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\A O »ll 4_ r r m Ck- 



NEW-YORK HISTORICAL SOCIETY. 



PUBLICATION FUND. 



NEW-YORK HISTORICAL SOCIETY. 



PUBLICATION FUND. 



COMMITTEE ON PUBLICATIONS, 



EVERT A. DUYCKINCK, 
EDWARD F. DE LANCEY, 
GEORGE H. MOORE 



COLLECTIONS 



OP THE 



NEW-YORK HISTORICAL SOCIETY 



FOR THE YEAR 



1876. 



PUBLICATION FUND SERIES. 



• • •'. ! • 



NEW YORK: 
PRINTED FOR THE SOCIETY. 

MDCCCLXXVII. 



163562 









■ 






• • 






• • 



• - • 






Officers of the Society, 1877 



■»♦♦■ 



PRESIDENT, 

FREDERIC DE PEYSTER, LL.D. 



FIRST VICE-PRESIDENT, 

WILLIAM CULLEN BRYANT, LL.D, 



SECOND VICE-PRESIDENT, 

JAMES W. BEEKMAN. 



FOREIGN CORRESPONDING SECRETARY, 

GEORGE H. MOORE, LL.D. 



DOMESTIC CORRESPONDING SECRETARY, 

EVERT A. DUYCKINCK. 



RECORDING SECRETARY, 

ANDREW WARNER. 



TREASURER, 

BENJAMIN H. FIELD. 



LIBRARIAN, 

JOHN AUSTIN STEVENS. 



EXECUTIVE COMMITTEE, 



FIRST CLASS FOR ONE YEAR, ENDING 1 8 78. 

EDWARD F. DE LANCEY, HENRY DRISLER, LL.D., 

JAMES H. TITUS. 

SECOND CLASS — FOR TWO YEARS, ENDING 1 8 79. 

J. TAYLOR JOHNSTON, ERASTUS C. BENEDICT, LL.D., 

ROBERT LENOX KENNEDY. 

THIRD CLASS — FOR THREE YEARS, ENDING 1880. 

EVERT A. DUYCKINCK, JAMES WILLIAM BEEKMAN, 

GEORGE H. MOORE, LL.D. 

FOURTH CLASS — FOR FOUR YEARS, ENDING 1 88 1. 

SAMUEL OSGOOD, D.D., WILLIAM R. MARTIN, 

CHARLES P. KIRKLAND, LL.D. 

CHARLES P. KIRKLAND, LL.D., Chairman. 
JOHN AUSTIN STEVENS, Secretary. 

[The President, Recording Secretary, Treasurer, and Librarian 
are members, ex officio, of the Executive Committee.] 



COMMITTEE ON THE FINE ARTS. 

A. B. DURAND, JOHN A. WEEKS, 

ANDREW WARNER, EDWARD SATTERLEE, 

WILLIAM J. HOPPIN, CEPHAS G. THOMPSON. 

WILLIAM J. HOPPIN, Chairman. 
ANDREW WARNER, Secretary. 

[The President, Librarian, and Chairman of the Executive Com 
mittee are members, ex officio, of the Committee on the P'ine Arts.] 



INTROD TJCTION. 



Tarn manuscripts known as the Colden Papers are among 
the most valuable and important in the possession of the So- 
ciety. They extend through the greater part of the eighteenth 
century \ and constitute a rich treasure of materials for our 
Colonial History. A portion of these papers have been in- 
cluded in the first volume of this series of publications, with a 
prefatory note, to which it is deemed sufficient to refer in this 
place. 

The present volume contains the first part of Lieutenant- 
Governor Colden's official Letter Books, which extend from 
1760, when the administration of the Province first devolved 
upon him as President of his Majesty's Council, at the death 
of Lieutenant-Governor De Lanoey, to 1775, when his fourth 
and last term of occupancy of the Executive Chair was termi- 
nated in the year before his death. 

Great use has been made of all these papers by historical 
writers, and some of them have found their way into print / 
but it is considered best to give the entire text of the Letter 
Books as they stand in the original M8S.,from which they are 
now printed, without breaking the unity of the series of docu- 
ments thus preserved. 

The contents of this volume, which ends with the early part 
of the year 1765, throw a flood of light upon the measures 
which were steadily forcing New York into necessary resist- 



X INTRODUCTION. 

ance to arbitrary government : and it was but a few montlis 
later, when, in view of the general rebellious attitude of the 
Colonics, the Earl ^/"Chatham indicated the leadership of that 
Province in these memorable words: " New York has drunk 

THE DEEPEST OF THE BANEFUL CUP OF INFATUATION, but 7W7ie 

seem to be quite sober and in fidl possession of reason." 
New York, January, 1877. 



THE GOLDEN LETTER BOOKS. 



Vol. L 



1760—1765. 



• • 



THE COLDEN PAPERS. 



To General Amherst. 

New York, August 4 th , 1760. 
Sir, 

I make no doubt that your Excellency has been in- 
form'd before now of the loss this Province has suffered 
by the death of L l Governor De Lancey. It may be the 
greater by the want of abilities in his successor in the 
administration which devolves on me as President of 
his Majesties Council for this province. I had for 
some time retired to the Country from business as best 
suited to my advanced Aee, but by this misfortune I 
am under a necessity of takeing this office upon me. I 
flatter myself that no man has a more sincere zeal for 
his Majesties Service & that were my abilities answer- 
able to it I might hope in some measure to deserve 
your regard. As it is, I must intreat your Excellency 
to accept of my humble endeavours, <fc that you may 
be assured that nothing shall be wanting on my part 
for his Majesties service to the best of my abilities and 
on all occasions to convince you that I am with the 
greatest respect, Sir, Yrs, <fc c . 



Circular Letter to the several Governors on 
the Death of the L t Governor. 

New York, August 4 th , 1760. 

Sir, 

On Wednesday last our late worthy Gov r M r De 
Lancey departed this life. He was not apprehensive 



• • • 






• • •« 






2 '- . THE COLDEN PAPERS. 

•of/ any danger when he was seized in the morning with 
••...a pain in his breast, and tho' a Physician was after- 
s' /wards sent for, he expir'd before any releife could be 
V applied : In this gentleman his Majesty has lost a 
most able and faithfull Servant, and, I may add the 
Provinces in general a sincere friend. 

The administration by virtue of his Majesties Com- 
mission devolving on me, as eldest Councelor ; it is ex- 
pedient I should inform the Governors of his Majesties 
other Colonies of the Event ; least any interruption 
might be given to a correspondence between them, 
which I am sensible must be necessary at all times 
but more especially at present, to promote the king's 
service and to preserve Union and Ilarmony among the 
several provinces, so essential to their common welfare. 
I assure myself of establishing & keeping up an inter- 
course with you on all occasions conducive to those 
ends. And it will give me a singular satisfaction if by 
my present situation, I should have in my power to 
serve your Excellency or any of your friends. I am, 
<fc c . 

Addressed on his Majesties sei % vice as follows : 

To His Excellency Thomas Boone, Esq. Captain 
General & Governor in Cheif of the Province of 

New Jersey. 

To The Hon ble James Hamilton Escj Lieut 1 Governor 
and Commander in Cheif of the Province of 

Pensilvania. 

To The Hon ble Horatio Siiarpe, Esq., Governor and 
Commander in Cheife of the Province of 

Maryland. 

To The Hon ble Francis Fauquier Governor of 

Virginia. 



THE COLDEN PAPERS. 6 

To The Hon ble William Bull, Esq. Lieut* Governor 
and Commander in Cheif of his Majesties Province of 

South Carolina. 

To His Excellency Francis Bernard, Capt n Gene- 
ral and Governor in Cheif of the Province of 

Massachusetts Bay. 

To His Excellency Benning Wentworth, Capt n 
General and Governor in Cheif of his Majesties Pro- 
vince of New Hampshire. 

To the Hon bla Thomas Fitch, Esq., Governor & 
Commander in Chief of the Colony of 

, Connecticut. 

To the Hon ble Stephen Hopkins, Esq., Governor & 
Commander in Cheif of the Collony of 

Rhode Island. 

To His Excellency Charles Lawrence, Capt n Gene- 
ral & Governor in Cheif of his Majesties Province of 

Nova Scotia. 



To the R t Hon 1 ** W. Pitt Principal Sect t op 

State. 

New York, August 7 th , 1760. 
Sir, 

On the 30 th of last month L l Governor De Lancey 
dyed after a short illness. I have taken the adminis- 
tration of Government on me as first of his Majesties 
Council for this Province in pursuance of a clause in 
his Majesties Commission to Sir Charles Hardy for 
that Purpose in case of the absence or Death of the 
Gov 1 " in Cheif & L* Governor. I am now advanced in 
years having been about 37 of them in his Majesties 



THE COLDEN PAPERS. 



Council for this Province. Were my abilities equal to 
my Zeal in his Majesties Service I might perhaps pre- 
sume to give greater assurances of the performance of 
my Duty than I can in my present circumstances. I 
am under great concern least his Majesties Service may 
suffer by the loss of a person of M r De Lanceys abili- 
ties &> experience in the present situation of affairs : 
but by all appearances in the few days in which I 
have had the administration I have good reason to hope 
that the people of this Province will be as much 
united in tneir zeal for his Majesties Service as ever at 
any time, & that they will endeavour to make my 
administration easy to me. 

As General Amherst does not know of this oppor- 
tunity by Bristol it maj be proper to inform you that 
in his Letter to 1/ Gov. De Lancey of the 24 th July, 
dated at Oswego, which was deliver'd to me since M r 
De Lanceys Death, he writes 

" Capt n Laury sail'd from this the 15 to intercept 
4 the Enemy's Vessels from their shelter in the River 
4 St. Lawrence. On the 20 th the French Ships appear'd 
4 of this place, so that he must undoubtedly have been 
4 between them & their home, & as his orders were to 
4 station himself so that they should not get in, & that 
4 1 instantly on their appearance, sent to acquaint him 
4 of it, I think he will probably give a good account 
4 of them. Gen. Gage ariv'd the day before Yester- 
4 day and Sir William Johnstone last night." In a 
4 Postscript he adds, " I have just now heard the En- 
4 nemy8 Vessles have escaped Capt n Laury &, have 
4 gott into the River St Lawrence." 

Nothing in my power shall be wanting in my Duty 
to his Majesty &> if I can, as I shall most sincerely en- 
deavour, obtain your approbation of my conduct it 
will compleat the utmost ambition of, Sir, Yr <fc c . 



THE GOLDEN PAPERS. 



To the Right Hon 8 " The Lords Commissioners 

for Trade & Plantation. 

New York, August 7 th , 1760. 
My Lords, 

L l Governor De Lancey dyed on the 30 th of last 
month after a very short illness. You know my Lords 
that on this misfortune the administration of Govern- 
ment devolves upon me, being the first in his Majestie's 
Council for this rroviuce. M r De Lancey was certainly 
a Gentleman of great abilities & experience in the 
present situation of affairs. I am therefore under 

freat concern least his Majestie's Service suffer in my 
ands. I am now advanced jn years, about 37 of 
which I have passed since I was of the Council. Your 
Lordships can judge better than others of some part 
of my past conduct & I hope you have observed 
that 1 have had a special regard to the rights of the 
Crown as well as to the privileges & liberties of the 
people. 

Were my abilities in any proportion to my zeal for 
his Majestie's Service I should have strong hopes of 
your approbation of my administration, as it is, the 
behavior of people in general, as well as of those more 
immediately in the Gov 1 during the few days in which 
I have had the administration gives me great hopes 
that the people of this Province will be as much united 
in their Zeal for his Majesties Service as ever they were 
at any time, and I have reason to hope they will make 
my administration easy to me. These things give me 
likewise hopes that under all my infirmities I may 
obtain your Lordships favour. 

By M r De Lancey s death the office of Chief Justice 
is vacant. I know not whether, there may be a neces- 
sity for supplying that vacancy. However it be I 
shall grant no Commission otherwise than during his 
Majesties pleasure. 

A Seat at the Council Table is likewise become 



b THE COLDEN PAPERS. 

vacant by his death, permit me to recommend my eld- 
est son Alexander. 

My Lords be assured that nothing shall be omitted 
in my power in hopes of obtaining your Lordships 
approbation of my Conduct If 1 shall be so happy it 
will compleat the ambition of, My Lords, & c 



To His Excellency General Amherst. 

N. York, August 11 th , 1760. 
Sir, 

I have your Excellency's letters of the 28 th of last 
month and 3 d Instant, directed on his Majesties service 
to L l Gov r DeLancey. That of the 28 th relating to the 
imprisonment of Capt n Brown I laid before his Majes- 
ties Council for this Province. Justice in Civil matters 
between Man and Man relating to property is a point 
which must be touch'd very delicately, however in my 
Letter to the Mayor of Albany, I shall go farther than 
the advice of Council does : tho' at the commencement 
of my administration it is necessary that I be very cau- 
tious. Your Excellency no doubt considers that infe- 
rior officers sometimes take more upon them than is 
necessary for the service, but in this case I know noth- 
ing more than by the enclosed with your Letter. 

I5y my Letter of the 4 th of this month I acquainted 
your Excellency of my takeing the administration of 
Government on me. You may depend on my best en- 
deavours to promote his Majesties Service & to serve 
your Excellency to the best of my abilities. I heartily 
wish you the greatest honour by your successes. It 
will give me the greatest pleasure <fc satisfaction if my 
endeavours shall receive your approbation. And that 
I can convince you of my being with the greatest sin- 
cerity & respect, Sir, Y r most, <k c . 



THE COLDEN PAPERS. 



To His Excellency General Amherst. Relateing 

to the House in y* Fort. 

New York August 11 th 1760. 
Sir, 

My wife's* state of health lays ine under a necessity 
of bringing my family to Town, <fc as I cannot at this 
time of Year hire a house I have been under great con- 
cern least your Excellency should imagine that my 
going into the House in the Fort might be thought 
disrespectf ull to you & put you to some inconveniency : 
but my Friends think in the manner which I propose 
your Excellency may be lodged without much incon- 
veniency in the same House. I propose that your 
Excellency have all that part of the House on the left 
hand of the Stairs, or North part of the House, which 
contains all the large rooms, with the kitchen & Rooms 
over the Kitchen <fc likewise the two Rooms on the first 
floor where M r Appy kept his office. The other small 
rooms on the right hand above stairs will be sufficient 
for my family, with the Room on the first floor on the 
right hand of the stair case for a Kitchen. I beg of 
your Excellency to let me know your pleasure for I 
shall put myself to any inconveniency rather than 
that you should suffer any, & I hope on every occasion 
to convince you that I am with the greatest respect, 
Sir, Your <fc c . 



To Sybrant G. Van Schalck, Esq., Mayor of 

Albany. 



New York August 11 th 1760. 
Sir, 

Yesterday I received a letter from his Excellency 
General Amherst, complaining of the Arrest of Capt n 
Brown, at the Suit of Eyda Vroman, for damages he 
sustained by the Kings Cattle entering into his wheat 



8 THE COLDEN PAPERS. 

Feild, and that by the detention of this person in the 
Sheriffs custody the transportation of provisions to 
the Army is likely to be obstructed, Capt n Brown 
having the charge of his Majesties Teams at Schenec- 
tadv. 

I he General has wrote to the Sheriff, whose Letter 
I must refer you to, wherein you will see the Gen- 
eral's sentiments on the matter, & how greatly he com- 
plains of it, as such arrests must unavoidably give 
obstructions to the operations of the Campaign. 

Upon my laying the papers relative to this trans- 
action before his Majesties Council, it was their opin- 
ion that I should, and in conformity to their advice I 
do, recommend it to you, to call all the parties before 
you, and if upon examination into the facts, it appear 
that the cause of action is frivolous, <fc M r Vroman's 
damage is trifling, then that you admit Capt n Brown 
to an appearance and discharge him from the custody 
of the sheriff. 

This is a step you may legally take, & I desire you 
to do it without any delay : Were it my own case & 
the damage considerable, as the General promises re- 
dress to the injured on their applying to him, I should 
prefer this to the remedy the Law gives, more especi- 
ally as the relying on his Justice, as it is most agree- 
able to him, is likely to be the most beneficial to the 
inhabitants in General on the return of the Army. 

The example of the Mayor and Magistrates cannot 
fail of influencing the conduct of the people. I must 
therefore recommend it to you and them to exert your- 
selves on every occasion wherein you can be any ways 
instrumental in promoting the King's service, this 
being not only a necessary point of your duty but 
what your own, <fc the Interest of the Province mani- 
festly require at your hands. I am, <fe c 



\ 

\ 



THE COLDEN PAPERS. 9 



To the Right Hon bl " The Earl of Halifax. 

New York August 11 th 1760. 
My Lord, 

On the 7 th of this month by a Ship to Bristol I in- 
formd my Lords Commiss" for Trade & Plantations 
of the Death of L v Gov r De Lancey on the 30 th of last 
month, and that I being the first of his Majesties 
Council for this Province have taken the administra- 
tion of Government upon me, which was the first and 
only opportunity of writing before this. By all 
appearances in the short time in which I have had the 
administration I have reason to hope that the people 
of this Province will be as much united in their Zeal 
for his Majesties Service as they ever have been at 
any time, and as my constant attention shall be to 
avoid everything which may occasion publick dissen- 
tion, I hope my administration will be made easy to 
me. I flatter myself that your Lordship formerly had 
a favourable opinion of my zeal for the rights of the 
Crown. It is now become more immediately my duty 
& it shall be my constant care not to forfeit any good 
opinion you may have received of me. 

Last year I took the Liberty to write to your Lord- 
ship on the subject of Lands in which I have been 
many years conversant <fc observ'd to your Lordship 
that tho' the letter of his Majesties Instructions may 
be observed in the Granting, yet the Spirit & true 
intention cannot be pursued tor want of a fund to pur- 
chase the Lands from the Indians for the King's use 
and to prevent and avoid private purchases. I observe 
in the present Instructions, that those Instructions are 
left out by which the Surveyor Gen 1 of Lands became 
necessarily one in the setting out of all Lands, <fe the 
Gov r seems to be at liberty to employ any Surveyor he 
shall think proper. Governors formerly have in the 
plenitude of the power done so & from thence many 
abuses have arisen to the King's prejudice, in ascer- 



10 THE COLbEN PAPERS. 

taijiing the quantity & boundaries of the Lands 
granted. 

The price of provisions and of all the necessaries of 
life has increased for several years passed to three 
times the value they formerly were so that the Sallary 
and perquisites are scarcely sufficient to defray the 
expence of a Governors family and to live in any de- 
gree suitable to his Rank, or as some Merchants in 
this Town do, & as I must be at some extraordina- 
ry expence in the beginning of my administration 
tno' I have reason to think that the duration of it 
will be short, this difficulty will be the harder on 
me. Perhaps some occasion may happen when this 
shall come under your Lordships consideration to my 
benefit, and I humbly beg your Lordships favour in 
it. 

The office of Cheife Justice is become vacant by M r 
De Lanceys death. I am strongly solicited to appoint 
another, but as there are other Judges by whom I 
think the business of the Courts can be carried on for 
some time I incline to let this office remain vacant till 
I shall receive his Majesties pleasure thereon, unless I 
be pressed by the Council to appoint & in this case I 
shall only do it during his Majesties pleasure. The 
method formerly was to issue the Cheif Justices Com- 
mission under the Seal of the Province in pursuance of 
his Majesties Mandamus. It may perhaps be proper 
to inform your Lordship that the highest Sallary 
hitherto given by the assembly to the Cheif Justice <k 
the perquisites of the office, are not sufficient to sup- 
port a family in this country, & I expect it will not be 
augmented. The office of Cheif Justice is of such con- 
sequence to the Kings Service and to the People of 
this Province that I shall not take upon myself to 
recommend any. And by M r De Lancey's Death a 
Seat at the Council Board is likewise become vacant. 
I have presumed in my Letter to the board of Trade 
to recommend my eldest son Alexander. If this 
should be agreeable to your Lordship, it will add to 



THE COLDEN PAPERS. 11 

that influence which it is necessary for me to have in 
the Minds of the People. 

My greatest ambition is to deserve your Lordships 
favour by a prudent conduct, and to show with what 
devotion I sincerely am, <fe c 

Sent by the General Wall Packett Capt n Leutwidge 
who sail'd Sept r 4 th 



To His Excellency Thomas Boone, Gov* of 

Jerseys <fc° 

New York August 21 st 1760. 
Sib, 

From the inclosed Proclamation which I have issued 
by advice of his Majesties Council for this Province 
your Excellency may observe a most horrid murder of 
four men in the Barge of his Majesties Ship the Win- 
chester of which Capt n Hales a very humane Gentle- 
man is commander. 

The Sampson is a Ship of 22 Guns on one Deck 
nine & six pounders, & the Crew consists of 67 Men 
besides boys. After she got into the Harbour she was 
placed within about 50 feet of the end of the Dock. 
They arni'd themselves and loaded their Swivils and 
bade defiance to all authority. As it evidently ap- 
peared that the crew consisted of desperate bloody 
minded fellows, the Magistrates thought that any 
attempt from the Shore must have been attended witn 
fatal consequences to some of the Inhabitants. Capt n 
Hale brought up his Ship from the watering place to 
give them assistance, but on appearance of the Ship, 
the fellows seized the Boats & went ashoar armed at 
a distance from the Town & in several different places 
and made their escape. This is such a daring insult 
on all Authority & of such dangerous example that I 
make no doubt of your Excellencys ordering proper 
enquiry to be made for discovering any who may have 



12 THE C0LDEN PAPERS. 

made their escape into your Government that they 
may be brought to Justice. I am, <fcc. 

And (mutatis mutandis) To the Hon ble Thomas 
Fitch, Stephen Hopkins, His Excellency Francis 
Bernard, and to the Hon ble James Hamilton, L* Gov. 
of Pennsilvania, <fe c . 



To His Excellency Thomas Pownall, Esq. 

New York August 22 a 1760. 
Sir, 

My Son inform'd you of M r De Lancey's death by a 
Ship which sailed for Bristol in a day or two after I had 
taken the administration on me. At that time a con- 
tinual flow of ceremony and business prevented my 
writing to your Excellency to inform you of this event, 
but I thought there could be no inconveniency in my 
omitting it at that time while my son did it. I now 
embrace the next opportunity of writing more particu- 
larly. You know I believe that after M r De Lancey 
had taken the administration I retired to the Country, 
without the least expectation of anything like what 
has now happened. This was the only reason why I 
did not embrace the honor you did me by an invitation 
to correspond with you. I thought my writing could 
be of no U9e and might be troublesome to you. By 
my present situation perhaps I may be of some use, 
& in such case it will give me the greatest pleasure to 
receive your Excellency's commands. 

Though you be already appointed to a more bene- 
ficial Government I have some hopes your Excellency 
may prefer this on Ace* of the healthiness of the Cli- 
mate, if it should be so it will add to the motives I 
otherwise have of delivering the administration in the 
best situation for your future care. From all appear- 
ance in the little time since I came to Town, I have 
reason to hope the administration will be made easy 



THE COLDEN PAPERS. 13 

to me which at my age I value more than its being 
profitable. Indeed I shall not be uneasy if I can pre- 
vent its being expensive. 

By M r De Lancey's death you know Sir that the 
office of Cheif Justice becomes vacant. M r Chambers 
& M r Horsmanden are competitors, and both are niake- 
ing interest with the Gentlemen of the Council which 
I suspect will be ineffectual. You know them both 
and I believe you know their abilities. I have told 
both that I will appoint no otherwise than during the 
King's pleasure. Both their Commissions of 2 d & 3 d 
Judges are during good beheavior, & they are both un- 
willing to accept that of Cheif Justice otherwise & 
therefore I expect the office will remain Vacant till 
the King's pleasure be known. It may be of use to 
know that the Sallary & perquisites of Cheif Justice 
are not sufficient to maintain a family in this Town, & 
I believe the Assembly will not increase the Sallary. 

I am not known to his Majesties Ministers, I trust 
ou will be a friend to me on this occasion, which will 
ay the greatest obligations of gratitude on, Sir, Y r <fc c 



i 



Sent by the General ' Wall Packett Capt n Leut 
widge who sail'd Sept r 4 th . 



To John Pownall. 



New York August 22 nd 1760. 



Y r Brother Gov r Pownall when he left New York 
desired me to correspond with him under direction to 
you, but as I then retired to the Country I thought my 
writing might be troublesome and of no use. Since 
the administration of the Govern m* of this Province has 
devolved on me by the Death of 1/ Gov r De Lancey I 
may have it in my power to be on some occasion, of 



14 TIIE COLDEN PAPERS. 

some use. I therefore give you the trouble of the in- 
closed to your Brother. 

If Sir I can on any occasion be of any use to you it 
will give me the greatest pleasure to have an oppor- 
tunity of shewing with what respect I am, Sir, <fc c 



To the Right Hon bl1 The Lords Commissioners 

for Trade and Plantations. 

New York, August 30 th 1760. 
My Lords, 

On the 7 th of this Month by a Ship bound to Bristol 
I informd your Lordships that (as in the draft of that 
Letter) 

On the 16 th I received the honour of your Lordships 
commands of the 13 th of June by the Packet, & I shall 
punctually observe them. 

I am not as yet sufficiently informed of what has 
been done during M r De Lanceys Administration in 
relation to granting of Lands. As your Lordships are 
of opinion that the settling of our Frontier Lands is a 
measure of great publick utility, as it certainly is, it 
shall be a principal object of my attention, but untill 
the boundaries & Limits of the Colonies be settled in 
regard to the French by the peace, it cannot be consid- 
erd with precision. I have been forty years Surveyor 
General of the King's Lands in this Province, & by 
that means have had long Experience. If your Lord- 
ships think that I can be of any use to you in your 
deliberations on this matter, I snail with the greatest 
pleasure obey your Commands in eveiy point within 
my knowledge. 

Your Lordships observe that the limits of the land 
petition'd for in the Memorial presented by G 1 
Amherst, are very loosely and vaguely described, <fc I 
may add, in the same manner the boundaries of the 
great Tracts formerly granted in this Province gener- 



THE COLDEN PAPERS. 15 

ally are. The extent of the Waters & Rivers men- 
tiond in Capt n Skene's petition are known to few peo- 
ple, <fe perhaps to none with any degree of certainty, 
but I am iniormd that within these boundaries a very 
large tract is contain'd, & a great part of it of a very 
rich Soil. As to the Tracts petition'd for by the Six 
Provincial Colonels I suppose that the boundaries of 
the several Townships are to be fixed in the usual man- 
ner by the proper officers of the Crown. All the Lands 
mention'd in both these petitions are undoubtedly 
within the boundaries of this Province as granted by 
King Charles the 2 nd to his Brother the Duke of York. 
This I thought necessary to observe to your Lordships 
by reason of a claim some time since made by New 
Hampshire on what pretensions I know not. 

Inclosed your Lordships will receive a Memorial of 
M r Chambers, 2 nd Justice of the Supreme Court of this 
Province that he may be appointed Cheif Justice. I 
know that the allegations in his Memorial are true. 
He is brother of the late Admiral Chambers, has an 
ample fortune <fe I never heard his integrity call'd in 
question, but as I am not a competent Judge of the 
proper qualifications of a Cheif Justice, I shall not pre- 
sume to say further. 

Since I had w r rote so far a petition of several of the 
officers of the forces raised in this Province was pre- 
sented to me for Lands which I find are included 
within the boundaries of the Land petition'd for by 
Capt n Skene, & therefore I have put a stop to the pro- 
ceedings thereon till I shall know your Lordship's 
pleasure. The officers of this Province have in every 
respect equal pretentions with those of New England, 
witb this farther in their favour that the Lands are in 
this Province. Coll. Haldiman of the Royal Ameri- 
cans I am told joins with the New York Officers, tho' 
his name be not made use of till he can take the benefit 
of the Naturalization Act for America. I shall only 
farther observe to your Lordships that the Lands con- 
taind within the boundaries mentiond in Capt n Skene's 



16 THE COLDEN PAPERS. 

Petition are sufficient to give ample encouragement to 
him & to the New York Officers. 

On the 18 th of this Month as the Ship Sampson of 
Bristol Osborn Greatrakes Master, a ship of 22 Guns 
on one Deck & 67 Men was comeing from Sea into this 
Port and passing his Majesties Ship Winchester, the 
Winchester fired Signal Guns to bring to, & sent her 
Barge to know what she was. As soon as the Barge, 
with the 3 d Lieut* and 1 3 men came on the Sampson's 
bow, the Lieutenant haild her <fc bid her bring to, on 
which the Crew of the Sampson fired a volley of mus- 
ketry on the Winchester's Barge, & tho' the Lieut* 
calld out to them to cease fireing and rowed from the 
Sampson, the Crew of the Sampson continued fireing 
their Musquetrie, by which four Men on board the 
Barge were kill'd, tho' not one piece was fired from 
the Barge at any time. The Sampson crouding all the 
sail she could got into the Harbour : soon after which 
Capt n Hale commander of the Winchester sent his 1 st 
& 3 d Lieutenants to me with the men remaining of the 
Barge crew. Their evidence being taken by the Mayor 
of this City in my presence, and in the presence of one 
of the Judges, the Mayor issued his Warrant for ap- 
prehending the people on board the Sampson, but the 
Ship being placed at a small distance from the end of 
the wharf & the crew having armd themselves they 
bid defiance to all authority. The next day the Capt n 
brought up his ship to the assistance of the Magis- 
trates, on sight of which the crew of the Sampson 
seized the Boats, & went ashore armed in different 
parties at a distance from the Town. As soon as the 
Council could be calld, I issued by their advice a 
Proclamation to have the crew, every man by his name 
apprehended any where in the Province, & I wrote to 
all the neighbouring Governours for the same purpose, 
in case any of the crew should escape into their Gov- 
ernment, & I order'd a detachment of the Militia of 
this city to assist the Sheriff, but all ineffectually, ex- 
cept as to one Man now in jail. The Master & first 

4 



THE COLDEN PAPER9. 17 

Mate being on shore were committed to jail and after- 
wards admitted to Bail by Judge Horsmanden. It 
may be proper for me to aad that tho' Capt n Hale had 
not attempted to press one man since his Ship came 
into the River I am told that some other Capt n8 of his 
Majesties Ships had distressed the Town by pressing 
Men from the Markett Boats & wood Boats and by 
other acts of severity, whereby the people in the Town 
& Country had generally received strong prejudices, & 
the Merchants of this Port had suffered by the Sea- 
mens removeing to the neighbouring colonies where 
they were free from any press. 

It shall be my constant indeavour to deserve your 
Lordships approbation having nothing more at heart 
than to be with humble Submission, & c 

Sent by the General Wall Packett Capt n Leutwidge 
who sail'd Sept r 4 th 



To the Right Hon™* W. Pitt principal Secretary 

of State. 

New York, Aug* 30 th 1760. 
Sir, 

On the 7 th of this month by a Ship to Bristol I 
inform'd you of the Death of L fc Gov r De Lancey, & 
that I had taken the administration of Government on 
me, being the first of his Majesties Council for this 
Province, in pursuance of a clause in his Majesties 
Commission to Sir Charles Hardy for that purpose in 
case of the absence or Death of the Gov r in Cheife & 
L'Gov r . 

I am under great concern least his Majesties service 
suffer by the loss of a person of M r De Lancey's abili- 
ties <fc experience in the present situation of affairs. I 
am now advanced in years, having been about 37 of 
them in his Majesties Council for this Province. Were 

a 



18 THE COLDEN PAPERS. 

my abilities equal to my zeal, I might presume to give 
greater assurances of the performance of my Duty, 
than I can in my present circumstances. By all 
appearances in the small time in which I have had the 
administration, I have reason to hope that the people 
of this Province will be united in their zeal for his 
Majesties service as much as at any time & that they 
will endeavour to make my administration easy to me. 
Nothing in my power shall be wanting in my duty 
to his Majesty, and if my endeavours Sir shall receive 
your approbation, it will compleat all the happiness 
which an old man can wish, who is with much devo- 
tion for his Majesties Service, Sir, <fc c 

Sent by D° Sept r 4. 



To His Excellency General Amherst. 

New York Sept r 4 th , 1760. 
Sir, 

I have the honor of your Excellency's commands of 
the 19 th & 26 th of last month. Your success in reduce- 
ing Fort Levis in so short a time, & with so inconsid- 
erable loss, under so many difficulties attending the 
enterprise, must give the inhabitants of this Province 
great joy, as thereby their frontiers to the westward, 
especially on the Mohawk's River are effectually 
secured as well as the navigation on the Lakes. With 
the greatest pleasure I congratulate your Excellency 
on your success in this instance more especially as it 
opens the door for more signal effects to the honor of 
his Majesties arms & future security of his people, of 
which all make the most happy presages, while under 
your. Excellency's direction. 

I shall communicate your Excellency's Letter to the 
Council this day & I make no doubt of their joining 
with me in opinion that a proclamation will be very 



THE COLDEN PAPERS. 19 

proper to encourage people to return to their settle- 
ments which had been deserted and to the improve- 
ment of the uncultivated Lands on the frontiers ; and 
you may be assured that Capt n Wheelock shall receive 
all assistance that may be necessary on my part. 

The Packett is now under sail with a fair Wind. 
We have nothing new at this time. I shall think my- 
self a happy old man, if I can convince you that I am 
with the greatest sincerity, Sir, & c 



To Captain Campble Commander op his Majesties 
Ship Nightingale and to Capt* Greenwood Com* 
of his Majesties Ship Zephyr. 

New York Sept r 5, 1760. 
Sir, 

I think it will be agreeable to you to have the 
inclosed information which I received this day from 
Edward Richards Master of the Ship Alexander, at 
the same time I have the pleasure of assuring you 
that I am with great regard, Sir, Y r most obey'd 1 hum- 
ble Serv'. 



To Joshua Henshaw, Esq b att Boston. 

Fort George City of N. Y. Sept. 15 th 1760. 
Sir, 

I have the favour of yours of the 5 th Instant. I am 
told that a copy of the Act for paying £2500 for the 
releife of the poor sufferers in the late nre in the Town 
of Boston was sent to your late Gov r & it was immagin'd 
you could be under no difficulty as to the manner of 
receiving the money after perusal of the Act. I do 
not in the least suspect that the Treasurer will make 
any difficulty in paying the money ; but as it cannot 
with certainty be known here, who are the Select men 



20 THE COLDEN PAPERS. 

& overseers of the poor in the Town of Boston, it may be 
proper that your Governor certify that the persons who 
give the order for receiving the money, are the Select 
men & overseers of the poor. It may be proper like- 
wise to annex a copy of the Act which is refer'd to in 
the order of the Select men. I inclose a certif yed copy 
of the act, least that which was formerly sent be by 
any means lost. I am with great regard, Sir, Y r most 
humble Servant. 



To John T. Kemp, Esq, His Majesties Attorney 
General for the Province of New York. 

Fort George Sept r 19 th 1760 
Sir, 

The contents of your Letter of yesterday surprises 
me. I shall apprize the Collector with what you al- 
ledge, & 1 shall be glad to have some more particular 
information as what you now write is only in general 
without specifying any one particular to which a speci- 
fic answer can be given. Y ou may assure yourself of 
all the assistance I can give you in preserving the 
rights of the Crown and that I am, &° 



To His Excellency Francis Bernard Esq Capt* 
General & Gov B in Cheif of the Province 

of Massachusetts Bay. 

Fort George Sept r 22 nd 1760. 
Sir ; 

Yesterday I communicated the advice which 1 re- 
ceived by your Excellency's Letter of the 12th Instant 
to Capt n Campbell, which he observ'd to me was pre- 
cisely the same with an information I had sent him on 
the 5 th Inst, by a Master of a Ship which saild from 



THE COLDEN PAPERS, 21 

hence for Virginia & returnd to this place, on the sight 
of the same number and kind of vessels mention'd in 
your Letter, after he had been off Cape Henry. 

Captain Campbell convinced me & the Master him- 
self that the ship he saw of 24 Guns was the Philadel- 
phia Ship of War from whom Capt n Campbell had 
parted a few days before the Master saw her, & that 
the Brigantine & sloops must have been inward bound 
Vessela which the Philadelphia Frigate had spoke with. 
The Master was so far convinced of the Truth that he 
proceeded again on his voyage to Virginia, & many 
Vessells have since that time come into this port with- 
out having discover'd any Ennemy. Capt n Campbell 
proposes to go on a cruise again in 3 or 4 Days & will 
observe the signals which I gave him for the King 
George. 

I congratulate your Excellency on the glorious news 
of the Reduction of all Canada of which you will re- 
ceive the particulars from the General himself by this 
Post. I have honour to be, Sir, <fe° 



To His Excellency Major General Jeffrey Am- 
herst Commander in Cheif of all his Majesties 
forces* in America &° 

Fort George, Sept r .22 nd , 1760. 

Sir, 

I have the honour of your Excellencys Letters, one 
publick «fc the other Private of the 9 th &, a third of the 
13 th of this month. With the greatest Joy I congratu- 
late your Excellency on your glorious success in reduce- 
ing the whole Country of Canada intirely to his Majes- 
ties Dominion, & the people in this place have univer- 
sally demonstrated their joy by every publick testi- 
mony in their power. 

I have given publick notice to the Merchants nearly 



22 THE COLDEN PAPERS. 

in the same words with Your Excellency's commands 
to me of the 13 th 

Coll De Lancey came to me this morning and in- 
formed me that he had made your Excellency an offer 
of his House in Town. This has removed great uneasi- 
ness I was under from the thoughts that my being in 
the House in the Fort might put you to much incon- 
veniency, & before this 1 had no choice. I have told 
M r De Lancey that with his leave I would go into his 
house & leave the house in the Fort for your Excel- 
lency where you can be better accommodated than any 
where in Town & the other house is in every respect 
sufficient for my family. I beg your Excellency's 
acceptance of the house in the Fort <fc that you'll 
please to let me know about what time you propose to 
be in New York, that the House may be ready for 
your reception. 

I have the honor to be with the greatest respect, Sir, 
& c 



To the Hon?" Cadwallader Colden, Esq., President 
of his Majesties Council and Commander in Cheif 
of the Province of New York, <§* the Territories de- 
pending thereon in America. 

The Memorial of John Chambers Second Justice of 
his Majesties Supreme Court of Judicature for the 
Province of New York. 

Sheweth 

That on the 30 th Day of July 1751 his Excellency 
the Hon bIe George Clinton Esq then Governor of this 
Province, was pleas'd, by & with the unanimous advice 
& consent of his Majesties Council to grant unto your 
Memorialist his Majesties Commission appointing him 
second Justice of the said Supreme Court, During 
good behaviour, that on the 2 n<f Day of March there- 
after, his said Excellency in Council communicated a 



THE COLDEN PAPERS. 28 

paragraph of a Letter from the Earl of Holder ness, 
one of Majesties Principal Secretaries of State of the 
20 th Novem r 1751 to his said Excellency in these words : 
"His Majesty approves of your appointing John 
" Chambers Esq Second Justice of the Supreme Court 
" during good behaviour in the Kooni of M r Phillips 
"deceased." That in virtue of the said commission 
your Memorialist hath faithfully & according to the 
best of his abilities exercised <fe discharged the duties 
of the said office and as he hopes to the general satis- 
faction of the Publick. # 

That the late Lieutenant Governor De Lancey, 
obtain'd from his said Excellency Gov. Clinton, his 
Majesties Commission appointing him Cheif Justice of 
this Province during good behaviour, but did not exe- 
cute that office while in the administration of Govern- 
ment 

That your Memorialist is informd application hath 
been made to your honour for the said office or place 
of Cheif Justice & that you have been pleased to 
Declare that as the Bench of the Supreme Court is 
now fill'd by 3 Judges, and there cannot be any imme- 
diate want of a Cheif Justice, You chose to defer make- 
ing any appointment until you should receive his Ma- 
jesties directions thereupon. 

That in the year 1 747 M r Justice Horsmanden was 
removed by Gov r Clinton from the office of third 
Judge which remained vacant near Six years. That 
during this period your Memorialist was appointed 
Second Justice, & that about two vears after he had 
taken his seat as such, M r Horsmanden was again ap- 
pointed third Justice, & hath ever since continued in 
the exercise of that office, so that your Memorialist 
humbly conceives M r Horsmanden can have no Just 
claim to a preference in this case from his having first 
assumd the Bench. 

Wherefore your Memorialist humbly hopes your 
honour will be pleased to transmit this state ot his 
case in order to be laid before his Majesty, with such 



24 THE COLDEN PAPERS. 

recommendations of him to be appointed to the office 
or place of Cheif Justice as to your honour shall seem 
just & reasonable. 

(Signed) Jno. Chambers. 

New York, August 19 th , 1760. 



Paragraph of a Letter from his Excellency Governor 
Clinton, to his Grace the Duke of Bedford. Dated 
New York, August, 1751. 

I think it proper to remark to your Grace that M r 
Phillips Second Judge of the Supreme Court, having 
dyed three Days Before the beginning of the last 
Court in July, there was an absolute necessity of ap- 
pointing another. I thought of John Chambers Esq r 
to fill the vacancy a Gentleman who has practised the 
Law here above 25 years, with a good reputation & a 
large Estate, & a person the most agreeable to the 
whole people of the Province, as he has always behav'd 
with moderation, never countenancing any faction. 
Upon my offer of the office to him he declined it, 
unless it were granted during good behaviour, with 
such strong reasons as convincd me of the necessity 
& fitness of Granting of the office to him in that man- 
ner, and have not the least reason to believe, that 
either 1 or any of my Successors, or the people in 
general will have any cause to wish he had a less 
tenure in the office. 



To Governor Clinton. 

White Hall, 20 th Nov 1 1752. 

His Majesty approves of your appointing John 
Chambers Esq Second Judge of the Supreme Court 



THE COLDER PAPERS. 25 

tlureing good behaviour in the room of M r Phillips, 
Deceased. 

I am, Sir, your most Obedient humble Servant 

HOLDERNESS. 



To the Lords Commiss* for Trade & Plantations. 

New York, Sept r 20* 1760. 
My Lords, 

With great joy I congratulate your Lordsp 8 on the 
entire reduction of the whole Country of Canada to 
his Majesties Dominion by his Forces under the com- 
mand of Major Gen 1 Amherst, & that the finishing part 
of the Generals prudent conduct has been without 
bloodshed. The particulars no doubt your Lordships 
will have learnd irom the Generals dispatches by way 
of Quebec before this can reach you. However I can- 
not pass over the pleasure I have in the Generals hav- 
ing had an opportunity of convincing the world that 
the Indians are as capable of learning humanity from 
the English as they were of cruelty from the French. 
We now persuade ourselves that an end is put to the 
war in America. 

With this will be transmitted to your Lordship in 
a box Ingrossed Copies of Ten Acts pass'd by Lt. Gov r 
De Lancey the lO" 1 June last, Journals of the Proceed- 
ings of the Council from the 13 th of May to the 10 th of 
June last. 

