Treasurer I find was appointed by act in the year
1706: the second, who is now Treasurer, was appointed only by a vote of
the House, and approved of by Mr. Burnet, then Governor of this colony;
and I do not find that the Assembly's right to appoint such an officer, has
been disputed by any Governor of this colony since the first allowance
thereof by the late Queen Anne." — (Vide History of JVew-Tork, p. 139.)
8

58 Smiths Continuation of the [Chap. I.
taken in nets in such plenty, greatly contribute to the
relief of the poor. While nestling, the males and fe
males resort alternately to the salt meadows for food,
and by turns brood over the eggs. The two sexes
at this season are never taken together, though the
flocks are innumerable, and sometimes miles in length.
It is often asserted, and generally believed, that undi
gested rice has been found in their crops; and be
cause the pigeon is a bird of very swift wing, it is
conjectured that they bring this food from the Caro-
linas; and yet there certainly in the spring is no
Standing ripe rice in the fields.
The conflagration of the chapel and buildings in
the Fort, on Wednesday the 18th of March, was at
first imputed to accident, or the carelessness of an
artificer employed in soldering one of the gutters of
the main edifice, the residence of our Governors.
The roof, which was of shingles, had taken fire with
out observation, and the wind blew fresh from the
south-east. The usual alertness ofthe inhabitants was
checked by their dread of the explosion of the ma
gazine, and the flames soon communicated to the
chapel; the barracks, apd the Secretary's office
erected over the Fort gate, were utterly consumed.
Mr. Van Horne, a militia officer, who indulged a
blind credulity that the fire was premeditated by the
negroes, and who, for beating to arms, and putting up
a night Watch, was nicknamed Major Drum., propa
gated his own fears to others, and in a few days after
wards the consternation was universal. A second fire
broke out on the 25th, a third on the 1st of April, and
two on the 4th. Coals disposed for burning a hay
stack, were discovered on the 5th, and the day after,
two other houses took fire ; and while the magistrates
were Convened for enquiring into suspicious words
dropped by certain slaves, another house was in
flames, and before that was extinguished, a blaze
appeared from another building, and a negro was dis
covered flying over fences frora the spot.
No man now doubted of the reality of a plot, but
for what end was only conjecture. That a few slaves

1741. J History of New-York. 59
would hope to effect a massacre of their masters, or
thus vindicate their liberties, was the height of absur
dity : but the fears of the multitude led them to pre
sume nothing else; and perhaps that extravagance
then gave birth to the proofs by which it was after
wards supposed to be incontestably confirraed.
When Mr. Clarke spoke to his Asserably, on the
15th of April, he ascribed the destruction at the Fort
to accident, in raending a gutter, and the rest of the
fires to design. But no discovery was made, till the
Grand Jury of the Supreme Court found a clue by the
examination of a girl of the name of Mary Burton,
who was a bought servant to John Hughson, a shoe
maker, and keeper of a low tavern in the west quar
ter of the town.
There had been a burglary committed in the house
of Robert Hogg, on the 28th pf February. The goods
stolen were brought to Hughson's, and, as the girl
said, by Wilson, a lad belonging to the Flamborough
ship of war, and three negroes. They werp received
by another maid-serva;nt of the house, who, with two
ofthe negroes, were committed upon the accusation
of Mary Burton. The inquest pressed hard upon the
witness concerning the transactions at that house, it
being known that it was often frequented by negroes,
¦yvho were served there with liquor. She confessed,
after much importunity, that certain slaves caballed
there in private, and had formed a conspiracy to set
the town on fire ; but denied that any white person
was present at either of the consultations for that pur
pose, except herself, Hughson, his wife, and the other
maidl From this testiraony, which varied upon fur
ther examinations, the jails were crowded with the
accused, amounting to twenty-one whites, and above
one hundred and sixty slaves.
The whole summer was spent in the prosecutions ;
every new trial led to further accusations : a coinci
dence of slight circumstances, was magnified by the
general terror into violent presumptions ; tales col
lected without doors, mingling with the proofs given
at the bar, poisoned the minds of the jurors ; and tb©

6b Smiths Continuation of the [Chap. L
sanguinary spirit of the day suffered no check till
Mary, the capital informer, bewildered by frequent
examinations and suggestions,' lost her first impres
sions, and began to touch characters, which mahce
itself did not dare to suspect. But before this, thir
teen blacks were burnt at the stake, eighteen hanged,
and seventy transported upon conditional pardons.
Hughson, his wife, and the maid, with one Ury, died
at the gallows, and Hughson and a negro were gib
beted. Ury was capitally accused, not only as a conspira
tor, but for officiating as a Popish priest, upon an old
law of the colony, passed at the instance of the Earl
of Bellamont, to drive the French missionaries out of
the territories of our Indian allies ; and he was con
victed on both indictments. A letter from General
Oglethorpe, the visionary Lycurgus of Georgia, to
Mr. Clarke, of 16th of May, gave weight to the sus
picions against this wretch. After the discovery that
some Spanish Catholic slaves, taken in certain late
prizes, were accomplices in the plot, the letter con
tained the following passage : — " Some intelligence I
had of a villanous design of a very extraordinary na
ture, and it was very important; viz. that the Spa
niards had employed emissaries to burn all the ma
gazines and considerable towns in the English North
America, thereby to prevent the subsisting ofthe
great expedition and fleet in the West Indies; and
that for this purpose many priests were employed,
who pretended to be "physicians, dancing masters,
and other such kinds of occupations, and under that
pretence to get admittance and confidence in fami
lies." Mr. Smith assisted, at the request of the go
vernment, on the trial against Ury, Avho asserted his
innocence to the last ; and when the fermCnts of that
hour had subsided, and an opinion prevailed that the
conspiracy extended no further than to create alarms,
for comraitting thefts with more ease, the fate of this
man was lamented by some and regretted by many,
and the proceedings against hira generally condemn
ed as harsh, if not cruel and unjust. There was no

1741.] History of New-York. 61
resisting the torrent of jealousy, when every man
thought himself in danger from a foe in his own house.
The infection seized the whole Legislature, who were
convened when these tragedies were acting in the
court and the fields. The Grand Jurors presented a
petition for severer laws against these unfortunate
Africans ; and they had the thanks of the House for
their zeal and vigor in the detection of a conspiracy
to burn the town and murder the inhabitants, encou
raged by their opportunities for assembling at taverns,
and at the common reservoir of tea-water in the sub
urbs, and their indulgences on Sundays for sport
and recreation.
The old laws were thought not sufficiently severe ;
and yet this enslaved part of our species were under
regulations demonstrative of the dangerous spirit of
petty Legislatures, even under all the sunshine ofthe
benevolent and merciful doctrine of Christianity.
Their children were made slaves, if such was the
condition of the mother by a law in 1706, which con
tained no provision in their favor, even when they
were the offspring of a lawful marriage ; so that it re
mained a question whether the father's slavery did
not subject the legitimate issue of a free "woman to
servitude. They were witnesses in no case against
a free raan ; and by the act of 1730, they were inca
pable of any contract, or the purchase of the minutest
article necessary or convenient to the comfort of life.
The power ofthe master in correcting them was dis
punishable in all cases, not extending to life or limb.
They were exposed to forty lashes by the decree of
a single magistrate, as often as three of them were
found together, or any one w^alking with a club out of
his master's ground without leave ; and two Justices
might inflict any punishment short of death and am
putation for a blow, or the smallest assault upon any
Christian or Jew. Nay, their masters are punish
able for pardoning or compounding for their faults,
and all others for harboring or entertaining theni,
who, when suspected, are made subject to an oath
of purgation. Every manumission of a slave is invalid,

62 Smiths Continuation ofthe [Chap. I.
without security in two hundred pounds to indem
nify the parish. They are subjected to the suramary
trial of but three Justices and five freeholders, with
out a challenge, even on accusations touching life ;
and in the case of a negro, every homicide, conspi
racy, or attempt to kill a freeman, unless in the exe
cution of justice, or by misadvantage ; a rape, or an
attempt to comrait one; the wilful burning of a
dweUing-house, barn, stable, out-house, stacks of
corn or hay, nay, or may hem, if wilful, exposes to
the punishment of death.
Ought not humanity to revolt at these sanguinary
institutions } I should be chargeable with partiality
if I did not add, that, like other immoderate laws ei
ther neglected or working their own remedy, they are
seldom executed ; negroes, when capitally impeach
ed, being often tried in the ordinary course of justice,
and admitted to the rights and privileges of free sub
jects under like accusations.
Mr. Clarke brought his Assembly together again^,
and spoke to them, on the 17th September. General
Wentworth having called for fresh recruits to the
army in the West Indies, the Lieutenant Gpvernor
asked their aid for victualling them, amd the repara
tion ofthe ruins in the fort. , He renewed his demand
for a generous and durable revenue, as what the King
expected, and the expected Governor would insist
upon, and what he thought it their interest, as well
as duty, to grant ; concluding with the remark, that
as this would be his last speech, these instances could
flow from no selfish motives, which weak minds might
ascribe to them.
The members firmly attached to the new and^po-
pular mode, soon after presented him with a long,
harsh, ill-penned address, expressing great exultation
on the prospect of Mr. Clinton's arrival, and their
hope that he would bring with him the expected mi
litary stores, with presents for the Indians. They in
timate, that the quit-rent fund ought to contribute to
the erection of a new house for the Governor ; testify
their disinclination to give money for the levies, till

3741.] History of Neio- York. 63
they are actually raised ; refer him to their former
address for an answer to his. last speech, on the sub
ject of the revenue ; adding now, as a reply to what
dropped from him in words after it was delivered,
that the revenue, propei-ly considered, was a, term
only applicable to the quit-rents and other dues to
the crown, and that these then did, and always had,
passed to the hands of the Receiver General, and
that since they had ceased to be applied to the sup
port of government, the Assembly had not demanded
any accourits of their amount. Then, to prove an as
sertion in their former address, they observed, that
though a thousand pounds were given at the beginning
of the last French war, for building batteries at the
Narrows, not a single stone was ever laid out towards
that work; whereas the late erection efforts showed
the propriety of giving the trust to commissioners of
their own appointing. They remind him that, under
the old form, the public creditors were sometimes
obliged to sell their warrants at a discount, through
the delay of payment, of which there had been no in
stance under the modern regulations. Towards the
close, they assert their right to apply what they raise,
and obliquely hint that he is ofthe same opinion, but
indirectly influenced by the Auditor General : and to
the Governor's general remark, that other colonies
paid fees to Mr. Walpole, they oppose his own letter
to Mr. Belcher, the late Governor of Massachusetts,
asserting that he had received nothing from New
England ' and thence, because Massachusetts is a
corisiderable colony, they conclude (and certainly
secundum artem) that he has not received any allow
ances from the other of our neighboring colonies.
Mr. Clarke indulged his resentment in an unusual
manner, for when the speaker had read the address,
he gave them no other answer than a bow, on which
they retired, not without Some disappointment ; and
he afterwards cOmmiinicated several matters, by an
irregular method he had before practised, in a letter
to their sjpeaker, instead of a message to the House.

64 Smiths Continuation of the [Chap. I,
After the two obnoxious bills for continuing and
applying the revenue for a year, were brought m,
Mr. David Jones carried a resolve by fourteen votes
against eleven, for postponing them till others more
beneficial for the inhabitants in general were passed
into laws. Mr. Clarke, upon sight of their entry,
prorogued them for two days. When they met, they
instantly introduced the lost bills; but soon after,
voted one thousand five hundred and sixty pounds to
the expected Governor, for a year from the day his
commission should be pubUshed here ; continued all
the old allowances; voting at the sarae time fifty
pounds to the Lieutenant Governor, to reimburse
him for house-rent.
As soon as the support bill, with several others,
had reached the Council and obtained their concur
rence, Mr. Clarke sent for the House, and gave thera
the eflBcacy of laws.
When the apphcation bill was ordered to be en
grossed, Mr. Jones renewed his late motion, but the
House was not disposed to countenance his boldness ;
and the Lieutenant Governor, on the 27th November,
passed it, with several others, and the House was ad
journed till the month of March.
One of the most important acts of this session, was
that for introducing the English practice of balloting
for jurors. Mr. Clarke had formerly recommended
it, and for that reason it was not forwarded till now.
It had been passed by the Council, but Mr; Jones
brought the draft, that it might originate in the Lower
House ; and when it was coraraitted, proposed to
oblige the Quakers of Queens county, which he then
represented, to serve as juryraen ; but he could pre
vail upon none but his colleague Mr. Cornet, and
another member, to join in his motion.*

* The honor of penning this useful law, which in the main is a compound
of two modern statutes, was claimed both by Mr. Delancey and Mr. Hors
manden ; and as the text, by an incautious composition, gave ground for
the innovation of balloting jurors in criminal causes not capital, I have in
sisted upon that construction, and discovered all that anxiety in the former
for resisting and refuting a doctrine not so favorable as the old law to thft

1741.] History of New-York. 65
This gentleraan came into public service with the
patriots ofthe new Assembly, in 1737, and the favor
able opinion of his constituents, by his firm adherence
lo the project Of an annual Support. He was there
fore returned again in 1739, and then became ac
quainted with Mr. Clarkson, who was chosen one of
the city members ; and these two, with Colonel Mor
ris the younger, who was a little in the shade for his
compliances to Mr. Clarke, were the leading mem
bers ofthe House.
The Lieutenant Governor trusting to his own abili
ties, and by the first dissolution had piqued the pride
of Chief Justice Delancey, who, discerning the ad
vantages of popularity, not only for the better secur
ing his salary, for which he now became dependent
upon the Assembly, but to be revenged upon the
Lieutenant Governor, and gain an influence upon his
successors, and with a view perhaps to the succession
itself, studied to recommend himself to the House,
and now, by the intervention of Mr. Clarkson, began
an intimacy with Mr. Jones, of w'hich he made a good
use, and it continued to the end of his life.
In the two late sessions, therefore, Mr. Clarke had
little or no assistance from his Council, where Delan
cey kept the majority cool, himself privately abetting
the opposition of the LoM'er House.

prerogative, as in my opinion wo^Id add credit to his pretensions. But Mr.
Horsmanden's claims never extended higher than to a copartnership in the_
work. Tbis note would be of no consequence, if trivial actions were not
sometimes as characteristic as the greatest exploits. Subjoined is the re
port of the case. October Teim, 1756. Samuel Stilwell ad*. Dom. On
information uppn an act of Assembly to prohibit the exportation of provi
sions to the French. A common venire had issued, and a pannel with
forty-eight names was returned. Insisted by Nicol and Smith for the de
fendants, that the jury ought to be balloted by the act of Assembly, the
first clause by implication binding the crown, and the eighth having an im
mediate reference to the first. Kempe, Attorney General, contra, that the
practice has been otherwise. Curia. The statute 4 & 5 William and
Mary, of which the first section of our jury act is a copy, binds the King ;
{HaWs H. P. C. 2d vol. 273 note ;) but the Sth section from George lid.
relates to suits between parties in civil causes. Defendants' counsel then
object, that the pannel ought then to contain but twenty-four names.
Curia. It is bad ; but one juror being sworn, the objection is too late. The
cause was tried, and the verdict pro rege.
9

66 Smiths Continuation of the [Chap I.
In consequence of this conversion and new alli
ance, the House was now led to serve Mr. Horsman
den, (who often held the pen for Delancey,) by a bill
to give him two hundred- and fifty pounds for a digest
of the laws of the colony : and before the adjoui-n-
ment, both Houses concurred in a joint address to the
King, imploring his royal aid towards repairing the
colony loss by the late fire; a raeasure frora which
they expected to derive no other advantage than, by
declarations oftheir poverty, to obviate any bad con
sequences frora Mr. Clarke's representation, either
of the asperity of their addresses, or their disregard'
to the great ends he had assiduously laboured to ac
complish, for the advancement of the authority and
influence ofthe crown.*
When the proposal for compiling the laws was ta
ken into consideration, the House had discovered
what they seera to have been ignorant of, when they
presented Mr. Clarke with the long address of 24th
April, 1741, for in that they applaud the revolution,
as restoring to the colony the benefit of Assemblies ;
but, as they now perceived, in setting a rule to Mr.
Horsmanden for executing his work, that they had
Assemblies before that happy aera, and that there
were some unfavorable acts of those days still in force,
they not only authorise him to begin in 1691, but has
tily give leave to Mr. Justice Philipse, who had also
enhsted with the Chief Justice on the popular side,
to bring in a bill, declaring all acts and ordinances
passed before that period null and void. It was then
already prepared ; but whether, from the advanced
state ofthe session, or the improbability of its success
in so well-informed an administration, or the pru
dence of not stirring the old embers, and the hope
that the new edition would help to conceal what they
wished to annul, this bill was never taken up after

* It was concealed in the cppy of the entries of the day transmitted to
Mr, Clarke, under the pretext of decency to the King, and transmitted,
not by him to the Secretsiry pf State, bflt in a private letter to Mr. Clinton'
jiie ney Goyerrfor. '

1742-43.] History of New-York. ,&7
the first reading. Ofthe digesting act, Mr. Horsman
den took no advantage, hoping greater gain by com
piling the proceedings against the late conspirators,
under the title of the History of the Negro Plot : he
left the digest to be executed by other hands, which
was don.e in 1751.
Mr. Clarke's glory being in the wane, and the As
sembly looking out for the rising of a new sun, they
took the unprecedented liberty, at their next meet
ing, on the 16th of March, 1742, to request a further
adjournment. He gratified them till the 20th April;
and two days afterwards, insisted upon their repair
of the town and fort ; payment for the transportation
of ordnance to the interior frontier; the rearing new
buildings for the Governor's residence; the victual
ling and tra.nsporting recruits to General Wentworth ;
the support of agents in the Indian country; and the
amendraent of the railitia law.
They gaVe him no answer, but in a few days ap
propriated a small sum for repairing fortifications,
and forwarding the volunteers to the West Indies ;
and when the act for this purpose was passed, with
another regulating the payment of quit-rents and land
partitions, they adjourned, and did not meet again
upon business till the 13th of October, when he re
newed his request for a permanent revenue, a new
act for the support of Oswego, and the conveyance
of twenty raore recruits to the West* Indian army.
Except an act for securing Oswego, little was done
but to provide the ordinary supplies and salaries for
the year ; and they separated before the expiration
of that month.
He repeated his requests on the 21st April, 1743,
and urged^^jtr supplying the magazines with ararau
nition, bal^^nd otjher necessary stores ; with which
they w^^Piqued, as Mr. Clinton, at their private in
stance, tB^' asked for thera in England, and did not
succeed.

68 Smiths Continuation (rf the [Chap. HI

CHAPTER II.
From Governor darkens return to England, to the appoint
ment of Governor Clinton.
With a sullen disregard of the speech, they has
tened to a close ofthe session ; and after the passing
three bills, neither of extensive or permanent utility,
they took their leave of each other, and never met
again, except for further adjournments^ till Mr. Clin
ton arrived.
Though Mr. Clarke had several children, they
made no connexions in the colony. After previous
dispositions, he returned in 1745 to England, to pos
sess a handsome estate in Cheshire, purchased with
his American acquisitions. He was taken prisoner
on the passage, but found means on his arrival, to
jprocure a parliamentary donation superior to his
losses both by the fire and his captivity. By his
offices of Secretary, Clerk of the Council, Counsellor,
and Lieutenant Governor, he had every advantage of
inserting his own, or the name of some other person
in trust for him, in the numerous grants, which he was
in a condition, for near half a century, to quicken or
retard ; and his estate, when he left us, by the rise
of his lands and the population of the colony, was
estimated at one hundred thousand pounds.
His lady, who was a Hyde, a woman of fine accom
plishments, and a distant relation of that branch of
the family so highly distinguished by the faraous Lord
Chancellor Clarendon, died at New-York ; but Mr.
Clarke survived her to about the year 1761, having
lived in the affluence he acquired in America, and
leaving the world at a very advanced age.
Mr. Clinton was the son of the late Earl of Lincoln,
and uncle to the then Earl, who had not long before
united himself to the Newcastle family, by his mar
riage with Mr. Pelham's daughter. The Governor
had spent his life in the navy ; and preferring eas£

1743.] History of New-York. 69
and good cheer to the restless activity of arabition,
there wanted nothing to engage the interest of his
powerful patrons in his favor, than to humor a sim
ple-hearted raan, who had no ill-nature, nor sought
any thing more than a genteel frugality and common
civility, while he was mending his fortunes, till his
friends could recall him, and with justice to their own
characters and interests, to some indolent and raore
lucrative station. t
He arrived^ with Mrs. Clinton, a lady of a charac
ter very different frora his own, and several young
children, on Thursday the 22d September, 1743.
His commission was published the same day, and
people of all ranks, in his progress to the Town Hall
for that purpose, testified a vociferous joy. He soon
learnt that the Assembly were under an adjournment
.to raeet in a ievf days, and that the multitude would
be pleased with an opportunity for a new choice of
Assemblymen. The first act of his administration
was a dissolution of the House, on the 27th of Sep
tember, and writs were the same day made out for
convening another.
While the chiefs of the country were feasting with
and recommending themselves to the new Governor,
the elections were conducted without tumult, and
with the change of not raore than seven raerabers.
Mr. Clarke had displeased the principal zealots of
the two parties, which took their rise in Cosby's ad
ministration ; Van Dam was superannuated; Alex
ander and Smith engrossed by their private concerns,
and iraraersed in the labors of their profession. De
lancey falhng in with the spirit they had raised, as
most favorable to his resentraent against Mr. Clarke,
and being in some favor with the leaders of the last
Asserably, had his eye turned to the Governor ; and
thus the multitude were left to that torpor which ge
nerally prevails when they are uninfluenced by the
arts and intrigues of the restless and designing sons
of ambition.
The session opened on the 8th of November, and
cpntinued only to the 17th of December. They gave

70 Smiths Continuation of the [Chap. II."
the Governor a salary of fifteen hundred and sixty
pounds, one hundred pounds for his house-rent, four
hundred pounds for fuel and candle-Hght to himself
and the garrison of the independent corapanies, one
hundred and fifty pounds to enable hira to visit the
Indians, eight hundred pounds to make presents to
those tribes, and one thousand more for the unsuc
cessful solicitations ofthe King's aid, at their instance,
towards rebuilding the Fort, and obtaining a supply
of ammunition. They continued the salary of three
hundred pounds to the Chief Justice ; and now, with
out opposition, voted one hundred pounds a year to
Mr. Justice Philipse, half that sura to Mr. Horsman
den, the third Judge ; and, on motion of Mr. Morris,
began the practice of enabling the Governor and
Council to draw upon their Treasurer for contingent
services, now limited to sixty pounds, but afterwards
increased to one hundred pounds per annum. The
Governor, in return, assented to all the bills that were
offered him, without any objection to those limiting
the support to a year ; another for septennial Assem
blies ; and a third, which, by giving a remedy for the
recovery of legacies at common law, according to the
- project ofthe anti-Cosbyan patriots, gratified the ge
neral disgust raised in the late heats against the au
thority of the Court of Chancery ; the business of
which was, by this act, considered as somewhat
abridged. In this session, the House adjudged that personal
residence was not requisite to qualify a member, and
therefore admitted Mr. Ludlow to a seat for the
county of Orange, though his dwelling was at New-
York. And it is also worthy of remark, that they
applauded the practice of dissolving the Assembly
upon appointment of a Governor in Chief, informing
Mr. Clinton in their address, that the first instance to
the contrary gave rise to discontents, and that the
last had furnished a great handle to the late divisions.
On the prospect of a rebellion in Scotland, the
Lords Justices despatched orders for military prepa
rations, which occasioned a call of the Assembly m

1744.] History of New-York. 71
April 1744, and the Governor's renewal of his im
portunity for a supply of the magazine, rebuilding
the Fort, appointing agents, attending to Oswego,
strengthening the hands ofthe commissioners for In
dian affairs, and for guarding those allies against the
intrigues of the French.
Both Houses strove to outvie each other in this
alarm ; and a joint address was immediately present
ed, to testify their abhorrence of the Scottish rebel
lion and a Popish Pretender ; large sums were given
for the fortifications ; three thousand pounds voted
towards a raansion-house for the Governor ; and the
arrears due to Mr. Barclay, the Mohawk missionary,
paid off After which the House adjourned to July;
when the war having been declared, and the Indians
visited by the Governor, he called upon thera for fur^
ther expenditures on the. northern frontier, not only
for adding to the works, but to co-operate with com
missioners from Massachusetts Bay, in cultivating a
more firm and extensive alliance with the savages of
the wilderness. He recommended also the fitting
out armed vessels to guard the coast, and made his
third request to them for constituting agents at the
British Court. He backed his speech with a message,
more particularly to explain his general requisitions;
and very properly proposed the construction of a
fort, at the joint expense of this and the eastern co
lonies, in the neighborhood of Crown Point, and an
other at Irondequot, or near it, at a common charge,
to secure the fidelity of the Senecas, the strongest
and raost wavering of all the six confederated tribes.
He was still more importunate on these subjects, af
ter the flight of the Indian traders from Oswego upon
the news of a declaration of war ; and added his de
mands for the support of certain prisoners brought in
by the privateers.
The House, perceiving the insufficiency of their
duties upon commerce to raise a competent fund for
the public exigencies, and that it was expedient to
lessen that income and encourage privateering, by
exempting prize goods from all impost, proceeded

72

Smiths Continuation ofthe [Chap. II.

with some hesitation, being disinclined to that gene
ral taxation to which they would be obliged to sub
mit, and foreseeing their own animosities in the as
sessing of the county quotas for a partition of the*
burden. At this juncture the Council, to quicken their mo
tions, requested, by Doctor Colden and Mr. Murray,
a free conference, to which they assented. Mr. De
lancey opened it, and urged the necessity of strength
ening the garrison of Oswego, lately deserted by the
traders ; and they were brought to join in an address,
imploring the Governor to send a detachment of fifty
men to that fortress, for whom the Lower House im
mediately voted a supply; and agreeing to give a
sum for the siipport of the prisoners in the colony,
they addressed the Governor, complimenting hira on
his vigilance and clemency, and entreated that he
would find raeans to send them away.
When they had provided the ordinary yearly sup
port, and for raany other expenses, and were desir
ous of a recess, Mr. Clinton, observing that no pro
vision was raade for the general Indian alliance
proposed by the Massachusetts Bay Assembly, en
treated their attention to it as a great and important
object, much urged by Governor Shirley in a late
letter : but their generosity being exhausted, or their
fears excited, they resolved it to be imprudent to en
gage in the scheme, without a previous plan of it;
and they were sent home on the 21st of September.
The French attempt upon Annapolis having rous
ed the eastern colonies to the bold design, which
they accomplished in the year 1745, by the reduction
of Louisburgh ; Mr. Clinton, animated by Mr. Shir
ley's example, sent thera ten pieces of field ordnance,
with the necessary warlike implements, and in March
solicited the Assembly to co-operate in that enter
prise. He took the same opportunity to press the
equipment of a guard-ship for the defence of the
coast ; the appointment of agents ; the construction
of more inland forts ; further presents to the Indians;
money to defray the march and transportation of the'

1745.] History of New-York. 73
detachments and supplies to Oswego ; liberal sums
for contingent expenses ; further aid for supporting
prisoners ; provision to enable him to send commis
sioners to join with others in a general treaty with the
Indian nations ; and a union with the rest of the co
lonies, both of force and councils, agreeably to a
royal instruction continued from the revolution to
this day.*

* The instructions referred to, show the early attention of the crown to
this great object. The following are copied from the book given to Mr.
Montgomery : —
" 83. Whereas it has been thought requisite that the general security of
our plantations upon the continent of America be provided for, by a Con
tribution in proportion to the respective abilities of each plantation ; and
whereas the northern frontiers of the province of N ew-York, being most
exposed to an enemy, do require an extraordinary charge, for tbe erecting
and maintaining Of forts necessary for the defence thereof ; and whereas
orders were given by King WHham the Third, for the advancing of five
hundred pounds sterling towards a fort in the Onondago country, and of two
thousand pounds sterling towards the rebuilding the forts at Albany and
Schenectady ; and likewise by letters, under his royal sign manual, direct
ed to the Governors of divers ofthe plantations, to recoinmend to the Conn*
oils and general Assemblies of the said plantations, that they respectively
furnish a proportionable sum towards the fortifications on the northern fron
tiers of our said province of New- York — viz.
Rhode-Island and Providence Plantation, - - - £.150
Connecticut, -----¦.------- 450
Pennsylvania, ----- --. . - 350
Maryland,  650
Virginia, - - -  900
Making together, - L. 2,500
And whereas we have thought fit to direct, that you also signify to our prb-
vince of Nova Caesarea, or New-Jersey, that the sums which we have at
present thought fit to be contributed by them, if not already done, in pro
portion to what has been directed to be supplied by our other plantations as
aforesaid, are two hundred and fifty pounds sterling for the division of East
New-Jersey, and two hundred and fifty pounds sterling for the division of
West New-Jersey : you are therefore to inform yourself what has been
done therein, and what remains further to be done, and to send an account
thereof to us, and to our Commissioners for Trade and Plantations, as
aforesaid. " 84. And you are also, in our name, instantly to recommend to our
Council and the general Assembly of our sa^d- province of New- York, that
they exert the utmost of their power in providing, without delay, what
further shall be requisite for repairing, erecting, and maintaining of such
forts in all parts of the province, as you and they shall agree upon.
" 85. And you are likewise to signify to our said Council and the said
general Assembly, for their further encouragement, that besides the contri
butions to be made towards the raising and maintaining efforts and fortifi-
xiations on that frontier, as above mentioned, it is our will and pleasure, that
10

74 Smiths Continuation ofthe [Chap. IL
The Assembly, conscious of their neglect of his
recommendation for constituting an agent, took the
repetition unkindly. They had, on that account, been
much censured without doors, a bill having been
brought into Parliament for preventing the colony
paper money from being a legal tender, and to pre
vent which no steps had been taken, though it was
known here before their last rising. But the other
colonies awakened the popular attention, and com-
> pelled the cjty members and several merchants to
join with the Council, in the recess of the House, to
co-operate in the necessary remonstrances to the
Commons of Great Britain for postponing the bill.
They had not then, as they now asserted, given any
more than tho title of it, and consequently knetv
nothing of the scope of its last two clauses, which
alarmed all the colonies with apprehensions of a de
sign to overturn the liberties of the plantations, by
compelling our legislators to obey all the orders and
instructions of the crown.
One of the first objects, therefore, of their present
attention, was a report upon the^e transactions;
thanks to the managers of them ; tlie reimbursement
of the money sent to Messrs. Sarauel and William

in case the said frontier be at any time invaded by an €nemy, the neighbor
ing colonies and plantations upon that continent shall make good in men, or
money in lieu thereof, their quota of assistance, according to the following
re-partitions — viz. • ' .

Massachusetts Bay,
New-Hampshire, -
Rhode-Island, - '

-: - 350 Men.
4048

Connecticut,

120 ¦

New- York,. -

200 ,

East New- Jersey,
W^est New-Jersey,
Pennsylvania,Maryland, - - -
Virginia, - * -

- " 60
¦60 '
80
- ,160 240

¦ Making together, - 1,358,
Pursuant whereto, you are, as occasion requires, to call for the same ; and
incase of any invasion upon' the neighboring plantations, you are, upon
apphcation of the respective Governors thereof, to be aiding and assisting
to lihem in the best raanner you can, and as the condition and safety of your
<gOTernraent will permit."

1745.] History of New-York. 75
JBaker of London, who had been charged with the
opposition to the bill offered to the Commons, and the
approbation of the objections urged against its pass
ing into a law.
In this ill humour they presented no address ; and,
though Mr. Clinton sent them the papers necessary
for their information concerning the eastern expedi
tion with a copy of the instruction referred to in his
spe qh on the 14th of March, they continued for se-
veri . days inattentive to it ; shghted his opinions con
cerning additional fortifications ; ordered the city
members to enquire for and consult sorae eugioeer ;
intiraated a design to lessen the garrison of Oswego ;
declined the project of a guard-ship; rejected that
for appointing joint coramissioners to treat with the
Indians for mutual defence ; voted but three thou
sand pounds to the New England expedition; re
solved to appoint no agents at present, and declined
the provision of presents for the Indians.
Expecting nothing from them in this tempier, he
convened both Houses before him on the 13th May,
passed three bills sent up to him by the Council, and
dissolved the Assembly, delivering a speech at the
same time, in which he not only expresses his own
resentment with insinuation of the receipt of personal
incivilities, but endeavours to render them odious to
their constituents.
The late sudden dissolution had very little influ
ence upon the minds of the coraraunity at large, for
nearly the sarae raerabers were returned ; but it in
fluenced the new House, for, in answer to the Gover
nor's speech of the 25th June, they presented an ad
dress promising attention and despatch, and testify
ing their persuasion, that he had the King's service
and the welfare of the colony sincerely at heart, and
promising their assistance in cultivating harmony be
tween the several branches of the Legislature, for
the great ends they all had in view.
What he had proposed was the erection of several
batteries in the capital, more forts on the frontiers,
and aid of ships, men and provisions to the New Eng-

76 Smiths Continuation of the [Chap. II.
land enterprise upon Louisburgh, wliich promised
success by the capture of one of the batteries and a
ship of 64 guns.
Mr. Jones, who had long acquired the reputation
of an economist, was now placed in the chair.
They immediately ordered in a bill to give five
thousand pounds towards the Cape Breton expedi
tion, another for the necessary fortifications, and
others for finishing the Governor's house, presents
for the Indians who were wavering and had lately
made a visit to Canada. His design for an immedi
ate treaty with them was his apology for convening
the Assembly.
They voted six hundred pounds in addition to four
hundred pounds not yet expended, and he went im
mediately to the Indian treaty at Albany. After his
return in autumn he informed the House, by a mes
sage of 2d November, that the French Indians had
broken the neutrality and made incursions upon New
England; that he dreaded an attack upon this colo
ny ; that the Six Nations agreed to take a part in the
war, and had his orders for action. They did not
part before tbe Governor's prediction was verified in
the destruction of the scattered village of Saratoga,
within forty miles from Albany.
The party of French and Indians, from Crown
Point, surprised those settlements on the night of the
16th November, and burnt the fort and several other
buildings, killed some of the inhabitants and carried
others into captivity. The country being uncovered
down to the very city of Albany, this event not only
spread a general consternation araong the northern
settlers, who all fled from their habitations, but raised
a general dissatisfaction. Mr. CHnton, indeed, was
unblameable, having frequently endeavoured to ex
cite the Assemblies, and so had Mr. Clarke, to erect
a fortress on the northern frontier ; but the censures
of the multitude being loud and clamorous, the Go
vernor indulged more heat than prudence, and sent
a message to the House respecting the tragedy at Sa
ratoga, and threatened to draw out detachments of

1745.] History of New-York. 77
the militia, expressing himself in such sharp re
proaches for their inattention to his former requisi
tions, as were not soon forgot. At present they sup
pressed their resentment, and entered a resolve, that
they would, at all times, concur in tevery reasonable
measure, not only for the defence of the province,
but the assistance of their neighbours, in any well
concerted plan corisistent w'ith her circumstances, to
distress and attack the enemy ; adding, that this was
and ever had been the firm purpose and unanimous
resolution ofthe House.
The session being nearly at an end, they passed
votes of credit, offering rewards for scalps, the pay
ment of scouting parties, the erection of redoubts,
the transportation of detachments, provisions, and
ammuriition for the Indians. The rejection of Mr.
Holland, who claimed a seat in the House as mem
ber for the township of Schenectady, contributed not
a little to the acrimony of the Governor's message.
Though he had a majority of electors, his petition
was, at first, unreasonably postponed, and hiraself, at
last, excluded (1st November) under the pretext of
his wanting qualifications required by the town char
ter ; but, in truth, because he was a resident at New-
York and a friend to the Governor. Mr. Holland
lost nothing by this injury, for it procured hirri the
mayoralty of. the metropolis and a place in the
Council. The bills providing salaries for the year, in which
they continued the gift of twenty pounds made for
several years past to Mr. Barclay, the missionary to
the Mohawks, being passed with several other acts,
the session terminated on the 29th of November.
Importuned by Colonel Philip Schuyler of Albany,
whose brother was massacred in the late descent
upon Saratoga, for a detachment of three hundred of
the militia of the lower counties, and the rebuilding
of the fort there, and by the Commissioners for In
dian affairs on other proposals for the security ofthe
frontiers, and stimulated by letters from Doctor Col^
den and others, who gave alarms of attacks intended

78 Smiths Continuation ofthe [Chap. IL
on the western side of Ulster county, as well as by
the people of Massachusetts, for a confederacy with
the eastern colonies in a plan of general defence ;
Mr. Clinton gave the Assembly a recess only till the
20th of December, and then held up these objects to
the attention of the House in a message, asking at the
same time for some efficacious amendments to the
mihtia act, and tartly taxing thera with the neglect of
the iraportant particulars laid before them for the
service and honor ofthe province.
They asked leave to adjourn to the 7th of January,
1746, and before he consented, voted one hundred
and fifty pounds for rebuilding Oswego. They con
curred, at the next meeting, in amending the militia
act ; prepared to fulfil their late engagements ; call
ed for a conference with the Council respecting the
New England confederacy; voted the erection of a
line of block-houses on the frontier, and for rangers
to defend the western quarter of Ulster and Orange-;
added to the fortifications in the capital ; resolved on
a lottery, and a new^ emission of ten thousand pounds
in paper money, to be sunk by a tax.*
They nevertheless raade their advancements with
disgust, and fell into quarrels with each other, divid
ing often upon the partition of the general burden
among their counties, and at length fOr several days
met only to adjourn. The Governor passed the bills
that were ready for him, and prorogued the House
for a few days. On re-assembling, the 4th of March,
the small-pox prevailing at Greenwich, where they
had lately sat, they requested an adjoui-nment to the
second Tuesday in April, at some other place. No
thing could be more reasonable than a change ofthe
place, whatever the objections might be as to the
tinie. The answer was this : " Gentlemen,— My pre
sent indisposition prevents me from speaking to you
in public. I most earnestly recommend to you to

* They would not confer with the Council upon the bill for this emission,.
cpnsidering it as a money bill. J^ide journal, 25th February, 114$.

1746.] History of New- York. 79
make ample provision, and that with the utmost desy
patch, for all those services I recommended to you
the last session, and hitherto remain unprovided for."
Upon which they resolved, that their speaker and five
members have power to adjourn from day to day, but
that not less than a majority transact any other busi-
nessyand upon all questions the names of the mem
bers be entered and published in the journals ; and
then they adjourned to the evening of the next day.
Mr. Clinton called his Council together in the in
terim, and sent a message consenting to their meet
ing on the 1 2th instant, at the borough oi Westches
ter. They met there, and first voted a request to
meet at Brooklyn on Long-Island, but rescinded it the
same day, and desired to return to New-York ; and
remaining inactive for several days, the Governor,
with the advice of the Council, preferred Brooklyn
to the capital, where the small-pox prevailed, and
ordered them to adjourn thither accordingly.
Sixteen days had now elapsed to no other purpose
than incurring the ridicule of the wits, and sharpen
ing spirits before sufficiently disquieted; and as soOn
as the House met at Brooklyn, on the 20th of March,
they appointed a committee to answer a representa
tion, which the Council had presented to the Gover
nor, on the late refusal of the House to confer with
them on the bill to emit ten thousand pounds of pa
per money.
The Governor now opened theirbusiness by a mes
sage, demanding provision for constructing six new
block-houses on the northern frontier; the punctual
payment of their militia garrisons, and twenty-five
men to be posted in two others at Schenectady ; no
tified thein that the Six Nations had refused to act in
the war ; urged an, alliance with the New England
colonies, to lessen the expense of repurchasing the
aid of the six cantons ; insisted upon more money to
strengthen the hands of the comralssioners, pro re
nata ; demanded a further aid of provisions for the
Oswego garrison ; a quota; of men to garrison Louis.-
burgh, till others arrived from England ; and, to in-

80 Smiths Continuation ofthe [Chap. II.
gratiate himself with the people without doors, con
cluded with declaring, that '^ the enemy cannot be
more industrious for the ruin of the colony, than he
could be careful to preserve it in the quiet possession
of his Majesty's subjects."
After this, they called a conference with the Coun
cil for nominating commissioners to treat with the
other colonies, and agreed to recommend to the Go
vernor, Messrs. Philip Livingston, Horsmanden, and
Murray, of the Upper House, and Mr. Verplanck and
Mr. Nicoll, of the Lower House. They desired the
Governor to inform them whether he had any objec
tion to the emission of paper money ; but to this he
gave the proper answer, that " when the bill came to
him, he would declare his opinion."
They proceeded then to votes for the services that
were recommended, and increased the emission bill
to thirteen thousand pounds, and projected a l(rttery.
To lessen the expense, they proposed to the Coun
cil a joint address to the Governor, for his posting at
Schenectady sixty raen of the independent compa
nies in the pay of the crown : and about the same
time, Mr. Clinton stimulated them again for their
quota to maintain the garrison at Louisburgh, where
an attack was expected; and for an allowance to
Captain Armstrong, an engineer, serit over at his in
stance by the crown, to plan the intended fortifica
tions. The first of these they iraraediately refused,
assigning for their excuse, the exposed and weak
state of the colony.
On the 3d of May, he gave them a recess for a
month ; and then passing the lottery bill, to raise
three thousand three hundred and seventy-five
pounds, for fortifying the city of New-York ; another
for the like purposes in other parts of the colony ; a
third for a military watch in the county of Albany ;
another authorizing commissioners to take affidavits
in the country to be used in the Supreme Court ; and
that for issuing thirteen thousand pounds in bills of
credit, to be sunk by a three year's tax ; the annual

1746.] History of New- York. 8 1
advance money to the Crown even upon loan, con
ceiving that it ought to be raised by bills of exchange,
a hint which Mr. Clinton iraproved greatly to his own
eraoluraent. They separated on the 15th of July,
and the Governor, in a few days after, went to the In
dian treaty at Albany.
He. could prevail upon none of the Council to at-
ti'iiii'him, except Doctor Colden, Mr. Livingston, and
Mr. Rutherford. From Mr. Delancey, by whom his
measures had formerly been directed, he was to ex
pect no aid. They had quarrelled in their cups, and
set each other at defiance. The Governor then gave
his confidence to Mr. Colden. The Chief Justice, in
flated by his popular influence — the rise of Sir Peter
Warren, his brother-in-law, and the patronage of Dr.
Herring, formerly his tutor and now his correspon
dent, in the elevated station pf Archbishop of Can
terbury—and, by Mr. Clinton's incaution, rendered
independent by a renewal of his commission during
g(K)d behaviour, in other words, for life — had begun,
in the course of last -winter, to domineer over the
Governor, who, on a certain occasion, expressed with
sorae tartness his resolution to maintain the dignity
of his station. The altercations ran so high, that
Mr. Delancey left the table with an oath of revenge,
and they becarae thenceforth irreconcileable foes.-
The Governor left no stone unturned to procure a
nuraerous assembly of the Indians. The interpreter
had exerted himself for that purpose among the more
distant tribes,, while Mr. Johnson,* at his request,
* This gentlemen owed his elevation from the obscurity of a solitary re
sidence in the wilderness to the incidents of this period. He was a ne
phew to Captain, afterwards Sir Peter Warren, and until his ambition was
fanned by the party feuds between Clinton and Delancey, aspired no higher
than to the life of a genteel farmer ih the vicinity of fort Hunteri sur
rounded by the Mohawks. When Colonel Philip Schuyler (who as the' son
of the celebrated Peter) held tbe affection of the Six Nations, he indis
creetly attached himself to Delancey. A door was then opened to Mr.
Johnson, who became a favourite of Clinton's, and improved his advan
tages, as the sequel will show, to the acquisition of honour and power, and
suqb a vast estate of the crown lands as cannot fail to support the heredi
tary dignity of an English Baronet, to which he arrived in the course of a
few years, in consequence of bis celebrated victory over Baron DieskaTl.
and the French troops at Lake George in 1755^

82 Smiths Continuation ofthe [Chap. H-
practise!^ upon the Mohawks in his neighbourhood.
The day the Governor arrived, he was presented with
two French scalps, taken near Crown Point ; and on
the 8th August Mr. Johnson, to ^hom Mr. Clinton had
given the rank of Colonel, entered the town at the
head of the Mohawks, painted and dressed in their
manner. The Governor being indisposed at the
opening of the conference, it was left to Mr. Colden
to deliver a speeCh of his own drafting; and in his
excuse for the absence of Mr. Chnton, he describes
himself to the Indians as the next person inthe adminis
tration, for Lieutenant Governor Clarke having gone
to England, he was then the eldest member of the
Council. He reminded them of the antiquity ofthe
covenant chain, and that one intent Of the present in
terview was to confirm it. He informed them of the
French attack upon Annapolis Royal, of the reduc
tion of Louisburgh in resentmerit for that injury, of
the subsequent incursions of the enemy, and Of their
promises of assistance ; rebuked their inactivity ; re
vealed the design to attack. Canada, on this side by
troops from ihis and the western colonies, while those
to the eastward, with the navy, ascended the St.
Lawrence. For exciting the savage.s to co-operate
with lis, and raise and spread their fame among all
the Indian nations, he calls to their remembrance the
aricient insults their fathers had received from the"
French at Onondaga, Cadaracqui, and in the Seneca
country. He applauds the prowess of their ances
tors in the invasion of Montreal, inveighs against
their listening to the seducing wiles of the French
priests, and then requests their joining with us in
the grand enterprise of driving all the French out of
the country as essential to their and our safety. -
These addresses were, after the Indian raariner,divi-
dedinto short paragraphs, and belts of wampums given
for memorials, A Sachem, on the delivery of every
beh, turning to each tribe uttered the word,,"yo-hay,"
do you hear. They answered, and when the war-belt
was given, there was a general shout.

1746.] History of New-York. 83
levies of which, here subjoined, show the compara
tive opulence' of the counties at that time :
New-York, - - - L. 1,444 8 11
Albany, - - - - 622 3 9i
Kings, - - - 254 18 04
Queens, , - - - - 487 9 54
Suffolk, - - - - 433 6 8
Richmond, - - - 131 6 34
Westchester, - - - 240 14 84
Ulster, - - - - 393 18 94
Orange, - - - - 144 8 104
Dutchess, - - - - 180 11 14

Zy. 4,331 10 8
To guard the reader unacquainted with the petty
caba!ls of a distant colony, and who may be deluded
by the seeming precision of these quotas, it is proper
to add, that the members for the metropolis always
complain of the intrigues of the country gentleraen,
in loading their city with a third part of the public
burdens for the ease of their own counties ; and that
but for the fear of losing their bills in the Council,
which is generally composed of citizens of influence,
a still greater share would fall upon that smalMsland
forming the city and county of New-York.
In the recess, Mr. Clinton found it, necessary to
add three hundred of the- militia to the one hundred
and twenty in the block-houses, and those thirty post
ed at Saratoga. This occasioned fresh demands upon
the Assembly, to which they readily complied, with
an augmentation of one hundred and fifty more, be
sides fifty Indians : and three days after the first mes
sage, the Governor informed them of the designation
of this aid by another brought to Brooklyn^ by Mr.
Banyar, Deputy Clerk of the Council ; and the same
day opened a new and extensive scene in a speech,
acquainting them, that the Duke of Newcastle, in a
letter of the 9th of April, had signified his Majesty's
pleasure to set forward an expedition againsttCanada,
commanding levies in all the colonies for that pur
pose ; that every company should consist of one hun-
11

84 Smiths Continuation of the [Chap. IL
dred raen, to be raised frora New-York to Virginia,
inclusive, in one corps, under Mr. Gooch, the Gover
nor of Virginia, as Brigadier General, and the whole
force to be as great as could be collected before the
tirae of their march.
The project was Mr. Shirley's : it was communi
cated in a letter ofthe 13th of January, and approv
ed by our Asserably on the 25th of February. They
were to be joined by regular troops from England.
This intelligence was received with the greatest
exultation by the general mass of the people. The
Assembly therefore expressed themselves that very
day with all the ardor of patriotic zeal. "The mo
ment we leave your Excellency," said they, " we
shall employ our hearts and our hands to the great
work before us, and come to such resolutions as shall
immediately forward the important design ; and the
whole course of our proceedings shall be conducted
with such unanimity and effectual despatch, as may
add to the pleasing hopes of a happy success, and
prove us fully sensible of our duty, loyalty, and gra
titude to his Majesty, our regard to the ease, welfare,
and security of those we represent, and of that just
-resentment that should animate us in opposing the
perfidy and cruelty ofthe most dangerous enemy."
Bounties Avere raised for volunteers, and for the
purchase of provisions and ammunition; exportations
of provisions prevented ; the Indians called to a
meeting ; the other colonies excited to join in col
lecting presents to conciliate their aid; artificers im
pressed for public works ; part ofthe militia detach
ed ; a forty thousand pound tax imposed, to sink as
much, immediately supplied by a neW emission of
paper money; thanks given to the King for forward
ing an enterprise so necessary to us, and for advan
cing the trade of the empire in general.
They hesitated about nothing necessary to give it
success, except furnishing provisions for the Indians,
uftless the neighboring colonies WOuld bear a part of
the expenses; and any contribution for the trans
portation of stores, for which they refused even to

1746.] • History of New-York. 85
power in any one of the parts of governraent, a cure
has been attempted by throwing an over-measure of
that power into some other part, by which the ba
lance between the several parts of government has
been destroyed. The cure became worse than the
disease, whereby confusion and calamity always en
sued, till the balance was again restored. I am told
that something of the like nature has more than once
happened in this government. Let us, then, guard
against such mischiefs ; and let us resolve to show,
by our actions as well as by our words, that we un
derstand and love the English eonstitutidn, and there
by convince each other of the sincerity of our inten
tions for the good of our country ; and then, I make
no doubt, all of us shall enjoy the pleasures which'
necessarily arise from the good effects of such a re
solution." The Assembly voted six thousand five hundred
pounds for victualling the troops in their winter quar
ters, and two hondred more to transport the provi
sions to Albany, but would not provide, in future, for
the militia detachments of May and June.
The Governor, to whom the address was present
ed, took the hint, that they did not mean to pay for
the land-carriage from Albany ; and, therefore, in
sisted that this expense should be provided for. The
volunteers amounted tO thirteen hundred and eighty
men. He said there were one huridred and eighty
men without their bounty money, and requested blan
kets both for them and part of the King's indepen^
dent companies, who were to join the little army on
the northern frontier.
The flame soon broke out. The Assembly turned
their attention to the civil list ; for the year voted
only the deficient bounty money, and ordered a re
presentation to be drawn up in answer to the Gover
nor's speech and message, and a bill to be brought
in to raise two thousand two hundred and fifty pounds
by lottery, towards erecting a College.*
* .23d Octoberl746.

86 Smiths Continuation ofthe [Chap. IL
On Wednesday, the 24th of October, they ad
journed, without leave, to Friday, then to Monday,
and the day after received, approved, engrossed, and
sent to the Governor a representation reported by
Colonel Phihpse, Colonel Morris, Colonel Schuyler,
Mr. David Clarkson, and Mr. Henry Cruger.
It is to be observed, that while this instrument was
preparing, advice arrived frora Albany, that Henry
Holland, the Sheriff of that county, by order of Col.
Roberts,* had broke into the Coraraissioners' Store
houses, and taken out the provisions entrusted to their
care for the use of the array.
The representation of the Asserably, after de
claring their ignorance of the bad disposition of
the Indians and the authors of it, sullenly observed,
that they last year provided for his voyage to a trea
ty with them, and that he and those he employed can
best tell what service it had answered. ¦
They professed their willingness to inquire into the
neglect or misconduct of the Indian affairs, and for
that end, they aSked for the correspondence upon
this subject between him and others since his ar
rival. /
They disapproved of his winter camp, intimating
their apprehensions, that deaths and desertions,
through the severity of' the weather, would frustrate
the King's design of any expedition to Canada the
next year.
They boasted of further contributions to it than the
King expected,, and then alleged that they are at a
loss to discover the meaning of his dissuading from
parsimony, a term not so much as once raentioned in
their House.
They are surprised at his opinion, that the Legis
lature are not in perfect barraony. They are apprised
.%  _ — .  .  '.  ¦
* An officer of bne of the independent companies, now raised by Mr.
Clinton to the rank of Colonel in the interlded expedition. He had been
a Cornet bf horse at the accession of George the first, and was connected,
by his first marriage, to the Earl of Halifax. His second wife was adsiugb-
ter of that Mr. Harison who had so deep a share in the feu'ds of Cosby and
Van Dam.