Minutes of Council from the 2 nd of July 1759 to 
the 21 st of August 1760. Votes of the Assembly from 
the 11 th of March 1760 to the 10 th of June. The 
Sallary of the governor being determin'd on M r De 
Lancey's death and the Sallanes of all the other officers 
of government on the first of this month, it has become 
necessary to meet the Assembly of this Province which 
I propose to do the 21 8t of next month. 1 still hope 
that the public affairs will be transacted with unanim- 



26 THE COLDEN PAPERS. 

ity. I am with the greatest respect, My Lords, Y r 
Lordships most obeydient <fe c 



To the Same. 

New York October 27 th 1760. 
My Lords, 

I did myself the honour to write to y r Lordships the 
20th of last month, at' which time I expected the 
Packet would have sail'd. Since that time I have met 
the Assembly and made the Speech which I inclose. 
They have .resolved to make an Address in return to 
it, which I expect to receive next Wednesday & I 
hope everything will pass with unanimity. I am with 
the greatest submission My Lords, Your 



To M B Pitt Secretary of State. 

New York Oct r 27 th , 1760. 
Sir, 

On the 7 th of August, <fe afterwards on the 30 th of 
the same Month, I had the honour to inform you of 
the Death of Lieu* Gov r De Lancey ; & that in pursu- 
ance of the powers in his Majesties Commission to the 
Capt n General <fe Gov r in Cheif of this Province I had 
taken the administration of Government upon me as 
President of his Majesties Council for this Province, 
since which I have the honour of your commands of 
the 23 rd of August in relation to an illegal and perni- 
cious trade carryed on by the king's subjects in North 
America, to the French Islands and French settlements 
on the Continent. 

For several years before I entered on the administra- 
tion I had resided in the Country, at a distance from 
this Town, & I was thereby intirely a Stranger to the 



THE GOLDEN PAPERS. 27 

Mercantile transactions in it. As soon Sir as I had 
the honour of knowing his Majesties pleasure, by your 
Letter, I communicated it to his Majesties Council, <fe 
desired their advice as to the most effectual means of 
answering the intention of it. 

I likewise directed the officers of the Customs to 
give me what information they can, & ordered them 
to use all possible diligence in discovering what they 
can of this illegal trade & the persons concerned in it. 
At the same time I directed his Majesties Attorney 
General to make what discoveries he can, & to inform 
me of every legal step that can be taken for discover- 
ing the persons concern'd in these flagitious practices 
& for bringing the offenders to the most exemplary & 
condign punishment. And I strongly exhorted the 
Magistrates of this City to their Duty on this occasion. 
After I had done these things I endeavoured by myself 
to get what private information I could ; but none could 
be induced to inform against any particular person, 
tho' from what I can discover I am persuaded the Mer- 
chants of this place have been too generally concerned 
in this illegal trade and that the Merchants in Phila- 
delphia have been more so. 

The method taken to conceal this trade so far as I 
can learn has been to ship off large quantities of pro- 
visions to the New England governments for which 
the Merchants give Bond as the Act directs, & return 
proper certificates of their being landed. They like- 
wise bring back French Sugars to New Jersey & the 
New England Collonies, which are from thence im- 

Eorted into this place with proper cocketts of their 
aveing been legally imported. That this may be put 
in a clearer light I have directed the Collector of the 
Customs in this place to make out an account of the 
Provisions exported to the neighbouring Collonies, <fc 
of the sugars from thence imported, since the com- 
mencement of the War, which I expect to obtain, so as 
to send with this otherwise I shall send it by the next 
Packeti 



28 THE COLDEN PAPERS. 

Besides this, I make no doubt provisions are pri- 
vately sent off from some of the manyports on this 
coast, where there are no officers. The officers of 
the Customs assure me, that the clandestine illegal 
Trade, cannot otherwise be prevented, than by cruisers 
properly station'd. I am inclin'd to believe that this 
method would most effectually put an end to illegal 
Trade, because all agree that the Trade with the French 
Islands, is now effectually stopp'd by the many seiz- 
ures made by his Majesties Ships of War by which 
some of the Merchants have been entirely ruin'd, and 
all of them have suffer'd greatly. 

After the strictest enquiry that I can make, not one 
Vessell has gone at any time since the commencement 
of the war from this Province, to Mississipy or Mobile, 
or to any French Settlement on the Continent, but I 
am told some Vessels have gone from some of the New 
England Collonies. 

Now Sir, after I have given you what information I 
have obtained, permit me to tell you what has been 
said in excuse. It is aver'd that this Trade has been 
highly advantageous to Great Brittain, by the great 
quantities of British Manufactures, in value far exceed- 
ing the value of the Provisions, & by the large returns 
in sugars ; & some pretend they can demonstrate this 
against the force of all contradiction. 

However this be, I shall punctually do my Duty, by 
observing his Majesties Commands and if anything 
farther comes to my knowledge, I shall from time to 
time inform you of it. 



To M B Collinson. 

New York, Oct r 27 th 1760. 
Sir, 

When I wrote to you by the last Packett I inform'd 
you of an unexpected change in my situation of Life. 



THE GOLDEN PAPERS. 29 

I had retir'd to the Country with a firm purpose to 
pass the remainder of life in such amusements as best 
fitted my age, & were most agreeable to my own incli- 
nations & for that reason I enter'd upon the philosophi- 
cal speculations which you have seen, in hopes however 
that they might likewise prove usefull. But by the 
Death of our L l Governour, I was laid under a neces- 
sity of takeing the reins of Government into my 
hands, which has produced as great a change with re- 
spect to myself as well could happen. 

All my amusing speculations are at an end at least 
for sometime, I am obliged to be perpetually in Com- 
pany &, to give a quite different turn to all my thoughts. 
However, I have this satisfaction that I was receiv'd 
with as much respect as I could desire, & the same re- 
spect continued. I have not heard of one discontented 
Person, or who wishes a change. The Assembly of 
this Province is now setting, the time is so short since 
they mett, that they have not had an opportunity of 
declareing their sentiments publickly but I have reason 
to hope that everything will be as I wish. 

I intend to write to the Earl of Halifax by the next 
Packett, which will sail soon after this, by which time 
they will have given publick evidence of their disposi- 
tion towards me. 

The removeing from private life to this publick sta- 
tion has already occasion'd so much expence that un- 
less it be thought proper to continue me longer than 
one year, it will rather be a prejudice to my private 
fortune than of advantage. I hope for some favour 
from my Lord Hallifax, & therefore I must beg of you 
to wait on him, to know his inclinations with respect 
to me. Perhaps if it be thought proper to continue me 
any time longer, they may incline to send me the com- 
mission of L l Governor, in order to give me the more 
influence. This I expect will be attended with no 
great expence as the Commission passes only under the 
signet and Sign manual. I propose to remitt to you 
by the next Packett a Bill sufficient for that expence. 



30 THE COLDEN PAPER8. 

You have on all occasions shewn yourself so much 
my friend that I think I may with pleasure give you 
this trouble, as it may be very useful to me & my 
family. May it now be in my power somehow to make 
a proper return. It shall be my constant and cheif aim 
to be usefull to the publick weal in my station, <fe my 
success in this will be, I know, the best return to you, 
tho' I should not have it in my power to do anything 
personally for yourself. If you be acquainted with 
M r Pownall Secretary to the Board of Trade, he can be 
of great use by giving you information & otherwise. 
I intend to write to him likewise by the next Packett 
My Son tells me you may make use of his money in 
your hands in case you want it for me, before I can re- 
mitt to you. My Dear Friend you see what confidence 
I place m you & that I am most affectionately Yours 
<fe c 



To M B Kemp Attorney General. 

Fort George October 11 th 1760. 

Sir, 

About an hour since I received a Letter from you 
by three Saylors, I desired them to tell you that I 
wish'd to see you as soon as possible, & I now write 
this to tell you that I think it your Duty to inform the 
Magistrates of what is come to your knowledge to 
apply to them in what may be necessary to be done by 
them, <fe likewise to advise them in the proper steps to 
be taken and I expect that in doing this you will make 
no delay, least such atrocious criminals may escape. I 
am Sir your most humble servant. 



THE COLDEN PAPERS, 31 

To the Hon*" Sir William Johnson B t 

New York Nov r 3 d 1 760. 
Dear Sir, 

I receiv'd the Honour of yours of the 23 rd of last 
month with the greatest pleasure, as I am thereby 
assur'd you had not forgot your old Friend, after a 
silence for some years from our very different situa- 
tions. Nothing in my present state can give me more 
pleasure than the hopes I have thereby of renewing 
that friendly intercourse which formerly subsisted be- 
tween us & of assuring you of the high respect I have 
allways retained. 

I am confident you will be pleas'd when you know 
that a very great unanimity subsists in the Govern- 
ment whereby I hope my administration will be made 
easy to me in my old age. The Assembly have resolved 
to give me the same support which they gave to the 
Lieu 1 Govern' & this was done almost unanimously. 

I was formerly a useless friend, It will give me the 

freatest pleasure if I now can be of any use to you & to 
ave many opportunities of convincing you with what 
high esteem I am, Sir 



To M B Kemp Attorney General. 

Fort George Nov r 3 d 1760. 
Sir, 

Captain Greatrakes and his Mate have preferred a 
Petition to me in Council, praying either to have an 
examination of the witnesses in order for their dis- 
charge or to be tryed by Commissioners speedily. I 
have ordered the Council to be summoned to meet to- 
morrow at eleven before noon in the Council chamber 
in the Fort to consider this Petition. I think it may 
be proper for you to attend at that time, especially as 



32 THE COLDEN PAPERS. 

I expect that M r Smith, Jun r , will appear on behalf of 
the Petitioners. 



To Major General Amherst. 

New York Nov r 8 th 1760. 
Sir, 

I have the honour of yours of the 4 th inst, & I shall 
give direction to the Mayor to have the Barracks in 
readiness for the reception of 4 Companies, which I 
am confident will not be disagreeable to the people of 
this place. 

This day I intend to put an end to the present Ses- 
sions of the General Assembly. Everything has passed 
with so much unanimity & to my satisfaction, & they 
seem to have so much confidence in me that I flatter 
myself his Majesties service will not suffer while the 
administration is in my hands. 

The only thing which has given me uneasiness is the 
necessity I was under of going into the Fort. I en- 
deavoured all I could after I was in the house as well as 
before to have prevented the inconveyniency which 
thereby has happened to your Excellency but it was 
not in my power. M r De Lancey I was told as soon as 
he knew that you declin'd going into his house wrote 
to M" De Lancey to prepare to go into it. Every op- 
portunity I shall have will give me the greatest pleas- 
ure in shewing with what great respect I am Sir 



To the Right Hon"** the Lords Commissioners 
for Trade <fe Plantations. 

New York Nov r 11 th 17«0 
My Lords 

On the 20 th of Septf last, I had the honour to write to 
your Lordships, at which time I transmitted under the 



THE COLDEN PAPERS. 33 

Seal Transcripts of the Acts passed in the last session 
of the General Assembly, while M r De Lancey had the 
administration. And on the 27 th of October I had 
likewise the honour to inform your Lordships of my 
having met the assembly & transmitted a printed copy 
of my Speech to them, w r hich was all I could do at 
that time. 

I have now the pleasure to inform your Lordships 
that I have not been disappointed in my expectations 
that the publick affairs would be carried on with una- 
nimity which I am w r ell assured was never more per- 
fect than at this time. The assembly have granted me 
the same Sallary they did to M r De Lancey, the doing 
this is certainly the most effectual testimony of their 
confidence and regard. At the same time I believe 
they were sensible of the extraordinary expence which 
unavoidably attends the administration at this time, 
from the excessive price of provisions and from other 
contingent expences not usual at other times. 

The Assembly was adjourned on the 8 th instant to 
the first Tuesday in January next. General Amherst 
having order'd the Packett to proceed immediately 
with his dispatches for the Secretary of State I have 
not time to give your Lordships a particular account of 
the proceedings. I can only at this time transmitt 
Printed copies of the Addresses of the Council & As- 
sembly I shall transmit copies of the Minutes of the 
Assembly and of the proceedings of the Council, as 
soon as they can be made out. I flatter myself your 
Lordships will not be displeased with anything I have 
done. 

My Lords, I have serv'd the Crown many years. I 
have often endeavoured to support the rights of the 
Crown to the prejudice of my private fortune. I hope 
your Lordships may think it consistent with his Ma- 
jesties service, to allow me to continue some time in 
the Administration a sa reward to my past services & 
encouragement to others. The confidence of the peo- 
ple and their regard is now so evident that I flatter 
3 



34 THE GOLDEN PAPERS. 

myself I may be as usefull as another, in promoting his 
Majesties Service. Sure I am, that how far so ever I 
may be exceeded in ability none can be more sincerely 
zealous for the interest of the Crown, or will more 
punctually observe any commands which shall be given. 
If your Lordships shall think proper to signify the 
Kings pleasure, that I may continue to execute the 
powers of the King's commission it will add to the 
influence I have for his Majesties Service. The Com- 
mission of Lieut' Govern' would be a stronger proofe 
of any confidence your Lordships shall please to place 
in me & thereby give me more influence ; but cannot 
be of any greater advantage to my private interest. 

Allow me to assure your Lordships of my constant 
attention to my Duty, that I may thereby merit your 
approbation <fc that I am w r ith great submission My 
Lords Y r Lordships <fc c 



To the Right iion blb the Earl of Hallifax. 

New York, Nov r 11 th 1760. 
My Lord, 

I had the honour of writeing to your Lordship on 
the 11 th of August last. Since which time I met the 
general assembly of this Province the 22 nd of last 
month, & adjournd them on the 8 th of this month to 
the first Tuesday in January. The people in general, 
and the assembly more particularly have given me the 
strongest evidence of their confidence. The assembly 
have granted me the same sallary the L* Governor had, 
and with more unanimity than it was done before. 

Lt Governor DeLancey's Interest was on the Decline 
before he dyed. His Brother M r Oliver informd me 
that he had his Majesties Mandamus to be of the 
Council but as thereby he must lose his place in the 
assembly, he declined making any use of it, till he can 
make interest to have the Lieutenant Governors eldest 



THE COLDEN PAPERS. 35 

son chosen in his place. He tryed his Interest and 
drop'd the attempt at that time : whether he will 
again renew his indeavours I know not, as he still 
declines to make use of his Mandamus. 

The greatest uneasiness I find the people under is 
from an apprehension that some needy person may be 
appointed to the office of Chief Justice in this Province. 
This has been occasioned by the late appointment in 
New Jersey. The people in general have received 
strong prejudices thereby ; but at the same time I 
must declare I know nothing of M r Jones, having never 
seen him. The Assembly had prepared an address to 
me to appoint a Cheif Justice during good beheaviour, 
which was shewn to me privately. It was most 
respectful as to myself, and 1 had interest enough with 
them to drop it on assuring them that I would repre- 
sent this matter to your Lordship. The people in 
general are desirous that a person of fortune among 
themselves be appointed. For this reason, I believe, 
an Assembly will never grant a Sallary sufficient of 
itself for the dignity of the office that needy persons 
may be discouraged to make application for it. 

On my former Letters to the Lords of Trade, I 
transmitted a memorial from M r Chambers Second 
Judge of the Supreme Court with his pretentions to 
the office of Cheif Justice in preference to others of 
this place. Tho' some think that he is not of bright 
parts, yet from what I can learn he will be the most 
acceptable to the people in general. 

From some conversation I had with the Speaker, 
when I persuaded the assembly to drop their address, 
I hope the Assembly will remain satisfyed with the 
appointment of a Cheif Justice during the Kings 
pleasure, on condition that I be allowed to pass a Law, 
that no Judge shall be suspended or removed by a 
Governor, otherwise than by express command from 
the King, or by desire of the assembly signified by 
publick address or by advice & consent of the Council 
signified under the hands of at least Seven of them. 



•" 



36 - THE COLDEN PAPERS. 

■ 

As this seems only to guard against arbitrary removal 
of Judges by a Governor, I resolved to mention it to 
your Lordship. 

Your Lordship has had more opportunities of know- 
ing me than any other person of distinction in England, 
for I have outlived all my particular friends there: 
and as the respect shewn me generally since I took the 
administration on me, makes me flatter myself, that I 
may be as usefull in his Majesties Service as another, I 
beg your Lordship's favour to continue in it some time. 
Perhaps under your Lordships direction I may be able 
to prepare matters in such manner as to make the ad- 
ministration of a Governor in cheif more easy & honor- 
able, for at present it cannot be consistent with the 
private interest of any person of distinction to accept 
of the Government of this Province in its present 
situation. 

My constant endeavour shall be to show myself 
worthy of your Lordship's patronage, <fc that I am with 
the greatest sincerity <fc submission My Lord, & c 



To M B Secretary Pitt. 

New York No v r 11 th 1760 
Sir 

On the 27 th of last month I had the honour to write 
to you, in answer to yours of the % 23 r(1 of August, a 
duplicate of which I now enclose. I was not able to 
get the Accounts from the Custom House mention'd in 
my former, before the Packett sail'd, but I have now 
obtain'd them, & inclose them with this. 

By these accounts you will perceive Sir that the 
exportation of Provisions has been cheifly colour'd, 
from the Ports of New Haven & New London in Con- 
necticut, & from Rhode Island and that the importa- 
tion of French Sugars, has been by colourings from 
the same Ports, & from Perth Amboy in New Jersey, 



THE COLDEN PAPERS. 37 

under the denomination of Prise Sugars & Brittish 
Sugars from Gaudaloupe. 

Being under a necessity to meet the Assembly of 
this Province, my time has been imployed intirely in 
the affairs of the Province, since that time, so far that 
I have not been able to inform myself farther ; but I 
shall not fail to gain all the information I can iu order 
to communicate it to you. In the meantime 1 beg the 
honour of being Sir & c 



To M B Peter Collinson, Merchant, London. 

New York Novem r II th 1760. 
Dear Sir 

The General has ordered the Packett to sail with 
his dispatches for the Secretary of State, so much 
sooner than I expected, that I am much hurried by 
writing to the*board of Trade, Lord Halifax & M r Pitt 
that I cannot write to you as I intended, for ever 
since my last I have been closely imployed with the 
Assembly of this Province. I have however the pleas- 
ure to assure you that the publick affairs never were 
transacted with greater unanimity than since I have 
had the administration. Nor has any Cheif Governor 
received more marks of respect than I have'receivd ; 
one strong instance of which, not to mention their 
Address is that the Assembly have granted me as large 
a Sallary as they have at anytime given to the Gover- 
nor in Cheif. I hope that my Lord Hallifax may think 
that I may be of as much use as another in his Majes- 
ties service & for that reason may think it proper to 
continue me in the office for some time. You have on 
all occasions been so much my friend that I perswade 
myself you will not take amiss my desireing you to 
wait on Lord Halifax to know his pleasure in this 
respect, or in case your business do not permit you, to 
imploy some other proper person for this purpose. 



38 THE COLDEN PAPERS.' 

I design likewise to write to M r Pownall Secretary 
to the Board of Trade, from which the inclinations of 
the Board of Trade may be more easily learn'd than 
otherwise. I expect that some compliment is to be 
made him for his trouble. 

The sudden going away of the Packett prevents my 
sending the Bill of Exchange as I design'd, but I 
expect it may come timely by the next Packett. 

I am obliged to use my son David's hand in writing 
this to you, not having time to do it in my own. I 
am 



To John Pownall, Esq., Secretary to the Board 

of Trade. 

New York November 11 th 1760. 
Sir 

You will see by the Letter I have the honour to 
write to the Lords of Trade & Plantations, that the 
affairs of this Province go on with great unanimity of 
which I have likewise wrote more particularly to my 
Lord Hallifax & from thence I hope they may think 
it consistent with his Majesties service to continue me 
sometime in the Administration. You will oblidge me 
extremely by informing me as soon as you can of their 
inclinations. I am very sensible of the favor it is in 
your power to do me, & for that purpose I have 
desired M r Peter Collinson to wait on you. 

Our Assembly seem not well satisfyed with their 
Agent M r Charles. Your name has formerly been 
mentioned among them the cheif objection has been 
your brothel's attachment to the Massachusetts Bay. 
As that, I presume, is now dissolvd, I shall be glad to 
know your inclinations as to accepting of the trouble 
of the Agency for this Province. If it suit your incli- 
nations it will give me the greatest pleasure to have 
you in the confidence of the people of this province, 
so far as to be of use to yourself as well as to them. 



THE COLDEN PAPERS. 39 

Please to make my respectfull compliments to your 
Brother & allow me to be Sir 



To the Lords Commis" for Trade & Plant 8 . 

New York No v r 11 th 1760. 
My Lords 

The Tyde not serving for the Packet so soon as I 
expected this morning I have time to inclose the pro- 
ceedings of the Assembly so far as they are printed, & 
a list of the Acts to which I have given my assent, 
which I had omited in my Letter of the same date 
with this. By the Titles of the Acts it will appear 
that they are for continuing Acts formerly in force & 
the principal of them for tne support of Government, 
& others for Highways & things of no consequence. 
The new acts of any consequence are only two. . One 
for the regulateing Seamens wages which I am assur'd 
is planned on an Act of Parliament to the same pur- 
pose for England which is thought not to extend to 
the Plantations tho' it be highly necessary for the 
benefit of Trade. The other is to prevent a fraud 
lately become frequent among debtors in this Province 
to the prejudice of their Creditors, by absconding or 
removeing out of the Province, while they have in 
Lands sufficient to pay their debts. But of these I 
shall give your Lordships a fuller Account when I trans- 
mit the Acts, & the reasons for my giving my assent to 
them at this time, which I flatter myself your Lord- 
ships will approve of <fc allow me the honour to be 
with great submission, My Lords 

The six foregoing letters went by the Harriot Packet 
Captain Brayly, who sail'd on the 12 th 



40 TUE COLDEN PAPERS. 



To His Excellency Major General Amherst <fc° 

New York Nov r 13 th 1760. 
Sir 

I have the honour of your Excellency's Letter by 
Capt n Daly ell, & I shall take care that the troops you 
have allotted for Long Island shall not be kept long on 
board, but as several vessells are arived lately from 
Sea, <fc no large vessels seen on the Coast, I suspect the 
Troops you mention are not destin'd for this Port. 

Yesterday I receiv'd a Letter from Gov r Ball dated 
at Charles Town the 21 8t of October, in which he de- 
sires me to forward his Letters to your Excelly as no 
time ought to be lost. My Letter came by way of 
Phil* and as no letters have come from him directed to 
your Excellency either to my hands or to the Post 
Office, I suspect they are inclosed in a Packet which I 
am told is from Gen 1 Monckton. But least it should 
be otherwise I think it proper to transcribe what M p 
Bull writes to me in relation to the affairs of that 
government, viz — 

Coll. Bird at the head of one thousand Men, besides 
near 400 "Rovers <fe Waggoners mostly arm'd, upon 
44 consultation with the Little Carpenter, thinks a satis- 
factory peace practicable, & has accordingly sent a 
44 Message to them, which he calls his last offers for' 
44 Peace, denouncing terrible vengeance in case they re- 
44 fuse to accept his terms. But he informs me of one 
44 circumstance which is prudently concealed from them, 
44 that if peace is not made, their frontier will be ex- 
44 posed, as his troops are to be disbanded in a few weeks. 
44 And as the Indians apprehending an attack from this 
44 Province as well as Virginia, begin to see their dan- 
44 ger, and I believe peace made while we have a re- 
44 spectable force reacly to enter their Country, may be 
44 made upon honourable & lasting terms, I have 
44 wrote very fully to General Amherst for some assis- 
44 tance, which I hope his Excellency will speedily send, 



THE COLDEN PAPERS. 41 

" and if he should not be at New York on the arival 
" of this Vessel, I beg you will forward my Dispatches 
" to him, as no time ought be lost therein." 

P. S. Oct r 24 th 1760. 

" I have the satisfaction to acquaint you, which I 
"sent out to relieve fort Prince George, lias happily 
" executed my orders in throwing in the Meat of 26 
" Beeves, 2550 w* of Flower, Match & a quantity of fire- 
" wood. The Indians who had assembled in the lower 
"towns to hear my talk, to the number of 2000, 1400 
u being Men, not being able to come to a determination, 
" as they were call'd upon by Coll. Bird as well as me, 
" were all gon over the hills to send a deputation to 
" him, the result whereof I must now wait." 

Sir I long much for the pleasure of seeing you in 
this place personally to acknowledge with what great 
respect I am & c 



To Major General Amherst at Albany. 

• 

New York Nov r 20 th 1760. 
Sir 

I have the honour of your Excellency's Letters of 
the 13 th & 16 th Instant. Saturday last, near Evening, 
Coll. Vaughan ariv'd with part of his Regiment in one 
of the transports. After some conversation with him 
he desird that his whole Regiment might be quarter'd 
on Long Island as they would not much exceed 500 
men which I have complied with <fe 1 have order'd 
quarters for them accordingly. The other Transports 
with the rest of his Regiment <fe the Dover are still 
kept at the Hook by contrary Winds. When Captain 
Herring went from this to Albany, I had not time to 
write <k suppos'd he would inform your Excellency of 
the disposition made of Coll. Vaughan's Regiment. 

On Saturday likewise arived a Vessel with Cloath- 
ing for several Regiments of the army under your 
Command, & yesterday 1 was told that she had the 



42 THE COLDEN PAPERS. 

Cloathing likewise for the four Independent Com- 
panies of New York, directed to the Commanding 
officer of these Companies. I cannot learn that any 
person has any direction as to this cloathing. The 
Governors of this place formerly had the Cloathing 
of these Companies, but how it is at present I know 
not. As the passage by Water to Albany may soon 
be shut up, I think to order them for Albany in a 
sloop now going thither, that the Men may have the 
benefit of the Cloathing this Winter, and that your 
Excellency may give the proper orders for that pur- 
pose. 

It gives me the greatest pleasure that you approve 
of anything it is in my power to do, for I really am 
with great respect Sir Y r <fe° 



To Gov B Bull of S° Carolina. 

New York Novem r 29 th 1760. 

Sir 

I have your kind favour of the 21 st & 24 th of last 
month. It gives me the greatest pleasure to observe 
that you retain favourable sentiments of me & that 
your friendship continues after such a distance of time 
since I had the honour of your acquaintance. I make 
no doubt it will give you some pleasure to Know that 
the affairs of this Government are carried on with 
great unanimity both in the Council and Assembly 
which contributes much to my ease in my old age, 
while the administration is attended with a much 
greater variety of incidents than usual. 

Perhaps it may be of some use to you to know the 
sentiments of the people in this Province with regard 
to the conquest of Canada <fe the restoreing of any part 
of it, for which purpose I inclose the addresses of the 
Council & Assembly. 



THE COLDEN PAPERS. 43 

General Amherst came to this place last Wednes- 
day, he tells me that he intends as soon as possible 
sending you a reinforcement of Troops. If I mistake 
not 12 Independent Companies, which arived lately in 
this Port from England <fc three Companies to be de- 
tach'd from the Regiments in this Province, but these 
last are not arived at this place from the Frontiers. 
Coll. Grant who was Major under Coll. Montgomery 
& Major Moneypenny are to command them. Coll. 
Montgomerie is gon to England. 

I am sorry to hear of the unhappy situation of your 
Province at this time. May your prudence in over- 
comeing all difficulties become thereby more conspic- 
uous, to your own honour, & the restoreing of tran- 
quility to your Province. This will give the greatest 
joy to Sir Y r <fc c 



To M R Pitt. 

New York Dec r 4 th 1760. 
Sir 

I had the honour on the 27 th of October <fe 11 th of 
last Month to write to you in answer to your Com- 
mands of the 23 r<1 of August last. I am now to inform 
you that, by advice of his Majesties Council of this 
Province, 1 have repriev'd Thomas Pearson, lately 
Mate on board his Majesty's Ship Mercury convicted 
in the Supreme Court of this Province of the Murder 
of Mary Allen & condemned to dye for that crime. I 
was at the sametime advis'd to recommend him, as a 
fit object for the King's Mercy. 

While the Ship lay in the River near this Town, 
this Man, being on Shore & in liquor was intic'd into 
a bad house kept by the above mention'd Mary Allen, 
a woman of an infamous character, where his pocket 
was pickt of nine guineas. This occasional a quarrel 
with Mary Allen, in which this unhappy Man wounded 
her with his sword, of which wound she dyed. 



44 THE C0LDEN PAPERS. 

Capt n Faulkener <fc all the officers of the Mercury & 
many of the Seamen gave a good character of this 
Thomas Pearson, certifyed under their hands, " that 
" he had constantly behaved himself soberly, dis- 
" cretely, honestly with much good nature & inoffen- 
" sively both on board and on Shore," and as he ap- 
pears to be penitent, the people of this place tho' he 
be a stranger in it, have compassion for him & wish 
that he may obtain the King's Pardon. 

But the report of the Judges, from the evidence in 
Court, as appears by the inclos'd Minute of Council, 
cheifly induced me to repreive him untill. his Majes- 
ties pleasure shall be known, <fc to recommeud him to 
the Kings Mercy & Pardon. 

I have the honour to be with great submission Sir 

(P r the Dover Man of War) 



To General Amherst. 

New York Dec r 26 th 1760. 
Sir 

This Day I receiv'd the inclos'd Letter from the 
Sheriff of Albany, which at his desire I communicate 
to your Excellency, & I beg the favour of your advise- 
ing me of what may be proper to be done. I am with 
the greatest respect Sir Y r most obeydient & most 
humble Serv* 



To His Excellency General Amherst, <fc c 

New York Dec r 28 th 1760 
Sir 

I am much obliged to your Excellency for your 
favour in writeing so largely on the subject of my 
last. I am fully satisfyed of the necessity your officers 



THE COLDEN PAPERS. 45 

have been under of useing force ; but at the same time 
it is possible they may sometimes have run into ex- 
cesses. 

Yesterday morning I desired M r . Scott the attorney 
to attend me. I did not see him till after twelve of 
the Clock, when I met him in the Street as I was 
going with M r Kennedy to make our compliments to 
you. At that time I told him that I thought his Client 
would have found redress, much more easily, & more 
effectually by address to your Excellency. He pro- 
posed to go with me, but I thought it improper to have 
that affair mentioned on the occasion of my waiting on 
you at that time, & he promised to attend you after- 
wards. It shall be my endeavour that in all com- 
plaints of this kind, the persons who think themselves 
aggrieved may apply to your Excellency for reliefe. 

In the present case, however, I cannot avoid have- 
ing pity for the Sheriff, without entering into the Mer- 
its of the cause of action, because he is only a meer 
Tool or Instrument of the Law. He is lyable for 
damages to the party, <fc to be amerced at the pleasure 
of the Court if he wilfully neglect to do his duty. 
He is not at liberty in the least to judge of the merits 
of the case. 

I can imagine to myself what troublesome guests 
nine soldiers and three women must be in a private 
family, when they may think, that they are sent there 
to satisfy the resentment of their officer. I must 
therefore entreat your Excellency to give orders for 
the relief of this distress'd family. I shall not answer 
his letter, till I shall know your pleasure as to his 
reliefe. Then I can write more fully to him &, to the 
Magistrates in relation to litigious suits against officers 
of the Army doing their Duty. 

You may be assured that nothing shall be wanting 
to do you pleasure which is in the power of Sir, Y r 
<fc c 



46 THE COLDEN PAPERS. 



To Jacob van Schaick, Esq., High Sheriff of 

Albany. 

New York Dec r 28 th 1760. 
Sir 

I have represented to the General what I think a 
peculiar hardship in your case, & from what I have 
learn'd from him you will receive immediate releife from 
my Lord Rollo, if what you have represented be true, 
as I presume it is. At the same time 1 must desire 
you to tell the Magistrates from me that they ought by 
all means to discourage litigious Suits against the 
officers in the army for things done in the execution of 
their Duty. Many things become necessary for the 
publick service which people may imagine to be illegal, 
but which the necessity of the service makes allowable. 
When it is considered what security in our property, 
religion & lives has been procured to us by tne army, 
I perswade myself that the people in Albany will 
think it more especially their Duty to shew their grati- 
tude by avoiding every occasion of dissention, <fc by 
cultivating unanimity with the army. Where any real 
injury has been done, I am perswaded they will receive 
redress more easily, speedily & more effectually by 
applying to the General or Commanding Officer than 
by employing of Lawyers. I shall be glad to know 
by the return of the Post what effect my mediation has 
had. I am <fc c 



To His Excellency General Amherst. 

New York Dec* 31 st 1760. 
Sir 

I have the honour of yours of yesterday & am much 
oblidged by the trouble taken in sending me the infor- 
mation which your Excllency has received from 
Albany. You will perceive by the inclos'd copy of 



THE COLDEN PAPERS. 47 

the Letter which I wrote by the last Post to the Sheriff 
of Albany, my desire to stop litigious suits &> I hope it 
may have the designed effect. 

On Monday last I received a petition signed by the 
Mayor Recorder <fc Aldermen & the Justices of the 
Peace in the City of Albany wherein they set forth 
that they had agreed with the Quarter Master as to 
the manner of quartering the officers & Soldiers now in 
that City, with which he seem'd well satisfy'd <fc 
to the content of all persons, <fc that the Barracks were 
capable of containing many more than are now in that 
city, notwithstanding of which people are since that 
time greatly distress'd by arbitrary quartering of 
soldiers on private houses & particularly the High 
Sheriff by haveing nine men besides women and child- 
ren quartered upon him. This petition is adress'd to 
me in Council, but as I expect every thing will be settled 
to the ease of the Inhabitants in consequence of your 
Excellency's orders by last Post & my Letter to the 
Sheriff I did not allow that petition to be read this 
day in Council when the Councill mett, that I may pre- 
vent all publick remonstrances. You know Sir what 
sense the people of England have of arbitrary quarter- 
ing of soldiers on private houses, & must beg of your 
Excellency to use your authority without delay to pre- 
vent any just complaint of this kind, otherwise it will 
be not in my power to put a stop to public clamor. 

I beg your pardon for saying so much on a subject 
which the World knows is entirely opposite to your 
own temper and inclinations. Nothing can give me more 
pleasure than to have an end put to these unhappy 
complaints in a manner which may be agreeable to you 
for I am with the sincerest gratitude & highest re- 
spect, Sir <fc° 



48 THE COLDEN PAPERS. 

To General Amherst, <fc c 

New York Jan y 2 nd 1760. 
Sir 

This Day afternoon I receiv'd the honour of yours of 
yesterday. I have order' d the Council to be summon'd 
to meet tomorrow at eleven before noon to advise on 
the subject of your Excellency's letter. I shall wait on 
you soon after I shall know their Sentiments. I am <fe c 



To John Pownall, Esq., Secretary to the Board 

of Trade. 

New York Jan y 5 th 1761. 
Sir 

1 have the honour of yours of the 18 th of October, in 
which you signify my Lords Commissioners for Trade 
& Plantations pleasure that I transmitt to them three 
or four setts of the last printed Edition of the Laws 
pass'd in this Province, with the Seal affixed to them. 
They are now out of print, <fe the Assembly have order'd 
a new edition to the present time, but this Edition I 
apprehend will not be ready in less than twelve months. 
If possible I shall obey their Lordships Commands, 
but it must take some time to examine the printed 
with the original Acts, which by ordering the Seal to 
be affix'd to them, I suppose is intended should be done 
& certifyed. 

At the same time I receiv'd your notification of the 
melancholy event of the King's death, & that I may 
soon expect the necessary forms for proclaiming his 
Present Majesty, together with Warrants for using the 
old Seals, Proclamation for continuing of officers & 
orders for the alteration of the Liturgy <fe c <fc c which 
I immediately communicated to the Council. It is 
their opinion that your Letter implies a prohibition of 



THE COLDEN PAPER9. 49 

E reclaiming the King using the old Seals or altering the 
iturgy, till such orders shall arrive. This may put 
the publick affairs under difficulties, as the present 
Assembly of this Province, dissolves by the Kings 
death <fc I cannot call a new Assembly without making 
use of the great Seal : and if I should use it without 
warrant for that purpose enterd on the Council Books : 
The legality of their meeting may be disputed. As this 
may be a great impediment to his Majesties necessary 
service I think it my duty to give you notice thereof as 
soon as possible. 



To the Right Hon™*" William Pitt, Esq. ins 
Majesties Principal Secretary of State. 

New York Dec. 27, lTrtO. 
Sir 

On the 6 th Instant I receivd a Letter from General 
Amherst, incloseing two Letters to him, one from 
George Spencer & the other from Augustus Bradley 
the first an insolvent debtor, the other committed for 
forgery, before he pretended to make any discovery. 
These Letters contain'd general informations of illicit 
trade carried on in this place. I laid them before the 
Council, who, after havemg spent a considerable time 
in examining of witnesses, came to the resolutions which 
I inclose, together with copies of the examinations 
taken before them. 

On the whole the Council was of opinion, that there 
was not evidence before them sufficient to order any 
prosecution In the reasoning on the nature of the 
Evidence, I observed that the Gentlemen of the Council 
distinguished between trade with the Enemies Colonies 
<fe trade with Neutral ports. All trade with the Enemy 
was allow'd to be prohibited ; but that the trade with 
the Neutral ports in the West Indies is only illegal 
under certain circumstances, <fc in certain commodities, 
& that this trade came not under the view of his Ma- 
4 



50 THE COLDEN PAPERS. 

jesties orders of the 23 nl of August last, signified by 
your letter of that date. 

Tho' as to my own part I have nothing farther to 
say than, that I shall do my utmost to discourage all 
illegal trade of every kind wherever I can discover it, 
cfe to prosecute vigorously all those who shall be dis- 
covered tradeing with the enemy : yet I think it may 
be of some use to inform you of some remarks made 
while these inquiries were before the Council. 

1. The Prohibition of exporting Provisions from any 
of the Collonies extends in general to every place ex- 
cept his Majesties Dominions, yet as the plain view of 
the Act is only to prevent the Enemies being supplied 
with provisions, it cannot be intended to prevent send- 
ing of provisions to the Portiguies & Spanish Islands, 
from whence all the Wines consumed in America are 
imported; because all the provisions imported to these 
Islands are consumed in them, & never reexported; 
and if no provisions be allowed to be sent thither for 
the purchase of Wines, they must be paid in cash, or 
by Bills of Exchange with evident prejudice to the 
trade of Great Brittain. The officers of the Customs 
in this Port keeping strictly to the Letter of the Law, 
made it necessary for the Merchants to export provi- 
sions to the neighboring Colonies, from whence they 
can send them out for the Purchase of Wines. 

2. It was affirm'd, that while the exportation of 
provisions to neutral ports from the Colonies is abso- 
lutely prohibited great quantities of provisions No 17. 
are openly & with proper clearances^ carried to 5 
the neutral ports from Great Brittain & Ireland ; from 
whence it was infer'd that the prohibition to the Colo- 
nies cannot serve the purposes of the Act, but is evi- 
dently of prejudice to the Trade of the Colonies, & in 
its consequence of prejudice to Great Brittain: for 
without freedom in Trade the Collonies are not able to 
pay for the Brittish manufactures consum'd in them. 

3. As to foreign sugars it was observ'd, that the 
sugars are generally imported in small Vessels, which, 



THE COLDEN PAPERS. 51 

tho' most proper for that trade in the West Indies are 
not proper to carry them to Europe. That the Duty to 
be paid for these Sugars in the Colonies, is only for so 
much as shall be consum'd in them ; because they are 
not subject to duty if they be reexported in the same 
Vessel, without being put on shore. That the officers 
of the Customs in this Port, adhering strictly to the 
letter of the Law, do not allow them to be put on 
shore for reexportation, or to be shifted from one ves- 
sel to another, & for that reason the Merchants are 
obliged to send them to the neighboring Colonies where 
they are somehow colour'd for reexportation. The 
Merchants alledge that in doing this they do not trans- 
gress the design of the Act, because the importation of 
foreign Sugars for reexportation is evidently for the 
benefit of Great Brittain, <fe the increase of the Brittish 
trade in foreign sugars cannot be too much incouraged 
where political reasons do not oppose it. It would 
certainly be of the highest advantage they assert, that 
all the Sugars of the foreign Colonies without distinc- 
tion could thus, or otherwise be brought to Great Brit- 
tain or their produce in foreign markets : for by this 
means Great Brittain must reap the whole benefit of 
the foreign Colonies. 

4. The Spanish Government has opened the 
Port of Monto Christi to the English, probably 
in order to strengthen that place as a barrier against 
the iucroachments of the French. It is said the English 
are allowed to enter that Port freely, and that they 
on exportation receive the Governors clearances for 
their Cargo. At the same time it is said the French are 
debard from Trade in that Port, nevertheless it seems 
clear to me that the Spaniards are allowed to pur- 
chase Sugars in the neighbouring French ports & are 
allowed to sell them to the English at Monto Christi. 
The Principal Trade from these Colonies is to this Port 
and other Spanish ports on Hispaniola, from whence 
it is said the Spaniards on Cuba are likewise f urnish'd. 
The vast increase lately of the exportation of Brittish 



02 THE C0LDEN PAPER9. 

manufactures to the Northern Colonies, more than can 
be occasioned by the Brittish Troop here, it is aver'd, 
is occasioned by this trade & will appear by the Cus- 
tom House books at London, Bristol and Liverpool. 
The demand for Brittish Manufactures, it is said, for 
exportation to the northern Colonies has sometimes 
been so great that the Market at those ports was not 
sufficient without six months previous notice. But of 
this you can Sir be better informd than I can, for I 
have no kind of mercantile intercourse. 

It seems evident to me that could a mutual inter- 
course in Trade be obtain'd, between the Brittish <fc 
Spanish colonies it must be highly advantageous to 
Great Brittain. Or could a Treaty be made with the 
King of Spain by which the Inhabitants of the Spanish 
Colonies were permitted to purchase provisions in the 
northern Colonies, & the Inhabitants of the Brittish 
Colonies to sell Provisions in the Spanish Colonies, & 
tho' this mutual intercourse were strictly confined to 
Provisions only, it would greatly advance the trade & 
riches of Great Brittain & cannot in any case be detri- 
mental to it. In truth it appears evident to me that 
tho' Spain should not allow any trade to their Colonies 
it must be of great advantage to Great Brittain to al- 
low the Spaniards a trade with their Colonies, because 
they can import nothing prejudicial to the trade of 
Great Brittain. 

The Northern Colonies cannot pay for their consump- 
tion of the British manufactures by their own produce 
exported only to the British colonies. The Brittish 
Sugar Islands consume but a small part of the Provi- 
sions rais'd in North America. The result of the whole 
trade of North America, takeing it in every shape is 
barely sufficient to pay the ballance due to Great Brit- 
tain. The Consumption of British manufactures in the 
northern Colonies increases in proportion to their ability 
to purchase them, <fc nothing can make the northern 
Colonies interfere with the Brittish manufactures, but 
their poverty or inability to purchase. 