1746.] History of New- York. 87
Mr. Clinton appeared the next day, and an Onon
daga orator replied for all the nations.
They promised to hold fast the ancient silver chain;
engaged frora the bottora of their hearts to make use
of the hatchet against the French and their children,
(raeaning their Indian allies); threw down a war-
belt as a testimony of their union, and recommended
unanimity among all the colonies. They denied that
the French priests lulled them asleep, declared their
abhorrence of them, and that the remembrance of
¦the cruelties of the French raade their blood boil.
They gave assurance, that they would send in their
warriors, with some from the Missisagacs, a nation of
five castles and eight hundred men between the Lakes
Erie and Huron, who were represented by their de
legates then present.
The presents from the Crown, Virginia, and Mas
sachusetts Bay, were afterwards distributed.
The Governor left it to the Six Nations to give a
share to the Missisagacs ; intimated his . discovery,
that certain oftheir warriors, being in Canada when
the tidings of the reduction of Lduisburgh arrived,
had joined the French for the defence of Quebec.
He prottiised arriis, clothing, and ammunition, to such
as would noW go out in the British service.
After they had delivered the presents, they hung
on the war-kettle, pairited themselves as in their
Avars, and danced till late at night. They perform
ed this singly, in a slow motion, to a plaintive tune.
One of the Missisagacs's deputies died at Albany
of the small-pox ; and, towards the last stage of his
disease, requested the Governor, that the first French
scalp taken in the war might be sent to his mother,
a,nd this promised, he, without reluctance, resigned
himself to death.
Mr. Clinton, about the same time, convened and
spoke to the Mohendars, under which name are com
prehended all the other savages near this part ofthe
sea coast, and on the banks of the rivers Hudson,
Connecticut, Delaware, and the Susquehana ; to
these also, a set of dastardly tribes, he gave pre-

88 Smiths Conlinuatwn of the [Chap. II.
sents for promises which they never meant to per
form. There were, soon after this congress, such insinua
tions of the scantiness of the Governor's gifts, whe
ther true or false cannot be determined, that he
thought it requisite, in vindication of his character, to
publish an account of the treaty and transactions. It
was written by Mr. Colden ; but, though it evinces
the propriety of the speeches to draw the Indians
into the war, it contained no list of the articles ac
tually distributed araong the savages, and wanting
this proof, the scandal was rather confirmed than re
futed by that incautious publication.
Meeting his Assembly again in October, the Go
vernor, now guided by Mr. Colden, set the public
wheels in motion in an unusual manner. Being in
disposed, he sent for the Speaker, and, through him,
laid a copy of his speech before tl^e House. They
pronounced this mode irregular and unprecedented ;
but to prevent delay, went into the consideration of
the business recoraraended.
The speech complains of the difficulty he had to
engage the savages to go out into this war ; ascribes
the ill temper of the Indians to neglect or misconduct
in the managenaent of their affairs, and the inefficacy
of the design, to Mr. Gooch's declining the service,
the non-arrival ofthe fleetj and the news of the Brest
squadron's hovering on the coast of Nova Scotia with
many land forces. Having given orders for a winter
carap in the north, and the erection of more small
forts, the Governor demanded further supplies for
those purposes, as well as the management of Indian
affairs. He reprobates all parsimony as real prodi
gality at this juncture. His persuasions to harmony
excited to discord. He hinted that distrusts were
often aggravated by artful designing men; and in
sisted that every branch of the Legislature should
act within its own hmits, according to the model of
the British constitution, adding, at the close, " that
when unhappy differences have arisen in our mother
country, fropi an imprudent or wanton stretch o

1 746.] History of New- York. 89
of the necessity of it ; think themselves capable of
guarding against the private views of artful and de
signing raen, and would be sorry any such should pre
vail on hira to disturb the harmony necessary to the
general preservation ; that if any persuasion excited
his distrust of the Legislature at this juncture, they
affirm that they are not friends to the country, but men
of sinister views.
They confessed that differences have formerly hap
pened, but they were thought to arise rather from
bad advice to Governors than wantonness in the peo
ple, and ought to serve as land-marks to avoid the
like evils. They affirm, that upon the communication
of the Duke of Newcastle's letter they provided for
victualling the troops, and gave eight pounds bounty
with a blanket to each volunteer, and never intended
their Coramissioners should deliver out the subsis
tence at Albany ; that the circurastances of the co
lony (of which they were the raost corapetent judges)
would not adrait of any further step, and beyond this
th ey raeant not to go.
The Governor who, when Mr. Gooch declined his
appointment, acted in his stead in the direction of
the troops intended for Canada, had, before he left
Albany, ordered the Coraraissioners to deliver out
provisions to the four independent companies, des
tined with others to the carrying place above , Sara
toga on the route to the French fort at Crown Point.
Colonel Roberts had the coramand to require an
unlimited quantity of provisions for the whole
party, and to surmount the refusal of the Commis
sioners; gave an order on Mr. Holland to irapress pro
visions for fourteen hundred raen for twO months. It
has been before observed, that a law Avias passed au
thorizing the impress of artificers ; it extended to
horses, waggons, and other things necessary for the
success of the expedition, and Mr. Clinton had left a
Avarrant with Holland, the sheriff, for carrying it into
execution. Provisions had been demanded for one
hundred and thirty men more than Avere in service,
12

90 Smiths Continuation of the [Chap. II.
and three companies had already draAvn out their
quota. The House considered the Governor, therefore, as
in the scherae of forcing the transportation, the ex
pense of which they had refused to defray, and the
rather because Doctor Colden, when at Albany, had
insisted upon it, menacing the Coramissioners if they
did not comply.
Hence the clamors in the country, the prognostica
tions in the Governor's raessage, and the severities of
the representation, though it was four days afterwards
that the House resolved, that the Governor was ill
advised in granting the warrant for the subsistence of
the King's independent fusileers ; that the Corarais
sioners obeyed the laAv in refusing to coraply with it ;
that Colonel Robert's order was arbitrary and ille
gal ; that the breaking open the stores was a viola
tion of the rights and liberties of the subject ; and
that Colden, Roberts, and Holland, were guilty of
high crimes and misderaeanors ; and that it would be
in vain to furnish provisions for subsisting the forces
in the expedition against Canada, until assurances
were given that an effectual stop should be put to
such proceedings ; and an order was made for re
questing the Governor's command to the Attorney
General to prosecute the delinquents.
Mr. Clinton's message of the 10th of November,
in answer to the representation of the fifth, contribu
ted nothing to the extinguishment of these discon
tents. Displeased with the Commissioners of Indian
affairs, he charges the untowardness of the savages
upon them, as traders with thera ; proraises to give
orders to the Secretary for that business to prepare
copies of the correspondence ; expresses high disap
probation at the public testimony of their dissatisfac
tion with his winter camp, as countenancing a con
tempt of orders, and the printing it Avithout Avaiting
for his answer ; and threatens to complain to the
King of the difficulties he had passed through in the
last six months ; and with respect to the resolves of
the 8th he observes, in another message of the 24th,

1746.] History of New-York. 91
for the vindication of his OAvn raeasures and to wipe
off aspersions upon others, that the troops at Albany,
by concert between himself, Mr. Shiriey, and Mr.
Warren, Avere destined against Canada; that he add
ed to them a part of the independent companies^
that the new levies, Avho they had agreed to supply
with provisions, were at first sixteen hundred men,
exclusive of coraraission officers ; that these, by de
sertions and disease, were reduced to fourteen hun
dred, including the officers ; that he could not ima
gine it disagreeable to them that he supplied the de
fect of tAA'o hundred out of the independent compa
nies ; that when he issued the orders to march, he
sent Major Clarke to the Commissioners with assur
ances that, if the Assembly disapproved of the sup
plies, he would replace the quantum ; that the form
of the warrants they complained of are settled in
Council ; that he authorized Doctor Colden's request
to the Commissioners for transporting and delivering
out the provisions to the Captains, and on their ob-
, jecting, to engage payment for the expense of the
carriage, and that if they refused this, to intimate
his intention to appoint other Coraraissioners ; that
Mr. Colden reported their consent, and Mr. Cuyler,
one of thera, confirraed it.
He then refers them to the minutes of a council of
war, held at Albany by Colonel Roberts, Colonel
Marshal, Major Clarke, and Major Rutherford, on the
1 6th October, at Avhich Colohel Roberts presided,
showing that, after Mr. Clinton left Albany, Mr. Cuy
ler refused to transport the provisions, assigning the
Avant of money as his reason, or to appoint a Com
missary to deliver them out, if they were transported
by the army; nor would he deliver them at Albany
to any Commissioner or Quarter-master, "though Col.
Roberts promised to be accountable and to produce
the Captains' receipts, insisting, that the letter of
the act required the Commissioners to deliver them
billy to the Captains.
That the council then considering, that the Cap
tains could not find separate store-houses on the

92 Srfiiths Continuation of ihe [Chap. II.
frontiers, nor could their services in scouting parties
enable them to preserve the provisions from waste,
he advised Col. Roberts to impress their provisions,
give a receipt for them, appoint a Commissary to be
recommended by the Coraraissioners to issue thera
out; and that such conduct was, in their opinion, not
inconsistent with the intent of the act of Assembly,
and that, without it, the expedition for guarding the
frontiers would be neglected.
The Governor added, that he thought himself in
the line of his duty in ordering the march ; the coun
cil right in their advice from the great law of neces
sity, and that neither Roberts or Holland were to
blame ; that he could not, therefore, give any orders
for prosecuting them.
He promised to assist in the discovery of embezzle
ments, if any there had been, and for obtaining jus
tice to be done to the colony, and that the provisions
impressed should be accounted for. He urged them
to change the Commissioners for others less inclined
to embarrass the service, obliquely impeaches them ,
for deficiencies of rum ; and, after censuring their
freedoms with persons in his and Doctor Colden's
stations, remarks, that their resolves deserve their
most serious consideration.
The House resolved this answer unsatisfactory ;
that whoever advised or endeavoured to create jeal
ousies and encourage a breach ofthe laws were ene
mies to the constitution ; that they would grant no
more supplies while such notorious abuses were com
mitted ; but that upon proper assurances of redress,
they would grant further aids for the subsistence of
the troops. ^
The Governor alarmed, asked for the sustenance
of the troops, agreeable to their engagements, pro
mising that what had been experienced should not
happen again, and that exact accounts of the con
sumption should be kept and laid before thera ; and
to divert their attention from the last object, made
new requisitions to pay for female scalps ; Smiths
among the Senecas and Onondagas ; arrearages for

1746.] History of New-York. 93
provisions at Oswego, and the repairs of the fort at
Albany. But; unwilling to' prolong the session, they
postponed these considerations, and were prorogued
•on the 6th of December, when thirteen acts received
the Governor's assent. Care was taken to prevent
desertions from the army, to raise the taxes, to main
tain a military watch in Albany, to keep up the mili
tia, provide winter subsistence for the troops, sup
port the civil list for a year, and raise two thousand
two hundred and fifty pounds by lottery for founding
a College, a project early in the eye of the patrons
of the public school, formerly trusted to the care of
Mr. Malcolm, favored by the pupils of that institution
now rising to manhood, and forced by a general spi
rit of emulation on discovering the sundry advantages
our youth had acquired by an academical education
in Great Britain and Ireland, but chiefly at the neigh
bouring Colleges of New England.
The author observed; in the first records of the
colony of New Haven (vulgarly called the Blue-
laAvs*), that this was an object of the very first ad-

,* A note ought not to be suppressed respecting these records, to correct
a voice of misplaced ridicule. Few there are who speak of the blue-laws
(a title of the origin of which, the author was ignorant) who do not imagine
they form a code of rulesfor future conduct, drawn up by an enthusiastic,
precise set of religionists ; aud if the inventions of wits, humorists, and
buffoons were to be credited, they must consist of many large volumes.
The author had the curiosity to resort to them, when the Commissaries
met at-New Haven for adjusting a partition line between New- York and
the Massachusetts in 1767, and a parchment-covered book of demy royal
paper was handed him for the laws asked for, as the only volume in the" of
fice passing under this odd title. It contains the memorials of the first es
tablishment of the colony, which consisted of persons who had wandered
beyond the limits of the old charter of the Massachusetts Bay, and who, as
yet unauthorized by the Crown to set up any civil government in due form
of law, resolved to conduct themselves by the Bible. As a necessary con
sequence, the Judges they chose took up an authority similar to that which
every religious man exercises over his own children and domestics. Hence
tlieir attention to the morals of the people in instances with which the civil
niagrstrate can never intermeddle, under a regular well-policied constitu
tion  becaiise, to preserve liberty, they are cognizable only by parental
authority. The Select Man, iinder the blue-laws, found it his duty to pu
blish every contravention to the decorum enjoined by the bi-oad command
ments of Heaven. The good men and good wives of the new society were
Admonished and fined for liberties daily corrected, but never made criminal
by the laws of large and well-poised communities ; and so far is the com-

94 Smiths Continuation of the [Chap. IL
venturers in that country, long before their charter,
uniting that and the Hartford colony^ -was obtained.
The inhabitants of New Haven (to whose honor be
it mentioned) raised a large sum to begin the institu
tion within five or six years from the date of their In
dian purchase of that town, then called Quinipiack.
It was from this seminary that many of the western
churches in New-York and New-Jersey were after
wards furnished with their English Clergymen. Mr.
Smith who was a tutor and declined the Rector's
chair of Yale College, vacant by the removal of Dr.
Cutler, was the first lay character of it, belonging to
the colony of New-Yoric. Their numbers multiplied
some years afterwards, and especia;lly when, at his
instance, Mr. Philip Livingston, the second proprie
tor of the jnanor of that name, encouraged that
academy by sending several of his sons to it for their
education. '
To the disgrace of our first planters, who beyond
comparison surpassed their eastern neighbours in
opulence, Mr. Delancey, a graduate ofthe University
of Cambridge, and Mr. Smith, were, for many years,
the only academics in this province, except such as
were in holy orders ;' and so late as the period we
are now examining, the author did not recollect above
thirteen more, the youngest of whom had bis bache
lor's degree at the age of seventeen, but two months
before the passing of the above laAv, the first towards
erecting a College in this colony, though at the dis
tance of above one hundred and twenty years after

mon idea of the blue-laws being a collection of rules from being true, that
they are only records of convictions, consonant, in the judgment of the
magistrates, to the wordTof God and dictates of reason. The jprophet,
priest, and king, of this infant colony, was that DavenporJ: vvhq was in such
consideration as to be sent for to the Assembly of Divines at Westminste;-,
•in settling the rehgion of the English and Scotch nations. These remarks
were, by the author, communicated to Mr. Hutchinson of Boston, then one
of the-Cbmmissaries, and toother gentlemen of eminence in the colony
and of the very town of New Haven, who heard them as , novelties,
nor would the former adopt them, till he had recourse, the next day,
to the records themselves. The author speaks only pf those at New
Haven.

1746-47.] History of New-York. 95
its discovery and the settlement of tbe capital by
Dutch progenitors from Amsterdam.*
The Assembly being convened again in the spring
of the next year, Mr. Chnton, in his speech of the
25th of March, observed, that the late provision for
the levies extended only to the 1st of May ; that he
had secured the Six Nations without any charge to the
colony, and had hopes of drawing some of the re
mote savages into an alliance, and for this purpose
he required supplies to be distributed in presents ;
that agreeable to a concert with Mr. Shirley, two
forts were intended to be erected at the portage on
the route to Crown Point, to favor the expedition to
Canada, for which the King's orders were daily ex
pected; that no money being sent from England,
and the Council of this colony and the Commis
sioners from tbe Massachusetts having proposed to
prosecute the expedition at the immediate expense
of tbe colonies, in certain rates there stated, he im
portuned them for their concurrence and proportion ;
and by a raessage he also desired a provision for
scouting parties, to be kept up while the army went
forward on the main design.
Bent upon renewing the hostilities of the last ses-

* The persons alluded to, were —
Messrs. Peter \^an Brugh Livingston, Messrs. William Peartree Smith,
John Livingston, Caleb Smith,
Philip Livingston, Benjamin Woolsey, .
Wilham Livingston, AVilliam Smith, Jun. ^
William Nicoll, John McEvers,
Benjamin Nicoll, John Van Horue.
Hendrick Hansen,
These being then in the morning 6f life, there was no academic but Mr.
Delancey on the bench, or in either of the three brajjches of the Legisla
ture ; and Mr. Smith was the only one at the bar. Commerce engrossed,
the attention of the principal families, and their sons were usually sent from
the writing school to the counting-house, and thence to the West India.
islands — a practice introduced by the persecuted refugees from Fr&hce,
who brought money, arts, and manners, and figured as the chief men in it,
— almost the only merchants in it from the commencement of this century
until the distinction between them and others was lost by death and the
inter-communion of their, posterity by marriage with the children of the
first Dutch stock and the new emigrants from Great Britain and Ireland.
The French Church of New- York contained, before their divisions in
1724, nearly all the French merchants of the capital.

96' Smiths Continuation ofthe [Chap. II.
sion, they did not vote any address, and resolving not
to recede from the declaration that they would not
transport the provisions from Albany, they agreed to
victual their levies for three months, and pay for one
hundred scouts, and only to pay one hundred and fifty
pounds for the expenses of his journey to the intend
ed Indian convention.
The enemy were, at that time, ravaging the fron
tiers and practising most merciless acts of cruelty.
The House to raake a handle of a pathetic petition
presented to them, and for embarrassing arid calum
niating the Governor, asked one hundred men out of
the little array destined to Canada for scouring the
Avoods, offering every private a shilling per day be
yond the pay of the Crown, and iritroducing it with
a recital, that the levies were victualled at a very
great expense, and had been hitherto unemployed ;
and to raise the popular outcry the higher, tjfiey be
sought hira to pass the bill providing for the hundred
rangers to which the Council had consented eight
days before, intimating that they would then do no
thing more, and desiring a recess.
The Governor thought himself compelled, for his
vindication, to inform them, that when last at Albany
he could not engage a man to range the woods un
der the wages bf three shillings per day, with provi
sions besides ; that their offer of one shilling was,
therefore, np motive for their acting in that service,
and if they agreed to it, the House had made no pro
vision for their officers ; that he had engaged the Six
Nations at the sole expense of the Crown, who also
bore all the other charges of the army except provi
sions ; that parties of Indians arid the newlevies had
been employed in divers excursions ; that when the
expedition to Canada was laid aside for the year, he
ordered a camp to be fortified at the carrying place,
that from thence they might intercept parties from
Crown Point, and by collecting magazines there, for
ward the intended services of the present year against
Canada ; that this design was Obstriicted by the late
obstacles respecting the issuing provisions, till the

1747.] , History of New-York. 97
frost compelled them to winter at Saratoga ; that he
had posted a part of the army in the Mohawks' coun
try, others at and beyond Schenectady, three compa
nies at Schaghticoke, four at Half Moon, two at Nis-
kyuna, and others at Albany, leaving a force at Sara
toga — " so that there were garrisons in a line from
east to west, across the northern frontier, in every
place where they could be placed in safety during
the winter season;" that there were other places
where forts ought to have been erected, but that he
could not put that charge upon the Crown, they them-:
selves not thiuking them necessary for their own safe
ty ; that to keep the eneray at home, he had sent out
parties of the Mohawks against their borders ; that
his project of a fort at the carrying place was ap
proved of by Mr. Shirley, and some of the neighbor
ing colonies were willing to contribute to it, if the
Asserably of this colony would set the example, and
when he urged their concurrence he had avoided all
ground for fresh controversy.
He proceeds then to complain of their declining
every necessary expense for the common security,
and of their disrespectful behaviour Avhich obliged
him:, as he says, ^' from that common justice which
every man owes to himself, to speak out some things
which otherAvise I should have thought proper to con
ceal." .
That the principal traders and richest men in Al
bany do not wish well to an expedition against Ca
nada, from an attachment to a trade with that coun
try, engrossed by a few, and Avhich he had effectually
obstructed.* To this he ascribes his difficulties with the Indians,
and a message from the Governor of Canada per
suading the savages to a neutrality, and promising

* The keenness of this insinuation will escape the reader's attention , un
less he recollects the representation drawn up by Mr. Colden and others,
in Governor Burnet's administration, against a petition promoted by Mr.
DeVfincey's father, who derived great advantages by the Indian trade
through Lake Champlain, and was, therefor?; in opposition to the new
trading house at Oswego. 13

98 Smiths Continuation of the [Chap. II.
from his pity of their brethren at Albany to turn his
Indians on their raost inveterate eneraies of Ne^
England. He then rerainds them, that before the late negro
plot information Avas given of Popish emissaries, and
that he suspects them among us, working upon raen of
wrong heads, violent passions, and desperate for
tunes, as had been the case in the late Scotch re
bellion. He shows the danger of false insinuations to raise
jealousies among the people of their rulers and Go-
A'ernors ; asks, with Avhat truth it can be said the new
levies have been hitherto unemployed, and suggestions
publicly hinted of his neglect ofduty.? and promises an
answer to their, request for a recess, when he knows
their resolution to take care of the colony.
They formed themselves into a committee of the
whole House, and agreed upon another representa
tion. To give them time to cool, he adjourned them
from the 2d to the 19th of May, but with what suc
cess the reader will determine, after he reads the
following abstract of the long answer of seven folio
pages and a half in print, then. reported by a commit
tee consisting of Messrs. David Clarkson, Cornelius
Van Home, Paul Richard, Henry Cruger, Frederick
Philipse, John Thomas, Lewis Morris, David Pierson,
and William Nicoll. It was read, engrossed, and pre
sented the same afternoon, - Avith a request for leave
to adjourn.
They disown any intention to offend by the request
for employing the ncAv levies for rangers, to which
they were excited by information that they were wil
ling to serve Avith an allowance beyond the King's
pay of nine-pence or one shilling per day ; by as
serting that they were unemployed, was only meant
that they were not then on the expedition to Canada,
and that they might have been on short scouts with
out any injury to the service; that they were aaxII
apprised of the importance of the Indian alhance ;
that, therefore, they had put one thousand pounds in
his hands in 1745 for presents, though he had then

1747.] History of New-York. 99
money, before voted for that purpose ; that those In
dians had, as yet, done nothing agreeable to their as
surances of their engaging in the war if further de
predations were made.
That they consider the King's order to raake pre
sents as an intiraation that the charge ought not to
fall on the colony ; that he went to Albany last sum
mer at their expense, but what he gave the Indians
they know not ; that the Crown was also, doubtless,
at other great charges, which turned orit to the pri
vate interest of some individuals; i
They think their loyalty very manifest since his ar
rival, and suppose him well convinced of it ; he spoke
well ofthe people in his first speech, but the change
of his opinion obliged them to remind hira that they
gave hira one thousand pounds as an earnest of their
respect for him ; have raised as much for his support
as for any of his predecessors, and built a noble edifice
for his residence on his own plan ; had paid his house-
rent while the house was constructing.
They recollect the burning of Saratoga, Novem
ber 1745, and hint, that if the independent compa
nies had not been drawn from, that post, this destruc
tion would not have happened.
That money was given for a fort at the carrying-
place according to his own design, which was never
theless applied to re-building that at Saratoga ; that
they contributed a part of the militia to garrison it;
that then a line of block-houses was recommended
from New England to the Mohawks' castle ; they had
provided for this scheme, and the money laid out in
detachments of the militia posted by his order on the
frontierst They declared their willingness to contri
bute to two forts at the carrying-place, and seem to
doubt his declaration that any other colonies will
bear a part of this burden. They declare, that no
body acquainted with the climate could be surprised
at the disappointment of the attempt to fortify a camp
at the time he fixed upon for tha.t work. They assert,
that the money raised for the expedition is nearly ex
pended by the nine pounds bounty per man, the vie-

100 Smiths Continuation of the [Chap. U.
tualling of sixteen companies, one hundred men each,
and other military purposes. These they think proofs
of their care for themselves, and do not forget their
gift for the Cape Breton expedition, with the further
expense of transporting ten cannon, their carriages,
&c.' • ' '
They conceived that their advancements have
been unskilfully laid out, for want of an engineer, and
lament the delay of the person expected.
Respecting the scheme of coramissioners foi" a joint
prosecution of the war with the other colonies, they
mention their having provided for it, and add, " how
it has happened that nothing has been done upon
that commission, is only to be conjectured." They
censure the late negotiations at Albany, towards
erecting two forts at the carrying-place and attack
ing Crown Point, with the assistance of only three of
the Council, while there Were six gentlemen in com
mission for that purpose, and no other governraent
had coraraissioners there but Massachusetts Bay.
They declared that they had not confidence in the
success ofthe expedition, and chose to wait till expe
rienced officers, daily expected, arrived from Eng
land. They confessed, that ever since he had placed
his confidence in a person obnoxious to and censured
by that House, the public affairs had been perplexed,
and not attended to with that steadiness and good
conduct Avhich their importance required, and did
appear in the measures pursued before he bore so
great a part in his councils.
To him they imputed; certain late speeches and
messages, and the interruption ofthe pubHc harmony ;
denied that the traders of Albany wished ill to the
Canada expedition, and charged the insinua;tion to
the inveterate prejudices of his minister, who had
grossly calumniated the distressed inhabitants of Al
bany, and abused his confidence.
That part of his message' descriptive of the prac
tices of Popish emissaries, they applied to another
person then in his favor,* who was bred a Protestant,
* John Henry Lidius, whose father was a Dutch Minister at Albanv,

1747.] History of New-York. 101
resided several years in Canada, married a woman
there of the Romish Church, after having first abjur
ed his religion, alleging that he was a person of des
perate fortunes. To his intrigues and falsehoods
they imputed the unfavorable temper of the Indians,
and to Popish emissaries the perplexities of his ad
ministration. They then assert it to be reported, that two-thirds
ofthe India'n presents in 1745 wore embezzled; and
that -the French and Spanish prisoners were sold,
under color of his authority, to owners and captains
of flags of truce, at a pistole a head ; and these things
they affect to mention as with a design to give him
an opportunity to punish the delinquents.
They hoped that, from the whole they have evin
ced, they have had a due care not only of their own,
but his honor and interest.
Mr. Clinton coraraanded an adjoumment for a fcAV
days, and contented himself only with a threat of
complaining to the King, and a remark, which eVery
body else had made without doors, that this violent
and acrimonious composition was not two hours be
fore the House ; so that the engrossed copy sent to
the Governor, must have been prepared before the
draft was brought in by the comraittee.
It has been before observed, that this petty army,
raised upon the Duke of Newcastle's letter ofthe 9th
of April, 1746, was to be paid by the crown. Hitherto
Mr. Clinton had drawn bills to raise money for that
purpose; and whether because the design seemed
to be neglected at home, and he really apprehended
the non-payment of his bills, or sought an occasion to
embarrass the Assembly, he gave them intimatiorts
that the troops threatened to disband for want of pay;
and he exacted their indemnity of his estate against
the. protest of his bills, or their providing money to
keep the army together.
The projector of this device certainly could not
reasonably hope to draw any other advantage from
it, than a demonstration to government that Mr. Clin
ton's drafts, which already amounted to nine thousand

102 Smiths Continuation of the [Chap. II.
pounds, and for which he had the advice of his Coun
cil, were absolutely necessary ; and that end it did
serve, and that only; for the House absolutely refus
ed to counter-secure hira, declaring that his drafts
were necessary to prevent the total desertion of the
levies, and that his refusal to continue drawing would
imply distrust of the King, and render himself an
swerable for the levies and estates of his subjects.
From the 4th of June, they only met and adjourned
to the 4th day of August, when he called upon them
to join with Massachusetts Bay and Connecticut in
the attack of Crown Point, aided by as many Indians,
of whose teraper he spoke favorably as to their being
animated to action.
But they laid hold of the objections, that as no
estimate was found of the Avhole expense, nor the
quotas ofthe respective colonies ascertained, they re
fused to concur till these preliminaries were settled.
Mr. Chnton continued his drafts for the army, till
the languor of adrainistration exhausted his hopes of
any co-operation from that side of the water ; and on
the 31st of August, when he flatly refused any longer
to victual the four independent corapanies and south
ern levies, or to expend money upon the Indians, or
transport provisions to Saratoga, he urged them to
take those expenses upon themselves, for two months;
till when he hoped td draw the other colonies into
sorae .contribution, and to be better informed of his
Majesty's intentions. He also notified them that Os-
Avego was in danger; Colonel JohnsOn, the contractor
for the supply of that garrison, requiring guards to
convoy the provisions, a late incursion of the eneray
upon the German Flats in that route having doubled
the expense of transportation.
On which the House resolved, that the provisions
of the independent companies ought not to be a
charge either to the crown Orthe colony, while post
ed at Albany, they having always subsisted them
selves out of their own pay, except when, at OsvPego
or the outpOsts; when there, Were and should be
supplied by the colony : that the southern Colonies

1 747.] History of New- York. 103
ought to subsist their own forces; that having the
King's orders to make advancement to cultivate the
friendship of the Indians, it is his duty to continue
them till the contrary be signified by the crown ; that
his bills for transporting provisions to Saratoga being
paid, that expense ought to be forborne ; that Colo
nel Johnson cannot ask an additional allowance, the
Governor having importuned them on the 2d of De
cember, 1746, that the Colonel had contracted
against all events; «but to protect the county of Al
bany, they agreed. to provide for one hundred and
fifty rangers, to be formed in three companies, and
kept up for fifty days.
The prospect of the desertion of the fort of Sara
toga, by the New-Jersey. troops posted there, for want
of provisions, however filled every man with terror ;
and after a call ofthe House, they requested the Go
vernor either to send a part of the New- York levies
there, or, if his powers over them were determined, a
detachment from the independent fusileers, for whom
they in that case promised supplies of provisions.
He repeated his declarations, that he would no
longer. disburse money at the charge of the crown;
and they, their instances for tbe preservation of Sa
ratoga. Holding up the consequence oftheir refusal
to secure the Indian interest and guard the frontiers,
the Governor adds, " If you deny rae the necessary
supplies, all my endeavors must become ineflfectual
and fruitless : I must wash my own hands, and leave
at your doors the blood of the innocent people that
may be shed by a cruel and merciless enemy."
On the 17 th of September they were adjourned to
the 22d ; only two bills being then passed, there was
another adjournment to the 29th, and again to the
Sth of October. These provoked to a resolve, that
to him were to be ascribed the delays in providing
for the defence of the frontier; and that a remon
strance be presented on the condition of the colony,
to be prepared by Messrs. Clarkson, Van Horne,
Richard, Cruger, Philipse, Thomas, Jones, and Cor
nel. Before the draft was reported, the Governor,

104 Smiths Continuation ofthe [Chap. IL
by a message ofthe 6th of October, laid before them
a compact of their own commissioners with others
from Massachusetts Bay and Connecticut
These gentlemen had so concerted matters, as to
cast the burden of raaintaining the Indian alliance
entirely upon the crown, though Mr. Clinton had im
portuned them to make that and the erection efforts
subjects of contract. The message, therefore, warns
them of the necessity of an immediate attention to
these objects, as well as those for which the contract
ing colonies were to provide ; and to show them the
expectations of the Indians, he communicated a copy
of the conferences he held with some of their chiefe
on the 26th of September lait, with Colonel Johnson's
report to a committee of the Council on the 3d of
October. This was soon followed with resolves to execute
their part of the plan concerted by the commission
ers ; to provide for the defence of the northern fron
tier, and for presents for the Indian sachems then in
town ; that eight hundred pounds be devoted to sup
ply the Governor's failure to support the Indian in
terest, though he had made large drafts for that pur
pose, and of which they had heard of no disposition;
that the usual provision be made for Oswego; that
they would bear their proportion of the expense to
wards erecting forts in the Indian cantons, as asylums
to their wives and children, while their warriors were
abroad ; that they will take a part of the army for the
security of the frontiers into pay, as soon as they are
advised of their being discharged by the crown ; that
they would Victual the garrison of Saratoga, and
transport the provisions wanted there ; and the mes
senger sent with a copy of these resolves, was also to
request information whether any, and what number
of, troops was ordered to Saratoga.
The answer of that day was so extraordinary, that
the author cannot help transcribing it
" By your votes, I understand you are going upon
things very foreign to what 1 recommended to you.
I will receive nothing from you at this critical junc-

1747.] History of New-York. IQli
ture, but what relates to the message I last sent you;
A'iz. by all means immediately to take the preserva
tion of your frontiers and the fidelity of the Indians
into consideration. The loss of a day may have fatal
consequences. When that is over, you may have
time to go upon any other matters." ;. ,
They then resolved it to be their undoubted right
to proceed in such order as : they conceived raost
conducive to the interest of their constituents ; that
the atterapt to prescribe to them, Avas a manifest
breach of the rights and privileges of that House and
of the people; that the Governor's declaration was
irregular, unprecedented, and manifestly tended to
the subversion of their rights, liberties, arid privi
leges ; and thati, his adviser had attempted to under
mine and infringe them, violate the liberties of the
people, subvert the constitution of the colony, and
vfdiS an enemy to its inhabitants.
.The next day, 9th;of October, Mr. Clarkson brought
in the remonstrance, to which the House, immediate
ly after reading it, ordered their speaker to set his
name. They sent to the Governor that morning by
seven members,* who reported that he would neither.
hear it read, nor suffer it to be left with him.
; While they were in suspense upon the next step to
betaken, he sent them a message on the 13th of Oc
tober. That he was pleased with their approbation ofthe
scheme concerted by the commissioners of the three
colonies, so nearly agreeing with that he had planned >
m October last, with Governor Shirley and Commo
dore Warren. i
That'he was also pleased that his Council, before
the commissioners met, had approved of his proposal
concerning, the erection of two forts at the carrying-
place, and had made it an instruction to their com
missioners to effect it at the charge ofthe colonies.

* Mr. Clarkson,: Colonel Philipse, Mi% Thomas, Mr. Cruger, Colonel
Beekraan> Colonel Chambers, and Colpnel Lptt. .
14

106 Smiths Continuation ofthe [Chap. IL
He observes, in an air of triumph, that when he had
before urged these things, they were to have been
executed at the expense of the crown ; and that now
they became a colony charge, through the obstruc
tions he had met with by their clogs on the transpor*
tation of provisions to the army.
He then proceeds to refute the insinuation, that
the money raised by his drafts for Indian expenses
Avas not expended; recounts the Indian services;
alleges that last year he could not get twenty of them
on a scout, but that now Colonel Johnson could col
lect a thousand of them for service ; that this gentle
man had detached many of them from the French;
that their object iri the denial of mOney for these ser
vices, was to wrest the prerogative of making treaties
from the crown, and to place it in the hands of popu
lar agents of their own appointing. He accuses them
also with a design to share in the military authority
ofthe Executive-; declares he will not consent to it;
avers that Saratoga was burnt, and afterwards aban
doned, by their negligence of his requisitions. He
then attempts to justify his message to confine them
to what he had recoraraended for the care and pre
servation of the colony ; calls their late votes to shut
their door, a farce, unless it was designed to exclude
his messages ; and if so, in that case he pronounced
it a high insult on the King's authority, and the with
drawing their allegiance for a time.
He denied their authority to act as an Assembly,
except by virtue of the royal commission and instruc
tions, alterable at the King's pleasure. After which
he thus expressed himself: " You seem to place it
upon the same foundation with the House of Com
mons of Great Britain, and if I mistake not, by the
resolves of the 9th of this month, assume all the pri
vileges and rights ofthe House of Commons of Great
Britain. If so, you assume a right to be a branch of
the legislature of the kingdom, and deny your depen
dence and subjection on the crown and parliament
If you have not the rights of the House of Commons
of Great Britain, then the giver of the authority by

1 747.] History of New- York. 1 07
which you act, has or can put bounds or limitations
upon your rights and privileges, and alter them at
pleasure, and has a poAver to restrain you Avhen you
endeavor to transgress. And I must now tell you, that
I have his Majesty's express comraands not to suffer
you to bring some matters into your House, or to de
bate upon them ; and for that reason, the custom has
been long established of the Clerk of your House to
show every day to the Governor, the minutes of the
proceedings of your House : and it is undutiful beha
viour to keep any thing secret from rae, that is under
your consideration. In short, gentlemen, I must like
wise tell you, that every branch of the legislature of
this province, and all of them together, may be crimi
nal in the eye of the law ; and there is a power able
to punish you, and that will punish you, if you pro
voke that power to do it by your misbehaviour;
otherwise you must think yourselves independent of
the crown of GrCat Britain."
He then complained of the late method of serving
him, by merabers, with copies of their resolutions, as
ill-mannerly and unconstitutional; and then adds —
" This leads me to consider a most indiscreet beha
viour of some ofthe members of your House, who, in
a quarter of an hour after I was served with a cofiy
of your resolves of the 9th instant, carae intO an
apartment of my house, Avhere I Avas busy, and, with
out the least previous notice, one of them offered to
read a large bundle of papers, which, he said, was a
remonstrance from the House. Does not every pri
vate man in this country think his oAvn house his cas
tle ^ And raust your Governor, when in his private
apartraent, be thus intruded upon } Would any pri
vate man bear such behaviour in a stranger ; and
must your Governor bear it Avith patience } I think,
therefore, from such behaviour, without any other, I
had too much reason to refuse to receive it, or to
suffer it to be left with me : and from some past re
presentations which have been openly made by your
House,! never will hereafter receive any thing from
your House in public, the contents of Avhich are not

108 Smiths Continuation ofthe [Chap. IL
previously comraunicated to rae in private, that I may
judge whether it be necessary for his Majesty's ser
vice and the public good, to give access to me for
that purpose."
He charged their omission to acquaint him of their
first meeting, to design ; their resolves against his
late adjournments and prorogations, as encroach
ments upon the prerogative ; — taxes them with un
reasonable precipitation in adopting drafts of repre
sentations, as marks of their being led by a spirit of
faction; Avith an atterapt to defame him, and with
asserting known falsehoods.
To oppose the malignant imputation of his embez
zlement of the Indian presents, he states all his re
ceipts at but eighteen hundred pounds currency ;
and urges to show the reduction of it before the goods
were delivered, the necessary expenditures for main
taining such vast numbers at Albany, private gifts to
particular sachems, a sum to the Senecas for a re
lease of their claim to Oswego, the transportation of
the Indians in waggons from and to Schenectady, and
provisions for their return.
He insisted that, if they had any suspicions of waste,
they ought to have asked information, or complained
to the King.
He denied that they Avere moved by any zeal for
their country in this attack ; remarks that, though they
have put sixty thousand pounds into the hands of
their relations and friends, no accounts are as yet
exacted. He ascribed their attacks on his friends and assist
ants to malice; and declares that he will withdraw the
independent fusileers from Albany, :unless they will
supply them with provisions as they do others ; de
sires them to reflect whether their conduct is not
owing either to a firm principle of disloyalty fpr de
livering up the country to the King's enemies, or to
support a neutrality with Canada, as in Queen Anne's
reign, to the prejudice of the other colonies, or to
overturn the constitution; or, lastly, to gratify the

1 747.] History of New- York. 1 09
malice of a few, known to have a share in their pri
vate consultations.
He concluded with renewing his demands for se
curing the frontiers and the fidelity of the Indians ;
and, to prevent delays, informs them that he will not
assent to any bill for issuing the public money, but as
his commission and instructions direct, or to limit or
clog the prerogative respecting the disposition ofthe
troops. " If you make any thing," says he, " contrary
to his Majesty's commission or, instructions, a condi
tion of your granting the necessary supplies for the
safety of the people of this province, I now tell you,
that it will be trifling with the lives and estates of
your constituents, by exposing them, in this time of
danger, without policy, for I never will yield to it."
It was agreed by the coramissioners, that gun
smiths should be sent to each of the six cantons, ex
cept the Mohawks and Tuscaroras, with goods to the
value of three hundred pounds, for presents ; and, as
the season advanced, the Assembly signified (15th
October) to the Crovemor their willingness to ad
vance the money on the credit of the confederate
colonies, that he might forward this service before
winter. But he put them in mind the next day of
other provisions equally urgent, especially as he in
formed them on the 19th, that the King had laid aside
the expedition against Canada, and ordered the
troops to be discharged, except such as were neces
sary for the defence of Nova Scotia ; and that, by his
Majesty's comraand, he was to recommend it to them
to pay their own levies, and trust to a parliamentary
reimburseraent. The privates had been paid up by the Governor
to the 24th of July last, and two months' pay given
to the subalterns.
He renewed his desire for taking them, or a part
of them, into the service of three colonies; and they
immediately voted to pay half of their levies, or eight
hundred men, to the first of August, leaving it to the
rest of the colonies to act at their pleasure : but they
declined the discharge of the arrears, assigning their

110 Smiths Continuation of the [Chap. IL
poverty and distresses for their disappointment of the
royal expectations.
On the 24th of October, the Governor thought pro
per, by a written order Under his hand, to forbid
James Parker, who usually printed the journals of
the House, to publish the Assembly's remonstrance,
which provoked Mr. Clarkson to relate, and the rest
ofthe committee to confirm, the history of what pass
ed at the offer of it to the Governor. That they
knocked at the outward door, and told the servant
vi'ho attended, that they had a message. That after
retiring to an inner room, he came out, followed by a
^eritleman, and showed them into it, where they found
the Governor, who expressed no displeasure. They
informed him that they came as a committee of the
Assembly with a remonstrance, and Mr. Clarkson
offered to read it, which the Governor would not per
mit, nor suffer it to be left;, on which they decently
withdrew, Mr. Clinton only intimating, that this pro
ceeding without the speaker was not parliamentary.
Upon this, Parker was ordered to attend, and having
produced the Governor's prohibition, a copy of which
he had published in his Gazette, they resolved that
the attempt to prevent the publication of their pro-
. ceedings, was a violation of the rights and liberties
of the people, and an infringement oftheir privileges ;
that the remonstrance was a regular proceeding j
that the Governor's order was unwarrantable, arbi
trary, and illegal, a violation of their privileges, and
of the liberty of the press, and tending to the utter
subversion of all the rights and liberties of the co
lony; and that the speaker's order for printing the
remonstrance Avas regular, and consistent with his
duty. That the reader may form his own judgment of it,
Ave here give him a succinct analysis of its principal
parts. It professes their design to open to him the state
of the colony.
They conceive that his late messages reflect upon
their conduct • and that his prorogation of the 2gth

1 747.] History of New- York. 1 1 1
of September and adjournment of the Sth of Octo
ber, were designed to prevent their vindication of
theraselves. Bewailing the alteration of temper and
sentiments in the several branches of the Legislature,
they proceed to its causes.
Their proceedings discover that there was perfect
harmony on the 6th June 1746, when the King's plea
sure for an expedition to Canada was announced-^all
conspired with one heart to promote the service, and
his speeches and messages were clear, express, and
intelligible ; but ever since he had put his confidence
in the person who styles himself, « the next in ad
ministration," arts have been used to distract and
divide. They esteemed his falling into the hands of a man
so obnoxious, aiming at nothing but his own interest,
a great misfortune to the country.
To prove their suggestions, they proceed to a his
tory of their late intercourse.
On the 9th and 1 1th of September they had impor
tuned him to keep up a garrison at Saratoga, and
agreed not only to supply but transport provisions to it.
On the 16th, they voted for the preservation of Oswe
go, and to consider, (though he had taken all risks
upon himself) of Colonel Johnson's demands for sub
sistence, if by unforeseen accidents he was likely to
suffer. To the Governor's assertion, that they were ac
quainted with the temper of the Indians before his
treaty of last year, they answer with a denial of any
such knowledge, on account of the secresy he had
affected respecting Indian affairs, which he had di
verted from their ancient channel by taking the bu
siness out of the hands of the Commissioners, and to
this they assign their present perplexity and dis
traction. They admit the reluctance of the Indians to en
gage in the war; and for removing aspersions observe,
that the Coghnawagas, in Canada, are related to the
Six Nations ; that they were, therefore, inclined to a
neutrality, and the rather as they had declared, be-

112 Smiths Continuation of the [Chap. IL
cause their wars end only in extirpation; and they
avow the opinion, that such a neutrality would have
been most advantageous to the public.
Against his boasting of their utility, they deny that
there has been any conflict between ours and the
French Indians, or that they had brought in more
than three French scalps and some prisoners; and
impute his magnifying the late treaties, to a design to
countenance his drafts on the crown for Indian pre
sents, some of which drafts they suggest as being
made the last summer, Avhen no gifts were made, and
that therefore he had a considerable sum in bank on
that score.
They dispute his professions of zeal for the wel
fare of the country; charge the blood spilled at Sa
ratoga in 1745, to his withdrawing the garrison from
that post; blame him for not ordering the new levies
at Albany, to go up and assist the farmers in the vi
cinity of that village to gather in their harvest ; call
ing in the troops from the frontiers to Albany, and
then posting them on the opposite side of the river/
where they could more easily desert ; for not send
ing out the one hundred and fifty rangers they had
raised ; for injustice and unfairness in his agents, re
specting the' musters ofthe army, " a raatter," as they
assert, " worthy of tbe most strict inquiry." •
They then charge hira with contemptuous speeches,
both of them and their constituents, " from a very
early time of his adrainistration, in terms so opprobri
ous as are not fit to be published ;" and, to vindicate
themselves from the charge of neglecting the general
interest of the colonies, they recite his requisitions,
their corapliarices, and his obstacles to their further
designs, by adjournments and prorogations. '
In the close, they aver that, sinCe the war, the co
lony had expended near seventy thousand pounds ;
ano, as a caution against the advice of managing an
Assembly by harassing them with adjournments, they
declare^ " that no , inconveniences will diA'ert them
from, or induce them to abandon, the interests' of
their country."

1747.] History of New-York. 113
Mr. Clinton alarmed the House by a message, re
quiring supplies for detachments he purposed to
make from the militia, for the defence ofthe frontiers.
As nothing could be raore disgusting to the multitude
than a call to services of that kind, the House dread
ed their rage, and the comraittee to whom the raes
sage was referred, reported their surprise at this
requisition ; and, considering the intimation of the
King's orders to discharge the array, and their late
vote to take eight hundred men into pay, for the. de
fence of the frontiers, declared their opinion, that
whilst his Excellency was governed by such unsteady
councils, his messages were continually varying and
ambiguously penned, and that they were embarrass
ed with difficulties in providing for the public safety.
The Governor, says the entry of the day, in the
copy brought by their Clerk, (for they did not, on
this occasion, pursue their late practice of sending
it by their members,) and by another message of
the 2d of NoA'^ember, reproaches them with refus
ing to give the King credit for the array's arrears of
pay, till provision could be raade by Parliaraent ; and
though they had voted to take eight hundred raen of
these levies into service, yet have you not, says he,
by your speaker, coramunicated to me as terms of
that vote, that there be a reduction of one half of the
pay of the officers ; which no raan deserving trust
will accept, it being below the earnings of tradesmen
and the wages of laborers. Will any raan be retained
but on the footing on which he was enlisted .'' Having
no hope of engaging raen upon these terms, he saw
no way of saving the country without the aid of the
militia; and charged their affectation of surprise to
a desire of exciting the disobedience of the militia.
" And for Avhat other purpose," says he, '^are the re
flections of unsteady councils, continually varying,
&c. throAvn out at this time.? Certainly councils must
vary, as the events on which they are founded do.
You only have given occasion to any variation in my
councils." 15^

114 Smiths Continuation ofthe [Chap. IL
In the reply, they confess that he had proposed to
retain both officers and privates in the British pay ;
that on the Speaker's objecting as to the officers, the
Governor then expressed doubts of their success,
but promised that he would do all he could for the
service of the colony, when he had fixed, with Mr.
Shirley and Mr. Knowles, a time for the dismission of
the army. They therefore repeat their surprise at
the requisition for supplies to detachments of the mi
litia, before the result of his consultations respecting
the day of general discharge was published; and
think this a justification oftheir late answer of insta
bility, and a proof " that it was neither his intention
nor inclination that these forces should be received
into the pay of the colony, but rather that, through
want of clothing, and other hardships, they should be
driven to the necessity of desertion, that the frontiers
being by that means left defenceless, he raight be
furnished with a plausible pretence (in order to ha
rass the poor people of this colony, for whom he con
tinually expresses so great concern) to make detach
ments from the militia for the defence thereof They
conclude, that any furtber expectation of having the
new levies continued on the frontiers, will be vain ;"
and immediately voted for raising eight hundred
other volunteers. They requested him to issue war
rants, and to take all the proper measures to expe
dite the enlistments, and to pass a bill, then ready,
for forming a magazine of provisions at Albany.
The Governor refused to see the raessengers, or
receive a copy of the vote, without the speaker.
Upon this, they compelled the printer to publish
their remonstrance, and deliver ten copies to each
member; and presented an address in form, implor
ing him to pass the bill for provisions, before the win
ter rendered it impracticable to transport thera to
Albany. It was. now the 13th of November. He gave
thera this answer :
That he took blame to himself for passing two bills
of that nature. He had urged the necessity of the
service in his excuse, and he would venture once

1 747.] History of Neic- York. 1 1 3
more; but warned them, in their bill for paying the
forces, to insert no clauses derogatory to the prero
gative, but to guard against misapplications and era-
bez^leraents. He added a demand of provisions for
the independent corapanies at Albany, who, for want.
of supplies, were upon the point of deserting.
On the 25th of November he passed the provision
bill ; another for a new tax of twenty-eight thousand
pounds, for the defence of the frontiers, with two
others of lesser moment ; and then delivering his
raind in a free speech, he dissolved the Asserably.
We shall neither abstract this, nor a coraposition
published in answer to it, under the title of " A Let
ter to the Governor," from some of the members, as
they lead to a repetition ofthe history of transactions,
which have perhaps already exhausted the patience
of the reader.
They are both in the printed journals ofthe House, -
and are further specimens of the scribbling talents of
Doctor Colden and Mr. Horsmanden, the latter hav
ing held the pen for the Assembly, or rather for Mr.
Delancey, for which he was suspended from the
Council, and removed frorn that bench and the Re
corder's place, and cast upon the private bounty of
the party by whom he was employed, applauded, and
ruined: for such was his condition, until he raised
himself by an advantageous match, and, by forsaking
his associates, reconciled himself to Mr. Clinton,
when that Governor broke with the man, whose in
discretion and vehemence the Chief Justice had im
proved, to expose both to the general odium of the
colony. Until his marriage with Mrs. Vesey, Mr.
Horsmanden was an object of pity ;• toasted, indeed,
as the man who dared lo be honest in the worst of
times, but at a loss for his meals, and, by the impor
tunity of his creditors, hourly exposed to the horrors
of a jail: and hence his irreconcilable enmity to
Doctor Colden, by whose advice he fell, and to Mr.
Delancey, whose ambitious poUtics exposed him to
the vengeance of that minister.

116 Smiths Continuation of the [Chap.-U,
Mr. Clinton could not hope for any change of mea
sures by the late dissolution. He saAv Mr. Jones
again speaker of the House, and all the chief leaders
of the last carae up to the Assembly, on the 12th of
February, 1748.
The first object was the execution of the plan
agreed on by the commissioners, 28th of Septem^ber
last, approved by Connecticut, and all _but the
eleventh article, by Massachusetts Bay, with some
alterations : then he called their attention to the In
dian interest, and the eraploying parties frora these
tribes io scour the Avoods ; to the civil list not pro
vided for last fall ; an augmentation of Colonel John
son's allowance for provisions to the garrison of Os
wego; repairs of forts, and supplies of ammunition;
rewards for scalps ; the maintenance of prisoners ;
the charges of transporting and victualling the levies
on the frontiers ; the removal of the cannon from Sa
ratoga to Albany; necessary expresses; gunsmiths
in the Indian countries ; the rent of his house ; com
pleting the new mansion in the Fort, stables, and
other conveniences; and after persuading to har
mony, promises his concurrence in all raeasures con
ducive to the King's service and the interests of the
colony. He had a very short address from the House, inti
mating their satisfaction in his promises, as ends truly
Avorthy his pursuit; promising attention and despatch,
but expressing sorae discontent with Massachusetts
Bay, for not ratifying the compact framed by the
coraraissioners. The Governor inforraed thera of intelligence that
preparations were makmg in Canada for an attack on
the northern parts of this colony; and hoped, as Mas.T
sachusetts had substantially concurred, their altera
tions in the compact would be no obstacle to our
exertions against the enemy. But they immediately
after voted, that the alterations would in a great mea
sure defeat the end proposed, and that they would
not agree to them.

1748.] ' History of New-York. 117
He then communicated a letter from the Duke of
Newcastle, directing measures for cultivating the In
dian fidelity, at the expense of the crown ; and ad
vised their improving this juncture for concerting
sorae vigorous enterprise, in conjunction with the
other colonies, against the common eriemy.
, On the 19th of March, and when no cross incident
had as yet intervened, the House adopted thie mea
sure, so often recommended, of appointing an agent
in Great Britain. They voted two hundred pounds
for this purpose, among the other provisions in the
annual bill for the civil list ; and, to facilitate the de
sign, introduced the vote for an agent to apply for
his Majesty's assistance and to manage our public
affairs, with the following preamble : "As this colony
is so situated, that its northern frontiers are a barrier
and defence to all his Majesty's other colonies to the
southward on the continent, and lying nearest to the
enemy, is Continually exposed to their incursions and
ravages ; to prevent which, it has long been, and still
is, exposed to a very great and insupportable ex
pense, in building fortresses and maintaining forces
for its defence, being at this juncture obliged to keep
nearly one thousand men in continual pay on its
northern frontiers, by which means the southern co
lonies are in a great measure secured and defended
from the incursions of the French and Indians frora
Canada, without contributing any thing towards the
heavy expense thereby occasioned."
• The real design of this, was to elude the necessity
of the Governor's concurrence in a legislative ap
pointraent of the person, and to engross the agent by
his dependence solely on the pleasure of the House,
for they raeant to make him their own servant against
the Governor; and the sequel will show their success.
Mr. Clinton repeated his instances, on the .30th of
March, for a united attack upon the enemy, as con
ducive to our own safety; the recall oftheir emissa
ries from the Indians, with whom they were intriguing;
arid to encourage the Asserably, engaged at the ex
pense of the crown, to keep any fort they might take.

118 Smiths Continuation of the [Chap. IL
But he could only procure a vote approving the de
sign, and promising to pay the expense of corarais
sioners in raeeting to concert a plan ; and a few days
afterwards the session ended, with apparent barraony,
several bills having been previously passed, viz. : for
a railitary watch ; building block-houses ; the defence
of the frontiers; raising eighteen hundred pounds
more for a college ; and the payment of the salaries
of the Governor and other officers for a year ; to
which the Assembly had also tacked a reward of one
hundred and fifty pounds to Mr. Horsmanden, for his
late controversial labors, under the pretext of draft
ing their bills, and other public service. But as it
might have been, and perhaps was foreseen, the
House, just before they were called up to witness the
Governor's assent and subscription, named Robert
Charles, Esq. for their agent at the Court pf Great
Britain, and authorized their speaker to instruct and
correspond with him, and at present to direct him to
oppose the royal confirmation of a late act in New-
Jersey, respecting the line of partition, conceived to
be injurious to this province.
Mr. Charles's appointment gave the highest plea
sure to the party who led the opposition against the
Governor, and not without reason ; Mr. Warren's ac
tivity at Louisburgh having procured him not Only an
interest at court and a knighthood, but vast popular
applause, and excited his hopes of procuring, what
his wife's relations of the Delancey family ardently
Avished for, his appointment to the government of this
colony. The Newcastle interest in favor of the pos
sessor, had hitherto rendered the colony politics un
successful, and there was a necessity for sorae pointed
exertions against hira by an agent at court, to ira-
prove and give them success. They now had this
advantage ; and on the very day Mr. Charles was no
minated, Mr. Speaker Jones despatched a letter to
him, which, as it exceeded the authority given him
by the vote of the Houses gives some countenance to
Mr. Clinton's assertions, Avhich every one knew to be

1748.] History of New-York. 119
true, that the late Assembly had been influenced
from without dOors.*
The Governor arid his Assembly came together
again on the 21st of June, when he informed the
House, that unless the Indians could be engaged in
some enterprise, he feared their total defection, and
pressed the attack on Crown Point. He purposed to
meet them and distribute presents in July, at the ex
pense of the crown ; and proposed an act to prevent
purchases from the Indians, of arms, araraunition, and
clothing, 3^nd sales of rura to thera, without his license.
He asks money for new fortifications, according to the
plans of Captain Armstrong, an engineer sent out io
direct in that business ; recommends the defence of
their commerce against privateers then infesting the
coast; provision for maintaining French prisoners,
and the redemption of our own people, and rewards
for scalps.

*The vote was this:— , " Qth April, \'t-^.
"Okdpred, — That the speaker of this House for the time being, do
hold and correspond with Robert Charles, Esq. agent for this colony in
Great Britain ; and that he do from time to time sign and transmit to the
s^id agent, such instructions, directions, and representations, as shall be
judged proper to be sent to him for his conduct."
Mr. Jones's letter is in these words : —
"¦<¦ J^ew-York, Qlh April, 1748.
" Sir, — Til consequence of a recommendation of Sir Peter Warren, you
are appointed agent for thiscolonyj with a salary of two hundred pounds
per annum, New- York currency, for transacting the public affairs thereof
in Great Britain. You are to pursue all such instructions as shall from
time to time be sent you, sigTied by me, as speaker of the General Assem
bly ; in the execution of which instructions, you are always to take the ad
vice of Sir Peter Warren, if in England. You are to take all opportuni
ties of advising me, ar the speaker of the General Assembly of this colony
for the time being, of all your proceedings on the several matters as shall
from time to time be given you in charge, and of all other matters which
may occasionally happen, whereby this colony may be any ways afiected.
You are not only to take such opportunities as offer directly for New-York,
but to transmit accounts both by way of Boston and Philadelphia, as occa
sion may require. You are to keep an account of the expense you may
be necessarily put to, in your applications for the service of this colony,
and transmit' them td me, or the speaker of the General Assembly for the
time being, in order for payment. 1 send you the act wherein.you are ap
pointed for this colony, passed but this day, so that 1 cannot yet write to
you so fully as I expect shortly to do. In the mean time, you are to observe
tbe preceding directions, and those that follow, to wit : You are to endea
vor to obtain the Tojal assent to tbe three following acts, to wit : " An act

120 Smiths Continuation ofthe [Chap. IL
Mr. Clinton had, on the 18th of February last, given
the command of the troops in the pay of the colony,
for the defence of the frontiers, to Colonel Johnson;
the same who, living in the Mohawk's country, on the
route to Oswego, had been contractor for supplying
the garrison there Avith provisions, and he took this
opportunity to ask an allowance for his trouble.
The House gave a vote of credit for a flag to Ca
nada for an exchange of prisoners ; expressed sur
prise at his urging the Crown Point expedition, since
the Massachusetts province would not ratify the
compact of the Commissioners, and had withdrawn
their stores from Albany ; agreed to take up the other
matters recoraraended in the fall ; and now only serit
up a bill, which was .passed, agreeably to his own re
quest in the message. They sat but ten days, and
Avithout open animosity, though a motion of Colonel
Beekman's had given an opportunity to revive it.

for limiting the continuance of Ceneral Assemblies, passed in the seven
teenth year of his Majesty's reign," not yet approved of by his Majesty ;
" An act for appointing commissioners to take, examine, and state the pub
lic accounts of the colony of New- York, from the year 1713;" and "An
act for the more effectual cancelling the bills of credit of this colony," the
last two passed this day. If the reasons on which the said acts were seve
rally founded, contained in their respective preambles, are not judged suffi
cient to induce an approbation, you are to endeavor to prevent their being
rejected until you can advise the General Assembly of it, and have their
further directions. An act having lately, as we are informed, been passed
in the neighboring colony of New-Jersey, for settling the boundaries be
tween that province and this, which we apprehehd may, in its consequen
ces, greatly affect the property of many of the inhabitants of this colony,
and very considerably diminish his Majesty's revenue arising by quit-rents,,
you are to endeavor to prevent its receiving the royal assent, until this co
lony can have an opportunity of making their objections, and of being
heard against the said act." -
It is worth a remark, that Mr. Charles afterwards informed the speaker,
that the septennial act had not been transmitted to the Board of Trade;.
a,nd that Mr. Jones, in his answer by his letter ofthe 2d of June, n49j
writes thus;— "Since you cannot find that the act of this colony, for limit
ing the continuance of the General Assembjy, has ever been transmitted;
you heed give yourself no further concern about it, until you find it receiv
ed at the Office of Trade and Plantations."' There wanted no motive at
this time to censure the concealment of that popular law from the eye p/
adrainistration, if it could only be charged upon the Governor: buit tlie
boldness of the measure is equal to the arlof the leaders of the day when
it passed. It remains a secret who advised to it, and perhaps b.ecause both
Ra..rties shared in the guilt.