THE COLDEN PAPERS. 53 

As the far greatest number of Inhabitants in the 
Sugar Islands are Negroes & the Climate hot, the con- 
sumption of the Brittish manufactures in these Islands 
can bear no proportion to the consumption in North 
America, supposeing the number of inhabitants equall, 
which however is far otherwise. The Indians in North 
America consume a greater quantity of Brittish manu- 
facture than the same number of persons in the Sugar 
Islands. 

I have inform'd you Sir of these things in hopes that 
my doing of it may be of use, not as an excuse for any 
remissness on my part. However as to prosecutions on 
penal Laws, I must beg leave to observe, that it is diffi- 
cult to prosecute with success against the bent of the 
people, while they are under the prejudice to think that 
the Sugar Islands have gain'd a preference inconsistent 
with the true interest of their Mother Country, <fc when 
a prosecution fails of success it is of prejudice to the 
service it was designed to promote. I endeavour to be 
a faithfull Servant, and if I appear such to you I hope 
to have the honour of being Sir <fc c 



To the Right Hon bli the Lords Commissioners for 

Trade & Plantations. 

New York Jau y 8 th 1761. 
My Lords, 

I transmit to your Lordships a printed copy of the 
acts to which I have given my assent. The Secretary 
tells me that it has not been possible for him to pro- 
cure transcripts for the Seal, nor copies of the Minutes 
of Councill by reason of the daily business which occurs 
in his office. I make it a rule to leave nothing undon, 
which at any time ought to be done. As this has given 
more than usual trouble in the office it is made an ex- 
cuse that somethings are not don which I expected to 
have been don in course. 



54 THE COLDEN PAPERS. 

TW the Acts to which I have given my assent be 
19 in number, few of them are of any consequence, as 
your Lordship may perceive from inspection of their 
titles. Some are necessary for the support of Govern- 
ment, in the usual manner, others for the continuance 
of Acts which have been usually continued from time 
to time, & others on trifling subjects which do not de- 
serve your Lordships attention, except two. 

1. The Act, Chap VII. For the better Government 
§ regulation of Seamen, in the Merchants Service. 
This I am assured is conformable to an Act of Parlia- 
ment for the same purpose, & is only made from a 
doubt that the Act of Parliament does not extend to 
the Plantations. 

2. The Act, Chap IX. For makeing process in Courts 
of equity effectual acjainst Mortgageors, who abscond 
and cannot be served therewith, or who refuse to appear. 
The reason of this Act is that Lands in this Countiy^ 
if not effectually improv'd yield no rent, & if improved, 
never a rent near the interest of the money for which 
they can be sold. The reason of this is, that great 
quantities in small parcels are continually ready to be 
sold, & the farmers chuse to bestow their labour where 
they think their posterity shall receive the benefit of it. 
I do not immagine that any objection will be made to 
this act, but if there should it may be repealed before 
it can take effect in any one case. 

I have the honour to be with great submission Y r 
Lordships <fc c 



To The Right Hon***" the Lords Commissioners for 

Trade <fe Plantations. 

New York Jan y 10 1761. 
My Lords 

Your Secretary has notifyed to me the melancholy 
event of the Kings death, & that the necessary orders 
in consequence thereof will be sent me. These orders 



THE COLDEN PAPERS. 55 

are not yet arriv'd, & as the Winter has sat violently in, 
I am affraid of my not receiving them in time to pre- 
vent all prejudice to his Majesties service ; chiefly by 
the want of a warrant to make use of the old seals, 
which M r Pownall informs me is preparing for me. 
The processes in the Courts of Justice are thereby in 
many cases at a stand, but what gives me most concern 
is that the General Assembly of this Province dissolves 
by the Kings death, as there is no provision made in 
this case eitner by act of parliament, or by act of this 
Province. The Council is of opinion that I cannot 
make use of the old seals without the Kings warrant 
for that purpose. If so I cannot call a new Assembly, 
& if I should take upon me to do it from the necessity 
of affairs, the legality of the writs may be called in 
question. 

General Amherst informs me that the future Mili- 
tary operations may require that a number of troops 
be raised in the northern Collonies for the next Cam- 
paign ; but this cannot be done in this Province with- 
out the concurrence of a new Assembly. It is there- 
fore become my duty to inform your Lordships of this 
least by your want of timely information the publick 
service suffer. 

After I had wrote so far. I was inform' d that the 
Governor of the Massachusetts Bay had proclaimed his 
present Majesty without waiting for particular orders. 
The people of this place & all the Churches are to be 
in mourning Sunday next. I have advised with the 
Council whether it be proper to proclaim his present 
Majesty without waiting for the orders mentioned in 
M r Pownall's Letter, as, by the severity of the season, 
the Ship which carries the orders may not be able to get 
into port. Their advice is to wait sometime longer, as 
they apprehend no inconveniency by the delay. I have 
the honor to be with great submission My Lords Y r <fc c 



56 THE GOLDEN PAPERS. 

To M B Peter Collinson, Merchant in London. 

New York Jan 7 10, 1761. 
Dear Sir 

I am much obliged by your communicating to me the 
reasons why my Lord Halifax did not at that time 
think it proper to comply with my request in appoint- 
ing my son of the Council. He is very condescending 
in giving his reasons, which are clearly of great force, 
& I think myself extremely obliged to him for his 
favoring me so far. If you think proper you may inform 
his Lordship of one thing, of which perhaps he is not 
apprized viz : M r Watts married the late Lieu 1 Gover- 
nors sister <fcM r Oliver DeLancey is a brother, both of 
them of the Council, & if their nephew be likewise 
appointed, it may give such a weight in the Council to 
one family as may prove uneasy to any Gov r & the 
more so when it is considered that very seldom more 
than five & six of the council at any time meet to do 
business as will appear by the Minutes of Council 
Transmitted to the Lords of Trade. The reason of this 
is that three of the Council live at a distance in the 
country, & one resides in England. However, I must 
at the same time tell you that I do not apprehend that 
the appointing of M r De Lancey will be of any per- 
sonal prejudice to me other than this, that one person 
in this place has been iuform'd from the Board of 
Trade, that I had recommended my son, & by another 
being preferred people may conclude without knowing 
the reason that my recommendation is of little weight 
However, if you imagine that any farther solicitation 
on this head may be disagreeable to My Lord Hallifax 
pray cease to give trouble. I am very gratefully & 
affectionately Yours <fe c 



THE C0LDEN PAPERS. 57 



To his Excellency Gov* Bernard. 

Fort George, N. York Jan y 16 th 1761. 
Sir 

At the same time that I had the honour of your 
Excellency' s of the 10 th Instant I received by his 
Majesties Ship Foy, the Originals of which I received 
from you the Duplicates together with Packets for all 
the other Governors on this Continent. I send by your 
Express all those to the northward of this place except 
to the Governors of Montreal & Quebeck which I have 
desired the General to forward by his Express. The 
Packets which I received from your Excellency, I 
forwarded this day by Express to Gov r Boone and 
Gov r Hamilton together with those I received by the 
Foy. I design to Proclaim his Present Majesty tomor- 
row, pursuant to the Form which I have receiv'd. I 
am with the greatest regard Sir <fc c . 



To Gov" Bull of S° Carolina. 

New York Jan y 16 th 1761. 
Sir 

I received the enclosed Packetts by Express from 
Gov r Bernard last evening, and a Ship being to sail 
this morning for Carolina, I am obliged to be in great 
hurry. I congratulate you on the King of Prussia's 
glorious victory gained over M. Daun, the 3 d of Novem- 
ber last, of which I enclose you an Account from the 
London Gazette. The Fowey Man of War, Capt n Ton- 
ning, arived last Evening & brought me the original 
Packets of which I had just before received Dupli- 
cates by way of Boston : He has the like dispatches 
for you & the Southern Governments, but does not 
chuse to send them by this vessel. I am <fc c . 



58 THE COLDEN PAPEKS. 



To the Right Hon blb the Lords Commissioners for 

Trade & Plantations. 

New York Jan y 17 th 1761. 
My Lords 

I had the honour of writeing to your Lordships the 
10 th of this Month, at which time I expected the 
Packet would have sailed, but after the ship was 
under sail, she was catched in the Ice & with difficulty 
was again brought into the harbour. Since which 
time on the fifteenth 1 had the honour of your Lord- 
ship's commands of the 31 gt of October last by his 
Majesties Ship Fowey, together with orders of his 
Majesties most honourable privy Council, to Proclaim 
his Majesty. At the same time I received his Majes- 
ties Warrants to make use of the old Seal of the Prov- 
ince until a new one be prepared together with four 
printed Copys of his Majesties Proclamation continuing 
all officers in the Plantations till his Majesties pleasure 
shall be farther signified. Under the same cover I 
received his Majesties Instruction for alteration in the 
Prayers for the Royal Family, all which I have com- 
municated to his Majesties Council for this Province. 
This Day his Majesty is to be proclaimed according 
to the Form transmitted to me with all the solemnity 
than can be in this Province. And I shall publish his 
Majesties Proclamation for continuing all officers untill 
his Majesties pleasure shall be known. I have likewise 
made out orders for the alteration in the Prayers for 
the Royal Family conformable to his Majesties Instruc- 
tion for that purpose. 

I received duplicates of all these by Express from 
Gov r Bernard nearly in the same hour on the 15 th in 
which I received the Originals. It shall be my con- 
tinued endeavour to convince Y r Lordships of my 
being with the greatest submission & regard to my 
Duty My Lords <fc c 



THE COLDEN PAPERS. 59 



To His Excellency Gov" Shirley. 

New York Jan y 20 th 1761. 
Sir 

I have now for a long time waited with impatience 
for a vessel bound directly from this to the Bahama 
Islands that I may have had the honour of paying my 
compliments to your Excellency, & of informing you 
that by the Death of L fc Gov r De Lancey on the 30 th of 
July last, the administration of Government has been 
in my hands since that time ; but either no vessel has 
gone since that time, or has gone without my being 
informed of it. 

On Thursday last I receiv'd from the Board of 
Trade by his Majesties Ship Fowey Dispatches for all 
the Gov" on the Continent & for yourself <fe the same 
day duplicates by Express from Boston which I was 
directed to forward. One of these I forwarded for you 
under cover to Lieut. Gov r Bull by a Ship which 
sailed the next day ; but the multiplicity of business 
which fell at that time upon my hands prevented my 
writing to you. I now send likewise under Cover to 
Gov r Bull, either the original or duplicate of the Dis- 
patches for you, or I had put them together I cannot 
say which. 

Now I can with pleasure inform you, that every- 
thing in this Government since I took the administra- 
tion upon me, has passed as much to my satisfaction as 
I could wish. Every one endeavours to make it easy to 
me at this time, while in my old age a greater share of 
business falls to uiy lot than has been usual. I per- 
swade myself from your friendship that you will 
receive some pleasure in knowing this. It will give me 
the greatest pleasure to be of any use to you in my 
present situation, & I beg of your Excellency freely to 
command me : for I am with the greatest respect Sir 



60 THE COLDEN PAPERS. 



To Peter Templeman, Esq*, Secretary to the So- 
ciety FOR InCOURAGEMENT OF ARTS, MANUFAC- 
TURES & Commerce, The Strand London. 

New York Feb y 6 th 1761. 
Sir 

I have the honour of yours of the 16 th of September 
which came to my hands the 15 th of last month in- 
clos'd from the Secretary of State's office. I am truly 
sorry that it is not in my power to answer the expecta- 
tions you have entertain'd: for I should think it a 
great honour in any shape to assist in promoting the 

Surposes of the Society for incouragement of Arts 
[anufactures & Commerce. 

To your Query, u Do any Herbs or species of grass 
" grow in your Country during the most inclement part 
" of the year (the winter Months) so as to supply all 
" sorts of Cattle at that time with vegetating food." 

I can only answer that I know of none. The Deer 
which are the only kind of Wild Cattle which we have 
& likewise our own cattle, while the ground is covered 
with snow to some Depth, live on Acorns, Chesnuts & 
Beech nuts ; but when it is covered they eat the bark 
& tender tops & buds of Trees and Shrubs or the Moss 
which grows on the trees. The farmers who cultivate 
unimproved Lands, are under great difficulties in sup- 
porting their Cattle for some years in the Winter Sea- 
son, & for that purpose cut down trees for the Cattle 
to broust or feed on the tender tops. 

All the Grass kinds which we use in our cultivated 
Upland either for Pasturage or hay have been imported 
from Europe. I know of none of them natives of 
America. They are never found so far as I have 
learn'd where they may not reasonably be thought to 
have been produced from the Dung of Horses or 
Cattle, when their Seed was not sowed on purpose to 
produce them; we have several natural grasses in our 
wet meadows which answer well for feed or hay, but 



THE COLDEN PAPERS. 61 

in no shape so far as I know preferable to the grasses 
common in Europe. 

There is one observation 1 have had frequent oppor- 
tunities of makeing. It is common in parts of the 
country thinly settled to suffer their cattle to feed in 
the woods till the ground is covered with snow, where 
when there is plenty of acorns the cattle keep in good 
case ; but it has a bad effect on Cows with Calf : for 
when they calve next spring they never clean, & be- 
come exceeding poor & weak & frequently dye. For 
this reason I carefully keep my cows from feeding in 
any place where they can find acorns. By this I have 
always avoided this dangerous disease, to which my 
neighbours Cows were yearly incident, when they did 
not take the same precaution. 

The Parliament of Great Britain has appeared de- 
sirous to promote the makeing of Pottash in the Colon- 
ies & have given considerable incouragement for dis- 
coveries in the manner of produceing it, but it has 
hitherto proved unsuccessful, tho' several have 
attempted it. Wood for that purpose may be had 
without any expense where new settlements are mak- 
ing, for the Owners gladly give the wood to any who 
will bum it or clear the soil of it. In this City where 
there are 2000 Dwelling Houses above 20,000 Cords of 
Wood are yearly burnt the ashes of which may be had 
at a low price. I can attribute the want of success in 
the production of Pottash only to the Ignorance of the 
manner of produceing it with the least expence. May 
not a number of people well skill'd in the manufacture 
of Pottash be procured for America & sent over to 
America at a less expence than the prcemiums which 
have been given, or some few persons may be sent to 
Russia to inform themselves there of the best method 
of makeing Pottash at the least expence. 

Tho' I have little ability to assist your honourable 
& truely worthy Society, I do not want the inclination 
in any shape within my power &, therefore I shall 
esteem it a great honour to receive your Commands, & 



62 THE COLDEN PAPERS. 

I am likewise ambitious of meriting the honour of 
being Sir Y r most obeydient humble oerv*. 

Sent by M r Nicholson in the Ship Capt n Davis. 



To Gov" Bull of S° Carolina. 

New York, Jan y 20 th 1761. 
Sir 

I had the honor to transmit to you on the 16 th Instant 
by Capt n Jacobson who sail'd that Day for Charles 
Town, several Packets from the Board of Trade which 
I received the Evening before by Express from Boston. 
Under my cover to you there was a Packet for your- 
self, one for the Gov r of North Carolina, one for the 
Gov r of Georgia <fc one for the Gov r of the Bahama 
Islands. In' the Inclos'd there is another Packet from 
the Board of Trade for G r Shirley; You will be 
pleased Sir to transmit it to him by the first oppor- 
tunity. I am <fe c . 



To the Right Hon blb the Lords Commissioners for 

Trade <fc Plantations. 



New York Feb y 18 th 1761. 
My Lords 

By my Letter of the 30 th of August last I informed 
your Lordships that four men belonging to his Majes- 
ties Ship Winchester Commanded by Capt n Hale had 
been kill'd by the Crew of the Ship Sampson of Bris- 
tol of which Osborn Greatrakes was Commander. In 
that Letter I informed your Lordships what steps had 
been taken to bring the offenders to Justice. 

Sometime afterwards four of the Sampson's Crew, 
beside the master and his Mate, were taken & com- 
mitted to Jail. In Oct r sessions of the Supreme Court 



THE COLDEN PAPERS. 63 

Indictments were prefered against the Master & Mate, 
but the Grand Jury found the fact to be committed 
without the body of the County. 

Greatrakes <fe his Mate continuing in Jail by a new 
mittimus a Petition was presented to me for their dis- 
charge or to be brought to tryal b) T a special Commis- 
sion as the Ship was detained thereby to the great loss 
and damage of the Owners. Which petition being 
laid before the Council for their advice <fe the Attor- 
ney General being of opinion that a Commission might 
issue for trying the Offenders on an Act passed in this 
Province the 19 th of April 1699 Instituted An Act for 
restraining & punishing Privateers <fc Pirates. 

A Commission was issued accordingly by the advice 
of his Majesties Council. What has been done in pur- 
suance of this Commission will appear by the Report 
of the Commissioners a Copy 01 which I enclose. 
Greatrakes and his mate sailed away in the Ship in a 
few hours after their discharge. 

I should have informed your Lordships of this by 
the preceding Packet, had I not daily expected this 
report to be made to me which was delayed by the 
sickness of M r Morris Judge of the Admiralty and 
first in the Commission. I received it this Day. 

I am told that several Acts in Baskett's Edition of 
the Acts of New York in 1718 are noted to be re- 
pealed, of which repeal not the least Evidence appears 
any where in this Province. This may deserve your 
Lordships attention, as I make no doubt the Judges 
continue to proceed upon them as of force. I am with 
great submission &\ 

By the General Wall, Capt* Leutwidge. Sail'd 
March 3 rd . 



64 THE COLDEN PAPERS. 



To tiie Right Hon" 11 The Lords Commissioners 

for Trade & Plantations. 

By the Gen 1 Wall, Capt. Leutwidge. Sail'd March 
3 rd . Duplicate by the Harriott Packet Boat, Capt n 
Boraly. Sail'd May 16 r 



!th 



New York Feb* 28 th 1761. 
My Lords 

General Amherst by his Letter to me of the 26 th of 
August last, informing me that his Majesties Troops 
were in possession of Fort Lewis, that thereby the 
settlements on the Mohawk River w r ere effectually 
secured, & as the improvement of the settlements 
already along that River, & the cultivation of the 
unclear'd Country cannot but prove of the greatest 
advantage to the Province, he recommended to me the 
issuing a Proclamation inviting the People thereto, & 
assureing them of peaceable & quiet abode in their 
habitations. By the advice of his Majesties Council 
1 issued a Proclamation accordingly, in consequence of 
which 'several persons have applied to me for Licences 
to purchase Lands in that part of the Country & for 
Grants of Lands. 

That the Attorney General might be informed of 
the restrictions & Reservations directed by his Majes- 
ties Instructions for Granting of Lands <fe to be inserted 
in the Letters Patent of which he makes the Draft, 
I gave him copies of the Instructions on that head. In 
consequence thereof he sent me a memorial, in which 
he represented the difficulties he was under by a seem- 
ing contradiction in the Instructions. 

By the 51 6t Instruction the Patten tees are to culti- 
vate & effectually improve a certain quantity of Land 
in a reasonable time which by advice of Council is now 
limited to three years after the end of the present war, 
under the penalty of the forfeiture of the Grant : & by 
the 57 th Instruction they are not to cut down any pine 



THE COLDET* PAPERS. 65 

Trees fit for Masts under the same penalty. In some 
Cases it is impossible to cultivate effectually without 
cutting down such Pine trees, so that whether the 
Grantee do cultivate or do not he is subject to a for- 
feiture of his Grant. 

I communicated this Memorial to the Council who 
have it now under consideration. In the debates in 
Council it was remarked that this is laying the inhabi- 
tants of this Province under greater difficulties & hard- 
ships than any Inhabitants to the Eastward are under 
in the Charter Governments, or to the Westward in 
the Proprietory Colonies of New Jersey and Pensilva- 
nia & may discourage the settling of lands in this Pro- 
vince. That without cutting down Pine Trees which 
may be fit for masts, the Inhabitants of the Province 
in general cannot have boards <fe Planks every where 
necessary for their buildings, all ship building must 
cease & the navigation be greatly distressed. That 
the Lands now petitioned for are at such a distance 
from New York and Albany, that it is improbable any 
Masts can be transported from thence, that in most 
parts of the country where the timber consists of Oaks 
and Walnuts, a few straggling pine trees may be found 
which may be of great U9e & necessaiy for the Grantee, 
<fc yet by cutting them down he subjects his Lands to 
forfeiture, tho' otherwise they remain useless & an 
incumbrance till they rot. It was supposed that the 
King would not take advantage of this clause, where 
it was so prejudicial to the Grantee, & of no use to 
his service, but it was answer'd that it was not proper 
to leave people to the discretion of an Attorney Gen- 
eral or other officer. It seems inconsistent with the 
English Constitution & all good government to make 
the property of the subject precarious <fe may be pro- 
ductive of great mischief. I humbly presume it is my 
Duty to mention these things, as deserving your Lord- 
ships consideration & I mention them with less reserve, 
that I expect few, if any, of the Grants in which these 
difficulties have arisen can pass while the Ad minis tra- 
5 



G6 THE COLDEN PAPERS. 

tion remains in my hands, considering the time that 
must necessarily pass in making the purchases & other 
previous steps. 

I have been lately inform'd that one John Lydius of 
Albany has combined with members of the Inhabitants 
of the several New England Governments to settle the 

Greatest parts of the Lands lying to the Eastward of 
[udson's River & Southward of Crown Point, so as to 
take in all that Tract mention'd in your Lordship's 
Letter of the 13 th of June last & included within the 
bounds mentioned in the Petitions recommended by 
General Amherst to M r Secretary Pitt & likewise 
includes the very spot on which Fort Edward is built, 
<fc takes in several tracts of Land heretofore granted 
by the Governors of this Province, yielding Rents to 
his Majesty at the rate of 2/6 for eveiy huudred Acres. 
The whole of what this Man claims contains more than 
a million of Acres, but not one settlement at present 
made. 

This Man, I am inform'd, was several years sup- 
ported by the Government of Massachusetts Bay, in 
opposition to the Jurisdiction of New York, before the 
time that the boundaries between Massachusetts Bay 
& New Hampshire were determin'd since which time 
Massachusetts Bay makes no claim to these Lands; 
but New Hampshire pretends to the same claim which 
the Massachusetts had. While the Jurisdiction of his 
Majesties Governments remains thus contested, & law- 
less people may take advantage of it, & settle in those 
parts of the Country without any regard to the Author- 
ity of any Government, under the pretence of Indian 
Purchases, which, I believe, is the present case. While 
these disputes as to Jurisdiction remain, these Lawless 
people are often defended, or may be, in their illegal 
proceedings by one Government in opposition to the 
Jurisdiction of the other: & a regular settlement & 
improvement of the Country under a due course of 
law is prevented, & the king is deprived of his Quit 
rents. For these reasons, I have, by the advice of 



THE COLDEN PAPERS. 67 

Council, issued a Proclamation, of which a copy is in- 
closed. 

I am clearly convinced that the Province of New 
York extends Eastwards as far as Connecticut River, 
that New Hampshire can have no pretence to the west- 
ward of that Kiver, being bounded westward by the 
neighbouring Governments, & by no other boundary. 
The truth ot what I now assert I am confident will be 
evident to your Lordships after perusing what you will 
find enter'd on the Minutes of Council of this rrovince, 
the 18 th of October 1751, & more fully & clearly in 
the Minutes of the 2 nd of March 1753, which I make 
no doubt have been transmitted to your Lordships. 

As many mischiefs & great inconveniencies daily 
arise, from these contentions, as to Jurisdiction, it 
seems evidently necessary that an end be put to them 
as soon as possible : which may be soon done as to the 
disputes between New York & New Hampshire, by 
his Majesties declareing his pleasure therein : for both 
the right of soil & the Jurisdiction in both Govern- 
ments are immediately in the Crown. 

With respect- to the dispute between New Hamp- 
shire & New York, I shall beg leave to observe that 
by the boundaries of the Province of New York, the 
right of Jurisdiction is evidently in New York, as far 
east as Connecticut River, I can conceive no reason for 
abridgeing that Jurisdiction, but on the contrary every 
reason from Policy & Conveniency seem to favour it. 
New York is now become the most considerable of any 
of the Northern Colonies, as to commerce both by sea 
<fc Land. Its situation gives it a superior advantage 
both by Sea & Land, beyond any of the others, espe- 
cially as to the Inland Trade thro' the Great Lakes. 
The abridgeing the Jurisdiction of New York anywhere 
to the Westward of Connecticut River must be at- 
tended with a. General inconvenience to the Inhabi- 
tants to the westward of that River, as the Trade & 
Commerce to the westward is, & can only be carried 
on from the city's of New York & Albany by Hudson's 



68 THE COLDEN PAPERS. 

River. It must lay all contending parties in that part 
of the country, but more especially the merchants of 
New York under great inconveniencies to be under 
the necessity to go to Portsmouth in New Hampshire 
for redress. 

While the People of New York are indolent, as to 
the Kings Rights, every private man in the Charter 
Governments thinks he has a share in the general prop- 
erty, & the people in general are fond of extending 
their claims, & are pleas'd with every artifice for delay, 
in bringing them to a determination, in hopes after the 
example of Connecticut that the King for the quieting 
the Minds of his People, will give up his Right If 
this be a reason why the Massachusetts indeavour to 
delay a determination, it is requisite, in my hunible 
opinion, on the part of the King, that an end be put 
»to it as soon as possible. This, it seems to me, can 
only be done in two different methods, viz : Either by 
Writs of Intrusion issued from the Courts of New 
York by the Kings order to his Governor with directions 
at the same time to the Massachusetts Government to 
plead to the Jurisdiction of New York, if they resolve 
to defend their claim, in order to bring the affair to a 
final determination by appeal which may be better 
.done in England than any where else, as the whole 
dispute depends on the construction of Words in the 
Massachusetts Charter. Or by Special Commission to 
determine the Dispute. In the last method commonly 
twelve are appointed. The expence arising on the 
execution of such commission, by delatory pleas & 
proceedings, is unavoidably so great, that the Assembly 
of this Province, as I am inform'd, are unwilling to give 
an unlimited credit for that purpose ; but if the other 
method be thought proper <fc legal of which I am no 
judge, they will, I believe, freely contribute to the 
Expence in America, 



THE COLDEN PAPEKS. 69 



My Lords 

In pursuance of the orders which I received from 
his Majesties privy Council, I proclairu'd his Present 
Majesty in the form transmitted to me, as by a printed 
Copy of that Proclamation inclos'd. It was done 
with all the solemnity that could be in this place. 

It was the unanimous opinion of his Majesties Coun- 
cil for this Province, that the Assembly dissolved on 
the notification of the late King's death : ' & I haveing 
received a Letter from General Amherst dated the l 8t 
of January, in which he acquaints me, that the services 
which still remain to be put in execution for compleat- 
ing the great object of the war in America, will require 
the farther aid and assistance of his Majesties good <fc 
faithful American Subjects, wherefore he desired me 
to be ready for the immediate compliance with the 
King's Requisition for such a number of Men from 
this Province, as shall be thought requisite by his 
Majesty to answer the proposed end of procureing a 
good <fe lasting peace, which requisition he doubts not 
I will receive soon. 

In compliance with this desire, I issued Writs, by 
the advice of Council, for the Election of Representa- 
tives in Assembly, who by the Writs are to meet on, 
Tuesday next, the soonest that could be done after the 
Proclamation of the King ; but as yet I have received 
no Requisition or other signification of his Majesties 
pleasure. The Packet, which I am informed, sail'd in 
December last, is not arived, <fc the General haveing 
ordered the Packet now in this place, to sail unex- 
pectedly, I am more hurried in my writeing than I 
expected to have been for which reason I beg your 
Lordships to excuse any inaccuracies or indistinctness 
that may have happened. I am with the most intire 
submission My Lords Y r most obeydient & most Hum- 
ble Servant 



70 THE GOLDEN PAPER8. 



To Sir W m Johnson B t . 

Fort George March 7 th 1761. 
Dear Sir 

I have the favour of yours of the 20 th of last Month, 
which I delayed Answering by the return of the Post 
that I might be better inform'd of something in it. It 
shall be my particular care that the Indians shall not 
be deceived in any purchases of Lands made while I 
have the administration that they be made openly & 
fairly. 

If they have, or shall hereafter receive any injuries, 
represented to me in such manner that I can redress 
them, it will give me pleasure to do it, & I will do it 
with the greater pleasure that I know it will be agree- 
able to you. Please therefore to assure the Indians of 
my firm resolution to that purpose. That they may 
be the more convinc'd of this, you may put them in 
mind of what I did in the year 1736, after they had 
complained to me of the Injuries done them with 
respect to the Land in which Livingston was concern'd, 
& that to prevent the like for the future the regula- 
tions as to the purchase of Lands from the Indians 
were made at my instance. 

1 am told that Clock has only purchas'd a Quit 
Claim for that Land without any Warrantee, & 
therefore the Indians are in no worse state in that 
respect than before, but perhaps better, as the Living- 
stons <fc c are under no obligations to defend that title. 
You know that redress in such like cases can only be 
obtain'd by process in Common Law or Equity, & how 
the charges of such a prosecution can be defray'd, I 
know not. 

I know nothing more of Ury Clock & Eve Pickard 
more than what you write. No application has been 
made to me on their behalf. 

I have at present no thought of issuing new Com- 
missions of the Peace. Whenever I do 1 shall have 



THE COLDEN PAPERS. 71 

perticular regard to your recommendation. In case 
any application be made I shall be glad to have the 
names of the Persons you recommend & your reasons 
for prefering them to others in such manner that your 
reasons may be communicated to the Council whenever 
any nomination shall be made. 

Since I had wrote so far M r Hartwick has applied 
to me for Letters patent for two Tracts of Land on 
the south side of the Mohawk River. One of which 
is a Tract of Six Miles square on Susquehanna River. 
The Deed of purchase of this is in proper form <fe 
the satisfaction of the Indians certifyed under your 
hand, so that I think there can be no dispute with 
them as to this tract. The other is in the name of 
Godfred Miller, Adam Sheffer and others, bounded 
northerly by the' Lands granted to Peter Wageuer <fc 
others, westerly by John Lindsay ife others, southerly 
T>y Volkert Outhout & others, & westerly by Otsega 
Lake & by the first Tract. The purchase of this last 
is not certifyed in due form. The Council advis'd the 
late L fc . Gov r to grant this on your affidavit that the 
purchase was made in your presence & a note given 
by Hartwick for the payment of 350 Dollars the 1 st of 
May following or at the time of surveying the Land. 
Please to inform me whether the Indians will be satis- 
fy ed on the payment of the 350 Dollars as indeed they 
ought to be. I suppose one will be deputed to survey 
it as soon as the season will permit. 

Be assured that I shall be fond of every opportunity 
to serve you cfe that I am with great regard, Sir & e 



. To Gov* Bull of S° Carolina 

Fort George New York March 16 th 1761 
Sir 

I send by Captain Francis Commander of his Majes- 
ties Ship Greyhound two Packets from the Secretary 



72 THE COLDEN PAPER8. 

of State, one for yourself <fc the other for the Gov r 
of No. Carolina which I received from Capt n Lee of 
his Majesties Ship Tamer who tells me that he has 
orders not to stay longer than 3 weeks & to sail 
within that time as soon as I shall dispatch him. I 
inform you of this that you make use of this oppor- 
tunity in case you think your Letters can reach this 
place in time. The Earl of Leicester Packet sail'd the 
29 th of December was taken &> carried into Brest 
The Hariot Packet sail'd the 17 th of Jan y . not arived. 
The Tamer sail'd from Plymouth the 29 th of Jan y . 

My family are in their usual health &, publick 
affairs easy. It will give me pleasure to have the like 
accounts from you. I am with great regard Sir, <fc c . 



To Capt n Francis of the Greyhound Man of 

War. 

Fort George New York March 16 th 1761. 

Yesterday I received by Capt n Lee two Packets, one 
for the Gov r of S° Carolina & the other for the Gov r 
of N° Carolina. From the Contents of my own Let- 
ters, which I received at the same time. I judge that it 
is much for his Majesties Service that tne letters be 
deliver'd as soon as possible, & being inform'd that his 
Majesties Ship Greyhound under your Command is 
bound to S° Carolina I commit them to your care. I 
am Sir. Y re <fc c . 



To Gen l Amherst. 

N. Y. March 25 th 1761. 
Sir • 

Coll. Cursa of the New York Provincials shew'd me 
a Petition, which he proposes to give into the Assein- 



THE COLDEN PAPERS. 73 

bly, for the money due on account of billeting the 
Provincials which the Q r Master Gen 1 had stop'd for 
the arms which have been lost. As the Inhabitants 
on whom the Men were billeted <fc who are certainly in- 
nocent must suffer thereby, I am unwilling to have 
such a Petition presented least it should give discon- 
tent, & be prejudicial to his Majesties Service at 
this time. 

He tells me that he thinks a considerable number of 
the Kings arms may be discovered in the Country, for 
which purpose that some ocasion be taken to call the 
several Regiments together & that some persons be 
appointed to inspect their arms <fc to seize all those 
which were furnish'd by the King. 

If your Excellency approve of this method I hope 
you will think it proper to oriler the money due for 
billeting to be paid. I have directed Coll. Cursa to 
wait on your Excellency for your farther information. 
I have nothing so much at heart as to do my duty in 
what is expected from me at this time <fc at all times 
to convince your Excellency that I am with much zeal 
Sir Y r most Obeydient & faithfull Serv 1 



To General Amherst. 

N. Y. March 29 th 1761. 
Sir 

Inclos'd are the Resolves of the Assembly which I 
received yesterday afternoon. I delay'd communicating 
them to your Excellency till I should discourse with 
some of the Members who told me that a smaller num- 
ber viz : 1000 had been proposed to be levied, & that 
rather than risque a division they thought it best to 
agree to a Compromise of 1400. I am likewise told 
that they will not agree to impress in case a sufficient 
number of volunteers cannot be obtain'd, by the gra- 
tuity allowed, otherwise than by first passing the 



74 THE COLDEN PAPERS. 

Act for Levying the^Men without any clause for im- 
pressing ; but in case it proved ineffectual then to 
impower me to impress for the numbers deficient, & 
that they will meet again at a certain day for that 
purpose. I formerly told your Excellency that I ap- 
prehended a difficulty in obtaining a power to impress 
after the people think the Country safe from the Ene- 
my. I am sorry to find my opinion confirm'd. The 
example of New Jersey & Pensilvania is strongly 
urged, who have hitherto raised Men without any 
power to impress : <fc the majority of the members are 
perswaded that the numbers propos'd to be levied by 
the gratuity may be obtain'd. I intend to call the 
Council tomorrow for their advice whether it be 
prudent to press the Assembly farther to raise the 
whole number required by the King, & to add the im- 
pressing clause. If the Council be of opinion that 
nothing more can be obtain'd, it may be impolitic to 
urge the matter farther. 

As I have nothing so much at heart as the promote- 
ing his Majesties Service at this critical conjuncture of 
affairs, Y r advice will lay the highest obligation on 
S r Y r <fc c 



To William Nicholls, Esq., Speaker of the Gen- 
eral A88EMBLY. 

Fort George March 30, 1761 

at night. 
Sir 

I am exceedingly disappointed after the expectations 
I had given me by yourself & several other Members 
of your house, tliat the House would amend their 
former resolves in respect to the number of Men to be 
raised and for that reason I delay'd sending a publick 
message to the house which otherwise I must be under 
a necessity of doing in terms which will free me from 
any neglect of duty.. I am this night very credibly 



THE COLDEN PAPERS, 75 

informed by one directly from New Haven that the 
Assembly in Connecticut had agreed among themselves 
to raise the full number required by the King, tho' the 
resolution had not then passed in form, and I believe 
every other government will do the same. You must 
judge then what must be the consequence with the 
King and his Ministers if the Assembly of this Prov- 
ince choose to distinguish themselves from all others 
by a publick disregard of the King & by an endeavour 
to defeat as much as they can the measures which his 
Majesty has taken for procureing a peace with glory to 
his crown <fe especial advantage to the Colonies in No. 
America. It is with great uneasiness that I am under 
a necessity to write this letter to you <fc will be under 

much greater if I shall be forced to send a publick 

message. I am with great regard, Sir. 

I am desirous that the Representatives save their 

reputation in publick appearance as I am perswaded 

tliey are truely Loyal. 



To the Right Hon*" M b Secretary Pitt. P b the 

Tamer Man of War Capt* Lee. 

New York, April 5 th 1761. 

I have the honour of his Majesties Commands by the 
"triplicate of your letter of the 17 th of December last. 
1 called the Assembly as soon after the receipt of it 
^s could be done, & pressed the compliance with his 
^Majesties pleasure without delay, by all the arguments 
«fc other means, which I thought conducive to that pur- 
pose. It was with some difficulty they were perswaded 
to levy the full two thirds of the Men they raised last 
year. They give the same rewards for voluntary inlist- 
ment, the same pay & cloathing they did last year, 
but I could not prevail on them to insert a clause for 
impressing in case the number proposed could not be 



76 THE COLDEN PAPERS. 

obtained by a voluntary inlistrnent. All I could obtain 
is that in case a thousand Men be not enlisted in four 
weeks from the time I pass the Bill that they will 
then meet by my adjournment and compleat the num- 
ber to a thousand Men by an Act for impressing. 
Neither could I obtain that the Men should be con- 
tinued longer than the first of November, tho' I repre- 
sented strongly the great inconveniencies that might 
be occasioned thereby in case the Regulars could not 
return before that time, or that there is no probability 
of their returning so soon. 

That you may the better understand the reason 
why the Assembly refused to insert the clause for 
impress, I must beg leave to inform you of the method 
of impressing which during the present war has been 
used. Every man in the Province not privileged is 
obliged to enlist in the Militia. The number of Men 
raised by the Province amounted to nearly one fifth 
part of the whole Militia. By the clause in the former 
Acts the several Captains of the Militia were required 
& empowered to detach a certain number of Men out 
of each company, which as I observed amounted to one 
fifth of the whole, ife if the persons so detach'd refus'd 
to go they were subjected to the Articles of War to be 
punished as Mutineers or Deserters. This was looked 
on as a Severity which could only be justified by the 
necessity of the service, pro Aris et focis. They think 
there is no such necessity now. They are of opinion 
that as the service on which they are now to be em- 
ployed is only a service of fatigue, & the rewards pay 
& cloathing higher than can be obtained by common 
wages, the number requir'd may be rais'd without 
impressing, & in confirmation of this it is said that the 
Levys in New Jersey <fe Pensilvania had been made 
without impress, but by the gratuity given for volun- 
tary inlistment which was not greater than is now 
given by this Province. The reason assign'd for not 
extending the time for which they are to mlist beyond 
the first of November is that the Men will not enlist 



THE COLDEN PAPERS. 77 

for a longer time. On this point the Assembly was 
inflexible, notwithstanding that the great inconveni- 
encies which may happen by the Provincial Forces 
deserting their posts in the absence of the Regular 
Troops, have been strongly represented to them, & 
they believe as well as I do that they will all of them 
think themselves discharged at that time & will imme- 
diately disband. 

The Assembly is to meet again in four weeks to 
enforce the Levying of a thousand Men in case that 
number be not enlisted by that time, & I shall then 
again try what can be done to remove this great incon- 
veniency of the Mens disbanding on. the l 8t of Novem- 
ber whatever may happen, but I believe nothing can 
be done until his Majesties pleasure on that head be 
strongly enforced by you, &> which you may do some 
sufficient time before the l 8t of November. 

As the transactions between me & the Assembly are 
xmmediately under the observation of Gen 1 Amherst, 
1 Jiave the comfort under my disappointments that he 
lias by Letter to me of yesterdays date "I am per- 
^ waded that nothing has been omitted to remove the 
clifficulties which I have mention'd above. This zeal 
makes me flatter myself that when you meet them 
again at the time appointed you will be more success- 
zf all & be able to prevail on them to agree to the clause 
of impress & to lengthen the time of service." 

I have with the greatest chearfullness used my utmost 
endeavours to promote his Majesties Service, & tho' 
I have not succeeded according to my wish, T hope it 
will appear that I have done my duty faithfully & 
that I am with entire submission Sir 



78 THE COLDEN PAPERS. 



To the Right Hon bl " the Lords Commissioners fob 

Trade & Plantations. 

New York, Ap. 5 th 1761. 
Per the Tamer 

My Lords 

The last Letter I had the honour to write your 
Lordships was of the 28 th of February by the General 
Wall Packet Boa*. 

His Majesties Council for this Province were unani- 
mously of opinion that the general Assembly of this 
Province dissolved on the late King's demise ; & 
General Amherst having by letter of the 1 st of Janu- 
ary acquainted me that his Majesty might require the 
farther assistance of his faithful American subjects for 
the prosecution of the war ; in order that I might be 
in readiness to comply with the Kings requisition, I 
immediately on receiving the notification of the late 
Kings demise issued Writs for the election of Repre- 
sentatives to serve in General Assembly who accord- 
ingly met on the 10 th of March last <fc after setting 
a week were adjourn'd to the 24 th as I had not then 
received his Majesties Commands. 

Some of the Gentlemen who had had the most influ- 
ence, & had cheifly taken the lead in the former Assem- 
bly were not elected for the present Assembly, and tho' 
some other Gentlemen attempted to take lead at this 
time they were not able to establish themselves so well 
as is necessary for carrying on of business. This has 
laid me under some difficulties in promoting his Majes- 
ties Service. 

On my message to them of the 24 th of March, in 
which I informed them that his Majesty required that 
they sliould make provision for raising two thirds of 
the Men which they had done the former years, they 
passed a vote for raising only 1400 men. I applied 
myself earnestly to get the Assembly to make provi- 



THE COLDEN PAPERS. . 79 

sion for the whole number required : at first I only 
succeeded so far as to obtain a vote for an addition of 
the deficient number but not to be made a part of the 
bill ; however, at last I perswaded them to form the 
Bill for makeing provision for the full number requir'd 
viz 1787 Men officers included, & they altered all their 
former Votes makeing them agreeable to this last reso- 
lution. I mention these particulars that your Lord- 
ships may be apprised of the difficulties I have been 
under from the new Assembly not haveing yet estab- 
lish'd a proper confidence <fc unanimity among them- 
selves. 

In this Sessions a Bill was brought into the house 
Intituled A Bdl to remove doubts & scruples occa- 
sion'd by the King's death & for other purposes 
"therein mentioned. This odd Title alarm'd me some- 
^vhat, as it might appear that they intended to keep 
"the purport of it from me <fc from their Constituents. 
J thought it adviseable to get them to stop the Bill at 
"this time, while his Majesties necessary service re- 
quired all our attention, <fe it has not pass'd the House. 
The intention of the Bill Was to establish the Courts of 
Judicature of the Province by Act of Assembly, & to 
oblidge me to grant the Judges commissions during 
good behaviour, with a clause that they might be 
removed by the Gov r or Commander in cheif on an 
address from the Assembly, or by advice of at least 
seven of the Councill signifyed under their hands. I 
thought it necessary that they might likewise be 
remov'd on the King's pleasure signifyed under his 
signet & sign Manual ; but in what manner they may 
form the Bill, should they hereafter proceed in it, I 
cannot tell ; this much 1 thought it proper to inform 
your Lordship of. 