1748.}, , History of New-York. 121
Certain discharged soldiers of a company, com
manded by Captain Ross, raised for tfje Canadf^
expedition, had sued, and others intended to bring
actions against him, for their pay. The Governor
had written to a county court Judge, and Catherwopd
his Secretary, to the Clerk and Sheriff, against the
issuing .and service of the process. The House,
agreeably to the motion, appointed a committee to
make the proper inquiries, and report their opinion.
But nothing further! was done; for the Governor,
upon sight of the journal, wrote to the speaker, own
ing that letters were written touching deserters, and
only recomuiending it to the officers of the courts to
put a stop to the claims of deserters with his Majes
ty's arms and clothing, who had thereby forfeited
their pay ; and ths^t if this could be construed a vio
lation of the laws, it was owing to inadvertency, and
without any injurious intention, and that he was ready
to recorapense all damage the public had sustained.
The House referred this letter to a committee of the
whole, and took no further notice, at that time, of Mr.
Beekman's, information.
When they met in the autumn, (14th October,) he
congratulated them on the prospect of peace, and
complained of inequitable terms proposed by the
Governor of Canada for a release of prisoners ; and
asked a five years' support,, agreeably to precedent
in the tirries of his predecessors, Hunter, Burnet,
Montgomery, and Cosby ; said he had not started ob
jections to the annual provisions on aecount of the
war, the advice he then received, and his desire to give
content ; but that he now thought it a proper time to
resist the innovations Avhich had weakened the King's
government ; that he should consent to their annex
ing the salaries to the officers in the act, but not to
the officer by name. He then urged a discharge of
two thousand one hundred and thirty-eight pounds,
withheld from Colonel Johnson, by reason ofthe de
ficiency of the fund out of Avhich he was to be satis
fied ; provision for arrears to the army, for expresses,
16

. 122 Smiths Continuation of the [Chap. II.
the exchange of prisoners, and the finishing the new
edifice at the Fort.
This was raking up the old embers, and disagree
able to every body but Colden and Delancey. Their
address intimated a disinclination to continue the
rangers in pay; that the three independent compa
nies at Albany (Avhich ought to consist of a hundred
men each) would Suffice, with the old peace garrison
at OswegO.
Their ill success in the Canada cartel, they impute
to the low characters of the envoys he had sent to
Mr. Vaudreuil, the Governor of that country.
They declared that they would not depart from
the modern method of annual support bills ; adding,
with Mr. Horsmanden's pen, that "had the salaries
been annexed to the office, himself (under the un
happy influence he then was) Avould have filled the
office of third Justice ofthe Supreme Court, Avith some
unworthy person in the room of a gentleman of expe
rience and learning in the law, whom you removed
from that station without ariy color of misconduct, at
least as we ever heard of, under the sole influerice of
a person of so mean and despicable a character, (as
the General Assembly has several times heretofore
occasionally signified to you,) that it is astonishing
to us that your Excellency should persist in submit
ting your conduct to his sole counsel and guidance."
They told him not only that he was well advised
when he first assented to the annual support, but that
" he did it for ample and sufiicient reasons, and good
and valuable considerations, as Ave have understood,
in acceding to those terms.".
After a copy AA^as sent to the Governor, he signified
by a naessage, that they had shown no regard to de
cency, arid that he should not receive such an ad
dress. He then repeated what was most necessary for the
pubhc service; says his erivojs to Canada were the
best he could get ; and adds, «' you are pleased to
give the characters of some persons that I have had
better opportunities to know than you can have "had;

7148.] History of New-York. 123
however, I believe that by this paper, (the address,)
some men's characters will be very evident to every
man who shall read it, arid who has the least sense
of honor."
On this, they made an entry of the declaration of
their messengers, who were sent to knoAv when he
would receive the address in substance, that he said
he had not seen a copy of it; on which they had
given it to him without any order of the House so to
do : and thereupon they resolved, that it is irregular,
and contrary to the course of parliamentary proceed
ings, to send a copy, and that the Governor had no
right to insist on such a copy ; that it was their rigbt
to have access tp him on public business; that his
denial of access was a violation of their rights, con
trary to his solemn promise to the speaker, tending
to the destruction of all intercourse, and to the utter
subversion ofthe constitution ; and that Avhoever ad
vised it, had endeavored to create dissensions, stop
the intercourse for public business, and is an enemy
to the General Assembly of this colony, and of the
people whom they represent.
Notwithstanding these violences, the Governor
passed three bills on the 28th of October: one for
reviving that to raise eighteen hundred pounds for a
college by a lottery; another to continue the duty
act for the support of government ; and a third, for
the payment of the forces. On the 12th of Novem
ber, he sent for them agairi, and passed three raore
bills, and then, in a speech in answer to their re
solves, observed :
That it was his duty to preserve the King's autho
rity ; that they violated the rules of decency, and
were ansAverable for the consequences ; that their
right to access, and his proraise to allow it, are con-
nectefl, and both to be, when the King's service and
the public good require it, of which he had a right to
judge as Avell as they.
He then censures their appealing to the people
instead of the Crown, to whom he had told them he
should send their paper of address.

124 Smiths Continuation of the [Chap. II.
He confesses that he passes some of their bills with
reluctance, and only on account of the public exi
gencies ; and then put an end to the services of the
year, by a long prorogation to the 14th of March.
The poverty and number of the public creditors,
and the sufferings of the unredeemed captives in
Canada, called for an earlier meeting of the Assera
bly than the 28th of June, a season of all others most
inconvenient to a Senate of husbandmen, who were
just then entering into their harvests. The Governor
had need, therefore, of an apology for postponing the
session ; arid his expectations of direction from go
vernment on the modern mode of providing annually
for the civil list, was the pretext for this delay. ' The
speech held up no other object to their attention :
what he demanded was a revenue, and the payment
of debts, in a manner conformable to the directions
of the King's commission and instructions. Having
at the last session passed the revenue bill, without
another to supply it, which had not been offered to
him, he now observed, that there was money in the
Treasury granted to his Majesty, not a farthing of
which he could pay out. This he called an incon
sistency, repugnant to the constitution, prejudicial to
the King's service, and which, he said, must be reme
died : and he required an answer in direct and posi
tive terms, before they took up any other business,
whether they would grant a revenue agreeably to
royal directions, or not.
With a copy of his speech, he gave<them a clause
of his commission, dated 3d of July, 1741, declaring
it to be his Majesty's pleasure, that all pubhc monies
be issued by the Governor's warrant, with the advice
ofthe Council, and disposed offer the support of go*
ve'rnment, and not otherwise ; with copies of the fif
teenth and thirty-second instructions of the 10th of
September, 1741 ; the former requiring, that no law
for any imposition on Avine or other strong hquors, be
be made to continue for less than one Avhole year ;
and that all other laws for the supply and support of
government, be indefinite and without limitation,

1 749.] History of New- York. 125
except the same be for a temporary service, to expire
and have their full effect within the time therein pre
fixed ; — and the latter, commanding him not to suffer
any public raoney whatsoever to be issued or dispos
ed of, othervA'ise than by warrant under his hand, with
the advice of the Council ; with leave to the Assem
bly nevertheless, from time to time to view and ex
amine the accounts of money, or value of money,
disposed of by virtue of laws made by them, which
he is to signify to thera as there should be occasion.
After seven days,,their committee brought in their
address, which was instantly approved, and the
speaker ordered to sign the very copy prepared, of
which mention is here made,, to show their unanimity,
though the Governor thought it, and not without rea
son, a proof of the resignation of the merabers to an
implicit confidence in their leaders.
They tell him that his instructions are not new,
though he insinuates that they are, but more ancient
than the modern annual provision; that they per
ceive no coramand for a five years' support, nor that,
if the crown officers are paid, that it makes any dif
ference whether the provision be annually, or for a
given term of years ; that they retain the opinion they
suggested last auturan, having since received no new
light, that the distresses of the public creditors are
iraputable to his prorogation of the 12th of Novera
ber, by Avhich the application bill was lost : they re
mind him of their votes for the redemption of the
captives ; and conclude with asserting, that " the
faithful representatives of the people can never re
cede from the method of an annual support."
The Governor refused to receive this address, un
til he had a copy of it; and they resolved, as before
mentioned, that he had no right to insist upon it.
He, on the other hand, alleged, that the King al
ways had copies of addresses before they Avere pub
licly preferred, and that such had been the usage in
this colony; and that he claimed a right to know
their transactions, because he had authority to re
strain them to a due course. Taxing them with heat

126 Smiths Continuation of the [Chap. II.
and precipitation, he observed^ that they met after
nine o'clock, when they received and approved the
address ; and that the messengers were with him fop
fixing a time to present it, before ten the same morning.
Confessing now that he had seen it in the minutes
brought by the Clerk, he informed them that they
might present it immediately. This done, he adjourn
ed them from the 7th to the 1 1th ; and the day after,
by a message, he observes, upon the difference be
tween his conduct and theirs, that after every proro
gation, he spoke as though they had never disagreed,
but that they constantly calumniated his administra
tion. . He proceeds then to vindicate himself from the
suggestions, that the'non-redemption of; the Canada
captives was his fault ; that he could not find a man
Avho would perform any services for them upon the
credit of their resolves, nor was it to be wondered at,
since they had not, though urged to it, paid the ex
penses of the last flag, contracted on their Vote of the
27th of June, 1748. He complains of their pervert
ing his speech, with a view to mislead ; denies that
his present demand was for a five years' support, but
that it chiefly referred to the raethod of issuing pub
lic raoney ; that he knew the sentiments of adminis
tration, "and they might have at least guessed at
them, by the bill lately brought into Parliament, and
published in this place, for enforcing the King's in
structions.* It is an essential part of the English coUt

* A bill to regulate and restrain paper bills of credit in the colonies, pre
vent them from being a tender, and to enforce the King's instructions. It
was ordered to be brought in the 16th of February, 1749, by Mr. Horatio
Walpole, Lord Dapplin, Mr. Alderman Baker, and others. It had been
long in agitation at the Board of Trade, and was nearfy on Uie model bf
one brought into Parlia,ment four years before. Mr. Charjes gave .early
notice of it to the speaker, by a letter of the 2d of March, 1749. The
last four clauses insidiously gave the royal instriictions the efficacy of laws'.
It was at first httle adverted fo, and when its tendency was discovered, the
advocates disowned the intention ascribed to it. When the counsel were
ready, (1st of May, 1749,) they were directed by tte spesker to confine
themselves to the first parts of it, in conseqtienoe 6f a deolaratibii made by
som? of its promoters, that the other ^parls would, be dropped^ The bjll,
after debate, was postponed for further inforipation concerning the slate of
the paper currency in the plantations, and the King applied to fer orders
on that subject.

1 719.J History of NeWfYork. " 1 27
stitution, that the power of granting the money and
of issuing it, be in; different branches ofthe constitu
tion, as'the best method to prevent misapplication ;
for if those Avho grant the money, had likewise the
power of distributing it among their friends and rela
tions, under any pretences of public service, there
can be none to call them to account for misapplica
tion." And again : " You have given money to pri
vate persons for services -not recommended, and for
services of which I to this day remain ignorant; and
by mixing of the grants in the same bill wherein you
provided for the support of government, or other ne
cessary services, you put me under the necessity of
giving my assent to them, or of leaving the govern
ment Avithout support This is so dangerous an in
vasion of his Majesty's prerogative, and so injurious
to the people of this province, that you may assure
yourselves it will nOt be suffered to continue."
He importunes them for satisfaction to Col. John
son; and closes with entreating them to consider
" the great liberties they are indulged with, and what
may be the consequences, should our mother coun
try suspect that you have a design to lessen the pre
rogative of the Crown in the plantations. The Ro
mans did not alloAv the same privileges to their colo
nies which the other citizens enjoyed ; and you know
in what manner the republic of Holland governs her
colonies. Endeavor, then, to show your great thank
fulness for the great privileges you enjoy."
The House tells him, by another address, that he
had renewed the differences by the demand of a five
years' support. They had agreed suddenly to their
last address, but it is true, and not the less so for be
ing spoken in half an hour. They see still no reason
Avhy the captives were not released : their waiting
for accounts, was the cause of their delay in provid
ing for the expenses ofthe late flag, and the satisfac
tion of Colonel Johnson's demands.
To his boast, that he had neither invaded liberty
or property, they reply with a Avish, that the breach
upon the stores at Albany, the letters to the Judge,

128 Smiths Continuation of the [Chap. II.
Sheriff, and Clerk of Dutchess, and his attempts upon
the liberty of the press, Avere buried in oblivion.
They submit to the judgment of the world, whether
the object of his last speech is not an indefinite sup
port They insist that many services are provided
for by Parliament, not recommended by the Crown ;
that for every provision they make, the act mentions
the service ; that it is himself that endeavors to mis
lead the people. They admit it to be the usage of
Parliaraent to raise sums for uses, and leave the dis
position to the King: but thigre is a difference be
tween Kings and Governors — the case of a people
under the royal eye, and those at a distance. The
King can have no interest disunited from his sub
jects, and his officers ate amenable to justice in
Great Britain : but Governors ate generally stran
gers, and Avithout estates, in the places they govern ;
seldom regard the Avelfare of the people : uncertain
in their stay and offices, all engines are contrived to
raise estates ; and they can never want pretexts for
misapplication, if they had the disposition of money.
Nor can there be any redress; the representatives
cannot call them to account — they cannot suspend
the Council: the Lords of Trade have thought it
reasonable to oblige the Assembly, as rauch as pos
sible, with the disposition of public raoney ; they will
not believe the King has other sentiraents.
The Governor refused this address, but proposed
to throw the services not recoraraended by hira into
a separate bill ; and sent thera a copy of his twelfth
instruction, importing, that for different matters disV
tinct laws be enacted, but nothing foreign from the
title inserted, and that there be no implicative re
peals. The House, flamed again, renewed their resoh'es
on the right of access, and the enmity of his adviser ;
refused to proceed, until they were satisfied for the
injury tbeir address received; and that they would
then provide for the public creditors, whose disap
pointments they impute to his prorogation of the
12th of November.

1749.] History of New-York. 129
To these which they sent him, he returned his for
mer answer, that the address wanted respect, and he
should lay it before the King's Ministers ; and re-im
plored their commiseration of the pubhc creditors,
This message they voted not only unsatisfactory, but
a breach oftheir privileges; and did nothing after it
but meet and adjourn, from the 21st of July to the
4th of August; when, after delivering a long, hedted,
vindicatory speech, he prorogued the Assembly.
Mr. Clinton began to discern, that the heated coun
cils of Mr. Colden on the one hand, and of Chief Jus
tice Delancey on the other, might endanger his recall
to England, or the appointment of a new Governor.
He now became intimate with Mr. Chief Justice
Morris, who was meditating a voyage to England, (o
give success to the project of the general proprietors
of New-Jersey, for establishing the line of partition
between that colony and this.
I have already observed that Mr. Charles, though
agent, was directed in April 1748, to oppose the
royal confirmation of the Jersey act for running the
line. .Mr. Morris, who was named in a commission
with Mr. Alexander and Mr. Parker, had produced
the commission and a copy of the act to our Assem
bly, on the 28th of June following, and desired, if
there were objections to it, that they might be com
municated to the Commissioners, or to the govern
ment of NoAV-Jersey. On the 20th of October, there
was a petition from certain persons affected by the
New-Jersey clairas, to be heard against the new act.
They were heard the 28th of October; and the next
day the House resolved, that their objections were
strong and well grounded, and the petitioners order
ed to prepare written proofs tp support them, to be
commuoicated to Mr. Charles ; and a raotion of Col.
Morris's, , for charging the proprietors with the ex
penses of the controversy, rejected on the previous
question. It was expedient to the Governor that the King's
ministers should be made acquainted' with the true
springs of the opposition to Mr. Clinton, and his con-
17

130 Smiths Continuation ofthe [Chap. II.
duct defended by suggestions not easily, nor perhaps
safely, to be comraunicated upon paper.
Mr. Morris's voyage furnished the Governor with a
solicitor of no mean art and address, and he Under
took the oflSce with the more cheerfulness frora the
animosity which had long subsisted between the fa
milies of Morris and Delancey, the hope of becoming
Lieutenant Governor by Mr. Chnton's interest, and of
engaging the influence of the Newcastle patronage
in favour of the proprietary object for establishing
an advantageous boundary projected byMr. Alexan
der in the year 1719.
Mr. Colden could not be an advocate in every part
of this scheme, as it would deprive him of the suc
cession to the command as eldest Counsellor, and he
hoped by his zeal for the prerogative to recommend
himself to the rank airaed at by Mr. Morris. He was,
therefore, to be used no longer than till he had assist
ed in such representations of the state of the colony
as Mr. Morris was to be charged with, in justification
of the Governor, and for drawing down the resent
ment of the Crown upon his opposers. The Gover
nor's intentions, in favour of Mr. Morris, Were to be
a secret. Mr. Colden Avas afterwards dismissed, and
the loss of his services supplied by Mr. Alexander,
with whom Mr. Clinton had a good understanding,
and for or by whom he had been prevailed upon to
write a letter to the Lords of Trade on the 7 th of Oc
tober 1748, (not discovered till 1753,) calculated to
facilitate the King's confirmation of the Jersey act,
for the establishment of the line of partition so much
desired by the proprietors of the eastern part of that
colony.*
* They mside use of it before the Commissioners for plantation affiiirs at
the hearing on the opposition to the confirmation of the Jersey act. Mr.
Charles procured a copy of it, and transmitted it to Mr. Jones in his letter
pf the 12th June 1753, and it gave such umbrage to the popular party of
that day that it deserves a place in ttiese note? :
¦' My Lords,
f I some time since received a copy of an act, passed by the Legislature
Rf New-tTersey, for running the line of partition ap(J division between that

1749.] History of New-York. l31
The Lords of Trade were easily excited to espouse
the cause ofthe Governor, and began an exhibition of
the state ofthe coloriy to his Majesty, but proceeded
so slowly that Mr. Clinton's hopes of a victory over
the Assembly, whom he had' frequently prorogued in
expectation of it, were exhausted. He, therefore,
dissolved the House, determining, if he was not sup
ported by the ministry, to give way to the anti-Cos
byan doctrine of annual supplies, and the rather, be
cause it was irapossible for him to form a party in
his favor, till the clamors of the public creditors
were appeased.
Mr. Jones had the honor to be seated again in the
chair when the new Assembly met on the 4th of Sep
teraber 1750, in which but six new^ merabers were in
troduced. The business opened by the speech was, the sup
port of Oswego, an attention to the Indians, provision
for the officers of government who had been two
years unpaid, and the discharge of the public debts.
In framing bills for raising money, he recommended a

province and this,'and was at the same time informed, that the Jersey pro
prietors intended to apply for his Majesty's royal approbation of the same.
There have been many disorders committed on the borders of these prp
vinces, occasioned by the lines remaining unsettled. Of some of these dis
orders Ibad information given me by the late Governor of New- Jersey, by
whom I was required to jojn in the settlement of the line, pursuant to acts
then arid still in force in both provinces for that purpose; which I should
have readily done, but, upon inquiring into the matter, I found that the sum
of £300, formerly raised in this province by act of the 4th King Geo. I.
had been long ago drawn out ofthe treasury and paid to commissioners and
surveyors employed in that service and are since dead, and no other money
was ever appropriated in this province for that service that I can learn.
I also found, that all the lands along the line, for many miles within this
province, were granted away tb private persons, upon trifling quit-rents to
the owners of the lands. I referred the matter, and recommended an ami
cable agreement between them and the Jersey proprietors, who had a
meeting for that purpose, but nothing was agreed upon. As it does not ap
pear to me, that the interest of the Crown or of this province, in general,
are in any ways concerned in the matter, but only the patentees of the
lands along that line, I shall decline giving your Lordships any trouble in
the affair, leaving it to the particular. persons concerned to take such steps
as they shall think proper. Thus much I thought it necessary to say, in
order to explain the reasons of my conduct in this affair, and am with great
esteem, &c.
'¦' -FoH George, in the city of JTew- Fork, Ith Oct. 1748,"

132 Smiths Continuation of the [Chap. II,
Cbnforraity to his commission and instructions, re
marking, that these Avere planned at the revolution
by those great ministers so distinguished by their
knowledge and zeal for the constitution. This was
thought necessary, not only to prevent a popular tri
umph, but that the Governor might not, by the arrival
of any instructions, be exposed to retract with dis
grace. Besides, it inspired the House with some
dread, many of the public creditors imputing their
disappointments rather to party rage than patriotic
designs. The Assembly, unwilling to cavil at the commence
ment of the session, presented a short and cold ad
dress — thanking the Governor for his promise to pro
mote the peace and prosperity of the colony, and
giving him theirs of an immediate attention to Avhat
he had recommended.
The session continued to the 24th of November,
the Governor and his Assembly proceeding with
equal caution. They fearing that he would reject the
annual support bills, and he their keeping thera back.
Both were, therefore, pleased at the close of it, for
thirty-five acts were then passed of general or parti
cular utility : the currency of paper money prolong
ed ; the credit of our staple of flour secured; most
of the public creditors satisfied ; the arrears of the
officers of government paid, and provision made for
them and the agent for the ensuing year; and the
digest of the laws of the colony, beginning at the
revolution. Among the causes for the present moderation of
the Asserably, I raust not omit the intelligence of the
attention of government to the true sources of the
pubhc animosities. It Avas communicated to the
House by Mr. Charles, and it cooled the ardor of their
leaders. " I-am informed (says he in his letter of the
29th of March 1750) jthat the Board of Trade are
now preparing a representation of the state of the
province of New-York, to be laid before his Majesty
in Council ; and I understand, time Avill be given to

1750.] History of New-York. 133
all persons interested to be fully heard, before any
determination shall be made thereupon."
It was at this session that the expense of opposing
the Jersey partition act was voted to be a provincial
charge, an advantage derived to the New-York pro
prietors from the party spirit of that day, influenced
by the Delancey faraily, and stimulated, in part, by a
small interest they then had in the patent of the Mi-
nisink, affected by the Jersey claim; but much raore to
sacrifice to the idol of popularity, and cross the new
confidants on Avhora Mr. Clinton now relied. It
will appear in the sequel, that they duped their coun
tryraen raore for the same views, till they were no
longer of any use to their ambition, and that when one
of the demagogues of that House becarae hiraself,
several years afterwards, a proprietor of New-Jersey,
the interest of New- York was abandoned, and by
his influence and artifice sacrificed to his avarice.
Mr. Speaker Jones's letter to the agent showed not
only the spirit and idea of the Assembly respecting
the New-York title, but Chief Justice Delancey's
opinion was then strenuously contended for in all
companies by him and his party. Mr. Charles had
hinted at the propriety of leaving the controversy to
commissioners, as the proper mode for settling it ; to
which it is answered — " As to your intimation of hav
ing coramissioners appointed for ascertaining the line
of partition, I am to acquaint you, that inasmuch as
the Crown is concerned as well as many hundreds of
his Majesty's subjects of this colony, Ave choose to
have a hearing and rely on the raerits of our cause,
unless the agents for New-Jersey will agree to be
governed by the boundaries of the patent, granted
by King Charles the second to his brother James
Duke of York, the 12th March, in the 16lh year of
his reign, Avhich boundaries, given by the Crown to
the Duke of York, are as follows, viz. — 'All that isl
and or islands, called by the several names of Maso-
wacks or Long Island, situate, lying and being to the
west of Cape Cod, and the narrow Higgansett, upon
the main land between the tAvo rivers there called or

134 Smiths Continuation of the [Chap. IL
known by the several naraes of Connecticut and Hud
son's river ; together with the said river called Hud
son's river, and all the lands from the west side of
Connecticut river to tbe east of Delaware bay, vvith
the powers of government' If then the Jersey agents
will agree, that the head of Delaware bay, which is
at Reedy Island, is their north bounds on Delaware,
which we conceive is conforraable to the patent from
King Charles the second to the Duke of York, and
run a line frora thence to the latitude of 41 degrees
on Hudson's river, we are willing commissioners
should be appointed to see the line run ; for as to the
boundaries described in the patent granted by the
Duke of York to John Lord Berkley, &c. we con
ceive, they are no otherwise to be regarded in this
dispute than as fixing the north bound on Hudson's
river, because the said Duke could not extend his
grant to them higher on Delaware bay or river than
Avas granted to him by his brother King Charles the
second ; the north boundary of which grant from King
Charles we take to be at Reedy Island, or the head of
Delaware, at that place where that river divides it
self into two branches, commonly called the Forks
of Delaware, and run a line frora thence to forty-one
degrees of latitude on Hudson's river — this colony,
with the assent of the Crown, will agree to it, and
that coraraissioners shall be appointed to see it run ;
otherwise you are to proceed to a hearing, and to in
sist on the boundaries granted by King Charles to his
brother the Duke of York."
So early as at this tirae Mr. Clinton gave notice of
the activity of the FrOrich eraissaries iri practising
upon the Indians on the river Ohio. He proposed a
ti-eaty with them in conjunction with Mr.Hamilton the
Governor of Pennsylvania, to secure their fidelity.
The Assembly excused themselves in an address. On
account of their burdens during the war, 'of which
that proVirice, though benefited by them, had borne
no part The Governor gave thera a calm answer,
and Offered his services if they would proA^ide for the
expense. The House then voted eight hundred

1750.] History of New-York. 135
pounds for presents, and one hundred and fifty pounds
more for his disbursements in attending a new treaty
with the Six Nations ; but offering to provide for them
by a separate bill, to which the Council proposed
amendments (not concurred in because it was a mo
ney bill) it was lost, but the substance of it tacked to
the salary bill. The French scheme of settling and
fortifying in that part of the Indian country, was one
of the principal causes of the new war of 1756 ; nor
shall I omit, that it was at this session the House
adjudged the arrest of a candidate on the day be
fore his election to be a raeraber of the House to be
illegal. It was the case of Mr. Tappen, chosen one of the
representatives of Dutchess county., The Sheriff had
him in custody on civil process for debt, and his col
league, Colonel Beekraan, raoved for his enlargement
and attendance. The prisoner brought his habeas
corpus returnable in term, while the House was sitting,
and moved to be discharged by the Court There
were, at that time, but two Judges. The legality of
the imprisonment on the day of election was contest
ed at the bar, and the Court being divided, the pri
soner continued in confinement till he carried his
point in the House, but not without a division, in
which Mr. Clarkson, Mr. Richards, and others sup
ported a motion, that it was dangerous to the country
to take a man from the jail for debt and admit him
into a House consisting but of twenty-seven mem
bers. He afterwards absconded, and a writ issued
for a new election.
The opinion of the majority gave no small offence
without doors ; but the contradiction on the bench
was applauded as a master-stroke of policy to pre
serve the concord which subsisted between the
Judges and Assembly — Mr. Philipse being a member,
and Mr. Delancey's opinion agreeable to the judg
ment of the raajority in favour of Mr. Tappen — the
, Judges reading the reasons for their respective deci
sions with rapidity. The puisne Judge's real or af
fected passion on Mr. Delancey's argument and opi-

136 Smiths Continuation of the [Chap. II.
nion, afforded no sraall merriment to the practisers,
this diversity being ascribed to the policy of the
Chief Justice, who had no inclination to differ with
any ofthe leading merabers of the House. It is pro
per to reraark, that there Avas no act of the colony in
force respecting the privileges of the raerabers, from
which the junior Judge drew consequences, which
Mr. Delancey eluded by rising to the higher sources
of the common law, and by applying the hberty of
attending on the judicatures and courts to those on
the court of elections, he deduced by arguraents, ab
inconvenienii., and his main conclusion, that the arrests
of Mr. Tappen were void.
It was a fault of this Assembly that no applications
Avere raade to Parliament on the bill respecting the
importation of iron frora America, by which the co
lonies were restrained from erecting slitting mills, &c.
The agent had given early notice of it in his letter
of the 29th of June 1749 :-^" It gave me pleasure,"
says he, "to find by sorae hints thrown out in the
House, that there is a probability of getting some
thing done to encourage the iron-mines Of Araerica.
This is a matter in which most of the colonies are
concerned, and well deserving their joint efforts. It
likewise demands the attention of this kingdom, as
nothing is more demonstrably the interest of Britain
than to receive frora her own colonies, in exchange
for British raanufactures, a coraraodity for which &.
balance is now paid in money to foreigners ; and it is
to be hoped, that an encouragement of this kind
Avould, in its consequences, be a means of promoting
the growth of hemp as a fit assortment of a cargo for
Britain." Nor was it enough that their Speaker had
desired Mr. Charles to use his greatest efforts against
the four last clauses of the bill relating to paper rao
ney, for enforcing the obedience of the colonies to
the royal instructions, of which we were apprised be
fore the last session of the preceding Assembly ; the
Speaker's letter, for the opposition, bearing date the
29th of June 1749.

1750.] History of New-York. 137
The party animosities of the day engrossed tbe gene
ral attention ; and the proprietors of the iron furnaces
(of which there were only two, that at Sterling, own
ed by Mr. Smith and others, and Mr. Livingston's at
Ancram,) less vigilant than Mr. Allen, who instantly
began a slitting mill in Jersey, lost an opportunity for
advancing their own and the interest of the colony.
While the iron bill was under consideration in the
House of Commons, Mr. Chief Justice Morris, to
serve his country, consented to be examined respect
ing the works in America, and felt all the distress
which the public detection of a want of information
will necessarily create in a delicate mind, where
there is a disappointed ambition to excel. He could
never recollect that hour without a great degree of
that confusion and anxiety which led him to counter
feit a sudden indisposition for withdrawing hiraself
frora a situation in which he could neither sustain the
ridicule of others, nor his own consciousness of in
capacity and disgrace. Sorae members of the commit
tee, whose aims he was brought to traverse, address
ed him on their questions by the title of " my Lord
Chief Justice," that his imperfect ansAvers might have
the less weight ; and xiertainly they succeeded in
their design ; for though Mr. Morris had professed his
knowledge of this branch of business, he found him
self entirely ignorant, not only of the process of the
work, but of the artificers employed in it, and the
wages they received both in Great Britain and
America. Mr. Clinton improved the interim before the next
call of the Assembly, in animating several other go
vernments to watch against the French artifices in
corrupting the fidelity of the Indians, intending to
hold a treaty with the Six Nations in the summer of
1751. Previous to his voyage to Albany he called the
members to a condolence on the death of the Prince
of Wales, and to a further contribution for the sa
vages. Both ends were answered. An affectionate
address, in which they all joined, was transmitted tO
the King : the design of a treaty approved, A^ith pro-
18

138 Smiths Continuation of the [Chap. IL
mises to supply the deficiency, if any there should
be, for brightening the chain of alliance with the " *«
Nations, who depend immediately upon this colony. But
at their interview in October, there were early indi
cations that the spirit of party was nOt yet extin
guished, though some of the chiefs of the opposition
were dead.* c i .
Tbe speech asked for, the discharge ot what was
Still due to the pubhc creditors ; an attention to the
Indians, the French being assiduously intent upon de
bauching them ; and for the support of government,
with a due regard to the royal commission and in
structions. There was an immediate call of the House, and in
the address, a pl-omise to provide for the government ;
to pay just debts ; an intimation of surprise at further
demands for the Indians ; a complaint that some of
the members had not circular letters to notify this
meeting, and a request that it may not be omitted in
future. It was another bad symptom, that they did
not send him a copy of it. The answer, therefore was
communicated by a message.
That they should have an account ofthe thousand
pounds he had distributed among the Indians ; that
the Deputy Secretary had orders to send letters to
all the members, and he had assured him they were
despatched to every one except the Speaker, but
that this last was not usual, it being customary for him
to attend the Governor before a prorogation expired.
He recoraraended a union of Councils, and hoped,
he said, to convince thera, that no consideration
Avhatsoever was of any Aveight with him, but the
welfare and prosperity of the people committed to
his care.
The flame did not break out till the 18th of No*
veraber, when Colonel Johnson came down with a
message from the Council for the vouchers of the se
veral demands provided for in a bill sent up for the
t Mf. Clarkson, Mr. Justice Philipse, and Mr. Micheaux,

1751.] History of New- York. 139
payment of the colony debts, and the accounts which
the Governor had sent or recoraraended for discharge.
They voted this an unprecedented and extraordinary
demand. The Council asserted it to be their right,
and resolved not to proceed on that bill until they
were gratified ; and sent down another of their own,
for applying five hundred pounds for Indian affairs
and the repair of Oswego. This the Assembly would
hear but once, and rejected it for intrenching " on
the great, essential, and undoubted rights of the
House, to begin all bills for raising and disposing of
money." They then prepared an address, lamenting the
want of more money for the Indians, suggesting that
the unsettled state oftheir affairs proceeds from mis
conduct orinattention, and that theymade no provision
for repairs at Oswego for want of estimates; complain
ing of the Council as the authors of all the bad con
sequences of the bill to discharge the colony debts,
it being a breach of trust to consent to their claim of
inspecting accounts ; and praying that he would pass
such bills as he approved, and give the House a re
cess for the winter. ,
After the delivery of this address, the Governor
declared be could give no answer to it before he had
consplted the Council; and two days afterwards in
forraed them, that Colonel Johnson had the merit of
dissuading the Indians from their old practice of go
ing to Canada for an exchange of prisoners, and in
ducing them to entrust thera to the Governor, as sub
jects of Great Britain ; and at the same time commu
nicated a copy of a letter from the Indian interpre
ter, demonstrating that the French were indefatiga
ble in endeavoring to defeat this advantageous inno
vation. On this they resolved, with a puerile censorious
inuendo at their first meeting after May, to provide
for the " strings and belts of wampum which the in
terpreter might find necessary for transacting the bu
siness he had in charge from the Governor ;" that it
is a part of their Speaker's duty to attend Governors

140 Smiths Continuation of the [Chap. II.
in the recess of the House; that the omission of a
circular letter to the Speaker was dangerous and di
latory; and for an address that it be not hereafter
neglected. Mr. Clinton prudently shunned all altercation, con
vened both Houses the next morning, passed the bills
that were ready, and, without the least previous inti
mation and to the astonishment of all present, dis
solved the Assembly, who, finding themselves laugh
ed at without doors, repented their passing the sup
port bill for the year so early in the session. Which
gratified the officers of governraent, while their neg
lect of the colony creditors added to the Governor's
party, already strengthfened by Mr. Alexander's tem
per, the appointment of Colonel Johnson to the Coun
cil, and Mr. Charabers to the second place on the
bench. The influence of the Chief Justice was, neverthe
less, so prevalent, that he had a great raajority of
friends and relations in the new Assembly, convened
on the 24th day of October 1752.
Mr. Alexander and Mr. Smith,* upon whom the Go
vernor now relied, knew their connexions before Mr.
Jones was re-elected to the chair, and sagaciously ad
vised to short and general speeches, and such messages
afterwards as were least calculated to enkindle the
party fires which Mr. Colden's incautious, luxuriant
compositions and high principles had so often exas
perated, to the advancement of the popularity of the
person he meant to pull down. The whole speech,
the address, and answer, as contrasts to the prolix
transactions appearing in the journals of former years,
are here transcribed.

* From the abatement of the Cosbyan quarrels, in Mr. Clarke's time,
Mr. Smith had totally resigned himself to that wide field of business which
his eloquence had opened to him, without interfering in the general politics
of the country. On the death of Mr. Bradley, the Attorney General, he
could not avoid giving his assistance to the Governor, in graUtude for his
unsolicited appointment to tbe succession. Mis private diary has a memo
randum in these words : "28thAugust 1752, Richard Bradley died and I
was, without asking, appointed Attorney and Auditor General. On the 31st
August received my commission and was sworn into the office."

1752.] History of New-York. 141
" As sundry acts which greatly concern the trade
and welfare of this province will, by their own limi
tation, expire the first day of January next, I have ap
pointed this meeting with you, to give you an oppor
tunity either to continue those acts, or provide other
wise in the place of them. The state of the Indian
affairs, and of the frontier forts and- fortifica.tion5 in
general, require your most serious consideration,
timely provision, and aid. I shall, by the Deputy
Secretary, lay before you the information I have had
concerning them.
" Gentlemen of the Assemhly,
" The season of the year will naturally lead you
to make provision for the support of his Majesty's go
vernment. " Gentlemen of the Council and General .Assembly,
" I assure you, that whatever bills you shall
agree on for the benefit of this province, consistent
with my duty to pass, shall most readily have my
assent." THE ADDRESS.
" We, his Majesty's dutiful and loyal subjects, the
General Assembly of the colony of New-York, return
your excellency our thanks for your speech.
" The contern your excellency expresses for the
trade and welfare of this colony, demonstrates your
excellency's care for the public good, and it cannot
but be extremely pleasing to every one who has his
country's interest sincerely at heart. The advanced
season of the year, the difficulties of attending the pub
lic service at this place, and the dangers which such
members who have not had the small-pox apprehend
themselves even here to be exposed to, all concur to
induce us to postpone the consideration of every raat
ter, not impiediately necessary to be provided for,
and shall do therein what shall be for his Majesty's
service and the welfare of this colony."
He suppressed any remarks on the novel omission

142 Smiths Continuation of ihe [Chap. IL
of a previous copy, and, three days after, called them
to hear this ANSWER.
" Gentlemen of the General ^Assembly,
"I return you my thanks for this obliging ad
dress, and the assurances therein given me ; and as
soon as you shall have made provision for the imme
diate and necessary service of the province, I sha.ll
readily grant you a recess as you desire."
They sat only to the llth of November, and hav
ing voted to provide at the next meeting for repairing
the fortifications, the establishment of a College, and
the usual presents for the Indians, and other Indian
affairs, he passed their bills, and, among the rest, the
duty bill, and for issuing out of that fund the salaries
of the officers to the first of September 1753.
It may gratify the curiosity of the reader to know,
that of the raerabers of this Asserably Mr. Chief Jus
tice Delancey was nephew to Colonel Beekraan, bro
ther to Peter Delancey, brother-in-law to John Watts,
cousin to Philip Verplanck and John Baptist Van
Rensselaer ; that Mr. Jones, the speaker, Mr. Richard,
Mr. Walton, Mr. Cruger, Mr. Philipse, Mr. Winner,,
and Mr. Le Count, were of his most intimate acquain
tances ; and that these twelve, of the twenty-seven
which composed the whole House, held his character
and sentiraents in the highest esteem. Of the rer
maining fifteen he only wanted one to gain a majori
ty under his influence, than which nothing was more
certain ; for, except Mr. Livingston, who represented
his own manor, there was not among the rest a man
of education Or abihties qualified for the station they
were in. They were, in general, farmers, and directed
by one or more ofthe twelve raerabers above named
—Mr. Dowe, by his colleagues Mr. Winner and Mr-
Rensselaer— Mr. Thomas, by his brother-in-law the
Speaker and his colleague Mr. Philipse— Mills, by
Mr. Watts and his cousin-german Mr. Nicoll— Cornel,
by his colleague Mr. Jones— Mr. Lot and Mr, Vande-

1752.] History of New-York. 143
vier, Mr. Jun ton and Mr. Dupue, by all the city mem
bers* — Mr. Walton of Staten Island, by his cousin a
New- York raeraber, and his colleague Mr. Le Count —
Mr. Filkin, by Colonel Beekraan, whose interest
brought hira in — Mr. Snediker and Mr. Samuel Gale,
by the members for the capital — and Mr. Mynderse
of Schenectady, by Mr. Winner and Mr. Rensselaer.
Of the whole House, the only wealthy able meraber,
neither connected with Mr. Delancey nor in the
sphere of his influence, was Mr. Livingston.
His station on the bench, with the independent te
nure ofgood behaviour, added to his amazing power,
which was again augmented by the inferior abilities
of his assistants and his incessant assiduity, joined to
his own affluence and that of his faraily, in cultivat
ing all the arts of popularity from the moment he was
disgusted by Mr. Clarke in the year 1737. Nor was
he without dependants even in the Council, though
by the death of some weak men introduced by his
interest, the suspension of Mr. Horsmanden who
ventured too deeply in measures against Mr. Clinton,
and the introduction of Mr. Rutherford, Mr. Holland,
and Colonel Johnson, he had lately lost ground at
that board ; but, not many years afterwards, he found
means to regain and almost engross the whole sway
in the executive departhient.
To him, therefore, who barely Considers the inve
terate animosity between this demagogue and the
King's Governor, such a session as the last may ap
pear not a little mysterious. The truth is, that he
began to be fearful of having overacted his part. It
Avas Clear, from the success of Mr. Clinton's recom
mendations to office, that the representation prepar
ing by the Lord's of Trade, could not be favorable to
the party that opposed hira ; and besides, the hints
dropped by Mr. Chief Justice Morris and others in
England, of meditated vengeance, corresponded with
the intimations from Mr. Charles ; and many persons

* Messrs. Bichard, Cruger, Watts, and Walton.

144 Smiths Continuation ofthe [Chap. IL
had ventured to predict, that the heated councils by
which the Assembly bad been so long led, would end
in the ruin ofthe province. The agent had informed
the speaker, by a letter of the 30th of May, 1751,
" that the report touching the state of this colony,
was at last transmitted from the Board of Trade to
the King in Council." He adds : " It is said to be
very long and particular, and to consist of a quire of
paper, with two quires more by way of appendix,
whereof I can have no copy, till it is read in Council
and referred to a committee, when I shall move for a
copy, to be transmitted to the General Assembly for
their instructions thereupon. The affair of the Jer
sey line reraains yet unproceeded upon." On the
22d of June following, he sent a copy of the act to
regulate and restrain paper money in the four New
England colonies, carried through by the patronage
of the Board of Trade, with a disagreeable prognos
tication, that it appeared to him " to be a prelude to
a total abolition of paper credit in the colonies ; for,
as what is allowed to be issued even on the greatest
emergencies, is not a legal tender between man and
man, I apprehend the conveniency and utility of it is
quite taken away." He then adds : " The represen
tation touching the state of your province, has not yet
been read in CounciL owing possibly to sorae late
changes in the rainistry, the E^rl of Granville being
declared President of the Council, and the Earl of
Holdernesse Secretary for the Southern Department,
in which America is included. I will carefully watch
its progress, and acquaint you therewith." His letter
ofthe 29th of July following, has this clause: " I am
in constant expectation of hearing that the represen
tation touching the state of your colony, will be taken
into consideration ; upon which subject, I am sorry
to say that, as far as I can learn, it coritains volumes
of paper, of which I am denied a sight, and can yet
have no copy. Several rights and privileges clairaed
by the General Asserabhes of your colony, of which
they have been niany years in possession, are struck
out ; and complaints are made of particular persoris,

7152,] [.Mistory of New-York. 145
Avhich I was in hopes had long ago been dropped. I-
heartily wish the whole of this raatter may riot dis
compose the peace and tranquillity which had ari
appearance of being re-established in the colony.
The affair of the Jersey line is not yet proceeded
upon ; for carrying on which, I have received the re
mittance of one hundred pounds, mentioned in your
letter. I have now only to add, that L understand a
commission lies prepared at the Secretary of Staters
Office, appointing Robert Hunter Morris, Esq. to be
Lieutenant Governor of New-York." His letter of the
10th of August is this : " I am to acquaint you, that
on the 6th instant, the Lords of the Committee of his
Majesty's Most Honorable Privy Council, entered
upon the consideration ofthe reports ofthe Commis
sioners for Trade and Plantations, touching the state
and condition of the colony of New- York, and refer
red the same, as I am informed, for further considera
tion. Having repeatedly applied to. know whether,
as agent of the colony, I raight obtain a copy of this
report, and; of the papers accompanying it, (both
which are very long,) and being given to understand
there were orders against giving any copy, and that
the^ matter would be taken up and considered as an
affair of state, I believed it my duty to take the earli
est opportunity of renewing that application. As
soon as the report was read, I therefore wrote a let
ter to the Secretary of the Cotmcil, which he did me
the favpr to lay before their Lordships of the Com
mittee,, who, as I am informed, not having yet resolv
ed whether they will allow a public hearing on the
subject matter of the report, and a copy of it being
yet denied me, I must remain contented to watch its
progress, and to take their Lordships' pleasure. If
tlieir Lordships proceed herein as a Council of State
Only, it will be from the orders and instructioris that
may be issued, that your colony will be able to judge
of the principal points of the report : and if the regu
lations proposed do sensibly affect your colony, you
will no doubt thereupon make such, humble repre
sentations to the Crown as you shall judge necessary,
19

146 Smiths Continuation of the [Chap. IL
which must bring the whole at last to an open and
public discussion. Mr. Morris's commission to be
Lieutenant Governor of your colony, lies yet incom
pleted." On the 4th of May, 1752, he writes thug:
" The further consideration ofthe report of the Board
of Trade, touching the state of your colony, has not
been resumed in Council since August last ; and I am
still not permitted to have any copy or extract of it,
though I coritinue in hopes that their Lordships of
the Privy Council will not come to any resolution
thereupon, without hearing the parties that may be
affected by it Being thus deprived of the raeans of
inforraing the House with certainty, in points that
may be of great consequence, I can only, under these
circumstances, take raeasures for their service as op
portunities are given rae, of which I will not fail to
make the amplest use in the discharge of my duty.
Nothing material is yet done in the affair of the boun
dary line between your colony and New-Jersey. The
intended comraission to Mr. Morris as Lieutenant
Governor, is quite laid aside. I cannot conclude,
without expressing ray sincere wishes that a good un
derstanding may be restored between the several
branches of your Legislature, and may subsist, for the
general welfare and tranquillity of the colony."
In this precarious situation of affairs, it could not
subserve Mr. Delancey's popular interest to increase
the indignation of government against the colony, the
numerous families Avhose estates were affected by the
Jersey claims, growing extremely jealous of any fur
ther broils between the Assembly and the Governor.
Those contests besides, were inauspicious to the
success of his designs of obtaining the Lieutenant
Governor's place, by which he hoped to find an
escape for himself and his friends, if Mr. Colden took
the command of the colony as President of the Coun
cil, an event which he could not turn his eye to Avith
out horror. It was therefore expedient, while Mr,
Delancey's friends were negotiating in England for
the gratification of his ambition, to suspend hostilities
against Mr. Clinton : and the reader now has the new

1753.] History of New-York. 147
key f 0 the seeming inattention of the Assembly to that
part of the Governor's speech in October 1751, re
quiring their conformity to his coraraission and in
structions to the Governor's courage in the last disso
lution, and the subsequent pusillanimity of the new
Asserably during the rest of his adrainistration.
Mr. Clinton furnished a fresh proof of the stability
of his interest at Court, by introducing a new mem
ber into the Council. He had procured the royal
mandamus for Mr. Smith, in preference to Colonel
Morris, for whom some solicitations were made by his
brother, then in England, and before Mr. Oliver De
lancey, whose sister was the lady of Sir Peter Warren.
Mr. Smith was sworn in on the 30th of April, 1753.
The Assembly was convened a month afterwards, at
Jamaica, the capital being not yet free from the con
tagion of the small-pox.
The speech proposes a revision of the colony laws,
and the framing and passing a new digest, according
to a model executed in Virginia, and now recom
mended to our imitation by the Lords Justices and
the Board of Trade, to which some erabarrassraents
in the researches for compiling the late representa
tion in the latter, had probably given rise.
He assigns the true reason of meeting them at an
unusual place ; declares it to be by4he advice of the
Council, and in tenderness to the House ; professes
his confidence in their honor and justice, for a due
attention to the state of the Indian alliance, the re
pair of the northern fortifications, and the discharge
of the colony debts ; applauds their late resolution to
promote the arts and sciences, by establishing a se
minary of learning, as worthy their diligent prosecu
tion and most serious attention ; informs them of the
intrusions upon the colOny by our neighbors; sug
gests the expediency of concerting measures respect
ing them, by a comraittee both of the Council and
Assembly ; and promises readily and heartily to join
Avith them in promoting the happiness of the colony.
The Assembly thanked him ; hoped that the new
code of colony laws, then just pubhshed, would not

148 Smiths Continuation of the [Chap. IL
be disapproved by the King ; testified their gratitude
for his regard to their safety in the convention at Ja
maica ; and promised an immediate attention to mat
ters laid before them. Not a single instance of the
want of harmony now appeared.
A committee of both Houses met on the New Eng
land intrusions, and a bill was passed, for appoirit-
ing Commissioners to prepare representations upon
them to the King's Ministers ; a further sura was rais
ed by lottery for the college ; the colony debts dis
charged, and every raessage received and attended
to ; raoney voted for fortifications ; large suras given
for presents to the Indians ; the critical state of their
friendship confessed; and the Governor implored, by
an address, to visit and treat with them. Mr. Clinton
being indisposed, condescended to propose a treaty
by commission, and to authorize such persons for this
trust, as the Council and Assembly raight nominate
and recomraend to him : and Colonel Johnson, such
was the policy of the House, became the sole distri
butor of the presents, and the confidant of both
Houses. To such as knew the offence taken at Mr. Clinton's
patronage of this gentleman, and the obstacles raised
to avoid the payraent of his deraands, it afforded no
small surprise to see a joint address of both Houses,
signed James Delancey and David Jones, requesting
a treaty for appeasing the ill teraper of the Indians,
and declaring it to be the opinion both of the Coun
cil and Asserably, " that Colonel Johnson is the raost
proper person to be appointed to do this service;
and we humbly hope your Excellency will commis-
Monate him."
Towards the close of the session, which ended the
4th of July, and the last in Mr. Clinton's administra
tion, he revealed the lecret of his daily expectation
of a successor, and his intention to return to England.
It was extracted by their importunity for his raaking
a journey to assuage the Indians.
The Commissioners appointed for defending the
colony against the encroachments of Massachusetts

1753.] History of New-York. 149
Bay* and New-Hampshire, were all members of the
Asserably; viz. David Jones, John Thomas, Paul
Richards, William Walton, Henry Cruger, and John
Watts ; and though the object of that act was a very
important one, yet very little advantage was derived
frora it.
The rise of the controversy with New-Hampshire
Avas this: — Before the year 1741, that colony was
considered as the tract granted to Mason and Gor
ges, and extending only sixty railes frora the sea-coast,
did not by many miles reach the river Connecticut.
The comraission to Mr. Benning Wentworth, Gover
nor of it, issued in that year, and declared his pro
vince to extend westward and northward, "until it
meets with his Majesty's other provinces."
On the peace of Aix-la-Chapelle in 1748, that Go
vernor conceived the design of extending his juris
diction westward to twenty miles frora Hudson's Ri
ver, because New-York had agreed with Connecticut
to such a boundary on the east ; and Massachusetts
had of late years intruded so far upon certain old pa
tents of this province, extending to thirty miles east
frora that river.
The country in the north-eastern corner of this
colony was, before the late war, almost entirely un
known, and so exposed to the incursions of the ene
my, especially after the erection of the fort at Crown
Point in 1731, that it contained scarce a single inha
bitant when Mr. Wentworth began to grant it as a
part of the province of New-Hampshire, in 1749.
Then the quarrel arose. New- York insisted upon
Connecticut River as her eastern boundary ; and af
ter several letters had passed between Mr. Clinton
and that Governor, it was agreed in July 1750, to
state their claims, exchange copies of their represen
tations, and submit to the royal decision, it being un
derstood that all intermediate grants should be sus
pended.

* In the first volume of this work, is inserted the report of the Council
in March 1753, on the pretensions of Massachusetts Bay.

150 Smiths Continuation of the [Chap. IL
IVlr. Wentworth, whose narrow views prompted
him to greater activity, stated his claim, and despatch
ed it, in a letter of the 23d of March, 1750, without
the least previous intimation to the Governor of
New-York ; and soon after, multiplied grants of the
controverted territory under the seal of New-Hamp
shire. This precipitation, which, by pressing private
interest into the maintenance of a point that might
have been otherwise settled without difficulty, is the
true origin of those disorders in that quarter of the
country. New-York afterwards exhibited its title,
when advised by the agent of the clandestine con
duct of New-Hampshire ; and to support it, and re
press the incursions of Mr. Wentworth's patentees,
was one ofthe objects Mr. Clinton had in view at the
last meeting of his Assembly. Nor could he omit the
notification ; for the agent, upon the receipt of an ex
tract from Mr. Wentworth's letter to the Lords of
Trade, from the Secretary to that Board, who had
procured time to consult his constituents, on the 18th
of February, 1753, wrote both to the Governor and
the speaker, and enclosed copies of the New-Hamp
shire application for running out the line he had set
up for a partition between the two colonies. The
sequel will show how much the unseasonable n^lect
ofthe rights ofthe colony at this juncture, was after
wards to be regretted.

1753.] History of NeivYork. 151

CHAPTER III.
From the resignation of Governor Clinton, to ihe appointment
of Sir Danvers Osborn as Governor.
Mr. Clinton was at Flushing, in Queen's County,
where he had resided the whole summer, when Sir
Danvers Osborn* arrived to succeed him in the com
mand, which was on Sunday, the 7th of October, 175'3.
He was met at Whitehall by the Council, Mayor and
Corporation, and chief citizens, and attended to the
Council Chamber ; and, in tbe absence of Mr. Clin
ton, took up bis lodging at Mr. Murray's, whose wife
was a daughter of Governor Cosby, and a distant re
lation of Sir Danvers's deceased lady, a sister to the
Earl of Halifax. Mr. Clinton waited upon him the
next day, and they both dined at an entertainment
provided by the Council. On Wednesday morning
they assembled the Council at the Fort, for adminis
tering the oaths, and then began the usual procession
for reading the commission at the Town Hall. The
indecent acclamations of the populace, stimulated by
the partizans of the late troubles, induced the old
Governor to take leave of his successor at a short
distance from the Fort, while Sir Danvers stalked
along with the Council and Magistrates, rather se
rious than cheerful, amidst the noisy shouts of a
crowded throng.
After his return to the Council Chamber, he receiA'-
ed the address of the City Corporation, of which he
had a copy, and with difficulty restrained his inten
tion of begging the alteration of a passage in it, which
he thought expressive of jealousy. The Avords were :

* Mr. Charles, in his letter pf the llth of June, 1753, informed tbe
speaker, that Sir Danvers was " a gentleman of great worth, a Member
of Parliament' for Bedfordshire, and brother-in-law to the Earl of Halifax."

152 Smiths Continuation of the [Chap. III.
« We are sufficiently assured- that your Excellency
will be as averse from countenancing, as we from
brooking, any infringements of our inestimable liber
ties, civil and religious."
These particulars are mentioned with the raore
minuteness, on account of the tragical end to which
this unfortunate gentleman was approaching. .
He told iMr. Clinton, with disapprobation of the
party exultations in his progress to and return from
the town-hall, " that he expected the like treatment
before he left the government."
While at a splendid dinner, given to the two Go
vernors and the Council by the Corporation, there
was every demonstration of joy. The city was illu
minated, cannon were discharged, and two bonfires
lighted up on the common, in the evening. Sir Dan
vers took no part in the gerieral joy. He retired ear- ^
ly in the afternoon, and continued at his lodgings,
while the whole town seeraed abandoned to every
excess of riot. The last act of Mr. Clinton's admi
nistration was the delivery to Mr. Delancey of a com
mission to be Lieutenant Governor. This had been
done in the presence of the Council, immediately af
ter he gave the seals to Sir Danvers, and it contribu
ted rauch, with the discovery now raade of Mr. Clin
ton's letter to the Lords of Trade respecting the Jer
sey claira,* to the mad transports of the populace in
the streets and commons.
Sir Danvers rose early on Thursday morning, and
before the family were about, had, alone, patrolled
* It was divulged at one of the hearings, on the 29th of May and Sth of
June, before the Board of Trade, after the objectionsby Mr. Forrester and ,
Mr. Pratt (since the celebrated Lord Camden) to the Jersey act, and to
show, that the Crown had, except some trifling quit-rents, no interest in the
controversy. The contents of the agent's letter of the 12th of June, with '
the history of those debates, were now publicly retailed, and exasperated
the New- York landholders near the contested line, for the bounds and re
servations of their patents had been authenticated under Mr. Alexander'^
oath, with information concerning their vast extent, to make unfavorable
impressions, as Mr. Clarke expresses it, upon the minds of the Lords of
Trade -, " which (says he) may possibly remain." The author transcribed
the report, of which Mr. Pratt was the penman, in the former rplume,' on
-which the Jersey act was repealed by the King.