By the method which I propose the prerogative of 
the Crown will be preserv'd <fc the arbitrary proceed- 
ings of a Gov* will be guarded against. The Lawyers 
are endeavoring to raise a distinction between the 
authority of Commissions when they are continued by 



80 THE GOLDEN PAPERS. 

Act of Parliament, & where it is done by the King's 
Proclamation. Every thing of this kind I shall endea- 
vour to discourage as much as possible, as I think they 
may be productive of bad consequences. 

Since I began to write my Letters I have been 
disabled by accident from writeing in my own hand 
and I trust your Lordships will excuse 



i myc 

it, &\ 



To John Pownall, Esq* Secretary to the Board 

of Trade. 

New York April 5 th 1761 
P r the Tamer Capt n Lee. 
Sir 

I have the favour of your most oblidging & kind 
Letter of the 10 th of Jan y , the expectation which you 
are pleas'd to have of my Services will excite me to 
the strongest efforts not to disappoint you ; at the 
same time the knowledge I have of my own inability 
gives me uneasiness, least I shall not be able to perform 
what you expect of me. The greatest application to 
my Duty shall not be wanting, and especially to shew 
my gratitude for your unmerited friendship. 

In the first place I return you my most sincere 
thanks for the hope you have given me of the Lieut* 
Gover* Commission, & that you will take the trouble 
of sending it to me. I had formerly, & shall now 
again direct M r Peter Collinson to defray the expence 
of that or any other service you do me. May I never 
appear undeserving of the honor thereby bestowed on 
me. 

I am fully convinced that T cannot do the Province 
a greater service than by induceing them to appoint a 
gentleman of M r Burke's great merit to be their Agent 
Some others to whom I have communicated the matter 
think as I do, but the present circumstances of our 



THE COLDEN PAPERS. 81 

publick affairs have rendered it impossible to proceed 
in it at this time. 

The Assembly dissolved on the notification of the 
Kings death. By the time the New Assembly could 
meet, I received his Majesties Commands by M r Secre- 
tary Pitt's Letter of the 17 th of Dec r to use my outmost 
endeavours with them to levy two thirds of the Men 
which they had raised the last year. By the Packet 
Boats being taken which carried the original <fe the 
Second Packet which carried the Duplicate, being dis- 
abled at Sea, I received the triplicate first by the 
Tamer Sloop of War. The season of the year was so 
far advanced that I was under a necessity of applying 
xny whole attention to the promoting the Kings Ser- 
vice in this one point. The leading Men while M r De 
X»ancey had the administration are left out in the new . 
-Assembly. A new set of Men want to take the Lead 
T)ut the members as yet are so much unform'd among 
"themselves that it is extreamly difficult to manage 
them. However I have in some instances been able to 
j>erswade them to change their resolutions in favour of 
the Service, tho' I have not obtain'd all that may be 
requisite in case the Provincial Troops are to be con- 
tinued in the Winter, as it seems to me it will be re- 
quisite, if we have not peace before that time. When 
the necessity of retaining them appears more evident I 
hope to be enabled to retain a considerable part of 
them. 

You see Sir the reason why I am not able to give 
you that satisfaction in respect to the Agency which I 
earnestly wish to do, not only as it may give pleasure 
to you, but what in my opinion & in the opinion of 
some others may be of the greatest use to the Province. 
The difficulty is that he is not so much as known by 
name to any person in this place, or in what situation 
he stands, but I hope the character you have given of 
him & his being your friend will be sufficient to re- 
move this difficulty. At the same time 1 must tell you 
some others have different views. Nothing on my part 
6 



82 THE COLDEN PAPERS. 

shall be wanting to accomplish what I have* much at 
heart, <fc to convince you that I am with the greatest 
earnestness, Sir <fc c 



To the Right Hon bl " The Lords Commissioners fob 

Trade <fc Plantations. 

By the Harriot Packett Capt n Braily. Sail'd from 
the Hook the 20 th . 

New York, May 15 th 1761. 
My Lords 

I now transmit to your Lordships Transcripts of 19 
Acts to which I gave my assent last fall <fc of two Acts 
to which I gave my assent in April, with the great 
Seal of the Province affix'd to them. In the same Box 
are the Minutes of Council from the 2 nd of August 
1760 to the 2 nd of March 1761 and Journal of the Pro- 
ceedings of the Council from the 21 8t of October to the 
8 th of November 1 760. And the Journal of the Votes 
& Proceedings of the Assembly from Sept r 1760 to 
April 1761. 

Tho' the Acts to which I gave my assent last fall are 
19 in number, few of them are of any consequence, as 
your Lordships may perceive from inspection of their 
Titles in the enclos'd list of the Acts. Some are neces- 
sary for the support of Government, others for the con- 
tinuance of Acts, which have been usually continued 
from time to time, and others on trifling subjects which 
do not deserve your Lordships attention. The only 
Two new acts pass'd at this Time, which appear of any 
consequence are Tlie Act for the Better Government and 
Regulation of Seamen in the Merchants Service. This 
I am assur'd is conformable to an act of Parliament for 
the same purposes, and is made from a doubt that the 
Act of Parliament does extend to the Plantations. And 
the Act for makting process in Courts of Equity effec- 
tual against Mortgagers §c. The reason for this Act 
is that Lands in this Country if not effectually im- 



THE COLDEN PAPERS. 83 

proved yield no rent, and if improved, never a rent 
near the Interest of the money for which they can be 
sold. For as great quantities of Land are continually 
ready to be sold in small parcels the farmers chuse to 
l>estow their labor, where they think their posterity 
shall receive the benefit of it, rather than on lands the 
property of others, however low the rent may be in 
proportion to the value of the lands. I do not imag- 
ine that any objection will be made to this act, but if 
"there should it may be repealed before it can take 
effect in any one case. 

The Act for raising paying cj- cloathing 1787 Men 

2o be employed for Securing his Majesties conquests in 

-America to which I gave my assent in April last, is in 

pursuance of his Majesties Commands signifyed to me 

T>y M r Secretary Pitts Letter of the 1 7 th of December 

last And is similar to the Acts passed in former years 

:for the like purposes, except that in this there is not a 

clause for impressing Men in case the number required 

could not be compleated by voluntary inlistment. I 

could not prevail with the Assembly to insert such a 

clause in the present Act & was therefore oblidged to 

pass it as it is, especially as I am informed that none 

the other Governments have used any compulsive 

of methods for enlisting men. 

The other Act is to revive an Act for regulating the 
Pilots <fec wdiich has been found necessary & usefull, 
<fe this Act is only a revival of it. 

With this I have likewise the honour to transmit to 
your Lordships a Report of the Council on the Quit 
Rents and Grants of Lands in this Province, the Reason- 
ings in which are so clear & full that I think it need- 
less to trouble your Lordships with any observations 
on it. 

My Lords, 

I met the Assembly of this Province again the begin- 
ning of this Month, in hopes of perswading them to 
enable me to compleat the quota of Men to be levyed 



84 THE COLDEN PAPERS. 

in this Province by passing an Act for impressing the 
deficient number, but tho' i press'd this strongly they 
would not yield to it : alledgmg that as 1000 men were 
already inhsted, there was a good prospect of the whole 
being compleated by voluntary inlistment which would 
save much uneasiness and expence to the people of the 
Province. I must defer giving a particular account of 
this Sessions till after they are ended, which I expect 
will be soon. 



To John Pownall, Esq., Secret* to the Board of 

Trade. 

May 16 th 1761. 
Sir 

In yours of the 18 th of October last you signifyed 
my Lords Commissioners for Trade <fc Plantations 
pleased that I should transmit 3 or 4 Sets of the last 
printed Edition of the Laws pass'd in this Province, 
with the Seal affixed to them. Tho' I am extreamly 
desirous of complying with their Lordships Commands 
in every respect, I am not able to do it in this, first 
because I cannot obtain more than one set of them the 
whole Edition being sold off. And next after the 
most serious consideration & advice upon the matter, I 
do not apprehend that I can with propriety affix the 
seal to a feook which contains the Editors Preface, <fc 
other things which are not part of the Laws, and it 
would have given great trouble to examine every law 
with the original, as must be done before I can affix 
the seal to them. 

This Edition of which I send one copy, was made 
by two Gentlemen of Character in the Law, who were 
authorised by an Act of Assembly to overlook Records 
<fec necessary for this purpose, & had a Sum of money 
allowed them for their trouble. A new edition is pro- 
posed to be made of the Acts to this time w r hich wnen 
publish'd I shall send. 

By the last Packet I had the honour to receive his 



THE COLDEN PAPERS. 85 

Majesties approbation of an Act pass'd in this Province 
in I)ec r 1759 to impower Justices of the Peace, Mayors 
Recorders & Aldermen to try causes to the value of 
j£5, & under & for repealing an Act therein mentioned. 
And the Report of the Lords of Trade & Plantations 
to his Majesty on the said Act. I am &° 



To John Pownall, Esq, Secretary to the Board 

of Trade. 

May 16 th 1761 
Sir 

I have had my hopes greatly disappointed by not 
laving a line from you by the last Packet. The great 
changes in the Board of Trade leave me no room to 
cloubt of the reasons of it. You will do me the 
greatest act of kindness by informing me as soon as 
possible what I may expect or hope ior. It is gener- 
ally believ'd that General Monkton is already nomi- 
nated for this Government & that his Commission will 
soon be transmitted over. This has produc'd all the 
effects usual upon such occasions, & has I am affraid 
lessened my influence so much that I doubt of succeed- 
ing in what you did me the honor to mention to me in 
favour of M r Bourk, & which I had much at heart, 
however I shall not entirely give over hopes nor lessen 
my endeavours for that purpose. I am but just begin- 
ning to recover strength after a severe illness which 
was beginning when I last wrote to you & I have not 
had it in my power to do what otherwise I might have 
done. Pray make my most respectful! compliments 
to your Brother. It will give me great pleasure to 
hear of his success. I am with the greatest gratitude 
& affection Sir Y" &° 

N. B. The 3 foregoing Letters, & a Duplicate of the 
Letter to the Board of Trade of Feb y 28 th went by the 



86 THE COLDEN PAPERS. 

Harriott Packet, Capt n Braily, who sail'd the 20 th May 
from the Hook. 



To Gen l Amherst. 

N. Y. June l 8t 1761 
Sir 

This morning G l Monckton did me the honour to 
inform me that the Sheriff of Albany is dead & that 
your Excellency desired to have Hermanus Schuyler 
appointed Sheriff of Albany. It gives me the greatest 
uneasiness to make the least hesitation in obeying your 
commands. The members of Assembly for the City 
& County of Albany the day they left this place told 
me that it was not expected that the Sheriff of Albany 
could live long, & that as it had been usual to have 
the Sheriffs appointed on recommendation of the mem- 
bers they hoped that on the death of the Sheriff I 
would appoint on their recommendation which I prom- 
ised I would. I have received their recommendation 
of Guisbert Merselius by their letter of the 28 th of last 
month <fc the same person is likewise recommended by 
the Mayor of the City & Judges of the Court M r 
Schuyler's character may be as little known to your 
Excellency as it is to me, but I suspect if he should 
be generally disagreeable to the officers of the Court 
& the inhabitants, many inconveniencies may follow. 
However, if you continue of opinion that it will be 
more for his Majesties Service to have M r Schuyler 
appointed rather than Merselius (they are both equally 
unknown to me) Y r Excellencys Commands will 
absolve me from my promise. I shall make no ap- 

t)ointment till I know your pleasure in answer to what 
[ now write. 

It is my Duty & I have it greatly at heart to please 
you in every thing I do as I hope thereby to preserve 
the undeserved friendship with which you have hon- 
oured Sir Y r <fe c 



THE COLDEN PAPERS, 87 



To Sir William Johnson B t . 

N. Y. June 2 nd 1761. 

Dear Sir 

I have the honor of your congratulation of the 1 2 th 
of last month on my recovery, & your kind declara- 
tions of Friendship. 

The Day that the Members of Albany left this 
place they told me that it was thought the Sheriff of 
Albany could not live many days & hoped that I 
would take their recommendation in case of his death 
for another to succeed him, which I promised I would 
& they have recommended Guisbert Merselius. Yes- 
terday morning at the same time I received their 
recommendation G 1 Moncton came to me <fc in G l Am- 
hersts name & his own recommended Hermanus Schuy- 
ler, This is so powerful a recommendation that I can- 
not withstand Only I have taken the liberty of inform- 
ing G 1 Amherst of my previous promise, but in case he 
continues to think that the appointment of Schuy 
ler is more for his Majesties Service I shall think 
myself absolved from my promise to the Albany mem- 
bers. You may see the difficulties I am under & 
that I often cannot serve those I am most desirous of 
serving. 

It is really true that by my indisposition the affair 
of the Land you mention had entirely escaped my 
memory. 

I had several times discoursed with M r Banyar on 
that subject & have again lately. We were both of 
opinion that it would be attended with perhaps insu- 
perable difficulties in Council otherwise than by some 
compromise with the Gentlemen who had obtained a 
Licence to purchase the same Lands. M r Banyar tells 
me that he had wrote largely on that subject for which 
reason I think it needless to add more. 

Every disappointment in serving you gives me pain, 



88 THE COLDEN PAPERS. 

but I hope to have the pleasure of shewing with what 
high esteem <fc respect I am Sir 

By the Ship Prince George Capt n Finglass. 



To THE Rt HoN BLlc THE LoRDS COMMISSIONERS FOR 

Trade <fc Plantations. 

New York June 2 nd 1761. 
My Lords 

On the 15 th of May last I had Ihe honor to transmit 
to your Lords ps Transcripts of all the Acts to which I 
had given my assent since the administration came 
into my hands with the seal of the Province affixed to 
each of them together with the Minutes of Council 
from the 2 nd of August 1760 to the 2 nd of March 1761, 
& Journal of the Proceedings of y e Councill from the 
21 8t of October to the 8 th of November 1760 and the 
Journal of the Votes <fc Proceedings of the General 
Assembly from Sept r 1760 to Apriri761. 

With this y r Lordships will receive printed copies of 
five Acts to which I gave my Assent the 19 th of May, 
<fc the printed votes <fe proceedings of the General 
Assembly from the 5 th of May last to the 19 th at which 
time they were adjourned. 

Your Lordships will see the reason of my calling 
them together at that time from my Message to them 
the sixth. G 1 Amherst thought it proper that I should 
press the Assembly to enable me to raise the full num- 
ber of Men provided for by the Law past at their last 
meeting, by compulsory methods, tho' I told him at the 
same time that I did not expect they would comply. 
This was verified by their Answer on the 9 th as in tneir 
printed votes. 

Besides the 5 Acts to which I gave my assent the 
Council and Assembly passed two other Bills One 
Intituled An Act to prevent disputes § controversies 



THE COLDEN PAPERS. 89 

• 

which may arise by (lie Demise of the Crown, § for 
othei* Purposes therein mentioned. The other An Act 
providing that the Judges of the Supreme Court shall 
have their commissions during good behaviour as to 
which I took time to consider. 

The objections to the first of these Bills which 
occurred to ine were: 1. The Title of the Bill is in such 
general terms that no man from it can judge of the real 
contents of the Bill. 2. Three different Matters are 
put in the same Bill which is expressly forbid by his 
Majesties 12 th Instruction. 3. It is of an unusual & 
extraordinary nature whereby his Majesty's prerogative 
may be affected, <fe has no clause restraining its takeing 
effect till his Majesties pleasure be known, <fe therefore 
contrary to the 14 th Instruction. 

The first part of this Bill is framed on a supposition 
that all acts of Government after the King's death tho' 
impossible to be known at that time, are illegal & void. 
In my humble opinion while the King's death is abso- 
lutely unknown it can produce no effect. Knowledge 
with a power of deliberating are the objects of all Law 
& for this reason Laws do not extend to Brutes, Ideots, 
& Madmen. It seems to me, with submission, an abso- 
lute absurdity, to say that a man can be restrained 
in his Lawfull acts by any matter or thing of which it 
is impossible for him to have any knowledge. That 
the allowing anything to be a maxim in Law, which is 
in itself absurd & destructive of common sense & 
reason may be of pernicious consequence. It is estab- 
lishing a kind of Law Popery & productive of similar 
consequences. By setting Law & Common sense in 
opposition, Lawyers may obtain a most extensive 
power over the Minds of the rest of Mankind. 

That part of the Bill relateing to Courts of Justice 
is express'd in such terms that I suspect its design <fc 
purpose is willfully obscured in order to conceal it. 

As to the other Bill relateing to the Judges it may 
be sufficient for me to observe that it is framed in con- 
tradiction to the 39 th Instruction. There is no fixed 



90 THE COLDEN PAPERS. 

• 

Sallary to the Judges. It is from year to year on the 
pleasure of the Assembly, & while they are thus 
dependant on the people for their Subsistence this Bill 
may be highly prejudicial to the just rights of the 
Crown & the Acts of Trade. 

Inclos'd are copies of these Bills that your Lord- 
ships if you think proper may give directions iu case 
they should be again introduced as I suspect they may. 

Inclosed are likewise a duplicate of my letter of the 
18 th of February & of the Report of the Commis- 
sioners of Oyer & Terminer for holding an Admiralty 
Sessions which went by the Packet wnich was taken 
by the Enemy. I am with the greatest Submission, 
My Lords. 



To His Excellency Gr L Amherst. 

New York June 8 th 1761. 
Sir 

About this day week G l Moncton having proposed 
to me that Capt n M c Carthy a French officer on his 

Jarole from Jamaica should be ordered to reside at 
amaica on Long Island in case he did not go to Eng- 
land by the first Vessel as he told me that he intended; 
1 desired Gr l Moncton to give orders accordingly. 

This day a Ship has sail'd for London & M r Whee- 
lock tells me that McCarthy is not gone, but that he 
proposes to go in a vessel to Holland which is to sail 
in a short time. On which I advis'd him to obey the 
orders which he had received from G l Moncton. By 
the Company M c Carthy generally keeps I suspect that 
he is upon some scheme of illegal Trade. * 

I beg your Excellency to give me directions as to 
what may be necessary to be done in relation to M c - 
Carthy. Whether it be proper to allow him to go in 
any Ship directly to Holland or to any other part of 
Europe except England. In my opinion your pleasure 
will be most effectually observed by puting him under 



THE COLDEN PAPERS. 91 

the immediate care of your own officers, & for that rea- 
son I beg your Excellency to do it. G l Monckton is 
now at Philadelphia that I cannot advise with him. 
M r Wheelock this morning has mentioned some other 
French he has discovered m Town. I intend immedi- 
ately to make inquiry after them. Pray let me have 
your commands in respect to such as may come pri- 
vately in our own Vessels as I suspect these have don. 
I am Sir Y r <fc c 



[To General Amherst.] 

New York June 18 th 1761. 
Sir 

I have the honor of your Excellency's Letters of the 
11 th &, 14 th . Before I went into the Country I order'd 
the Magistrates to make search for what French men 
are in the place & to confine them to their lodgings 
which I am told has been done. Captain Wheelock at 
my desire has seen most of them, &, examined them as 
to the reason of their coining to this place, <fe I shall 
give farther directions as you desire. 

I shall make particular enquiry into M r Scott's char- 
acter & business here. I had heard nothing of him 
before I received your Excellency's Letter, but since 
that time I am told that he speaks perfectly all the 
modern Languages, & that he is a Man of Learning <fe 
perticularly skill'd in chemistry. He talks of going 
to Quebec. I shall inform myself more perfectly. 

Last week before I went into the Country I gave 
orders that all the Men inlisted in the Pay of this 
Province should be sent up to Albany, & I expect they 
will all sett out for that place before the end of this 
week. Coll. Thody & Brewingtone have been con- 
stantly employed in forwarding the inlistments in the 
several Counties <fc in mustering the Men, <fc I think 
both of them have been diligent <fc of more use than 
they would have been at Albany. Coll. Brewingtone 



92 THE COLDEN PAPERS. 

is gon to Albany & to take along with him what Men 
are inlisted along Hudsons River besides those already 
gone up. Coll. Thodey will go up with the Suffolk 
County Levies which have been the most dilatory. I 
expect them before the end of the week. 

Yesterday I appointed in Council Hermanus Schuy- 
ler Sheriff of Albany and directed his Commission to be 
made out & sent to the Clerk of the County that he 
may give the usual security before it is delivered. I 
expect it will go by this Post. It gives me the greatest 
pleasure when I have an opportunity of shewing that 
I am with the greatest respect Sir Y r most obedient & 
faithfull Servant. 



To the Mayor of New York. 

Fort George June 8 th 1761. 
Sir 

Since I spoke with you in the forenoon I have 
thought it necessary to desire that you will give orders 
to all the French men who are in this place, & are not 
prisoners of war here, or such as have passports, that 
they confine themselves to their Lodgings. I must 
likewise desire that yrtu will make enquiry how & for 
what purpose they came here & make Report thereof 
to me, or that in case you are going out of Town your- 
self that you would direct some oi the Magistrates of 
the City to do this Service & that they make Report 
to me of what they shall have done, I am <fc c 



To the Hon ble Henry Moore Esq L t Gov* of 

the Island Jamaica. 

New York June 23 rd 1761. 
Sir 

As soon as I received yours of the 10 th of January, 



THE COLDEN PAPERS. 93 

I called the officers of the Customs, and communicated 
it to them. Before they made any Report to me, I 
was taken dangerously ill that I could not attend pub- 
lick business for six weeks, & afterwards it escaped 
my memory for some time. You will perceive by the 
report that the General Johnson was lost on this Coast, 
as by two certificates from the two insurance offi- 
ces in this place. Inclos'd is a copy of her clearance 
from Jamaica. The Phenix did not come to this 
Port. It will give me the greatest pleasure to have 
any opportunity of shewing with what great regard I 
am Sir 



To General Amherst. 

N. Y. June 24 th 1761. 
Sir 

I had the honour to write to you in answer to yours 
of the 15 th on Monday last by the Post. This goes by 
Coll Thodey who has been detained here by going into 
the Country & hastening the Levies as much as possi- 
ble & other Services relateinor to the forces of this 
Province. I hope he will please your Excellency by 
his diligence as much as he has done me. 

I have enquired as much as I could into the cause 
of M r Scotts comeing into this place, but cannot learn 
it distinctly. By some Letters from G r Melvill to him, 
I find that M r Melvil has an esteem of him & friend- 
ship for him & employed him to go in a flag of truce 
to Martinico. On the whole I find no reason, or what 
may justify me in ordering him to leave the Prov- 
ince. I am with the greatest respect Sir & c 



94 THE COLDEN PAPER& 



To General Amherst. 

June 29 th 1761. 
S* 

My last was by Col. Thody who I expect is with 
your Excel 7 before tbis time. Since whicn I have the 
honour of yours of the 21 8t & 25 th 

The Day Col Thody left this, Capt* Terlush brought 
his Muster Rolls of 79 men sign'd by Col Brenington. 
I dispatched him immediately with the bounty for the 
men &, inlisting money with orders to repair to Albany 
without delay with his company. I expect that when 
he arives, the forces in the pay of this Government 
will not come short of 1500 men. Tho' I believe that 
the inlisting officers have been diligent we have not 
been able to compleat our number, but I hope we are 
not more deficient than they are in the neighbouring 
Govern t8 I have don all that was in my power to 
compleat them. 

At the time you was pleased to recommend M r 
Schuyler to be Sheriff of Albany, S r W m Johnson rec- 
ommend Capt n Farel for the same office. 1 find by his 
letter of the 18 th instant which I rec d last night he is 
displeased that his recommendation has not had its 
effect tho' I informed him of the reasons of my apoint- 
ing an other. He does not mention to me any thing of 
the murder committed by the Oneyda Indians. I am 
clearly of your Excellency's opinion that the Oneydas 
be obliged to deliver up the Murderer. If we cannot 
inforce at this time a proper regard to the authority of 
this Government it may be more difficult to do it at 
any time afterward. 

gr ^ym Jq^hsqq early in the Spring informed me that 
he had obtained a large tract of land on the North 
side of the Mohawk River by Deed of Guift from the 
Indians. Before I knew this Col De Lancey & others 
had obtained licences to purchase this land which how- 
ever I stopt in hopes of some compromise between S r 



THE OOLDEN PAPERS. 9p 

W Tm & the others which I wa9 in hopes he might be in- 
dued to make as by the Rules of this Government no 
person is to take lands from the Indians by purchase 
or otherwise without haveing first obtained a licence, 
gr ^ym j s di S p] ea8e cl that I decline giveiug him the 
Kings grant of these Lands which indeed is not in my 
power to do without consent of Councill <fe which in 
this case I told him I had no hopes of obtaining. By 
his last letter of the 1 8 th he tells me that the Indians 
will dispose of none of their lands at this time. This 
is of small consequence to me because 1 am perswaded 
the grants of these lands cannot pass while the admin- 
istration is in my hands, tho' they were to meet with 
no obstruction in the proceedings, but it makes others 
uneasy. 

I was advised to grant a tract of land on the west 
side of Lake George by the Councill to Major Rogers 
tfe his Associats. S r W m in this letter tells me that the 
Mohawks claim this land. The Council were of opinion 
that this land is vested in the crown having been pur- 
chased many years since by one Dellius who had a 
patent for it which was afterwards vacated by act 
of Assembly & the lands revested in the Crown. We 
cannot tell where the claims of the Mohawk may stop 
if they extend them to the east side of Hudsons River 
under pretence that it is their hunting ground, tho' 
another nation not long since lived upon it & claimed 
the lands before they deserted &> went to the French in 
Canada. 

I have recover'd my health beyond my expectation. 
May I thereby be enabled on every occasion to shew 
with what great respect I am Sir <fc c 



00 THE GOLDEN PAPERS, 



To Sir W m Johnson B t . 

New York, July 2 nd 1761. 
Sir 

I am sorry to find by yours of the 18 th of last Month 
that I have not given you all the satisfaction that T 
was very desirous to do. After G l Amherst by let- 
ter, and G 1 Monkton in person had interposed in 
favour of M r Schuyler, I had in prudence no choice 
left, <fc I flatter myself that you are so much con- 
vinced of this that you will readily excuse my not 
complying with your request. 

But your imagining that any obstruction to your 
obtaining a Grant of the Lands which the Indians 
have given you by Deed of Gift, arises from me, gives 
me the most uneasiness, because I truely took those 
steps which I and your friends thought the most ad- 
viseable for your obtaining your purpose. The Council 
had advised to giving a Lycence of purchase to the 
same lands before your Deed of Gift was known to me. 
After I knew it I stopped the issuing of the Lycences 
and they still remain with me. As to other particulars 
in this affair, I must refer you to what your good 
friend M r Banyar has wrote you on that subject, for 
he has your interest sincerely at heart. 

I cannot allow the Kings right to the Soil of the 
Lands on the East side of Hudsons River to be call'd 
in question. The Lands which I am advised by the 
Council to Grant to Major Rogers and his Associates 
on the West side of Lake George are evidently part of 
the Lands purchas'd of the Indians the 5th Day of 
June 1090 by Godfrey Dellius & granted to him by 
Letters Patent the 3 rd of Sept r following, which Grant 
was vacated by Act of Assembly, confirm'd by Queen 
Anne and the Land revested in the Crown. 

As to the other Purchases of Lands, they are of lit- 
tle consequence to me, as the grant of these Lands, sup- 
poseing the purchase could be made without delay, 



THE C OLDEN PAPERS. 97 

cannot with any probability pass while the adminis- 
tration is in my hands, but the stopping of them may 
be of great prejudice to the settling of the Country, as 
great numbers of people are now fond of settling in 
that part of the Country, & they likely to draw greater 
numbers after them, if they should be diverted an- 
other way, as probably they will, it will really be a 
prejudice to the King &, to the Province. 

Be assur'd that I am with the greatest regard 
S r <fc° 

P.8. I expect an answer in writing from M r Barclay 
as to the land he has near the Mohawk, which I shall 
send to you as soon as I receive it. The Indians have 
my permission to build a Church at Conajohary. I 
am <fc c 



To His Excellency G 1 Amherst. 

N. Y k July 9 th 1761. 
Sir 

I have the honour of yours of the 2 nd Instant. Capt n 
Terbush's Company of eighty men I expect arrived at 
Albany soon after that date. Your Excellency will 
then perceive that we exceed the number which I ex- 
pected to raise, by our Musters they amount to 1619 
Men. 

A Swiss officer in the Dutch Service at Surinam but 
last from S* Croix, come to this place for his health, 
says that about the 14 th of June the Gr r of S fc Croix had 
an account that Lord Rollo had taken possession of 
Dominica without resistance, that there were 800 
French families on the Island. We hear one of the 
Transports with Coll. Vaughans Men on board was 
taken & carried into Martinico. I am Sir Y r <fe° 



98 THE COLDEN PAPERS. 

To Capt" John Boyd of his Majesties Ship Pen- 
zance. 

New York July 12 th , 1761. 
Sir 

I have your favour of the 25 th of last month from 
on board the Penzance at sea. Tho' I be affraid that 
the information which I now enclose, may come too 
late, yet I think it proper to forward it to you, what- 
ever be the case. 

Were it not for the misfortune of your Ship going 
badly, I should hope you might give a good account 
of the Privateer mention'd in the inclosed, as probably 
she will fall in your way. Our Publick newspapers 
mention several Privateers to be on the Coast. 1 am 
much obliged to you for your congratulations on my 
being appointed L\ Gov r . I wish it may enable me 
to show with what great regard I am Sir <fc c 



To ins Excell t . G L . Amherst <fc° at Albany. 

New York July 16, 1761. 
Sir 

I have the honour of yours of the 12 th Instant. I 
flatter myself that your Excellency is convinced that I 
have done everything in my power to compleat the 
numbers of the New York troops <fc I hope that we 
are not in any respect short of what any oi the other 
Provinces has don. 

I did expect the Answer which the Oneydo's have 
given to Sir William. It is the same the Indians have 
allways given in similar cases. I wish that they may be 
made sensible, that such excuses will not pass for the 
future. I know nothing of the Murder of two Indians 
by one Smith mentioned in the Answers of the Oneydo 
Indians. 



THE COLDEN PAPERS. 99 

We hear from Boston that the citadel le Palais was 
taken by storm with much bloodshed. It comes two 
different ways, by one of the Mast Ships, who spoke 
with a Cutter from Belle Isle, and by a Ship from 
[Liverpool, which brought London Prints to the 19 th of 
May. 

I inclose a pamphlet wrote by M r . Scott, the Gentle- 
man mentioned in one of your former. It may be of 
use in forming some judgement of him. I have it 
much at heart to preserve the esteem with which you 
honour Sir Y r <fc c 



To His Excellency G l Amherst 

N. Y. July 23 d 1761. 
Sir 

1 have the honour of yours by Coll. Robertson of 
the 18 th & of the 19 th by Post. 

It is with much pleasure I wish your Excellency joy 
of the surrender of Pondicherry to his Majesties forces 
on the 17 th of January last. This news comes by a 
Vessel to Philadelphia from Madeira, who spoke with 
Capt n Baker of the London Packett who sail'd from 
Pondicherry the 11 th of February with the news for 
our Court. The Capt n of the Packet gave the ac- 
count in writing under his hand a Copy of which I 
have seen. He was met by the Philadelphia Vessel, 
on the 22 nd of June in Lat. 28° 9' & Long. 4*2° from 
London. 

We grow uneasy about our Packet as we hear that 
several! Vessels have been taken near Bermudas, and 
on this Coast. Letters from the West Indies say that 
the French in Martinico are carrying their best effects 
into the Mountains. 

Major Rogers goes this day for South Carolina. 
Oar Assembly stands adjourned to the 11 th of next 
month. Please to let me know the time you think 
may be most proper to meet them to lay your Excel- 



100 THE COLDEN PAPERS. 

lency's Requisition before them. I am desirous to 
delay their meeting as long as may be. without preju- 
dice to his Majesties Service that G l Monkton's com- 
mis>ion may come before that time. I have the honour 
to be with the highest respect Sir Yr <fe c 



To General Amherst. 

N. Y. July 29 th 1761. 
Sir 

I congratulate your Excellency on Coll. Grant's Suc- 
cess of which no doubt you will receive a particular 
account from himself at the same time you receive this. 

Gov' Bull desires me to forward by Express the Let- 
ters directed to your Excellency. The Express boat 
waits your dispatches. I shall order the Master to 
return to South Carolina as soon as I shall receive 
your orders for that purpose. The Master tells me he 
is to receive his orders from me. I have nothing to 
add more than that I am with the greatest respect Sir 
Y r most obedient <fc faithfull Serv*. 

C. C. 



To His Excellency General Amherst at Albany. 

New York Aug. 5 th 1761. 
Sir 

I have your Excellency's Letters of the l 8t & 2 nd of 
this Month. As soon as I had received that of the 
first, I sent for M r Sylvester and gave him your Excel- 
lencys dispatches, & at the same time I directed the 
Master of the Express Schooner from Carolina, to re- 
ceive M r Sylvester on board <fe to proceed directly for 
Carolina. He declined receiving M r Sylvester as nave- 
ing no room for any more than those who are neces- 
sary to Navigate the Vessel, He continuing to be un* 



THE COLDEN PAPERS. 101 

willing to receive M r Sylvester, I sent him an order in 
writeing to receive M r Sylvester on board, who is 
charged with your Excellency's dispatches, & to pro- 
ceed immediately. He came to me yesterday morning. 
On my expressing my surprise to see him he said he 
is a Stranger <fe could not go in the night to the Hook 
with a contrary wind. He still expressing an unwill- 
ingness to take M r Sylvester with him, 1 asked him 
whether he knew that he was under martial Law, <fc 
ordered him to go as soon as the tide permits with 
M r Sylvester on board, which he did about two of 
the clock yesterday afternoon. M r Bell could not go 
in this vessel, he is to go in 2 or 3 Days in a Vessel 
bound to North Carolina. The Express boat is an 
exceeding small thing of ten foot beam only, <fc M r 
Sylvester will go very uncomfortably in her. 

As soon as I received your Excellency's of the 2 nd I 
sent for Capt n Ruvyne. He could inform me no more 
than what you mention to me. I desired him to dis- 
cover the Masters name who carried Reuaud <fc to 
inform me this morning, & I order'd the Council to 
meet me this morning to advise with them, what is to 
be done in the present case, & to prevent the like for 
the future. I have ordered the Assembly to meet the 
first of September which is as soon as they can have 
sufficient notice for that purpose & nothing shall be 
omitted on my part to bring such dangerous trangress- 
ore of the Laws to condign punishment & to enforce 
a due observance of the King's commands. I did not 
see Captn. Ruvyne till last night. He sayed that as 
Renaucl was gone, he thought it needless to give me 
any trouble on that head. But after I received your 
letter of the 26 th I ordered all Masters cleared out 
for Jamaica to attend me that I might learn what 
passengers they carried, as I suspected that the ves- 
sel which was to carry Renaud might clear for that 
Port. 

By the next Post I shall inform you of the resolu- 
tions of the Council. 1 think it needless to detain the 



• • • 

• • • 
• • • 



• • • 

••• • 



• • 



• • • 

10? •".'/• THE COLDEN PAPERS. 

• •• • 

• . . 

'•Post as I suspect nothing of consequence can at present 
.;•. he done. 

Inclosed is the copy of a Letter which my Son 
received yesterday from Philadelphia & which con- 
firms the account we had of Belle Isle's being in pos- 
session of his Majesties forces. I am Sir, <fe c . 



• » . 

« • • 
• • • 



To Gov* Fitcil 

N. Y. August 10 th '1761. 
Sir 

On Saturday I sent by one who told me he was 
going streight to your house, a letter which came 
under my cover from the Secretary of States office, by 
the Packet. It seemed only to be a private Letter. 
At the same time I received his Majesties Commission 
appointing me Lieut. Governor of this Province. 

I have received some information of illegal Trade 
carried on from this Port, by means of the Custom 
House officers of New London in the Colony of Con- 
necticut. Some Merchants of this place ship provi- 
sions for New London & give bond to return a Certifi- 
cate of their being landed there which is accordingly 
done. The quantity is much too great for the con- 
sumption of that place & it is therefore suspected that 
the Provisions are not really landed, or if Landed 
shipped again without bond. 1 must desire you & I 
make no doubt you will make proper enquiry privately 
to discover this fraud. 

But what I am cheifly concern'd for is that the sloop 
Seaflower, John Weggery Master cleared out the 11 th 
of last Month with twenty two Tons of Provisions & 
other goods for New London & gave bond to land the 
Provisions. I strongly suspect that she has not landed 
them, because she has carried off privately a French 
Man who lives at Mississippi & is suspected to be a 



THE COLDEN PAPERS. 103 

Spy. His name Renaud, & has been at Boston & 
some Months in this place. 

You must easily perceive of what mischievous con- 
sequence this may be of, & therefore I must earnestly 
intreat you to use your diligence to discover whether 
this Vessel has been at New London or whether she 
landed her Provisions or carried them off from thence 
& to inform me of everything you can learn of that 
Vessel & of the French Man Renaud. 

It is necessary that your enquiry be made as pri- 
vately as possible, for any public enquiry will put the 
delinquents in this place upon their Guard so as prob- 
ably to defeat all our endeavours to bring them to 
Justice. I am with great regard Sir Y r &°. 



To The Right Hon ble M b Sect t Pitt. 

New York Aug 1 11 th 1761. 
Sir, 

On the 7 th Instant I received the honour of his Majes- 
ties Commission appointing me Lieutenant Governor of 
the Province of Sew York. As I take this to be a 
mark of his Majesties approbation of my past conduct 
in the administration it lays ine under the strongest 
obligations to continue my diligence in performing «iy 
Duty to the outmost of my ability. I shall with the 
greatest attention endeavour to approve myself to be a 
faithfull Servant. 

In April last the Assembly made Provision for rais- 
ing 1787 Men, being two thirds of what they had raised 
formerly, before the conquest of Canada. They were 
fighting before that time pro aris & focis, now they 
think themselves under no such necessity to load the 
Province with so great an expence, <fe it was with some 
difficulty they were induced to comply fully with the 
Kiugs requisition. I must do the Council justice by 
informing you that they were of great use to me upon 



104 THE COLDEN PAPEBS. 

this occasion. Tho' the Assembly refused to enact any 
of the Compulsory methods, taken before this time for 
raising of Men I have been able nearly to com pleat the 
full number. I sent into the field between 16 and 1700 
Men, sooner than any of the neighboring colonies did, 
& if I mistake not every way more compleat, & fit 
men for service. 

The General by his Letter to me has made a requisi- 
tion of 170 men with proper officers to replace the 
Regulars now withdrawn from Canada & from the 
frontiers, & to be continued in pay to July next. I 
have called the Assembly of this Province to meet the 
first day of next Month for this purpose. I hope and 
expect they will comply with the Generals requisition. 

By my Commission I am directed to observe the late 
Kings Instructions to Sir Charles Hardy, <fc by the 39th 
Instruction I am directed to grant commissions to 
Judges cfe other officers during his Majesties pleasure 
only. Notwithstanding of which, Governor Clinton <fc 
Lieutenant Governor DeLancey granted the Commis- 
sions to the present Judges during their good behaviour 
and M r Clintons appointment in this manner was ap- 
proved of by the late King. It is thought however 
that these Commissions cease by the Demise of the 
Crown, & are now only continued by his Majesties Proc- 
lamation. 

X he Judges have applied to me in Council by Memo- 
rial to have their commissions renewed, during their 
good behaviour & notwithstanding that I shewed the 
late King's instructions to the contrary, I believe the 
Council would have advised me to grant these Commis- 
sions during good behaviour, if I had not found means 
to put off tlie consideration to another time. 

In the last Sessions the Council & Assembly pass'd a 
Bill to make the Judges Commissions during good be- 
haviour. I took time for farther consideration, .but I 
expect the Assembly will insist to have this Bill pass'd. 
It is the only thing in which I have had any disagree- 
ment with them. I intend to insist that the Judges 



THE COLDEN PAPERS, 105 

Salaries be made to continue as long as their commissions, 
"their Salaries being at present only given from year to 
year <fe the sum sometimes altered. Great difficulties 
are pretended in finding a fund for that purpose. As 
I expect that this matter will occasion difficulties in 
the administration, not only to me but to the Governor 
in cheif afterwards, I may be put under a necessity to 
comply with what both the Council & Assembly have 
much at heart. 

It will make me very happy, if by my conduct I can 
merit the honour of being, Sir Your most Obeydient & 
faithfull Servant 



To tile Lords Commissioners for Trade & Plan- 
tations. 

New York, Aug 1 12 th 1761. 
My Lords, 

On the 7 th Instant T had the honour of your Lord- 
ships commands of the 28 th of April last. At the same 
time I received the honour of his Majesties Commission 
appointing me Lieutenant Governor of this Province. 
I shall punctually from time to time obey your com- 
mands ; but the answering the Queries which I received 
with your Letter requires more time, than I can have 
befoi-e the Packet Sails. 

By his Majesties Commission I am directed to ob- 
serve the late Kings Instructions to Sir Charles Hardy : 
By the 39 th of which I am directed to grant Commis- 
sions to Judges and other officers during his Majesties 
pleasure only; notwithstanding of which M r Clinton 
while he was Gov 1 & M r De Lancey while Lieutenant 
Grov r granted commissions to the present Judges of the 
Supreme Court of this Province during their good be- 
haviour respectively : & M r Clinton's appointment of 
one of them was afterwards approved of by the King. 
It is thought however that these commissions cease by 
the demise of the Crown, and are only continued by 



106 THE COLDEN PAPERS, 

hi9 Majesties Proclamation. The present Judges have 
applied by memorial to me in Council, to have their 
Commissions renewed during their good behaviour : 
notwithstanding that I shewed the 39 th Instruction to 
the Council it appeared to me that they would have 
advised me to grant these Commissions during good 
behaviour, had I not put off the consideration of it for 
that time. 

In their last Sessions the Council & Assembly passed 
a Bill enacting that the Commissions of the Judges 
shall be during their good behaviour. I took it at that 
time into farther consideration ; but I expect the As- 
sembly will insist to have this bill pass d. If they 
do I shall urge that they at the same time make the 
Judges Salaries perpetual, for at present their Sala- 
ries, as well as of all other officers, are annually given 
by the Assembly. It is objected to this that they 
have no perpetual fund for this purpose <fc the doing 
of it must be involved with great difficulties. As I 
expect this matter will occasion difficulties in the ad- 
ministration, not only to me at present but may after- 
wards to the Gov r in Cheif likewise, I apprehend that 
I may be under a necessity to comply with what bdth 
the Council and Assembly seem to have so much at 
heart. 

The Troops in the pay of this Province, raised in 
April last in consequence of his Majesties requisition, 
being inlisted to serve only to the first of November 
next, the General by his Letter to me, made requisition 
of 170 Men to be continued in the pay of this Province 
from the first of November to July next, to supply 
the place of the Regulars, who are now to be employed 
in a different service. 1 have called the Assembly to 
meet the first of next month for this purpose. I hope 
& expect they will comply with the Generals requisi- 
tion. 

I laid before the Council the copy of John Noyelles 
petition to your Lordships sent to me by your Secretary. 
They seenrd to be exceeding surpris'd as they assured 



THE COLDEN PAPERS. 107 

me that every allegation in that petition is absolutely 
false, or egregiously misrepresented. No doubt they 
will vindicate themselves to your Lordships, as soon as 
a true representation of the matters he complains of 
can be made. 

It shall be my constant endeavour to merit the hon- 
our of being My Cords Your Lordships most obedient 
& faithf ull Servant 



To John Pownall Esq* Sect t to the Board of 

Trade. 

New York Aug* 12 th 1761. 
Sir 

When I wrote last to you on the 16 th of May, I had 
not so far recovered from a dangerous illness which 
seized me in April to be able to converse freely with 
the Members of the Assembly in their last Session, as 
I proposed to have don, in relation to the Agency for 
M r Bourk. Since that time the Speaker and principal 
Members have been in the Country. I have called the 
Assembly to meet the first of next month. At that 
time I snail use my outmost endeavours to serve M r 
Bourk, for I have it sincerely at heart, whether I con- 
tinue in the administration or not. The principal ob- 
jection is that he is not known to any one person in 
this place, which I can no otherwise remove than by 
your recommendation of him, which I hope will have 
great weight. Some likewise are moved witli compas- 
sion for M r Charles, who they imagine will be under 
difficulties if the Agency be taken from him. 

On the 7 th Instant I received his Majesties Commis- 
sion appointing me Lieutenant Governor. I think my- 
self extreamly obliged to your Brother and to you on 
this occasion, as I make no doubt, his and your good 
offices with my Lord Hallifax has contributed much 
towards it. 

General Moncton's Commission to be Governor in 



108 THE COLDEN PAPERS. 

Cheif of this Province is Expected with Governor 
Hardy, who, 1 am told was to set out in the beginning 
of July last. It is probable therefore that the duration 
of my administration will be very short. This how- 
ever does not lessen the obligation I am under to my 
Friends. My appointment does me great honour, as a 
mark at least of his Majesties approbation & of my 
Lord Hallifax's favour. In whatever situation I be, 
it will give me the highest pleasure to serve you in any 
shape, & I beg of you to lay your commands on me 
which I shall esteem as an honour to Sir & c . 



To His Excellency G l Amherst att Albany. 

New Y. Aug. 18 th 1761. 
Sir, 

I have the honour of your Excellency's Letter of the 
9 th After having made different enquiries, I believe 
I have discovered the Masters name and the vessel 
which carried Renaud off. She clear'd for New Lon- 
don, and gave bond to Land her provisions there. I 
have wrote to the Gov r of Connecticut to learn whether 
the Sloop Sea-flower, John Weggery master (the Ves- 
sel & Master whom I suspect) had been since the 11 th 
of July at New London, whether they landed their 
provisions there, or if landed carried it off afterwards, 
& whether Renaud was on board. I mentioned to M r 
Fitch the reason of my makeing this enquiry, & de- 
sired him to inform himself as privately as possible, 
because I believed that if the owners in this place sus- 
pected that they were discovered they would prevent 
our obtaining legal proof & order the vessel or Renaud 
not to return to this Port. If I can obtain sufficient 
proof I shall make an example of them to deter others 
from such pernicious practices. I am <fc c 



THE COLDEN PAPEK8. 109 



To Thomas Pownall Esq* London. 

N. York Aug 12 th 1761. 
Sir, 

On the 7 th of this Month I received the honour of 
his Majesties Commission to be Lieutenant Gov r . I am 
fully perswaded that I have gained, this honour by my 
Lord Hallifax's Interest only <fe that I owe it much to 
your favourable representation of me to his Lordsp, 
for I am not personally known to him. G 1 Moncton s 
Commission to be Gov r in cheif is soon expected. The 
duration of my administration is like to be very short. 
However that be if I can be of any use to you in this 
country whether it be for your amusement or other- 
wise, it will give me the greatest pleasure to receive 
your Commands, that I may have some opportunity of 
shewing with what gratitude I am Sir &° 



To the R T Hon 8 " The Earl of Hallifax. 

N. Y. Augt. 14 th 1761. 
My Lord, 

On the 7 th of this Month I received the honour of 
his Majesties Commission appointing me Lieutenant 
Governor of this Province. As I know that I owe 
this entirely to your Lordship I beg leave to make my 
most humble acknowledgements, and to assure your 
Lordship of my assiduous endeavour not to be thought 
unworthy of the honour you have don me. 

The high station to which his Majesty has advanced 
you, has broke that more immediate connection your 
Lordship had with the Colonies & thereby 1 may be 
deprived of the opportunities which I otherwise might 
have had of doing my Duty, & shewing my gratitude. 
Perhaps I may be of use to you in America in some 
manner, tho' 1 know not how. It will give me the 



110 THE COLDEN PAPERS. 

highest pleasure to receive the honour of your com- 
mands in any shape, for I am with greatest truth My 
Lord. 



To the R T Hon 8 " M b Sec" Pitt. 

N. Y. Aug 1 13 th 1761. 
Sir, 

Having received your Commands of January 9 th by 
which I am desired to give Phillip Ybancs a Spanyard, 
Master of the Ship Virgin del Rosario, all the assist- 
ance in my power in his just claims, & to facilitate by 
all proper <fc legal steps the carrying into execution the 
sentence of the Lords of Appeal, the King having it 
much at heart that strict justice be don the subjects of 
his Catholick Majesty. M r Walton Agent for the 
Spanyards shewed me a copy of the sentence of the 
Lords of Appeal, in which they declare that the pro- 
ceedings of the Court of Vice Admiralty in this place 
were irregular & illegal, <fc the sentence of condemna- 
tion unjust, & warranted by no color of proof. Soon 
after 1 had the honour of your commands, I enclosed a 
copy of your Letter to M r Morris Judge of the Court 
of Admiralty in this Province, to which I have re- 
ceived no answer. 

This day M r Walton came to me to complain that he 
could receive no justice in the Court of Admiralty of 
this Province <fe does not expect he ever can, <fc desired 
me to inform you so. The matter is not before me. 
1 am no Judge in this case. The Council for the Span- 
yards propose no legal steps to me to take for their re- 
liefe, nor do I know any, besides those which have been 
taken before the Court of Admiralty, therefore 1 can 
do no more than to inform you as desired. I- am with 
great submission, Sir <fc c 



THE COLDEN PAPERS. Ill 



To John Povvnall Esq" Secretary to the Board 

of Trade & Plant. 

N. Y. Aug. 14 th 17G1. 
Sir, 

It may be proper to inform you that in the first Ses- 
sions of the Assembly of this Province, after the death 
of the late King, both the branches of the Legislature 
resolved to join with me in an address of condolence 
& congratulation to his Majesty ; but soon after this 
resolution I was seized with an inflammation of the 
Lungs, <fe was in great danger which occasioned a con- 
siderable delay. The Assembly drew up the form of 
an Address which both the Council and I disliked, as 
bein^ too long and too like the Declamation of a School 
boy, which however they were unwilling to alter ; the 
continuance of my disorder prevented the Councils 
forming a separate address. 1 thank God I have been 
these two Months pass'd perfectly recovered. I am 
with great regard. Sir Y r <fe c 

The 7 preceding Letters went by the Hallifax Pack- 
ett Boat Capt Bolderson who sail'd from the Hook 
Tuesday morning August 18 tb 



To General Amherst. 

New York Sept r 3 d 1761. 
Sir, 

The Assembly have now your Excellency's Letter of 
the 15 th of June under consideration. The Speaker 
this morning came to me, & said he believed the House 
would this day have come to a resolution had not some 
of the Members made complaint <fe appeard dissatis- 
fied that the last years Billeting Money had not been 
paid. They think that no misbehaviour of the Soldiers 



112 THE COLDEN PAPERS. 

can deprive the Inhabitants of a just debt due to them 
for supplying the soldiers with provisions which they 
undertook on assurances given by your Excellency that 
they should be paid. If you think proper to remove 
the dissatisfaction which some of the members have on 
this account I am in hopes their resolution on the sub- 
ject of your letter will be to your satisfaction. Pray 
excuse this trouble which I give you at the desire of 
the Speaker that every thing may be done in the manner 
most agreeable to your Excellency. I am with the 
greatest respect, Sir <fc c 



To G L Amherst. 

New York Sept r 3 d 1761. 
Sir, 

Since I had the honour of writeing to your Excellency 
this morning at the desire of the speaker I have re- 
ceived the Resolves of the Assembly a copy of which 
I inclose. They give me the more pleasure by their 
comeing'in two hours after the conversation I had with 
the Speaker & I hope you will be pleased with them. 
Allow me Sir to beg you to please them in answer to the 
Letter which I wrote you very reluctantly this morn- 
ing. I am with the greatest Respect. 



To Coll. Thodey. 

F. G.N.Y.Sept' 6 th 1761. 
Sir, 

1 have yours of the 18 th & 23 rd of last month. I 
have taken the first opportunity of informing you of 
the resolutions of the Assembly for continuing 173 
officers included from the 1 st of Nov* next to the 1* of 
July 1762. For your better information a Copy of 



THE COLDEN PAPERS. 113 

1;heir Resolves shall be made underneath. But the 
appointment will not be immediately made, till after a 
IMan of War or Packet shall arrive from England, 
^because the General in his Letter to me of the 3 rd 
Instant advises me not to do it till after such arrival, 
least by the instructions he shall receive there be no 
necessity to put the Province to such expense. How- 
ever that be I desire you'l send me the names of such 
officers as you shall think the most proper to be ap- 
pointed & you may let the men know what incourage- 
ment is given them to inlist, which I think is as much 
as can be expected. A Man of War from England 
and a Packet are both expected every Day & there- 
fore be not dilatory in sending me the names of the 
Persons you think most proper to be employed in doing 
of which without doubt the good of the Service will be 
your only Rule without favour to persons. I remain 
perfectly pleased with your 'conduct hitherto, & be 
assured that I am with crreat regard Sir Y r . 



To Benj" Prat Esq* Boston. 

F. G. N. Y. Sept r 7 th 1761. 
Sib, 

Your favour of the 22 nd of last Month gives me great 
pleasure, as it gives me hopes of an acquaintance with a 
gentleman of your character. I have not the least inti- 
mation in relation to your appointment. Probably the 
Kings pleasure will be signify ed to General Monckton 
at the same time he receives his commission to be Gov r 
in Chief of this Province which is every Day expected 
by one of the Kings ships. You may assure yourself 
that if your commission or the Kings Mandamus to 
make out a commission for you come to my hands you 
shall be informed of the Tenor of the one or the other 

as soon as I can or if it comes to General Monckton I 
8 



114 THE COLDEN PAPERS. 

shall inform you as soon as the Tenor of it comes to my 
knowledge. 

In whatever terms either the Commission or Man- 
damus comes over I must beg of you not to hesitate in 
accepting of the office of Chief Justice, because I am 
perswaded you cannot any where be so useful! as in 
that Station in this Province : and I am confident no 
consideration can be of such weight with you as the 
publick utility. If the terms of the Commission or 
Mandamus should not be in the terms you justly 
expect & I wish, you may assure yourself that I will 
do everything in my power to have it amended after- 
wards as 1 sincerely believe it may be done. 

I shall heartily join in a representation to the 
Kings Ministers for that purpose & I flatter myself 
that though I should not be in the immediate exercise 
of the powers of Government I may be of some use to 
you in this case. Give«nie leave to add that in my 
opinion your acceptance of the Commission in the terms 
it shall be sent may more readily incline the Ministiy 
to a compliance than the making any alteration a con- 
dition of your acceptance. 

I hope Sir that in whatever situation you or I be 
this may be the beginning of correspondence <fe acquain- 
tance & to make it agreeable to you nothing shall be 
wanting in the power of Sir Y r . 



To His Excellency Gen. Amherst. 

New York, Sept r 12 th 1761. 
Sir, 

I communicated your Excellency's Letter to me of the 
3 d Instant to the Assembly, at the time they presented 
their address to me, the same day in which I received it. 
They seemed so well pleased with it that I expected 
something proper in return to your kind Expressions & 
Assurances in regard to them, which made me delay 



THE COLDEN PAPERS. 115 

writing to the conclusion of the Session yesterday. 1 
shall as you desire delay the draft of the officers & 
Men till 1 shall receive your directions. 

As some alterations in the army may soon happen, I 
beg leave to mention M r George Turnbull's name 
Lieu* in the Company which Capt n Rutherford lately 
commanded that if anything properly offer for his ben- 
efit your Excellency may think of him. He has long 
had a commission in the army first in the Scotch Reg' 
in the Dutch service which he gave up to serve in 
America. He is not in a capacity to advance himself 
by purchase. On all occasions I have received a good 
character of him <fc being nearly related to my B" 
family I presume to recommend him to your Excel- 
lency s favor. 1 know of nothing in particular to 
desire for him as I write this without his knowledge. 
I am with the highest respect Sir 



To Sir Jeff. Amherst. 

N. York Sept r 19 th 1761 
Sir, 

The R l Hon bl * M r Sect y Pitt has by his Letter of 
the 8 th of July informed me that the King had been 
pleased that Day to declare in full Council, his resolu- 
tion of demanding in marriage the Princess Charlotte, 
Sister to the Duke of Mecklenburgh Strelitz, & that 
by his Majestys order he sends me an Extraordinary 
Gazette in order to make known this joy full event to 
all his Majesties Subjects. 

I have the greatest pleasure in congratulating you 
upon the same, as no doubt your Excellency will re- 
ceive it with the outmost joy & satisfaction. 

The Mayor has committed a Deserter from the 
Troops of this Province. As the season is so far ad- 
vanced I doubt whether it may be proper to send him 
back to his Corps, & it will not be easy for me to do 



116 THE COLDEN PAPER& 

it. I beg your Excellencys directions in this case. I 
am with the highest respect Sir & c 



By the G l Wall Capt. Robinson, sailed Oct r 8 th 
To the Right Hon bl1 M r Secty Pitt. 

N. York Sept r 24 th 1761. 
Sir, 

In obeydience to your Commands of the 8 th of July, 
I have Ordered the Extraordinary Gazette of the same 
day to be published in this place to make the joyfull 
event therein mention'd known to all his Majesty's 
loveing Subjects in this Province. 

General Amherst having by his Letter to me signi- 
fyed that it would be requisite for his Majesty's Ser- 
vice that this Province should levy and pay 173 Men, 
officers included as the quota of this Province during 
the absence of the Regular Troops on the important 
intended Expedition I called the General Assembly to 
meet the first of this Month for that purpose. They 
have so readily and fully complied with the General's 
Requisition that by Letter to me he declar'd his great 
satisfaction in what they have done : and at the same 
time desired me not to proceed in inlisting the Men in 
that Service, till he shall have received farther direc- 
tions, which he every day expected. 

In the first Session of the present General Assembly 
in April last, they passed a Bill enacting that the 
Judges Commissions for the Supreme Court of this 
Province be during their Good behaviour to which I 
did not give my assent for the following reasons 

First, By the late King's 39 th Instruction which his 
Majesty has directed me to observe, I am directed to 
grant commissions to Judges aud Justices during his 
Majesty's pleasure only; and 1 thought it would be 
great presumption in me, to give my assent to a Bill 



THE COLDEN PAPERS. 117 

contrary to his Majesty's Instructions without previous 
leave or without a Clause suspending the Execution, 
till his Majesty's pleasure shall be known. 

Next, There was no provision made in the Bill for 
the Judges Salaries, but they are left to the discretion 
of the Assembly annually for their support as formerly. 
This I thought might be prejudicial to the Rights of 
the Crown, on supposition that the Judges may be 
subject to undue influence, and likewise I suspect that 
leaving the Judges absolutely dependent on the As- 
sembly for their support may have an undue influence 
even in private actions, when a leading Man of an 
Assembly is a party. I am unwilling to suggest that 
any of them had such intentions for no proof of it 
can be made, but instances of this kind can be given 
in former times. 

In the short Session in the beginning of this Month 
the Assembly again brought in the same Bill without 
making any provision for the Judges Salaries, tho' they 
knew that the principal objection which I had made 
to the Bill was the want of such provision to have 
equal continuance with their Commissions. As I sus- 
pect that the Assembly may insist to have this Bill 
passed, & perhaps may make it a condition in the sup- 
port of Government, I think it my Duty Sir to inform 
you of it that his Majesty's pleasure may be known, 
as soon as conveyniently can be, for at preseut all the 
officers of the Government are without any support 

It may likewise be proper for me to observe that 
tho 1 in the preamble of the Bill it is set forth, that the 

f ranting the Judges Commissions in this Province 
uring good behaviour has been of long continuance, 
no Judge except the last Cheif Justice and the present 
puny Judges ever had a Commission otherwise than 
(hiring the King's pleasure. 

. I am with the highest respect & greatest esteem Sir 
Y r most obedient & faithfull Servant 



118 THE COLDEN PAPER9. 



By the G 1 Wall sail'd Oct r 8 th 

To tile Right Hon blb the Lords Commissioners for 

Trade & Plantations. 

N. York Sept 25 th 1761. 
My Lords 

On the Second of last June I had the honor of "writ- 
ing and transmitting to your Lordships copies of two 
Bills pass'd last May by the Assembly & Council to 
which I did not think proper to give my Assent, & I 
then desired your Lordships directions thereon. As 
I am informed that the ship which carried these Letters 
is arrived safe, I think it needless to trouble your Lord- 
ships with a repetition of what I then wrote. 

At General Amhersts desire I call'd the Assembly 
to meet the first of this Month, to make provisions for 
the inlisting cloathing & pay of 173 Men officers in- 
cluded as the quota of this province, for securing the 
frontiers in the absence of the Regulars on the impor- 
tant intended Expedition. The Assembly has so fully 
complied with the General's requisition that in his 
letters to me he declares himself fully satisfyed there- 
with. 

Besides this Act providing for one hundred and 
seventy three volun tiers officers included to be employed 
in protecting tlte different Posts on the Frontiers, I 
gave my assent to an Act to prevent frauds in the sale 
of damaged goods imported into this colony, and to an 
Act for naturalising John De Lisle, Frederick Frank 
if 148 others whose names are therein mentioned, printed 
Copies of which I now transmit to your Lordships. 

The General's requisition is a sufficient reason for 
my assent to the first of these acts. The Second is to 
prevent a fraud which I am told has been prejudicial 
to Insurers in Great Britain. 

As to the Act for naturalising John De Lisle <fcc 
tho' I doubt much of the Authority of the Legislature 



THE COLDEN PAPERS. 119 

to naturalise, yet as the Lawyers think it may enure 
as an act of Denisation within this Province I con- 
ceived from your Secretaries Letter of the 1 4 th of April 
that you would not be displeased with my continuing 
a Practise which had been long in use, & in which no 
inconveyniency has hitherto been observed. It was 
likewise represented to me that should we in this Prov- 
ince refuse such Acts of Naturalization, which can be 
easily obtained in the neighboring Colonies, it would 
draw all foreigners who are willing to settle & improve 
Lands from this Colony to the others. 

As the General Assembly was call'd merely to com- 
ply with General Amhersts requisition <fe General 
Moncton's Commission to be Governor in cheif was 
then every Day expected I did not think proper to 
propose anything else for their deliberation nor to pro- 
pose the Annual provision to be made for the support 
of the officers of the Government ; tho' the last years 
provision for that purpose ceased the day on which the 
Assembly met. 

The Assembly & Council in this Session, again 
passed the two Bills to which by my Letter of the 2nd 
of June I informed your Lordships I had delayed to 
give my assent. I again delayed my assent & iuform'd 
the Council that I had transmitted copies of them to 
your Lordships & must wait at least a reasonable time 
fervour directions. 

Tue Title of the Act to prevent disputes <fec is 
altered, but it is otherwise nearly the same with that 
of which T transmitted a copy to your Lordships. 
Besides the reasons against this Bill which I mention'd 
in my Letter of the 2 nd of June, I told several of the 
Members in private that I thought it imprudent to 
alter a method which had long subsisted without any 
inconveniency, because the wisest men cannot see all 
the consequences of innovation. 

The Bill for the Judges Commissions to be during 
good behaviour is so very popular, that I let my sen- 
timents be known on that head the first time I met the 



120 THE COLDEN PAPERS. 

Assembly of this Province. As I suppose it was chiefly 
meant to prevent arbitrary removal of the Judges by 
the Governor, I proposed in private discourse with the 
Speaker & others to restrain the Governor by a Law 
from removing any Judge without consent of at least 
seven of the Council signed with their hands, or by 
address of the General Assembly for that purpose, or 
by express Command of the King which last they 
seemed convinced could not be obtaiu'd without suffi- 
cient reason. 

After the Assembly had pass'd the Bill in their first 
Session in April last I told several of the Members 
that if they would make proper provision for the 
Judges Salaries to have the same continuance with 
their Commissions it would be a great inducement to 
give my Assent & might excuse me with the Kings 
Ministers notwithstanding of this in the last Session 
they did not make provision as I proposed, but on the 
contrary inclined to make the Judges dependent on 
them yearly for their salaries. This seems to me to 
have such evident view to undue influence not only in 
cases where the Kings rights may be disputed but like- 
wise in private Suits, where a leading man in an Assem- 
bly may be a party that I cannot pass it over without 
mentioning it to your Lordships. It is the more re- 
markable that this Bill was urged a second time, -when 
no provision is made for any officer in the Government. 

As probably my administration will soon be at an 
end I am the more desirous of informing your Lord- 
ships of the reasons of my conduct that I may retain 
with your Lordships the honour of being with the 
greatest respect & Submission My Lords &° 



THE COLDEN PAPERS, 121 



To the Hon™* Archibald Kennedy Esq b Collector 
of his Majesties Customs at New York. 

New York Oct r 2nd 1761. 
Sir 

I am directed by the Board of Trade to inform them 
of the State of Trade in this Province, of the number 
of shipping & of their increase or decrease in ten years. 
I know no better way of informing myself than from 
the Custom house & therefore please to order an 
Account of the number of Vessels cleared out and 
entered in the last twelve Months to be made out dis- 
tinguishing Sloops or Vessels of one Mast from Ships 
or Vessels of more than one Mast; & the like to be 
made at ten years preceding this time, & the difference 
of the numbers enter d or cleared at that distance of 
time. 

Please likewise to make what remarks you think 
may be of use to their Lordships for their information 
as to the Trade of this place. I am, Sir, Y r 



To Sir Jeff. Amherst & c 

N. York Oct r . 6 th 1761. 
Sir, 

I have the honour of your Excellency's Commands 
of yesterday's date, I shall by the next post to Albany 
give orders for Inlisting 173 Men, officers included, 
from the Troops in the present pay of this Province. 
It may be doubted whether I have power to make 
drafts, & if it be true as it is said that General Monc- 
ton's Commission to be Gov r of this Province is in the 
Man of War, which is supposed to be by this time at 
the Hook, my power may be superceded before my 
orders can be put in execution. 

I am with the greatest respect Sir <fe c 



122 THE COLDEN PAPER8. 



To the Right Hon 8 " the Lords Commissioners for 

Trade & Plantations. 

New York Oct r 6 th 1761. 
My Lords 

Since the writing of ray last inclosed with this 
which I expected would have gone about that time, I 
have been inform'd that the Judges design to forbear 
acting untill their Commissions are renewed, & that 
they will not accept of them otherwise than during 
good behaviour, as they had their Commissions for- 
merly. This may lav me under great difficulties, unless 
before the setting ot the Supreme Court which is to be 
in a fortnight, I shall know his Majesty's pleasure on 
this head, or M r Moncton's Commission arrive very 
soon & free me from this uneasiness. 

It may be of most dangerous consequence to stop 
the course of Justice, & this may lay me under a neces- 
sity of complying in a matter which is so popular, tho' 
the doing of it is against my own Judgment (as well 
as his Majesties Instructions) unless the Judges be 
made independent of an Assembly as well as of the 
King. 

From the first of my administration I have endeav- 
oured to gain this without success. 

I am with the greatest Submission My Lords <fc° 



To M B Secretary Pitt. 

N. York Oct r 6 th 1761. 
Sir 

The going of the Packett having been delayed 
longer than I expected I can now inform you that I 
have received this Day General Amherst's directions 
to inlist the number of Men as the quota of this Prov- 



THE COLDEN PAPERS. 123 

ince mentioned in the preceding which I shall comply 
with as speedily as possible. 

Since my preceding I have been informed that the 
Judges of this Province design to forbear acting until 
their commissions be renewed & that they will not 
accept of them otherwise than during good behaviour 
as they had them formerly. It may be of most dan- 
gerous consequence to stop the course of Justice, <fc 
this may lay me under a necessity of complying in a 
matter which is so popular, tho the doing of it be 
against my own Judgement (as well as his Majesty's 
instructions) unless the Judges be made independent 
of an Assembly as well as of the King. From the 
first of my administration I have endeavored to gain 
this, tho' without success. 

I am with the greatest Submission Sir & c 



To Benj* Prat Esq b at Boston 

New York Oct r 12 th 1761. 
Sir 

I am glad to learn by yours of the 3 rd Instant that 
you have received his Majesties Mandamus & that you 
are resolved to accept the office of Cheif Justice of this 
Province. I must advise you to set out as soon as 
possible to take the office upon you. The Supreme 
Court of this Province sets the 20 th of this Month & 
continues to the last Day of it. You may be here to 
take your seat on the Bench before it ends. There is 
no provision since the first of September for any of the 
officers of the Government. The Assembly meets the 
10 th of next Month in order to Grant the necessary 
supplies for the support of Government which will 
give you full opportunity of knowing their sentiments 
as to the Salary of the Cheif Justice. Unless you 
enter on the office before they come to their resolutions 
they may evade makeing any as to the Cheif Justice, 



124 THE COLDEN PAPERS. 

<fe after having settled the support of Government in 
the next Session, they may evade Settling the Cheif 
Justices Salary for 12 Months. Both the Council 
and Assembly are warm to have the Judges Commis- 
sions during good behaviour & have twice passed a 
Bill for that purpose, but without makeing their Sal- 
aries of the same continuance, & for this reason I 
have refused my assent to it. But I have informed 
the King's Ministers that 1 incline to give my assent 
to such Bill provided that by the same Bill the Judges 
Salaries have the same continuance with their Com- 
missions. 

By your comeing to this place as soon as possible 
you may perceive that thereby all your difficulties may 
be got soon over, or if it should be otherwise you will 
have an early opportunity of laying your case fully 
before the Kings Ministers. 

As to the settling of your private affairs you may 
depend on haveing my leave of absence till next 
Spring. In the January Supreme Court rarely is any 
business done <fc you may be back before the April 
Court in which the greatest number of causes are tryed. 
I hope to have the pleasure of seeing you soon And 
am Sir cfe c 



To His Exc'y G l Amherst. 

N York Oct r 12 th 1761. " 

Sir 

In answer to the message which I received from 
your Excellency last night by L f . Col. Robinson I am 
to inform you that soon after the Assembly had re- 
solved to pay 173 Men on your requisition, I sent a 
Copy of their resolves to Col. Thodey & directed him 
to recommend such officers whom he thought most 
proper for that Service & were willing to serve but not 
to enlist the Men till he should hear from me. Ac- 
cordingly he recommended Major Hogan to be Captain 



THE COLDEN PAPERS. 125 

who was willing to accept of the Commission & three 
other subalterns who he assured me were very proper 
for that service. On Thursday last I sent directions to 
Col Thodey to inlist the Men & inclosed Commissions 
to the persons he had named. I desired my son Alex- 
ander to enclose my Letter under his cover to Col. 
Broadstreet & to desire him to forward it by the first 
safe conveyance & to acquaint him with the contents 
of it. This day I have sent a Duplicate of my Letter 
of last Thursday to Col Thodey <fe I have given direc- 
tions to the Commissioners to send up the bounty 
money for inlisting. 

I hope to have omitted nothing that your Excellency 
expected from me I am with the greatest respect Sir 



To Abraham De Peyster Esq* Treasurer of the 

Colony of New. York. 

New York Oct r 14 th 1761. 
Sir 

It appearing from the representation of the Paymas- 
ters and Commissaries of the Forces that there is a 
deficiency of the sum of Three thousand five hundred 
pounds in the sum necessary to discharge the pay that 
will be due to the Troops on the first l)ay of Novem- 
ber next which deficiency arises from the General 
Assembly haveing made actual provision for fourteen 
hundred Men, <fe only passed a vote of Credit as to the 
Men that should be raised beyond that number: to 
avoid the Inconveyniencies which it is apprehended 
might happen if the whole of the pay due should not 
be paid to the Troops at the time of their discharges, 
I do, by the advice of his Majesties Council recommend 
that you will out of any money in your hands unappro- 
priated or not necessary to be more immediately issued 
tor other services advance <fc pay to the said Commis- 
sioners & Pay Masters any sum not exceeding Three 



126 THE COLDEN PAPERS. 

thousand five hundred pounds for which they shall 
apply to you, to make up this deficiency in the Provi- 
sion already made for the pay of the forces, which there 
can be no doubt will be allowed you in your accounts, 
or replaced by the General Assembly agreeable to their 
vote of Credit. I am Sir 



To Coll. Thodey or the Commanding Officer of 
the New York Regiments at Oswego. 

New York 8 th Oct r 1761. 
Sir 

Your Letter of the 22 nd of Sept r incloseing the Re- 
turn of the Regiment of the 16 th and Copies of your 
orders of the 2l ht I received. The General has by his 
Letter to me of the 5 th Instant acquainted me that by 
the arrival of the Packet he finds the Quotas demanded 
of the several Provinces will be requisite & desired I 
w r ould give the necessary directions for retaining the 
173 Men officers included in the pay of this Province, 
during the ensuing Winter, you will therefore if the 
w r hole of that number are not yet entered, Order the 
officers whom on your recommendation I have ap- 
pointed to the Corps to complete the number as soon 
as possible. The inlistment must be from the l rt of 
November next to 1 st July 1762 unless soouer dis- 
charged. Should any deficiency happen by Death or 
otherwise before the first of November you will take 
care to supply it by engaging others, so that the whole 
may be complete when they enter on this service. . I 
have issued a Warrant for the bounty of 40 8 to each 
man and the Commissaries and directions to M r Vol- 
kert P. Douw to pay the bounty at Schenectady to 
the Person w r ho shall produce an order for that purpose 
from the Commanding Officer of the Company as the 
Act directs, aud they will take care to have the Cloath- 



THE COLDEN PAPERS. 127 

ing in readiness either to send or deliver as they shall 
think best, of which notice will be given. 

The attention you have shewn <fc the manner you 
have acquited yourself in every point of service assure 
me nothing will be wanting to put this Corps in a 
State capable of performing the Duty expected of 
them. I need therefore add nothing more on this sub- 
ject As the time is approaching when the Regiment 
will expect to be discharged, the dispositions you shall 
make against that event, and your own &, the care of 
all the officers in general, will 1 hope tend as much as 
possible to the preservation of the Troops on their 
March to Albany & in returning to the places of their 
abode so that no neglect may be imputed to the offi- 
cers in this essential part of their Duty the Commis- 
sions are enclosed. I am & c 

To the Duplicate was added as follows. 

Fort George Nov. 12 th 1761. 

Above is the Duplicate of what I sent last Post to 
Albany with the Commissions inclosed. My son Alex r 
by my order inclosed it to Coll. Broadstreet to for- 
ward. 

Last night I received a message from the General by 
Coll Robinson to put me in mind that the inlisting of 
the 173 Men be not neglected. Let me know as soon 
as possible what is done that the service may not suffer 
by any delay or otherwise which it may be in your 
power or mine to prevent I am 

I forgot to inform you that the Assembly have pro- 
vided for a Surgeon at the rate of 10 s p r Day, but no 
provision for Medicines Agree with any fit person for 
this Service & I shall send his Commission when I 
know his name. 



128 THE COLDEN PAPEBS. 



To the Right Hon bl * the Lords Coms m for Trade 

<fc Plantations. 

New York Oct' 21 8t 1761. 
My Lords 

Inclosed is the answer of the Council to the Allega- 
tions contained in the Petition of John De Noyelles to 
your Lordships with the papers referred to in their 
answer. 

As to what seems more particularly to relate to my- 
self, your Lordships may be assured that since the 
Administration has been in my hands, the Court of 
Chancery has been as much open to all Persons as ever 
at any time, & if 1 may credit the register of the Court, 
more business has been don in it, than in 12 years 
before. 

I nor none of my family have any interest in the 
Lands at or near the place where John De Noyelles 
resides. He never made any application to me, except 
in favour of one whose name 1 have forgot, to have 
that person admitted to be a Solicitor in Chancery on 
his pretensions of his having been admitted a Barrister 
at Law in the Inns of Court, tho' he had no evidence 
of this, pretending that he had lost his Papers. All I 
did in this case was to refer the Petition to the Judges 
of the Supreme Court as usual in such case, for them 
to examine into his qualifications & to report to me, 
after which I heard nothing from him. I am with 
great Submission My Lords <fc c 



To His Excellency tiie iion bl " R t Monckton Gov* 
of the Province of New York. 

New York, Nov. 11 th 1761. 
Sir 

I received your Excellency's Letter this afternoon 



tHE COLDEN PAPERS. 129 

while General Amherst gave me the honor of his Com- 
pany, which I hope will be an excuse for my not an- 
swering it till he left me. All that I can say is that as 
soon as I shall know his Majesty's pleasure on the sub- 
ject of your Letter I shall pay a due regard to it. I 
am with the greatest respect <fc truth Sir Y r most obey- 
dient <fe most humble Servant 



To Gov R Monckton. 

New York Nov r 12 th 1761. 
Sir 

It gives me great concern that I learn by your Ex- 
cellency's Letter which I received this Morning that 
mine of last night is not so satisfactory as you ex- 
pected ; I am humbly of opinion that his Majesty's In- 
structions to you are the only rule for me to act by, & 
as I do not know them it is impossible for me to give 
a more explicit answer than I have given. Within my 
own knowledge the Article in Sir Charles Hardy's In- 
structions to which your Excellency refers has been 
framed differently in Instructions to other Governors. 
I beg your Excellency would not imagine that I have 
the least thoughts of depriving you of any of your just 
rights, if it were in my power. I hope nothing in my 
past conduct can give the least cause for such a suspi- 
cion. At the same time I am confident from your Ex- 
cellency's well known generosity that you will not 
desire that the honor which his Majesty has done me 
by appointing me his Lieutenant Governor of this 
Province should be to the prejudice of my family. 
There is no Salary at this time for the Gov r of this 
Province, & it is not impossible but that the Assembly 
may grant the Salary for this year on terms which the 
Gov r cannot accept consistently with his Duty to the 
King, <fc the Perquisites are by their nature precarious. 
For these reasons, I know not how I could have an- 
9 



130 THE COLDKN PAPERS. 

swered your Excellency's Letter of yesterday more ex- 
plicitly than have done. 

The Expence of keeping a family in this place with 
any degree of distinction is so well known to your Ex- 
cellency that I am perswaded you will readily believe 
me when I assure you that the Salary & Common per- 
quisites have not don more than defrayed the expences 
of my family tho' conducted with all the saveing oecon- 
omy I could. The only perquisite which can be 
thought considerable is that for the grants of Lands 
and as to this I am willing to submit to any regulation 
you shall please to propose. 

I have such confidence in your Equity and Generos- 
ity that I shall think it happy for me that your Excel- 
lency will please to be explicit, as I cannot take upon 
myself to make proposals to your Excellency. You 
will therefore Sir do me a singular favour by being ex- 
plicit with me in what you expect, <fe then I hope I 
shall convince you how much 1 have at heart to be iu 
your favour & how desirous I am that your Excellency 
will esteem me as Sir Y r most obedient <fc faithfull 
Serv' 



To Sir W m Johnson, Bart. 

Fort George Nov r 22 nd 176L 
Dear Sir 

Last night I received your favour of the 6 th which 
gave me the great pleasure of knowing that you are 
return'd safe from your tedious journey, <fe that you 
had succeeded in the affairs you went upon. On which 
I heartily congratulate you. It will give me the great- 
est pleasure to have a more particular account of this 
new addition to the many signal Services you have don 
your Country. 

I hope Sir you do not imagine that your disap- 
pointment as to the Lands the Indians have given you 
is in any shape owing to my negligence of what con- 



THE COLDEN PAPERS. 131 

cerns you. It would have given me the greatest pleas- 
ure to have convinced you of the great regard & esteem 
I have at all times retain'd for you, and of the high 
value I put on the friendship with which you do me 
honour You know that in the grant of Lands the Coun- 
cil have a negative upon me, & while I thought that I 
could not have their concurrence, I thought it best to 
delay to a more favourable opportunity which I hope 
may now happen on your proposals by M r Banyar. It 
is certainly my interest as well as Inclination to for- 
ward your affair as much as in my power. As to the 
Sheriff of Albany's office, I hope you are satisfyed that 
General Amherst had laid me under a restraint from 
which I could not free mvself. 

M r Barclay told me that he was willing to part with 
the land which he has near the Mohawk Castle for the 
use of a Minister for the Mohawks provided he have 
the money repaid him which it cost him, <fc to prevent 
niistakeshe would give his proposals in writing, which 
he has not don. After I heard you was gon on your 
journey I thought it best to delay pressing him till 
your return. I shall now very soon put him in mind 
of it. 

It may be best for you to write the informations you 
have received of Urie Clock's behaviour in respect to 
the Indians land in a letter by itself with what you 
desire to have done, that I may lay it before the Coun- 
cil for their advice and concurrence, as I really think 
it a matter of consequence in which they have had 
great injustice don them, <fe would gladly do every- 
thing in my power for their reliefe. As your Letter 
this time is on private affairs, I think it improper to 
lay it before the Council, & it is not full enough to 
form any legal proceedings on it, neither do I as yet 
conceive what method may be the most effectual for 
their releif. 

I expect the Packet will sail before the end of this 
week, and as I am busy in my Letters to England and 
prepareing for the meeting of the Assembly I am 



132 THE COLDEN PAPERS. 

pretty much hurried for I seldom can prevent being 
interrupted by people's comeing on their private busi- 
ness. 

Be assured that nothing can give me more satisfac- 
tion & pleasure than to be esteemed by you as I really 
am Sir your Sincere friend <fe most obedient Servant 



To the Right Hon 8 " M b Secretary Pitt. 

New York, Nov r 22 nd 1761. 
Sir 

On the 26 th of last month, Major General Monckton 
published his commission of Captain General <fe Gover- 
nor of this Province. On the 13 th of this Month he 
produced in Council his Majesty's leave of absence, & 
redelivered the seals to me. 1 have now again eutered 
on the administration, by Virtue of his Majesty's Com- 
mission appointing me Lieutenant Governor <te of the 
Clauses contain'd in the Governors Commission for that 
purpose. 

It is necessary that I inform you that General 
Monckton did not receive his Majesty's Instructions 
with his Commission notwithstanding of an express 
reference in the Commission to them, as delivered with 
it. The Governor did not inform me or the Council of 
this, till after his Commission was road in Council, 
when some doubt arose as to the appointment of his 
Majesty's Council for this Province, the nomination <fc 
appointment <fe rank being expressly referred by the 
Commission to the Governors Instructions delivered 
with the Commission. This in case of my death, while 
the Governor is absent may occasion difficulties of 
greater consequence. 

M r Pratt, by virtue of his Majesty's Mandamus has 
received his Commission of Cheif Justice of this Prov- 
ince & has taken the usual Oaths to qualify himself for 
the office. 



THE COLDEN PAPER9. 133 

It may likewise be proper to inform you, that it has 
been usual to send over new Seals on a new Accession, 
and that none are received. 

The support of Government expired the first of Sep- 
tember last. The Assembly is called to meet this day 
to make further provision for this purpose. 

I flatter myself that by my past conduct it will ap- 
pear, that I have endeavoured to do my Duty : <fe I 
shall continue the same endeavours to the utmost of my 
ability. I hope with submission to obtain thereby the 

honor of beins: Sir 



To M* Sec" Pitt. 

New York Nov r 23 d 1761. 
Sir 

I am now about giving you a trouble which I should 
not have attempted to any other person in your high 
station, and tho I be entirely a stranger to vou, & have 
no connections to favour my pretentions, I assure my- 
self that you will not receive them with contempt. 

I flatter myself that I was appointed Lieut. Gover- 
nor of the Province of New York as a reward of my 
past services which were known at the Board of Trade 
& Plantations, and of my past conduct in the adminis- 
tration of this Government after M r De Lancey's 
Death. 

By the late Kings instructions to Sir Charles Hardy, 
our late Governor in Chief in case of his absence, the 
Lieutenant Governor is to receive One full moyety of 
the Sallary and of all perquisites and emoluments which 
would otJierwise become due to you (the Governor) 
This Instruction was formerly, One full moyriy of the 
Sallary, and all perquisites and emoluments which 
would othenoise become due to you. 

I was informed by M r Burnet that when he was ap- 
pointed Governor of this Province, about the year 1720, 
a Clerk of the Board of Trade, without direction from 



134 THE COLDEN PAPERS, 

the Board, inserted the word [of] between the words 
[and] and [all] by which single word so considerable 
alteration has happened in this Instruction before that 
time and afterwards. This I presume will appear by 
the copies of the Instructions to M r Hunter <fe all pre- 
ceeding Governors <fc the Copies of the Instructions to 
M r Burnet and succeeding Governors, remaining in the 
Board of Trade's office, & I presume likewise nothing 
appears on the Minutes of the Board of Trade to au- 
thorise the making so material an alteration. 

Perquisites cannot legally or equitably be due to any 
besides the Person who performs the service on which 
they arise. They are conceived as a quantum meruit 
for those services & cannot with equity be given to an- 
other. It may therefore be reasonably inferr'd that the 
King's Ministers when this Instruction was originally 
framed designed that the person who perforni'd the 
Services should receive the whole of the perquisites <fc 
emoluments of those services, and that the alteration 
made in the Instructions has been fraudulently ob- 
tain'd. 

The Cloathing of the four Independent Companies 
of Fusiliers in New York is entirely received by the 
Gove 1 " in Cheif in his absence as well as when he re- 
sides without the least share of it to the Lieutenant 
Gov r , tho' I am well assured this single emolument is 
of more value than all the other perquisites <fc emolu- 
ments put together. 

The perquisites are received in the same denomina- 
tion of current money of this Province, in which they 
were at first established, tho' the value of the current 
money has been greatly diminished since that time, & 
the price of all necessaries of living greatly increased, 
I may appeal to Sir Charles Hardy our late Gov r that 
it is not possible for any family to live with the least 
distinction on the half salary and half perquisites, & 
yet since he left this place, all necessaries of living are 
increased one third more than they were when he was 
in this place. To all which I may add that while 



THE COLDEN PAPERS. 135 

the Gov' in Cheif resides in the Province, the Lieu 1 
Gov' has not the least profit or advantage by his 
office, 

I therefore humbly pray, that, if the Instructions be 
not already transmitted this Instruction be restored to 
its original form as it was intended to be : or that I 
may have such other releif as his Majesty in his wis- 
dom shall think fit. 