1753.] History of Neiv- York. 153
the markets and a great part of the toAvn. He com
plained of being somcAvhat indisposed ; and at din
ner said, Avith a sraile to Mr. Delancey, " 1 believe I
shall soon leave you the governraent. I find myself una
ble to support the burden of it" He had convened the
Council in the forenoon, and appeared in some per
turbation at their first assembly, especially when he
found that Mr. Pownal, who had the key of his cabi
net, was not within. He was desirous to show them
his instructions. He informed them, that he was
strictly enjoined to insist upon the permanent indefi
nite support of government, and desired their opi
nions upon the prospect of success. There was a
general declaration, that the Assembly could not be
brought to adopt that scherae. With a distressed
countenance, and in a plaintive voice, he addressed
Mr. Smith who had not yet spoke a Avord-^" What,
sir, is your opinion .'"'—and when he heard a similar
answer, he sighed, turned about, *^reclined against the
window-frame, and exclaimed, " then what am I come
here for.-*"
In the evening he had a physician Avith him, talked
of ill health, was disconsolate, and retired to his
charaber, and at raidnight dismissed his servant.
While the house was preserved the next morning in
the utmost silence, upon an appreheUsion that he was
still asleep, an account was brought that he was
hanging dead against the fence at the lower end of
the garden. A vein was opened, but to no purpose.
The malevolence of party rage Avould not, at first,
ascribe this event to the insanity of the deceased ;
but threw out insinuations, that he had been brought
to bis end by foul means, and that the criminals
were some of those who could not suppress their joy to
see Mr. Chnton a private character and Mr, Delan
cey at the helm ; nor did these unjust suspicions soon
subside. The Council were immediately summoned to Mr.
Murray's hpuse, where the tragedy was acted, and
every circumstance inquired into, for the satisfaction
both of his relations and the Crown, and the vindica-
20

1 54 Smiths Continuation of the [Chap. III.
tion of the party led by the new Lieutenant Gover
nor to such lengths against Mr. Chnton, who was then
preparing for his voyage.
On the top of the fence was a row of large nails,
inverted, to exclude thieves from the garden, over
which he had cast a silk handkerchief tied at the op
posite ends, and had elevated his neck to it by a
small board, which was found near him over his hat
upon the ground.
After his servant left him he had consumed avast
number of private but no public papers, endorsed
others, which he preserved ; wrapped up a sum of
money, borrowed since his arrival, and directed it to
the lender. There was lying on his table a paper,
written in his own hand, quem deus vuU, perdere, pr'ms
dementat, and the Coroner's inquest believed his testi
mony, for they found him a lunatic.
A man, who before the light of that day passed the
river in a boat under the fences heard the noise of his
heels against it in his last struggles. But Mr. Pow-
nal's testimony surmounted every obstacle in the
minds of all persons of candor. This gentleman
(since so well known in the characters of Lieutenant
Governor of NeAV-Jersey, assistant to the Earl of Lout
doun in the war of 1756, Governor of Massachusetts
Bay, Commissary in Germany, and a meraber of the
British Parliaraent) came put as a guide and assistant
to Sir Danvers Osborn, and revealed the secret, thkt
the Baronet had been melancholy ever since the loss
of his lady, whom he most passionately admired,
and that he had before attempted his own life with a
razor; adding, that Lord Halifax, by whose interest
he obtained the government, bad hopes that an ho
norable and active station abroad might have de
tached him from the constant object of his anxious
attention. As it may be interesting to know every
thing relatirig to this unfortunate gentleman, and as
Mr. Smith was at that time one of the Council, and
under no bias to the party calumniated at his death,
andhis diary kept With such secresy thart none of his
pbildren ever knew, in his hfe-time, that he had one,

] 753.] History of New- York. 1 55
for the sake of truth these passages are inserted, that
the most scrupulous may be satisfied. .
" Wednesday, lOth October, 1753.
" Sir Danvers Osborn published his commission,
took the usual state oaths and that relating to trade,
and received the seals frora the hands of Governor
Clinton, who then (pursuant to an order from the
Duke of Newcastle to deliA'er the commission of Lieu
tenant Governor, before his Excellency left the go
vernment, to James Delancey, Esquire,) delivered the
same in Council accordingly, and Sir Danvers took
the oath of Governor and Chancellor, or Keeper of
the Great Seal. The commission was afterwards
published at the City-Hall. The Corporation treated
the ncAV Governor and Council at Burns's ; and the
Avhole was conducted and the day and evening spent
with excessive shoutings ; two bonfires, illuminations,
ringing of the church bells in the city, drunkenness,
arid other excessive demonstrations of joy.
" Thursday, llth October.
" Sir Danvers appeared very uneasy in Council.
" Friday, \2th October.
" Alarmed by the door-keeper of the Council about
eight o'clock, desiring me to corae to Mr. Murray's,
saying, ' the Governor had hanged himself Went, and
found it awfully true. He had been fpund in Mr.
Murray's garden hanging in his handkerchief fasten
ed to the nails at the top of the fence. Oh the first
discovery, his body was found quite cold, and upon
two incisions no blood issued. He was brought irito
the house and laid on the bedstead, where I saw him,
a woful spectacle of human frailty and of the wretch
edness of man, when left to himself The Council
went from Mr. Murray's to the fort, where Chief Jus
tice Delancey published his comraission, and took the
Oaths in our presence, and received the commission
of Sir Danvers and seals and instructions, by order
of Council, from Thomas Pownal, Esq.; but took not

156 Smiths Continuation of the [Chap. III.
the oath of Chancellor, lest it might supersede his
commission of Chief Justice, till this point be consi-
dered. His commission, after it was read in Council,
was published only before the fort gate, without any
parade or show, because of the melancholy event of
this day.
" The character of Sir Danvers Osborn, Baronet, of
Chicksands in the county of Bedford, as far as I could
observe, having been every day since his arrival with
him, was this — he was a man of good sense, great
modesty, and of a genteel and courteous behavior.
He appeared very cautious in the wording of the
oaths, particularly for observing the laws of trade en
joined by the statute of 7th and 8th William III. He
appeared a very conscientious man to all the Coun
cil in that particular. A point of honor and duty, in
SL foreseen difficulty to reconcile his conduct with his
Majesty's instructions, very probably gave his heart
a fatal stab, and produced that terrible disorder in
his mind which occasioned his laying violent hands
on himself
" He was found betAveen seven and eight in the
morning hanging about eighteen inches from the
ground, and had been probably some hours dead.
His Secretary told me, this morning, he had often
said to him, he wished he was Governor in his stead. He
or somebody else desired me to observe the ashes in
the chimney of his bed-room, as being necessary to
be observed to excuse his producing of any papers
that might be expected to be produced by him, and
he showed me two pocket-books in which there .was
nothing remaining. - He said, that Avhen the copy of
the Episcopal Church address was shown yesterday,
he observed to Sir Danvers, that he would have an
opportunity here, by going to church, to act accord
ing to his own mind, and that he (the Secretary) with
tbe gentlemen should wait on him. To whiich (says
Mr. PoAviial) he gave me this shocking answer, 'you
may, but /shall go tO my grave.'
"A committee of Mr. Alexander, Mr. Chambers,
and the Mayor, are appointed to take depositions

1753.] History of New-York. 157
concerning the facts and circumstances attending his
death. The jury have found Sir Danvers (as is said)
non compos mentis. Mr. Barclay* was sent for into
Council to desire hira to read the burial service. He
objected, as the letter of the rubric forbids the read
ing it over any that lay violent hands on themselves.
Agreed in Council, that the meaning ought to be re
garded raore than the words. I said, qui hseret in li-
tere, baeret in cortice, and if the jury on inquest found
Sir Danvers non compos, his corpse had as much
right to Christian burial as the corpse of a man who
had died in a high fever. This seeraed to satisfy Mr.
Barclay coraing frora rae,. seeraing with raore of his
regard, than if it had come from another.! He said,
he had not any scruples of conscience, but he desired
to avoid censure, as we have people of different opi
nions araongst us.
" Sabbath, lifh October, 1 753.
" Last evening attended the funeral of Sir Danvers
Osborn, as a bearer, with five others of the Council
and Mr. Justice Horsraanden and Mr. Attorney Ge
neral ; and this day, in the old English Church, heard
a serraon frora Hebr. 10th chap, 24th verse — ' and let
us consider one another, to ; provoke unto love and to good
worksJ "
Mr. Clinton had no sogner given up the reins than
he retired to the west end of Long Island, from
whence he embarked, but not till he had suffered the
keenest mortification under the late unexpected vi
cissitudes; for he not only heard himself execrated,
and saw his enemy advanced and applauded, but was
a witness to the ungrateful desertions of ^ome of

* This gentleman, whoserved as a Missionary to the Mohawks, was, on
tbe death of' Mf. Vesey in 1746, called to be Rector of Trinity Church in
the metropolis. His arrears of 20 pounds were provided for inthe support
bill of that year, and ther.e has been no provincial allowance since that
time towards the propagation of Christianity among the Indians. '
f Mr. Smith Vas a member of the Presbyterian 'cbugregatiiin iu com-
mtmionvrith tbe Church of Scotland. • ., ;,

1 58 Smiths Continuation of the [Chap. IIL
those he had raised and obliged. He had, neverthe
less, the spirit to reject some insidious advancements
made by Mr. Delancey towards a reconciliation ; and
thus parting foes, that artful politician who could
not win him by blandishment, resolved to parry his
resentments and enervate his testimpny, by loading
him Avith disgrace. Thus he cut hira out work when
he arrived in England for the defence of hiniself
He sailed in the Arundel about the; beginning of No
vember. Easy in his teraper, but incapable of busi
ness, he was always obliged to rely upon sorae favo
rite. In a province given to hospitality, he erred by
imrauring hiraself in the fort, or retiring to a grotto in
the country, where his time was spent with his bottle
and a little trifling circle, who played billiards with
his lady and lived upon his bounty. His manner of
living was the very reverse of that requisite to raise a
party or make friends. He was seldom abroad ; many
of the citizens never saw him ; he did not even attend
divine worship above three or four times during his
Avhole administration. His capital error was grati*
lying Mr. Delancey Avith a coraraission, which ren
dered hira independent arid assuming, and then re
posing equal confidence in Colden, who was inter
ested in procuring his recall, or renderingthe country
his abhorrence. He saw that event, and, to prepare
for it, ventured upon, measdres that exposed hira to
censure. Mrs. Chnton prorapted her husband, whose
good nature gave place to her superior understand
ing, to every plausible device for enhancing the pro
fits of his governraerit He soraetiraes took raoney
for offices, and sold even the reversions of such that
Avere raerely rainisterial. He set the precedent for
the high fees since demanded for land patents, and
boldly relied upon the interest of his patrons to
screen hira frora reprehension. He becarae after
wards Governor of Greenwich Hospital. It was a
shreAvd observation made by Col. Choat to the author,
at Sheffield, in May 1755, on the controversy line be
tween this colony and the Massachusetts Bay, that
Mr. Clinton was of all others the man we should have

1753.] History of New-York. 159
Avished for our GoA'emor; iorhis bottle and a present,
he would have granted you every thing within the
sphere of his comraission ; but by joining Delancey,
you became the dupes of private ambition, and
brought your colony, through the Newcastle interest,
into disgrace with the Crown. Mr. Clinton's accounts
for expenditures, in consequence of the Duke's orders
of 1746, amounted to eighty-four thousand pounds
sterling; and it was supposed that the Governor re
turned to England with a fortune very httle short of
that sura.
The arabition and strife of Colden and Delancey
gave rise to the new instruction, which arrived here
without any previous intimation, for the ministry had
eluded the vigilance of the agent, who so late as the
llth of June informed the speaker, that the repre
sentations of the Lords of Trade, on Avhich it was
undoubtedly founded, was still unproceeded upon in
CounciL The thirty-ninth article recited, that great disputes
had subsisted between the several branches of the
legislature, the peace of the province had been dis
turbed, government subverted, justice obstructed, and
the prerogative trampled upon ; that the Assembly
had refused to comply with the commission and in
structions respecting money raised for the supply and
support of government, had assumed the disposal of
public money, the nomination of officers, and the di
rection of the militia and other troops ; that some of
the, Council, contrary to their duty, allegiance, and
trust, had concurred with thera in these unAvarranta-
ble measures ; and, therefore, it enjoined the Com
mander-in-chief, to endeaA'or to quiet the n^inds of
the people, to call the Council and Assembly toge
ther, and in the strongest and most solemn manner
to declare the King's high displeasure for their neg
lect and contempt, to exact due obedience, to recede
from all encroachtnents, to deraean, themselves peace
ably, to consider without delay of a proper law for
a, permanent revenue, solid, indefinite, and without limita
tion, giving salaries to all Governors, Judges, Justices,

J 60 Smiths Continuation ofthe [Chap. IIL
and other necessary officers and ministers of govern
ment, for erecting and repairing fortifications, annual
presents to the Indians and the expense attending
them ; " and, in general, for all such other charges of
government as raay be fixed or ascertained." It then
perraits temporary laws for temporary services, ex
piring when these shall cease ; but such laws, also,
are to be consistent with the prerogative royal, the
coriimission, and instructions. It also directs, that all
money raised for the supply and support of govern
ment, or for temporary emergencies, be applied to
the services for which it was raised, no otherwise
than by the Governor's warrant, Avith the advice and
consent of the Council ; not allowing the Asseriably
to examine any accounts ; and afterwards it com
mands, that if any Counsellor, or other CroAA'n officer
in a place of trust or profit, shall assent, advise, or
concur with the Asserably for lessening the preroga- ,
tive, or raising or disposing money in any other me
thod, the Governor shall suspend the offender and re
port it to the Board of Trade. By the 47th, the Go
vernor was prohibited from assenting to a law where
by any gift was made to him by the Assembly, in any
other manner than above mentioned. 48th, allowed
him to take a salary of twelve hundred pounds ster
ling per annum. 49th, to receive a further sum, pro
vided it be settled on himself and his successors, or
during the whole of his administration, and that within
a year after his arrival. 50th, required the three last
tolie communicated to the Assembly at the first meet
ing of the Asserably after Sir Danvers Osborn's ar-
rivaL and to be entered in the registers both of the
Council and Assembly.
Upon the supposition that the Council and Assem
bly would obstinately resist the execution of these
commands, of which Sir Danvers Osborn could not
doubt, he raust have perceived that his administration
Avould not only prove destructive to his private for
tune; but draw upon him the general odium of the
country, and excite tumults dangerous to his personal
safety.

1753.], History of New-York. 161
The Council at this period were —
Messrs. Colden, Messrs. Rutherford,
Alexander, Holland,
Kennedy, Johnson,
Delancey, Chambers,
Clarke, Junior, Smith.
Murray,
Of these Mr. Alexander and Mr. Smith, as the ori
ginal projectors of the modern scheme of an annual
support, and Mr. Delancey and Mr. Murray, as the
subsequent fautors of that measure, and Mr. Justice
Chambers, who held his office, as well as the Chief
Justice, during good behavior, must have iraraediate
ly lost their places at the Council Board: and Mr.
Secretary Clarke residing in England, the Governor's
reliance in that branch of the Legislature could only
have extended to Mr. Colden, Mr* Kennedy, the
Collector pf the Customs and Receiver General of
the royal rents, Mr. Rutherford, a Captain of one of
the independent companies, Mr. Holland, Mayor of
the capital, Mr. Johnson, then Colonel of the militia
and residing in the Indian country : nor was it cer
tain that even those four last mentioned would have
preferred their offices to their patriotism and the ab
horrence of the multitude : and AA-ben the sanction
for infusing obedie^ge came to be applied to the As
serably, the tumult would extend, not only to the de
pluming of nine of the twenty-seven from' their rank
in the railitia, but many others, who were Judges and
Justices oi the inferior courts ; to say nothing of
their relations and friends and other public officers,
in a variety of stations, in all parts of the province,
who might interfere in supporting them, and fall un
der the character of their advisers. Besides, it Avas
imagined by some, that the instruction was designed
for the removal also of the Judges, and to bring the
question to a trial — whether Mr. Clinton had au
thority to give thera freeholds in (heir places .-* — a
point of law ultimately cognizable before his Majes
ty in Privy Council; and because attended with dan
gerous consequences, not improbably one of the rao-

162 Smiths Continuation ofthe [Chap. IJL
tives of administration in raising Mr. Delancey to the
place of Lieutenant Governor, that the ambition of
the demagogue might be pre-engaged into the service
and aims of the ministry.

CHAPTER IV.
From the Death of Sir Danvers Osborn to the accession, of
Lieutenant Governor Delancey.
But the death of Sir Danvers Osborn dispelled the
impending storm ; and Dr. Colden who had retired
to the country in disgust, cheated by his friends and
disappointed by tne administration, and whose only
consolation, under the scoff of bis enemies and the ge
neral contempt of the people, was the vain belief that
he had spread a net to entangle his old rival, Avas
soon after doubly mortified to see him elude it by
his craft, and the deep laid plan itself vanish like a
bubble. Mr. Delancey's path was a plain one. He must,
indeed, resign the hope of a saj^y for one or per
haps two or three years, but the arrears Avould not
be lost, if he could save his station. He had to pre
serve that Assembly — rebuke them publicly, for not
obeying the instructions — and privately confederate
Avith them, not only to remonstrate against them, but
to impeach Mr. Clinton and blunt the edge of his ac
cusations. And while this farce Avas acting, he had
nothing to dread from the Council, none of them ap
proving while others were averse from the indefinite
support ; Mr. Colden excepted, Avho became irrecon
cileable to the late Governor by the private scheme
lo exalt Mr. Morris, and therefore not disposed, nor,
by his retreat, in a situation, if willing, to tell any
thing on the other side ofthe water, for the gratificM-
iion of Mr. Clinton's revens:e. TO ¦

1753.] History of New-York. 163
When Mr. Delancey had been sufficiently regaled
by the incense of the most fulsome adulation, pro
moted by his friends, from all ranks and classes, to
preserve his popularity on one side of the water, and
render it useful to him and his party on both, he con
vened the Assembly, and on the 31st of October, be
fore Mr. Clinton's departure, made a speech, lament
ing the death of Sir Danvers as a public loss, because
he had birth, a liberal education, and a distinguished
character ; comraunicated a copy of the obnoxious
instructions, that they raight thus be informed of his
Majesty's displeasure ; asked provision for repairing
the city fortifications and the trading house at Oswe
go ; recommended the preservation of the Indian al
liance ; condemned the farming of the excise ; ad
vised to train the people to arms, by a Avell regulated
militia law ;* applauded the late act for inspecting
flour; urged to the prevention of frauds, in the ex
portation of beef, pork, and other commodities ; and
to give appearance of zeal at court, earnestly pressed
it upon them, to frame their bills for supporting the
governraent in such a manner as the royal instructions
required ; observing, very sagaciously indeed, " that
by our excellent constitution the executive power is
lodged in the Crown," but unfairly adding, (since, as
a lawyer, he knew his doctrine asserted in general
terms to be unsound) that the legal course for abuses
of power was by application to the CroAvn ; which was
an abuse of their confidence, public officers being in
many instances indictable by a grand jury, and that
the annual support had been substituted in this pro
vince, to supply the wants of relief in some cases,
for which the laws of England prescribe an impeach
ment. The Asserably, after condoling the death of the,late
Governor, exult in the succession by a person of his

* A militia law is generally favored both by Governors and the As
sembly, as it serves the latter in elections, and the former by gratifying
the members at whose instance the militia officers are ordinarily ap
pointed.

164 Smiths Continuation of the [Chap. IV.
known abilities and just principles, and declare them-
selves extreraely surprised to find the colony had
been so mahciously misrepresented; they boast , of
their attachment to the Crown ; are at a loss for in
stances of disorder, except in the obstruction or per
version of public justice by Mr. Clinton's orders, to
stop the course of the law in Dutchess county-^his
appointing Judges and justices of ill fame and ex
treme ignorance, one prosecuted for perjury whom
he rewarded, they say, with the office of Assistant
Judge, and others who were so illiterate as not to be
able to write their names; that instead of assuming
the direction of the militia, they had declined med
dling with it ; they had not the most distant thought
of injuring the just prerogatives of the CroAA'n; that
the present mode of raising aud issuing public mo
ney had been practised for sixteen years, and they
hoped for his assent io bills according to the usual
course ; that nothing should be Avanting to promote
the King's service and render his administration easy
and happy.
He echoes back their testimony in favor of the loy
alty of the people, having, in riding the circuits for
twenty years, observed not an instance of disaffection,
and promises to remove such officers as they com
plain of; but, Avith respect to bis assent to their bills,
he engages his concurrence, if they are framed in
such a raanner as his Majesty expects.
They proceeded to a variety of acts, in the fullest
confidence of their being passed ; and, for form sake,
among the rest sent up the annual support bill to the
Council, and stimulated them for information con
cerning its progress, but were ansAvered immediately
thatit Avas rejected.*
* On the 29th November, twelve days before tbe Council's negative, Mr.
Jones writes to the agent : "You will doubtless, before this reaches you,
hear of the sudden and surprising death of Sir Danvers Osborn, and of
the government's being thereby devolved on Mr. Delancey, onr Chief Jus
tice. Under this administration we conceived great hopesj thatallformer
disputes would have subsided ; but, unluckily for this unhappy colony, the
instructions Sir Danvers brought with him, with respect to the issuing bills
'ibr raising and issuing public mpney, are such, that, I think, no General

1753.] History of New-York. 165
He had every proof of their willingness to oblige
him. Upon a message, with Lord Holdernesse's let
ter, advising of an intended encroachment of the
French and Indians, they resolved to assist the neigh
boring colonies ; to resist force by force, in case of
any invasion ; carried on sham process for punishing
a printer, who had republished in a newspaper that
part of their journals containing the thirty-ninth in
struction, only the substance of which he was or
dered to reveaL They also voted him a salary
of fifteen hundred and sixty pounds, a larger sum
than ever was given to any former Lieutenant Go
vernor, and equal to Mr. Clinton's alloAvance; eight
hundred pounds raore for Indian presents ; one hun
dred and fifty pounds for his voyage to Albany ; four
hundred pounds for fuel and lights to the garrison ;
his arrears as chief justice to the 12th of October;
and after the rejection ofthe support bill, bound
themselves for the expenses of his voyage and the
presents he might distribute to the Indians. While
the Lieutenant Governor, on the other hand, conspir
ed Avith them in appointing counsel to defend a quan
tity of powder in the province stores, seized by Mr.
Kennedy, who was a friend to the late Governor, and
struck at for seizing it as contraband ; passed fifteen
popular laws, and continued the session till they had
perfected a complaint to the King, and a representa
tion to the Lords of Trade, against Mr. Clinton ; ten
derly remarking before they parted, that they " must
be sensible they had not acted in compliance with
his Majesty's royal instructions ;" and " that he hop
ed, after consulting their constituents, they would, at
their next raeeting, bring with thera such dispositions
as would effectually proraote the public service, and
then proceed with a due regard to what his Majesty

Assembly will comply with them ; and, therefore, I apprehend that no law
will be passed for the application of public money this session, nor Gover-
Aor or Council recede without permission."

166 Smiths Continuation ofthe ' [Chap. IV.
justly expected from them, and thereby recomraend
themselves to his royal grace and favor."
The address is a short declaration to the King of
their abhorrence of those groundless imputations of
disloyalty, most falsely and maliciously " reported to
him." " Surely none but raen destitute of justice,
honor, and veracity, would represent us in a light so
distant from truth." It concludes with warm profes
sions of loyalty and affection, roundly afllirraing, " that
there is not a native of the colony who would not
cheerfully hazard his life, fortune, and all that is dear
to him in the defence of his person, family, and go
vernraent." But their coraplaiht to the Plantation of
fice is a verbose, angry attack upon the late Gover
nor, and is so artless and unguarded as to reproach
their Lordships by their representation to the King.
Relative to the late disputes, they assert, that they
arose from the mal-adrainistration of Mr. Clinton, who
had maligned the colony to escape the censure him
self deserved ; it incautiously alleges, that, during
Mr. Clarke's tirae, the peace ofthe colony was undis
turbed, no discord between the branches of the Le
gislature, no accusations of the Assembly's assuming
the executive or trampling upon the prerogative ; that
there were no animosities in the first three years of
Mr. Clinton's administration, though the public mea
sures were then what they had been since. They
then offer to prove — that Mr. Clinton was interested
in privateers, and hired out the cannon given by the
King for the use of the colony ; that Saratoga was
lost by his Avithdrawing the troops to gain benefits by
his independent company, and to the loss of the lives
of many others of the King's subjects; that he was
the cause of the Indian disaffection, by embezzling a
great proportion of the presents raised to secure their
friendship ; that he demanded subsistence and pro
visions for two Indian companies, under Colonels and
other oflScers of his appointing, when no such compa
nies ever really existed ; that he granted extravagant
tracts of land, and exacted twelve pounds ten shil
lings for every thousand acres, in the remote parts of

1753.] History of New-York. 167
the colony, " besides reserving considerable shares
in the grants to hiraself, by inserting fictitious names,"
to the discouragement of settlements, and the weak
ening of the northern frontiers, expensively and diffi
cultly defended ; that he obstructed the course of
justice, by letters to the Judges and other officers of
Dutchess county to delay proceedings, and to the
Sheriff not to execute process in causes merely civil,
and by secreting an infornaation filed by the Attorney
General against a person presented by the Grand
Jury for perjury, and afterwards making that very
man an Assistant Judge of the Court of Common
Pleas, and a Colonel of the militia of W estchester
county, though informed by a member of the Legis
lature ; that he openly sold offices, civil and military,
and the reversions of some ; that he made frequent,
long, and causeless prorogations, and suffered the
duties for the support of governraent to expire ; that
he " commissionated'''' ignorant and illiterate officers,
some not able to write their names, and one to a Co
lonelcy in a northern county, suspected of being at
tached to the French interest during the Avar, and
misrepresented the dispute to their Lordships, touch
ing the limits of this and the province of NcAv-Jersey ;
and these they assert to be the true grounds of the
dissatisfaction during his administration. They al
leged, that the charge of assuming the direction of
the railitia is absolutely false, and that for several of
his last years, he never mentioned the militia to the
Assembly. On the great subject of the mode of support bills,
the reader shall have their own words. " We further
beg leave to assure your Lordships, that as it is our
duty and interest, so it is our hearty inclination, to
do every thing we can conceive that may contribute
to his Majesty's service and the good of this colony,
which we look upon as inseparably connected ; and
therefore should have raised a provision for the sup
port of government, in the manner signified by that
instruction, but that the raising a support of many
vears has, by long experience, been found to be much

168 Smiths Continuation of the [Chap. IVj
more hurtful to his Majesty's interest, by giving per
petual occasion for disputes and contentions between
Covernors and Asserabhes, than the method pursued
for these sixteen or seventeen years last past. Had
we indeed the happiness to be under his Majesty's
care and inspection, we should think it our duty to
to raise a support in the manner insisted upon in that
instruction. But, unhappily for us, that is not our
good fortune : Ave are under Governors, appointed by
his Majesty, at a great distance frora him and his im
mediate inspection, and who, as your Lordships must
be acquainted, having no inheritance in the province,
very often consider the governraent as a post of
profit, which they hold by an uncertain tenure ; and
therefore, as it regards not thera in what condition
they leave the province upon their reraoval, instead
of applying the monies raised for the necessities of
governraent to the uses they were designed, have
only been anxious to inA-^ent ways and raeans to con
vert as much as possible to their own private use and
benefit. That this has been the case of raost Gover
nors here, the Asserabhes of, this province have, by
the raaiiy contentions which have subsisted on this'
head, been but too sensible of, to the great and ma
nifest detriment of his Majesty's service, and the good ,
of this province ; Avhich sufficiently convinces us, that
it is not for the interest of his Majesty and for the
public good of this colony, to raise a support in any
other raanner than has been done for sixteen or se
venteen years past, whatever it may be for the pri
vate interest of a Governor."
They then accuse Mr. Clinton, and probably with
the agent's* bint of inattention to the Indians, who

* In his letter of the 6th September, 1753, there is this clause : " I can
not avoid acquainting you with the concern it gave me to read, at the
Board of Trade, the minutes of a late conference at New-York with se
venteen Mohawk Indians, who went away not only expressing their dissa
tisfaction, but resentment. As their errand appears to me to have been
principally about land, I am in hopes" they had no authority to speak on
puhlici subjects; such as the hatchet and rod, and that they will be disco
vered (herein by the Six Nations. I shall be anxious to know the success
of the Cbtlillussioners deputed to treat, with them, being very sensible of '
the critical posture of affairs with respect to the Indiaos and others.''

1753.] History of New-York. 16!p
were at New-York in June last, Avhile the Assembly
Avere sitting at Jamaica ; and add, what does not ap
pear in the journal, that the speaker, by letter to Mn
Clinton on the order of the House, besought him to
promise them a meeting at Albany, a distribution of
presents, and a redress of grievances ; that he would
make Hendrick, the chief sachem of the MohaAvks, a
present, and that the House Avould provide for these
expenses and the maintenance of those Indians ; that
the Governor, nevertheless, dismissed them with(^ut
any thing; and they were on the way on foot, with their
baggage on their backs, Avhen met by a gentleman
from Albany, Avho, out of his own pocket, provided
thera a passage by water, and the House had reim
bursed him, Avith thanks : and this they urged as a
proof both of his neglect and contempt ofthe Indians.
As a vindication of themselves frora the charge of
reraissness respecting Indian and other affairs, they
add, that- they had subjected the colony to a tax of
above eighty-one thousand pounds, without deriving,
as sorae other colonies had, any recompense frora the
Crown. The whole concludes Afcith their favorite ex
pression of a readiness "to hazard their lives, for
tunes, and all that is dear to them, against all the
King's enemies whatsoever.''''
The transmission of the address to the King Avas
entrusted to the Lieutenant Governor, and a copy,
with the impeachment, enclosed by the speaker to
Mr. Charles, on the 13th of December, the day after
the session, in a letter containing the following pas
sages : —
" As I hinted before, no bill for the application of
money has passed either the Council or Governor,
and I apprehend that none will pass, until there be a
countermand of orders from your side of the water.
We have, however, contrived to procure a remittance
for you of two hundred pounds sterling, which Ave
hope will discharge your engagements. As to the
Jersey affair, we think it his Majesty's right to ascer
tain the limits of his colonies ; and if the stations be
OnCe settled with you, we shall soon agree about run-
2S

170 Smiths Continuation of the [Chap. IV.
ning the lines. We expect it will not be long before
the colonies of Massachusetts Bay and New-Hamp
shire will come upon the stage in the sarae respect.
It seems highly necessary that his Majesty should as
certain the boundaries of all his colonies, to prevent
disputes among his subjects here, for we apprehend
they will never agree among themselves." Again :
" That party spirit which appeared among us during
Mr. Chnton's adrainistration, seeras to be vanished,
and there appears a great inclination to unanimity
among all the branches ofthe Legislature. You have
herewith, the remaining parts of the minutes of our
House in this present session, and the AA'hole of last
session. You have also herewith a representation
from us, to be laid before the Lords Coraraissioners
for Trade and Plantations. Your own discretion will
indicate to you how you are to manage the affairs.
We expect to hear from you as quick as possible.
Take particular notice of our address in our session
at Jamaica, on Nassau Island, where we press Mr.
Clinton to meet the Indians at Albany." By one of
the acts of this session, the importation and passing
of counterfeit British .halfpence, and the very pos
sessing them, was prohibited, under severe penalties ;
power given to search for them; and all disputes
respecting thera trusted, under forty shillings, to the
summary hearing and description of one magistrate,
and above that sum, to him and tAvo freeholders of
his choice. There was at this time an inundation of
copper money, but it was not thought safe and expe
dient to venture a law against any but the adultera
ted coin. To bring it, however, into discredit, with
out giving umbrage to Great Britain, the House re
solved, on the last day of this session, that they
would proceed at their next to ascertain the value of
halfpence and farthings. The merchants in the Con
federacy immediately gave their vote its effect, by
subscribing an agreement not to receive or pay this
species, of money, but at fourteen coppers halfpence
to the shilling; and the practice prevailed univer
sally, after one inconsiderable riot by the mob, in

1754.] History of New-York. I7l
which the Lieutenant Governor assisted the magis
trates in apprehending the chief rioters, who Avere
punished for the ineffectual tumult they had raised
in the capital. The policy of multiplying such sum
mary tribunals, was questioned by the zealous advo-
votes of the old trial by jury; and there Avere some
Avho animadverted upon the Lieutenant Governor's
agency respecting this species of coin, as what would
in Mr. Clinton have been represented worthy of re
prehension frora the Crown.*
In the raonth of March 1751, nearly six hundred
pounds were raised, towards promoting a spirit of in
quiry araong the people by a loan of the books to
non-subscribers. The project Avas started at an
evening convention of a few private friends : Messrs.
Philip Livingston, William Alexander (afterwards
known by the title of the Earl of Stirling), Robert R.
Livingston, William Livingston, John Morin Scott,
and one other person. To engage all parties in the
subscription, it was carried first to the Lieutenant
Governor and the Council. The Trustees of the in
stitution were annually eligible by the subscribers,
and had the disposition of the contribution, with the
appointment of the Librarian and Clerk. Every pro
prietor was to pay the yearly sura of ten shillings;
and thus a foundation avbs laid for an institution orna
mental to the metropolis, and of utility to the whole
colony ; for the remote object of the projectors was
an incorporation by royal charter, and the erection
of an edifice, at some future day, for a Museum and
Observatory, as well as a Library. Hitherto it con
sisted of valuable books in our own language only,
which were deposited in the Town Hall, under the
care of a Librarian. The number, by the arinual
subscriptions, is at present considerably increased ;

* It was not till this day (12th December) that mortgages were subject
ed to a public registry for the prevention of frauds ; but the act now passed,
though a useful one, did not reach all the mischiefs intended to be prevent
ed, lb disputes concerning their property, i\ie first registered is to be the
first paid.

172 Smiths Continuation of the [Chap. IV,
but Governor Tryon lately gave the Trustees a char
ter, which it wanted, to invite to the donations neces
sary to accomphsh the liberal aim of the promoters
ofthe subscription, Avho found some obstacles at first
from the low state of science, and the narrow views
and jealousies of sectarian zeaL
About this time, the continent was alarmed by the
attempts of the French to erect forts on the Ohio.
Virginia, as most iraraediately concerned, took the
first measures for defence. Mr. Dinwiddle, their Go
vernor, resolved to fortify the pass of Monongahela,
and called upon the sister colonies for aid. Circular
letters arrived soon after from the Ministry, requir
ing a Congress at Albany, for treating with our Indian
allies, and concerting a united plan to defeat the
French aim of engrossing the interior country, and,
by a chain efforts, to restrict the British settlements
to the sea-coasts, dr at some distant day, to acquire
the exclusive dominion of the continent A design
this of vast magnitude, but not difficult to accomplish,
if France had at that day the sagacity to have pre
ceded her fortifications by the less suspicious trans
portation of a fcAv thousand emigrants from her
populous dominions in Europe, to the rich and fertile
banks ofthe lakes and rivers, of which, to our shame
be it remembered, we had no knoAvledge, except by
the books and maps of her missionaries and gep-
grapliers. These events had no ill aspect upon the resistance
of the Assembly to the scheme of an indefinite sup
port ; and yet they met on the 9th of April, 1754, in
ill temper, because they had no advices to flatter
them with the hope of gratifying their revenge upon
the late Governor ; and while some conceived that
Jnanifestations of liberahty and zeal, others were of
opinion that testiness and parsimony, Avould be most
hkely to procure the Avished-for success.
The Lieutenant Governor very naturally adopted
the sentiments of the first class, and bore with some
impatience the contradictions of the other, which
was inauspicious to that favor AA'hich he meant to

1754.] History of New-York. 173
cultivate with his superiors, and render consistent, if
possible, with his popular dominion.
The speech apprised them of the French designs ;
of the , spirit of Virginia ; of her request for aid in the
coramon cause ; of the royal expectation, signified by
the Earl of Holdernesse ; and demanded not only
supplies for transporting two ofthe independent com
panies to Virginia, fortifying the frontiers, strengthen
ing Oswego, and treating with the six cantons, but
that they should take a part in every expense condu
cive to the public utility.
The Assembly admitted that the defence was a
common concern ; applauded the vigor of Virginia
— but complained of the desolations of the last war,
and the expenditure of eighty thousand pounds, for a
part of which they were still in debt and under taxes,
and of the burthen of erecting and supporting their
own fortifications in New-York, Albany, Fort Hunter,
Schenectady, and Oswego ; reminded him of their
vote of credit at the last session, for one thousand
pounds to our OAvn Indians, and his expenses at the
intended treaty; declared that they are able only to
forward the two regular corapanies ; and, after paint
ing the designs of France in terras adapted to raise
the popular resentraent, they conclude with applaud
ing the energy and success of his half year's adrainis
tration; for which he thanked thera, but with renew
ed iraportunities for the supplies, that they might the
more effectually recommend the colony to the Crown.
They then voted a thousand pounds to Virginia,
four hundred and fifty-six pounds for an additional
garrison at OsAvego, and allowed for Indian presents
and the expense of the treaty, eleven hundred and
twenty pounds : they engaged to reimburse the ne
cessary charge of repairing Oswego, and to bear
their part in the erection of new forts on the frontiers
for the common defence. But when he reminded
them of their former resolution, to repel force by
force, and that it had raised the expectations of the
Crown, they evasively resolved, that it did not ap
pear clear to them that any of the King''s colonies were

174 Smiths Continuation of the [Chap. IV-
invaded ; Avhich drew frora the Lieutenant Governor
a message to inform thera, that the French forts were
erected in a country of the Eries, a nation extirpated
by the confederate cantons, who, by the treaty of
Utrecht, are to be considered as the subjects of Great
Britain; and he ventured a conjecture that the
French forts were constructed within the liraits of
Pennsylvania.* They could not, however, be induced to enlarge
their contribution to Virginia ; and had already sent
up the bill to raise the sums voted for supplies, with
out any regard to the thirty-ninth instruction. The
Council, perceiving that the sums were issuable by
the Treasurer upon the receipts, and not by warrants
from the Lieutenant Governor with their consent,
asked a conference, to Avhich, as a money bill, the
Assembly could not consent
In this exigency Mr. Delancey passed the bills
that were ready, and prorogued the Assembly till the
next day; when, after artfully informing the whole
province by a speech, that the Council bad rejected
their bill because they thought it their duty^to insist
on a conformity with the royal instructions, he de
clared his hopes that they would make the neces
sary provision in a manner that might lay the Coun
cil under no difficulty, and urged both unanimity and
despatch. To this they answer in an address, asserting that
the delay was not chargeable upon them, their bill
being agreeably " to a raethod long pursued, settled
Avith, and soleranly agreed to, by the late Governor

* Can there be a clearer proof of our infancy or negligence, than to find
the Legislature at a loss to adjust a geographical question respecting a
country so near our old maritime settlements ! And does it not reflect
disgrace upon the whole nation, that no attempt has been since made to
explore the exterior parts of the continent, at the pubhc expense.? AVe
have added nothing to the French discoveries by our conquest of Cariada;
though it would have become so opulent a people to have penetrated the
wilderness before this day, not only to determine its breadth and explore
its wealth, but open new objects to the view of moral as well as natural
philosophy. This has since been done by Sir Alexander M'Kenzie,-from
Canada, and by Clarke apd others, by the authority of the United States.

1754.] History of New-York. 175
Clinton;" but promise, on "this pressing occasion,
in pure regard to his Majesty's service and the inter
est ofthe country, tb endeavor to frame a bill in such
a manner as raay obviate the objections lately made."
And as an evidence of their concord with the Lieu
tenant Governor, which they doubtless wished to
have known, they now sent hira a previous copy of
the address, for he gave it an immediate written re
ply ; and proceeded, before the renovation of the bill
of supplies, to vote the articles of which it was to
consist, but left out the aid of one thousand pounds
to Virginia.
Thus a door was opened for other messages and
addresses, for expressing his and their zeal for the
King's service ; for, on the 4th of May, he animad
verted upon the resolves, and observed, that since
they had lately voted the one thousand pounds as
necessary, the omission of that bounty would now be
disadvantageous to their reputation: and after hold
ing up the Council once rriore to the public, by re
peating that they were moved by their attachment
to the instruction in rejecting the late bill, he be
seeches them to reflect " how far a delay or disap
pointment of this service raay be chargeable, upon
them." The address of the same day, of which he again
had a copy, how roundly asserts, what was only hint
ed at before, that the Council, and not they, are an
swerable for the delay; lamented that they could
not gratify their inclinations consistently Avith the in
terests oftheir constituents; denied their omission
to be a breach of their engageraent, because they do
not estiraate their contribution to Virginia among the
proraised provisions, conceiving, as they do, that they
are not indispensably necessary : they sullenly con
clude with a request that they may be dismissed, to
go horae to their farailies.
The Governor had now an opportunity to argue
upon the extent of their proraise, which he did in an
other raessage of the sarae afternoon, and Avith sorae
seeming resentment, and a menace of representing

176 Smiths Continuation of the [Chap. IV.
their conduct to the King. But without waiting for
the effect, as if it was calculated raore to recomraend
himself to the King's Ministers than to persuade them,
who wanted some excuse to the people for comply
ing with the instructions to serve him, iraraediately
after that message, he passed the bills,* and broke up
the session by a prorogation on the 4th of May.
One design of these altercations seems to have
been, to give the Lieutenant Governor a dominipn
over the Council, the majority of whom were not in
the interest of that party of which he had so long
been the leader. Before the conference proposed
on the bill lost by the prorogation, the Lieutenant
Governor, thinking the Council raight be influenced
by the emergency, came in araongst them, and advis
ed their yielding to the humor of the Asserably. One
of thera shrewdly asked hira, " what then Avill become
of us .J^" He answered with a sraile, " I will suspend
you, according to the instruction, and then pass the
bill, and restore you to your places." But what con
founded the politician, was a proposal of Mr. Alex
ander and Mr. Smith, to escape the dilemma by lend
ing the money which the bill was to raise, on a reli
ance upon the generosity of the public. He left them,
saying that he would hiraself make the loan, if he did
not succeed with the House. This prorogation gave
place for originating a second bill, which passed into
a law. It was at this session that Mr. Delancey intimated
his design of running a temporary line between this
and the province of NcAv-Jersey, asking the House to
defray the expenses of it : nor is it a mean proof of
his influence, that he in the sarae message requested
a further sum for adjusting the partition with Massa
chusetts Bay — not by the Coraraissioners appointed '
by the late act, but of his own nominating, with the
advice of the Council, who were to meet others from

* One under the title of " An act fof the payment of several sums of
money for the use and security of this colony ;" and another, " To pre
vent nuisances in the metropolis."

1754.] History of New-York. 177
the Massachusetts Bay at the intended Congress at
Albany. Mr. Charles had, on the 4th of July 1753, informed
the speaker of the report of the Board of Trade
against the Jersey act; that "their Lordships de
manded to know ofthe parties, whether they had any
proposals to offer for running the lines and ascertain
ing the boundaries, which their Lordships said was
necessary to be done, for the peace and quiet of both
governments. On both sides it is offered to join in a
comraission fi-ora thence under the Great Seal. I have
requested that they raay be disinterested persons ta
ken from the neighboring colonies ; but the solicitor
for the Jersey interest thinks this raethod will bring
on a heavy expense. The raatter lies over for fur
ther consideration. On the 23d of the same month,
the agents of New-Jersey waited upon the Lords
Coraraissioners for Trade and Plantations, and de
clared that, as Mr. Morris, to whom the conduct of
the act for running the division line was committed,
had his powers only froni the proprietors of the east
ern division of Jersey, he could not take upon him
self to join in a commission for ascertaining the boun
daries of the whole province. A declaration of this
kind was no raore than what might be expected from
those who, having missed their principal aim, would
be well content that this affair should sleep possibly
another thirty-four years, till some favorable juncture
should oflfer for reviving it. But I hope I shall be ex
cused for offering, with all subraission, my humble
opinion, that now is the tirae for pushing those pro
prietaries in their turn."
The reader, therefore, will perceive, that the Lieu
tenant Governor's raessage could neither disserve
him with the Ministry nor the House ; who, on the
25th of April, agreed with him in the expediency of
teraporary lines both with our eastern and western
neighbors, and pledged their faith for their propor
tion ofthe expense, without the least exception to his
change of the Coraraissioners in the ordinary exer
cise ofthe prerogative ofthe Cfown.
23

178 Smiths Continuation of the [Chap. IV.
But the late mock quarrel of the Lieutenant Go
vernor and the Assembly, did not entirely elude the
suspicion that the latter had raade some condescen
sions more to serve him than the colony : and whe
ther it is to the same or some other motive, that the
agent's letter to Mr. Jones, of the 30th of January,
1754, was long concealed frora his fellow-members
and the public eye, is left to the reader's conjecture.
It was in thi^ that he owned the receipt of their me
morable impeachment ofthe late Governor, and ven
tured sorae hints unfavorable to the towering hopes
of the party in power. " I have delivered in (says
he) at the Boai*d of Trade, your representation touch
ing the thirty-ninth article of instructions to Sir Dan
vers Osborn, and am very apprehensive that that
matter will take up a long consideration, as it must
come before the King in Council, where, at the same
time, it is not improbable that the representation of
the Board of Trade, touching the state of your colony,
will likewise come under deliberation. I hope time
will be given to the colony to answer the charge
contained in the preamble of that instruction, which,
it is said here, can be supported by facts taken from
the public transactions of the General Assembly. I
also apprehend that the Board of Trade will'acquaint
Mr. Clinton with the instances of his mal-adrainistra
tion mentioned in that representation, and that your
House will be called upon to prove the assertions
they have made. It Avill be proper to have the proofs
in readiness." He wrote a confidential letter of the
same date, the contents of which can only be guess
ed at frorii Mr. Jones's answers of the 1st of June;
the whole of which is herewith transcribed. " In
your private letter of the 3()th January, you inquire,
' In case we should be called upon for our proofs
against Mr. Clinton, how could we prove that two In
dian companies never existed, whose muster-rolls
Avere sent home on oath }'' If such companies ever
existed, it was certainly with uncommon secrecy,
since, by the strictest inquiry, no footsteps of any
such thing has hitherto been discovered, We should

1754.] History of New-York. 179
be glad to have copies of these muster-rolls, if possi
ble to be obtained, which may probably lead us to
further dispoveries. The person Mr. Clinton made
an Assistant Justice of, when here, and had a pre
sentment of perjury against, was one Israel Honey
well, of Westchester county; and when Mr. Clinton
was raade acquainted with it by the representatives
of that county, he sent to the Attorney General for
the inforraation, and would never return it to him
again. I am perfectly well satisfied with the reasons
which you giA'e for not insisting on a public bearing
on the thirty-ninth article of the instructions ; and
shall be very well pleased with Mr. Clinton's declin
ing a vindication of his conduct, as he must then
stand condemned in the judgment of every impartial
person. As to the alteration you suggest raay be
made to the thirty-ninth article of the instructions, it
appears to me to be so very small, that I am persuad-'
ed no General Assembly of tbis colony will consent
to it even in that shape. I hope the next Governor
that comes (in case no mitigation be made before)
will bring with him instructions less vigorous, and
better calculated for the interests of America and his
own ease and quiet." Thus for the first letter. The
second, of the same date, is this :— " When 1 Avrote to
you last, the House was sitting, and I then acquaint
ed you that you might soon expect to hear from me.
The session is now ended, and by our votes you will
perceive that we have done nothing toAvards the ex
pedition to Ohio, though we had that affair much at
heart. You will find that the obstruction arose from
the thirty -ninth article of his Majesty's instructions to
the late Sir Dativers Osborn; and this, I apprehend,
will always be the case, as long as the instruction
continues to have a being. You doubtless have al
ready, or soon will hear from Pennsylvania, what
progress the French have made on the Ohio, which
not only makes them masters bf all the fur nations of
Indians, but intimidates those which we call ours,
arid puts it into their power at any time to harass our
southern colonies from that quarter, as they do us

180 Smiths Continuation ofthe [Chap. IV.
and our eastern neighbors from Crown Point ; and
unless sorae vigorous resolution be taken, I fear poor
English America Avill soon fall a prey to the bound
less arabition of France. I have very lately received
your letters ofthe 30th of January,* via Philadelphia,
and shall comraunicate them to the House at their
next meeting. I expect you will hear from our Lieut
Governor, touching the Jersey affair of the line, and
also from the Commissioners appointed for that pur
pose, touching Massachusetts Bay, &c. I have no
thing further to add at present, but that the House
seems to be entirely well satisfied with your conduct,
&c. • The ensuing summer will ever be remembered
for the first Congress of Deputies from sundry of the
colonies, for their coraraon defence. Albany was the
place appointed, and the time the 14th of June."
Mr. Delancey, as the only Governor who attended,
took the chair, and 'the rank of the gentlemen who
composed that assembly being adjusted, they sat in
the following order : — on the right, Mr. Murray and
Colonel Johnson, two of the Council members of this
colony; then the coraraissioners of Massachusetts
Bay, Mr. Wells, Mr. Hutchinson, Colonel Chandler,
Colonel Partridge, and Mr. Worthington ; Mr. Wy-
burn, Mr. Atkinson, Mr. Ware, and Mr. Sherburn,
frora New Hampshire ; and from Rhode Island, Mr.
Hopkins and Mr. Howard. Opposite to these, on the
Lieutenant Governor's left, were two others of the
NoAV-York Council, Mr. Chambers and Mr. Smith ;
then the Connecticut delegates. Lieutenant Governor
Pitkin, Major Wolcott, and Colonel WiUiams; for
Pennsylvania, Mr. John Penn, Mr. Peters, Mr. Norris,
and Mr. Frankhn ; and Colonel Tasher and Major
Barnes, for Maryland.

* They were not disclosed to the House till the 16th of October, 1754,
though the Assembly sat in the spring till the 4th of May, and again from
the SOth to the 29th of August, and passed a law. Nor is it certain that
these letters were produced even in October, the entry showing that the
speaker laid several letters before the House without mentioning their

I754i] History of New-York. 181
Mr. Delancey, on the 29th, opened the treaty with
the Indians, who had been tardy in assembling, by a
speech preconcerted by the commissioners, and the
presents were distributed in the name of all the colo
nies represented at that meeting.
It is sufficient to observe, on the whole, that the
Indians, when dismissed on the llth of July, were, or
affected to be, well pleased, and engaged their co
operation against the designs of the French ; and
yet, one of these woodland Kings, who chalked out
a sketch of the interior forests, rivers, and lakes, with
a clear discernment of their relations, dropped the
jealous but judicious observation, that Louisburgh
was one key of the inland country, and New- York
another, and that the power which had both, would
open the great chest, and have Indians and all.
The main objects of the commissioners were, a
compact for the united exertions of all the colonies
in future, and a representation to his Majesty for the
establishment and execution of the plan.
To this end it was proposed, that one general go
vernment should be formed, under which each colo
ny should retain its present constitution, except in
the subsequent instances, directing a change : that
the general government be administered by the Pre
sident General appointed and supported by the
Crown, and a Grand Council elected by the respec
tive colony Asserabhes : that when an act of Parlia
ment was passed for these purposes, the provinces
should choose their delegates, to forra the Council, in
the following proportions :
Massachusetts Bay  7 «
New Hampshire ----- 2
Connecticut ----- 5
Rhode Island ----- 2
New-York  4
New-Jersey ----- 3
Pennsylvania  6
Maryland  4
Virginia ----- 7
North Carolina  4
South Carolina  4—48

182 Smiths Continuation ofthe [Chap. IV.
To meet first at Philadelphia, on the call of the
President General, as soon as conveniently may be
after his appointraent : that the Council be triennial,
and every interim vacancy, by death or resignation,
supplied at the next sitting of the Assembly of the
colony he represented : that after the first three years,
the number of delegates to be regulated by their con
tributions to the public treasury, yet so as to be ne
ver less than two to a colony, nor more than seven : ,
that the conventions of the Council to be atmual or
oftener, on their own adjournments, or the call of the
President General, upon emergencies, with the writ
ten consent of seven, with due previous notice to all
the merabers : that they choose their own speaker,
and be neither dissolved, prorogued, nor continued to
a longer session than six weeks, without tbeir conserit,
or the special coramand of the Crown : that the wa
ges of the Council, be each ten shillings sterling per
day, eundo, manendo et redeundo, at twenty miles
for a day's journey : that the assent of the President
General, necessary to all acts, and that it be his duty
to carry thera into execution : that he, with the ad
vice of the Council, hold all Indian treaties, affecting
the general interest, and raake peaCe or war with the
Indians ; laws regulating the Indian trade ; all pur
chases, from thera for the Crown, of lands not noAv
within any colony, or when reduced to raore conve
nient diraensions : that they grant out such noAV ac
quisitions, nomine regis, reserving a quit-rent for the
general treasury ; raise and pay soldiers ; build forts ;
equip vessels, to guard the coasts on this side of the
ocean, lakes, and great rivers ; but not to impress
men in any colony, without the consent of its own
Legislature : that, for these purposes, they make laws,
lay and levy general duties, imposts, or taxes, equal
and just considering the abihty and other circum
stances of the several colonies, and such as may be
collected with the least inconvenience, rather dis
couraging luxury then loading industry with unneces
sary burdens : that they may appoint a general Trea
surer, and in each government a particular one ; and

1754.] History of New-York. 183
either draw for all sums upon the general treasury, or
upon each particular treasury, as they find most con
venient ; yet no money to be issued but by joint or-
det of the President General and Council, except on
particular appropriations where the President is pre
viously empowered by an act : that the general ac
count to be annually settled and reported to every
Asserably : that the quorum, to act with the Presi
dent, to consist of twenty-five members, having one
or more frora a majority of the colonies : that their
laws not to be repugnant, but as near as may be agree
able to the laws of England, and be transmitted to
the King in Council for approbation ; and, if not dis
approved within three years after presentation, to re
main in force : that the Speaker of the Council, on
the death of the President, oflSciate in his stead, un
til the King's pleasure be known : that all military
coraraission oflScers for the land or sea service, under
this general constitution, be nominated by the Presi
dent, with the approbation of the Council ; and all
civil officers by the Council, with the approbation of
the President ; but a vacancy in any province, in a
civil or military office, to- be supplied by the Gover
nor of the province where it happened, until the
pleasure of the President and Council can be known :
that the military and civil establishments of the seve
ral colonies remain in their present state, this gene
ral constitution notwithstanding ; and that on sudden
emergencies, any colony may defend itself, and lay
the accounts of expenses thence arising before the
President General and Council, who are to alloAv
and pay as far as they judge just and reasonable.
Except Mr. Delancey, every member consented to
this plan, and qualified as he was rather for short al
tercation than copious debate, he made no great op
position. Besides, he had objections not to be start
ed before auditors of too much sagacity not to dis
cern the motives which excited them, and who Avere
too unbiassed to suppress any disreputable and unpo
pular discoveries. In so unusual a situation, he was
conscious of an awkAvard inferiority, and found that

1 84 Smiths Continuation of the [Chap. IV.
every effort to resist the scherae only contributed to
forward it, for his exceptions and cavil Ave re either
obviated, answered, or overruled. But a single raera
ber could be influenced, and he was not able to
proselyte any body else, except Mr. Murray, Avho
had great merit as a lawyer ; but, unless a question
in that profession arose, he was either mute as a fish
or confused, slow and superficial ; a man of pride
without ambition, or a single talent for intrigue — cold,
distant, formal, and disgusting.
But the want of unanimity AA-^as of no other conse
quence than the impairing of Mr. Delancey's reputa
tion; many, judging from the controversy with Mr.
Clinton, had conceived him to be most inclined to the
popular branch of the constitution, but now disco
vered that he had his eye to the other side of the
water. The plan adopted would be neither, as he
apprehended, to the relish either of the nation in
general or to the servants of the Crown. They as
cribed his unnecessary opposition to an impatience
for distinction, prompted by ambition, which threw
him off his guard. Being the only Governor, amidst
a number of rival demagogues, his situation could not
but be disagreeable to bim. But the scheme, when
offered, was not understood as approved by any
other Governor on the continent. Too inconsidera
ble to hope for so illustrious a seat as the President's,
they could not brook the exaltation of private citi
zens to stations in the grand Council, inflating their
vanity, and enabling thera not only to traverse their
interests at court, but lessen their authority. That
a scherae, begot in the frights of the delegates at the
repulse ofthe Virginians under Colonel Washington,
on the .<d of July, (the news of which carae to Albany
while they were assembled,) was disrelished by some
of the Colonels, who perused the proposal with less
discomposure, gave scope to their jealousies, and
eyed the power it meant to estabhsh, with horror;
while multitudes of individuals jarred in their sen
timents, as they AVere more or less attached to
monarchical or republican principles ; another sort

1754.] History of New- York. 1 85
increasing the discord, by theinscoflfs at a model so
dissimilar to the British constitution, which theory,
experience, and habit had taught them to admire as
the most perfect of all human iuA^entions : in a word,
their dread of the French excited the people only to
speculate ; it did not rise high enough to curb a di
versity of sentiment ; and if it had, that very unanim
ity here would have furnished an argument on the
other side ofthe Atlantic, to blast a design consider
ed by adrainistration as accelerating an event dan
gerous to the union and stability of the empire.*
It was in this raonth also, that a conference was
held betAveen Mr. Murray, Mr. Sraith, Mr. Benjamia
Nicoll, and Mr. Williara Livingston, under a corarais
sion frora this colony, with the aforenamed Commis
sioners of Massachusetts Bay, concerning the line of
partition between the two provinces : but the result
was little more than a discovery of the proofs on
which they respectively relied; a handle for fresh
encroachraerits from Massachusetts Bay, and mutual
complaints to the Crown. Massachusetts certainly
meant nothing, for she gave powers to settle a final
line, though pre-admonished that our Commissioners
were to come only with authority to conclude a tem
porary boundary. They boasted of their prior pos
sessions, asserted them to be ancient, and offered to
be restricted by the distance of sixteen miles from
Hudson's River.

* The plan was drafted in a committee consisting of one Commissioner
from each" colony. Mr. Smith represented New- York. The main object
was to reduce the colonies to one head and one pulse. The eastern colo
nies were most ardent for the union, excepting Connecticut, who was too
jealous of the power of the President. Each colony took a copy, under a
promise to exert their influence upon their constituents for its establish
ment by an act of Parliament. The report gave rise to raany debates, and
especially respecting the funds for supporting this new government. A
duty on spirits, and a general stamp duty, were contended for ; but it was
finally agreed to cast the President on the Crown, and the Council on the
colonies, with a trifling allowance, that none but men of fortune might as
pire to tliat station. To repress Mr. Smith's earnestness for tbe scheme,
the Lieutenant Governor hinted to him, that Massachusetts acted with an
aim to procure tbe President's chair for their Governor, and predicted, as
he weU might) that it would not be much encouraged by New-York.
24

186 Smiths Continuation of the [Chap. IV.
Desirous, as soon as possible, to meet the Assem
bly, and, besides his other designs, to make suitable
impressions respecting the transactions of the Con
gress, the Lieutenant Governor began a session on
the 20th of August ; Avhen he mentioned the defeat
of Colonel Washington on the east side of the Ohio,
as within the undoubted liraits of his Majesty's do
minions, and exacted their promised aid to Virginia,
and preparation for the defence of this colony ; the
erection of a fort in the Seneca's country, on the tract
purchased by Mr-. Clarke ; the prohibiting of rum to
the Indians ; a more extensive militia act ; and laid
before thera the Commissioners' plan, after a sugges
tion, that frora a persuasion that the Asserabhes were
not disposed to join in vigorous raeasures, the Com
missioners would not consider his proposal of erect
ing forts on the frontiers, but preferred an application
to Parliament for establishing their scheme for a
union. A contribution to the defence of Virginia and Penn
sylvania, was expedient to humor 'the Minislry; and
to do it with reluctance, raised the credit of the
Lieutenant Governor, gratified the parsimonious spi
rit of the people, and prevented suspicions of a sacri
fice of the colony to the interests of the predomi
nant party. The House, therefore, presented an artful
address of a controversial complexion, quoting pas
sages from the Lieutenant Governor's speech, to re
fute his demands, and justify their refusal of any
donations. They confessed that the colonies were
reciprocally bound to a common defence ; but they
add, there may be instances of colonies already so
distressed as to want aid, which, therefore, are not
bound to afford help. To apply this, they paint their
own exposed situation in his own language, and ask
hira whether Virginia and Pennsylvania have built
fprts and fortifications, and Avhether they are daily
called upon for the reparation and support of them.
They then promised to give soraething, but after-
Wards lament that they had an open frontier. The late
war, in which they had expended near one hqndred

1 754.] History of New- York. 1 87
thousand pounds, AA^as a melancholy proof of it ; and
how to find a cure to the evil, they knew not The
other colonies derived strength frora their settle
ments in townships, and cloSe order, whilst our lands
were granted away in patents, almost without bounds
or number ; and though we could erect forts and
block-houses, they would serve no end — uncultivated
tracts being not the objects of protection, but man's
life and industry. After adding their testimony, that
he had been faithful to his trust in the distribution of
the Indian presents, they beg leave to return to their
families, and promise a due attention to every matter
he had recommended in the autumn of the year.
Would any man without doors, and not in the se
cret, believe, what is a fact, that they had already
that very morning voted a gift offive thousand pounds
to their fellow-subjects in Pennsylvania and Virginia.'*
Mr. Delancey gave them more than thanks : he con
fesses the truth oftheir representations, and applaud
ing their generosity, declared his confidence that
they would, at their next meeting, raise ample sup
plies ; and, by promising to promote the settlement
of townships, converted his speech into a proclama
tion, which opened a wide field of business and profit
in the Land Ofllice ; for this new method, more con
sistent with the spirit of deraocracy than the King's
instructions, drcAv eraigrants from the crowded Colo
nies of New England ; and subsequent Governors,
interested in the innovation, have followed his exara
ple, to the increase of our inhabitants, and the exten
sive diffusion of the enterprising spirit and principles
of those eastern republics.
The session continued until the act for issuing the
five thousand pounds was passed,* and a vote or two

* We assure you it was with no small difficulty that means have been
found for giving that sum. The Legislature find themselves so embarrass
ed by the forms of the instructions, that it is with the utmost difficulty any
money can be disposed of for the public service, however urgent or neces
sary. Mr. Jones's letter to the agent, 29th August, 1754, was perfectly
silent respecting the call of Congress, as Mr. Delancey had predicted. Mr.
Smith confined at home, attending the death-bed of his wife, and Messrfr.

188 Smiths Continuation ofthe [Chap. IV.
entered, to stimulate hira in procuring teraporary
lines between this and the provinces of Massachu
setts Bay and NcAV-Hampshire; and another respect
ing their quarrel with Mr. Kennedy the Collector,
concerning the seizure of the gunpowder, well cal
culated, as the cause was then depending in the Ad
miralty, to put Mr. Morris, the Judge of that Court,
under some kind of aAve, as well as to gain one vote
in Council for the bill then depending there. The
House sent a public message, to know Avhat the
Lieutenant Governor had done towards forwarding a
representation to his Majesty respecting the seizure,
and were satisfied Avith his answer, that the sentence
was not yet passed, which they doubtless had alrea
dy known from their own counsel, who all resided in
the capital, and one of them, Mr. Nicoll, cousin-ger
man and near neighbor to Mr. Watts, a member for
the city. This incident aa'ouM be trifling, if it did not
mark, what is worth attention, the spirit ofthe day.*
When the House met again in October, they knew
that Mr. Chief Justice Morris had left England in the
character of Governor of Pennsylvania,t frora their
agent ; that their vote to repel force by force, on the
Secretary of State's letter, had been universally ap
plauded ; that the Jersey proprietors had appealed
to the Privy Council against the report of the Board
of Trade ; that he had offered to join in a commis
sion for running the line ; that the stations could not
be ascertained there, conformably to the favorite but

Alexander and Murray being absent in Jersey, the Council then present
consisted only of Mr. Kennedy, Mr. Holland, and Mr. Chambers, who
were prevailed upon to depart from the instructions by a mode perfectly
new. The act directed the Treasurer to pay the five thousand pounds to
the Lieutenant Governor ; and after retaining three hundred and forty-eight
pounds, expended in the victualling and transportation ofthe two indepen
dent companies which sailed in June, the residue was to be delivered, on
order, to the order of the Governor of Virginia, with the advice of. his
Council. * Mr. Kennedy was Receiver General of the quit-rents, and had given
some offence, by the importunity of his memorial tb the Lieutenant Gover
nor for his recommending a law to enforce the payment of the quit-rents.
f He arrived in the Mermaid frigate at New-York, on the 12th Septera
ber, 1754-.

1754.] History of New- York. 1 89
erroneous idea of Mr. Delancey, till the controversy
concerning the construction of the grants, and what
the true boundaries Avere, was first adjudged on a
commission ; that this was the mode also for setting
our eastern liraits, and that he wished to be ready
witb the naraes of the Commissioners of our choice ;
that he kept a watch on the great men of that coun
try, respecting the affairs of the colony, but that no
thing was determined as to the representation ; that
the address to the King had been sent up to the Coun
cil, with a letter from the Board of Trade, and that
it would lay OA^er till their report was made upon the
representation ; that the Board of Trade had of late
affected great privacy, and were so jealous of the in
quiries of the agents, as to give strict orders respect
ing information, which they think improper, and had
got a poor Clerk dismissed from the Council OflSce,
for giving intelligence about one of their reports ;
adding, "We have here, some Avho have expressed
so much warmth about the publication of the instruc
tion, that they will spare no pains to blacken the co
lony, in order, if possible, to justify that measure,
should the affair corae to a public hearing. There
are others who, I believe, are inclinable to push the
instruction by a more moderate course to the suc
ceeding Governor, and to drop the inquiry about Mr.
Clinton's manageriient, by directing that successor to
report how the affair stands. The Parliament will
be dissolved soon. Our sugar islands make a shining
figure at present, there being about fifty persons, who,
from their estates and connexions there, are at the
same time using the proper raeans to have seats in
Parliament. I fear we shall soon have them pushing
not only fpr the continuance, but the extension of that
monopoly they now enjoy." Again : " I take occa
sion of showing how much your colony has to do at
home, if a war is to break out, and how unable you
are to do that, and give assistance to others, after the
heavy expense you have sustained in the late one ;
that the interior system of your oaau governraent is
unhinged by the instruction, which restrains you from

1 90 Smiths Continuation of the [Chap. IV.
providing the usual support, and continuing the taxes
necessary for that end. I hope Mr. Delancey has
touched upon this matter, because the present state
of affairs Avill contribute more to get you rid of this
restraint, than any other arguraent whatsoever. The
complaint of the Virginia Assembly, about the pistole
fee demanded by their Lieuteriant Governor, was last
week heard and rejected; and the day after, Mr.
Randolph, the Attorney General, who came hither
to prosecute that coraplaint, was told at the Board of
Trade, that his Majesty had no further occasion for
his services. I ara heartily sorry for the juncture of
tirae in which this rejection and dismission have hap
pened. Much has been said about the warm votes
of the Asserably, and their assuming a power tp make
use of public raoney to support their complaint. No
nomination is made of a Governor for your colony,
and until that is done, other matters will stop, unless
the present exigency of affairs determines the Minis
try to let the Assembly proceed to provide as usual
for the support ofthe colony."*
Nor was the prospect of internal harmony so en
couraging to Mr. Delancey as at the comraencement
of his adrainistration. Mr. Clinton had a few friends,
Avho favored him, not So rauch for the sake of his
cause, as from a jealousy that the popularity and am
bition of his adversary endangered personal safety,
or obliged to an humiliating insignificance, and a
base state of cringing subraission. His accession to
the coramand, induced to that partiality Avhich was
necessary to reward the services of his tools ; and
the want of means to gratify the expectations, of
others, increased the number of the discontented.
His incaution respecting the institution of the Col- ,
lege, enlisted many others on that side ; and the oil
of religious zeal being poured upon the coals, kindled
a flarae, neglected at the beginning, but in its conse-

* Vide Mr. Charies's letters to Mr. Jones, of (Joe 7th .and 8th Mgircb, Sth
April, and 27th June, 1754. ,

1754.] History of New-York. 191
quences destructive of his popularity, and unfriendly
to his repose all the rest of his life.
When divers sums had been raised by public lot
teries for founding a College, they were, by an act of
the Legislature, in Noveraber 1751, delivered over to
the custody of a set of Trustees, consistijng of the
eldest Counsellors, the Speaker, the Judges of the
Supreme Court, the May ox of the metropolis, the Pro
vince Treasurer, James Livingston, Benjamin Nicoll,
and William Livingston, Esquires, whose trust was
to take care ofthe principal and interest, and all fu
ture additions, until disposed of by the Legislature.
They were afterwards empowered to draAV five hun
dred pounds a year raore, for seven years ensuing,
out of the Treasury, into which it had flowed as a
duty of excise ; and then they were to begin a course
of instruction, under masters of their electing for
their new seminary.
Soon after the first of these acts, the Wardens and
Vestry of Trinity Church, by Mr. Rarclay their Rec
tor, offered a part of the estate of their opulent cor
poration in the suburbs of the capital, for the erection
and convenience of the College. This was so early
as the Sth of April, 1752; and in autumn 1753, Dr.
Johnson, the Episcopal Minister of Stratford in Con
necticut, was invited to take the President's chair,
and Mr. Whittlesey, a Presbyterian Minister of New-
Haven, to serve under him, as second master of the
new institution.
The churches of other denominations soon took
the alarra, suspecting that the Episcopal persuasion
intended to engross the government of the College ;
and the press began daily to represent the impolicy
and injustice of devoting funds raised by all sects for
a common use, to the dominion of one.
They were no longer in doubt than till the spring
of this year, when, on the 16th of May, Mr. William
Livingston discovered that his fellow-trustees were
bent upon applying to the Lieutenant Governor for a
charter under the Great Seal. The plan of its go
vernment being exhibited in a draft then laid before

192 Smiths Continuation of the [Chap. IV.
the Board of Trustees, that gentleman protested
against their proceeding Avitbout the authority of the
Avhole Legislature, to whora they were responsible
for their fidelity : but the other Trustees would not
suffer the entry till four days afterwards, on their ap
proving a petition which the Lieutenant Goyernor
Jhad consented to receive ; the design being avowed,
of excluding every man frora the President's chair
who was not in communion Avith the Church of Eng
land, and introducing the Common Prayer Book for
the religious exercises ofthe College.
The Lieutenant Governor laid this request before
the Council for their advice, and the grant passed
against the opinions of Mr. Alexander and Mr. Smith,
Avho assigned their reasons in a protest on the Coun
cil books. Mr. Delancey hiraself, who either con
ceived its foundation illiberal, or unfriendly to his
popularity, after fruitless endeavors to dissuade ^the
projectors from exacting the fulfilment of a proniise
they had extorted, ordered the seal to be put to the
charter with some hesitation, and to the general dis
satisfaction of every other religious persuasion in the
colony, to whom, in point of numbers, the Episcopa
lians did not constitute the proportion of one-tenth.
It therefore concerned the Governor and his party,
especially as the inquietude occasioned by the irrup
tion of the French and Indians upon Hosicke and
Senkaick above Albany was general, to improve the
ensuing session for securing the favor both of the
Crown and the people : and the autumn session was
therefore no sooner coraraenced, than two popular
bills were introduced — one to restrain prosecutions
by information, and another to enlarge the power of
Justices ofthe Peace, by enabling them to decide in
civil causes to the value offive pounds.
While the Asserably were pondering how to fulfil
their erigagement before the late adjournment in Au
gust, Mr. Delancey urged them to several popular
laws ; supplies for new works at Albany and the fron
tiers ; the discharge of the demands of pubhc credi
tors, and particularly of that to Colonel Johnson, with

1754.] History of New-York. 193
whora he was reconciled. A few days afterwards, he
made further requisitions for purchasing a glebe, and
erecting a church for the Missionary to the MohaA\'ks;
and for the Crown, proposed a law, with the spe
cious title of rendering the recovery of his Majesty's
quit-rents easier, and " to compel those (says he)
who hold large tracts of uncultivated land, to a spee
dy settlement ;" and, last of all, added a request for
bedding to the troops in garrison at Albany.
vThey proceeded to vote the arrears of salaries
Avith the second sum of one hundred and fifty pounds
for his extraordinary expenses at the late Indian
treaties; when he was obbged, on the 21st of Novera
ber, to communicate a disagreeable letter from the
Lords of Trade, which totally disconcerted their de
sign of passing a bill for these debts, and compelled
Mr. Delancey to talk a language which, frora the
raouth of Doctor Colden, would doubtless have pro
duced a vote that he was an eneray to the colony.*
Their Lordships approved the Council's negative
to the late application bill, and observed, that an
annual revenue raay be eraployed to the purposes of
wresting frora the Crown the noraination of all offi
cers whose salaries depend upon annual appoint
ment, and of disappointing all such services of go
vernment as may be necessary even to the very
existence ofthe colony ; declared they were at a loss
to conceive what other purposes this point, so stre
nuously insisted on, of granting the revenue only from
year to year, can serve ; for if it is imagined that the
method of establishing a revenue by annual grants, is
the only one by which the province can be secured
against misapplications on the part of the Governor,
or other officers of the CroAvn, it Avill be found to be

* The Speaker's letters of the 14th November and 7th December, show
that there was a design of paying the debts and providing for the year, the
instruction notwithstanding. In the first, he excites his hopes pf the dis
charge of his deinands, and a future supply ; and in the last, informs him
that the bill for paying the public creditors, as well as that for the annual
support, went up, hut were stopped by the Council, contrary, to his expeq-
tations,
25

1 94 Smiths Continuation of the [Chap. IV.
a mistake : that it is strict appropriation which pro
duces such security, and not the present mode of
granting the revenue annually, which of itself is of
no effect at aU, and if directed to the above purposes,
what the Assembly theraselves would not allow.
They inform the Governor, that they have no objec
tions to checks and penalties for preventing and pu
nishing misapplications ; but add, that if the Assem
bly persist, by the means of annual grants, either to
attempt arresting from the Crown the nomination of
officers, or any other executive part of government,
or disappointing the most essential services of the
province, unless such pretensions arp complied with,
though they may have succeeded in such attempts,
either by the weakness and corruption of Governors, or
by taking advantage of the necessity of the times:
" yet these attempts are so unconstitutional, so incon
sistent with the interests of the mother country, as
Avell as of the Crown, and so little tending to the real
benefit of the colony itself, that it will be found they
flatter themselves in vain, if they imagine they can
ever give them a stability and permanency. I hope,
therefore, (continued Mr. Delancey,) you will take
these weighty reasons into your most serious consi
deration, and provide a perraanent revenue for the
support of governraent, in such a manner as may put
an end to any dispute on that head." But he b^d it
also in charge to inform them, that he could no longer
consent to any emissions of paper raoney as a legal
tender, nor to any bill for this species of money,
though no tender, without a suspending clause till
the King's pleasure could be known ; and he desires
the House to conform to these directions.
If he knew at that time, of the ill success of their
address against Mr. Clinton, his reasons for conceal
ing it are obvious.*

* Mr. Charles's account of it (15th November) is this: — "Observing
that your Honorable House have not received any notification in form of
their address to the King in December last, transmitted by the Lieutenant
Governor^ I think it consistent with my duty, and the attention I owe to

1754.] History of New-York. 195
This produced an address, disclaiming all inten
tion to abridge the Executive, though they would not
recede frora the new mode ; and a declaration, that
they could not construct forts without a further emis-

whatever proceeds from the General Assembly, to inform you that his Ma
jesty has been pleased, by his Order in Council of the Gth of August, to
reject the said address, upon a representation of the Lords Commissioners
for Trade and Plantations, who have undertaken to verify the charge
against the colony, contained in the 39th article of instructions to the late
Sir Danvers Osborn, Baronet. I am sorry to find that their Lordships have
been pleased to apply the words falsely and maliciously, made use of in
your said address, to their representation of the state and condition of the
colony, instead of applying them to the suggested matter and supposed
facts Upon which that representation is tho-ught to be founded, and against
which you have desired to be heard — for this I take to be tbe obvious
meaning and intention of your House in the use of those words." It was
about this time that Mr. Charles framed a case for Doctor Hay's opinion
respecting the instruction, preparatory to bis design of complaining of the
offensive instruction in a petition to the King; but, it cannot be ascertain
ed that it was ever carried into execution. It is, however, here transcrib
ed, to gratify the curiosity of the reader.
" Case qf J\/ew-York.—Be pleased to peruse the speech, instructions,
and address, contained in the printed votes of the Assembly of his Majes
ty's colony of New- York in America, the representation ofthe said Assem
bly, and the address to the King.
" New-York is one of the most considerable of the British colonies on
the continent of North America, under the immediate government of the
Crown. This colony belonged formerly to the Dutch, and, with a large
tract of land, was called New Netherland, which, in exchange for Suri
nam, was, by the treaty of Bredu in 1667, surrendered by the Dutch to the
English. " All the British colonies, or most of them, have in them three distinct
estates, in humble imitation of the excellent constitution of their mother
country — viz. a Governor, the representative of the King ; a Council,
which is legislative ; and likewise, a Court of Judicature, resembhng im
perfectly the House of Lords, and a General Assembly, or House of Re
presentatives, resembling imperfectly the House of Commons. The Go
vernor is appointed by the King ; has a power of calhng, proroguing, or
dissolving the General Assembly, and has a negative in all laws which,
having passed the Council and Assembly, are presented to him. The Coun
cil are appointed by the King, and, with the Governor, form a-Council of
State," are assistant Judges to him, as Chancellor, and in the Court of Ap
peal. As a legislative body, they sit distinctly, and without the Governor,
on all bills that either originate with themselves, or are sent up to them
from the Assembly. The General Assembly, the free election of the peo
ple, choose their own speaker and officers ; are judges of their own elec
tions; prepare and pass bills in order to be sent up to the Council; and
claim a right that all money bills should originate with themselves.
" The manner of providing for the support of government in this colony,
vhich has obtained for sixteen years past, has been thus : — In September,
yearly, (if the House is permitted to sit,) the Assembly prepare and pass a'
bill, whereby provision is made for the usual yearly salaries to the Gover
nor, to the Judges, and <*tber (Officers and ministers of the government, for

198 Smiths Continuation of the [Chap. I'V.
sion of paper, nor would they consent to that, unless
those bills Avere made a legal tender. They there
fore request him to represent the case of the colony
to the King ; engage to provide for its defence, when

the ensuing year. At this season also, all claims and demands upon the
colony being received, examined, and reported upon by the committee,
who prepare their bill. Provision is likewise made for the discharge of
those demands ; these liquidated and settled; and the Treasurer ofthe co
lony is by the said bill directed and empowered fo pay the said salaries and
debts to the respective persons named in the said bill., which having passed
the Assembly, is sent up to the Council, and if passed by thera, is sent up
lo the Governor, and if passed by him, becomes a law of the colony, sub
ject oidy to the disallowance or repeal of the King.
" The credit of the colony stands unimpeached, and, in point of merit
with the mother country, comes short of none of her colonies, particularly
in the late war; and for seconding the views of the Crown in the reduc
tion of Cape Breton and Canada, they raised about fifty thousand pounds
sterling, without desiring, as other colonies have done, any reimbursement
from the Parliament of Great Britain.
" Governor Clinton, the immediate predecessor of Sir Danvers Osborn,
took his salary annually, during the whole course of his administration, in
the method before raentioned. It is true, that after having thus accepted
of it about four years, he endeavored to have it Settled upon him for a term
of years, as had actually been done upon several of his predecessors ; but
(he Assembly persisted in the refusal of it: whereupon, and upon sundry
other disputes which have arisen between Mr. Clinton and several Assem
blies of the colony, a representation to his Majesty in Council was drawn
up by the Lords Commissioners of Trade and Plantations, ' whereof the
agent ofthe colony could never obtain a copy, having received for answer
to his application, that it was a matter of state.' So that the colony has
neither been made acquainted with the particular facts alleged against
their General .4ssemblies, nor have they been heard in their own defence.
" Sir Danvers Osborn succeeding to Governor Clinton, carried out with
him the said 39th article of instruction ; but dying soon after bis arrival in
the colony, that administration devolved upon Jaraes Delancey, Esquire,
his Majesty's Lieutenant Governor, who, with his speech to the Assemhly,
laid before them the said instruction.
" Be pleased to understand, that the King has been advised to reject the
address of the Assembly, by an Order in Council of the 6th of August,
whereof a copy is not to be obtained: whereupon your opinion is desired,
previously upon the legality and the propriety of the agent's address, in
tended to be sent to the King; then upon the following points relative to
the 39th instruction : —
'•• 1st. Whether the natural born subjects of the King, in the British
American colonies, are not entitled to the rights, liberties, and freedom of
English subjects.''
" 2d. Whether the people, by their representatives in General Assem
bly, are bound to obey the directions of the Crown, signified in the com
raission and instructions to a Governor, ^hich, though a rule to him for his
conduct, is not understood to be to the people the measure of their obe
dience ?
" 3d. Whether positive law only, be not to the people the only rule cf
t'Bat obedience ?

1754.] History of New- York. 1 97
he is unembarrassed by instructions ; and give him
their promise to provide for erecting a fort to the
northward of Albany.
The Governor, in the reply, professes his satisfac
tion in their assurances that they mean no encroach
ments on his Majesty's authority; and gliding ten
derly over their answer, only asks whether the annual

" 4th. Whether a command to grant money, and that too in the particu
lar manner prescribed by this instruction, and not otherwise, is constitu
tional and legal on the principles of British liberty and government .'
" 5th. Whether this instruction doth not destroy the freedom of debate
essential to the constitution of an Assembly, in whom the Crown admitted
the power of preparing and passing bills for granting money .'
" 6th. Whether the said instruction doth not destroy the like freedom of
debate in the Legislative Council of the colony, subjecting them like
wise, for the exertion of that freedom, to punishment by dismission .''
" 7th. Whether the power given to the Governor over the Counsellors
by this instruction, doth not destroy a balance in the state necessary to be
maintained between the Governor and the people ?
" 8th. Whether the order to remove or suspend any Counsellor, or any
member of Assembly, holding a place of trust and profit, or any officer of
the government, because of voting contrary to the direction of this instruc
tion, is compatible with British liberty and a British constitution ?
" 9th. Whether the power of punishing for lessening or impairing the
prerogative, is not a very unlimited power, and may be subject to very
great abuse .'
" And in general, what are your sentiments touching the legality of this
instruction. , ..
" In general, I am of opinion that^e;address of the agent, intended lo
be presented to his Majesty, is legal,, dnd' highly .expedient ; and that the
39th instruction is a most ill-adyised andjntempe/ate measure, and subject
to the several objections mentioned iti the queries.
" (Signed) '¦.-¦'s^-- GEORGE HAY,
-¦ :'h,~§;'- Doctors'' Commons.'''^
Mr. Charles, on the 1 9th De<;^ber, appeared before the Lords of Trade,
at their call upon the agents, toTshow their authority, and he in particular
was asked, whether he considerifed himself as obliged to correspond with the
Governor of the colony, or to receive directions from him ? His answer
was, that "he had, in matters of public moment, several times addressed
himself to the Governor, anS was always ready to receive and consider his
commands." He then moved to know what was done on the Assembly's
representation of the last year. Was answered, " that it lay before them,
and would be considered upon the appointnient of a Governor : that the
aim oftheir Board was to bring the province back to its ancient method of
raising and issuing money ; and ihey had lately explained themselves fully
iu their letters to the Lieutenant Governor, and that it remained with the
Assembly to do their part." " I then (continues Mr. Charles) took my
leave of their Lordships, after saying, that it could not but very sensibly
affect New- York to find a measure of this nature confined to them singly,
while all, the King's governments on the same continent were permitted to
provide for themselves by annual support." Letter to the Speaker, 20th
December, 1754.

198 Smiths Continuation of the [Chap. IV.
support will not have the effect apprehended ; joins
in their testimony that there can be no forts vvithout
issuing more bills ; inforras thera of what they well
knew, that the late act of Parliaraent against the pa
per raoney in the eastern colonies, was made at the
instances ofthe London merchants, injured by depre
ciations for want of funds to cancel the emission ;
subjoins, what the Assembly should have witnessed,
that the value of our bills, by our superior care, was
not such as they had been elsewhere, nine for one;
and, upon the whole, proposed an emission of forty
thousand pounds, for fortifications, to be sunk by a
tax offive thousand pounds per annum, comraencing
in 1757, Avhen the present taxes were to cease ; and
to such a bill he will consent, if there is a clause in
serted to make the paper no valid tender for a debt
contracted in Great Britain.
It required sorae courage to venture this hint ; for
the raerchants in the British trade were instantly
alarraed with the prospect of ruin, through the scar
city of sih'er and gold to discharge their iraraense
debts : but their clamors were suddenly appeased
by a set of resolves — that laws with suspending
clauses, raight expose the colony to ruin before the
King's pleasure could be known ; that bills not ten-
derable, would be useless; and that to make them
a tender to some and not to others, would create con
fusion, and be injurious to commerce.
Unable to pass any bills for raising money, they
contented theraselves with resolves, engaging for the
salaries of the officers ; and to put into Mr. Delan
cey's hands the old allowance of four hundred
pounds, for fuel and candles for the independent com
panies, though two of them had been drawn away to
Virginia, and the rest to Oswego ; for when Captain
King arrived in a few days after the session, to take
the coramand of the Governor's company, with Mr.
Pitzar the Commissary, they found only a sergeant
and. eleven privates at New-York, with but three
good muskets, and not an ounce of poAvder in the
magazine ; and the tAvo sentinels at the Lieutenant

1754.] History of New-York- 199
Governor's door, during the sitting ofthe Congress at
Albany, were relieved by others who came from the
fort, without firelocks. But though there was now a
saving ofthe Chief Justice's salary of three hundred
pounds a year, and an augmentation of fifty to Mr.
Chambers on that account, yet nothing was added
to their former vote of one hundred pounds to the
third Judge, who had deserted the party, and made
his peace with Mr. Clinton, and been restored to his
office, 28th of July, 1753, on the future tenure ofgood
behavior, and Avho was therefore out of the reach of
their resentraent in any other way than by diminish
ing his support*
There was a necessity at this juncture, that the
members ofthe Assembly should be vigilant oftheir
interests. The conduct of the College Trustees, and the
scherae to give the Episcopalians a pre-eminence in
the government of the institution, had given umbrage
to all the other sectaries, and corapelled the. House
to attend to their claraors. To tbis end, soon after
their meeting, they ordered the Trustees to report
their transactions under the act by which they had
been appointed ; and the sarae day, the Ministers,
Elders, and Deacons of the Low Dutch, an ancient,
opulent, and enchartered Church, presented a peti
tion, implying that the College ought to be incorpo
rated by an act of the Legislature, and insisted that
provision might be made in it for a Professor of their
numerous denomination.
The Trustees came up on the first of November,
and the contrariety of sentiment amongst them ap
peared in two separate reports, Mr. William Living
ston offering one, and Mr. James Livingston and Mr.
Nicoll another. They were no sooner read, than the

* The House bad some time before voted Mr. Chambers two hundred
pounds for the last year's salary ; but after the message on the letter from
the Lords of Trade, but one hundred and fifty pounds, with fifty pounds
more on consideration of the present burden of the office, without express
ing any vacancy in the chief seat of justice.

200 Smiths Continuation of the [Chap. IV.
House became divided upon a motion to enter both
of them at large on the journals ofthe House, which
was carried by a considerable majority. The capi
tal then in the hands of the Trustees, exclusive of the
annual revenue of five hundred pounds frora the ex
cise, was five thousand four hundred and ninety-seven
pounds, fourteen shillings and sixpence. When the
reports were considered, the Asserably resolved, nem.
con., " that they would not consent to any disposition
of the monies raised by way of lottery, for erecting
and establishing a College within this colony for the
education of youth, or any part thereof, in any other
manner whatsoever than by act or acts of the Legis
lature of this colony, hereafter to be passed for that
purpose." And Mr. Robert Livingston, who repre
sented the raanor of that narae, iraraediately had
leave to bring in a bill to establish and incorporate
a College, which he introduced that very afternoon.
The scherae opened by this bill, puzzled every
branch, of the Legislature. There was no hope of its
passing either the Council or the Lieutenant Gover
nor, not only frora its repugnancy to their own reli
gious attachments, as merabers of the Episcopal
Church, but because it subverted the establishment
they had given it by letters patent in the name of the
Crown. By the Asserably it could not be rejected
frora their dread of the people, nor passed consist
ently with their party prejudices. In this dilemma,
Mr. Walton found them a door of escape, by a mo
tion that the comraittee to whom it Avas referred be
discharged, the consideration of the bill postponed
to the next session, and in the interim printed for the
opinion oftheir constituents. It was introduced Avith
observing, "that the subject was of the utmost con
sequence to the people they had the honor to repre
sent, with respect both to their civil and religious li
berties ;" and that the advanced season of •the year
did not give tirae to consider all the parts of the bill
with that attention its vast importance required.*

* It may be seen at large, with Mr. William Livingston's reasons, in the
journals of the Assembly. The bill was drafted by Mr. Scott, for insti-.

1754.] History of New-York. 201
This measure increased the jealousies abroad, es
pecially when it was observed that the House after
wards set another lottery on foot ; negatived a mo
tion of Mr. Livingston's, to postpone the second read
ing of the bill for it to the next meeting, and another
for a deposit of the money, till applied by a future
law ; and carried a third for striking out a clause for
enacting that any nleraber, for moving to apply the
sum to be raised by it for any other than the use of
the College, should be expelled.
Though fully preraonished by the agent, that the
controversy with New-Jersey would not terrainate,
unless by. the adjudication of a Court of Coramission
ers constituted hy the Crown, and urged by memori
als and proofs of the distressed condition of the peo
ple on the borders ; yet, from an obstinate attach
ment to the opinion, that the stations from and to
which the dividing line was to be run were clear, or
to protract the controversy, an act was now passed
io submit it to the King, and a vote entered as a se
curity for a moiety of the expense.* " An act is pass
ed," says the Speaker in bis letter ofthe 7th Decem
ber, " submitting the dispute to his Majesty solely,
which we know will bring that matter to a speedy
issue." The act to regulate informations for offences pro
secuted in England by the Clerk of the Crown Office,
Avas a very popular law, though it much offended
the then Attorney General,! who had excited the
disgust of some merchants of distinction, by lending
too easy an ear to trifling complaints, and informers
of very slight characters.
The English statute of the 4th k 5th Williara and
Mary, cap. xviii., made no invasion upon the rights

tuting an University upon liberal principles, on a provincial endowment,
as free as possible from all the contracted aims, prejudices, and partiality
of sectarian zeal.
* His Majesty repealed this act; and, by an instruction of the 12th ot
August, 1755, required a law to provide for the expense of executing a
commission, under the Great Seal of Great Britain.
+ Mr. Kempe, who, with bis family, arrived here 2d November, 1752.
26

202 Smiths Continuation of the [Chap. H".
of the King's Attorney General, for it affected only
the Master of the Crown Office. But this act, since
we had no such officer, was meant to bind the Attor
ney General, whenever he proceeded for such offen
ces, as the Master might prosecute in England, and
was therefore unskilfully drawn, unless it abridged
the confidence reposed by law in the Attorney Ge
neral ; and if it did so, the Crown was in some mea
sure affected as well as its Attorney, Avhose emolu
ments, by a law withdrawing confidence in his
prudence and integrity, for slighting frivolous appli
cations, were greatly abridged : for, according, to the
design of this act, no inforraation for misdemeanors
prosecutable by the Master of the Crown Office,
could be instituted, but at the risk of costs to the de
fendant unless it was filed by order of the Governor
and Council, or the Judges of the Suprerae Court, or
where the Court shall certify that there was reason
able cause for the prosecution. The security requir
ed, is rarely adequate to the charge of the defence.
But it is a rauch more material fault in legislation,
to leave it doubtful when Mr. Attorney proceeds as
such, or as Master of the Crown Office. It was ad
judged by Messrs. Delancey and Horsmanden, Octo
ber Term, 1756, in the case of Gomez and alii ads.
Dora. Regis., that the informer, if bound for the costs,
is no Avitness on the trial to prove the assault, &c.
upon hiraself nor his wife. The counsel for the de
fendants cited Gil. Evidence, 121, 122. Trials per
p. 126. 1 Sid. 337. Hard. 331.
Kempe., Attorney General. Interested witnesses
are received, where necessary. Per Curiam. The
objection is unanswerable. The prosecutor is evi
dently interested, and the wife by necessary conse
quence. Since the statute of Wilham and Mary, of
which our act is nearly a copy, a nominal prosecu
tor is naraed in the inforraation, to elude this very
objection. The defendants were acquitted.
The King's Bench will not give leave to file such
informations, on the application of the Attorney, as
he may bring ex officio : those cases are not within

1754.] History of New-York. 203
the statute. 3 Bur. 1 565. To give the intended effi
cacy to this act of Assembly, the Court should with
hold the order in every instance Avhere the prosecu
tion in England belongs to the Crown Office.
The five pound act introduced and passed, was a
favorite law of the Lieutenant Governor's, for it aug
mented his influence in every part of the colony.
The profits of the Justices of Peace, who Avere all
of the Governor's appointment, and generally nomi
nated by the members ofthe country, now rendered
that employraent more lucrative, and tied together
the links of corruption between the election jobbers
and the Assemblymen, and between the latter and
the Governor, and formed a chain of dependence to
Avhich the ruling party did not object, especially as
the act was only limited to four years, and might be
afterwards dropped or renewed, according to the
expediency ofthe hour. But experience has shoAvn,
what was obvious enough in theory, that those mis
chievous consequences of these contemptible, sum
mary, and disorderly jurisdictions, have greatly over
balanced the delay and expense assigned as the
motives for this innovation, as will more particularly
be observed upon the opposition to the continuation
of this dangerous policy in a subsequent administra
tion. Mr. Delancey hesitated several months before he
consented to take the Chancellor's oath ; and at the
beginning ofthe next year, held a Court of Errors, to
the gratification of those who thenceforth were con
firmed in the opinion, that by the incompatibility
between his old and new employment, his office of
Chief Justice was extinct. That ascendency, there
fore, which he had acquired as an independent de
magogue, now began to abate, and his conduct, like
other Governors, to be suspected, as meditating ra
ther his own and the advancement of the interests of
the Crown, than the security of the rights of the peo
ple; and it was his misfortune, that the first adju
dication in Error riA'eted these unfavorable suspi
cions.

204 Smiths Continuation of the [Chap. IV.
A bill of exceptions had been taken on a trial at
Bar to the opimon of the Bench, and execution sus
pended by a writ of Error, returnable before the
Lieutenant Governor and his Council. The question
above was, whether the writ ought not to be quash
ed, the King, by one of the instructions, having per
mitted appeals to them, where the quantum in litiga
tion was upwards of three hundred pounds sterling.
The verdict in the present case was for a less sum;
but the counsel of Bryant, the plaintiff in Error, for
the retention of his cause, insisted that the writ of
Error was a writ of right ; that, according to the re
cord, manifest error had intervened ; that the Gover
nor and Council had been long in possession of the
power to redress the errors of the Supreme Court;
that this authority was part of the Colony .constitu
tion ; that though it originated by, yet it did not de
pend, any more than the Supreme Court, upon the
royal instructions ; that the existence of such a Court
of Errors was essential to the due administration of
justice in the colony ; that though the Court of the
Governor and Council would not prescribe for their
right to take cognizance in error, as the House of
Lords did in England, it stood nevertheless upon the
principles of necessity and utility, which had given
birth to the prescriptive right of the peers, and that
it was their duty to hold, and as far as possible am-
phfy, their jurisdiction; that the authority could not
be legally abridged or altered at the pleasure of the
Crown ; that had the instruction the efficacy of a law,
yet speaking only of appeals, a term known in the
civil law, it could not relate to relief in a course of
Error, according to the coramon law; that it had
never been duly proraulgated, and was therefore not
binding upon the subject ; that the writ of Error was
itself a coraraission under the Great Seal to the Lieu
tenant GoA'ernor and the Council, posterior to the
instruction, and for that reason their authority was
not affected by the latter; and, lastly^ that unless the
judgraents of the Supreme Court were reversible in
this way, they were so in no other, and the Judges.

1755.] History of New-York. 205
consequently, had an uncontrollable, absolute, and
formidable despotism over the property of the sub
ject, in all cases under three hundred pounds ster
ling — an authority dangerous to the colony'and all
suitors in it, not trusted by the constitution to any
Court in England.
The hearing upon this popular doctrine was on
the 27th of March, 1755, and the decision to over
rule all the objections and quash the writ, agreeably
to the King's order, without entering into any in
quiry on the merits of the bill of exceptions. The
only satisfaction of the counsel for the plaintiff in Er
ror, (of whom the author Avas one,*) arose from a dis
cernment that the whole Court was conscious of a
timid obsequiousness ; and the Lieutenant Governor
and Mr. Murray, more anxious than others, contra
vened the doctrine they had endeavored to inculcate
in that opinion, which the latter had delivered upon
honor to the Assembly, to support the Court of Ex
chequer, in the year 1734.
Before this determination, Mr. Delancey and the
Council had fallen under sorae degree of odium. The
undistinguishing multitude were alarraed at the pros
pect of a war, and the defenceless condition both of
our sea-coasts and inland frontiers. It was to still
these clamors that the Council advised, and the Lieu
tenant Governor issued, an unusual proclamation, on
the 10th of January, under his private seal, calling
the Asserably. to meet on the 4th of February, though
they were under an adjournment to the second Tues
day in March.
He informed them of the armament coming out
with General Braddock, for the expulsion of the
French from the Ohio ; urged them to fortify the co
lony; advised to a more compulsory regulation of
the militia, and to an attention to the Indians ; and

* With Mr. William Livingston and Mr. Scott. Mr. Nicoll, for 0-
briant the defendant in Error, on a motion for quashing the writ, had a
writ nisi cause. To which we plead on the 26th December, 1754.

206 Smiths Continuation of the [Chap. IV.
said, "he flattered hiraself that they would not risk
losing their all by an ill-tiraed parsiraony."
During the consternation, the proclamation, (not
withstanding a perfect concert took place between
all the three branches for disregarding the royal in
structions, and in a few days they emitted forty-five
thousand pounds in bills of credit, to be sunk by a
tax,) prohibited supplies of provisions to the French
colonies, and subjected the militia to such duties and
penalties as the Executive thought fit to prescribe,
but to screen the Assemblymen, the militia act ori
ginated with the Council.
At this juncture, Mr. Shirley dispatched his envoys
to animate the colonies to the project he had long
meditated for exterminating the French frora the
north continent of Araerica.
This gentleraan was colleague to Mr. Mildmay for
adjusting the contests in America, left unsettled by
the peace of Aixla-Chapelle, and in the conference
with the French commissioners at Paris, became jea
lous that France had the ambitious aim of subjecting
all the northern parts ofthe new world to her domi
nion. Then it AA'^as, that he conceived the idea of mak
ing a conquest of Canada. He proposed the design
on his return to Mr. Pelhara, but was silenced by the
pacific and economical maxiras of that rainister, and
ordered out to his government, from whence he never
ceased his complaints, to excite adrainistration to
sorae vigorous exertions. The rainistry were at length
corapelled to listen to his suggestions, by the accom
plishment of his predictions, and letters were now
written, by Sir Thomas Robinson, (Mr. Pelhara be
ing dead,) apprising all the provinces of their dan
ger, of which Mr. Shirley made a good use.
To this colony he sent Mr. Thomas Pownal, who
Avas trusted with the secret before communicated to
the Assembly of the Massachussetts Bay, under the
tie of an oath. Canada was to be threatened on the
side of the Kennebec and the Lakes Champlain and
Ontario, while Braddock's two regiments with the

1755.] History of New- York. 207
Southern aid, were to penetrate and reduce the
French Forts on the Ohio.*
Pownal found Mr Delancey and his party rather
cold and backward, and applied himself to a party
Avho from various causes were become so consider
able as to inspire the Lieutenant Governor with some
aAA'e, and especially as their views corresponded with
the recommendations ofthe ministry.
The Lieutenant Governor, therefore, soon after
Mr. Braddock's arrival, sent a message to the Assem
bly, on the 26th of March 1755, pressing for supplies
to quarter troops and impress carriages &c. and ap
prised thera of the precarious condition of Oswego,
where the garrison were exposed to want by the non-
payraent of their debt to Sir Williara Johnson, who
had contracted to subsist thera.
Having coraraunicated to thera at the sarae tirae
Mr. Shirley's letters, the Council called for a cora-
mittee frora the lower house, to hear Mr. Pownal's
explanation, and the joint committee immediately re
solved, " That the scheme was well concerted, and
that if Massachusetts would raise fourteen hundred
men, we ought to find eight hundred, and they
agreed to contribute to a general fund for the com
mon charge ofthe war.
Unfortunately the necessary preparations were sus
pended for Mr. Braddock's approbation of the plan.
Mr. Shirley was piqued at this delay, for no act was
passed; but the house after three days adjourned, till
the General's opinion could be obtained at a con
gress, to which he had called several of the Gover
nors at Alexandria.
That convention t was held on the 1 4th of April,
and when Mr. Delancey returned, urged the Assem
bly on the 23d of that month to proceed ; informing
thera, that General Braddock bad consented to the
* Mr. Shirley's letter was communicated to the council of New- York
10th March 1755, and Mr. Pownal introduced four days after to explain
and enforce the project.
f Governor Shirley took his route on Long Island, and passed through
the village of Flat Bush on the 6th of April. Mr. Delancey, with his bro
ther Oliver and others, followed the day after.

208 Smiths Continuation of the [Chap. IV.
plan, and the next day, the Assembly resolved and
soon after passed, bills, for levying eight hundred
men, to act on the side of CroAvn point, to impress
artificers for constructing boats, &c. and to prevent the
exportation of provisions to the French.
After these became laws, Mr. Delancey on the 2d
of May adjourned the house to the 20th, and then to
the 27th, when he further informed them, that Con
necticut had agreed to supply three of the eight
companies at our expense, and that he had sent to
Virginia for the necessary arms for the whole eight
hundred; that more forts would be necessary on
Hudson river, and a large vessel in the Lake, (St. Sa
crament, since Lake George) ; that it was agreed at
Alexandria to make presents to the Indians, and that
money ought to be applied for that purpose, and for
the expenses of Mr. Johnson, the Comraander in Chief
ofthe provincial troops, against Crown Point, suit
able to his rank of Major General.
The Asserably, proceeding upon the plan of the
late Congress at Albany, for apportioning the aids of
the colonies, voted fifty pounds towards artificers for,
constructing forts. One hundred and seventy four
pounds ten shillings and eleven pence as their propor
tion of eight hundred pounds sterling, for Indian pre
sents. Eighteen hundred for arming their levies, and
engaged for their proportion towards a vessel on the
lake. A bill was set on foot for the payment of the
necessary services of the Crown Point expedition,
and clauses ordered to be inserted to pay the Lieu
tenant Governor, two hundred pounds for his journey
to Virginia, and twenty-two pounds more to his bro
ther Oliver, who went to Connecticut, to obtain three
hundred raen towards accomplishing our levies in
that colony, and for his diligent and faithful services
there, he had the thanks of the house. But before
any further progress was made the Lieutenant Gov
ernor adjourned thera on the last of May, to the
10th of June, when he informed thera, that he had pro
cured arras frora Virginia for six bund red of their men;
that a severe law was necessary to obstruct the sale of

17 55-] History of New-York. 209
rum to, and purchases of, arms frora the Indians ; that
a reimbursement was required for a present to them
of Indian corn, and that drafts from the Militia were
expedient towards completing the levies. This
message contained the following clause : " In the
quotas to be settled for the contingent charges which
may arise, none of the colonies ought at present to
be considered but such as are engaged in the expe
dition, lest the service should suffer by it, or by too
minute a calculation. The proposed expedition is
of such consequence, that it ought not to be retarded
by any light consideration."
Qn the seventeenth of June, he calls upon them for
two thousand pounds, as a fifth of the expense ofthe
train. Repeats his request towards General John
son's expenses. A supply of their proportion to
wards Indian presents. Provision for a Quarter
Master to he appointed by himself, and applauds the
forraer evidences of their zeal.
Tavo days after they agreed to give two thousand
pouftds towards the train ; four hundred and fifty
pounds to the Indians; fifty pounds to General John
son for his table, as rauch to the Colonel of their own
xegiment; thirty pounds to the Major, and four shil
lings a day to one of the Officers serving as Quarter
Master.. The Council afterwards sent the lower house a bill,
Bgainsft the exportation of provisions, stores of war,
iSsc, and in the second reading of it, the Lieutenant
Covemor adjounaed them again to the tAventielh of
Jime for four days.
Mr. Kennedy, the Receiver General, carried
tliTOU]^ his quit-rent bill at this session, but it excited
resentnaenit, and the house on the twenty-fifth of
jQiTe,id«esrired to know from the LieuteiiEint Govemor
Avhart Aiad been done respecting the powder he had
seized as the King's Collector ; adding, "thatitAvill
be impracticable to keep any gunpowder for the use
of the colony, if it be liable to be thus arbitrarily
seized and taken out of the custody of the officer,
under pretence of being unlawfully imported." He
27

210 Smiths Continuation of the [Chap. IV.
rephed, that the affair (as he took it,) rested with the
lawyers, and promised to give directions to quicken
the proceedings ;* and the same day they sent him a
message, desiring him, as Mr. Shirley was hourly ex
pected, " to use bis utmost endeavours to settle with
him all matters relating to the Crown Point expedi
tion, that the same may not be retarded for want of
any articles necessary for carrying on the said expe
dition." The Lieutenant Governor laid before them on the
fourth of July, a request from Boston, that prepara
tion might be made by this colony for an addition to
the troops. They only voted that they would augment
their aid if it was necessary ; and after adding sundry
clauses for further expenditures, sent up the bill to
provide for the services, on the fifth of July, which
the Council read thrice and sent up to the Governor,
who passed it the very same day it came up from the
Assembly, and he then adjourned them to the twenty-
second of that raonth.
The people of the Massachusetts Bay, taking the
advantage of the common distress, were now making
new inroads upon the colony. The scattered farm
ers on the eastern borders, unable to resist the large
bands of intruders who came upon thera by surprise,
had their property despoiled, and were themselves
carried off to distant jails, and harassed by the de
mand of extravagant bail. The pretext for these
violences, besides a proclamation to apprehend the
intruders, was a letter to Governor Shirley from Mr.
Delancey, declining their proposal of last winter of
having the decision of their controversy, relating to
the partition, to disinterested referees; but early in
the spring, a comraittee under that government pro
tected by men in arras, began surveys for towns west
and north-westward frora Sheffield, and within twelve
or fourteen railes of Hudson's River. These transac-

* Mr. Kennedy did not succeed entirely to his wish. To the bill there
were many popular clauses, for the Assembly would not impose any rent
Tipon the old patents that had been free from them before.

1755.] History of New- York. 2 1 1
tions were reported to Mr. Delancey, by persons who
conferred with the coraralttee both at Sheffield and
Springfield, in a letter of the twenty-ninth of May,
and his silence at this session upon a subject so inter
esting to the proprietors of the raanors of Livingston
and Renselaerwyck, as well as many others in the
north country, who beheld the rapid growth and as
piring spirit oftheir eastern neighbours, administered
to censure and discontent. It is some proof, if our in
telligence was true, that the committee were them
selves conscious of a defeat of title in their princi
pals, that they made presents of cultivated land to
such of the tenants as were wilhng to contest the title
of their landlords, and sold the residue at the low
price of but two shihings lawful money per acre.*
One of the prisoners was a workman taken from the
casting of cannon ball at the Ancram furnace for the
King's array; and that the service might not suffer,
Governor Shirley wrote to the judges, requesting
that he might be bailed. It was no sooner read than
they declared, that this interposition of the Gover
nor's was of itself a good reason for holding him in
close custody. This anecdote is recorded, not to ex
pose their ignorance of a prerogative vested by law
in the King, whose letters against law and right are
doubtless to be disregarded, but to show the extreme
jealousy of the high-spirited descendants of the men
who had curbed the tyranny of Charles I.
That Mr. Shirley, whose regiment with Sir William
Pepperel's, had passed by us up the river on the
twenty-fourth of June for Niagara, censured the
tardy proceedings of this colony, when he arrived at
New-York on the second of July, and from which he
departed two days after, was universally known.

* The author accompanied Mr. Robert R. Livingston on this journey.
On the 16th of May they met Brigadier Dwight, Colonel Choat, and Major
Hawley at Sheffield. They had a vote of the General Court, authorising
them to make grants west of Sheffield and Stockbridge, as far as to the
province of New- York. They could not be dissuaded from prosecuting
their surveys under so dangerous and indecisive a power, being under in
structions. They refused giving a copy ofthe vote.

212 Smiths Continuation of the [Chap. IV.
How well it was founded, is left to the reader to
determine. The Speaker's letter to the agent of the
sixth of July, was doubtless intended as the justifica
tion of their proceedings. " By our last advices from
the westward. Major General Braddock was on his
march frora Willis's Creek, within about fifty miles
of the Ohio; his men well and in high spirits. On
the fourth instant. Governor Shirley set out from this
place for Albany, bis men chiefly gone before, intend
ing with all expedition for Niagara. 1 his little army
consists of his own and Pepperel's regiiUents, joined
by five hundred men from New-Jersey, and five hun
dred more proposed to be taken from Major General
Johnson's command ; so that this union Avill of course
carry into execution the clause and article of war
you sent us, and show its effects. The enterprise to
Crown Point has so thoroughly engrossed the atten
tion of the House, that they have not been able to
apply themselves to the affair of the Jersey line.
The provincial forces of this and the eastern colonies,
are on their march for Albany, in order with the
utmost despatch to proceed to Crown Point, under
the comraand of Major General Johnson, who, it is
said, has engaged a good number of Indians to attend
both armies, and I ara in hopes by October next, we
shall be in possession of all the settlements they have
made on his Majesty's lands. This colony has, on
this occasion, exerted its utraost, having in conjunc
tion with the colony of Massachusetts Bay, furnished
the whole train of artillery, amounting to an expense
of ten thousand pounds currency, the other colonies
having furnished no part thereof"
It must, however, be remembered, that one motive
to the zeal ofthe party who had so long predomina
ted in the province, was taken away from the moment
the news arrived in March, that Sir Charles Hardy
was coraing out to take the reins. Their disgust
could not be concealed; Mr. Delancey had the mor
tifying prospect of descending to the bench with a
disputable title, and the merabers were not without
their fears of a dissolution, from the firmness of the

1755.] History of New-York. 213
administration respecting the permanent support, the
rejection of their address to the King, the unac-
countableness oftheir act respecting the Jersey line,*
and the inattention of the Lords of Trade to their
impeachment of the late Governor. Add to this, that
the dissentions respecting the College had spread
through the colony, and endangered the seats of
several merabers ;t and that the Delanceys were
not a little chagrined, both with Mr. Shirley and
General Johnson. The former having preferred
Messrs. Peter Van Brugh Livingston and William
Alexander, to Mr. Oliver Delancey, for agents in the
purchase of supplies for the Niagara expedition, and
the latter being a partisan of Mr. Clinton's, and
therefore not paid, and hated the more, because
favored by General Braddock, in consequence of the
patronage of Mr. Shirley. Not to mention that Shir
ley had expressed himself to the Lieutenant Governor
with a tartness not easily to be forgot, though it AA'as
necessary to guard against his attacks ; add to this,
after the precipitation of the act providing for the
service by three readings in one day. and the stimulus
respecting Mr. Kennedy, an opposer of that bill, and
the promoter of another sent from the Council to the
House for the easier recovery of the King's quit-rents,
was ascribed.