I know Sir the difficulties attending a formal appli- 
cation, & therefore I shall only trust to your candor 
& equity towards an old Servant of the Crown, whose 
ambition is to merit the honour of being with great 
Submission, Sir 



To the R T Hon"* the Lords Commissioners for 

Trade & Plantations. 

New York Nov r 25 th 1761. 
My Lords 

On the 26 th of last Month, Major General Monckton 
published his Commission of Captain General and Gov- 
ernor of this Province: On the 13 th of this Month he 
produced in Council his Majesty's leave of absence <fc 
delivered the Seals to me. 

I have now again entered on the administration by 
virtue of his Majesties Commission of Lieutenant Gov- 
ernor, & of the Clauses contained in the Governor's 
Commission for that purpose. 

It is necessary that I infoihn your Lordships that 
General Monckton did not receive his Majesties In- 
structions with his Commission, notwithstanding of an 
express reference in the Commission to them, as deliv- 
ered with it. The Governor did not inform me or the 
Council of this till after his Commission was read in 
Council when some doubts arose as to the appointment 
of his Majesty's Council for this Province, their nomi- 
nation and appointment & Rank being expressly re- 
ferred by the Commission to the Instructions delivered 



136 



THE COLDEN PAPERS. 



with the Commission. This in case of my Death while 
the Governor is absent may occasion difficulties of 
greater consequence. 

The Assembly met yesterday, inclosed is a printed 
Copy of what I laid before them. 

I flatter myself that I was appointed Lieutenant * 
Governor as a reward of my past services, while many 
years in the Council which were best known to your 
Lordships cfe of my conduct in the administration after 
M r De Lancey's death. 

By the late King's Instructions to Sir Charles Hardy 
our late Governor in case of his absence One full 
moyety of ths sallary and of all perquisites and emolu- 
ments, which would otherwise become due to {the Gover- 
nor) are to be paid to the Lieut. Gov r . This Instruc- 
tion was formerly One full moyety of the Sallary and 
all perquisites <$f emoluments which would otherwise be- 
come due to you, 

I was informed by M r . Burnet that when he was ap- 
pointed Gov r of this Province, about the year 1720, a 
Clerk of the Board of Trade without direction from 
the board inserted the word (of) between the words 
(and) and (all) by which single word so considerable 
an alteration has happened in this Instruction before 
that time and afterwards. This I presume will appear 
by the Copies of the Instructions to M r Hunter <fe all 
preceding governors, & of the Instructions to M r Bur- 
net and succeeding Governors remaining in your Lord- 
ships office. And I presume that nothing appears in 
the Minutes of Transactions at your Lordships Board 
to authorise so material an alteration. 

Perquisites cannot legally or equitably become due 
to any besides the person who perforins the Service on 
which they arise. They are conceived as a quantv/in 
meruit for those services. It mav therefore be reason- 

« 

ably inferred, that the Kings Ministers when this In- 
struction was originally framed intended that the per- 
son who performs the service should receive the whole 
of the perquisites <fc emoluments of those services, and 



THE COLDEN PAPERS. 137 

that the alteration made in the Instructions has been 
fraudulently procured. 

I therefore humbly pray that if the Instructions be 
not already transmitted this Instruction be restored to 
its original form, as it was really intended to be : or 
that some other proper reliefe be given as Justice re- 
quires. 

The value of the Currency of this Province is so 
greatly diminished, since the first establishment of the 
perquisites and the price of all necessaries of living so 
greatly increased, that a family cannot be supported 
with the least distinction on the half salary <fc half per- 

^uisites. To this may be added that while the Gov r in 
Ihiefe resides in the Province, the Lieut Gov r has not 
the least proffit or advantage by his office. 

It shall be my continued endeavor to show how am- 
bitious I am of being as my greatest honor My Lords & c 



To John Pownall Esq b 

New York Nov r 26 th 1761. 
Sir 

In the short time of 18 days, in which General 
Monckton took the administration upon him, I discov- 
ered by his behaviour, that he had entertain'd some 
disgust with me but by what means or on what occa- 
sion I could not conceive, till the day before he left 
this place to proceed on the Expedition. 

Then I found that Smith the younger a Lawyer had 
somehow obtained an Intimacy with General Monck- 
ton, <fc like a crafty malicious smooth tongued hypo- 
crite made use of the influence he had obtained in the 
manner I am about to relate. 

ftp ftlonckton did not receive his Majesty's Instruc- 
tions with his Commission. He did not inform me of 
this defect nor the Council till after his Commission 
was read in Council, at which it was always usual to 



138 THE COLDEN PAPERS. 

produce the Instruction in which is the nomination <fe 
ist of Councillors to shew that they are the persons 
authorized to qualify the Gov r <fc to act as his Majes- 
ty's Council. On my informing him of this usual prac- 
tice he answered that he had received no Instructions. 
I solemnly declare that before I heard these words, 
after his Commission had been read, I did not know 
that M r Monckton had not received his Instructions 
nor had I the least suspicion of it. The surprise imme- 
diately raised a doubt what was to be don in the case, 
when it appeared by the Commission that the King 
had made an appointment of Councellors in his Instruc- 
tions, and it does not appear who these persons are. If 
every word then spoken, could be remembered, tho' spok- 
en under surprise & without time to reflect nothing was 
said that could reasonably be taken amiss. However 
Smith the younger (as I have been well informed) 
made use of this to influence M r Monckton with strong 
resentment against me by perswading him that I knew 
the Instructions had not been sent over with the Com- 
mission and that I designed to prevent M r Monckton's 
entering upon the administration by the want of suffi- 
cient authority to qualify him, every part of which is 
absolutely false. However it had its effect that was 
designed, in raising a flame in materials easily suscepti- 
ble of it. In consequence of which he never once 
spoke in private with me on any one point of Govern- 
ment. He did several things of no manner of use to 
himself, which he might properly have left to me, as 
they might have served to make my future administra- 
tion easy. On a very slight occasion he declared in 
Council that he would have given the Judges their 
Commissions during good beheaviour, & that it was 
wrong to refuse them, & this he did without de- 
sireing to know my reasons for refusing and without 
having spoken to me in any manner on tlie subject. I 
need not to mention to you the reasons of my conduct 
as they were before that time submitted to the Lords of 
Trade and Plantations. 



THE COLDEN PAPERS. 139 

The day before the Governor delivered the Seals to 
me, he wrote a letter to me, to know what I intended to 
do as to the half sallary <fc half perquisites due to him 
while I had the administration. I answered that I 
would comply with his Majesties Instructions as soon 
as I shall know them : he insisting on a more explicit 
answer I told him that I knew of no obligation I am 
under to give anything obligatory in writing under my 
hand, but I declared before several Gentlemen of the 
Council that I would yield obedience to the Instructions, 
<fc was willing to have this declaration entered on the 
Minutes of Council On which M r Monckton appeared 
to be in a violent passion and broke up the Council. 

After this I went to M r Watts one of the Council, 
an eminent Merchant in this place, & the only person 
I knew to be intimate with M r Monckton to desire his 
assistance to reconcile matters between M r Monckton 
<fc me. M r Watts advised me for particular reasons to 
enter into an agreement in writing, which I did consent 
to, and which was accordingly drawn up with M r Watts 
approbation & sent to M r Monckton for his approba- 
tion. In consequence of which he sent me the same 
evening a paper in the hand writing of Smith the 
younger by which under the penalty of £1000 I 
should receive no part of the Sallary or Perquisites 
during his absence, but that the whole of both should 
be paid into the hands of the deputy Secrett y and he 
afterwards to account to us under the like penalty. 
After I had received this paper M r Watts was so kind 
as to carry my answer which was Whatever the conse- 
quence be of my refusal, I will not sign that paper or 
any paper similar to it as it is thing unworthy to be 
offered to any gentleman or to one in my Station. 
The same Evening the same Smith framed a Bond of 
£2000 with security that I should account upon oath 
& c this was shewn to M r Watts before it was sent me, 
he told M r Monckton that the security was needless, 
that he would at any time if I desired it let me have 
double that sum on my single Bond & that the words 



140 THE COLDEN PAPERS, 

upon oath could only serve to irritate, to which he was 
sure the Lieut. Gov r would not yield nor could he ad- 
vise me to it, on which the Security and the words 
upon oath were struck out of the rough Draft sent me. 
By M r Watts's perswasion I consented to give a Bond 
to M r Monckton for one half of the Sallary & of the 
Perquisites during his absence if the King's Instruc- 
tions to him [were the same] as those of the late King 
to Sir Charles Hardy. 

The reason of my doing this is, that the Gov* has 
power to suspend the L l Gov. and to appoint another, 
but tho' such a suspension may take place & the ap- 
pointment of another may serve while the administra- 
tion is in the hands of the Gov r in cheif yet it is 
thought that it is not sufficient to empower the Lt Gov. 
appointed only by the Gov r in cheif to take the adminis- 
tration of Government upon him. It seems in no 
manner to be the Kings intention to impower the Gov- 
ernor to appoint a successor in the administration, 
since it is so carefully provided for otherwise in the 
Commission. By the Commission in case there be not 
L fc Gov r , the person first named in the list of Councillors 
contained in the Instructions & resideing in the Prov- 
ince is to take the administration upon him, in case 
of the death or absence of the Gov'. As no such list 
is at this time to be found in the Province, it must 
have lieen thrown into confusion in case the Gov r had 
suspended me. He seemed to be in such heat that 
none could say what he would not do. This Province 
was thrown into confusion on a similar occasion by a 
military Gentleman privately influenced which gave 
rise to violent parties which had but lately subsided. 
Besides this vou know it is impossible for anv man in 
a publick station to please every body. Many are de- 
sirous to fish in troubled waters. If an open breach 
should have happened between the Gov r and me it 
would have encouraged Persons disposed to give me 
uneasiness in my administration, which at my age I 
am desirous by all means to avoid. 



THE COLDEN PAPERS. 141 

You may assure yourself that I have at no time 
given G l Monckton any occasion of offence either by 
word or action or of any neglect of respect besides 
what is mentioned above, <fc I think in that likewise I 
have given no just occasion. 

Now Sir what 1 intreat of you is that if I can ob- 
tain releife by any alteration iu the Instruction, as I 
have desired by my Letters to the Lords of Trade <fe 
Plantations & to M r Sect ty Pitt that I may have your 
friendly assistance in procuring this releif which I 
think justly due to me or any other releif which shall 
be thought proper. 

If the subject of this Letter do not excuse my giving 
you this trouble I know not how to do it. I trust to 
your benevolence & the sincerity of my own heart in 
being with the highest esteem your affectionate Friend 
and Sir Y r & c 



To His Excellency Josiaii Hardy. 

Fort George N. Y. Dec r 8 d 1761 
Sir 

I have the honour of your Excellencys Letter of the 
28 lh of last Month Please to accept of my congratu- 
lations on your safe arival cfc assuming the Government 
of New Jersey. May it be as happy to yourself, as it 
certainly will be to the people you govern. If in any 
shape I can be of use to you it will give me great 
pleasure in receiving your Commands to Sir Y r <k c 



To Sir Jeffrey Amherst. 

New York Dec r 11 th 1761 

Sib 

As I know not how to obtain the liberty of several 
of his Majestys subjects detained in Miserable Cap- 



I 



142 THE COLDEN PAPERS, 

tivity by a tribe of Delaware Indians otherwise than 
by application to your Excellency, I give you the 
trouble of perusing the inclos'd papers : and I beg that 
ou will please to take some method effectual to re- 
ieve those miserable objects of compassion. Several 
of them as I am informed lived in the neighbourhood 
of my house. M r Hasbrouck one of the Representa- 
tives of the County of Ulster tells me that a Young 
Woman taken by them had no other way of relieving 
herself from the brutal lust of one of these Indians 
but by cutting her own throat. This tribe consists of 
a number of fugitives from this Province, New Jersey 
& Pensilvania, & are truely a Nest of barbarous 
Theifs <fc Robbers to be restrained only by fear. I am 
with the greatest truth Sir & c 

List of Papers sent with this Letter viz : 
Copy Minutes of Proceedings of Cornelius Hoornbeek 

<fc others with some of the Delaware Indians at 

Kingston in Ulster County, Nov r 16 th 1761. 
Copy of a Paper delivered to the L l Gov r by Coll. 

Ilaasbrouck giving some account of the Affair with 

the Indians at Kingston Nov r 16 1761. 
Copy of the L l Gov r Letter to Cornelius Hoornbeek & 

others direct ins: them to meet the Indians that come 

to renew Friendship with the Indians. 



To Sir W m Johnson Bart. 

N. York, Dec r 13 th 1761. 

Sir 

Above is a Copy of a Letter which I received from 
D r Barclay in answer to what you wrote me on the 
subject of the Lands which he has near the Mohawk 
Castle. As I make no doubt of the truth of the facts 
which he relates, I am in hopes his answer will be 
satisfactory to you. If anything farther be in my 



THE COLDEN PAPERS. 143 

power for . promoting the Interest of Religion among 
the Indians it will give me great satisfaction to do it. 

Some Delawar Indians living (if I mistake not) 
near Ohquaque, came to Kingston after they had 
promised the People there to bring <fe deliver up all 
his Majesty's subjects they had prisoners among them, 
which they have not done and still detain them under 
false excuses — As I have informed General Amherst 
of this Transaction I expect you will hear more par- 
ticularly from him. 

I have a letter from the Earl of Egremont of the 
9 th of Oct r informing me of his being appointed Secre- 
tary of State for the Southern Department in the 
place of M r Pitt who was retired with his Majesty's 
leave from business. My Lord Egremont informs me 
that this change will make no change in his Majesty's 
measures & that the war will be carried on vigorously. 
I am with great truth <fc regard Sir Your <fc c 



To Sir W m Johnson 

N. Y. Fort George Dec 27 th 1761. 
Dear Sir 

Last Wednesday the soonest that I could after I 
had received yours relating to Clock and the Indian 
Lands at Conojohary, I laid it before the Council and 
it is refer'd to a Committee to consider what may be 
proper to be done. They all seemed satisfyed of the 
fraudulent practices in that affair, & desirous to do 
everything in their power for the relief of the injured 
Indians, but as your information was not accompanied 
with any affidavits on which a legal process can be 
founded they seemed to be at a loss in what manner 
to proceed. For which reason I think it may be 
proper for you to procure what affidavits you can of 
the frauds in the original Purchase of which I believe 
David Schuyler & his Sons if they or any of them be 



144 THE COLDEN PAPEES. 

willing can fully inform you and perhaps some others 
can. If this cannot be obtained, or even if it should 
it may be proper to have a formal complaint from the 
Indians in writing setting forth all the particulars of 
the fraud <fe the persons names concerned in it 

As I really beleive the Indians have had great in- 
jury done them by these fraudulent proceedings, you 
may assure them of my doing every thing in my power 
for their releife. 

We are now upon the conclusion of the Sessions 
of Assembly which take up both my time & the 
Councils. 1 suspect nothing can be done on what is 
now before them till after the Holy Days, and indeed 
that nothing can be effectually done till some affidavits 
can be procured <fe sent down However I shall not 
omit to press them to some resolution to give the In- 
dians ease at least for a time. 

The General at my desire lias transmitted some 
papers to you relating to several Prisoners detained by 
a Tribe of fugitive Indians near Ohquague. These 
miserable people 1 doubt not will have your Compas- 
sionate regard. I am most Sincerely & heartily Sir <fe e 



To Maj b Gl. Monckton. 

New York, Jan y l 8t 1762. 
Sm 

Having this Opportunity by Capt n Burnet, I do 
myself the Honour to inform your Excellency, that 
every thing in this Government is quiet ; & I hope will 
remain so till your return that you may reenter on the 
administration with satisfaction to yourself. The Ses- 
sion of Assembly which began on your Excellency's 
call will end in a few days. The support of Govern- 
ment is granted as usual except a restraining clause 
in respect to the Judges which I think proper to leave 
to his Majesty's determination. 



THE COLDEN PAPERS. 145 

Before this can reach you, all our earnest wishes 
for your success, will be accomplished to your own 
honour as well as the glory of his Majesty's Arms 
which will give joy in a particular manner to all his 
Majesty's faithfull Subjects in this Province. 

It will give me the greatest pleasure to receive your 
Excellency's Commands, that I may shew with what 
sincerity & faithfulness I am Sir Y r <fe c 



To the Hon 8 " Will m Smith Esq*. 

Fort George Jany 4 th 1762. 
Sir 

As you thought that a few hours would be sufficient 
to amend the Partition Bill as I proposed to have it 
done, I expected to have seen the amendments sometime 
on Saturday last that I might have time to consider 
them before any proceedings be made on it. As things 
now stand you know this is become necessary, & I hope 
you & the Persons interested in that Bill are sensible 
how willing I am to gratify you & them consistently 
with my Duty. I am with great regard Sir your cfe c 



To the Right Hon 8 " 5 the Earl of Egremont. 

New York Jan y 4 th 1762. 
My Lord 

With pleasure I imbrace this first opportunity of 
obedience to your Lordships commands of the 9 th of 
October to address my letters to you by humbly entreat- 
ing your Lordship to present to his Majesty the hearty 
& joyful congratulations of the Council and General 
Assembly of this Province jointly with myself on his 
Majesty's Nuptials which I now enclose. 

No doubt your Lordship will be pleased with every 
10 



146 THE COLDEN PAPERS. 

proofe of the Loyalty & fidelity of his Majesty's sub- 
jects however distant they be : I hope therefore I need 
not apologise for the trouble I give your Lordship on 
this occasion. 

It shall be my constant endeavour to do my Duty 
that thereby I may merit the honour of being with 
great submission My Lord <fc c 



To the Kings most Excellent Majesty. 

The Humble Address of the Lieutenant Governor, The 
Council and the General Assembly of the Colony of 
New York. 

Most Gracious Soveraign 

We your Majesty's Lieutenant Governor, the Coun- 
cil and the General Assembly for the Colony of New 
York, happy in an opportunity of testifying the Ar- 
dour and sincerity of our Loyalty <fc affection to the 
best of Kings, beg leave to join in the joyfull acclama- 
tions of your faithf ull people, and to offer our most 
respectfull congratulations on your auspicious Nup- 
tials. 

Tho' placed at a distance from your most Sacred 
Presence we eminently share the distinguished Bless- 
ings of your Glorious Reign, and sensibly feel the in- 
fluences of your wisdom <fc magnanimity in the exalted 
State of Honour <fc Grandeur to which your Kingdoms 
& Colonies are advanced. 

It is our peculiar felicity to see subjected to your 
Dominion by a series of splendid victories, a perfidi- 
ous rapacious neighbour, who long meditated our total 
extirpation ; & we can never reflect on this interest- 
ing event, without being w r arm'd with the most lively 
and indelible sentiments of Love & gratitude to your 
Majesty, and our late most gracious Soveraign whose 
Paternal protection, so bountifully & gloriously exerted, 



THE COLDEN PAPERS. 147 

has with the Divine favour rescued us from impending 
Ruin and established us in triumphant security. 

Nor are we less sensible of the diffusive Blessings 
derived to us from your Illustrious House in an equal 
participation of the Rights & Privileges of a free <fc 
happy people under a succession of Kings who have 
made it their glory and Delight to sway the Scepter 
agreeable to the wise and lenient frame of the Brittish 
Constitution, & to Reign in the Hearts of their subjects 
by makeing their weliare & Prosperity the Cheif ob- 
ject of Royal care. 

Our Happiness and our Gratitude would only be in- 
creased by this recent proofe of your Majesty's atten- 
tion to the Publick Wellfare in providing for its future 
Stability & security, bv\crowning with the lustre of your 
Diadem an amiable Princess graced with accomplish- 
ments worthy the affections of so august a Monarch and 
the most cordial Reverence & esteem of a Loyal People. 

From this happy union with the highest satisfaction 
we contemplate the pleasing prospect of a Race of 
Princes who like your Majesty will bless and adorn 
your kingdoms and colonies to the latest ages ; and we 
devoutly implore Divine goodness to perpetuate to 
your Majesty and your Royal Consort, in the most per- 
fect & consummate Degree every Publick and domes- 
tic felicity. 

May it please your Majesty to permit us to add our 
zealous assurances of the most inviolable attachment to 
your Majesty's Person, Family, and Government, & 
that it shall be our constant Endeavour to preserve & 
maintain that firm Spirit of Loyalty and Obedience 
which so happily & universally prevails in this your 
faithfull Colony. 

Cadwallader Colden. 

By Order of the Council, 

Dan l Horsmanden, Speaker. 

By Order of the Gen 1 Assembly, 

W. Nicoll, Speaker. 
City of New York 29 th December 1761. 



148 THE COLDEN PAPERS. 



To The Eight Hon 15 " 3 The Lords Commissioners for 

Trade <fc Plantations. 

New York Jan y 11 th 1762. 
My Lords 

By ray Letter of the 25 th of September last, I had 
the honour to inform your Lordships of my having 
refused my assent to a Bill to enact that the Judges 
Commissions be dureing tlieir good Iieheaviour, and I 
gave your Lordships my Reasons. Since which time 
in October last Benjamin Prat Esq r arrived in this 
Province with his Majesty's Commands to me under 
the Signet and Sign Manual to make out a Commission 
for him under the seal of this Province, to be Cheif 
Justice dureing his Majesty's pleasure, <fc Mr. Prat's 
Residence in the Province which is accordingly done. 
This lias freed me from the difficulties I was under by 
the other Judges refusing to act unless they have their 
Commissions dureing good beheavtor, but at the same 
time it lays Mr. Prat under some difficulties, as he is 
a Stranger to the Practice in our Courts. 

Notwithstanding that the Assembly knew the Tenor 
of Mr. Prat's Commission and his Majesty's Instruc- 
tion that Commissions to the Judges be granted dure- 
ing his Majesty } s pleasure only, they absolutely refused 
to grant any Sallary to the Chief Justice or to any of 
the Judges unless their Commissions be dureing their 
good beheaviour and their Sallary to be granted even 
in that case for one year only. They allow no amend- 
ments to be made by the Council to such Bills. 

At this time likewise the Assembly sent up the 
same Bill to the Council to which I had twice refused 
iny assent, viz. to make the Judges Commissions dure- 
ing good behaviour. The Council had a conference 
with the Assembly to perswade them to add a Clause to 
make the Judges Salaries of the same continuance with 
their Commissions but without effect. The Council 
therefore refused their concurrence at this time in pass- 



THE COLDEN PAPERS. 149 

ing the Bill. This obstinacy of the Assembly as to 
the Salary of the Judges seems to me an evident proofe 
of a formed design of undue influence. 

I shall not repeat the Reasons in my Letter of the 
25 th of September, but beg leave to add some other 
ariseing from what has happened since. I sent a Mes- 
sage to the Assembly (a cdpy of which and the Answer 
is inclosed) shewing that the usual allowance for the 
Sallary of a Cheif Justice is insufficient to support a 
family with the least distinction. This is too well 
known to be denyed and their inclinations plainly ap- 

Eear in their answer to have no Cheif Justice unless 
e be a Gentleman of Estate in this Province and to 
discourage the appointing of any other. This falla- 
cious Argument takes with the people tho' in my opin- 
ion not only the king but the Inhabitants likewise may 
more safely trust the Administration of Justice with a 
Stranger who has no private connections, than with an 
inhabitant who has numerous private connections & 
interests opposite to those of many other in the Colony. 
Sure I am Men of greater abilities may be found out of 
the Province than in it. 

The Puisne Judges haveing declined to act and Mr. 
Prat being under a necessity to return to Boston by 
his want of salary they expect that the Governor to 
prevent a failure of Justice must be under a necessity 
in a short time of appointing a person in Mr. Prat's 
place who is ambitious of this office and on such terms 
as he likes. From what I know of particular persons, 
I am perswaded this is their principal view. 

I must observe to your Lordships, that the yielding 
to this view may greatly affect the Administration in 
every part of it. Few people in this Province have 
any dependence on a Gov r , but a Cheif Justice has an 
influence on every Man in it, because no man knows 
when he may have a dispute with his neighbour. If 
then a Cheif Justice for life with large family connec- 
tions form a party to serve ambitious or interested 
views, the Governor must either become the tool of his 



150 THE COLDEN PAPERS. 

party, or live in perpetual contention. This is not a 
meer Hypothesis, we had not long since a glaring in- 
stance of it. 

I know no method to prevent these Evils which I 
apprehend but by his Majesty's granting a Salary to 
his Cheif Justice out of his Quit rents of this Province, 
which I am well informed may be don without preju- 
dice to any appointment on that fund already made. 
The doing of this without delay may prevent the Gov" 
being reduced to the Dilemma of either appointing in 
the manner an ambitious or interested man may desire, 
or of leaving the Province without a Court of Justice. 

Mr. Prat has come to this place with the best Char- 
acter as to his skill in the Law & integrity. He was 
at the top of his profession at Boston. He has left a 
beneficial Practice & now lives at the expence of his 

Srivate Fortune, to shew his regard to the honour his 
lajesty has don him in appointing him Cheif Justice 
of this Province. A neglect of him must bear hard 
on him, & I beg leave to add may greatly affect the 
Kings authority in this Province, by the influence it 
may have on the Minds of the People. 

I flatter myself that I need make no excuse for this 
trouble, as it proceeds from the sense I have of the 
Duty of My Lords <fc c 



To the Right Hon bls the Earl of Egremont his 

Majesty's Principal Secretary of State for 

the Southern Department. 

New York Jany 12 th 1762. 
My Lord 

In October last I received his Majesty's Commands 
under his Signet and Sign Manual to appoint Benja- 
min Prat, Esq, Cheif Justice of this Province during 
his Majesty's pleasure which is accordingly don and 
M r Prat has entered on the office. 

Notwithstanding that the King's Commands are Ex- 



THE COLDEN PAPERS. 151 

press to hold the office during his Majesty's pleasure, 
<fc it is a standing Instruction to the Governor of this 
Province to grant Commissions to the Judges dureing 
his Majesties pleasure only, the Assembly absolutely 
refuse to grant any Salary to any of the Judges unless 
their Commissions be during good beheaviour. At the 
same time they refuse to grant any Salary, to have the 
same continuance with their Commissions, but to grant 
the salary for one year only, to be continued afterward 
at the pleasure of the Assembly annually, as the Sal- 
ary of the Governor is, & of all the other officers of the 
Government are, that the sums allowed may be as the 
officer happens to be grateful to the Assembly or other- 
wise. 

The Salary which the Assembly allowed the Cheif 
Justice for one year, on condition his commission be 
during good behaviour is so small as not to be sufficient 
to support a family above the rank of a common 
Tradesman, and they are at present resolved to grant 
no Salary sufficient to support a family with the least 
degree of distinction. The design is that no person 
may accept the office who has not otherwise a sufficient 
estate in this Province to support his family. This the 
Assembly has in Express words declared in their 
answer to a Message which I sent them on this sub- 

Eit On the other hand, no man who has the least 
owledge of the world, can imagine that any Gentle- 
man will give that application wnich is necessary in 
the office of Cheif Justice, <fe be at the expence of going 
the Circuits without a proper support unless he has in- 
terested views. I am fully convinced such views at 
present exist in the attempt to make the Judges inde- 
pendent of the King, and at the same time to depend 
on an Assembly for their Daily support. 

This undue influence may be to the prejudice of his 
Majesty's Rights in this Province and as to his Prerog- 
ative. It may likewise be injurious to every Inhabi- 
tant when he has a dispute in Law with a leading 
Man in the Assembly. 



152 THE COLDEN PAPERS; 

The Governor's granting the Judges Commissions 
during good behaviour without an Express order from 
the King may in effect deprive the King of the nomina- 
tion of a Cheif Justice & I am confident this is likewise 
in view, for as the death of a Cheif Justice or his re- 
moval out of the Province cannot immediately be 
known to the King or to his Ministers, the Governor, 
without doubt will be strongly sollicited to appoint 
during good beheaviour, & the King will thereby be 
deprived of the Right of Nomination. 

Besides these inconveniences from the Judges Com- 
mission being during good behaviour while they the 
Governor and all the officers of the Government depend 
on an assembly for their daily support ; there is an- 
other inconvenience or rather mischeif which may 
greatly affect the whole administration. While a Gov r 
depends on an Assembly for his daily support, he will 
naturally incline to oblidge those who have the great- 
est influence in an Assembly, by appointing such a 
Person to be Cheif Justice, especially while he is a 
stranger to the views which such a Person has, and per- 
haps depends on him for his advice. In this case the 
influence of a Cheif Justice must be incomparably 
greater than what that of a Gov r can be, for few have 
any immediate dependence on a Gov r , but every man 
in the Province is under the influence of a Cheif Justice, 
because no man can be assured that he may have no 
dispute in Law with his Neighbour. If such a Cheif 
Justice has likewise powerfull family connections the 
dangers from his influence must be still greater. The 
Gov r may therefore in such case think himself under a 
necessity to comply with all the interested or ambitious 
views of such a Cheif Justice, & thereby become the 
tool of a Party or otherwise live in perpetual conten- 
tion. This supposition is not merely imaginary, there 
has been a glaring instance of it in this Province. 

For these reasons I am humbly of opinion that this 
dispute as to the appointment of a Cheif Justice &> 
his Salary deserves the immediate attention of his 



THE COLDEN PAPERS. 153 

Majesty's ministers for otherwise the Gov r may be re- 
duced to a necessity of complying with these interest- 
ed views, however opposite they be to his Majesty's 
Interest, and the true Interest of his subjects or other- 
wise leave the Province without Judges whereby a 
failure of justice must ensue in case of M r Prat's death 
or of his leaving the Province. I am told the Puisne 
Judges will not act and I am perswaded the design is 
to bring me or my successor to this dilemma. 

The only remedy to these great Evils so far as I con- 
ceive is by the Kings granting a Salary to the Cheif 
Justice out of his Quit rents of this Province which I 
am assured may be don without prejudice to any ap- 
pointment already made. As M r rrat is entirely free 
from all connections in this Province, the giving him a 
salary independent of the Assembly must certainly be 
of consequence to his Majesty's Rights in this Province, 
& of benefit to his Subjects in general in all matters of 
Justice. I must therefore beg leave to entreat that 
it be done without delay least I or my successor be 
brought under the dilemma which I have mentioned. 

M r Prat the present Cheif Justice was as I am well 
informed at the top of his profession in Boston, & of 
the greatest Reputation there both for his skill in the 
Law and his Integrity. He has left this beneficial busi- 
ness and now lives at the Expence of his private For- 
tune, that he may shew the Regard he has to the Hon- 
our the King has don him, by appointing him Cheif 
Justice of this Province. 

I flatter myself that I need not make excuse for 
this long letter. The sense I have of my Duty in 
writing it gives me hopes that I may thereby Merit 
the Honour of Being My Lord Y r <fc° 



154 THE COLDEN PAPERS. 



To John Pownall Esq b Secretary to the Board 

of Trade. 

New York, Jany 12 th 1762. 
Dear Sir 

When I first heard of M r Prats being appointed 
Cheif Justice of this Province, I concluded that it must 
be by your Brothers recommendation & consequently 
that he is a Man of sufficient ability. Since he came 
to this place I am fully satisfyed of this, & from 
the Character he has Established at Boston <fc all 
over New-England, I am perswaded he is in every 
respect a proper person for the office. His haveing 
no connection in this Province is a Principal Reason 
with me why he should be appointed preferably to 
any other in this place who make pretentions to the 
office, <fc yet it produces the opposite effect with others. 
They want a Cheif Justice with whom they have 
strong connections, <fc in order to obtain their end find 
pretences to refuse a salary to M r Prat, as I have wrote 
to my Lords Commissioners. 

As M r Prat is your Brothers friend and now living 
with the loss of his Business <fe at the Expence of his 
Private Fortune I hope I may intreat you to inform 
me as soon as may be whether M r Prat may probably 
expect a Salary out of the Quit rents of this rrovince. 
Such information will be of use both to him and me. 
The Quit rents certainly cannot be employed to a bet- 
ter purpose. It is proper this Salary be made payable 
in Sterling money, for the value of our Currency is 
fluctuating, at present £300 Sterling is worth about 
£560 of our Currency. 1 cannot conceive a sufficient 
Reason why the Cheif Justice of Nova Scotia & of 
Georgia have certain and fixed Salaries from the Crown 
and a Cheif Justice of so considerable a Province as 
this should be left in a manner to beg his bread of the 
people. 

G 1 Monckton was in a bad State of health when he 



THE COLDEN PAPERS. 155 

went from this place on the Expedition to the West 
Indies. It will give me great pleasure to hear of your 
Brother's health & prosperity, <fe more pleasure if we 
could have hopes of seeing him in this Place. I am 
with the greatest truth & regard, Sir, Y r 

The three preceding Letters and that with the 
Address to the King were sent by the ship Bell Savage 
Capt n Lewis, bound from hence to Bristol. 



To the R T Hon 81 - 8 the Lords of Trade & Planta- 
tions. 

New York Jany 25 th 1762. 
My Lords 

The last which I had the honour to write to your 
Lordships was of the 14 th of this month by a ship to 
Bristol, a Duplicate of which is enclosed. In the last 
Sessions of the General Assembly begun the 24 th of 
November, and ending the 8 th of this month January I 
gave my assent to 17 Acts, a list of which is at the 
end of the Minutes of Assembly likewise inclosed. 

The only Act of importance is the Act for the more 
effectual Collecting of his Majesty's Quit rents in ths 
Colony of New Xoi\ tf'for the Partition of Lands in 
order thereto. The first part of this Act for collecting 
of the Quit Rents is the same with an Act formerly 
passed under the same Title which expired at this time 
by its own limitation and has been found of great use 
for that purpose. The second part of the Partition of 
Lands is new and on a different plan from the former. 
I found myself under great difficulties in giving my 
assent to it but both the Council and Assembly had it 
so much at heart that I found the refuseing of my 
assent would lay me under a load too heavy for me to 
bear alone. I hope to find some Excuse by my sending 
with this an exemplification of the Act under the Seal 



156 THE COLDEN PAPEES. 

of this Province by the first Packet after it was 
passed ; and so soon that in case his Majesty shall 
disallow of it, the disallowance may reach this place 
before the Act can in any one instance take effect by 
reason of the length of time requisite to give the 
previous notice and other previous steps necessary, 
before any partition can be made. 

The arguments used for the Bill were that the Act 
is principally designed for the Partition of Lands 
which have lain long unimproved by reason of the 
Difficulties the Pattentees or their assigns are under in 
makeing partition among themselves and which accord- 
ing to the Common methods in the Law cannot be done 
without too great expence <fe very tedious proceedings. 

It is certainly of prejudice to the Province that 
these Lands remain uncultivated; and as the Act gives 
no Title nor can prejudice the Rights of the Crown nor 
of any other person other than the Pattentees or their 
Assigns it is said no equitable objection can be made to 
it 

However I must inform your Lordships that this 
Act is principally intended for the Partition of the 
Great Tracts of Land granted before the year 1708, 
paying trifling Quit Rents and in Relation to which 
by his Majesty's fifty first Instruction to Sir Charles 
Hardy, <fe 46 th Instruction to General Monckton, the 
Governor is directed if required to put in practice all 
method* whatsoever allowed by Law for breaking and 
annulling such exorbitant, irregular and unconditioned 
Grants, $ in case of any difficult U/ J s therein to report to 
ths Commissioners of Trade § Plantations. But as 
no one step has hitherto been taken for this purpose, 
it may seem unreasonable to prevent the improvement 
of the Country by settling of these Lands. 

As these Grants do not mention the quantity of Land 
Granted & the boundaries in most of them if not in all 
are uncertain, and many other irregularities appear 
upon the face of them in breach of the trust which the 
King reposed in his Governor who granted them, it 



THE COLDEN PAPERS. 157 

may be probable that these grants are void in Law ; 
yet any attempt to break them will lay a Governor of 
this Province under great difficulties by reason that 
the owners of these are generally of great Interest in 
the Province, & will certainly employ all the most 
popular artifices in such case in prejudice to the Gov- 
ernor which they can invent. 

It is proper to inform your Lordships on this occa- 
sion that the Governor of this Province has not a single 
farthing allowed for any contingent expence, <fe there- 
fore should he Order Prosecutions to annull any of 
these Grants, the expense must be out of his own 
Pockett. The Attorney Generals office for upwards of 
30 years has been filled by Men of no Esteem as to 
their Skill in the Law. Formerly & I believe every 
where else when a gentleman came in the Office of 
Attorney General it gave such representation to his 
character that he was thereby introduced into a great 
share of Practice in Suits between private persons, but 
for some time past we find no Man intrusting his pri- 
vate affairs to the Person with whom the Kings Rights 
in this Province are intrusted. 

This lays a Gov r likewise often under difficulties 
when he cannot confide in the skill of the Person whom 
he ought to consult in all cases of Law. 

It is proper to inform your Lordships farther that by 
reason of the uncertaintys in the description of the 
boundaries of these great Tracts, the Pattentees have 
extended their boundaries in many instances so as to 
take in a much greater quantity of Land, than was 
originally intended & thereby in several Instances dis- 
turb &, disquiet possessors of Land granted since that 
time, & paying 2.0 for every Hundred acres. For this 
reason with some difficulty I got a clause added to this 
Bill whereby the outlines of every Tract are to be run 
by the King's Surveyor General of Lands before Parti- 
tion be made. Tho' what the Surveyor General shall 
do be not made binding on the Parties, yet thereby the 
quantity of Land Granted will be discovered, <fe how 



158 TIIE COLDEN PAPERS. 

far they intrude on the Kings Lands by their Claims, 
in consequence of which Writs of Intrusion may be 
brought, or other legal process for ascertaining the 
true boundary. The doing of this will be attended 
with less Popular Clamour than will attend Prose- 
cutions to break grants on account of any legal defects, 
for in the ignorance of the times bonafide grants may 
be very defective in forni of Law. That your Lord- 
ships may perceive to what excess intrusions are in some 
cases carried from the different interpretation of the 
Words by which the boundaries are expressed. I en- 
close a Map [See page 172] by which sucn intrusion will 
appear, <fc w r hich is discovered by a Dispute now depend- 
ing before the Council, between Van Ranslaer & several 
other persons who have petitioned for a Grant of Lands 
within his Claim, but not within the true boundaiies 
of his Grant. The question before the Council is 
whether it be proper for them to advise me to grant 
any Lands within his Claim to People who are walling 
to pay 2.(5 for every hundred Acres & to Defend their 
Grant against any legal Claim of Van Ranslaer ? The 
question still remains undetermined. 

These are the principal things of which I think it 
my Duty to inform your Lordships in respect to this 
Act. Perhaps on reading it other objections may 
occur from its face, which I pass over as, the case 
taken in the Act to avoid all cognizance in the Kings 
Courts of the Proceedings from first to last. 

In the last place, as the Patten tees of several large 
Tracts have already begun to give the Notices pre- 
viously necessary to the Partition I humbly conceive 
that it may be for his Majesty's Interest & may prevent 
hardships <fc great inconveniencies to his Subjects to 
have the King's Pleasure with respect to this Act, 
known as soon as may be. I am with the greatest 
Submission My Lords & c 



THE COLDEN PAPERS. 159 



To the Lords Commissioners for Trade & Planta- 
tions. 

New York Feb y 11 th 1762. 
My Lords 

I expected to have had an opportunity of sending 
my last of the 25 th of the last Month about the time 
it was wrote, but haveing been disappointed it goes 
with this. 

I am now to give the reasons for my Assent to the 
Bill For Paying the Officers Sallaries in the manner it 
is passed with a proviso that the Judges Sallaries be 
paid them on Condition of their Commissions being dure- 
mg good beheaviour. This was done in hopes I would 
refuse my Assent to it in this manner. The Gentle- 
men of the Council assured me that if this bill was 
sent back to the Assembly with any amendment we 
should never see it more, and therefore I recommended 
to them the passing it as it was. I thought it more 
eligible to suffer the Judges only to be without salaries 
than that they and all the other officers of Government 
be without any support. 

The consequence of this has been that the Cheif Jus- 
tice M r Prat acts alone and serves the public at the 
expence of his private fortune. Your Lordships may 
therefore perceive the necessity of some speedy Reso- 
lution in answer to my Letter of the 11 th of last Month. 
So long as the King does not provide for the support 
of the Cheif Justice independently of the Assembly 
the design of reduceing the Governor to the Dilemma 
of either leaving the Province without Judges or of 
appointing them during good beheaviour & dependent 
on an Assembly for their Support will continue. I 
must with humble submission beg leave to observe that 
the putting the Governor under restriction by Instruc- 
tion will certainly in many cases lay the Governor 
under great difficulties, but may have no effect on an 
Assembly, <fc in such case they tend to lessen the Force 



160 THE COLDEtt PAPERS. 

of Instructions in the Minds of the People. Haveing 
received the Kings Instructions to M r Monckton by 
the Merchant Ships which arived about the 20th of 
last Month, M r Prat took his Seat [at] the Council 
Board the 27th. 

After I had wrote so far I received the honour of 
your Lordships letter of the 11 th of December with a 
Copy of your Lordships Representation to the King, 
& his Majesty's additional Instructions of the 9 th of 
December. As to that part of the Representation 
Relateing to the Judges Commissions I have anticipa- 
ted an Answer by my Letter of the 11 th of .last month. 
It gives me the greatest satisfaction that my conduct 
on this head is entirely conformable to your Lordships 
Sentiments and you may be assured shall continue 
such. As to the other part, relateing to the purchase 
of Lands from the Indians I must beg leave to say that 
I am at present entirely Ignorant of some facts therein 
set forth and as to others I am confident your Lord- 
ships have been misinformed. At this time it is im- 
possible for me to make the proper enquiry into the 
facts which I do not know, or to give sufficient evi- 
dence of others which are within my knowledge ; but 
I shall endeavour to set forth the whole in a clear light 
as soon as possible. 

In my Letter of the 28 th of February last year I 
represented how his Majesty's Interest suffers by the 
Intrusions of the People of the Massachusetts Bay & 
New Hampshire. The restrictions now laid on the Gov' 
of New York may give these people great advantages 
in continuing their Intrusions to the prejudice of the 
Kings Rights, and therefore I humbly conceive my 
Letter on that subject may deserve your Lordships 
Consideration. In this case you cannot be deceived 
by misinformation of Facts, the whole dispute depend- 
ing on the construction of words in the Grant of this 
Province to the Duke of York, ife of King Williams 
Grant of the Colony of Massachusetts Bay. 

I have nothing more at heart than to convince your 



THE GOLDEN PAPERS. 161 

Lordships by a punctual performance of my Duty, that 
I am with the greatest sincerity & Submission. My 
Lords <fc c 



List of Papers put into a Box directed to the R* 
IIou ble the Lords Commissioners for Trade & Planta- 
tions to be sent by the Packett which carries this 
Letter, viz. : 

Minutes of Council respecting Government transac- 
tions from 9 th of March to 16 th December 17G1. 