* To weaken the opposition, Mr. Delancey had granted an additional
charter, enabling the Ministers, Elders, and Deacons of the Low Dutch
Church of New- York to choose and maintain a professor in the College of
their persuasion, andon the 12th of June, the Governors petitioned the
Assembly for tlie money which had been raised and put into the hands of
the Trustees, but it was carried by a majority of two, to postpone the
consideration of their request to the fall of the year.
t Mr. Charles's letter of 25th of March, 1 755, had utterly subverted the
confidence of those who relied on the Lieutenant Governor's opinion con
cerning the proper mode of settling that controversy, concerning the hear
ing at the Board of Trade on the act for submitting it to the King's de
cision, he writes, " tbeir Lordships declare that they look upon the said
acts as waste paper, and that the settlement of the line in dispute can no
otherwise be made than by Commissioners from the Crown. — Again, 2nd
June: — " I now find that their Lordships have agreed in a Report against
the act as ineffectual to the purposes for which it was intended, and that it
will b^ in vain to oppose the Report in Council." — And he importunes the
House tt>~provide far the expense of a commission, as he had often before,
for names to be prepared for commission.

214 Smiths Continuation of the [Chap. IV.
At the close of this meeting, Mr. Richard, Mr. Wal
ton, Mr. Cruger, and Mr. Watts, all merabers for the
capital, were joined to the speaker at his request of
aid for managing the future correspondence with the
agent. The account of the death and defeat of General
Braddock on the ninth of July, reached us on the
tenth day after, and gave a shock more easily con
ceived than described.
Coraraon sense suggested, that as the attempt
against Fort Du Quesne was thus become abortive,
reinforcements were necessary to give success to the
two other enterprises against Niagara and Crown
Point ; and especially to the former : yet when the
Asserably raet on the twenty-second of July, Mr.
Delancey adjourned thera to the fifth of August, and
then delivered a speech for fresh levies of raen in
such aniraated terras, as increased the astonishraent
at his silence a fortnight before, and how he could
then think it for his Majesty's service that the mem
bers should be dismissed, and noAv utter himself that
"the safety and being of the British colonies are
near a crisis. Nothing will tend more to animate
our troops, than our proceeding iraraediately to raise
an additional number of men to join thera, nor can
any thing be more effectual to confirra our Indians in
their dependence on us, than to show thera we have
strength sufficient to protect thera, to defend our
selves, and to chastise our enemies. Let it be ex
erted with the utmost vigor. As the provincial troops
are already on their raarch, any assistance we give
them raust be sent without the least delay ; and there
fore if a sufficient nuraber of volunteers do not offer,
it is necessary drafts should be made, and the suc
cours be despatched with all speed. I recommend
it to you to provide funds. I have thought of three,
a poll tax of ten shillings or more on every slave from
fifteen to fifty, an excise upon tea, and a stamp duty.
If they are insufficient, raake an addition to the tax
on estates real and personal."

1755.J History of New-York. 215
Lieutenant Governor Phipps, of the Massachusetts
Bay, had before urged an augmentation of the army
destined to Crown Point, and his letter was now
comraunicated to the Asserably, and led to the real
object of the message ; for the House instantly signi
fied their concurrence for the reinforcement of that
body, and a bill was brought in for a new emission of
ten thousand pounds to defray the expense, which
was sent up to the Council on the 12th of August.
Objections were now immediately started to it, and
amendments proposed. Four hundred men were to
be raised, at fifteen-pence a day. If volunteers did
not offer, the quotas in all the counties, except New-
York, were to be drafted by ballot ; but in that, the
Captains had authority to pick out the individuals.
Nothing could be more essential; and it Avas imputed
to design, to gratify private revenge, excited by the
opposition to the College as well as to influence at
the new elections, which every body iraagined Avould
take place as usual on the arrival ofthe new Gover
nor. The Lieutenant Governor, who had set his^
heart upon the bill, intruded upon the Council the
day it came up, and pressed their assent with an in
decent freedom. The intended amendments could
not have been rejected, without exposing the Lower
House to the resentraent of the people; and the
Council, confident of success, resisted the Lieutenant
Governor's iraportunity, and resolved to send them
down. But, deterrained that the bill should pass as it
stood, or be lost, he iraraediately published the secret
which Mr. Shirley had incautiously trusted to hira, and
which the Council had engaged not to divulge before
their araendments were adopted ; and that very after
noon sent the General's letter to the House, of the
7th of that month, informing him that he had ordered
Colonel Dunbar, who commanded the twelve hun
dred regulars that escaped on Braddock's defeat, to
march immediately to Albany; and frora that mo
ment the augmentation of the provincial forces gave
place to a vote for refreshing and transporting the
regular troops; and two days after, the Assembly

216 Smiths Continuation ofthe [Chap. IV.
was adjourned to the 26th of that month, and after
wards to the 1st of September.
But to guard against any disadvantageous impres
sions in England, care was taken to despatch a letter,
on the 12th of August, to the agent, which, after men
tioning Braddock's defeat, the loss of eight or nine
hundred men, and the artillery and, baggage, "for
ioant only of a little caution," it adds : " What steps the
southern colonies will take in this juticture, I know
not. As for us, Ave can give no assistance, being en
gaged in an expedition against Crown Point ; and
this disaster of General Braddock's, has laid us under
a necessity of reinforcing our troops on that expedi
tion, at the expense of ten thousand pounds more.
Mr. Shirley is gone to Oswego, witb about three thou
sand men, to endeavor to seize Niagara, and inter
rupt the communication between Canada and the
Ohio, through the Lake Ontario : but its success may
now justly be doubted, as the French will be able,
firom the forces on the Ohio, to strengthen Niagara.
In this disjointed state of our colonies, I fear we shall
never be able to do any thing to effect. If the govera-
, ment at home will form us into an union, (for here I
fear it never will be done,*) I make no doubt, but by
a little assistance from Great Britain, in raoney, ship
ping, and warhke stores, we shall be able to drive
this restless, treacherous, and savage enemy, from this
continent."

* On the 15th of this very month of August, Mt. Charles complained
that no copy of the Albany plan of last year had even then been transmit
ted to him. The answer to this letter, of 4th November, perhaps assigns
the reason. " The plan of union concerted at Albany, and sent home last
year to be enforced by Parliament, we might object to ; but a union ap
pears so absolutely necessary, that we shall throw no obstacles in its way.
As to the funds you hint at for American affairs, to wit, a «tamp duty, and
a duty on foreign molasses, we conceive it will be best for each colony to
be left at liberty for raising and supplying their quota of money for gene
ral service, in such manner as they shall find will be mostfor their ease,
thongh we have no objection to a duty of a penny sterling per gallon on
foreign molasses, to be cQllected in each province, and applied towards
raaking up the quota of each province, where collected for the general use
of America ; but a stamp duty we apprehend would be burdensome."

1755.] History of New-York. 217
Whether this letter was or was not despatched
before Mr. Shirley's letter on that day was comrau
nicated to the House, there certainly was art in leav
ing the agent to make a use of it, for the credit of a
colony that neither contributed this reinforcement it
boasts of, either to the western or northern expedi
tions of the year.
But a very different spirit prevailed in the eastern
colonies; for, upon the southern defeat, Massachu
setts added eight hundred and Connecticut fifteen
hundred men to the forces already under Gen. John
son's coraraand ; and this compelled Mr. Delancey to
defer any further adjournments. When he met the
Assembly again, he counterfeited the highest appro
bation of the zeal and vigor of our eastern neighbors,
and urged the House (the reader, doubtless, ima
gines) to increase their levies in the same or a greater
proportion. But let us take his own words. " I do
most earnestly recommend it to you to take measures
suitable to this occcmon. It would be a most sensible
mortification to me to find this province backward in
bearing their share in a matter so nearly touching
their honor, their interests, and perhaps their being.
This province has already done much for their security,
and contributed ihaiv full quota to the first plan of the
expedition. Go on, then, to accomplish a work al
ready begun. Exert yourselves so as that we may
appear with credit, and that we may, by the blessing
of God, have reason to expect a happy issue to our
undertakings in so just and righteous a cause."

CHAPTER V.

From the time of Lieutenant Governor Delancey^s ceasing to
administer the government, to the arrival of Sir Charles
Hardy as Governor.
Sir Charles Hardy arrived on the 2d of Septem
ber, in the Sphynx ship of war, within a few iours
28 /

218 Smiths Continuation of the [Chap. V.
after this message was transmitted to the House ; but
by the artifice of Delancey, he was detained on board
till the next day,* when his coraraission was publish
ed with the usual solemnities, and followed by an
entertainment, bonfires, illuminations, and other ex
pressions of joy.
Sir Charles, whether self-moved, or led by the ad
vice of the Lieutenant Governor, who had hira to
himself the whole preceding evening on board ship,
apart from the Council, repressed all disagreeable
intimations for the present ; and on the fourth, sent a
short message to the House, which, to those who were
attentive to the artifices of the day, portended, what
was soon after manifest to every body, that he had
not talents to govern without a leader. He applaud
ed Mr. Delancey's last message, though he certainly
had not time to discern its true end ; applauded their
alacrity in raising supplies; and in a word, after a
declaration of his hopes that they would give some
further assistance, concluded with a compliraent to
the Lieutenant Governor, leaving them to proceed
upon his request.
The House, however, resolved, that it was too late
in the season to raise men for the assistance of the
Crown Point array, but that they would give eight
thousand pounds towards two thousand men then in
part levied in Connecticut for that purpose ; and im
mediately ordered in a bill to strike money to that
araount ; and then presented the new Governor with
an address, congratulating hira upon his arrival;
gently inforraing him of the custom of new elections
at such a juncture; declaring their satisfaction in a
dissolution, if he thought it consistent with the King's

* The Council were met to receive him, when Chief Justice Delancey
obtrudM, and offered to be the bearer of a message to the Governor that
the militia could not be drawn up to receive him till the next day, and re
questing that he would postpone his landing in tbe interim. They tamely
consented, instead of reproving him for the intrusion.

1755.] History of New- York. 2 1 9
interest and the security of the colony ; apologizing
at the sarae tirae for the tardiness of their corapli-
ments, by the iraportance of their business, and an
attention to necessary speed; and concluding with
a testimonial of the upright intentions of his prede
cessor. Sir Charles, though he had Mr. Pownal then about
him, and from whom he could be well informed of
the state of our parties, and had himself been guard
ed by an address coramunicated under cover, the
day after his arrival, by the free pen of an anony
mous writer, who had maintained a weekly paper for
a year past, under the title of ' The Watch-Tower,' —
thanked them for their congratulations ; expressed
his pleasure in their professions of loyalty ; promised
an attention to the public weal ; took encouragement
from their applause of a Governor who regarded the
King's service and the prosperity of the colony;
thought their willingness to appeal to the people, a
proof of their consciousness of their own rectitude,
and applauded their despatch in the business before
them. On the llth of that month, the Governor passed
the bill for eight thousand pounds to Connecticut,
with another, which also originated in the Lower
House, and three others which took their rise in the
Council ; and then put an end to the session.
Nothing was known, till the day after, of the attack
upon the provincial camp at Lake George, and the
repulse of the French, and the capture of Baron
Dierhau their General. Upon the first news of that
action, which happened on Monday, the 8th of Sep
tember, Sir Charles determined to visit Albany, and
forward the Connecticut reinforcements. He took
with him the Lieutenant Governor, Mr. Horsmanden,
and Major Rutherford of the Council, with Mr, Poav-
nal, and sailed on Sunday the 14th. Gen. Johnson,
Avho left Albany Avith the artillery on the Sth of Au-
o-ust, had arrived at the south end of Lake George
but a few days before the French army appeared.

220 Smiths Continuation of the [Chap. \.
and had only felled a few trees on the land side of
his camp.
The Baron had collected about three thousand
men at Crown Point, and led a detachment of tAA'o
hundred regulars, six hundred Canadians and as
many Indians, up the South Bay, intending to pass on
and lay waste the settlements down to Albany ; but
near Fort Edward, turned back, Avith hopes of cut
ting off that part of the army then fourteen miles
higher up the lake. He was first raet by a party of
about one thousand men, a few miles from our camp.
These he drove before him, as well as a second de
tachment sent out to support them ; and by a very
great error, instead of storming the log breastwork,
he halted, and scattered his irregulars at one hun
dred and fifty yards, kept up a fire of musquetry till
the camp recovered from its surprise, and began to
play upon them with artillery.
Wounded, and deserted by all but bis handful of
regulars, he thought of nothing now but returning to
his boats at South Bay, but was pursued, wounded
again and taken. A detachment of two hundred men
from Fort Edward arriving at this instant, pursued
the flying army, and completed the repulse before the
dusk ofthe evening. Sir William Johnson receiving
very early a Avound in the thigh, the defence was con
ducted by General Lyman of Connecticut. The loss
of the enemy, though rauch raagnified at that time,
was afterwards found to be less than two hundred
men. Our Indians bore no part in tbe conflict, and
soon after made the circuit of Albany, in their return
to their own castles on the Mohawk river. All the
Crown Point expedition ended in the construction of
another fort, distinguished by the name of William
Henry, while the French were erecting another at
the pass of Carillon, or Ticonderoga.*

* The Indian word is descriptive of a point at the confluence of three
waters. TU.on is a corruption. To preserve the Indian pronunciation, it
should have been yniiiexy Tjeonderoge. ¦

1 755.] History of New- York. 22 J
The Niagara expedition was still more unsuccess-
fol. Nothing was effected except the preservation of
Oswego, where General Shirley arrived on the 21st
of August. After building the vessels, the want of
provisions at that distant port retarded the army till
the inland sea of Ontario, which they were to navi
gate, became too boisterous for a safe transportation
of the troops ; and the General, having constructed
a new fort, and made dispositions for the safety of
that post, retired on the 24th of October, taking his
route to Albany, where Colonel Dunbar had just
brought the reraains of Braddock's army to be win
tered,* and thence to New-York, to a congress of
Governors and principal officers of the array, to con
cert a plan of operations for the ensuing year.
The night of Tuesday the 18th of Noveraber, was
rendered memorable by an earthquake. The moon
was at the full, the sky bright and perfectly calm.
About two minutes after four in the morning, a rum
bling noise was succeeded by jarring vibrations for
four or five minutes. The shocks appeared to be not
undulatory, but horizontal. The house the author
was in cracked, and the windows rattled, but no fis
sure was made in the walls, nor did a brick fall from
the chimneys.
The Speaker's, or rather the comraittee's letter of
the 4th of Noveraber, under his signature, to the
agent, after raentioning General Johnson's army, ob
served, that "they had got no farther than Lake
George, and I greatly fear will not reach Crown Point
this winter. The French, it seeras, impatient of our
delay, met our forces at that lake, on the 8th of Sep
tember, and endeavored to storm their camp, but
were repulsed with considerable loss. Their chief
commander, witb raany others, were taken prisoners,
and their next, with six or seven hundred raen, were
killed upon the spot. Why this victory was not pur-

* They passed by the metropolis in thirty-three transports from New-
Jersey, but not before the Sth of October..

222 Smiths Continuation ofthe [Chap. V.
sued, and a proper advantage made of it, I cannot as
yet account for." After reporting, that the second
in command was at the defeat of Braddock, he adds
— " Surprising diligence on that side ! — but what term
to give it on the other, I am at a loss. As to Gover
nor Shirley, he is returning without proceeding fur
ther than Oswego. What retarded his operations, I
cannot yet learn. Sir Charles Hardy, our Governor,
arrived here on the second of Septeraber, and was
joyfully received by our Lieutenant Governor and our
province. On the first news of the action at Lake
George, he immediately went to Albany, with our
Lieutenant Governor, and several of his Majesty's Coun
cil of this province; frora whence he is not yei return
ed, though hourly expected, and where, it is said, he
has been remarkably assiduous in forwarding every
thing relating to the expedition. We as yet know
nothing of his instructions."
Sir Charles did not return to New- York before the
26th of November, nor General Shirley until the 2d
of December ; the former, on that day to meet his
Assembly, and the latter, shortly afterwards, the
congress he had convoked.
Sir Charles was uoaa' obliged to reveal the disa
greeable orders he had received, upon the long-con
tested quarrel respecting the annual support of the
civil list. The moment it was divulged, there remain
ed no further doubt of the truth oif the reports from
Albany, that there had been bickerings between him
and General Shirley, and that Mr. Delancey swayed
the councils of the new Governor. With an Assem
bly at the beck of the Lieutenant Governor, he saAv
the propriety of surrendering himself into his hands,
or of entering into a quarrel, Avhich, considering the
exigency of the hour, endangered both his credit and
his interest. ^
He told them plainly, that he Avas commanded to
insist upon a perraanent, indefinite revenue ; provid
ing in the same law, competent salaries for all the
usual officers of governnient, repairing and maintain
ing fortifications, annual presents to the Indians, and

17-55.] History of New-York. 223
for unforeseen contingents attending that service, and
in general, for all the fixed and ascertainable charges
of government: after which, he demanded their
quota towards the garrisons Of forts Edward and Wil
liam Henry, and for a discharge of the arrears that
were due to the troops in their pay.
The scheme concerted, was to tack the provision
wanted with the payraent, not only of what was due
to the array, but to the officers of government, who,
in consequence of the thirty-ninth instruction, were
hitherto unpaid, and thus to create a still greater de
pendence ofthe Executive upon the pleasure of the
Assembly, who now raeant to adopt the practice of
paying the officers after tbe year^ as public creditors,
instead of securing the payraent for services hereaf
ter to be done.
The Assembly, in their answer, declare, that his
activity in proceeding to Albany, and forwarding the
Crown Point expedition, merited the highest ap
plause; and that the erecting and garrisoning the
two nprthern forts, (for not a word is lisped concern
ing Oswego,) were "wholesorae and well-judged
measures." After which they proceed to the grand
subject of debate, and warily reply, that they had no
convenient funds for an indefinite support, and there
fore hoped to be excused for declining a raeasure
opposite to the sentiments of almost every individual
ofthe colony. They added, that they could not help
disclosing their concern, that a province so small in
numbers, and so cheerful and liberal in supporting
the government, was asked to do what others were
not; and concluded with testifying great gratitude
to the Crown for its eminent favors.
The Governor replied, that " his Majesty having
constituted this his province into a government, justly
expected a support of that governraent by a perma
nent revenue, settled by a law, that shall be indefi
nite ; and as to the funds or means of raising that
support, it lies with you, whora I am extremely happy
to find sensible of, and so gratefully acknowledging,
his Majesty's paternal care and favor."

224 Smiths Continuation of the [Chap.V.
The House continued sitting until the 23d of that
month ; and then, after passing several laws, adjourn
ed, without discord, till the holidays were over. The
Assembly sought no occasion for controversy, while
the Governor on his part soothed them with hints of
his disapprobation of the orders he had delivered
frora his master, and with intimations of his unwilling
ness to take umbrage at their non-compliance.
By this conduct, a,nd the help of the prevailing
party, he grew popular, while the General of the
army, by the acts of the same junto, was defamed.
Mr. Shirley continued his head-quarters at New-
York till the 21st of January, when he set forward to
Boston, to accelerate a winter expedition against
Ticonderoga, which he had planned after his main
scheme for the operations of the next campaign was
adjusted : and Major Rutherford and Captain Staats
Morris were despatched with copies of it to the
minister. This Congress opened on the 1 2th of Deceraber,
and consisted of the General, Sir Charles Hardy,
Lieutenant Governor Sharp of Maryland, Mr. Morris
of Pennsylvania, Mr. Fitch of Connecticut, Colonel
Dunbar, Colonel Peter Schuyler, Major Craven, Sir
John St. Clair, and Major Rutherford.
It soon transpired, that the General intended to
drive the French frora Frontenac and Toronto, two
forts on the north side of Lake Ontario, gain a domi
nion of that sea, and cut off the communication be-
tAAcen Canada and the interior dependencies at Nia
gara, Fort Du Quesne, Detroit, Michillimackinac, and
the posts on the waters of the Mississippi. By whom
the resolutions of the council of war were first divulg
ed, was never discovered ; but very soon after the
Governors were gone home, one Evans, the author of
a map of the raiddle colonies, in print asserted the
title of France to the very country proposed to be
invaded ; and every body knew that this man was
patronized by Mr. Pownal and the partisans of Mn
Delancey. These gentlemen, as Lieutenant Gover
nors, the former of New-Jersey, and the other of

1755.] History of New-York. 225
New- York, were piqued at not being invited to assist
at the grand deliberations of the day, and took all
opportunities to revenge the General's resentment of
their intrigues, Avhen at Albany — to sow discord be
tween him and Sir Charles Hardy — undervaluing his
services on the western expedition, and magnifying
General Johnson's defence at Lake George, of which
they had before spoken slightly, as the achievement
of a hero and the saviour of his country. And thus
the man, who, when first noticed by Mr. Chnton, was
treated with contempt for adhering to that Governor,
could not obtain the payment of a just debt often de
manded from the Assembly, was of a sudden intro
duced into the capital with the pomp of a triumph.
A crowd went out to raeet him, when he made his
entry, surrounded with coaches and chariots, into a
city illuminated to his honpr, though the General,
Avhose interest he came to solicit for the next year's
comraand, had a few days before arrived frora Alba
ny, and landed almost without observation.
Before Mr. Shirley left New-York, he proposed a
winter expedition to surprise and seize the post of
Ticonderoga, and Sir Charles coraraunicated the se
cret to his Assembly on the 10th of January, 1756,
and besought them for their contributions.
The House, after three days, declared it to be a
hopeless project, unless the General would, instead
of two, send four hundred regulars along with the
provincial troops, and muttered their discontent at
the proportion to be supplied by the Massachusetts
Bay. 'The General, through Sir Charles, informed
them that all the troops under Colonel Dunbar and
Lieutenant Colonel Gage, amounted to but six hun
dred, and that so many as they Avished for could not
be spared, without reversing the plan just settled in
the general congress for the ensuing campaign. The
Assembly adhered to their first opinion ; and the Ge
neral, a few days after, proceeded to Boston, in order
to excite the eastern colonies to prosecute the enter
prise without the aid of New-York, and to forward
the preparations for the general services of the year.

226 Smiths Continuation of the [Chap. V.
Pownal returned to England soon after Mr. Shirley
went to Boston, and Sir Charles was now left alone.
Before the Governor arrived, it was reported by
Pownal, and believed, because his brother was Se
cretary to the Board of Trade, and a necessary in
strument to the Earl of Halifax, who presided there,
that a new commission, durante bene placito, would be
sent out to the Chief Justice, that he might, if he took
it up, henceforth be en bride. Being at Albany in
October Term, the multitude reraained in suspence
concerning the part he was to act, till the next Court
in January was opened.
Mr. Delancey, frora the death of Sir Danvers Os
born, asserted his title in all corapanies, nor did
he orait his attendances at any of the jovial feasts and
conventions of the profession of the law. His parti
sans at the Bar had tested the writs in his name to
countenance his pretensions, while others inserted
the names ofthe puisne Judges, without his, and some
those of all three. The puisne Judges uttered pub
licly not a syllable upon the subject, though tt^ey
held their places during good behaviour, through
dread of his power over the Assembly, by whom they
were supported, though they had privately declared
that his commission was extinct. They waited to see
what part the Governor meant to take, imagining he
would offer Mr. Delancey a new comraission, and if
he did not, meant to be silent — judging then he must
have resigned himself to the demagogues, for the
easier manageraent of the Asserably.
The Court opened during the raoment of suspence,
on the 20th of January ; and the hall being rauch
crowded, the Lieutenant Governor raade his appear
ance, strugghng through the populace to advance to
wards the Btench. As the Sheriff's officers called
upon the crowd to give way, he stepped forward,
with a countenance of anxiety and confusion, until
Charabers and Horsmanden, the puisne Judges, took
him by the hand with a cringing courtesy, and placed
him between them on the Bench, where he continu
ed till two prisoners, one charged for a murder aiid

1756.] History of New-York. 227
the other for a theft, were arraigned and taken from
the Bar.
His dorainion over the Governor was no longer
doubted by most men, though it was still Avhispered
by a few, that Sir Charles took this conduct for a
bold attack upon the prerogative : but this continued
only until the 4th of February.
That day was appointed for arguing a demurrer to
a bill in Chancery before the Governor. The author
was one of the counsel in that cause, and they waited
long for the Chancellor's appearance, not suspecting
that the perturbation of his mind was the cause of
his absence. While the suitors were left below, they
were invited into his private apartment, and a con
versation ensued, of which the author made a minute,
and he therefore transcribed it, as being too charac
teristic of Sir Charles to be omitted.
Addressing himself to the counsel ori both sides,
Mr. Murray, Mr. Smith, Mr. Nicoll, and the author,
he said, " I beg pardon for detaining you, gentleraen.
Does this matter turn upon a point of law }
Answer. It is a demurrer to a bill, and raises the
question, whether the complainant's relief is not to
be at common law }
Sir Charles^ I desired the Chief Justice to be here,
and he is not corae. I can't take upon rayself to say
I understand the law.
Mr. Smith. Few Governors will ; but it is a branch
of your office. Sir Charles.
Sir Charles. I have been a Justice of the Peace in
England, but know nothing of the law. My know
ledge, gentleraen, relates to the sea: that is my
sphere. If you want to know when the wind and tide
suit for going down to Sandy Hook, I can tell you
that. How can a Captain of a ship know any thing
of your demurrers in law ?
Mr. Smith. A Master of the Rolls is wanting, with
an appeal to the Governor and Council.
Sir Charles. I think so too ; but will the Asserably
support one ? May I expect success if I try it ?

228 Smiths Continuation of the [Chap. V.
Mr. Murray. They don't love to part with money ;
and all agree, that he could not flatter himself with
any liberal provision for a new officer.
Sir Charles. Can't you settle' this matter, gentle
men, among yourselves ? I ara sure you can, better
than I can for you.
Mr. Smith. No, Sir ; we are at variance, and must
be deterrained by your opinion.
Sir Charles. Can't you leave it to arbitration ?
All. Not without the consent of our clients, and
that we can't advise.
Mr. Delancey came in, to the great joy of the Go
vernor, and the morning being spent, it was proposed
to adjourn the hearing to another day. At parting.
Sir Charles said, " I beseech you, gentlemen, to bring
these kind of questions before me as seldom as pos
sible. If you ever dispute about a fact, I can search
the depositions, and perhaps tell who has the best of
it; but I know nothing of your points of law." The
cause was afterwards debated, and a decree pro
nounced by Mr. Delancey, who dictated the entry to
the Register. The Governor, who awkwardly sat by,
interfered only to pronounce an " Amen."
The Asserably now instituted two bills for the sup
port of government — one to discharge the arrears of
the officers, tacking suras for other services, and an
other providing for the ensuing year. By the forraer,
Mr. Delancey was to receive three thousand seven
hundred and eighty-seven pounds sixteen shillings;
his brother OHver, about four hundred pOunds ; the
agent, nine hundred and fifty four pounds seventeen
shillings; the Judges, their arrears for two years;
and the Governor, five hundred pounds for his voy
age to Albany, and two hundred pounds more under
the name of expenses in transporting presents to,
and victualling the Indians at, that place ; and the
latter was to operate as a confirmation of his title to
the Chief Justice's commission, by a salary for the
current year. This last was sent to the Council on
the ;iOth of January, and the former followed five
days after it.

1756.] History of New-York. 229
Possessed of these bills, the Council rejected a
favorite five pound act ; and the very next day, the
Assembly played off their old artillery against Mr.
Kennedy, by a message to the Governor against the
seizure of the gunpowder disputed, and still unde
cided, in the Admiralty, and desiring hira to cora-
plain of that as an injury to the colony, in a repre
sentation to the Board of Trade. The Council, who
were stimulated to the rejected bill, desired to knoAv
the state of one of theirs, to prevent supplies of pro
visions and warhke stores to the French; and were
answered, that conceiving it to be impracticable to
execute it, they declined any further proceedings
upon it*
Before the debt bill and that for the annual sup
port went up, the Governor had requested the levy
of one thousand raen for the Crown Point expedition,
and the House voted to raise and supply thera ; but
halting to know the fate of these bills, and doing lit
tle for several days, while their party bills were in
suspence in the Upper House, Sir Charles, on the
16th of February, animadverted upon their delays,
and pressed for powers to detach the militia, if vo
lunteers did not offer. It Avas three days after that
before the quota bill made its appearance in the
House ; and when it had a second reading, they de
sired leave to adjourn frora week to week, declaring
that they could not proceed further, till they knew
the resolution of the other colonies concerning the
intended enterprise.

* There has never been any process of outlawry in this colony, nor for
want of the proper courts of law, as I can learn, in any of the rest ; and
yet, till the 16th of February io this year, we had np law to oblige a single
partner to answer for a joint debt without his fellow-contractors. By the act
now, he is compellable to plead ; and if the plaintiff prevails, he recovers
against th£ company's lands and goods, but cannot have execution against
thie bodies of the absent partners, nor touch their separate estates. That
this novelty came into our code at so late a day, and has been since but
seldom practiced upon, is a proof, especially considering the scant limits of
the province, of the narrow sphere of our commerce, or of the uprightness
of our merchants.

230 Smiths Continuation of the [Chap. V.
In this situation the Governor withheld the war
rants for loA'ying the troops; and being moved by the
distresses on the frontiers of Ulster and Orange, ra
vaged by the Indians, he earnestly demanded their
support for a force in conjunction witb New-Jersey,
to give security to those borders. To gain time, the
turn given to this message, was a resolution to pay
what may be deeraed to be our quota of an array of
one thousand raen, to be raised by us, New-Jersey,
and, Pennsylvania, towards an expedition against the
Indians; and he was desired to concert what was
proper with those governraents.
Sir Charles, the next day, repeated his instances
for their despatch of what respected the joint designs
against Crown Point, and informed them, that Massa
chusetts and Connecticut were levying raen far be
yond their proportions, that the service might not
suffer by the defaults of any of the southern provin
ces ; and he now insisted upon the augraentation of
their intended levy of one thousand men.
Frora the 4th to the l6th of March, the Assembly
artfully met only to adjourn, and then voted seven
hundred and fifteen raen in addition to the one thou
sand, but that four hundred of these should be em
ployed in an offensive war against the Indians ; and
ordered proper clauses for these purposes to be add
ed to the bill which they had so long retarded, under
pretence of waiting for the co-operation of the other
colonies respecting the Crown Point expedition, and
which, by uniting the provision for both objects in
one bill, was still longer delayed.
The cruelties in the mean tirae perpetrated in
Orange and Ulster, excited claraors in that quarter,
and corapassion every where else, and the House was
censured by a publication in the Gazette, ofthe 15th
of March. Doctor Colden, who lived in Ulster, being
suspected to be the author, the printers were sura
moned ; but the obnoxious composition being traced
to Mr. Watkins, the wrath of the House vanished into
smoke, for he being an Episcopal clergyman, and the
dissention running high between church and dis-

1756.] History of New-York. 231
senter concerning the College, he was not even sent
for to be reproved till the next autumn, though the
two printers were ordered to be committed. This
attack, however, quickened their motions ; for on the
20th of March, they sent up their quota bill for rais
ing seventeen hundred and fifteen men.
It lay eleven days with the Council, where it was
opposed by Mr. Smith and Doctor Colden, who came
to town during the alarms occasioned by. the Indian
irruptions into Ulster. Before this tirae, the debt bill
was in the Governor's hands, * but stigmatized by the
protest of Messrs. Smith and Colden in so pointed a
manner, that Sir Charles was fearful of giving it his
assent. This was at length forced by the manage
ment of the House, who allowed a bounty of five
pounds per raan for the volunteers against CroAvn
Point, but provided only thirty shillings for those who
were to act in the harder service against the Indians ;
and besides, those troops were to be disbanded in
forty days, and not at the Governor's discretion — a
confidence reposed by the province of New-Jersey
in Governor Belcher. The majority of the Council
adhered to the objections of Doctor Colden, who
spoke both his own and the Governor's sentiments.
Mr. Delancey, in this delicate situation of affairs,
thought proper to absent himself; but finding means,
by a member of the Assembly, to inform the Gover
nor that this bill might' be altered, if the debt bill was
passed, his Excellency, pressed by the advanced
season of the year, engaged to pass the debt bill ;
and the other being sent down, privately amended so
as to take away his own and the objections ofthe

* " We are sitting still. The principal money bill, which is for paying
the debts of the colony, and among others, the salaries for the several offi
cers of government for the time past, has passed the Council, but has not
yet received the Governor's assent, and is therefore as yet in suspence. By
the next packet, I may perhaps be able to inform you further, particularly
with respect to the Jersey line, which is still under consideration." Mr.
Jones'<s letter to the agent, 23(i February, 1756. And on the 20th of July,
1756, he adds, "I have now the pleasure to acquaint yon, that he has
passed it."

232 Smiths Continuation of the [Chap. V.
Council, the Governor sent for both Houses the next
day, and passed all the bills ready, both parties be
ing so Avell pleased with the late barter, as to part on
an adjournment to the 27 th of April.
The opposition to the debt bill cost Mr. Alexander
his life. He ventured out foi* that purpose in a pa
roxysm of the gout, took cold, and died the day after
the session. And from that time the Governor, who
had such demonstrative proof of the devotion of the
Assembly to the Lieutenant Governor, as to obstruct
the levies for the service until his interest was secur
ed, in defiance of an instruction, and at the risk of
the royal resentraent, taraely resigned himself into
his hands.
It must, in justice to Mr. Delancey, be added, as
the sequel Avill evince by his policy, the colony ob
tained a victory over the government as well as the
Governor ; for after that day, the Ministry gave up
their objections to the popular project of the anti-
Cosbyan patriots, for holding the officers dependent
upon the annual support of the Assembly. But this
Assembly were nevertheless culpable, for slighting
one of the most favorable opportunities for settling
our contested limits, which have since produced
such scenes of confusion and distress. Sir Charles,
on the first of January, communicated to the House
an instruction, urging a provision for one half of the
expense for adjusting the partition line with Jersey
by Coramissioners ; and at the same time informed
them of General Shirley's readiness to procure the
consent of Massachusetts Bay, over which he then
had a prevailing interest, to join in a like commission
for ascertaining our eastern boundary. Intoxicated
by the spirit of party, they lost an opportunity to give
peace and safety to thousands, by a provision for ter
minating that, and the controversy Ave had also Avith
New-Hampshire: but it was Mr. Delancey's ambi
tion rather to create than to lessen dependencies on
his will ; and the neglect of education left a hard,
Avicked colony, exposed to his arts.

1756.] History of New-York. 233
The delay occasioned by the late stratagera, and
the hourly expectation of the General frora Boston,*
obliged the Governor to call upon the Assembly
before the end ofthe month, for power to supply the
want of volunteers by detachments, while the clog
upon the operations ofthe 400 men who were to be
employed against the Indians by the quarrels between
Governor Morris and the Pennsylvania Assembly,
prevented even the issuing of the military warrants
for those recruits. Sir Charles, therefore, asked for
authority to detach raen, that the 400 raight be joined
to the quota for the Crown Point expedition, that
proA'isions might be collected for- troops expected
from England, the rates of land carriage ascertained,
and the northern railitia relieved from unequal bur
dens in the general service.
Within five days, laws were enacted to expedite
the levies, and prevent the exportation of provisions,
and the bill setting the price of transportation,
brought in by Mr. Watts on the 4th of May, was the
sarae day sent up to the council, and on the next
passed by the Governor. A velocity of proceeding,
which if it demonstrates zeal for the service, proves
that it sprang from very recent causes, which are left
to the conjectures ofthe reader.
But this ardor to facilitate Sir Charles's zeal, short
ly after abated upon the disgust he gave to the mer
chants, by his measures against the illicit commerce
which had been long driven with Hamburgh and Hol
land, and several seizures Avere now made by his or
der, which they ascribed to his loss of one ofthe inde
pendent corapanies. Nor was the dependence upon
hira so necessary, it being reported that the Crown
had relinquished the project of an indefinite support.
Besides this, he was eclipsed by the new lustre of

* He arrived here 20th April, and sailed the 2d of May' f9r Albany.
Sir Charles's Message was on the 29th of April.
30

234 Smiths Continuation ofthe [Chap. V^
General Johnson,* who was knighted for his servi
ces, and our forces were abated by the arrival of
General Webb on the 7th of June, and the Royal
American officers on the 15th, with General Aber-
crombie, the two regiments of Otways, and the High
landers. On the 29tb of June, Sir Charles informed the As
sembly, that the Earl of Loudon was coraing out to
take the coraraand ofthe army, and called upon them
for aid in recruiting the two regular regiments with
soldiers, who were to be discharged at the end of the
war, and have each two hundred acres of land free
from quit-rent for ten years.
He added, that the sum of one hundred and fifteen
thousand pounds was given by Parliament to be dis
tributed by the King among the New-England colo
nies, this, and the province of New-Jersey. That
his Majesty expected fresh aids of men for the ope
rations of the year ; the reimburseraent of masters
for servants enlisting in the army, and the prohibition
of commerce with and all supplies to the enemy.
The House resolved. That the colony had exerted
itself, by furnishing its proportion for the Crown
Point expedition, the defence of the western frontiers,
the march of many thousands of the militia on the
attack of Baron Dieskau, and this year on alarms to
support the King's troops, posted to the westward,
where a party was cut off;t and again to preserve
Fort Williara Henry when on the point of being
abandoned by the garrison, composed of Massachu
setts and Connecticut troops. 1 hat we raised first
800, then 500, and afterwards 400 men, that £20,000
had been granted for fortifying the capital. That a
common fund ought to be established. That we had

* His Majesty has ordered 15,000/. to New- York, 5000/. to Major General
Johnson, for his services, to whom likewise a commission is issued for the
superintendancy of the Indian -affairs, with a salary of 600/. per annum.
Vide agenfs letter, 13//t March, 1756.
f A small garrison at a block-house, under Lieutenant Bull, at the Oneida
portage, where Fort Stanwix was afterwards erected, was abandoned i*
¦Marcli,

1756.] History of New-York. 235
given £5000 to Virginia, and as much to be disposed
of by General Braddock, and that till such an es
tablishment, the colony was unable to do more. But
they nevertheless approved of the payraent for enlist
ed servants, and were for continuing the laws against
supplies to the French, and these resolves they or
dered to be published in the Gazette.
About the same time Sir Charles proposed to them
an act for vacating the patents of Kayaderosseros,
Cannojohary, and Oriskany, which has been repre
sented by the Lords of Trade, as obtained of the In
dians by fraud, and that the declension of the Indian
interest was owing to their want of satisfaction.
Upon this subject they suspended any resolution,
till after this next raeeting, considering it as a matter
requiring most mature deliberation; and the day
after (9th July) they adjourned, leaving a committee
empowered tb welcome the Earl of Loudon, who was
daily expected, to thank him for engaging in the
service, and to provide for his honorable reception.
This attack on the patents was ascribed to Sir
William Johnson, and gave general oflfence, and it
was fortunate for the proprietors, that the Delancey
family were interested in Oriskany, a very valuable
tract, embracing the banks of the Mohawk River,
near the great transportation to the waters of the
Wood creek.'
When the new Generals arrived at Albany, Mr.
Shirley returned on the 4th of July to New-York,
and Sir Charles on the llth went up the river with
Mr. Delancey and Mr. Chambers. Three days after,
the news arrived that Avar had been declared against
France. Mr. Shirley waited till the arrival of the
Earl of Loudon on the 23d, who brought Mr. Pow
nal AA'^ith hira, and repaired to Albany on the 26th ;
and on the 1st of August Mr. Shirley sailed to Provi
dence for Boston, and thence to England, and was
followed a fortnight afterwards by Mr. Pownal, avIio
had the proraise of his government.
Sir Charles returned to the metropolis on the 15th
of August, disgusted with the Earl of Loudon, who

236 Smiths Contmuation ofthe [Chap. V.
had checked his intermeddling in military concerns,
and denied his request of two independent corapa
nies for his guards.
About this tirae Oswego was besieged, and lost to
the general alarra of the colonies. General Webb,
who was then posted at theOneidacarrying-place,was
in such consternation, that he ordered trees to be
filled in Wood creek to obstruct the progress of
the enemy, if they should atterapt to penetrate that
way, and the Earl in equal terror at Albany, pushed
on Sir Williara Johnson with the railitia to sustain
Webb, and ordered large drafts of others to folloAV
hira from Albany and Ulster, and importuned even
the southern colonies for recruits. The panic was
universal, and from this moment it Avas manifest that
nothing could be expected frora all the raighty
preparations made for that campaign.
It was at this juncture (24th September,) Sir
Charles administered the consolation he bad for
some time secreted, that the Crown had in effect re
pealed the instruction to Sir Danvers Osboi-n, Avhicli
had given so much offence.
Upon comraunicating this address of the Gth De
cember last, the Lords were ordered to write, and
did write, that the King, conceiving the present As
sembly unwilling to receive old clairas and preten
sions, and declaring that they did not mean to assume
a share in the executive, but as he had represented
were willing to proraote the service of the Crown,
Avas now pleased to alloAv hira to assert to their
teraporary bills for the support of Governraent con
forraable in other respects to the instructions res
pecting the disposition of public money.
He had before put into the Treasury the share of
the Parliamentary donation of £15,000 sterling;*

* It was great negligence to omit upon'lhe first advice of £15,000, the
proper representations for the due distribution of it. When Mr. Jones
complained of it, the agent pertinently replied 13th of August, 1756.
" How was it possible to set this matter right without proper documents to
show when the account waa ¦exaggerated .' I am not insensible of the

1755.] History of New-York. 237
and now asked for an augmentation of salaries, a
corapensation for the militia on the late alarms,
quarters for the troops, adraitting the grants objected
to by the Indians, and recoraraended, as Mr. Delan
cey had done before, a starap duty, an excise upon
tea, and a poll tax upon negroes, with such others as
the inhabitants could bear Avith the least inconveni
ence. The session continued with the utmost harmony
to the 1st of December, Avhen eleven acts were passed
for a revenue by duties on imports, an excise on
spirituous liquors and tea^ to prolong the currency
of the bills of credit, for billeting the troops, erecting
a stamp office and a new jail, clothing the provincial
levies, appropriating the College funds, paying off
the last year's arrears of the officers of the govern
ment, and providing for the next.
To reward the Governor, and elude the instruc
tion and his receiving presents, they added £240 to
the old allowance of £ 1 560, assigning for a pretext
the difference of exchange between the tirae of its
first establishment as an equivalent for £1000 ster
ling, and the present day, and though the independ
ent companies were now embodied with the array,
they put into his pocket £400 more, under the narae
of fuel and candle raoney for the fort, and by both
the support bills gave Mr. Delancey a salary of £300
a year as Chief Justice.
To find an apology for the Governor's disregard
of the instruction respecting the prolongation of the
paper raoney, a committee of both houses put into
his hands an argumentative address, assigning five
reasons for the necessity of that act. Upon the
strength oftheir A'ictoryin the establishment ofthe an-

present circumstances of New-England ; that want of commerce and em
ployment has made them soldiers, that they are, in some measure, become
the Swiss of the continent, in which quality they are not unacceptable
here and that they understand how to value their services. But as the
military operations of the continent will require the further aids of this
country, I cannot doubt that the account will be stated according to the
service done and expense incurred, without any undue preference."

2S8 Smiths Continuation of the [Chap. V
nual support by which the Governor was now bridled,
having therefore no dread of an iraraediate dissolu
tion, the House ventured implicitly to confirm, or
rather to rid themselves of all further disputes re
specting the College, which had kindled such a flame,
that several thousands had petitioned* to be heard
against any confirmation of the charter, which the
Lieutenant Governor had forraerly passed in its favor.
That corporation had not only hopes of procuring a
law to vest them' with the sums raised by the lottery
and excise, but of obtaining further aids, and a legis
lative confirraation of their charter. The consent of
the Assembly alone was wanting, for the new Go
vernor had soon after his arrival shown his favorable
intentions by a donation of £500 to Mr. Delancey's
institution. Its opposers therefore shrewdly con
jectured that they could have no hope of -erecting a
university on the plan exhibited by the bill, formerly
proposed, printed, and slighted, and being contented
to allow the college half of the raoney in bank, if the
reraainder was applied to any other public use. It
was agreed in the lobby to repeal the acts by which
the whole was engaged for a college, and to divide
the stock raised between the party college and the,
city corporation, for the purpose of erecting a jail,
and providing a lodgment for crews of infected ves
sels. When Mr. Smith was asked in council for his
voice on this bill, be said jestingly ; " It rids us of a
bone of contention, by dividing it between the two
pest houses." Both parties triumphed. The friends
of the College wanted the money for the erection of
the edifice, and their antagonists believed that having
stigmatised its illiberal constitution, it would never
in future receive any legislative support. Mr. De
lancey, who proposed this partition to cement his
party in the House, hoped also to repair the breaches
upon his popularity without doors, and with tbe sarae
view or with a disgust at the iraportunity of his friends

* Vide Journals ofthe Assemhlj', 18th of December, 1755.

1756.] History of New-York.' 239
to whom he gave the charter unwillingly, he never
afterwards would assist in forwarding the design ;
often saying, when summoned to their meetings,
" that he had contribuied enough to it by the loss of
his reputation."
If Sir Charles had not been in the scheme of pas
sing the bill, for prolonging the currency of the bills,
by which £1800 was applied towards the payment of
the officers of the government, of which he had a
share, he might have answered the objection of this
want of funds, by pointing to the several thousands,
now given for a college, a jail, and a pest-house.
But it was expedient that he should " believe all
our funds were exhausted, and the £1500 given to
the colony, already in. part applied for the support of
its troops."
The Speaker's letter to the agent, of 1 3th October,
written with the assistance of a committee of the city
members, Mr. Watts, Mr. Watson, Mr.Cruger and Mr.
Delancey, who took Mr. Richard's place on the 9th,
Noveraber, holds up a picture of that day. " I ac
quainted you (2d July) that we were in great ex
pectation of a successful campaign. But as our dis
appointment is rather greater than that of the last
year, for instead of taking Crown Point, the enemy
have raade themselves masters of the important for
tress of Oswego, taken the whole garrison prisoners
of war, demolished all the fortifications, carried away
all the arraed vessels, two hundred whale boats, can
non, provisions and warlike stores ; and this, it is
said, they did in a few days tirae — a dishonor to the
British narae. Oh shameful behaviour of our forces !
We have now no footing on Lake Ontario ; all is left
to the uninterrupted possession ofthe enemy, who
will doubtless dispossess us of all that we have re
maining, if not suddenly stopped. As for our forces
on the northern frontier, both regulars and provin
cials, I expect to hear of no action by them, unless the
enemy force them to it. If some more vigorous reso
lutions are not made in England, and seasonably exe
cuted, we raust inevitably fall a prey to the prevailing

240 Smiths Continuation ofthe [Chap. V.
poAver of France. We live in hopes that a vigorous
push will be raade for the reduction of Canada, which
seeras to be the only measure that can secure us. I
told you in my letter 2d July, that you should have a
just state of the expenses this year. 1 cannot at pre
sent enumerate any particulars, neither does it ap
pear necessary. We emitted £52,000 bills of credit
last spring, to be redeemed by taxes on estates, real
and personal, which I expect will all be expended
in the pay of our forces, and other necessaries, at
tending this state of warfare, before the end of the
year. Our Governor has acquainted us with the al
teration of the instruction, relating to the permanent
salary ; but at the same time insists upon a larger
allowance than his predecessors have had, under
pretence* of the alteration in value of our currency.
How far this raay occasion differences between hira
and the asserably I cannot yet foresee; perhaps ray
next raay inform you. Enclosed you have a note of
the general asserably giving their thanks to Messrs.
Hanburg and Toralinson, raerchants in London, for
their extraordinary care with respect to the raoney
granted by Parliaraent, and you are desired to wait
on those gentlemen with it. The Assembly are now
sitting, and when the session ends, I shall write fur
ther to you."

* The House the very next day, voted on the 14th October, to his
Excellency the salary of £1560, and added these words — " which from the
strictest inquiry appears to be originally given as an equivalent for £1000
sterling, and in consideration of the difference in the value ofthe present
currency of this colony, from what it was when the aforesaid salary was
first setU^d, the further sum of £240." As this was the first article of a
long report then perfected for all the salaries of the year, the Speaker's
expression is, singular after such a ptoint had been carried in a com
mittee of the whole House, and gives reason for the supposition, that
this correspondence is not always to be depended upon. Flushed witU
the success against the scheme of an indefinite support, and the ne
cessity ofthe concurrence of the colony in the measures of the war, it was
expedient to raise a belief that harmony depended upon the will of the
idol of the party for securing his interest ; and the whole letter was
doubtless written to make impressions disadvantageous to Mr. Shirley,
who sailed from Boston oa the preceding 28th September.

1756.] History of New-York. Iii
The Earl of LOudon, after the loss of OsAvego, ap
peared intent upon proceeding to Crown Point. Sir
William Johnson was called to muster the Indians,
to co-operate in that enterprise, but whether from an
aversion to that new kind of warfare, or from mo
tives of deep and remote policy, these tribes were
languid, and but forty-two could be collected.
Ashamed of such a handful, thirty-five of whom
were the domiciliated Indians of Stockbridge, re
cruited by Mr. Wraxall, the Secretary for Indian
affairs, and just rewarded as Captain of a company
of Independents, for his services, as aid-de-camp at
the action at Lake George, and to whose blazoned
accounts. Sir William owed his knighthood. They
were led to Fort Edward by the private route of
Sacondaga. The Earl despised their succours,
damned the Indian interest as a bubble, and retired
to Albany for the Avinter cantonment of his troops.
Of these he sent a thousand to New- York, dis
persed others in the neighbouring provinces, and
left a surcharge in Albany, insisting upon new quar
ters, which gave rise to loud clamors.
The magistrates of the capital had croAvded the
privates into the barracks, and left the officers, about
fifty, to find lodgings for themselves. When the Earl
came down in December, he sent for Mr. Cruger
the mayor, and insisted that the officers of every
rank should be exempted from expense, and to sooth
him, alleged that this was every where the custom;
and that he had in consideration of our efforts, put
the army to inconveniences by so wide a dispersion,
but signified, that if he made difficulties, he would
convene all his troops here, and billet them himself
The mayor desired time to consult the body over
which he presided. The death of his sister made it
necessary to apologize for the delay of the answer
until her funeral obsequies were performed. But his
lordship insisted upon a speedy compliance, and told
the committee he would meet them on the subject;
and to convince them that free quarters were every
Avhere usual, he would assert it upon his honor.
31

242 Smiths Continuation of the [Chap. V.
" which (says he) is the highest evidence you can re
quire." The demand took air; the citizents raved,
and the corporation, consisting generally of elective
officers, Ave re at their wit's ends, concerning the
course to be pursued. They flew to the governor,
but he answered them with reserve, caution, and du
plicity. They called a meeting with the Judges and
city members, Mr, Delancy did not attend till
the second convention, and excused himself from
giving an extra judicial opinion, but it was supposed
that Mr, Watts spoke his raind in favor of the peo
ple. The act lately passed, gave authority to billet
first upon inns, and the surplus upon private houses ;
but supposing the inhabitants were to be paid, au
thorised the magistrates to rate the allowance. Be
yond that, the magistrates durst not interfere through
dread of prosecutions. A comraittee was appointed
to his lordship, and another to present a raeraorial to
the Governor, imploring his mediation, and asserting
that free quarters were against the common law, and
the petition of rights, the Stat. 2 1 . Car. II. and the
mutiny and desertion act ; and that the colonists
were entitled to all the rights of Englishmen. The
Governor escaped, for as soon as the Earl saw the
opinion of the corporation, he .replied to the may
or, who alone was admitted to his presence, " God
d  n my blood ! if you do not billet my officers
upon free quarters this day, I'll order here all the
troops in North America under my coraraand, and
billet thera rayself upon this city." The raagistrates,
countenanced by the conscious dread and impoten-
cy of the citizens, promoted a subscription to defray
the expense, and a calm ensued ; but with a general
abhorrence of the oppressor, who soon after pro
ceeded through Connecticut to Boston.
That the minister may not impute the loss of Os
wego to the colony, Mr. Jones writes to the agent —
" You have doubtless by this time heard of the unac
countable loss of Oswego ; since which, the enemy
have raade no further attempts upon us, nor we upon
them ; so that Crown Point fort remains still in their

3756.] History of New-York. 243
hands, and bothsides are drawn into winter quarters.
What the next suttimer will produce, the Almighty
only knows, I assure you, our situation is now ex
treraely distressing. This province, being the princi
pal seat of the present war in America, is harassed -
and burdened in all shapes : soldiers quartered upon
us without pay — our horses and carriages, some
broke, some burned and destroyed by the enemy —
our militia, frequently harassed by alarms, now ne
cessitated to make large marches, some to support
the army on the north, others to repel the Indians
from the Avestern frontiers. Thus harassed, our peo
ple cannot attend to their usual occupations, and
numbers are soon likely to be great sufferers, and to
becorae a burden to the rest. To this may be added
another heavy article of expense, viz, the great num
ber of French sent here from Nova Scotia by Gover
nor Lawrence, and the prisoners taken at the battle
at Lake George, in September 1755, with a nuraber
of others brought in here, as well by the Nightingale
man of war, as by privateers. The expense attend
ing all articles, you will easily see must be very great.
Our fifty-two thousand pounds are all called for, and
we are obliged to break in upon the present made us
by Parliament, which, in this expensive state of
things, cannot last long ; and unless we have the fur
ther aid of our mother country, we must sink under
the weight of these excessive pressures. Our ses
sion is tolerably well ended, the support bill being
put in the usual manner." ,
On the 1 6th of February, 1 757, Sir Charles inform
ed his Asserably at Flatbush, that reinforcements
were coming out; that the people of the Massachu
setts Bay were to contribute, and pressed the imme
diate levying of our quota ; renewed his importunity
for money to settle the partition line with New-Jer
sey and the Massachusetts Bay, blood having been
lately spilled in the manor of Livingston ; and pur
sued his object for the vacating ofthe patents, which
he was pleased to call exorbitant grants.

244 Smiths Continuation of the [Chap. V
They promised their proportion for the prosecu
tion of the war, to avoid the imputation of being in
strumental in their own rUin by tedious delays and
resolutions, or an ill-timed parsiraony ; but waived
any provision for the settlement of lines, till they
could say with propriety that we had lands to divide :*
intimated that the quit-rents were a proper fund to
defray that expense ; and respecting the grants, in
formed him that they were purchased by considera
ble sums, paid not only to the Indians; but the officers
of government, in fees equal, often to the value ofthe
land granted ; that what he urged, was a proceeding
harsh and dangerous, and now not necessary, as the
Indians were not obstructed in the use of the land;
and that they thought it of more consequence to lay
out a line of townsbips on the frontiers, to be given
to settlers without fee or reward ; and, as the small
pox then compelled them to sit out of town, they
wished to attend only to what respected thewar.
They continued together only ten days, and pro
vided for levying one thousand men, to act with four
thousand from the Massachusetts Bay, under his
Lordship's coraraand, "which," says the Speaker,
26th February, " is our full proportion, according to
the plan of union, and was all his Lordship deraanded."
The sum appropriated for this purpose, was tAven-
ty-one thousand three hundred and sixty-nine pounds,
twelve shillings and two-pence ; and the Parliamen
tary present of fourteen thousand three hundred and
twenty-three pounds, fifteen shillings and three
pence, sterling, which I raention as a detection of
the artifices in the reasons given by both Houses for
passing the late bill for prolonging the paper cur
rency, and the Speaker's suggestions of the distress
of the colony.