Journal of the Proceedings of the Council in their 
Legislative Capacity from 10 th March 1761 to 11 th 
Sept r 1761. 

Journal of the Votes & Proceedings of the Assembly 
from May 1761 to Jan y 1762. 

Minutes of Council Transactions which relate to* 
Private Persons from 3 rd March 1755 to the 9 th of Sept r 
1761. 

Engrossed Copys of nine Acts of the General Assem- 
bly, eight passed in 1761 & one in 1762, viz. : the Act 
the more effectual collecting his Majestys Quit Rents 
in the Colony of New York § for Partition of Lands 
in order tliereto. 

Printed Copys of all the Acts passed in the Session 
ending in January 1762. 

Lists of Persons naturalized. 
11 



162 THE COLDEN PAPERS. 



To M B Secretary Pownali* 

New York Feb y 6 th 1761. 
Dear Sir 

As I know that M r Prat was recommended by your 
Brother to the office of Cheif Justice of this Province, 
I was confident of his abilities for the office and there- 
fore did everything in my power to encourage him to 
take the office upon him. Now after an acquaintance 
of some time, my opinion of his merit is greatly in- 
creased. I am perswaded it will be greatly for the 
interest of the Crown, <fe of the People of this Prov- 
ince that he receive encouragement to continue. In 
my opinion this encouragement cannot in any manner 
be given so effectually to render him independent in 
his office as by his receiving his salary out of the Quit 
Rents, which are now sufficient for that purpose. I 
heartily wish that it may be done speedily that he 
may not be under the hardships of serving the Publick 
at the expence of his private fortune, & that he may 
remain with us which otherwise I am affraid he cannot 
do. It is not easy to conceive of what use such an In- 
telligent Man as M r Prat is, may be to a Gov 1 " who de- 
sires to govern well. 

M r Hardy stay'd some days in this Place before he 
entered on his Government of the Jerseys. AH who 
conversed with him in that time were surprised that 
One of the first steps he took was to appoint M r Morris 
Cheif Justice during Good Beheaviour, cfe we all con- 
clude that from that time he must submit to the direc- 
tion of M r Morris. This precedent is objected to me, 
<fe has greatly encouraged the Perseverance of a similar 
demana on me, and makes them confident that M r 
Monckton on his return will comply with their desires 
of which I have reason to think they had some assur- 
ances. However that be my duty is to act for the 
Interest of the Crown & the benefit of the People of 
this Province to the best of my own Judgment, $nd I 



THE GOLDEN PAPERS. 163 

hope to receive the approbation of his Majesty's Min- 
isters in doing so. 

There is something particularly hard on the Lieu- 
tenant Governor of this Province more than on anv 
other. In the absence of the Governor in Cheif he has 
half the Sallary & half the Perquisites which amount 
to a bare subsistence in the manner that the better 
sort of families live in this Place without being able 
to save anything. While the Gov r is in the Province 
the If Gov r has not the least profit by his office. At 
Boston the Lt Gov. is of course Capt. of the Castle 
'worth about £100 sterling a year, <fc the present 
Lieut. Gov r has likewise the office of Probate of Wills 
and granting administrations worth about £200 more. 
This last office in this Province is in the Gov r or Com- 
mander in Cheif, & acts by a clerk, whereby the Pro- 
fits of a Gov r are not considerable. As you have 
shewn yourself much my friend, I presume you will 
allow me to ask whether I may not hope to obtain this 
last office of the Probate of Wills and Lycenses of 
Marriage. Certainly it is intended that the U Gov. 
should at all times have, an influence, <fc what influence 
can he have more than any other of the Council while 
the G r in Cheif resides in this Province ? Pray inform 
me what may be the proper method to apply in case 
you think I may have any hope of. obtaining it. 

It is a small matter I can add when I tell you that 
I am very desirous of serving you in any shape for I 
have little in my power unless it be by giving any 
information you may desire, which 1 shall chearfully 
do in whatever situation I be. 

I am with great esteem & affection Sir Y r <fc c 



164 THE COLDEN PAPERS. 



To the Earl of Egremont Sec" qf State 

New York Feb 7 11 th 1762. 
My Lord, 

I have the honour of two Letters from your Lord- 
ship both dated the 12 th of December: one containing 
a copy of his Majesty's free Pardon to Thomas Pear- 
son the other his Majesty's Directions to raise the 
same number of Provincial troops that were levied last 
year in this Province. 

I have already given the proper orders for the 
Assembly to meet on the Second day of March for 
that purpose which is the soonest they can be brought 
together at this Season considering the distance from 
this place at which many of them live. Your Lord- 
ship may be assured that I will do everything in my 
power to induce the Assembly to a compliance with 
the King's requisition in every respect, but as I met 
with many difficulties last year in obtaining a full 
compliance, & did actually levy 500 men more than 
the Assembly expected I could have done, I am afraid 
I may meet with more difficulties at this time. 

I think it requisite your Lordship be timely in- 
formed of this least any failure should happen in what 
is expected from this Province. 

It shall be my continued endeavour by a strict ad- 
herence to my Duty, to deserve your Lordships patron- 
age and the Ilouour of being My Lord <fc° 

The 4 preceding Letters and Duplicates of those 
by the Bell Savage Capt Lewis were sent by the Halli- 
fax Packet, Capt. Jeffers who sailed out of the Hook 
Sunday Feby 14 th . 



THE COLDEN PAPERS. 165 



To the Mayor of the City of New York. 

New York Feb y 17, 1762 
Sir 

The Sheriff haveing represented that there is reason 
from some circumstances to apprehend an attempt may 
be made to rescue the Criminals appointed for execu- 
tion on Friday next : I intend to order the Indepen- 
dent Company of Granadiers Commanded by the liight 
Hon ble the Earl of Sterling under arms on that Day to 
guard against any such attempt, & to protect the Sheriff 
and other Civil officers from Insult or obstruction in 
this essential part of their Duty. But as it may be 
improper for the Military officer to act in the suppres- 
sion of any Riot unless by the direction of the civil 
Magistrate on the Spot, you will immeadiately convene 
the Magistrates of the City and in conjunction with 
them agree & fix on one or more of that body to at- 
tend on this occasion, informing me as soon as may be 
of what you shall have done herein, that I may give 
my orders to the Military officer accordingly. I am 
Sir <fc c . 

Proclamation. 

By the IIon bl ° Cadwallader Colden his Majesty's Lieut 
Gov r and Commander in Cheif of the Province of 
New York, and the Territories thereon depending in 
America. 

The Sheriff of the City and County of New York 
having informed me of some circumstances from 
whence an attempt may be apprehended to rescue the 
two Criminals appointed for Execution on Friday next 
you are to order the Company under your command on 
that Day to appear arm'd and with their proper ammuni- 
tion and accoutrements at such place near the New 
Goal of this City as you shall judge most convenient 



166 THE COLDEN PAPERS. 

to guard against any attempt to rescue the said Crimi- 
nals and to protect the Sheriff and his officers from 
any insults or obstruction during this essential part of 
their Duty, Haveing the strictest Regard herein to 
such orders as you shall receive from the Civil Magis- 
trate attending for the Conservation of the Peace. 

Given under my Hand at Fort George in New York 
this Eighteenth Day of February 1762 

Cadwallader Colden. 

To the Right Honble the Earl of Stirling or the 
Commanding Officer of the Independent Company of 
Granadiers in the City of New York. 

The same order was sent Directed to Capt John 
Provoost Esq r or the Commanding Officer of his Inde- 
pendent Company in the City of New York. 



To D B Robert Wiiyte Professor of Medicine in 

the University of Edinburgh 

New York Feb r >' 25 th 1762 
Dkar Sir 

Ever since I had the pleasure of your last favour (I 
am ashamed to tell how long since) I had resolved to 
set aside some horn's to answer it in a manner that 
might be agreeable to you, <fc to send my Letters by 
way of Glasgow, but since that time I have not heard 
of any vessell from this to that place. I should have 
wrote by way of London, but the Multiplicity of Gov- 
ernment affairs some times prevented me <fc at other 
times made me forget. 

You may remember that I informed you of my have- 
ing received <fe corrected the Principles of Action in 
Matter, that I have done some parts entirely anew, and 
added on the same principles explications of the Phe- 
nomena of Light, of the Elasticity of the Air, and of 



THE COLDEN PAPERS. 16 



r* 



the Cohesion of the parts of bodies, to which my son 
has since added an explication of the Phenomena of 
Electricity from the same Principles. These papers 
have been several years in London, and were submitted 
by M r Collinson in whose hands they are to D r Bevis. 
I have the mortification to tell you that I never could 
obtain any distinct answer, and for that reason I con- 
clude they are despised. However that be a man 
is not easily put out of conceit of his own perform- 
ances. 

Tho' the subject of these papers has, for several 
years, from my thoughts with any degree of attention, 
yet whenever these ."Principles occur to my Memory, 
they return with the same force of evidence notwith- 
standing any objection .which has been made known to 
me, an<l I continue perswaded they will stand the test 
of the strictest inquiry. I do not extend this confi- 
dence to the application I make of these principles, to 
every case which I attempt to explain. The best rea- 
goners sometimes fall into paralogisms even in pure 
Mathematics & much oftener in the mathematical Sci- 
ences I am too sensible that I have often erred. 

Notwithstanding that I expect to be soon freed from 
the affairs of Government yet I am so far advanced in 
years that I cannot apply my thoughts with that at- 
tention which is requisite in speculations of this kind 
without injury to my Health. For this Reason I have 
resolved to direct M r Collinson to send my Papers in 
his hands to you, if you are willing to take the trouble 
to peruse them, & will please to signify to him that 
you are willing. My design is that they may take 
their fate from you, either to dye in obscurity, or to 
appear in the world in such manner or shape as you 
shall think proper. National prejudices as well as 
Personal often prevail in many points of Philosophy. 
Perhaps the Principles which I adopt may be more 
favourably received in Scotland than in England. 

You'll pardon the fondness which a man naturally 
has for his own productions when I desire of you, in 



168 THE COLDEN PAPERS. 

case you do not think these papers proper to appear in 

Eublick that you will please to deposite them in the 
ibrary of the University of Edinburgh where I had 
my Education in the Rudiments of Science for I am 
perswaded they will some time or other be found to 
contain the true Principles of Physical Knowledge <fe 
to be of real use. 

We have no knowledge of Substances or of things 
themselves, as little knowledge of Material Substances 
as of the Intelligent or of Spirit. All our knowledge 
consists in this that from the effects or phenomena 
we discover something which we call substances have 
the power of produceing certain effects. We have no 
other conception of these powers but that they produce 
such effects. How they produce these effects we in 
no manner conceive. I am confident that with a pro- 
per attention this will appear veiy evident to you. 
Yet all the objections to my principles which 1 have 
seen, arise from an expectation that I should explain 
in what manner the primary powers produce their ef- 
fects, without considering that this may be beyond the 
power of human conception. When the several powers 
are in any case complicated, we explain the Phenomena 
arising from this complication by shewing from what 
primary powers they arise, <fc in what ratio to each 
other the t powers are complicated whereby they evi- 
dently produce such certain phenomena. This is called 
a Mathematical Explication but no man was ever able 
to explain in what manner any one primary power 
acts or produces its effects. 

From the power in Matter of resisting any change, 
it is generally confess'd that Matter has such a power, 
but how it produces these effects which are commonly 
called Resistance we in no manner know or can con- 
ceive. From Lights being in perpetual motion, & that 
it cannot be conceived as Light supposeing it to be at 
rest, I conclude that motion is essential to it : <fe from 
innumerable phenomena or effects I conclude that it 
likewise gives motion to bodies, but how it moves itself, 



THE COLDEN PAPERS. 169 

or gives motion to bodies I know not. From the Phe- 
nomena of universal Gravitation <fe of the mutual 
apparent attraction of bodies, I conclude there is a 
being universally diffused, which has the power of re- 
acting the actions of the Resisting & moving powers, 
but I cannot conceive the manner of its reacting. I have 
the same reason to be assured of the existence of some- 
thing which has this power of reacting as I have of the 
existence of matter & of Light, viz : from the effects 
which they produce, for if they produce no effects, I 
can by no means know that they exist. 

From the evident effects of wisdom or from a chain 
of effects all tending to the same purpose or end I con- 
clude that an intelligent being exists, but I cannot 
allow that Intelligence can give motion or resist mo- 
tion : for in that case I must with D r Berkley deny 
that any other being exists, for on such supposition 
they become useless. I conceive that Intelligence may 
give a certain direction when the direction of the action 
of these powers is determined by their power — for exam- 
ple — Suppose a Planet at such a distance from the 
►un, that its gravitation is equal to the motion given it 
from the Sun. In this case that both powers may have 
their effects, the Planet can only move in a plane per- 
pendicular to the line connecting the Sun & Planet, but 
the direction in this plane is indetermined by the oppo- 
site powers, and is determined by the Intelligent Power 
always acting to one end and purpose. The existence 
of the Sun or of Light is necessary that the Planet re- 
ceive motion, and the existence at the same time of an 
opposite power of equal force is necessary to make the 
Planet move in a plane perpendicular to the line con- 
necting the Sun & Planet, & to give a peculiar deter- 
mination in that plane, a third power becomes necessary 
whose action when it always tends to a certain view or 
purpose must be intelligent. The Intelligent power 
never opposes the material or other powers ; but the 
material are necessary to the Intelligent in produceing 
a certain effect for a certain purpose. 



170 THE COLDEN PAPERS. 

These are the general Principles of my System, & 
from them you may judge how far it may deserve your 
attention & may assist you in more readily conceiving 
my intention while you peruse it. My design is to dis- 
cover the primary powers in nature it the Laws to be 
observed in their acting. How far I have succeeded I 
leave to your Judgment. You will find that I have 
not been superficial in my researches. 

I have heard that they have a fine set of astronomical 
Instruments at Glasgow, I shall be well pleased if you 
think proper that my astronomical tables be sent for 
proofe of their accuracy & use. You'l [notice] a per- 
ticular thought of the variation in the motion of a Pen- 
dulum Clock according to the different position of the 
Moon in respect to the place of the Clock on the Prin- 
ciples of the theory of the sides. I wish the truth of 
this were tryed by observation. Perhaps this variation 
is so small as not to be distinguished but by the most 
accurate observation of the transits as proposed in my 
papers. 

If what I propose be agreeable to you, please to in- 
form M r Collinson of it to whom I now write that he 
may send my papers to you, or to deliver them to any 
person you shall direct to receive them after he shall 
know your pleasure therein I suppose you know that 
M r Collinson is F. R. S. & very usefull in assisting a 
correspondence between Men of all sorts of Learning. 
Directed to M r Peter Collinson Merchant in London is 
sufficient for a Letter. If any take the trouble to wait 
on him from you, it may be proper to tell you that he 
is a wholesale Mercer at the Red Lion in Grace Church 
Street, & a very punctual Honest Man in business. 

I know not how to excuse this trouble I give you, 
but by the confidence I hereby place in you. It is like 
intrusting a child to your sole care of whom a father is 
very fond & which I hope from your inclinations to 
promote usefull knowledge you will take in good part. 
I expect that in a few months I shall return to my 
former retirement <fe thence I hope to convince you & 



THE COLDEN PAPERS. 171 

your friends how desirous I am to answer your expec- 
tations from me. I am with the greatest esteem & re- 
gard Sir 



To M R Ciieif Justice Prat at New York. 

Fort George March 7 th 1762. 
Sir 

I am sorry you have so much occasion to write 
to the Speaker in the manner you propose ; but I 
must desire you not to send your Letter 'till after the 
Assembly have come to their Resolutions in respect 
to the Matters I have laid before them. You mis- 
take in saying that all the Judges have peremptorily 
refused to act because M r Jones has desired time to 
consider. 

Your staying till after the April Term will certainly 
add to your Reputation whatever the Assembly do or 
not do in respect to the Judges Salaries. In case no 
Judge will act I cannot consent to your leaving the 
Province. This is an Event which I did not foresee. 
You may assure yourself that nothing in my power 
shall be omitted to make your stay agreeable to your- 
self, & that I am with great sincerity <fe esteem Sir, 



To His Excelly. Sir Jeffrey Amherst. 

Saturday Evening March 13 th 1762. 
Sir, 

Inclosed are copys of the Resolves of the Assembly 
which 1 shewed to your Excellency last Thursday & a 
copy of their Resolves of this Day which I received 
this afternoon. 

Last night I was informed of the methods taken to 
bring them to their last Resolves & considering the 
difficulties which attended their Deliberations on this 



172 THE COLDEN PAPERS. 

last head, I think it proper to accept of them in any 
shape by which his Majesty's service may he promoted. 
Please let me know your sentiments thereon. I am 
with the greatest respect Sir 



Notes on a Map referr'd to in the Letter to the 
Lords Commissioners for Trade & Plantations. 
Dated 25 th Jan* 1762. Page [158.] 

From B to C nine miles and three Quarters. 

C Two heaps of stones called Wawanaquiasack — 
Erected by the Indians in Memory of two of their 
Sachems buried at that place. 

From B to D Twenty four Miles. 

From G to F. the South bounds of the Mannor of 
Ranslaerwick twenty four miles. The Tract coloured 
Green supposed to have been intended to be Granted to 
Killian V an Ranslaer and Killian the Son of Jeremiah 
Van Ranslaer by Letters Pattent bearing date the 20 th 
May 1704. The said Tract being described in both 
the said Letters Pattent in the following words (after 
describing the boundaries of the Mannor of Renslaer- 
wick) viz — As also a certain tract of Land situate 
lyeing and being on the East side of Hudsons River 
Beginning at a Creek by Major Abraham Staats and 
so along the said River Southward to the South side 
of Vastrix Island by a Creek called Waghanhasigh 
stretching from thence witli an Easterly Line into the 
Woods Twenty four English Miles to a place called 
Wawanaquiasick and from thence northward to the 
head of the said Creek by Major Abraham Staats as 
aforesaid. 

N.B. Neither of the said Grants mention what quan- 
tity of acres the said Tract should contain. 
The Tract contains 23,800 Acres. 
John Van Ranslaer now claims by Virtue of the 



THE C0LDEN PAPERS. 173 

said Grants the Tracts bounded by the Lines BDE 
and Kinderhook Creek containing 281,600 Acres. 

The Creek by Major Abraham Staats, Vastrix Island, 
Wahankasigh, Wawanaquiasick are places all of them 
well known <fe have been known ever since the time of 
the Grant. But the distance between Hudsons River & 
Wawanaquiasick is only nine Miles cfe three quarters, 
no place is to be found at 24 Miles from Hudson's 
River known by that name. As the Grant of this 
Tract is founded on a purchase of the same Lands from 
the Indians, & as they were entirely ignorant of the 
determination of English measures they could have no 
regard to the distance otherwise than to the situation 
of the Place which terminates the distance. 

Query ? Whether the terminations of a Line being 
certain, any Error in describing the length of it, whether 
it be supposed greater or less can alter the termination. 

Is not the head of a Creek at the place to which the 
tide flows? Which in the present case is at Major 
Abraham's lower Falls. The Tide can flow no higher. 

But Van Ranslaer would take the Head of the Creek 
to be the first rise of the River which terminates in 
the Creek. The head in this sense where a River di- 
vides into many Branches as this does, must be very 
uncertain, & by going to the head as he pretends the 
Tract has no boundary by the Pattent to the North- 
ward so as to include any quantity of Land. 

By bounding the Tract by well known names it is 
well described in the Pattent & has certain boundaries 
so as to include a certain quantity. 



To Sir Jeffrey Amherst, & c . 

New York March 20 th 1762. 
Sir 

I have this Day given my assent to the Bill for rais- 
ing the Provincials, & to the Bill for paying £4790 to 



174 THE COLDEN PAPERS. 

your Excellency which you saw last night. I am now 
giving orders for printing the Warrants for enlisting 
the Provincials in the pay of this Province in the man- 
ner formerly done. Please to let me know whether any 
thing is to be done by me at the same time for recruit- 
ing the Regulars. Nothing shall be omitted which is in 
my power for that purpose, & I wait for your Excellen- 
cy's Directions. I am with the greatest respect, Sir.' 



Copy of a Letter from M b Ciieif Justice Prat to 
the Hon ble William Nicoll Esq b Speaker of the 
General Assembly. 

New York March 15 th 1762 
Sir, 

I presume it is well known to you and every member 
of the Assembly, That all the Justices of the Supreme 
Court except myself have either resigned their Com- 
missions or refused to officiate. That in reality there 
are no Salaries granted to the Judges of that Court ; 
and consequently that the people of this Colony can 
have no reasonable Expectation that any Gentleman 
not instigated by sinister motives & qualified for such 
trust will accept any Commission for that Purpose. 

Neither you Sir nor any other Gentleman acquainted 
with the nature and value of the essential Rights and 
security of the People can be insensible of the Great 
mischeifs & dangerous consequences of being without 
a Supreme Court of Justice. 

To obviate these Evils, I have alone sacrificed my 
time & interest to preserve the existence of that Court. 

But it now becomes indispensably necessary for me 
to go to Boston and be absent from this Colony, until 
the situation of my affairs can permit me to return, 
which cannot possibly be in a short time. As the As- 
sembly are now sitting I think it my Duty to give 
Notice of this, that you may see how necessary it is 



THE C0LDEN PAPERS. 175 

that some provision be made for some otlier Judge or 
Judges of that Court. 

Be so good as to communicate this to such members, 
& in such manner as you shall think proper. 

I have nothing further to add but only that what- 
ever hereafter may be the Event, I shall have the satis- 
faction of haveing done my Duty, and I hope that you 
will do me the honour <fe Justice to admit that no ill 
consequences, that may perhaps happen, in this Respect, 
can be Imputable to your Humble Servant 

B. Prat. 



Copy of a Letter from The Speaker of the Assem- 
bly to the Hon™* Benjamin Prat Esq* CnEiF Jus- 
tice of the Supreme Court of the Colony of 
New York. 

Sir 

Your letter of the 15 th Instant I received yesterday. 
It is well known to the Members of the General As- 
sembly that all the Justices of the Supreme Court ex- 
cept yourself have resigned or are about to resign their 
Commissions <fe the cause of such Resignation is as 
well known, but from whence that cause has proceeded 
is not so well known, & here not proper for me to en- 
quire into. 

I can't but think there are handsome Sallaries 
granted to all the Judges of the Supreme Court & 
granted in such a manner that the Colony can have a 
right to expect that Gentlemen not instigated by sinis- 
ter motives and qualified for such a Trust may accept 
Commissions for that purpose. 

The Members of the General Assembly seem veiy 
sensible of the value of the essential Rights & security 
of the People, the concern for which lias occasioned 
their granting the Judges Sallaries in the manner they 
have, and of the great mischeif and dangerous conse- 
quences of being without a Supreme Court of Justice, 



176 THE COLDEN PAPER3. 

bat as it is not in their power to appoint Judges they 
think themselves not justly chargeable for auy mis- 
chievous Consequences for want thereof. 

I have communicated your Letter to several Gentle- 
men of the General Assembly who seem to be of opin- 
ion to make Provision for the Judges Salaries in no 
other manner than they have, except better Reasons be 
offered than they have yet had. 

As I have never had any Impeachment of your 
honour or Justice, or any imputation to you of 111 con- 
sequence attending such an event as you mention I 
shall leave you in the entire satisfaction of haveing 
done your Duty which upon Reflection I believe will 
be very fjreat to you. I am with Sincerity Sir Your 
humble Servant 

W. Nicoll 

New York 16 March 1762 

N.B. Delivered to M r Prat the 22nd. 



To the Right Hon ble the Lords Commissioners for 

Trade <fc Plantations. 

New York, March l 8t 1762. 
My Lords 

The Packet went so soon after I had the honour of 
your Lordships of the 11 th of December that I could 
not answer it then as it is my duty to do now. When 
I entered on the administration of Government, tho' it 
was by a casual event I received it as a trust which I 
was carefully to perform. I was in hopes that my 
conduct would have evinced this to your Lordships. 
Had I not been scrupulous in observing this trust in 
regard to the Crown, my administration would have 
been more popular <fe much more beneficial to myself, 
but I apprehend whatever I may say to this purpose 
& however justly it may not have its proper weight 



THE COLDEN PAPERS. 177 

until I shall have removed some prejudices which I 
perceive you entertain to my disadvantage. 

In your Lordships Representation to the King you 
say that you have reason to apprehend from informa- 
tion which may be depended on that the Lieut. Gov- 
ernor <fc Councill of New York have entered into 
measures for makeing fresh Grants tfe Settlements more 
for the benefit of themselves ifc families than for the 
subjects in general. As to myself I solemnly declare 
to your Lordships that I am in no shape interested in 
any Purchase of Lands from the Indians, or in any 
License to Purchase, or in any Grant of Lands, in any 
share or part either great or small, or by any person 
in trust for me at any time since the administration of 
Government has been in my hands. Nor have I had 
so much as an- inclination to be interested in anv Pur- 
chase of the Indians, or Grant of Lands whatsoever. 
This is all the answer that can be given to a general 
accusation. If the person who has informed your 
Lordships will give any one Instance wherein I am 
interested in any Purchase from the Indians, or License 
to Purchase or in any Grant of Lands in any shape 
whatsoever, I engage to make that particular clear by 
all the Evidence that can in such case be given. 

As to my family, I must observe to your Lordships 
that my children have been grown up to the State of 
Men <fc Women for some years past. Some of them 
have children of full age of Maturity. They are not 
under my direction, <fc I know no reason to debar them 
from any privilege or benefit which his Majesty's 
other subjects in this Province have ; but at the same 
time I declare that I do not know that any of them 
have been interested in the Purchase of Lands from 
the Indians since I have had the administration of 
government That my whole conduct in this affair, 
wherein I have the great misfortune to incur your 
Lordships censure may niore clearly appear to you I 
shall give a succinct account of my proceedings therein. 

In the beginning of Sept 1 ", 17t>0, about four weeks 
12 



178 THE COLDEN PAPERS. 

after I had entered on the Administration, I received a 
Letter from General Amherst Dated River St. Lavr 
rence below the Isle Royal 26 th o/Avgust, 1760, wherein 
after a particular account of the Success of his Maj- 
esty's forces under his Command he informed me that 
thereby the Settlements & Inhabitants on the Mohawks 
River were perfectly secured, <fe desired me to issue a 
Proclamation to invite the People to improve the Lands 
already settled & to cultivate the uncleared Country 
which by the Advice of Council, I did accordingly. 

All Canada having soon after submitted the people 
thought themselves safe from both French <fe Indians, 
and the Inhabitants every where returned to their 
habitations. In the Spring following numbers gave 
in Petitions for Lycenses to Purchase Lands of the 
Indians on the Frontiers, among which were the Pro- 
vincial Officers of this Province in behalf of themselves 
&, of several of their Men, who had served in conjunc- 
tion with his Majesty's Regular Troops, Major Rogers 
in behalf of himself, his officers <fe several of his Men. 
Several others likewise Inhabitants of this &, of the 
neighboring Colonies received at Differeut times in the 
Year 1761, Licenses to Purchase Lands on the frontiers 
from the Indians. 

As it is necessary to call the whole tribe or nation 
of Indians together in order to purchase any Land 
from them & to have several' conferences with them at 
different times, this is attended with so great an Ex- 
pence that it became necessary for numbers to join 
together, in order to purchase a large Tract at one time. 
And as the Persons willing to settle & improve Lands in 
the woods on the Frontiers at a great distance from 
the Market, are of the poorest of the Inhabitants they 
were desirous to join with Men of Fortune who on cer- 
tain considerations agreed on, were willing to advance 
money for them to enable them to settle to build houses 
& to purchase other necessaries for improveing the 
Lands, & to support them 'till such time as they may 
be able to support their families by their own labour 



THE COLDEN PAPER8. 179 

which they cannot do in less than three years after they 
have begun to improve. Of these Gentlemen who thus 
undertook the charge of makeing settlements only two, 
so far as I know, were of the Council, & they offer'd 
to give any security to have the Settlements made pur- 
suant to the Kings Instructions. 

Soon after that two or three only of these Licenses 
had issued, Sir William Johnson inform'd by Letter 
that the Mohawk Indians had by Deed of Gift con- 
veyed to him a Tract of about 40,000 acres of Land, 
& desired me to grant him Letters Pattent for the 
same. This I communicated to the Council, who re- 
fused their consent to any such Grant as it was con- 
trary to the Established Rules to grant any Lands 
which are purchas'd of the Indians without previous 
License, that under the pretence of a Deed of Gift all 
these Rules may be evaded. After the Council had 
refused to confirm this Deed of Gift by the Kings 
Grant, the Indians refused to sell any Lands which 
from that time put a stop to all Indian Purchases. 
Only two Tracts were Purchased by any License from 
me, one a large tract of 20,000 acres for which no 
Grant has as yet been made out, & the other a small 
one of acres, & was granted by Letters Pattent 

before I received his Majesty's additional Instructions. 
By this your Lordships may perceive on what slender 
grounds the information was founded which you have 
received. 

On this occasion I think it proper to inform your 
Lordships of the method followed in this Province in 
the Purchase of Lands from the Indians, & of the rea- 
sons why this method has been strictly pursued ever 
since the year 1736, since which time I have not heard 
of any fraudulent purchase, or of any complaint of 
that sort 

In the year 1736, I went to the Mohawks Country 
in the Execution of my office of Surveyor General of 
Lands, and had several conferences with some of the 
most distinguished Indians. They talked often & had 



180 THE COLDEX PAPERS. 

long discourses with me, & with much vehemence of 
some cheat as to their Lands, but as I was obliged to 
make use of Interpreters, I suspected that they had 
not fairly interpreted what the Indians spoke to me, & 
I found the Indians had the same suspicions for they 
several times by signs expressed their earnest wish that 
we could understand eacli other. All that I could learn 
with any certainty was that some persons had fraudu- 
lently obtained a conveyance from them of the very 
lands on which they live and Plant but the particulars 
by whom or in what manner I could not learn by the 
unwillingness as I suppose of the Interpreters to have 
the fraud discovered. 

On my return I gave in a Memorial to the Governor 
in Council representing the frauds in Purchasing Lands 
of the Indians so far as I knew them in this Province. 
In consequence of which Regulations were made to pre- 
vent frauds in purchasing lands of the Indians, copies 
of which are enclosed <fc have been ever since truly pur- 
sued & no complaint since that time as to purchases 
made afterward So far is it from being true that this 
was the occasion of the War with them. Nor did I 
ever hear that the Six Nations had taken up the Hat- 
chett against this Province, tho' at the same time it 
may be true that several of their young Men were 
perswaded by the French to join their Scalping Parties, 
but as I understand they were disowned by their own 
Nation. Only the Mohawks <fc Oneydas could have 
any Pretence that they were cheated of their Lands, 
for not a foot of Land had at any time been purchased 
from any of the other Nations, <fc yet the Mohawks 
certainly have continued the most faithfull of any 
Indian Nation on the Continent. The Senecas have 
given the greatest grounds of suspicion, but they live 
the remotest of any of the six Nations from any Settle- 
ments of his Majesty's Subjects, so far off, that it is 
probable, never any attempt has been made to Purchase 
Lands of them. The Indians who made inroad on this 
Province on the side of the River Delawar, consist of a 



THE COLDEN PAPERS. 181 

number of fugitives from all the other nations, <fc will 
at all times be ready to plunder when not restrained 
by fear. 

If it be allowed to judge from Events, M r Braddock's 
defeat gave rise to the War with savages who delight 
in Plunder & Bloodshed, <fe the takeing of Quebec cfc 
Oniagara put an end to it, tfc the conquest of Canada 
has secured tranquility to the Provinces in futurity. 
Nothing with regard to Lands had the least share 
either as to Peace or War between the Indians <fe the 
Inhabitants of this Province. How it may have been 
in any other Colony I do not pretend to say. 

With respect to the Mohawks I must beg leave farther 
to inform your Lordships that the Mohawks River has 
been settled above 30 years, farther up the River than 
the Lands claimed by the Mohawks extends, that is 
now as well improved & as fully settled as any part of 
this Province. The Mohawks consist of two villages 
where they plant corn, these villages are surrounded 
on all sides by the settlements of the British Subjects, 
only at some distance from the River are there any 
vacant Lands. I never heard that any Indian had been 
interrupted in his hunting anywhere and from my own 
knowledge I can say they have had free liberty to hunt 
wherever they pleased even within our improved Lands. 

On the whole I must beg leave to say that your 
Lordships have been entirely misinformed, in respect 
to the purchase of Lauds from the Indians <fe of the 
grants of Lands in this Province since I have had the 
administration by some Persons either ignorant and 
biassed by some prejudice or moved by interested views. 

I am of opinion my Lords that you may be well in- 
formed of everything relating to tfie Indians from the 
accounts which I doubt not Sir Jeffrey Amherst has 
sent to his Majesty's Ministers. He has had better 
opportunity's to be well informM than any other can 
have <fc has taken great pains to be so. He has no con- 
nections in this Country to bias him, <fc therefore his 
Acc ts may with the greatest certainty be depended on. 



182 THE COLDEN PAPER8. 

If I mistake in any thing his accounts will rectify the 
error. 

Before I conclude it may be proper to inform your 
Lordships, that a few Months since Sir William J ohn- 
son informed me of a Person who had given uneasiness 
to the Mohawks by making some claim to the Lands 
before mentioned which I suppose to have been fraudu- 
lently Purchased and that Person was ordered to be 
Prosecuted before I received the Honour of your Lord- 
ships letter of the 11 th of December. This is the only 
complaint from the Indians which is come to my 
knowledge. 

I flattered myself that my zeal for his Majesty's ser- 
vice & interest in the Province has been well known on 
several occasions to your Lordships predecessors in 
office, & that this was their motive in recommending 
me to be appointed L L Gov. & with hopes that I had 
not by my conduct since the administration has been 
in my hands given any occasion to lessen any good 
opinion that had been entertained of me. With these 
flattering hopes I once thought of giving my Sentiments 
of the most proper method for settling the uncultivated 
Lands in this Province, so as it might be done with the 

Greatest benefit to the King & his subjects, but now I 
are not offer anything from myself, till I shall have 
the happiness to know that I stand fair in your Lord- 
ships opinion. In the meanwhile I shall faithfully ob- 
serve his Majesty's Commands, & endeavour by my 
Conduct to convince your Lordships that I am with 
sincere zeal & Submission My Lords <fc c 

Memd™ of Papers inclosed with- this letter. 

26 th August 1760. Extract of a Letter from Gl. 
Amherst to the Honble Cad. Colden, Esq. 

Draft of Lycence to Purchase Lands of the Indians. 

Minute of the Council on the Report of a Commit- 



THE COLDEN PAPERS. 183 

tee respecting the Regulations proper to he pursued in 
the purchasing of Lands of the Indians. 2nd Dec. 1736. 

M r Colden's Memorial about fraud in making Indian 
Purchases & proposing Remedy's to prevent it. 

Copy Proclamation inviting the Inhabitants to return 
to their settlements on the Mohawk River & to en- 
courage farther Settlements there — 4th Sept r . 1760. 

Copy Proclamation to encourage the Settlement of 
the Lands between Fort Edward & Lake George. 

Proclamation to prevent Purchasing Lands of the 
Indians, upon the late Instruction. 

This Letter went by the G 1 Wall, Capt Eyers, sailed 
April 8, 1762. 



To Major General Monckton at Martinique. 

New York March 30 th 1762. 
Sir, 

Last Saturday night I had the honour of your Ex- 
cellencys Letter of tne 14th of last Month. The entire 
conquest of Martinique in so short a time gives the 
greatest joy to every one in this place as this signal suc- 
cess adds great glory to his Majesty's Arms, and gains 
well merited honour to yourself. 

By the last Packett I received an additional Instruc- 
tion to your Excellency dated the 9 th of December last, 
by which you, the Lt Gov r or Commander in cheif are 
prohibited under penalty of being removed to grant 
any commission to any Judge on any pretence whatso- 
ever otherwise than during his Majesty 8 Pleasure, 
since which time M r Horsmanden & M r Jones have 
agreed to receive Commissions during pleasure. M r 
Chambers had before this, and still continues to decline 



184 THE COLDEN PAPERS. 

acting on any terms by reason of his age & infirmities. 
I flatter myself that my conduct in this affair, & in 
some other instances will be conducive to your Excel- 
lencys ease in the Administration for the future. 

On the 17th of January 1 met with the heavy afflic- 
tion of my wife's death, and since that two of my 
daughters have been dangerously ill. This has made 
the administration more uneasy to me under a multi- 
plicity of unusual business. 1 am now raising the 
same number of Proviucials that were raised last year 
& at the same time Recruits for the Regulars. 

The honour of your Excellency's Commands, in any 
thing wherein I can be of use to you will give the 
greatest pleasure to Sir Y r <fe c 



To Sir Jeffrey Amherst at New York. 

New York March 31 1762. 
Sir 

M r Walton has this day applied to me to permit a 
Vessel to be cleared from the Custom House, on which 
he has loaded Provisions for the Spanish Garrison of 
S l Augustine, <fc produced the late Kings Lycence for 
that purpose. He insisted that we have no notice by 
authority of war with Spain, <fc that supposeing war 
was declared Trade with the Spanish Colonies for Pro- 
visions or other Goods not contraband had never been 
prohibited, but on the contrary incouraged by the 
Government as nothing but cash is imported from 
thence. To this I answered that the formal Declara- 
tion of War in this place is of no consequence, while 
every man is morally ascertained that war has been 
declared both by England & Spain, cfe that it may be 
highly imprudent at this time to supply an Enemy's 
Garrison with Provisions. I find M r Walton is very 
uneasy by the danger he is in of losing 100,000 Dol- 
lars at this time due to the Walton family, the greatest 



TIIE COLDEN PAPERS. 185 

part of which he expects to receive on the arrival of 
this Vessel at S l Augustine which will compleat a six 
Month's Contract. 

As the loss of this Specie may be in some measure a 
loss to the Publick, as well as a heavy loss to the Wal- 
ton family, and as the quantity of provisions the Ves- 
3ell at this time carries is small I would incline to per- 
mit him provided your Excellency he of opinion that 
his Majesty's service will not be prejudiced thereby. 
I shall be entirely directed by your opinion and advice. 
I enclose some Papers relative to the matter for your 
better information some of which being from the Sec- 
retary's office I must beg the favour of your returning 
to me. I am with the greatest respect, Sir. 



To Sir W m Johnson. 

Fort George, New York April 5. 1762. 
Dear Sir, 

Soon after I received your last favour I communi- 
cated it to the Council. I have now forgot the date 
of it. George Clock appeared before the Council last 
Wednesday and again on Fryday. Next Wednesday 
he is to be heard again by Council in the Law. We 
shall do everything in our power for satisfaction 
to the Indians, but you know the forms in Law can- 
not be dispensed with & for that reason it is not 
possible to give that dispatch which the Indians may 
expect. 

I am at a loss as to the powers in your Commission 
of Superintendant, as it is not of record, and there is 
not the least mention of it in the Kings Instructions : 
but on the contrary the powers & directions to the 
Gov r to convene &. treat with the Indians the same as 
formerlv. 

You will have all the News in the News Papers with 
his Majesty's declaration of War against the King of 



186 THE COLDEN PAPERS. 

Spain which was published with solemnity in this 
place last Saturday. 

I shall inform you of the advice of Council as soon 
as they shall come to any resolution with respect to 
Clock. It was thought proper for you to qualify as a 
Justice of Peace in order to enable you to preserve the 
Peace more effectually. I am with great esteem & re- 
gard Sir, 



To the Right IIon blk The Lords Commissioners for 

Trade <fc Plantations, <fc c . 

New York, April 7 th , 1762. 
My Lords, 

In obeydience to his Majesty's commands, by my 
Lord Egrernont's Letter of the 12th of December, I 
met the Assembly of this Province the third of last 
month, & laid before them the matters I had in com- 
mand, in the words enter'd in the Printed votes of the 
Assembly inclos'd. In what manner the Assembly re- 
ceived it appears by their Address to me of the 8th 
and their Kesolutions of the 11 th <fc 13th of their 
Printed Votes. 

They have reduc'd the bounty to encourage Volun- 
tiers to Inlist one third of what it was last year ; but 
it is as large as in any of the neighbouring Colonies. 
Last year I was not able to raise the compleat number, 
by a bounty one half larger than this of the present 
year ; but I raised 500 men more than the Assembly 
expected I could have done. I am affraid I shall not 
have the like success this year with a less bounty, be- 
cause the price of labour is much higher in this Province 
than in any of the neighbouring Colonies. 

Your Lordships may perceive by their Resolves of 
the 13 th that they are strongly averse to Recruiting the 
Regulars. This arises from a jealousy, artfully infus'd 
into their Minds that some Regular Troops may here- 
after remain in the Colonies, in times of Peace, and 



THE COLDEN PAPERS. 187 

that if they at this time make a precedent it may he 
expected tnat they shall at all times hereafter be 
obliged to recruit the Regulars remaining in North 
America. 

It is my Duty to inform your Lordships from what 
source the opposition to his Majesty's measures arises 
in this Province, and the attempts to make me uneasy 
in my administration only on account of my firm ad- l 
herence to his Majesty's Instructions in regard to the 
Tenure of the Judges Commissions. I can safely bid 
defiance to any Man to shew any other the least colour 
for discontent with any regard to Truth since the Ad- 
ministration has been in my hands. 

That your Lordships may understand this the better, 
I think it necessary to inform you, that for some years 
past, three popular Lawyers, educated in Connecticut, ^ 
who have strongly imbibed the Independent principles of 
that Country, have zealously endeavoured to propagate 
their principles both in Religious and Civil matters & 
for that end make use of every artifice they can invent 
to calumniate the administration in every Exercise of 
the Prerogative. In doing this it evidently appears 
that they think the goodness or holiness of the cause 
sanctifies every measure necessary for that purpose, 
however base or wicked it be in itself. 

These men had formerly gained so great an influence 
over the Judges of the Supreme Court, from their 
want of a sufficient foundation of knowledge and of 
that Resolution & firmness necessary to curb the inso- 
lence and petulance of a popular Lawyer, that the 
Lawyers obtained so great an influence in the Courts of 
Justice, as to become the object of dread to many and 
of complaint to others while they got thp applause of 
the Mob by their licentious harangues <fc by propagating 
the Doctrine that all authority is derived from the 
People. Now when these Lawyers see a cheif Justice 
on the Bench capable to restrain them, their resent- 
ments are greatly provoked. 

One of them, William Smith the younger, having 



188 THE COLDEN PAPERS. 

been introduced to settle M r . Monckton's family affairs 
before he went on the Expedition, insinuated himself 
so far, as that M r Monckton blanied me in Council, for 
not haveing granted the Judges their Commissions 
during good beheaviour, as they had them before the 
late Kings death. I cannot otherwise account for M r 
Monckton's doing this without desireing to be informed 
of the reasons why I had refused Commissions of that 
Tenure. In truth I strongly suspect that I have felt 
the effects of this Mans (Smith the Younger) malicious 
insinuations without the least regard to truth in your 
Lordships Representation to the King. This Declara- 
tion of M r . Monckton confirmed the Judges in their 
Refuseing to Act unless they had their Commissions 
during good beheaviour, as they thought themselves se- 
cure in having them so after M r . Monckton's Return. 
Thus my obedience to the King's Instructions had like 
to have brought me under the greatest difficulties. 