* A long memorial, drafted by Mr. Scott, to urge the Assembly to make
tbe controversy with New-Jersey a provincial charge, and presented the
13th of February, 1756, was now printed, on the motion of Mr. Oliver
Delancey, Vfhp was not then become interested as a proprietor of New-
Jersey,

1757.] History of New-York. 245

CHAPTER VI.
Prom the absence of Sir Charles Hardy, on an Expedition
against Martinico, to the second assumption of the Adminis
tration by Lieutenant Governor Delancey.
This was Sir Charles's last interview with the As
sembly ; for after that, he hoisted his flag as Rear
Admiral of the Blue, with a command in the expedi
tion against Louisburgh. He embarked on the 2d of
July, at midnight, and left the government in the
hands of Mr. Delancey, who took the oaths the next
morning. The inattention of the Assembly at this
time to the boundaries of the colony, was very inex
cusable. The Jersey proprietors took advantage of
it, and urged their contempt of the royal instruction
as a reason for ordering a temporary line, according
to the observations of 1719, as the partition, until
this colony provided a moiety ofthe expense for set
tling the boundaries by Coramissioners.
For the operations in this quarter, his Lordship
left an army of five or six thousand men, under the
comraand of General Webb; two thousand three
hundred of these were posted at the south end of
Lake George, fifteen hundred at Fort Edward, and
the residue were scattered at Saratoga, Stillwater,
Albany, Mount Hanson, and at Herkimer, in the
country of the Mohawks. There were sorae who
censured his leaving the frontiers in so weak a state
of defence, and still raore the wide dispersion of the
troops; conceiving that they all should have been
divided between the two great carrying-places on
the north, frora Hudson's River to Lake George, and
between the MohaAvk River and Wood Creek on the
west, prepared for either of the two entrances of the
eneray by Ontario or Charaplain.
Mr. Webb knew in July, that Mr. Montcalm, who
succeeded Baron Dieskau, had collected several

246 Smiths Continuation of the [Chap. VI.
thousand men and three hundred flat boats at St.
Johns, and that the enemy were daily filing off from
Crown Point to Ticonderoga, and communicated this
intelligence to Mr. Delancey, adding, that he ex
pected an attack. Ten days afterwards (3d August)
an express arrived with the further advice, that the
enemy were on the 30th July within twelve miles of
Fort Williara. On the 5th Mr. Delancey erabarked
for Albany, and the day after we learnt that the Fort
was invested on the 2d and complaints were made
from above of the dilatory motions of the railitia.
Mr. Delancey arrived at Albany the 8th, and from
thence issued orders for detachments frora below.
The New-York railitia was drawn out for that pur
pose on the 13th. The horse and volunteers
marched the same day, but the main body of seven
hundred did not embark till some days after. While
these things Avere transacting, on the sea coast, the
garrison capitulated on the 9th, engaging not to bear
arms in eighteen months.
Lord Howe got to Fort Edward on Saturday the
7th, but the besieged had no assistance, for the ene
my carae, 11,000 strong, and our whole force in the
lines about Fort Edw ard, did not araount till the
10th, to more than 6,000.
Mr. Fitch the Governor of Connecticut had no in
telligence of this descent till the 6th August ; but
then ordered every fourth man of the Colony to
march up : 4,000 were to be detached from New Jer
sey ; and Mr. Kilby the contractor arriving at New-
York on the 14th, for provisions to support the multi
tudes who were on the way to Albany, it was con
jectured that Mr.Webbmeantto take that opportunity
of advancing iraraediately to Crown Point, till Mr.
Oliver Delancey, who had been despatched that day
frora Albany, arrived on the 18th at New- York, and
had stopped the progress of the reinforcements,
and on the 22d the Lieutenant Governor returned to
the metropolis.
Mr. Webb's letter to Colonel Munroe, of the 4th,
advising him to make the best terms he could, and

1757.] History of New-York. 247
that he was unable to help him, through the tardy
motions of the militia, was intercepted by the enemy,
and not sent until the 7th. When the garrison ca
pitulated, the trenches were opened almost up to
the east bastion of the Fort, and by the bursting of
a cannon. Colonel Munroe had but four left, with a
mortar and only seventeen shells, and a very small
quantity of powder.
The garrison were to raarch out with the honors
of war, their whole regiment and one piece of ordi
nance, and to protect them frora the Indians, were
to be escorted two miles by five hundred raen, and
these renewed by as many from Fort Edward. But
the baggage was afterwards given up by Mr. Mont
calm's advice, to satisfy the French Indians, and yet
they were so unmanageable after the plunder, as to
butcher our negroes, and to attack even the soldiers.
After the demolition of the Fort, the French retir
ed to Ticonderoga, and Mr. Webb then dismissed
the twenty thousand men be had collected at Fort
Edward, before his countermand of the provincial
reinforcements. While the regulars and militia mutually reproach
ed each other for the late disaster, there were
some who blamed Mr. Delancey for slighting Gene
ral Webb's first intimations, and others who insisted
that the General was strong enough to raarch to the
besieged forty-eight hours before the surrender.
The General being supported by the British troops,
and the Lieutenant Governor apprehending conse
quences unfriendly to his interest on the other side
of the water, naturally looked to his Assembly, and
the instant he arrived, despached circular letters for
their convention ; and on the 2d sent them a message
historical of bis conduct. Having alleged that the
King had permitted Sir Charles Hardy tO resign his
government, and having noticed his departure, he
proceeds in these words :
" Soon after which, apprehending a visit from the
enemy on our northern frontiers, I thought it necessa
ry to take all the measures in my power, to strength-

248 Smiths Continuation ofthe [Chap. Vl-
en General Webb ; and for this purpose, I sent out
my orders to the Colonels of the railitia of Albany,
Dutchess, Ulster, and that part of Orange County
above the raountains, to raarch with their regiments
to the assistance of General Webb, upon his requi
sition, and to obey his orders, of which I gave hira
notice by letter. In the night of the 3d August last,
I received a letter frora General Webb of the 30th
July, advising rae, that the eneray were within twelve
miles of Fort William Henry, that he should imme
diately call in the troops at the different posts on
Hudson's River, and gave orders for the militia of
the counties to march, and desiring my presence at
Albany to forward them. I set out for that place on
the 5th, which was as soon as 1 possibly could, and
arrived there the Sth. j On the lOth I had advice of
the surrebder of Fort Williara Henry, and as it was
reasonable to think, the eneray with so forraidable
an army and such a train of artillery as they were
said to have, would endeavour to penetrate farther
into this country. I sent orders for a detachment of
five hundred men from the city of New-York, and
West Chester, who showed a very becoraing spirit
on this occasion. Those above the Highlands had
marched in consequence of my former orders on
General Webb's requisition, and many proceeded to
Fort Edward, but after a short stay. General Webb
inforraed me, that all the militia, except those frorn
the County of Albany, had united in a mutinous
manner. I did all I could to stop them, but with
little success. This step, whether arising frora cow
ardice or disgust, or whatever other motive, deserves
a very severe animadversion, more especially as it
was taken up at a tirae when the eneray were still at
Fort Williara Henry, (only fourteen railes distant
from Fort Edward) the raost advanced post we had
in that quarter of the country. I shall order a strict
inquiry to be raade into the behaviour of the railitia,
ahd cause the law to be put into execution against
all delinquents. I left Albany the 21st, and as soon
as I came to New-York^ I ordered circular letters to

1757.] History of New-York. 240
be sent, to call you together as soon as possible;
One of the reasons of which was, to recommend to
you the completing the regiraents in the pay of this
province with the utraost speed. General Webb
having written to the other governraents to complete
theirs, as the troops under his coramand were very
much lessened. This was a measure apparently ne
cessary at that tirae ; but as his Excellency the right
Honourable tbe Earl of Loudon, comraander in
chief of his Majesty's forces in North America, is
arrived here with a body of troops, the necessity of
this measure ceases. The other reason of my call
ing you is, to recomraend to you a further provision
for the subsistence of the New York regiments."
The House only gave a vote of credit the next
day, to provide after the first of November for pay
(due after that period, and adjourned.
The agent by his despatches ofthe 16th February,
had communicated a copy of the New-Jersey peti
tion, for a teraporary line, and the report ofthe board
of trade upon it ofthe 27th January, 1757, advising
an order for running the line prayed for ; and first,
that the Governor ofthe two provinces be command
ed to suppress and prevent all tumults on the bor
ders. Second, that all possessions reraain in statu
quo. Third, that the governor of New-York issue
patents for vacant lands on the north side of the
temporary line, and that the jsroprietors grant on the
southj making a deposit of the profits ; and fourth,
that six months be allowed to NcAv-York to provide
for the expense of a final hue. The report recited
that the allegations of the proprietors had been ve
rified by Sir Charles Hardy, and that Mr. Charles,
styling hiraself agent for the assembly of New York,
owned that he had no authority to join in the expense
of a commission, and therefore, had submitted to
such directions respecting a teraporary line, as to his
Majesty should seera proper. The agent wrote —
" I prayed for further tirae before their Lordships
proceeded upon the Petition, in hopes of hearing
the resolution of your House, touching the met|iod
32,

250 Smiths Continuation of the [Chap. VI.
you proposed for the division of this matter, as I have
repeatedly "applied to you for explicit and positive
directions hei-ein, but remaining hitherto without
any instruction on that head, and reflecting that by
ihe act passed in your Colony, (though disallowed
here) you had left the establishment of the line of
iproperty, as well as of jurisdiction, to the direction
of his Majesty ; it Avas not practicable for me to op
pose a temporary line of jurisdiction, or to prevent
the issue this affair has taken."
Nor was the Assembly at the same time unap
prised of the expediency of some alteration of the
eastern boundary, disputed by the Massachusetts
Bay. For Mr. Charles, on the llth May, added, " I
ara now to acquaint you, that upon the representation
of Sir Charles Hardy to the Lords of Trade, of di
vers outrages coraraitted on the borders, between
your Colony and the Massachusetts Bay, by his let
ter of the 22d Deceraber last, accorapanied Avith a
report of your Coramissioners at Albany, in 1754,
and a map of the country, all which have been com
municated to the respective agents, and having at
tended their Lordships on the subject, which I en
deavoured to show the inclinations of your Province,
to bring this matter to an amicable accommodation ;
first, by imparting to the Govemor of the Massachu
setts Bay, the claira of New York, as stated in the
report of the Coraralttee of your Council, ofthe 28th
February, 1753, which were rejected by the Com
missioners of the Massachusetts Bay, without any
reason assigned, or their stating their own claims
and pretensions. Their Lordships delivered their
opinion of a boundary line, proper to be established
between the two governments, as contained in an ex
tract of their Lordships' journal ; whereof I send a
copy enclosed, touching which, it is probable I may
receive the sentiments of your Colony before the
yeport of the board obtains the sanction of the King
in Council."
The Extract Avas in these words — "Extract ofthe
Journals of the Proceedings of the Lords on Tues
day the 27th March 1757.

a757.] History pf New^York. 251
" Their Lordships took into consideration the pa
pers relating to thc dispute between the Province of
KcAV-York and Massachusetts Bay, concerning their
boundary line ; and the agents attending as desired,
were called in, and their Lordships after having
heard what they had to offer, and read and consider
ed the grant to the Duke of York, in 1663-4, and the
Massachusetts Charter, granted in 1691, and also a
letter from Colonel NichoUs, Governor in New- York,
to the Duke of York, dated in November 1665, to
hear and determine certain points in dispute, araongst
the New-England Governraents, which papers are
upon record in this, office ; delivered it to be their
opinion, that a straight line, to be drawn northerly
frora that point, where the boundary line between
New-York and Connecticut ends, at twenty railes
distance frora Hudson's River, to another point at the
same distance from the said river, on that line which
divides the Provinces of New-Hampshire and Mas
sachusetts Bay, will be a just and equitable line Of
division between the said Province of New-York and
the Massachusetts Bay ; and Mr. Bollan being asked
if he had any objections thereto, desired time to
consider of it, and that he might have their Lord
ships' opinion in writing, and also copies of their
authorities upon record, on which that opinion was
founded, which was agreed to by thieir Lordships,
and that copies should be likewise given to Mr.
Charles, agent for New-York, and then the agents
withdrew. Governor Nicholls' letter Avas this —
" I have formerly rendered account of the division
and settlement of bounds between your Royal High
ness and the Patent of Connecticut, made by His
Majesty's Commissioners and the Governor^ and
Council of Connecticut, wherein five towns were re
linquished in Connecticut by virtue of their for
mer grant from His Majesty; although the said
tracts of land were given to your Royal Highness to
the utter ruin of that Colony, and a manifest breach
of their later patent, which determination was a lead
ing case of equal justice, and of great good cons.e-.

252 Smiths Contiiiuation of the [Chap. VL
quence in all the colonies ; and therefore we were
assured would be unacceptable service to your Roy
al Highness, so that to the east of New-York and
Hudson's River, nothing considerable reraains to
your Royal Highness, except Long Island, and about
twenty miles from any part of Hudson's River. I
look therefore upon all the rest as empty name, and
places possessed forty years since by former grants,
and of no consequence to your Royal Highness, except
all NeAV England could be brought to submit to your
Royal Highness's Patent."
The report of the Commissioners appointed in
1664, to visit the New England Governments, relating
to the bounds ofthe Massachusetts Colony, was also
transmitted by the agent, running thus —
" This Colony, which has engrossed the whole
trade of New-England, is therefore the richest ; hath
many towns, but not one regularly built within its
just liraits ; which the Coraraissioners find to be
Siwanet Brook on the south-west, and Merrimack
River on the"north-east ; and two right lines drawn
from each of those two places, till they come within
tAventy miles of Hudson's River, for that river is
already planted and given to his Royal Highness."
The Speaker's letter of 12th Septeraber, ack
nowledges the receipt of these letters, adding, " I
am to acquaint you, that you are fallen greatly
under the censure of the General Assembly, for not
objecting to the line of the year 1617, being the tem
porary line of jurisdiction betWeen this Colony and
that of New-Jersey, as you were long since well in
formed that this Colony always rejected that line,
A Committee is appointed to examine and consider
the New-Jersey Petition on that head, and to give
proper instructions upon it." This is proved by the
journal. But why another was not charged with the
care of the proprietors, affected by an opinion of
the Lords of Trade, I leave to the reader's conjec
tures, after reraarking, that the Delancey faraily, who
were interested in the New-Jersey controversy, had
not the same motives to stimulate their attention,

1757.] History of New-York. 253
to that with the Massachusetts Bay, and were per
haps disinclined -to counteract Mr. Secretary Pow-
nall, who, to ingratiate his brother with the peo
ple, over whom he was set, discovered a great desire
to abridge the old claira of New-York to all the coun
try between this twenty raile line and Connecticut
River. Mr. Jones, indeed, leads Mr. Charles to
expect a letter upon this subject, from the New- York
Commissioners, but the journal does not warrant his
suggestion. The comraittee on the other subject,
were the interested raerabers of New-York and
Orange County, who sharply reprehended the agent
for not opposing the report respecting a teraporary
line, in a letter drafted by Mr. Scott, 25th October.
But the House would have better consulted the in
terests of the Colony, by bills providing for the ex
pense of Coramissioners for settling all their contested
limits, though the session, instiead of two had been
prolonged to ten days.
The Board of Trade shortly after changed their
opinion, and adopted a still more disadvantageous
one to this Colony, as appeared by the following ex
tract from their journals of lOth May, 1751 :
" The Secretary acquainted their Lordships, that
having in consequence oftheir orders coraraunicated
to Mr. Bollan, agent for the Massachusetts Bay, their
resolution ofthe 27 th March last, with respect to the
boundary line between the said province and Ncav-
York; he acquainted him that upon consideration
thereof, and of the papers relating to the adjustment
of the line betAveen the Province of New-York and
Connecticut, he had found that though it, did appear
to have been the primary intention in that settlement,
that the line should be twenty miles from Hudson's
River, yet the Province of New-York, having agreed
that Connecticut should continue in possession of
the town of Greenwich, and a tract of land adjacent
thereto, at the south end of the line, the Province of
Connecticut had, in consideration thereof, yielded to
them a tract of land lying upon the northern part of
said line, commonly called the Oblong; so that in

254: Smiths Continuation ofthe [Chap. VI.
his apprehension, the said boundary line was at more
than twenty miles distance from the said Hudson's
River; and therefore he submitted, whether the
drawing the boundary line between New-York and
Massachusetts Bay from the north end of the said
Connecticut line, as, described in the board's resolu
tion of tbe 27th March, would not be in some mea
sure inconsistent with the facts and evidence upon
which that resolution was founded, and thought it
necessary to have their Lordships' sentiments upon
this matter, before he could form any opinion upon
the general proposition.
" Their Lordships, upon consideration of what had
been represented by Mr. Bollan, agreed, that a
straight line, to be drawn northerly from a point on
the south boundary line of the Massachusetts Bay^
twenty miles distant, due east from Hudson's River,
on that line which divides the provinces of New-
Hampshire and Massachusetts Bay, will be a just
and equitable line of division between the said Pro
vinces of New- York and Massachusetts Bay."
This opinion being approved by the priA'y Council,,
and producing a letter from the Secretary of State,
recoraraending that line to both provinces, the sequel
will show that we never could remove this obstacle
to the extent of our claira, even so far eastward as to
cover several ancient patents under this Colony.
The disgrace incurred by the British troops, si
lenced their invectives. His Lordship had done
nothing against Louisburgh, and was censured by his
Avhole army. On the first intelligence of Montcalm's
attack, he wrote to Mr. Pownall, who had lately
arrived as Governor at Boston, that he intended to
encamp on Long Island for the defence ofthe continent ;
and that Governor on the other hand, was in such
Gohsternation, as to give orders for the driving in all
the live stock in the Avest, to the east side of Con
necticut River; and it had taken air, that Mr. Webb
had intimidated his troops, by sending his oAvn bag
gage to Albany, declaring his intention of retreating
one hundred and sixty miles down the river to the

1757.] History of New-York. 255"
Highlands, and Avithin sixty miles of the metropohs
of the Province. What impression the Asserably
wished to make at this time, in England, appears
from the Speaker's letter to the agent of the 1 2th
September. " As to our military operations, we are
still on the losing side. Fort William Henry on the
back of Lake George, being taken and demolished
by the enemy, after a siege of eight days, with no
great loss of men on either side. It surrendered on
capitulation, by which the French becarae raasters
of the fort, artillery, and all the stores. Here Avere
lodged all our cannon and stores intended against
Crown Point. My Lord Loudon is arrived from
Halifax, without any attempt on that side. It is said,
the enemy were superior to us, both in land and sea
forces. Thus, this campaign is like to end as did tbe
last, with loss to poor America. It seems very
strange to us, that the French can send such large
supplies to America and always before us, notAvith-
standing the great superiority of the British naA'y.
Surely there must be a great failure somewhere,
which if not timely remedied, may prObably end in
the entire loss of the English America. However,
we live still in hopes that the next year's succours
will be stronger and arrive earlier, our provincial
forces were ready in April, so that no blame can be
at our doors. I wish my next may give you better
tidings." Mr. Delancey's vindicatory speech Avas the raore
necessary, as he knew that his public conduct had
of late been narrowly watched, and his arts during
General Shirley's command, were disclosed by a
pamphlet, published in London, under the title of
" A revieAV of the military operations in North Ame
rica." Mr. Charles, in a private letter to the Speaker of
the llth May, accompanying a copy of it, writes,
"there has been lately pubhshed here, apiece Avhich
I shall send you, entitled, a revicAV, &;c. This pro
duction comes from New- York, and has been handed
to the press by Mr. Alexander, as he acknowledged

256 Smiths Continuation of th£ [^haip.Vli
to Mr. Pownall, Secretary to the Board of Trade.
There is a virulency against several private charac
ters, and some reflections on the proceedings of your
association, extreraely indecent. I believe the Gov
ernor of Massachusetts Bay is put in a fair way by
his brother of discovering the author.
No reply Avas ever made to it. Mr. Jones' letters
take no notice of it. Secretary Pownall, by menac
ing Dodsley the printer, traced it to Mr. William
Alexander, who denied his being the author ; but
asserted that he knew most of the suggestions to be
true, and these facts not alleged, which convinced
hira that his brother the Governor, for whom he
interposed, deserved the character it exhibited.
The pamphlet coming out when Araerica was little
knotvn, and transactions here still less, was univer
sally read and talked of in London, and worked con
sequences of private and public utility.
General Shirley eraerged frora a load of obloquy.*
His extensive designs acquired advocates ; his suc
cessors becarae cautious and vigilant; the nation
suspicious and inquisitive. His Asserably awed.
Party spirit less assuraing, and the multitude so en
lightened, that several changes were made on the
next dissolution.
The inefficacy of the measures hitherto pursued
in Araerica, filled the colonies with distrust ; but few
discerned the true cause of our disasters. They are
hinted at in a letter of that day — "tTo the scandal of
thOa present age will history account these losses,
sus'tained by a people who had it in their power to
extirpate the whole French Colony at their pleasure.
You know, and every man here knoAvs, that we might
have raised forty thousand men on such a design, if
our strength was united, a number equal to all the

* A board of general officers had been ordered to inquire into his con
duct, and the secretary at war was commanded to make out the warrant
for it. Mr. Shirley often urged for it, and after repeated applications,
was told that it could not be done,- since there was nothing charged against
him. + It was written by the author August 1757, to a gentleman iaLgndfln.

1757.] History of New-York. 257
males in Canada. That union can in a moment be
effected, by a law for the establishment of an Ameri
can parliament. While each colony is left to divert
itself with its private contentions, the common in
terest raust suffer ; whereas a convention of members
frora each, for a general representation of all, would
extinguish the party disputes noAv subsisting. Penn
sylvania, a colony of fifty thousand fighting raen,
must then do her part; and when that day dawns,
the little tyrants of the respective colonies will die
aAvay with these projects, and our affairs be well un-
understood in England. You have a Board of Trade,
and their Lordships are presumed to have the best
acquaintance with the true state of America. We
have fifteen colonies on the Continent alone ; each
three separate branches ofthe Legislature, all trans
mitting their several acts, votes, k.c. to the Plantation
Office. These must all be read for information con
cerning our state. But is it possible for that board
to take even a cursory perusal ofthe papers trans
mitted } and yet something more than that is necessa
ry. I conclude from these premises, that their Lord
ships do not know the state of America. Consider,
besides, that their acts affect a body which is in to
day, but out to-morrow; and \ithey are uninformed,
what must be the consequence .'' 'A law for the estab
lishment of a union, I know, requires the ablest heads.
Parliament is sufficient for the task. The defects of
the first plan will be supplied by experience. The
British constitution ought to be the raodel ; and from
our knowledge of its faults, the American one may,
perhaps, rise with more health and soundness in its
first contexture, than Great Britain will ever enjoy."
The Earl went to Albany on the 20th of October,*
and thence for a few days visited Fort Edward, and
there met Colonel Peter Schuyler, who was made
prisoner at the surrender of Oswego. He left Quebec
the 22d October, and reached New-York the l9th

* Governor Morris sailed for England 4th October, to animale the ad
ministration to an expedition against Canada.

25^ Smiths Continuation of the [Chap. VL
November, upon his parole, to return in May, unless
a cartel was settled. The troops from Halifax, on
their return, were immediately ordered to Albany.
His Lordship posted but one hundred and fifty men
at Herkimer, a little fort about one hundred miles
west of Albany ; and Montcalm, taking advantage of
their public influence on the Six Nations, debauched
five hundred from the four reraote cantons of the
Oneidas, Onondagas, Cayugas and Senecas, to join
a French party who fell upon the German Flats on
the 1 Sth of November, massacred and carried others
into captivity, and broke up several families of that
settlement ; and thus ended the unfortunate year of
1757. His Lordship cantoned his troops in several
of the provinces with such a magisterial tone as gave
fresh and general offence. From the civil depart
ment he met with no opposition. Their pusillanimi
ty or their interests, made them silent and inactive
until the multitude exulted at the news which not
long after arrived, of his being recalled to England.
Before the close of this unfortunate year, Mr. De
lancey had another interview with his Assembly.
The small-pox prevailing in the centre of the cap
ital, he convened thera in the suburbs ; and as it was
ludicrously said, ut his own kitchen. The truth is,
they met on the 6th December in an out-house, occu
pied by the overseer of his own farm upon the skirts
ofthe town.
One of the main designs was to procure an indem
nity for himself and the Council, for diverting £2000,
which had been appropriated for fortifications, from
that use, for the construction of barracks, that private
families might be delivered from the inconvenience
of the soldiers billeted upon them by the noble
general at the head of the army, and which they
ventured to draw out of the treasury at the re
quest of the city corporation, who had engaged to
replace it. But he held up other objects to their
attention. The salaries of the year, the defence of
the western frontiers, the maintenance of the prison
ers, restraining the King's troops from intemperance,

1 757.] History of New- York. 259
the regulations of the staples of flour, beef, pork,
and butter, a stricter militia law, the continuance
of the excise upon tea and the stamp duty, a poll
tax upon negro slaves, and a tonnage duty on all
vessels, not excepting those frora Great Britain.
Several laws for ordinary cases Avere passed, to-
Avards the end of the raonth, and among them, one to
prolong the currency of the bills of credit, the royal
inhibition notwithstanding, without the least hesita
tion. To the Lieutenant Governor, the Assembly gave
an augmented salary of £1800, and £400 more un
der the pretext of fire and light for the independent
companies now scattered through the provinces, and
the sum of £50 was added to the puisne judges' sala
ries, as a consideration for their extraordinary ser
vices, unassisted as they were, by the Chief Justice's
absence from the bench. And the day before they
rose, care was taken to order the Speaker to write to
Sir Charles Hardy, who went from Halifax to Eng
land, to answer, as it was conjectured, the double
purpose of preserving his comraission and prolonging
his return.
Mr. Jones's letter was doubtless very agreeable to
our Admiral, just arrived frora an unsuccessful expe
dition. I transcribe it here, and insert beneath the
one from the agent that covered it.*

* Sir — Enclosed you have a letter to Sir Charles Hardy, our late Govern
or, which you are to deliver to him with your own hands, and to consult and
advise with him in affairs relating to this Colony. We are greatly sur
prised to find that their Lordships for trade and plantations, have made a
second report to his Majesty on the affair of the Massachusetts line, by
which sve shall be great losers, because by the course of Hudson's River,
a due east line from the stations, we are to run from ahd to, will fall some
miles short of tvventy, which by the first report we were to have. You are
therefore to use your best endeavors to prevent such a loss to this Colony.
Tbe committee ahd commissioners will write more largely to you on this
head. We are also greatly surprised, that this affair should be transacted
vithout your privity, (which we must suppose to be the case) because
you have given us no notice of it. If you knew of it, you have been greatly
deficient in your duty, and are justly liable to censure for not opposng
it, and acquainting us with it. The House have not yet finished the busi
ness before them, and are to raeet soon after the holidays. After thatl

260 Smiths Continuation ofthe [Chap. VI.
New-York,24lhDec. 1757.
Sir, By the enclosed minutes you wdl see the author
ity I have to write to you, in the name of the General
Assembly of this his Majesty's Colony; and I assure
you, Sir, that it is with the utmost pleasure I execute
this authority, in a grateful acknowledgment of your
past and steady attention to the public service ofthe
Colony frora the first moment of your arrival in it.
My station of speaker to the General Asserably dur
ing your whole adrainistration, furnished rae with
frequent opportunities of observing with pleasure,
that the welfare and prosperity of his Majesty's sub
jects coraraitted to your care, was your chief and
principal study. Surely no Governor ever attended
the public service with more assiduity, or more
speedily pursued the good of those he governed.
This, Sir, assures us that though you have left us,
you will not forget us, but will on every suitable occa
sion assist our agent, Mr. Robt. Charles, on what may
relate to this Colony, and represent us in a favorable
light to our most gracious Sovereign, to whose per
son, family and governraent, this Colony has a most
sincere andinviolable attachment. I do, in the name
of the General Assembly, most heartily congratulate
you on your preferraent in his Majesty's navy, and
assure you, that you have their most ardent wishes,
and, I ara persuaded, of the whole province ; that
success, honor, and happiness, may attend you in
that and every other station to Avhich Divine Provi
dence shall call you.
While we were in suspense respecting the plan
expected for the operations of the ensuing year, the
military officers indulged great heats concerning the
inactivity of the last campaign. Lord Charles Hay

expect to write to you again on the affair of the Jersey line also. An
order is made out for your last year's allowance, and the same continued
for another year ; but how it will be after that I cannot say. The House
have not proceeded to the examination of accounts, when they do, you
will faU under consideration.

.1758.] History of New-York. 261
led a party at Halifax in severe reflections on the
Earl of Loudon. Their animosities spread to New-
York ; and among the discontented, no man indulged
in greater liberties than Mr. Lee, then a subaltern,
who did not restrain hiraself in the open coffee-house,
from calling it the Cabbage Planting Expedition ;
drawing into question not only the Earl's military
skill, but his courage and integrity : and others were
divided respecting the northern events. There were
advocates for Mr. Webb, who insisted that Fort Wil
liam Henry was unnecessarily surrendered, while
those who adhered to Colonel Young, impeached
that General, not only for neglecting to relieve the
besieged, but for the loss of the German Flats, by
demolishing the fort at the great carrying-place in
1 756. For Mr Webb, it aa as affirmed, that he was
not 3000 strong at Fort Edward, till the day before
the capitulation ; that he then wrote to Monroe, that
he was on the point of marching to his aid, but over-
persuaded by Young to give up the fort. As to
the demolition ofthe western fort; in order to acquit
Webb, it was averred to be in consequence of the
Earl's positive orders.
Whatever the real design, certainly to the height
of these animosities it was owing, that a winter attack
upon Ticonderoga was talked of, and Lord Howe
mentioned as the person who was to lead that en
terprise. His Lordship then coraraanded a regiment
quartered on Long Island. The carpenters at Albany
Avere eraployed in fraraing sraall sleds to be drawn
by hand ; snow shoes were provided ; worsted caps
bought up; a new corps of five hundred Rangers
formed under Colonel Gage, and Rogers ordered to
raise one thousand raen, of which he was to be Major
Commandant. But after a few weeks nothing more
was heard of this undertaking, and the obloquy was
transferred frora Webb and Young, to the Earl of
Loudon, already expressed by the joint calumnies of
his own army and the provinces. Mr. Webb win
tered with him in town ; but General Abercrombie
took no part in these quarrels, and quietly passed his

262 Smiths Continuation of the [Chap. VI.
time at Albany, Avhere he received the public inti
mation ofthe extensive project of making a conquest
of all Canada, and bis own advancement to the
comraand of a great army, to be composed of the
British troOps, augmented by the whole force of the
colonies. Mr. Delancey collected the Assembly, and made a
speech to them on the 10th March, 1758, in which he
incorporated the animating terms of Mr. Pitt's cir
cular letter, for setting all the wheels in motion to
raise 20,000 provincials. The King was to furnish
all the arms, ammunition, tents, and provisions : the
levying, clothing, and pay, we were to defray, with a
promise of being relieved according to our active
vigor and strenuous effi)rts, by a parliamentary reim
bursement. " I hope," says the Lieutenant Governor, " a num
ber of ballot raen will have at heart the honor of
a brave and the best of Kings ; and will voluntarily
and cheerfully engage in a service, on the success of
which their properties, their civil and religious liber
ties depend.
Nothing could be raore grateful to the majority of
the people than the design proposed. The Assem
bly promised tbeir aid without a moraent's hesitation,
and resolved to raise, clothe, and pay two thousand
six hundred and eighty men, with ten pounds bounty;
for every volunteer, and twenty shillings to the officer
for every recruit. And the Lieutenant Govemor
and Council, to favor the levies, laid an immediate
embargo. The House voted to maintain every poor
soldier's family in his absence ; and to defray the ex
pense, bills were emitted for £100,000, to be can
celled by a tax for nine years. The necessary law
Avas passed, and the Asserably disraissed before the
end of the raonth, without the least jar among the
legislators upon this subject, though the Council had
refused their assent to the favorable project for ex
tending the power of the government, by enlarging
the influence and authority of the Trustees of the
Peace.

1758.] History of New-York. 2ti;'.
Mr. Nicoll brought in the five-pound bill on the
1st Deceraber preceding, and four days afterwards
it was sent to the Council. On the 23d they w^ere
stimulated as to the progress respecting what " the
good people of the colony had so much at heart,"
and were answered, that while the bill was in com
mittee, a petition was presented to be heard against
it, which that House intended to grant after the holi
days. Another more important raessage by Mr.
Watts and Colonel Delancey, respecting it, was de
livered on the 31 st January ; adding, that this House,
in justice to their constituents, cannot avoid being
solicitous about a bill, which experience has shown
to be attended with such happy efiects in the seve
ral counties where it took place, and which the dis
interested part of the good people of this Colony
are impatiently expecting to see continued, and
therefore, that their just expectations may not be dis
appointed, and that the city of New-York, and such
other parts of tbe colony as have hitherto been ex
cluded, and where its use is apparently necessary,
may no longer be deprived of the benefits almost
universally acknowledged to arise therefrom — the
House hopes the Council will not continue to defer
their concurrence thereto.
The Upper House took no umbrage at the unpar
liamentary mode of arguing and corresponding with
each other, but siraply replied, that the day formally
appointed for the hearing, would not arrive till the
Sth instant. Before that they were irregularly ad
journed, frora the 4th of February to the 7th of March,
on a letter from the Lieutenant Governor to the
Speaker. I observed that he chose to make a speech
tp them after the receipt of Mr. Pitt's letter, though
there had been no end of the session. The Council
unmoved, sent down the bill with amendraents, and
the sarae raorning (21st March) were informed that
the House would not concur in them, and thus the
fate of the bill was suspended ; the Council adhering
to their alterations, and the Lower House being, as
was then supposed, satisfied with the amazing influ-

264 Smiths Continuation of the [Chap. VI.
ence which the new coramissioners for raising the
army would create prior to the election near at hand,
in consequence of the septennial act passed in the
time of Mr. CHnton, who was censured for a practice
in which he was now enslaved, that of filling up vacan
cies in the counties, according to the nomination ofthe
members, some of Avhom were trusted with blanks to
be filled up at their pleasure. But on the nearer
approach of the dissolution, the Asserably rescinded
their first vote, and concurred with the amendments,
and the bill was passed.
Mr. Amherst was to accomphsh the conquest of
Cape Breton, the island of St. Johns and their de
pendencies. Mr. Forbes commanded in the enter
prise against the French forts on the .Ohio; but the
main array for penetrating Canada through the north
ern Lakes, was to be conducted by Mr. Abercrorabie.
Fort Edward was the place of rendezvous. The
New- York troops were all levied and collected there
a fortnight before ; the stores arrived from England
about the middle of June, under convoy of the Van
guard ; not long after which, the forces of the Colo
nies came in. By the activity of Lord Howe, and
Lieutenant Colonel Bradstreet, the boats were for
warded with speed, and Lord Howe led the first
division of 4000 men, before the end of June to Lake
George. General Abercrombie followed with the
main body, and on the 6th July, the whole army
landed at the north end of those waters.
They defeated (to use the words of Mr. Jones'
letter to the agent of the 2d November) a party, who
went against them and got possession of all the
ground between the place of landing and the French
fort at Ticonderoga ; but meeting with a small re
pulse there, they iraraediately (at least as appeared
to us) gave up all the advantages they had gained,
and hastily returned back over the Lake again, and
nothing has been atterapted since in that' quarter.
Where the faults lay we cannot take upon us^ to say,
but it appears to us to be more in the head than the
body.

1758.] History of New-York. 265
Lord HoAve, on the march to the lake, fell a
sacrifice to his valour in a conflict with the French
advanced guard. Brigadier Prevost, in a letter ofthe
3d August, inforraed the author, that the army
marched in the best order; but from ignorance in the
officers, or the indocility of the troops, they took
fright on the report of a few rauskets, and instantly
dispersed. That this happened twice in two hours.
The works at Ticonderoga were trifling : they had
piled logs on the land side in a line for a breastwork,
and trees before it to erabarrass the assailants. Mr,
Abercrorabie, who was two miles in the rear, and
not informed that there was at one end an open
access to the French-encampments, ordered an attack
with musketry alone, upon that part of the line
which was finished and fortified with cannon, and
there we sustained the loss in killed and wounded :
nearly two thousand brave men, who were advancing
with the utmost difficulty, greatly obstructed by an
abattis of trees.
The French General, who was just within the lines,
perceived our folly, stripped off ihis clothes, and with
a drawn sword, forbid a musket to be fired upon the
pain of the severest punishment, until he gave the
word. When, embarrassed and unable to fly back,
he issued the word of coraraand, and our front was
m||>^d down like grass. Hearing of the slaughter
Mr. Abercrombie ordered a retreat ; he hurried them
on the night of the 7th to the Lake, where they em
barked with the utmost precipitation, nor even then
abated their speed till they had passed its whole
length. Colonel Peter Schuyler, who was then a prisoner
in Canada, informed the author that Mr. Montcalm's
whole force there and at Crown Point did not exceed
three thousand men ; nor their killed and taken both
within the lines and at the advanced guard, two hun
dred and thirty; and that frora a dread of our vast
superiority, they had actually before our retreat pre
pared to abandon CroAvn Point. 34

266 Smiths Continuation ofthe [Chap. VI.
Lieutenant Colonel Bradstreet, irapatient of this
disgrace, and hoping nothing frora a General, Avho,
while he caluraniated his array as broken-spirited,
discovered that he wanted firraness hiraself, urged
an atterapt upon Frontenac. He was sent to OsAvego
in 1755, was there again in 1756, and had entered
into Shirley's views of the importance of command
ing the waters of Ontario, and offered his services to
conduct the enterprise. Abercrombie gave him a
detachment of three thousand raen ; he rather flevv
than raarched with thera through that long route from
Lake George to Albany, and thence again up the
streara of the Mohawk River, then across the postage,
down the Wood Creek to the lake of the Oneidas,
and the rapids of the Onondago to Oswego. Thence
he pushed his open boats into the sea of Ontario,
traversing the south-eastern coast from point to
Point, till he crossed, the St. Lawrence and sur
prised the garrison of Frontenac. He invested it,
took it, burnt an iraraense raagazine for the supply
ofthe interior dependencies, and in twenty-four days
after having destroyed the vessels on the Lake, re
turned to assist in securing the iraportant pass in the
country of the Oneidas, which Mr. Webb had the
year before abandoned to the intiraidation of all the
six Indian tribes. But either by the fatigue of these
vigorous exertions, or the bad quality of the w£B;#s
ofthe Wood Creek, Ave lost five hundred men of this
detachment, a great part of whom were levies of this
colony. The author's letter to Governor Morris,
enclosing one from Mr. Dubois, who was a captain
under Bradstreet, brought the first intelligence of
this event to England. He desired an audience to
comraunicate it to Mr. Secretary Pitt, who received
him, and unassisted, entered into so copious a dis
play of its consequences, that his informer lost, what
was one of the ends of the interview, not having a
thought to add to the sagacious reraarks of that bold,
active, and discerning statesman, who appeared to
be accurately informed of the inland geography of

.iv58.] History of Neiv-York. . 267
Araerica, then understood even in this country only
by an inquisitive few.
It was imagined that Mr. Abercrombie Avould re
new the attack, but the author learnt from General
Prevost that sorae additional works at Lake George
engrossed all his attention, and that the campaign
would end as shamefully as it had begun. Having
comraunicated the public censures on his conduct in
that quarter, so early as the 2 Ist of July, his an
swer did not adrait that the General was culpable in
recrossing the Lake, and seemed to hint that there
could be but little dependence on the provincials.
The author, on the 13th of September expressed
himself thus : —
" Though sorae of the Colony troops seemed to
discover a temper not very encouraging at the first
landing, is it not true, that they behaved with spirit
in the atta.ck.'* or, Avhich is sufficient to my purpose,
did not the General think so, when orders were given
to thank them publicly for their gallantry ? was not
their universal surprise at the retreat some proof
that their minds were then firm, and not broken by a
panic .'' and does not the rapidity with which they
were brought off, demonstrate that no time Avas spent
to examine the temper ofthe army .'' what are your re
flections on the General's orders, on the cannon and
baggage to New-York. Provincials reduced Louis-
burgh-the last Avar. Acadie was reduced mostly by
provincials. Dieskau was taken by the Colony troops.
The rangers are colonists. Provincials cut off Kitl-
anning, and by provincials we lately destroyed Fron
tenac. You will agree Avith me that irregulars will
be of use for a surprise in a weakly fortified, wooden
country. When provincials succeed in one kind of
service, most men think them fit for all. This indeed
is arguing ill, and nothing Avill shoAV it to be bad logic
so soon, as better conduct on the part of the regu
lars. What think you of rebuilding Oswego } If
the war continues another campaign, I can't help
thinking that in a general invasion of Canada, five or
six thousand troops sent doAvn the Cataraqui stream

268 Smiths Continuation of ihe [Chap, VI; •
Avould greatly favor the descent of a larger array
through Charaplain, and a fleet on the river."
The reply of the 28th has these passages —
" I have no answer to raake in regard to the Gene
ral's orders to Cummings on the night of the attack,
for I am at a loss to defend a bad cause, as I should be
to give up a good one. Provincials have performed all
you relate, and had they been properly led, it is my
just opinion, they might have done raore, but for all
that, they were not in the least fit for the service we
are upon. I do not know verily, whether we shall
atterapt this year to retrieve our losses, but we are
in readiness with regard to all the necessary iraple-
ments and provisions ; and if any thing is still wanting,
I am pretty certain it will be at the lake before the
reinforcement of the regulars can corae frora Boston."
When the five regiments frora Louisburgh landed
there, and marched slowly to find winter quarters at
Albany, they had not the least intimation that Mr.
Abercrombie suspended his re-attempts for their
junction, and then heard it for the first time with
surprise. The controversy then arose respecting the
fault which was at last charged upon Mr. Pownall the
Governor of Boston, to whom Mr. Abercrombie had
entrusted despatches to Mr. Amherst for reinforce
ments immediately after the retreat from Carillon.
But the season was elapsed. The French had gath
ered in their harvest. Tbe British fleet had left the
St. Lawrence, and the whole force of Canada was
collected on Lake Charaplain, and by the middle of
October, the victors from Louisburgh were in winter
cantonraents. The operations terminated in the north-west, in
the construction of a respectable fort in the country
of the Oneidas, and it was called Stanwix, in com
pliment to the General who commanded in that quar
ter. The account of the loss of Louisburgh on one side,
and of Frontenac on the other, arrived at Montreal
on the sarae day. The militia of that island and
neighbourhood were instantly commanded up the St.

1758.] History of Neiv-York. 269
Lawrence to repair the demohshed fort. Colonel
Peter Schuyler was witness to the consternation of
the French colony. The whole force sent to Fron
tenac did not exceed fifteen hundfed men, and upon
a false alarra of Bradstreet's second approach, the
greatest part of them abandoned the works, and de
scended the river with the utraost precipitation ; the
dispirited populace considering their country as lost.
But our success on Ontario had still raore exten
sive effects, and verified in fact what Shirley long
had beheld in speculation. The Indians noAv changed
their temper. A peace was established at Easton in
October, not only with the six nations, but all the
barbarians on the waters of the Delaware and the
Susquehannah. The reduction of Frontenac con
tributed also to the progress of General Forbes on
the Ohio. The enemy abandoned Fort Du Quesne
on his approach, and a treaty-was concluded with
the numerous savages in that remote country, who
had, after Bradstreet's defeat, spread desolation
along the interior frontier of all the southern colonies.
Frederick Root, after the treaty of Easton, ventured
amongst them at the hazard of his hfe, and convened
eight hundred of their warriors at a council fire on
the western bank of the Ohio, near Fort Du Quesne.
The Alleghanies, consisting of four hundred fighting
men, who formerly inhabited Pennsylvania, New-
Jersey, and the western parts of this province, agreed
to meet at Philadelphia at such time as Mr. Denny
the Governor of Pennsylvania, should appoint. The
rest, who were Shawnees, and lived farther down the
stream of the Ohio,, were inclined to wait the result
ofthe negotiations Avith the other tribes, but engaged
to disperse at present, leaving Mr. Forbes to advance
without opposition, and conducted part to that army
to communicate that agreeable intelligence.
After divers adjournments, Mr. Delancey and his
Assembly met again in November, and he delivered
a speech, congratulating them on the reduction of
Louisburgh, the erection of Fort Stanwix, and the
success at Frontenac. Ofthe repulse of Ticonderoga

270 Smiths Continuation ofthe [Chap. VI.
he expressed hiraself with caution — " Though (sftys
he,) our sanguine hopes have been disappointed, yet
the eneray have gained no ground there, and things
are as they were on Hudson's River at the beginning
of the campaign." He then reminds thera of three
trips to Albany — recoramends these to their conside
ration, and leaves them to the common business of
the year.
At the instance of Mr. Cruger, the thanks of#this
House were given to Mr. Oliver Delancey, who had
served with General Abercrombie, as Colonel in
chief of the New- York forces — " For his great service
and singular care of the troops under his com
mand."* They gave his brother the Lieutenant
Governor eighteen hundred pounds for a salary, four
hundred pounds for fuel, candles, and lights, and
for his three visits to Albany three hundred pounds
more. According to a law, no Assembly could continue
longer than seven years from the test of the sum
mons by which it was first convened ; and the writs
for the present House issuing in January 1752, this
was of course the last session, the term expiring in a
few weeks.
The party who had so long held the reins, could
not think of separating without a five-pound act for
the greater influence of the trading factors in the
ensuing elections.
One of the main sticklers in the Council for
amending the bill, was Mr. Charabers ; the profits of
whose office, as town-clerk of the capital, Avould be
greatly abridged by the coraraission of all causes
between forty shillings and five pounds before cogni
zance in the Mayor's court, to a single justice ofthe
peace.

* He with Mr, John Cruger and Mr, Beverly Robinson were the pay-,
masters and commissaries for laying out tlie £100,000 devoted for the
service of this campaign.

1758.] History of New-York. 271
This was his motive for amending the bill, and he
was supported by the majority, who thought it
reasonable to give a compensation to all patent offi
ces whose profits were to be lessened by that bill.
The Asserably had refused the amendments, and the
Council had given notice that they adhered to them,
so that the bill had been considered at last, until
the House, unwilling to be dissolved without it, re
sumed the consideration of the amendraents on the
9th Deceraber, (for no prorogation had intervened)
and assenting to thera, the Council, (into which Mr.
Watts and Mr. Watson had been introduced by the
interest of Sir Charles Hardy,) without any objection
handed the bill over to the Lieutenant Governor, and
it passed into a law.
Before their partingi, care was taken to intiraidate
and Aveaken the influence of Mr. Depeyster the treas
urer, and his powerful connexions in the interest of
his brother-in-law Chambers, by stating an account
between him and the Colony, according to which
he appeared to be a debtor to the public in 1757,
for above thirty thousand pounds ; and to reward Mr.
Speaker JOnes, who had so long served the interest
of the Lieutenant Governor, and fallen under the
suspicion of his constituents in Queen's County as a
friend to the chartered college, he Avas constituted
one of the judges of the suprerae court, and on
the face of a new instruction gave him his comrais
sion, granting the office during good behavior. But
it must be added, that there was at that tirae an im
portant cause to be tried on a claira to near sixty
acres of land in the suburbs of the raetropohs, held
by the corporation of Trinity Church, of which Mr.
Chambers and Mr. Horsmanden were merabers, and
therefore exceptionable judges, and when the trial
came on Mr. Jones sat alone.
But it was easy to apologise for this appointment,
especially as the two houses at this time furnished
him with a very seasonable exhibition of the zeal of
the Colony in the services of the war, with a view
that this representation should be communicated with

272 Smiths Continuation of the [Chap. VL
his own addition^ to the king's ministers for a share
of the promised reimburseraents, and that delivered,
Mr. Delancey dissolved the Assembly on the 16th
of December, " not (as he told them) for any distrust,
of their proceedings ; on the contrary, I take this
public occasion of thanking thera, and declaring that
I think they have done a great deal for the service
of their king and country, and that they merit the ap
probation and thanks of their constituents. But, as
his Majesty's coramands for the operations of the en
suing year a,gainst the enemy are not come over,
and probably will not arrive here till near the time
when this Assembly must expire by the limitation of
the septennial act; in which event, if this Assembly
should not during their continuance go through the
business then to be recommended to them, the public
service would be delayed and perhaps disapproved."*
The elections demonstrated that all the arts used
to influence the multitude were insufficient to extin
guish the flames of jealousy excited by the partial
pre-eminence given to one denomination in the rao-
delling of the college. Fifteen new merabers were
introduced, and araong thera several whose abilities
increased in the difficulty of raanaging their huraors,
and who by their opulence were indifferent to the
srailes or frowns of a party they meant to check and
subvert. Philip Livingston, a popular alderman, came in as
a member for the metropolis ; William Livingston,
Avho had signalized himself in opposing the exclu
sive charter, was chosen to represent bis brother's
manor; Robert R. Livingston and Henry Livingston
Avere sent by the County pf Dutchess ; Mr. Hicks of
Queen's County had been a partisan of Governor
Clinton, and with his colleague were preferred to^
Mr. Justice Jones and Cornel. The people of that
county censuring the former as a tool to the Lieuten-

* It vfas known that General Amherst was to command the next year.
He sent some ofthe Louisburgh troops across the country from Boston to
Albany, and arrived at New-York on the 12th December"l758.

1759.] History of New-York. 273
ant Governor, and the latter as influenced by his old
colleague. Messrs. Hasbrouck and Bruyn, Her
ring and Wisner, were sent up by Ulster and Orange
counties, disgusted by the late ruling party.
But Mr. Delancey was not left without hopes. His
brother Oliver, and his friends John Cruger, the
Mayor, and Mr. Lispenard got in for the city, nor
did his brother and his cousins Verplanck and Rens
selaer lose their seats. Besides, he could rely upon
Mr. Nicoll, his cousin-german Mr. Watts, and upon
Messrs. Winne, Philipse and Thomas,, who were his
companions and members ofthe late House.
Add to this, that the Delanceys had gained in the
Council what they lost in the Assembly. He seera
ed to be fixed in the chair, and therefore awed the
whole board. In proportion to their jealousy of the
Xiivingstons, who were considered as the leaders of
the non-episcopal denominations, they were willing
to draw with the Delanceys, though the latter were
not fond of being publicly considered as the head of
a sect, though powerful in its influence, yet small in
point of numbers ; not to mention that the new mem
bers. Watts and Watson, wei'e not only sure yotes in
that board for the party, but a check upon the free
dom of their debates. From this time we Shall dis
tinguish the opposition under the name of the Liv
ingston party, though it did not always proceed from
motives approved of by that family.
The writs of summons Avere returnable on the 26th
January, 1759, but the inclemency of the season pre
venting their convention, Mr. Delancey prorogued
them by a proclamation under his private seal, to the
31st. For this irregularity he had the advice of his
Council, nor was it excepted to by the Assembly.
The new plan for the year being not yet come to the
hands of General Amherst, who had been waiting
here in daily expectation of it, the Lieutenant Gov
ernor, after Mr. Nicol was chosen Speaker, address
ed them with congratulations^ on General Forbes's
success against Fort Du Quesne, recommended a
more compulsory law for impressing, horses and car-

274 Smiths Continuation of the [Chap. VI.
riages, the prevention of frivolous arrests, the pay
ment of pubhc debts, and their concerting a plan for
more populous settlements of the waste lands of the
croAvn. These raeasures were , as much for his own
interest as for that of the public ; the last mentioned
especially, by which his emoluraents in the land-
office might by new grants be greatly increased.
They gave him a general, answer with warm pro
fessions of zeal for ,the service of the crown and
their country, and entered into the common routine
of business, till Mr. Secretary Pitt's despatches arriv
ed the latter end of February, requiring an addition
to the British troops of at least twenty thousand men
from the Colonies of the east, and of Pennsylvania,
upon the terms of the last campaign.
It was immediately resolved to raise two thousand
six hundred and eighty men, as the proportion of
this Colony, by giving each individual £15 bounty,
and twenty shillings more to the recruiting officer ;
and to defray the expense by an emission of £100,000
in paper, to be sunk in nine years by a tax beginning
with £1 2,000 for the present.
To quicken the levies, the Lieutenant Governor
urged the House for power to raake detachments,
that every raan might be interested in procuring
volunteers ; and by the 7th of March, the main bill
for the levies and One for impresses being ready,
they were passed with two or three others of less
moment, and the merabers retired to their counties
to forw^ard the enlistraentSj when great urabrage was
taken by the quakers, to whose conscientious scru
ples the Legislature had shown very little regard.
But the Assembly were soon reconvened for a
fresh proof of their zeal. The agents for, the motley
contractors AA'ere out of cash, and the end of the
campaign in danger of being frustrated, unless a loan
could be raade to the crown of £150,000 currency.
It was no sooner asked by Mr. Amhei'st, than a law
passed (3d July) upori his promise of repayment in
the course of a yekv, by bills to be drawn by the

1759.] History of New-York. 275
deputy payraaster of the army, and the cash lent
consisted of bills of credit now issued.
General Prideaux took the command of the west
ern army destined to Niagara. They advanced the
1st of July, 2200 strong, exclusive of several hundred
Indians led by Sir William Johnson. They landed,
invested the French fort and opened their trenches.
The General fell by the unfortunate explosion of a
cohorn on the 20th. The American Baronet took
his place, and sent for Mr. Haldimand, who with
twelve hundred raen had just before repelled sixteen
hundred of the eneray in the defence of that post,
with a considerable loss to thera and none to us.
Before Mr. Haldimand arrived, a strong party of
thirteen hundred carae from Venango to the relief
of the besieged, with five hundred savages. Lieu
tenant Colonel Massey advanced Avith a detachment
offive hundred raen to raeet them. Observing that
our Indians sought an opportunity to speak with
them, and fearing the effect of it^ the French set up
and begun the charge. In less than an hour they
gave way with the loss of one hundred and fifty
prisoners, the first and second in command, Morang,
the Indian leader and seventeen officers, seven of
whora were captains. Except the MohaAvks, all our
own Indians stood aloof till after the route. This
victory of 23d July gave us the fort. Through the
unskilfulness of our engineers, the works were un
hurt; and having araraunition for only forty-eight
hours more. Sir William was on the point of raising
the siege. The garrison capitulated at the instance
of the commandants. There were made prisoners
of Avar to the number of six hundred and seven :
their women and children Avere to be sent to Mon
treal. General Amherst led the main body. They pass
ed Lake George Avithout opposition, and proceeded
to the lines so fatal to us the year before. While
our trenches were opening, the enemy kept in their
fort, but inthe night ofthe 26th July, blew it up
and repaired to Crown Point, leaving twenty men

27G Smiths Continuation of ihe [Chap. VL
behind who could not find room in their boats. We
lost Colonel Roger Townsend the night before, by a
cannon shot in the shoulder while he was imprudently
gratifying his curiosity at the trenches.
Five days after M. Bourlemaque abandoned Fort
St. Frederick, and demolished the works on the
approach of Rogers's rangers, and retiring with all
the stores to the Isle aux Noix, at the north end of
Lake Charaplain, where his whole force collected
amounted to two thousand men, who were in a starv
ing condition.
Colonel Gage was ordered on the news of the sur
render of Niagara, to proceed from Oswego with
the western forces down the St* Lawrence to La Ga-
lette, while General Wolf was besieging Quebec,
that the French force drawn to the two extremes of
Canada, might favor General Amherst's descent upon
the centre of the Colony^ with an army of twelve
thousand men through Lake Champlain.
On the flight from Crown Point, few doubted the
reduction of Montreal, where they imagined the in
habitants shut out from the rest ofthe world, and so
harassed as to be unable to collect in their harvest,
upon the point of perishing by a famine, and by des
pair ready to resign themselves the moment of Gene
ral Amherst's landing at St. Johns. They relied on
the intelligence that the savages in the French alli
ance were intimidated, and conceived that the im
mense plunder of Niagara would be sufficient: to
draw all our Indians to a firm junction with the troops
who were to act under Mr. Gage. But of these de
signs not one was executed save that trusted to
General Wolfe, and this not till the 13th September.
General Amherst who had advanced within thirty
miles of St. John's, and burnt all the French vessels
but one, on thencAvs of the Quebec victory returned
to Crown Point.
The raultitude however were contented with a
change of fortune so very different from what they
had hitherto experienced, and contented with their
successes, a veil was willingly drawn over that inac-

1759.] History of New-York. 277
tivity which had disappointed our hopes of the total
subjugation ofthe poAver of France on this continent.
The fort of Niagara though of earth, was respecta
ble, and capable of containing two thousand men.
On the sides it was difficult of access. It had a river
on the west, the lake on the north, and on the east a"
morass. The ditch was large, and a great part of it
wet. The soil near it, like the Seneca country, fertile,
rich and level. About two thousand Indians visited
it the ensuing autumn, abject and servile, because
aware of their dependence on us in future for many
articles necessary for their subsistence. But not a
single raan of the Mississagas, who inhabited the
old country of theHurons, on the north bank of Lake
Erie, came there till the close of the campaign, for
the French still maintained their post at Toronto, at
the north-west corner of Lake Ontario, and there
fore six hundred men were left the ensuing year as a
garrison at Niagara.
At Oswego we built a new pentagon fort, and
opened a ditch of five and thirty feet. The maga
zine was made capable of containing a thousand
barrels. Casemates and bomb proofs were con
structed, and nine corapanies left there for its de
fence, with several small vessels and a brigantine of
seventy odd feet keel, mounting twenty guns. One
hundred men more were posted in a small fort at the
Little Falls of the Onondaga, and as many raore at
the western extremity of the Oneida Lake ; fifteen
at the eastern end, and four hundred at Fort Stan
wix. A road was cut from that fortress eighteen
miles across the portage to the mouth of the Wopd
Creek, to shorten the passage by that stream, which
is more than double that distance. It was then as
serted that the plain of the waters of the Wood
Creek and the Mohawk River, at each end of that
carrying-place, differed but two feet, which, if true,
may one day give a'supply of salmon and many other
kinds of fish to the inhabitants upon the borders
of the latter of these streams.

278 Smiths Continuation of ihe [Chap. VL
On the north General Amherst began a fort at
William Henry, completed another at Ticonderoga,
formed and began to execute the design of such a
fortress at Crown Point as would comprehend a cir
cuit of nine hundred yards. • The winter garrisons of
these three posts amounted to fifteen hundred men.
The defeat of 4he party from Venango facilitated
the constructions ordered by Mr. Stanwix at Pitts
burgh, where he exhausted the summer in Indian
treaties and promoting our commerce with the abori
gines of the south.
The provisions for the New- York troops extending
only to the first of November, and General Amherst
wanting their assistance for securing the ground
they had gained, and to prevent the French from
repairing their losses, it was necessary to reconvene
the Assembly in October, and on account of the
small-pox, Mr. Delancey ventured to summon them
again at his own out-house in the surburbs.
General Amhert's patron was Mr. Pitt ; and the
Lieutenant Governor, who had hitherto studied to
conciliate the graces of that , general, did not lose
the opportunity to applaud his carapaign.
After declaring his acquisitions to be iraportant
and valuable, and approving the wisdora of his mea
sures, he adds for justifying them,
" You must be sensible that the eneray have had
very small supplies of provisions this year from
France, and that most of the raen in Canada having
been in arras this sumraer, their crops raust have
suffered greatly. In this pressing situation it cannot
be doubted, they will use their utraost efforts to re
possess theraselves of their strong holds, if it were
only with a , design of getting subsistence frora our
magazines ; but if they know that there are respecta
ble forts to oppose them, and find that the works are
completed, they must lay aside all such attempts as
fruitless and vain." ' '
The house wanted no incitements to continufe their
aid, and the same day voted the necessary pay and
additional clothing suited to the season, apd the day

1759.] History of New-York. 279
after (18th October) were adjourned to the 4th
of December.
They met then to congratulate each other upon
the victory at Minden, the defeat of the French
fleet on the coast of Algarva, the conquest of Gua-
daloupe, the reduction of Quebec, and the other
successes of that memorable year, and then proceed
ed to the ordinary supplies. Mr. Delancey did not
omit a requisition for a salary to Mr. Justice Jones ;
"an officer (says he) whom the course of justice
obliged me to appoint ;" and for obviating objections,
pointed to funds by an increase of the stamp duties
and an augmentation of the excise upon strong li
quors. The session ended in twenty days without a single
diA'ision on any question, though upwards of twenty
acts were passed, and among them a five-pound act
so much before contested ; but it was limited to four
years. To the governor they allowed a salary of £1800
witb the £400 perquisite ; gave Mr. Charabers £200
without any reference to the chief seat as full or
vacant. Deducted £50 from Mr. Horsmanden's
late allowance, and gave Mr. Jones £100 a year
from the date of his comraission, the 6th of De
ceraber 1758. Of the five-pound act the committee
wrote favorably to the agent. The Speaker ofthe
present House living remote from the capital, dechn-
ed any part of the correspondence, and it was left
to the members of the metropolis, who expressed
themselves thus in their letter ofthe 26th April.
" In the last session an act Avas passed to empower
mayors, recorders, &c. to try causes to the value of
£5 and under, which has been strenuously opposed
by the gentlemen ofthe law, both out of doors and in
the Council, but at last consented to for four years.
As we are apprehensive that the sarae opposition will
travel to the Board of Trade, we desire you will sup
port the act, as it has by experience been found very
beneficial, and in a few instances only occasioned any
discontent; is greatly satisfactory to all ranks of peo-

280 Smiths Continuation ofthe [Chap. VL
pie, except some of .the law, and prevents number
less suits and expenses, which in many instances
amounts in the old practice to more than the sum
sued for, and therefore this law is esteemed a very
singular public benefit."
It was not to be doubted that if the war continued,
new efforts would be directed for completing the
reduction of all Canada. Mr. Secretary Pitt's letter
for that purpose arriving in good season, the House
was again convoked for our aid on the llth March.
The Asserably voted the like contribution with that
of the last year, and there was a new emission of
sixty thousand pounds to defray it, and an eight years
tax iraposed for sinking the bills.
The Governor had in his speech incorporated Mr.
Pitt's letter, commanding him to use his utmost en
deavors and influence towards raising the men neces
sary for the enterprise, which prompted to a motion
of Mr. R. R. Livingston for an address intimating that
a great part ofthe loan to General Amherst was still
unpaid, and that their exertions were made, uninflur
enced by any other motives than a sense of their duty
to their king and country. But there was a majority
for the negative, which is mentioned as a demonstra
tion of his ascendency, even in the present Assembly.
They adjourned the 22d of that month.
Before they met again in May, he informed them
that the whole loan was repaid, and at the request
of Governor Pownall implored their charity to the
people of Boston who had suffered by a conflagra
tion which had consumed a great part of that town
on the 20th March.
Though the province was then indebted to a long
list of creditors for their services and losses in the
war, and of many of these demands only able to ad
vance but a moiety, still they gave out of their
treasury £2500 to the poor of Boston.
Mr. Delancey passed ten biUs on the 10th of June,
and then adjourned them. The most remarkable of
these, was one to regulate the practice of physic
and surgery; professions taken up by every pretender

1760.] History of New-York 281
to the great injury of a credulous people. But
the remedy Avas very inadequate to the evil, for the
law which restrained all unlicensed practices under
the penalty of five pounds for every offence, was
limited to the capital, and gave the right of examin
ing the candidates to incompetent judges, a coun
cillor, a judge of the supreme court, the mayor and
the attorney-general, assisted by such persons as
they should think proper to call upon.
The Lieutenant-Governor survived this session
only to the 30th July, and died very suddenly. He
spent the day before on Staten Island, at an interview
Avith Mr. Boone and Mr. Barnard ; the latter leaving
New-Jersey for the government of Boston, and the
former taking his place and comraand of New-Jer
sey. General. James Prevost, Governor Morris, Mr,
Walton and others, Avere of the party, and Mr. De
lancey, as it was thought, suffered by the tart raillery
ofthe company and a too free use ofthe cup; for his
constitution, though not much shattered, began, to give
way to theliberties he badlongindulged. Crossing the
water for several miles in the evening air, he landed
in low spirits, drank some wine and Avafer at Mr.
Watts's,and rode out to his house about a mile frora
town. He was found in the morning by one of his
infant children gasping in his chair, and in the ago
nies of death ; and before a physician could be called
to his assistance, the vital spirit was gone. The
immediate cause was supposed to be a fit ofthe
asthma, to which he had been many years so subject,
as to be unable to take his ordinary repose in bed.
The conversation of the day before certainly put
the deceased to his utmost exertions ; for he was
treated with the familiarity of an equal in the pre
sence of his inferiors, who had long worshipped
him as a genius and character of the first magni
tude. Mr. Boone, Mr, Morris, and Brigadier Pre
vost played off their wit in rallying some of his arts
foraaining popularity ; and though not a word was,
uttered in a manner interdicted by good breeding,
vet there was gall under the, disguise of pohteness
^ • 36

282 Smiths Cdritinuation ofthe [Chap. VI.
and respect, which made his defence the raore ar
duous, especially as there were three against one,
Avith the smiles of the rest. His daily coffee-house
haunts, his controversy with Clinton, his persuad
ing Sir Charles Hardy to resign on contract for
half ofthe salary and emoluments, the subserviency
of his tools, his double claim to be chancellor and
chief J ustice, his exaction of the high fees for land
grants taken by Clinton, ahd his receipt of £400
yearly for the garrison, after the independent compa
nies were removed, and a tale respecting that money,
all touched with delicacy and justified with anxiety,
Avithout the appearance of contention, formed the
topics of a conversation concluded .with evening
merriment on both sides ; but when they parted, Mr.
Delancey instantly grew serious, and was vexed and
silent on the whole pa,ssage over the Bay.
The tale alluded to was this : Prevost commanded
one of the rOyal American battalions, Avhich had
wintered here before. The author remarked to him
in the sumraer of i758, when being Aors c?e ramfia?,
he spent his tirae unemployed at a villa near the
capital, that this annual gift was a party douceur.
He instantly protested he would exact it for his
corps, and the next day startled the Lieutenant
Governor by a demand, which the other endeavored
to turn off with a jest. The General left him to con
sider of it, and receiving no satisfactory answer,
notified him in form, that he should make it the sub
ject of a letter to the Secretary of War; and at a
public dinner told him, that he would certainly make
that application, because it was the part of a gOod
officer to insist on the rights of his soldiers, and
leave it to the Governor to support his own honor in
the denial if he could. Mr. Delancey was already
intimidated, and a few days after declaring his con
viction of the justice of the claim, paid down a moiety
ofthe money, for which the General tookthe merit of
signing a receipt in full, vvhich the other acknow
ledged to be a favorable and indulgent composition.
General Prevost Avas so much pleased with his sue-

1760,] History of New-York. 283
cess, that he could not conceal it; valuing his triumph
over a demagogue Avho held thousands in awe, infinite
ly beyond the spoils he had acquired.
Mr. Delancey's genius exceeded his erudition. His
knowledge of the law, history and husbandry except
ed, the rest of his learning consisted only of that small
share of classical scholarship which he had acquired
at Catnbridge,andby a good meraory retained. He was
too indolent for profound rese?trches in the law ; but
what he had read he could produce in an instant, for
Avith a tenacious raeraory he had an uncommon viva
city; his first thpught was ahvays the best ; beseem
ed to draAV no advantages from meditation, and it
was to this promptness he owed his reputation. He
delivered his sentiments with brevity, and yet with
perspicuity. He rarely delivered his opinions iu
writing, because his compositions did not raerit even
his own approbation. It was a labor to hira to write,
and he only supplied the raatter of his speeches to
the Assembly, which others put into form'.
The siege of Quebec by the Canadians, and the
dread of its returning to its old masters, quickened
our levies, and Avhen collected, the news of their re
tiring from that city in May, stimulated them in their
prpgress. General Amherst left Schenectady in
June to join an army of four thousand regular troops
and about six thousand provincials, who were to make
their descent into the heart of the French Colony,
down the stream of the St. Lawrence, while Gen
eral Murray was to come against it with two thou
sand regulars from Quebec, and five thousand pro
vincials were to penetrate under Colonel Haviland
through Lake Champlain. Sir William Johnson
gave assurances at the same time of the effectual aid
of all the warriors of the Six Nations, of which nev
ertheless only six or seven hundred accompanied
the western army from Oswego to La Galette or Os-
wegatchie, when all except a few individuals thougjit
proper to return to their own castles.
The three divisions advancing and arriving nearly
at the same time in the neighbourhood of Montreal,

284 Smiths Continmtion of the [Chap. VIL
the whole force of Canada was driven into the island,
and Mr. Vaudreuil the French Governor, being sur-
i-ounded and unable to make any resistance, surren
dered all Canada on the Sth of September, and
General Amherst returned to New- York the latter
end of September, and received the congratulations
of a people exulting in the accomplishment which
we were taught by our ancestors to pray for, as an
event essential to the felicity and safety of all the
British Colonies in America. •

CHAPTER VII.

From Ldeuteiiant Governor Delaneey-a death, to the appoint
ment of lieutenant Governor Colden, during the absence (f
Sir Charles Hardy.
On Mr. Delancey's death the governraent devolved
on Dodtor (golden, who iraraediately came out from
his rural retreat in Ulster County, and at the age of
seventy-three took up his residence at the province
house in the fort, as president ofthe Council.
It was the general wish that he would instantly fill
up the vacant seat of the Chief Justice, the ministry
having not long before trusted the dispensation of
justice in other colonies to persons of such character
as filled the multitude with uneasy apprehensions.
Jersey had been mortified by the arrival, first of one
Ainsley, who wasraised to be Chief Justice from the
low station of treasurer to a turnpike in the north of
England, and when he died, by a successor still more
contemptible, pfthe name of Jpnes, a Newgate soli
citor, who, left his wife, lady Oliphant, in the arms of
an adulterer, by whose interest he was promoted and
sent put of his way.*

* Ainsley was said to be recommended to the Earl of Halifax by Lord
Ravensworth, and Jones by Lord Chief Justice Welles of the Common
Pleas*

1760.] History of New-York. 285
Mr. Colden was sounded on the propriety of
guarding against similar appointments, but delivered
his answer in terms of ambiguity ; and while it was
unknown that he meant to corapliment the Earl of
Halifax, then first lord of trade, with the nomination,
and take that opportunity of showing his own zeal
for the interest of the minister, an attempt was made
to engage Mr. Morris to Change his place in New-
Jersey for the same station in this Colony.
It Avas apprehended that Mr. Coldeu', who had
heretofore^iveh so much offence, might; to gain popti-
larity, be persuaded to join in the recommendation;
but at the same time it was foreseen that rieitherCham-
bers nor Horsmanden would approve of any other
person than themselves.
Mr. Watts suggested to Governor Boone of New-
Jersey, that his province was happy in Mr. Morris,
and added a wish that he had the vat:ant seat in New-
York. This was privately coraraunicated to Gene
ral Prevost, who consulted the author on the subject,
who spoke to Mr. Morris, ahd he cohseriting to the
trial of our interest, we all met (Mr. Morris and Mr.
Walton who was his friend) at General Provost's
in Flatbush. The author was to engage his father's
approbation, and Mr. Walton, flattering hiraself that
he could procure the junction of Mr. Watts arid
Oliver Delancey, he made the attempt, and pressed
it with the utmost earnestness, but was unable to
prevail with either. The only fruit of it was expos
ing Watts to the resentmerit of Mr. Boone, by his
denial of what the governor had alleged, and tO the
contempt of a few who were informed that he was
brought to confess that he had forgotten what he said;
and thris the president, unsolicited upon this delicate
subject, prosecuted his own design of leaving the
appointment to the plantation board.
On the 22d October he made his first speech to
the Assembly, and to win the Delanceys, who detest
ed him, he applauded the superior talents of his
predecessor, and to recommend himself to General
Amherst, passed encomiums upon the conquest bf

286 Smiths Continmtion ofthe [Chap. VIL
Canada. He then demanded a support, and assured
them of bis concurrence in every measure conducive
to the prosperity of the Colony, without even taking
the ordinary condition of its consistency with his
duty to the crown,
Mr, William Livingston penned the address offer
ed in these triumphant moments of joy, and made
the congratulatory echo louder than the first sound.
Alluding to the reduction of Canada, the House, to
pre-engage the retention pf it at the peace, speaks
of that event as replete with innumerable advantages
to the nation in general, and exults in our deliverance
"frpra the devastation of a cruel and barbarous
eneray ; rather bent on the destruction of mankind,
than waging war either for their own defence, or even
from rriotives of ambition or conquest." Again, " no
consideration (say they) shall induce us to regret
the blood and treasure expended in facilitating this
inestimable acquisition, save only (to which we are
confident the wisdom and honor of the nation will
ever disdain to submit) the surrender of, this most
impprtant conquest, which, in possession of the crown,
must prove to Britain the source of iraraense riches;
a,nd ifretainedbyso perfidious a people, would expose
us to the keen revenge of a defeated enemy,\A'ho, unre
claimed by our example, and by our clemency un-
softened, would doubtless relapse into their native
barbarity, and retaliate our levity with more signal
acts of inhumanity and bloodshed."
The session was protracted with great concord to
the 8th of November,, when Mr. Colden assented to
nineteen bills, without the least objection to that for
an annual support, or the , prolongation of the cur
rency paper bills ; verifying an old remark, that the
confidants of governors often adA'ise raeasures which,
when themselves are responsible, they will notpursue^
By one of the acts he took a salary .of 1800/. a
year, with the ancient douceur of 400/. jfor a garrison,
consisting only of his own family.
, There was nevertheless some inquietude without,
doors. The merchants were chagrined at the inter-

1761.] History of Neiv-York. 287
diction of their comraerce with the French and
Spaniards of Monte Christi ; when, by the superior
ity of the naval strength of the nation, and the suc
cess of our privateers, the enemy were no longer
able to navigate the West India seas. We drove a
very lucrative trade with Hispaniola und'er letters of
safe conduct, and afterwards without thera at the
post above raentioned. Nearly the whole produce
of that valuable island came to the British Colonies
in exchange for provisions and the raanufactures of
the northern country, and passed to Europe in Eng
lish bottoms. Both the British and American mer
chants had grown opulent by this comraerce in spite
of all the calaraities ofthe war, and the latter felt the
check now given to their gains by orders issued at
Mr. Secretary Pitt's instance, excited, as fame report
ed, by General Amherst with' the utraost impatience.
Mr. Colden nevertheless enjoyed a perfect calm.
The eneraies he had formerly made were not recov
ered from the terror inspired by the death of the
Lieutenant Governor, and having with their popu
larity lost tbeir power, they felt no inclination to re
new their hostilities; nor were they yet without
hopes from the tiraidity of his advanced age and the
address of Mr.' Watts, that he would voluntarily con
sent to be led. In a word, the weakness of both
pkrties left him undisturbed, while the nuraber of the
candidates fOr the vacant seat upon the bench pro
duced condescensions friendly to his ease, and flat
tering to his pride.
But this appearance of power having nothing to
support it, lasted but a raoraent. Mr. OWver Delan
cey having a seat in Council, and the Lieutenant Gov
ernor's son James aiming at a place in the Assembly,
and Mr. Jones the former Speaker being restless for
his old chair, Mr. Colden took fright on the news of
the death of the king, and unwilhngly listened to
the doctrine that the demise had wrought a dissolu
tion ofthe Assembly. After some hesitation he issu
ed the new writs,returnable on the 3d of March 1761 .

288 Smiths Continuation of the [Chap. VII.
Though there was a change but of seven members,
the return of Messrs. Jones and Cornel for Queen's
County being set aside, yet from their fortunes, the
Livingston party now added greatly to their strength.
The speech (on the 10th, to which they had been
prorogued by an irregular proclamation) laments the
death of the king, applauds the virtues oi his suc
cessor, and leaves it to the House to think of domes
tic provisions, till the instructions then expected
enabled hira to state the requisitions for the ensuing
year. The Assembly gave assurances of aid when want
ed, concurred in a loyal address to the new king, and
adjourned to the 24th of that month; when having
received Mr. Pitt's letter, the president demanded
an aid of men equal to two-thirds of our levies on the
last campaign. They voted seventeen hundred and
eighty-seven raen, and fifty-two thousand pounds to
defray the expense ofthe pay and clothing, of which
the whole, except the sura of seven thousand pounds,
was money given out of the parliamentary reimburse
ments for former exertions. The act for this purpose
was passed on the 4th of April, and the House were
disraissed to the 4th of May. Then there was a short
session for a fortnight,in whieh Mr. Colden put a ne
gative: upon two bills, to reraove doubts arising re
specting the transactions between the death of the
late king and our notice of it here, and to corappl to
the appointraent of the judges for the supreme Court
in future on the tenure of good beh^^vior. The first
was fraraed on the supposition that the laws enacted
in autumn, by one of which he had his support and
the proceedings ofthe suprerae court wanted con
firmation, and the last was prompted by the general
Avishof the people, that the judges might be render
ed independent of the crown, and the vacancy in the
chief seat be no longer left open to the danger of a
succession in favor of such raean rainisterial hirelings
as had been sent to New-Jersey. Mr. Colden was
inflexibly set against both. He had indeed offered
the chief justice's place to the a'uthor's father imme-

1761 .J History of New- York. 289
diatoly upon the death of Mr. Delancey, upon the
tenure of the king's bill, informing him at the same
time as a secret, that he should not make that pro-
po;saI to either^ of the puisne judges ; but after Mr.
Smith refused^ he took up the resolution to leave it
open to the minister of the day, and to hold all the
rest of the judges on the renewal of their commis
sions in a dependence upon the crown. He could
not have pursued a measure more universally dis-
gustfiil, nor have given a better handle to the disap
pointed expectants of the vacancy, or the numerous
friends ofthe present judges who, with great reason,
complairied of his zeal to (enforce an old instruction,
which Mr. Clinton broke when he appointed Mr.
Chambers to succeed Mr. Phillipse, arid which Mr.
Delancey had disregarded without censure when he
constituted ^r. Jones to be the fourth judge on the-
bench.* While the bill relating to the judge's commission
Avas depending, there vvas a meeting of both Houses,
on intimation that he would give his assent, and
to obviate if possible the objections he had urged in
justification of the conduct he meant to pursue.
Some were in favour of increasing the allowance be
yond the present mean stipends of 300/. to the chief
justice ; 200/. to the second judge; 150/. to the third,
and 100/. to the fourth, and the constituting a perma-^
nent fund for their annual discharge. But others,
disinclined to the augmentations, predicted that the
vacancies Avould in future be filled up by mean and
ministerial dependants, and the bill by their division
of sentiment was sent up, subject to the full force of
Mr. Colden's exception.
There Avere otkers who thought a fine opportunity
Avas then lost for gaining an independent unbiassed
bench, gmd these contradictions gave rise to mutual

* I have seen Mr. Clintmi's apology to the Duke of Newcastle, and the
Earl of Holderness's answer, declaring the king's approbation pfthe com
mission to Mr, Chambers on the same tenure with Mr, Delancey, and that
toMf. Phillipse tbe predecessor of Mr, Chambers,

290 Smiths Continuation ofthe [Chap. VIL
reproaches, with which Mr. Colden was not a little
diverted ; and a confidant of his said, " Neither party
had any thing to boast of, because he had predeter
mined to object to their augmentations as inadequate
to the dignity of the officers, and thus elude their
importunity, even if both Houses had concurred in
doubling the salaries.
The judges at first appeareid to differ from the
opinion of the bar as to the effect of the late demise
of the crown upon their coramissions. But their
fears rising on the approach of the term, they applied
in form for a renewal of them on the old tenure.
Their request was instantly refused by Mr. Colden,
who advised them to sit upon their old commissions,
and the royal proclamation dated at Saville Hoiise.
Upon raentioning their doubts, whether that procla
mation was issued under the great seal, he let out
his own secret. " Yours (says he) are as good as
mine, and you'll stand on the same foundation."
They replied very pertinently, "You may run risks and
be justified by necessity; you can remove our doubts
without incurring blame, and it will be expected that
you do all the good in your power." The judges sat
to prevent a discontinuance bf process, and in hourly
expectation of being relieved by the arrival of Mr.
Pratt, a Boston lawyer, who had obtained a manda
mus for the seat of Chief Justice by the interest of
Mr. Pownall, to vvhora he had been useful when Gov
ernor ofthe Massachusetts Bay.
But if he lost favor on one side of the water, he
increased it by stratagem on the other : the king
proraoted hira to the rank of Lieutenant Governor.
Under a dread of the claraors of the multitude, he
wrote to his superiors, declaring his apprehensions
that he should be corapelled to give way to the
proposition, and thus lay the foundation for a positive
command against any future compliances. His let
ters became the subject of a report frora the Board
of Trade to the king on that question, in which their
Lordships observe ;

2761.] History of New-York. 291
That the people of NcAV-York could not plead the
exaraple of the mother country, because, say they,
the change which the tenure of the judges' commis
sions underwent at the revolution in this kingdom,
was founded upon the most conclusive and repeated
proofs of arbitrary and illegal interposition under
the influence of the crovvn, upon points of the great
est importance to the constitution, and the libertyand
rights of the subject. It was not however by the
tenure of their commissions alone that they were
rendered independent, but such salaries were settled
on them as not only rendered thera less hable to be
corrupted, but was an encouragement for the ablest,
men in that profession, Avhich qualified thera for such
high trusts.
" The same circumstance does in no degree exist in
the American Colonies, whereas, there is no certain
established allowance that. may. encourage riien of
learning and ability to undertake such offices; your
Majesty's Governors are frequently obliged to ap
point such as offer araong the inhabitants, howcA^er
unqualified to sustain the character; and though a
more fit person should afterwards be found, yet if the
coraraission was during good behavior, such un
qualified person could not be displaced.^'' They add,
" We are sorry to say that late years have produc-,
ed but too many examples of goverriors having been
obliged, for Avant of such establishment as might
induce able persons to offer their services, to confer
the office on those who have accepted it merely wiih
a view to make it subservient to their own private
interests, and who, added to their ignorance ofthe
laAV, have too frequently become the partisans of a
factious Assembly, upon whora they had been de
pendants, for their support, arid who have withheld
or enlarged that support according as the conduct of
the judges was raore or less favorable to their inter
ests. It is difficult to conceive a state of govern
ment raore dangerous to the rights and liberties of
the subject; but aggravated as the evil would be by

>*.*•*
WI/-1*

Smiths Continuation ofthe [Chap. Vll

making the judges' commissions during good be
havior, without rendering them at the same time
independent of the factious will and caprice of an
Assembly, we cannot but consider the proposition as
subversive of all true pohcy, destructive to the in
terests of your Majesty's subjects, and tending to
lessen that just dependence which the colonies ought
to have upon the mother country."
Their Lordships take notice of a report of the
Attorney and Sohcitor General on a similar law in
Jamaica, and of their own board on another passed
in Pennsylvania, quote Mr, Colden's letters as con
sonant with their sentiments, declare, if he has yield
ed his consent, h6 deserves the royal displeasure, and
advise a general instruction prohibiting in all the
royal provinces, commissions during good behavior.
But the Lieutenant Governor's letters were secrets
when the Assembly met hira again on the 2d Sep
tember, and gratified his requisition for a continu
ance of pay with provisions to one hundred and
seventy-three men for the defence of Orange and
Ulster against the incursions of the savages, or he
would have had more serious proofs of their disgust,
already excited by the rejection of the late fiivorite
bills, which were both immediately renewed^ and in
a few days after sent up to the Council. He had nev
ertheless some intimations of their discontent by a
bill on Mr. Cruger's motion to interdict stage playing,
by a set of strolling comedians whom he had permit
ted to set up a theatre, and by his expression of confi
dence in the abilities and patriotism of General
Monckton, who was then in hourly expectation ofthe
arrival of his elevation to the chief coramand of the
Colony. It has been already observed that Mr. Jones,
though a judge of the suprerae court, had appeared
as a candidate with Mr. Comel for a seat in the As
sembly. They both lost their aims. The sheriff's
first return was set aside for irreguljirity, and at a new
election tbe second was controverted on a scrutiny

3761 .] History of New- York. 293
Avhich left a majority against Mr. Jones.* The elec
tions of Mr. Holland for the county of Richmond, and
Mr. Schermerhorn for the town of Schenectady, were
also disputed before the House ; and it may be of
use to state sorae of the points resolved by the As
sembly in the exercise oftheir judicial authority,
respecting the qualification of their own members.
1. That the names of voting electors not returned
on the poll lists, shall be received and counted.
2. That the possession of the remainder, gained
on the death of a tenant for life but twenty-two days
before the test ofthe writ of suraraons, though the es
tate might have been devised thirty years before,
gives a right to vote.
3. That the acquisition of a freehold within three
months before the test, suffices, if it was not fraudu
lently obtained.
4. That an actual possession within three months
is not necessary; and,
5. That a man deaf and dumb from! his nativity
has no vote.
Shortly before the term of October, and when Mr.
Pratt was not yet arrived, Mr. Colden, pushed by the
dread of the discontinuance of all process, and the
clamors it would naturally excite, resolved to bring
the judges to the test; declaring in Council that unless
they would take new commissions during pleasure,
he would find others for their places. To the sur
prise of the board and of the whole colony, two of
them consented, but only ^ro hac vice, to save the
term in the absence of Mr. Pratt. But Mr. Jones,
who resided in the country, learning by tbe way that
this humility was imputed to meanness, turned back
and absented himself the whole term, giving out that
he would not accept a commission upon so base and
precarious a tenure. No distress could exceed Mr.
Chambers's the instant he discovered the public dis
approbation of his cdnduct, and that his ncAv commis-
* But this decision was suspended till tbe close of tbe year, wben Mr.
Zebulon Seaman and Mr, Cornel took their seats as the members for
Queen's County pursuant to the election in April preceding.

294 Smiths Continuation ofthe [Chap. VIL,
sion was thought to leave hira as rauch embarrassed
as before ; Mr. Colden's authority to give the last
under Sir Charles Hardy's commission being consid
ered as invalid from the end of six months after the
king's death. Mr. Chief Justice Morris stated this
exception to him in term time, and it filled him with
such terror that he implored the Attorney-General to
bring no criminal cause before thera, and to reject
motions in form for that purpose. The term was no
sooner ended, than Mr. Pratt arrived. Mr. Charabers
then offered his first coraraission to Mr. Monckton,
who at that tirae declined any agency in the civil de
partment. When Mr. Colden and his Asserably parted on the
llth September, he had no influence upon either of
the great parties into Avhich the colony was divided.
The eyes of all raen Avere turned to General Monck
ton, for it was riot certainly known that he was destin
ed to the coraraand of the troops which had been
several months collected on Staten Island on a secret
expedition to the West Indies.
He resided chiefly at that camp, where, agreeably
to Mr. Secretary Pitt's letter, he performed the cere
monies for investing Mr. Amherst with the insigriia
of the Knight of the Bath, until the arrival of his
comraission in the Alcide ship' of war on the 19th of
October. Colden soon learnt what Mr. Monckton was at a loss
to discover, that it was not accompanied as usual
with a book of instruptions, and it had been hinted
by the Lieutenant Governor- to a third persori, that
he thought the want of it an objection to the Gene
ral's entering upon the coraraand. Of this, Mr. Monk-
ton was not apprised till just before the day appoint
ed for its publication, and after Mr. Colden's orders
Avere out for arraying the militia as usual on such
occasions, it becarae hira to exaraine into the weight
of this exception so unseasonably started, and which
he apprehended the Lieutenant Governor would use
every arguraent to induce the Council to listen to
and approve, whenhe offered himself fpr the oaths.

1761.] History of New-York. 295
The author was consulted the preceding evening
by Mr. Boone, (who had presided as Governor in
Jersey, a place which he now left to Josiah Hardy,
Esq. a brother to Sir Charles, being himself pro
moted to South Carolina,) and delivered bis opi
nion in writing, which was in substance, that the
comraission conveyed the authority and the law
gave the rule according to' which it was to be exer
cised ; that the Council, having been appointed by
the privy signet and sign raanual ofthe late king,
and continued in office by his present Majesty's
proclamation, wanted no new appointraent to enable
thera to administer the oaths ; and that therefore the
government under General Monckton could be or
ganised without any book of instructions.
When Mr. Monckton had produced his commis
sion to the Council on the 26th October, and it was
read, the Lieutenant Governor asked for the instruc
tions to enable the board to proceed. The other
replied that he had norie, and hoped never to have
any, that he might be at liberty to copy after the
example of his royaf master. , Not a member of the
board stood by the Lieutenant Governor, and the
oaths being administered, there was a procession
and a republication of it as usual at the town hall.
The railitia being drawn up, and an iraraense multi
tude expressing their joy in loud and repeated accla
mations. Mr. Colden's opinion, which soon took air, had no
influence on the people. Addresses and eongratula-
tionsAvere presented frora all pubhc bodies, without
narairig the Lieutenant Governor. It being then full
term, he had one from the judges and the bar, and
another from the grand jury, which it seems gave no
small offence to Mr. Colden, merely for hinting that
the public security was enhanced by the high birth
and opulence of the new governor.
It would be unfair not to add that the profession of
the law gave this Governor a public entertainment,
in return for a very genteel one at his expense to all
the gentlemen of the capital, and still more so to

296 Smiths Continuation of the [Chap. VII.
conceal some private anecdotes. Anecdotes rela
tive to Mr. Monckton's request for securing the moie
ty of the salary and perquisites of the government
that might accrue on the expedition to Martinique,
which he was appointed to command.
It was Governor Boone who in his name requested
the author to frame some instrument for the pur
pose. He informed him that the general had resolv
ed to give his own share to Mr. Colden, but altered
his mind, after his project for exposing him to the
scoff of the public, by excepting to the publication
of his commission. That he had already written to
him, asserting his claira to a moiety, adding^ that he
should not sail before it was secured ; that he had
received no other than a general promise to comply
with the king's instructions whenever they arrived.
That Mr. Monckton was resolved to waste no time
in a captious correspondence, and had noAv resolved
to offer him a draft, and if he refused to execute it
without reasons, to suspend him without ceremony.
The author devised a bond for the payment of
a moiety of the salary, perquisites, and emoluments,
and to account upon oath if required, and sent the
instruraents with blanks for the surety and penalty.
Two days after (1 3th November) General Monckton
desired to know why the oath was proposed ; to
which it was answered, that himself taking the chan
cellor's chair on his return, he would lose the benefit
of that court to compel a discovery, if that should
be necessary, and that the bond to account upon oath
was expedient to prevent his losing the equitable
relief which every other subject enjoyed by the laws
of this country.
The general shovved the author an instrument
in the hand writing of Mr. Banyer, the deputy se
cretary which Mr. Colden had proppsed for his secu
rity. It was an indenture consisting of covenants,
reciting that, pursuant to the royal instructions to
forraer Governors, a moiety of salary, fees, and per
quisites, were payable to the Lieutenant Governor
in the absence of the Governor in chief, and agreC'^

17fiL] History of New-York. 297
ing that such share siiould be paid to Mr. Colden
and the other half be received byMr. Banyer for the
use of General Monckton, unless otherwise applied
by bis Majesty's instructions, " hereafter to be re
ceived." I then sent him a tripartate indenture between
the two G oyernors and the secretary . It recited that
by former instructions the Lieutenant Governor was
to receivo a moiety of the salary, perquisites, and
emoduments, (these being the terms in the 99th arti
cle to Sir Charles Hardy) that Mr, Monckton was
about to leave the province, that he had no instruc
tion, but expected one of that import, and that the
government might fall on Mr. Colden. Then they
Avere both made to covenant, that all profits should
pass into Mr. Banyer's haridsj to be equally divided
if such instruction came, and if not, the whole to Mr.
Monckton. Covenants followed for Mr. Banyer to
receive and obtain all these profits, and to render
accounts upon oath when required by either of the
Governors, and to pay them their respective shares.
And with this indenture I proposed a bond from
Mr. Banyer and his surety to Mr. Monckton, for the
perforraance of the covenants.
Mr. Monckton embarked on the 1 5th of Novem-
ber,Tbut before he took leave expressed himself to
this efiect. " After much shuffling, the matter is set
tled. Colden objected to the covenants as putting
Jiim in the poAver of his servant, and exposing him to
the world. I then sent him the bond^ requiring his
execution of it Avithout any further trouble. -Banyer
<;ame from him with an objection to his being uiado
liable during my commission and absence. I was
about to throw all the papers into the fire, but Watts
then cwith me, prevented me. 1 ordered Banyer to
bring me an abstract of all the patents for lands and
commissions for offices since the death of Delancey.
He declared he had no doubt Mr. Colden aaouM
sign, if I would not permit any alteration. Colden's
reason is, and so he told me, that he-hoped to procure
an instruction for the Avhole profits '\i\ my absence
38

298 Smiths Continuation of the [Chap. VIL
Watts interposing, Banyer took back the bond, ask
ing whether, if the Lieutenant Governor executed it,
he should bring the abstracts. 1 replied, you Avill
obey your orders, and bring back the draft of the bond
that I raay compare it with the copy that it raay be
executed." On the 14th of Noveraber the fleet, consisting of
one hundred sail, left the Hook for Martinique under
convoy of the Alcide of sixty-four guns, and the
Devonshire of seventy -four guns, two of fifty and one
of forty guns ; and thus the governraent devolved
again on Mr. Colden, who five days afterwards open
ed a new session, with a passion, first raised by the
two law bills above mentioned, and wound to an
excess of indiscriminate rage at the whole profession,
bench and bar.
The objects to which he pointed Avere three — The
slow proceedings of the Courts, tippling-houses, and
the annual support, but upon the first he dwelt most.
"Complaints (says be) of the dilatory proceed
ings of the courts of laAV, and of the heavy expense
in obtaining justice, are so general and frequent, that
they well deserve your attention. Therefore 1 re
comraend to you to inquire into the grounds of these
complaints, and if found just, to apply a remedy ade
quate to so great an evil. Without doubt it is the
duty and in the power of the legislature to give
relief in every public grievance. The delay of jus
tice is a denial of it for a time, and is often, when
attended with great expense, of more consequence
to individuals than the obstinate refusal of it. The
security of government and the well-being of so
ciety, are founded on the equal distribution of jus
tice, which cannot prevail in its proper exterit, while
the expense of obtaining it is insupportable to
many." The address demonstrated that the House was
neither disposed to be very obsequious to his humor,
nor ignorant of the true motives of the speech. •
They intended to have puzzled hira by a call for
the proofs; but this he obviated in his ansAver to the

1761.] History of New- York. 299
address of the council, by quoting the 32nd in
struction to Sir Charles Hardy, recommending speed
in the administration of justice, which being as old
as the revplution, and known to be common to all the
provinces under the iraraediate government of the
crown, gave rise to some ridicule. The Assembly
therefore resolved not to teaze him at the expense of
their own dignity, and contented themselves with ob
serving that they > would not permit the colpny to
suffer by Mr. Monckton's absence, but that its inter
ests would be advanced by his concurrence in seve
ral bills preparing for the defence and security of
the liberties and properties of the subject. They
agree in the expediency of dispensing justice with
despatch ; but that he might feel the sting of the com
mon censure upon the high fees taken for patents, in
which he was doubly interested as Governor and
joint surveyor-general with his son, they add* —
"As the coraplaints your honor mentions probably
arise frora the want of a legalt establishment of fees,
we cannot help thinking a general establishraent of
the fees of all the oncers of the government will put a
stop to these, as well as to several other complaints
of the hke nature." At the close, they promise " all
attention to the internal welfare of the colony ;, with
confidence that nothing tending to that end can be
thought by any who haA'e the honor of Serving his
Majesty, inconsistent with their duty."
The answer shows a spirit ready for a battle, and
was supposed to have been penned by Mr. Pratt —
" You may assure yourselves of my concurrence in
every thing for the benefit of the country, of Avhich
each of the branches of the legislature have an equal
right to judge. Methods riiay be proposed, hoAvever,

* The Governor took £l2'10s. for every thousand acres, and the survey-
oi-o-eoeral five pound more per thousand.
\ All fees had for a long time been regulated by ordinances ofthe Gov
ernor and Council, every one of which had expired. Many attempts
had been made to estabhsh fees by a law, but lost by the parsimony pf the
Assemblv. The act in Mr. Van Dam's time was repealed by the king.

300 Smiths Continuation of the [Chap. VII.
for obtaining a real benefit inconsistent with the
Enghsh constitutiori, or, under the pretence of a
benefit, a sraall dependent State raay atterapt to set
bounds to, and restrain the rights and prerogatives of
the king of Great Britain. In these Cases, though
the benefit be real, the method proposed for procur'=
ing it, may be inconsistent with the duty of every offi
cer Avho has the honor tO serve the crown, especially
if the same benefit may be more effectually obtained
by the methods to which no exceptions lie."
It was easy to discover that the LieUtenant Gov
ernor foresaw the renewal of the old bill for confirm
ing the acts and judicial proceedings of thelast fall,
and that which was still more obnoxious to hira re
specting the tenure of the judges' Commissions.
While these were on the anvil, he sent a message,
insisting on an allowance to Mr. Pratt, beyond Avhat
had been usual ever since tbC establishment of the
salary of a Chief Justice in 1715. The Assembly,
nevertheless, resolved, " As the salaries usually al-
loAved for the judges had been, arid still appear to
be sufficient to engage gentlemen of the first figure,
both as to capacity and fortune in the colony to ac
cept of these offices, it would be highly improper to
augment the salary of the Chief Justice on this oc-
casiori." While the bill respecting the tenure of these com
missions lay with the Council, the lower house with
held that for the support. Both branches had the
same object in vieVv; but the upper house Avere
apprehensive that if they passed the former, Colden
would make it a pretext for justifying his appoint-
inent of Mr. Pratt upon the new tenure, and leave
the other judges in their present condition. The
next device therefore was to tack a condition to the
salaries, as the support bill, rendering them payable
only on their holding by the safe tenure above men
tioned — they proceeded upon a presumption that
he would on that account reject the bill, though it
gave £2200 to himself They were most egregiously
mistaken ; for on waiting only for the receipts of a

1761.] History of New- York. 30 i
joint address to the King on his nuptials, he visited
the Council, and meanly implored their assent to that
bill, and to screen them frora blame, consented to an
entry, that they concurred at his instance. The
Assembly now in their turn became humble suppli
cants to the Council, that the other bill might not
pass that House, lest the Lieutenant Governor
should gain a coraplete victory ; and from the com
mon antipathy to Mr. Pratt, they obtained this boon,
and thus all parties were disgusted. The bill to
settle scruples occasioned by the demise of the
crown, sunk also, as connected with that respecting
the coramissions, and after this third defeat, they
were heard of no more.
At the passing of the acts on the 31st of December,
the session would have ended, and the partition bill
Avould have been lost, if it had not been suggested
to the Lieutenant Governor the propriety of sorae
apology for not assenting to that necessary law. It
was a fortunate thought, for he hastily declared
that if the House would adjourn for four days, and
free that bill frora sorae objections, it should have
his consent. The author's father, who knew its ira
portance, procured a note of the articles excepted
to, and endeavored to obviate his objections by such
alterations, though not injurious to the raain scope of
the bill. These were produced to the Council at a
meeting on the 3d of January, the day before that to
Avhich the House was adjourned, and sent to the
Lieutenant Governor for his perusal. To some he
yielded, in others they made concessions to please
him. Both Houses came together Avhen the altercations
with the Governor were carried on for four days,
and with reluctance at last he consented to a new
engrossment, and having passed the act, he pro
rogued the Assembly.
The projector of that part of this law respecting
the partition of lands, behig called to watch the
Lieutenant Governor's various exceptions to it, was
a witness to the singular irregularities above related,

302 Smiths Continuation of the [Chap. VIL
though no notice is taken of them in the journals of
the House, for, according to their form, there should
have been a prorogation, and a new bill with three
readings in each House.
If the Lieutenant Governor had been gratified,
there would have been no balloting for the lots
till all objections to the proceedings had been heard
and deterrained by the suprerae court, nor any out
lines run to ascertain the tract without the surveyor-
general's approbation. The Council and Asserably
Avould agree to neither of these alterations. The
first exposed to tedious delay and enormous expense,
and the last subjected the proprietors of undivided
lands to the arbitrary caprice of an officer, and open
ed a door to corruption. The contrariety of senti
ments upon this point gave rise to the double lines
for the contents of the tract, and the distinction
between the parts disputed and indisputed, more
particularly mentioned in that useful act, which has
greatly contributed to the cultivation and settlement
of the colony, and enhances the estates of thousands
who before estimated them as of little or no value. .
It has been already observed, that the Lieutenant
Governor assented to it unwillingly. It is upon the
inforraation of a member who having, after much
conversation on that subject with but little hope of
success, dropped these words at parting : " And is
there then nothing. Sir, which you are willing to do
for the country .f"' Struck with this spirited reproof,
he replied, " Well, copy your bill as it is altered, and
I'll come up and pass it."*
' The judges being all unprovided for, Mr. Pratt,
whose narroAV circumstances made iraraediate sup
plies necessary, despaired of all relief, unless his
patron could procure it by dint of interest at horae
out of the quit-rent fund, and waited only the raend
ing of the roads to return to his native country.

* Robert R. Livingston was the chief raanager in the irregular messa
ges relating to these amendments.

1762.] History of New-York. 303
He suffered from Mr. Colden's patronage, and no
thing so much contributed to the general odium
against the Chief Justice and his patron, as Mr. Har
dy's adventurous generosity in Jersey, who by his
renewing the judge's comraissions during good be
havior, taught this colpny to beheve that it was
choice and sorae sinister raotive, and not a dread of
adrainistration that prompted Mr. Colden to stickle
for a dispensation of justice under the control of the
crown. It was therefore with a malignant pleasure that the
public soon after the session discovered Mr. Colden's
late promotion to the rank of Lieutenant Governor
was not the reward of merit, but the effort of low
craft and condescension.
To gain an interest with Mr. John Pownall, a clerk
to the Board of Trade, who had the ear of the Earl
of Halifax, and to raise the idea of his being able
to influence the Assembly, he offered him the agency
of the colony ; a bait to which the rainister could
not be indifferent.
PoAvnall's good sense and experience taught hira
to believe that a donation so imprudently liberal
would soon be recalled, and sagaciously declining it,
proposed that the representation of the Assembly
should rather be trusted to his friend Mr. Burke.
He requested this of Mr. Colden, who soon ^^'^^'^
received the reward of his art in the comraission to
be Lieutenant Governor. It now required sorae ad
dress to conceal from Pownall that want of influence,
without Avhich his friend could not succeed.
Having attained his own end, he intimated, that
there would be difficulties to bring in a person so
little known lo the prejudice of Mr. Charles, on
AA'^hose account some were moved with compassion.
Pownall saw hiraself entrapped, and that he had
not only raissed his aira, but was exposed to the
resentraent of the old agent.
Witb professions that he meant not to interfere to
his prejudice, he revealed to Mr. Charles all that
had passed, and gave him copies ofthe letters which

304 Smiths Continuation of the [Chap. VII.
Avere now transmitted to the committee of Assembly,
who had for sorae time managed the correspondence
with the agent on so serious a subject. The reader
ought to see the proofs, which 1 insert with the an
swer from the committee.*

* CHARLES TO THE COMMITTEE.
Golden Square, London, 19fA J^ovember, 1761,
It may not be improper in me to acquaint the General Assembly that Mr.
Pownall having desired an interview with me to communicate some letters
that had passed between him and Mr. Colden, did inform me on the 12th
inst. that the Lieutenant Governor had some time before signified to bim,
that the agency of the colony would become vacant, and had made an p&r
of it to him, which he said he bad refused as incompatible with his pre
sent station, but that he had thereupon recommended a Mr. Burke for the
employment. He then went on to tell me how much he was surprised to
find by a late letter from Mr. Colden, that this was to be effected to my
prejudice, which he said he never meant, and was far from wishing ; for
that he bad no otherwise recommended Mr. Burke than upon the sugges
tions of Mr, Colden, that there «rauld be a vacancy, and tlien read (Oime
tbe Lieutenant Governor's letter ofthe 12th of August, and afterwards
sent me copies from which the enclosed ones are faithfully transcribed, I
suppress my own reflections on this matter, and will only take leave to
assure the House, &c.

COLDEN TO POWNALL.
J\revo-York, AugMst IZth, 176,6.
Sir, When I wrote to you on the 16lh May, I had not so far recovered frora
a dangerous illness that seized me in April, as to be ab}e: to, converse freely
with the members of Assembly in their last session, as I proposed, to have
done in relation to the agency for Mr, Burke. Since that time the Speak
er and principal members have been in the country. I have called the
Aswtably to meet tbe first of next month. At that tirae I shall use my
uimost. endeavor to serve Mr, Burke, for I have it sincerely at -heart,
whether I continue in the administration or not. The principal objection
is that he is not known to any person jn this place, wbieh.I can no pther
wise remove than by your recommendation of him, which I hope will
have great weight. Some likewise are moved with compassion for Mr.
Charles who they imagine will be under difficulties if the agency be taken
from bim.
On the 17th July I received the honor of hi& Majesty's commission,
appointing me Lieutenant Governor. I think myself extremely obliged
to your brother and to you on tbis occasion, as I make no doubt but bis
and your good offices with my Lord Halifax have contributed, much to it.
General ¦ Monckton's commission to be Governor in chief of this pro
vince is expected with Governor Hardy, who I am told was to set out in
the beginning of July last. It is probable, therefore, that the duration of

1762.] History of New-York. 305
The royal requisitions for the operations in the
West Indies brought Mr. Colden and his Assembly
together again in March.

my administration will be very short. This, however, does not lessen the
obligation I am under to my friends. My appointment does me great
honor as a mark at least of his Majesty's approbation, and of my Lord
Halifax's favor. In whatever situation I may be, it will give "me the highest
pleasure to serve you in any shape, and I beg of you to lay your commands
u'pon me, which I shall esteem as an honor to your most obedient servant,
CAD WALL ADER COLDEN.

POWNALL TO COLDEN.
London, February 9th, 1761.
Sir, When I took the liberty to request your interest in favor of Mr. Burke
to be agent for New- York, I asked tt only incase of a vacancy, which you
in your letter to me supposed would happen ; but it was very far from my
intention to request any favor for him to the prejudice of Mr. Charles the
present agent, whora I really believe to be much better qualified to serve
the province in that character than any other man, and therefore for his
sake as well as for the public, I shall be extremely sorry if any misappre-,
hension of my request to you should be of disservice to him.
I am. Sir, &c.
JOHN POWNALL.

THE COMMITTEE TO CHAKLES— Extract.-
Mr, Colden has never recommended to the House or to any of its mem
bers that we know of, either Mr, Pownall or Mr. Burke, He has indeed
proposed to a few members the appointment of another agent, and desired
that the House would join him io appointing a new one. This when men
tioned, was laughed at, and treated with the contempt it merited. The ¦
General Assembly will not suffer any Governor to nominate or recommerd
an agent for them, and it was great presumption in Mr. Colden to mention ^
any thing on that head. We are very certain that Mr. Colden, when he
offereJ the agency to Mr. Pownall, must have known that it was not in
his 'power to get any person appointed by bis influence or recommendation.
The motives that moved him therefore to make that ofler, could only be
to get Mr, Pownall's interest with Lord Halifax to procure a Lieutenant
Governor's commission. This is evident from his letter of the 12th of
August, of which you sent us a copy. It thereby appears that he had re
ceived the commission, and that he was contriving excuses immediately
to get quit of his promise. Mr, Colden has probably taken great merit
to hiraself with his Majesty's ministers in regard to the forwardness and
zeal shown by the General Assembly for his Majesty's service in raising
forces &c. If he has, it is unjust ; for we can with truth affirm, that it
was not on account of any interest or influence he had with the Assembly,
or the people of this colony, that they have come into the measures pro
posed by his Majesty's ministers, but their zeal for the public service only.

306 Smiths Continuation of the [Chap. Vll.
Though the aid demanded was nearly equal to
their contributions before the conquest of Canada,
their contempt of the Lieutenant Governor extreme,
and though the public debt exceeded £300,000, and
we were annually assessed a £40,000 tax to discharge
it, yet the Asserably did not hesitate in proraising to
go beyond what might justly be expected, rather
than suffer the least shadow of an imputation to be
laid on their zeal for the king's service.
It was however a question of great moment wheth
er they ought to set the precedent of levying 479
men as required, to complete the king's regular re
giments; and to prevent it, they gave their aid in
the forra of a loan, " to be repaid when his Majesty
in parliament shall think proper." After a few days
the aid for this purpose and another to levy, pay and
clothe 1787 men on the continent, with a few others
of smaller raoraent were passed, and the House was
adjourned to the 13th of April.
But for Mr. Robert R. Livingston, who devised this
expedient of a loan, the credit of that contribution
would have been lost, for the House were extremely
jealous of raising money to recruit soldiers for the
standing army of the nation, especially as forts re
quiring large garrisons were constructing in the inte
rior country, and apprehended to be now unnecessa
ry, unless the minister's design was to curb the
colonies, and artfully to bring us to bear a part ofthe
expense. They yielded with reluctance out of re
gard to the exigency of the day, the mother country
being drained for the German suppHes, and because
they were not only desirous to give success to a con
quest of Louisiana and the Mississippi settlements,
but to prevent suspicions inauspicious to their wish
that Canada at the end of the war might be retained
by Great Britain. These considerations led them to
an entry oftheir vote as unanimously carried, though
many were at heart opposed to it. Mr. Lii'ingston
observed to thera, that if the raoney was unpaid, no
raore could be asked, and if returned, it would be
confessed to be a loan ; and in aid of his design, it

1762.] History of New-York. 307
was suggested at a meeting of the Speaker and seve
ral other members, that it would be proper to recite
in the prearable of the bill, their views of the neces
sity of this unusual contribution for our own immedi
ate safety.
The adrainistration of public justice now called
loudly for raore than ordinary attention. Mr. Cham
bers had raade a soleran resignation of his place in
November, and just before January term, Mr. Hors
manden had sent his commission enclosed in a letter,
which (as Mr. Colden was in distress by the last ill
ness of his lady) he authorized Mr. Banyer to deliver
when most consistent with decorum. Mr. Jones had
never yet taken up the commission issued pro hac
viee, and left for hira on the court table. Mr. Pratt
was therefore alone in January term, and receiving
nothing, declared his intention to leave the province
for Boston.
With an apprehension of a total discontinuance
of all process in the term of April, Colden on the
24th of March, deraanded a categorical answer frora
Horsmanden in full council, to the question, whether
he would serve or not. He replied, his comraission
was already resigned, and that he would never sit
under it.* The Governor asked, whether he would
accept a new one during pleasure ; adding, that if he
refused, the public distress should be represented to
the king's ministers. The other desired tirae to con
sider, and two hours after consented to take the place
of second jiiBtice, with a declaration that no services
were to be expected from hira on the annual river
circuit. A letter was the same day sent to Jones for
his final resolution, and he too submitted to resign the
credit he had acquired by the contempt he had put
upon the pro hac viee coraraission as before related, and
again when being irapatient of a total degradation
on the decision of the Asserably ,t giving the seat he

* December 9th 1761.
f Mr. Banyer ofiiBred the letter enclosing it, hut the Lieutenant Gov
ernor without breaking the seals ordered it to be returned. He boasted
of it as an act of generosity, considering the provocations Mr. Horsman
den had given him during the party feuds in Mr. Clinton's administration.

308 Smiths Continuation, &rc. [Chap. VII.
expected to Mr. Seaman ; he had resolved to have
gone to the bench under his first comraission from
the late king and the Saville House Proclamation,
till he was told after coraing to town, that the last
coraraission bad revoked the first, and that he raust
act under that or not at all. Mr. Jones's answer was
required, but. he withheld it till two days after Mr.
Horsraanden had bound hiraself to serve.
The war against Spain was proclaimed here on
the 3d of April. The council met at the fort, and
the railitia were arrayed. The proclamation was
read by Mr. Banyer at the door, and followed by
three Cheers. The grenadiers, led by Lord Stirling,
then advanced to the town-hall. The constables
followed after them ; the under sheriffs, high sher
iff, and town clerk, the common council, aldermen,
recorder and mayor, then the council, the Lieutenant
Governor, and last bf all, the gentlemen ofthe town.
When the proclamation had been again read at the
hall, they returned to the fort, and after soraOtirae the
company retired. '
It should not be omitted that a short convention
of the Assembly took place in May, and that they
passed a bill which originated in the Lower House,
and sent it up to the Council on the 5th — was passed
by the Governor the next day : and that another bill,
which the council received on the 20th, had the
Governor's assent on the 22d ; the former being an
act for raising money by a lottery to build a new
jail in the metropolis, and the other to punish tres
passes injurious to the light-house of Sandy Hook,
which to the shame of the colony was now first
erected. Mr. Colden's second administration was then draw
ing to a close; for General Monckton, having succeed
ed in the conquest of Martinique, returned to his gov
ernment on the 12th day of June, and began with a
splendor and magnificence equal to ¦ his birth, and
expected from that liberality and generosity for which
he has ever been so highly distinguished.
FINIS.

YALE UNIVERSITY

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