Being oblidged to call the Assembly together after I 
had received his Majesty's Commands to raise the same 
number of Provincial Troops that were raised last year, 
I endeavoured to conciliate matters if possible, it to 
remove all grounds of Jealousy. As the pretence for 
insisting that the Judges Commissions dureing good be- 
haviour was that some Judges formerly had been re- 
moved from their offices by a Governor, I proposed 
passing a Law whereby a Governor should be restrained 
from removing any Judge without the consent of at 
least seven of the Council, or by Address from the 
Assembly, or by the King's express Command. This 
proposal which I had privately made to the Speaker 
at my first accession to the Administration I privately 
renewed to him at the beginning of this Session <fe to 
several of the members, but it was received in such 
manner as clearly convinced me they had something 
else in view than merely to guard against the arbitrary 
removal of Judges. I thought myself at liberty to 
offer this, notwithstanding of his Majesty s additional 
Instruction, as thereby the Tenure of the Judges Com- 



THE COLDEN PAPERS. , 189 

missions would not be altered, & it would be in his 
Majesty's power to repeal the Law, before it could 
take effect in any other than my own administra- 
tion. 

After the Assembly had done the business for which 
they were called I told them they might continue setting 
as long as they pleased for the dispatch of anything 
they might think requisite for the publick benefit, but 
the country members declined setting longer at this 
season, & desired leave to return home the following 
Saturday (the 20 th ) which I agreed to. On that Day, 
before the House was dismissed the paper called the 
American Chronicle was publish'd the first time and 
copies distributed among the members to be by them 
carried into every part of the Province : At the same 
time as I was informed Messengers were hired to carry 
it into the neighbouring Colonies. 

On Wednesday following (the 24 th ) I called the 
Council & informed them that of the four Judges 
of the Supreme Court, the Cheif Justice only acted, 
that M r . Chambers the second Justice had sometime 
since (the 19 th of November last) surrendered his Com- 
mission on account of his age and Infirmities, that M r . 
Horsmanden the 3 d Justice had refused to sit the last 
Term, & to act since that time; & that M r . Jones the 
4 th Justice had not sat the last time, but had desired of 
me to have time to consider. At the same time I in- 
formal them of the American Chronicle (which without 
doubt all of them had seen) that tho 1 the authors of it. 
had couched the meaning of it in such words as they 
may think secures them from a criminal prosecution, 
yet it is evident their design is to impress on the Minds 
of the People, Calumnies so absolutely false and dan- 
gerous to the Peace of the Province that the Authors 
were they not affraid of punishment appear capable of 
any villany that may serve their purpose. That as 
M r . Prat the Cheif Justice is under a necessity to return 
to Boston for some time or may be sick or may dye in 
which case the Supreme Court must drop, & a failure 



190 THE COLDEN PAPERS. 

of Justice ensue in all cases solely cognisable in that 
Court, & particularly in all Capital Crimes, & in sucli 
case perhaps the Doors of the Prisons may be set open. 
I likewise told the Council that the American Chronicle 
appeared to be wrote with design to excite popular 
tumults & commotions, & therefore it is my duty to 
lay the state of the Province at this time with respect 
to the Courts of Judicature before his Majesty's Min- 
isters ; but previously to the doing of this 1 thought it 
requisite to demand of the two former Judges then 
present, M r . Chambers & M r . Horsmanden, whether 
they would act under his Majesty's Commission during 
pleasure. M r . Chambers auswered that by reason of 
his age <fe infirmities he could not accept of a Judge's 
commission on any terms. M r . Horsmanden after two 
days consideration agreed to act, as M r . Jones by his 
letter to me has likewise done. This Compliance of 
the Judges will in a great measure defeat the designs 
of the Authors of the American Chronicle, & have 
likewise the satisfaction to learn that it has been gen- 
erally received with detestation by the Gentlemen of 
the Province and in the neighbouring Colorfies. What 
effect it may have on the low rank of Mankind, for 
whom it is cheifly calculated is not so easy for me to 
know ; but now the affair of the Judges is settled I 
apprehend no ill consequences. However I have the 
satisfaction to appeal to your Lordships as to the false- 
hood of some things insinuated in that Paper, and as 
Sir Jeffrey Amherst has been an Eye Witness of most 
things which have passed dureing my administration, 
<fc knows well the characters of the Men in this Prov- 
ince, your Lordships can be well informed by him if 
any doubt remains. 

It may be proper to inform your Lordships of the 
Topics on which the Authors of the American Chronicle 
form their arguments. None in this place doubt who 
they are. 

1 st . They assert that the Ministers in the appointment 
for offices in the Colonies, have no regard to the abil- 



THE COLDEN PAPERS. 191 

ities of Persons, but to the wants of a needy friend, 
Relation or Servant. 

2 ndly . That your Lordships are entirely influenced by 
the representations of a Governor, & that by the change 
of a Governor all the measures may be changed. 

3. That if the people stand firm, a Governor must 
submit or lose the end he has in desireing to be ap- 
pointed. 

But notwithstanding the self-sufficiency of the pro- 
moters of these Doctrines, I am confident all factious 
designs may be defeated by a proper appointment of 
the Officers of Government, especially of the Cheif 
Justice and Attorney General. The knowledge I have 
obtained of the present Cheif Justice M r Prat since he 
came to this Province makes me think that the office is 
happily filled by him with respect to both the King & 
the People : and for that reason I earnestly wish that 
he be not so far discouraged bv the want of a sufficient 
support as to be under a necessity of returning to Bos- 
ton. The Attorney General may be of the greatest use 
to a Governour for advice in matters of Law, in 
keeping factious people in awe, <fc in prosecuting 
criminals of all kinds. An Attorney General usually 
is and ought to be at the head of his profession. Any 
Gentleman haveing a proper foundation of knowledge 
& of ability would be so in this Country, tho' he were 
not able to distinguish himself at West Minster Hall, 
& would easily obtain great incourageinent in private 
practice. The present Attorney General M r Kemp is 
so little considered that he is seldom or never employed 
in any private Suit. He is a very honest Gentleman, 
& as his living depends on this employment it would 
be happy for him to have some other office, tfe another 
appointed in this more able to serve the King and the 
Country. 

What I now write is from a sense of Duty without 
personal view to myself, for I expect my administration 
will be at an end before anything which I now write 
can have effect 



192 THE COLDEN PAPERS. 

I have nothing to add hut that your Lordships will 
see a List of the Acts passed in this Session at the end 
of the Votes of the Assembly which I enclose, cfe from 
their Titles you may perceive that they do not require 
any particular remarks. A Governor must take all 
money bills which the public service makes necessary 
as the Assembly please to grant them. The Act to 
explain part of an Act for the more effectual collecting 
<kc Depends so much on the original Act of which I 
sent your Lordships an exemplified copy as soon as it 
was possible for me to do it with remarks that if the 
Original be disapproved of, this must fall of course. 
I am with the greatest Submission My Lords <fcc. 



To TnK Right Hon 81 * The Earl of Egremont his 
Majesty's Principal Secretary of State for the 
Southern Department. 

New York April 7 th 1762. 
My Lords 

In my last of the 11 th of February I informed your 
Lordship that I had received the honour of your Com- 
mands of the 12th of December, since which time 
I have received another of the same date which 
had been inclosed to Sir Jeffrey Amherst. On the 
third of last month I delivered his Majesty's Com- 
mands to the Assembly in the words of the inclosed 
printed speech. 

The Assembly have complied with his Majesty's 
requisition, but in a manner that I am in great doubt 
of my being able to raise the number of men expected 
from this Province. Last year the bounty to encourage 
voluntiers to inlist was £15 of our CuiTeucy, and then I 
was not able to raise the full number, now that it is re- 
duced to Ten Pounds I shall be less able. The same 
Sum of Ten Pounds is in ven as an encouragement for 
voluntiers to inlist with the Regulars, but the Assembly 



THE COLDEN PAPERS. 193 



would not give it expressly for that service. They 
have given JS4790 to the Commander in Cheif of his 
Majesty's forces for his Majesty's service which is at 
the rate of £10 a Man for 479 Men, the number which 
Sir Jeffrey Amherst Demanded of this Province for 
Recruiting the Regulars. However I believe your 
Lordship will find that this Province has done more in 
proportion than any other of the Colonies. 

It is my incessant endeavour to do my duty &, there- 
by to merit the honour of being with the greatest sub- 
mission, My Lord, & c . 

The two preceding Letters & that in Book 2nd to 
the Board of Trade dated March 1, 1762, went by the 
Genl Wall Packet Capt n . Eyres, who sailed April 8 th , 
1762. 



To Sir Jeffrey Amherst &°. 

Fort George New York April 15 th 1762. 

8lR > . , 

I communicated your Excellency's Letter of this day 

to the Council who were setting at the time I received 
it The only practicable method to supply the Kings 
Troops with Provisions in their opinion is by my grant- 
ing a Warrant to some Inhabitant of this place to im- 
press as much Provision as you shall think necessary 
for the service on paying the Market price which is to 
be ascertained by five oi the Principal Merchants to be 
named in the Warrant or by any three of them. The 
Council have likewise advised me to issue a Proclama- 
tion strictly prohibiting the Exportation of provisions 
to the Enemy or to any Neutral Port under the 
penalty of being prosecuted with the utmost rigour & 
severity which the law will allow. They likewise de- 
sire your Excellency will please to make similar Requi- 
sitions of the other Provision Colonies. This is all the 
Gentlemen of the Council think I can legally do. 
13 



194 THE COLDEN PAPERS. 

Please to inform me of the Person, an Inhabitant of this 
city who yon think will most effectually execute my 
Warrant, & I shall grant it to him. I am just now in- 
formed that a vessel is this day arrived from North 
Carolina with 3 or 400 Barrels of Pork. I hope your 
Excellency believes that I am solicitous t« do every- 
thing in my power for promoting the Kings service, 
and that I am with great respect, & c . 



To Sir Jeffrey Amherst. 

April 17 th 1762. 
Sir 

I have communicated your Excellency's Letter of 
yesterday to the Cheif Justice & the Attorney General, 
& the Papers which accompanied it. They have been 
almost this whole day with me consulting on what may 
be proper to be done. The result is that tho' the 
Papers be sufficient to convince any man of the guilt of 
the owner and Master of the Sloop Dove, yet they are 
not such legal evidence as will warrant the Committing 
of them or either of them to Prison & to found a prose- 
cution thereon. Indeed they are of opinion that there 
is not sufficient Authority in this Province to try and 
convict any person of a crime committed beyond seas 
or out of the Province. But if any of the Seamen on 
board the Sloop Dove could be procured to make oath 
of the supplying the Kings enemies with Provisions 
by the master or others, it would be sufficient to com- 
mit them & to send them to England for Tryal. Per- 
haps some of the Crew of the Dove may be detained 
on board the Enterprise if so it would be proper to have 
them sent up for Examination. 

I am informed that Rieux mention'd in the French 
Letters is a French Man from the Cape & has resided 
some Months in this place as a Factor for the French. 
If you think it proper I shall order his Person Papers 



THE COLDEN PAPERS. 196 

& effects to be seized, & in like manner all the other 
French Men now in this Place. Perhaps your Excel- 
lency may think it adviseable that one of your officers 
go along with the Sheriff to see that diligent & effec- 
tual search be made for papers, for people of this place 
may be influenced to favor. It may happen that if the 
French Men be taken up before we have evidence suf- 
ficient to commit Carlisle, Master of the Sloop Dove he 
will abscond, & I know of no evidence that can be ob- 
tained unless they be on board the Enterprise. Please 
to let me know your sentiments and pleasure on what 
I now write, & your Excellency may be assured that 
nothing shall be wanting for crushing this pernicious 
traffic that is in the power of, Sir & c . 



To Sir Jeffrey Amherst. 

New York April 23 d 1762. 
Sir 

I have the honour of your Excellency's Letter of 
this Day, in answer to which inclosed is a List of Ves- 
sells cleared out from this Port with Provisions which 
are suspected to be on illicit trade. Among them it is 
observable that the sending of Onions, Boards, Hoop- 
poles, Apples & Oyl to New London, the sending Tar 
to North Carolina, Beef &> Butter & the sending Pro- 
visions Bricks & hoops to Pensilvania are all of them 
like sending Coals to New Castle, & indeed Provisions 
of any kind are very unfit for these Markets. The same 
objections as to Vessels cleared for Jamaica cannot be 
made, but there is strong presumption that several Ves- 
sels cleared for Jamaica have gone directly to French 
Hispaniola as certainly the Sloop Dove did without 
going near New London for which Port she cleared 
out. Notwithstanding of this all the Vessells formerly 
cleared out in like manner returned Certificates from 
the proper officers that the provisions were landed at 



196 THE COLDEN PAPERS. 

those ports. It may be that in some cases the pro- 
visions were really landed, & an entry made at that 
port of a different cargo tho' the same Cargo was taken 
on board again. If M r Temple go personally to New 
London & Knode Island & make strict enquiry it is prob- 
able he may receive information from rersons living 
there who are no way concerned in Trade. So many 
people I suspect have been interested in this illicit Trade 
from this place that it is very difficult to find Persons 
to execute any orders who have not connections with 
them, or who are not affraid of their resentment, so that 
however solicitous I be to bring the guilty to condign 
punishment, & to put an entire stop to this pernicious 
Trade, my endeavours may not have the desired effect. 
It is not usual to issue any Impress Warrant with- 
out advice of Council, & it will be difficult to get a 
sufficient number to meet while the Supreme Court 
sets. I expect it will not be difficult to get Pease at 
Albany at the Market Price, & as there is no market 
to carry them to from Albany besides New York they 
.may be impressed here by my former Warrant. I am 
with great respect, Sir. 



To Gov". Fitch Esq", of Connecticut. 

Fort George New York, April 28 th , 1762. 
Sir 

As I find it difficult to raise the number of Men for 
his Majesty's service that are provided for by the Leg- 
islature of this Province and as Timothy Northam of 
your Colony has assured me that he can get a consider- 
able number of men in your Colony willing to enlist in 
the pay of this Colony to whom I have given a Warrant 
to Inlist Men, I must beg the favour mcouraging him 
for that purpose. I can make no doubt of your con- 
currence in promoting the Service at this time which 
you know his Majesty has very much at heart. I am 
with great truth <fe regard Sir 



THE COLDEN PAPERS. 197 



To Sir Jeffrey Amherst. 

May 2 nd 1762. 
Sir 

As I was told that the Sheriff could not in person 
attend the Execution of my Warrant for seizing the 
persons & effects of the French said to be in this 
place while the Supreme Court was setting which con- 
tinued to set till last night, I now send my warrant to 
the Sheriff for that purpose which will be delivered to 
him immediately after this shall be delivered to your 
Excellency that if you think proper you may direct one 
or more 01 your officers to attend the execution of it. 
The sheriff lives very near your Excellency's present 
residence. My misfortune at this time in losing a 
daughter I was very fond of, and the danger another 
is in really discomposes my Mind that I cannot think 
properly, which I mention to excuse any omission that 
may have happened. I am with great respect Sir 



To John Roberts Esq*. High Sheriff of the City 

& County of N. York. 

Fort George, May 2 nd 1762. 
Sir, 

Inclosed is my warrant for seizing the persons papeis 
and effects of all the French Subjects now in this place. 
I am very solicitous that this Warrant be executed 
with all the care diligence and despatch possible & that 
you be particularly careful in discovering and seizing 
all their papers. I think if possible all their persons 
should be seized at one time that no intelligence go from 
one to the other. I have reason to expect that the 
General will send one or more of his officers to assist 
you & therefore please to give his Excellency notice 
of your having this Warrant as soon as you shall have 



198 THE COLDEN PAPERS. 

received it & follow what farther directions in the 
Execution of it he shall please to give. I am Sir 



To Sir W m Johnson. 

Fort George May 3 d 1762. 
Dear Sir 

When I tell you that my Daughter Willett <fe my 
Daughter Caty have been dangerously ill ever since 
the Death of my Wife, that I have lately lost my 
Daughter Willett. & Caty continues dangerously ill of 
a Hectic, I hope you will excuse my not answering 
yours of the 17 th of last month sooner & in the manner 
I would take pleasure to do. 

I directed M r . Banyar to inform you of what is done 
in Council in respect to Clock which is all in our power 
to do <fe I hope it will give satisfaction to the Indians. 
I believe he is now humbled so far as not to take upon 
him to brag. 

The Gentlemen of the Council who act as Justices of 
the Peace take the oath of a justice of Peace for the 
Province as well as that of Councillor. 

I have the Misfortune likewise at this time to have 
an unusual load of public business all which I hope will 
excuse my referring you to M r Banyar for farther par- 
ticulars. I am with great esteem <fe regard, Sir. 



To Sir Jeffrey Amherst, K. B. 

New York May 3 d 1762. 

Sir 

I have the honour of your Excellency's Letter of 
this Day. The Persons Papers and Effects of his 
Majesty's Subjects living in this Place as I am told 
M r Tetard & Van Solen are, cannot be seized without 



THE COLDEN PAPERS. 199 

proper information on Oath before some Magistrate 
who on such information must issue his Warrant. 

The Sheriff has informed me that he has seized the 
Persons Papers & Effects of Several Gentlemen Sub- 
jects of the King of France whom he found at large in 
this Place. It may be proper to have their Papers 
examined as soon as possible, but I am greatly at a loss 
whom to appoint for that purpose who understand the 
French Language & I must therefore beg of your 
Excellency to name some proper persons for me &, I 
shall direct the Secretary to be present at the Exam- 
ination tho' he does not understand the French Lan- 
guage. 

Please to inform me of anything farther which you 
may think necessary. I am with great respect 



To Sir Jeff. Amherst. 

May 3 d 10 at Night 
Sir 

I have the honour of yours of this Evening. The 
Secretary will attend tomorrow morning at nine before 
noon at the Sheriff's house, <fc I shall endeavour to have 
the Attorney General likewise to attend. The Council 
meets at Eleven at which time the Secretary must 
attend them, but he will again attend to examine the 
Papers in the afternoon. I am with great respect, 
Sir. 



To J. T. Kemp Esq f Attorney General. 

Fort George May 3 d 10 at night 
Sir, 

The Sheriff has taken in his Custody several of the 
French King's subjects who were found at large in this 
City & seized their Papers. The General will order 



200 THE COLDEN PAPERS. 

an officer who understands French well to attend you 
at the Sheriffs House tomorrow morning at nine of the 
Clock before noon, where I must desire your being 
present at examining into the Papers which may be of 
great consequence to his Majesty s service. I am with 
great regard Sir 



To Sib Jeffrey Amherst. 

Wednesday 8 before noon 
Sir" 

I have the honour of yours of last night, & I design 
to order the French Gentlemen whose names are men- 
tioned by your Excellency to be released, but it seems 
proper previously thereto that I have the perusal of all 
the Papers <fe have the Attorney General's report on 
them. 

Please to separate those you design to send to the 
neighbouring Governors that after having perused them 
in the first place I may send them back to your Excel- 
lency without delay. I am with the greatest respect. 



To Sir Jeff. Amherst, K.B. 

New York May 8, 1762. 
Sir 

Yesterday I had the honor of your Excellency's Let- 
ter of the 6 th . I have given directions to the Custom 
House not to clear out with Provisions, nor to clear out 
any Vessell already entered with Provisions without 
previously informing me & to tell the Merchants that 
if they are dissatisfied with this restraint, a general Im- 
bargo must be laid. But unless the like care be taken 
in New Jersey and Pensilvania what is done in this 
Port cannot be effectual for what your Excellency de- 
signs. The Merchants in this place as well as the 



THE COLDEN PAPERS. 201 

Merchants residing in those Colonies may export pro- 
visions from one of them if not from both. 

The Custom House officers inform me that Capt n . 
Price tells the Masters of the Merchant ships in the 
Kings Service that they have nothing to do with the 
Custom House. They cannot omit to make the proper 
Entries of all Goods they take on board, & take out 
proper clearances without breaking through all the 
Laws of Trade. The Kings Ships when they have 
Merchandise on board submit to the Rules of the Cus- 
tom House. Please to give orders to prevent these ir- 
regularities, & that the Names of the Vessells & 
Masters imployed in the Kings Service be properly 
certify ed to the Custom House, for otherwise the officers 
cannot do their Duty while they cannot distinguish the 
vessells in the Kings Service from others who may il- 
licitly take in Provisions. 

As no doubt the Persons who have been in the pre- 
vious illicit Trade with the French for Provisions 
ought to be prosecuted vigorously, & as on the Prose- 
cution of their Bonds given on the Exportation they 
may produce Certificates of the Provisions being duely 
landed in some other Colony, that the fraud in obtain- 
ing these certificates may appear with sufficient legal 
evidence, it may be necessary on the tryal to have suf- 
ficient Witnesses in Court for that purpose, and as cer- 
tainly many of the Saylors taken from on board the 
illicit Traders, & now on board his Majesty's Ship the 
Interprise are proper Evidences it will be necessary to 
have them in this place for that purpose, because on 
Tryal the Evidence must be given in Court, any Evi- 
dence out of Court will not be sufficient. For this 
reason a sufficient number who can give security for 
their Appearance in Court ought to be discharged from 
the ship on their giving such security. I am told 
that the Mate of the Sloop Dove, & one Forbes from 
on board the sloop Susannah <fe Anne are willing & 
able to give Security. 

There are four able bodied Men in Jail convicted of 



202 THE COLDEN PAPERS, 

Larceny whom I am advised to Pardon on condition of 
their entering into the Kings Service. If you think 
them fit for the Regular Service you may have them 
when you please, otherwise they go in the Provincial 
Pay & not be at large till they are put on board the 
Transports. 

Since I had wrote so far the Masters and Wardens of 
this Port have been with me to complain of some 
affrontive usage from Capt n . Price. I believe that 
these Men are well disposed to do their Duty, <k that 
any disgust given them <fc to the Inhabitants without 
sufficient reason will be prejudicial to his Majesty's 
Service. I am with the greatest respect Sir 



To Sir Jeff. Amherst 

May 9*1762, 9 at night 
Sir 

I have the honour of two Letters from your Excel- 
lency one of Yesterday the other of this Evening. I 
believe that the Merchants concerned in the illicit 
Trade will do everything in their power to prevent 
that any evidence appear against them, but how to take 
off this Influence on people who otherwise would be 
willing to give in Security I know not, before tryal is 
made of what can be done. 

The names of the Persons convicted of Larceny whom 
I was advised to pardon on condition of their entering 
into the Kings Rervice are Peter O Donnelly, George 
Sears, William Thomas, John De Leau a french Neu- 
tral as they are commonly called and James Runnels. 
This last man is in Custody but not indited. Perhaps 
several others are in Jail on crimes not Capital to be 
tryed in the Mayors Court. Capt n . Byrns I am told 
since I wrote lias iulisted them <fc I suppose the reward 
either as Provincials or as Recruits to the Regulars. 

I have not seen the Master & Wardens since I re- 



THE OOLDEN PAPERS. 203 

ceived yours but I expect thej r will come to me again 
when I shall know what to say to them. 

The Mayor of Albany <fe M r Ten Brook one of the 
Assembly were with me yesterday to complain of abuses 
in pressing Carpenters, Horses & Waggons. If what 
they told be true it is no wonder that the people are 
disgusted <fe that the service meets with opposition. I 
desired them to put their complaints in writing which 
I expect they will do & then 1 shall be able to inform 
your Excellency with more certainty. They tell me 
that the abuses arise from 2 or 3 private soldiers being 
employed to impress without being under the immedi- 
ate direction of any officer, and they assure me that if 
the officers would apply to the Magistrates the neces- 
sary service may be carried on without difficulty. I 
am afraid that if the power of impressing come before 
the Assembly I may have some Remonstrance on that 
head. However if you shall think it proper I shall by 
Message desire their concurrence to an Act for that 
purpose. I am & c 



To The Right Hon"" The Lords Commissioners for 

Trade & Plantations, & c 

New York May 11 th 1762. 
My Lords, 

I have the honour of your Lordships Letter of the 
20th of January, <fe I am under great obligations to 
your Lordships for the trouble you have taken to in- 
form me so particularly in relation to the allowance to 
be made to the Lieut Gov r in the absence of the Gov r . 
I thought I could not have made a mistake in Gov 1 " 
Hunters Instructions, becau e the President of the 
Council in the Gov™ absence refused to pay any part of 
the perquisites & my memory fails^ne extreamly if M r 
Burnet did not tell me of the Interpolation which I 
mentioned. M r Cosby when he came over demanded 
half the perquisites & half the sallary from the date of 



204 THE COLDEN PAPERS. 

his Commission to the time of his arrival, & commenced 
a suit upon it but did not recover. This gave the first 
rise to the violent Publick Dissensions winch happened 
during his Administration & which did not end till his 
death. This was the reason that the assembly after- 
ward gave the Sallary to the Commander in chief at 
the time without continuance to his successor. I shall 
give your Lordships no farther trouble on this head, as 
in all probability it can be of no consequence to me. 

I shall my Lords continue to do my Duty to the best 
of my ability, tho' my adhernce to his Majesty's In- 
structions in opposition to the humors of the Assembly 
has been, & will be prejudicial to my private Interest. 
I have not the usual allowance for contingent services 
but defray the expense of them out of my private 
pocket. When M r Monckton returns tho' I retain the 
Character of Lieut Gov r aud Preside in Council it will 
not be of one farthing advantage to me, but increase 
my private Expenses. This is a case peculiar to this 
Government for in all the others the Lieut Gov r has 
provisions made for him. Your Lordships may judge 
whether this can be of advantage in a Government im- 
meadiately under the Crown & by its situation more 
conspicuous & perhaps of more consequence than any 
other of the Collonies on the Continent. 

We have lately discovered a most pernicious Trade 
carried on from the Colonies to the French Settlements 
on Hispaniola. I am now collecting all the proofs I 
can obtain, some of which came to my knowledge only 
yesterday. I shall communicate them to the Attorney 
General that he may take proper steps to prosecute the 
offenders. As the Enemy have several Squadrons in 
the West Indies I have at Sir Jeff. Amherst's request 
put a stop to the Exportation of Provisions from this 
Port least the Enemy should be supplied by our Traders 
who consider nothing but their private proffit. 

By my Letter of the 7 th of last Month, I informed 
your Lordships that the Assembly had complied with 
his Majesty's Requisition of the 12th of December as 



THE COLDEN PAPEBS. 205 

to numbers, but in a manner which I thought would 
not be effectual for the purpose. Last year and every 
year preceeding the bounty to incourage Voluntiers to 
mlist was fifteen pounds currency to every Man, this 
year it is reduced to ten pounds, tho' I could not with 
the bounty of fifteen pounds cornpleat the number last 
year. As the number of Men Inhsted in the beginning 
of this Month came far short of the number required I 
called the Assembly on the fourth of this month &, by 
a message, a copy of which is in the inclosed printed 
Paper I earnestly pressed them to give farther en- 
couragement to Voluntiers, & to compell idle persons 
into the Kings Service who have no visible way of liv- 
ing and are injurious to the Community, of which great 
numbers are m this place at this time, but without 
success as appears by their Resolutions, a copy of which 
is likewise in the inclosed piinted paper. The Assembly 
persisted in the opinion that a sufficient number would 
mlist on what grounds I know not, I therefore adjourned 
them for twelve Days in hopes that if they then dis- 
covered that they had gone on false presumptions, as I 
believe they have they will then come into measures 
necessary to compleat the numbers expected of this 
Province. Nothing in my power has been wanting to 
have compleated the numbers before this time, of which 
I am confident Sir Jeffrey Amherst is satisfied. He 
resides in this Place <fe knows every thing that passes. 
I shall continue my utmost endeavours tho' I am 
affraid they will be absolutely ineffectual as to recruit- 
ing the Regulars without a Law to compell the Idle 
vagrants into the Kings Service. I am with greatest 
submission My Lords 



206 THE COLDEN PAPERS. 



To TUB R T H0N BLE THE EaRL OF EgREMONT. 

New York May 11 th 1762 
My Lord, 

In my last which I had the honour to write to your 
Lordship of the 7 th of last Month I informed you that 
the Assembly of this Province had complied with his 
Majesty's requisitions of tho 12th of December; but in 
a manner which I was affraid would not be effectual. 

Last year & eveiy year preceding the bounty for 
encouraging Voluntiers to inlist was fifteen pounds 
current money of this Province to each man, this year 
it is reduced to ten pounds, tho' last year I could not 
compleat the full number with the bounty of fifteen 
pounds. As the number of men inlisted in the begin- 
ning of this month came far short of the number re- 
quired, I called the Assembly to meet the 4th of this 
Month, & by message a copy of which is in the enclosed 
printed paper, I earnestly pressed them to give farther 
encouragement to Voluntiers to enlist & to compell 
idle Persons into the Kings service who have no visible 
way of living and are injurious to the Community, of 
which I am informed great numbers are in this place 
at this time but without success as appears by their 
resolutions a copy of which is likewise in the inclosed 
printed Paper. 

The Assembly persisted in the Opinion that a suffi- 
cient number would inlist on the bounty already given, 
I therefore adjourned them for 12 Days in hopes that 
if they then discover that they have gon on false pre- 
sumptions as I believe they have they will go into 
measures effectual to compleat the numbers expected 
from this Province. Nothing in my power has been 
wanting to have compleated the numbers before this 
time, o± which I am confident Sir Jeffrey Amherst is 
satisfied. By his residing in this place he knows well 
every publick thing that passes in it. I shall continue 
my utmost endeavours for his Majestys service tho' I 



THE COLDEN PAPERS. 207 

am affraid it will be without success in recruiting the 
Regulars because I find an aversion in the Assembly to 
that part of the service. 

As the enemy have several Squadrons in the West 
Indies, I have at Sir Jeffrey Amherst's request put a 
stop to the exportation of Provisions from this Port, least 
the Enemy should be supplied by our Traders who 
consider nothing but their private profit. I am with 
the greatest Submission My Lord 

The two preceding Letters went by the Pitt Packett, 
Capt n Goddard, Sail'd May 1762. 



To his Excellency Gov* Bernard. 

New York May 14 th 1762. 

Sir 

I have your Excellency's favour of the l 8t of this 
Month relateing to a murder perpetrated at Kinderhook 
by Abraham Hunkamay a Stockbridge Indian upon 
another Indian which I communicated to the Council 
of this Province. M r Horsmanden one of the Judges 
of the Supreme Court of this Province has sent his 
precept to the Sheriff of Albany to go to the frontiers 
of this Government on the first day of June next there 
to receive the Criminal from the officers of your Gov- 
ernment & to convey him to the Jail of Albany there 
to take his trial at the next Circuit Court which will 
be Tuesday the 22 nd day of June next. 

We in this place are entirely ignorant of the fact, it 
will therefore be necessary that the Attorney General 
M r Kemp be fully informed of it and of the witnesses 
that summons for their appearance may issue in proper 
time. If this be done I make no doubt the Indians 
will be pleased with the Justice that shall be done & 
incourage them on future occasions to trust to the 
Justice of the Government. 



208 THE GOLDEN PAPERS. 

I have directed the Secretary to write to the Sheriff 
of Albany to apply to Joseph Dwight, Esq, or to 
Timothy Woodbridge as you advised for farther infor- 
mation. I am <fc c <fc c 



To His Excellency Sir Jeff. Amherst. 

New York May 20 th 1762. 
Sir 

The Assembly have this moment sent two of their 
members to me with a private Message Informing me 
that the obstructions to the Inlistments aiise from 
an apprehension which generally prevails among the 
Men that the 553 Men to be embarked of the Provincial 
Troops in the pay of this Province are to be sent to the 
West Indies and to be compellad to inlist with the 
Regulars. They are of opinion that if your Excellency 
should think proper to give assurances that the Provin- 
cial troops in the pay of this Province are to be em- 
ployed on the Continent of America only & that they 
shall be returned to the Province as soon as the service 
is over without being compelled into the Regular 
Troops the numbers required of this Province may soon 
be completed. They likewise say that in case your 
Excellency think proper to give this assurance the As- 
sembly will give an additional bounty to those who 
embark. 

I promised to communicate this private message to 
your Excellency and to inform them of your Answer 
as soon as it shall be in my power. I am with the 
greatest respect 



TIIE COLDEN PAPER3. 209 



To W K Nicoll, Esq, Speaker of Tins General As- 
sembly of New York. 

New York May 20, 1762. 
Sir 

I think the General's Assurances in order to remove 
the prejudices that have hitherto discouraged the In- 
listraents will be best communicated in the Form of 
•Orders to the Provincial officers, a copy whereof I now 
enclose leavinga blank therein on the supposition that 
an additional bounty will be granted by the Province 
to those Men who shall embark which I hope the Gen- 
eral Assembly will readily come into as a Measure 
necessary to prevent any disappointment in so essential 
a part of the Kings service. As soon as I know the 
Resolution of the House on this head, I will give direc- 
tions for printing & distributing the Orders throughout 
the Province without delay, as no time is to be lost. 
I am with great regard Sir, <fec. 



To Sir Jeff. Amherst. 

New York May 22 nd 1762. 
Sir 

From what passed this Day in Conversation, I sus- 
pect that some Merchants in this place, or in Philadel- 
phia, perhaps in both, have entered* into Contract to 
send Provision to Havana by way of the Island of 
Providence. I cannot obtain sufficient Evidence to Judge 
whether this be true or only surmise, However I think 
it proper to inform your Excellency of it as you have 
it more in your power to inform yourself fully than I 
have, and you have it likewise more in your power to 
prevent the ill effects of it should it be true. 

I have likewise this Day received a Letter from 
Mess™ Rieux & Compte French Gentlemen in prison 
14 



210 THE COLDEN PAPERS. 

praying to be set at liberty on their parole of Honour, 
or if necessary on giving security in this Place to pre- 
sent themselves as often as required <fc to observe such 
orders as they shall receive. In this I shall conform 
to your Excellency's advice <fc I beg the favour of your 
advice. I am with greatest respect Sir <fca 



To Sir Jeffery Amherst. 

New York May 26 th 17<>2. 
Sir 

So soon as I received yesterday your Excellency's 
Letters of the 24 th <fe 25 th I gave orders to Coll. Thodey 
pursuant to that of the 24 th . He tells me that he has 
communicated to you what ^le intended to do in pur- 
suance of them, which you have approved of. I have 
likewise given directions to the Custom House agree- 
able to yours of yesterday for allowing the Provisions 
to be loaded tfe cleared out which M r Franks is to send 
to Jamaica for the use of his Majestys navy there. 
This day received the inclosed Letter from the Mayor 
which I think necessary to inclose to your Excellency 
that you may give the orders necessary to prevent any 
contagious distemper from being brought into this 
place conformable to a Law of this Province. For 
which purpose there can be no use of any Argument. 
The Mayor tells me that the Corporation have a house 
on Bedlow's Island of four rooms each of twenty feet 
square for the reception of the sick, and another House 
on the said Island w r here the Physicians <fe Surgeons 
may be accommodated. A man <fe family live in this 
last house & the Mayor tells me he shall either remain 
there or remove as shall be thought most convenient. 

By the Law the Pilots are directed to bring no 
Vessell which has any sick on board nearer to the City 
than Bedlow's Island till they shall be visited by a 
Physician appointed for that purpose, & if he thinks 



THE COLDEN PAPERS. 211 

the distemper to be contagious the sick are to be 
landed on that Island & the Vessells to perform Quar- 
antine for such time as the Gove r <fc Council shall think 
proper. 

I likewise enclose a Second Letter which I have re- 
ceived from Mess™ Rieux & Compte. I am &c. 



To Lord Stirling. 

Fort George May 30 th 1762. 
Mr Lord 

As soon as I received your Lordships Letter of this 
Day I sent to the Collector as the matter entirely rests 
with the Officers of the Customs in which I cannot 
properly interpose. I cannot receive on M r Livingston's 
assertion alone that he had leave from the Naval officer 
to put naval stores on board as the doing of it is con- 
trary to an Act of Parliament as well as my directions 
in this case & subjects the naval officer to Punishment., 
I find the officers of the Customs take it highly amiss 
to be charged with a continual breach of the Laws of 
Trade for twenty years continually. I am with great 
respect My Lord &c 



To Sir Jeffery Amherst. 

May 30 th 1762. 
Sir 

I communicated the Contents of your Excellency's 
Letter of this Day to the Commissioners for paying the 
Troops of this Province as soon as they were come 
from church. They say that they will send an Express 
this afternoon for the payment of the bounty of the 
Men Mustered at Albany. They had my Warrant to 
receive this money above ten Days, how it came to be 
neglected I know not. 



212 THE COLDEX PAPERS. 

f 

The inclosed Letter came to my hands this mtfrning. 
I know nothing more than what you will learn by the 
Letter. I should be glad that it were proper to favour 
M r Wood's Son in Law, whom I never saw, probably he 
may be a relation of M™ Gates. 

Allow me Sir to remind you of Lt. George Turnbull 
in case anything offer at this time in his favour for it 
would give me great pleasure to be of use to my friend 
who I believe is a deserving Man. I am with greatest 
Respect Sir 



To the Right Hon"" the Lords Comm* 8 for Trade 

& Plantations. 

New York June 12 th 1762. 
My Lords 

In my last which I had the honour to write to your 
Lordships of the 11 th of May, I informed you of the 
difficulties I was under in compleating the number of 
,Men, which his Majesty had demanded of this Province 
for this years Service, It being generally understood 
that the Men were to be employed as last vear, in 
place of Regulars removed on other Services, & when 
it was known that 553 of them besides officers were to 
embark on some secret Service such an aversion appeared 
among the Men to this Service, it became necessary for 
me to meet the Assembly again on the 18 th of last 
Month for their aid. 

They have given an additional Bounty of 40 s to 
each man who shall embark, <fc passed a Law inflicting 
a penalty of £50 on any who shall harbour deserters. 
With much difficulty I have compleated the number 
required for Embarkation, and they are now ready for 
that purpose. There is not so much difficulty in getting 
the Men who are to be employed, as in former years. 

At the time the Assembly met in this Place the 
small pox was frequent in it <fe many of the Members 
not having had that Distemper they were uneasy, & 



THE COLDEN PAPERS. 213 

it was impossible to prevent their hurrying Business, 
more than was proper to have things well considered. 
Inclosed are the Printed Minutes of their Proceedings, 
and two Acts passed at that time. The Act Relating 
to the Light House was occasioned by the obstinacy of , 
the Proprietors of the Land where the Light House 
is to be built who refused to convey tho' an extrava- 
gant Price is paid for the Land unless a Law were 
passed enabling him to sue for Trespasses committed 
on it in New York tho' the Land be situated in New 
Jersey. 

I likewise informed your Lordships that I had 
ordered some Merchants to be prosecuted who had 
been discovered to have carried Provisions to the 
French on Hispaniola. Since which time I have 
received a Memorial from the Merchants in which . 
after some excuses for their haveing been drawn into 
that Trade without any bad intentions, [they] promise 
solemnly to abstain from it for the future. As I 
think them sincere I hope there is an entire stop put 
to that pernicious Trade from this place. How it 
may be as to the Neighbouring Colonies I cannot 
say. 

In my Letter of the 7 th of April I informed your 
Lordships of a Paper published in this place with a 
view to embroil the administration. I have the pleasure 
to inform your Lordships that it has had an effect the 
reverse of what the author designed. It has produced 
so general a Detestation of the authors & of their design 
that they have dropped their Pens. The minds of the 
people are as much at ease, & the Province in as great 
tranquility, as ever it was at any time. This gives me 
the greatest satisfaction at this time when 1 expect 
soon to deliver up the administration of Government, 
on General Monckton's arrival. No Governor I flatter 
myself has more at heart faithfully to perform his 
Duty than I have had : and if I can obtain the honor 
of your Lordship's approbation of my past services I 
sh^ll think myself extremely happy : and I shall hope 



214 THE COLDEN PAPERS. 

to be regarded by your Lordships as My Lords Your 
most Obedient <fe faithfull Servant 

P.S. General Monckton is arrived in the Evening 
after this was wrote. 



To THE RIGHT HoN BL " LORD EgREMONT 

New York June 12th 1762. 
My Lord, 

In my last which I had the honour to write to your 
Lordship on the 11 th of May, I informed you of the 
difficulties I was under in compleating the number of 
Men which his Majesty by your Lordships Letter of 
the 12th of December required of this Province. It 
was generally understood that the Men raised in this 
Province were to be employed in North America as last 
year in place of the Regular Troops sent on other Ser- 
vices and therefore when it was known that 553 of 
them besides officers were to embark on some secret 
Expedition a general aversion to that Service appeared 
among the Men, <fc it was with great difficulty I could 
make up that number tho' the Assembly has given an 
additional bounty of 40* to each of them more than to 
the others who are to replace the Regulars. I have 
now compleated the whole number ready to embark 
when the General shall think proper. 

It has beep lately discovered that great quantities of 
Provisions have been carried from this & the neigh- 
bouring Colonies to the French on Hispaniola. I have 
ordered the Attorney General to Prosecute the offen- 
ders in this Province, & I hope an effectual stop is put 
to this pernicious Trade. 

The Embargo on Provisions which in my last I in- 
formed your Lordship I had laid, continues to prevent 
the Enemy's squadrons in the West Indies from being 
supplied. 

This Province is in perfect ease <fc tranquility & if 



THE COLDEN PAPERS. 215 

my administration receive your Lordships approbation, 
now when I expect every day to deliver it up on the 
arrival of the Governor in Chief it will give much hap- 
piness to My Lord Your <fc c . 



To THE H0N BLK R T . MONCKTON, ESQ. 

Flushing August 8 th 1762 
Sir 

I have the Honour of your Excellency's Letter of the 
4 th with the Papers inclosed which I now return. As I 
had received your Excellency's Instructions before I 
received the Originals of which there are Duplicates, & 
had acknowledged the Receipt of them, I thought they 
were of no farther Publick use, the chief design being: 
to guard against the inconveniency's which might hap- 
pen by miscarriage of the Instructions. 

Inclosed your Excellency will receive a Copy of a 
Representation made by the Board of Trade to the 
King. In some part of this Representation their Lord- 
ships have certainly been misinformed of facts, & for 

# that reason I thought they might take it amiss to have 
it communicated, but I hope they cannot take amiss the 
sending of the Copy to you. In it their Lordships 
represent on information which they say may be de- 

■ pended on that the Lieut. Governor & the Council had 
entered into measures for making fresh grants more for 
the benefit of themselves & of their families than 
for the subjects in general. Your Excellency has now 
an opportunity of enquiring into the truth of this infor- 
mation. As to myself I say that I have not been in- 
terested in any Grant of Lands, or in any License of 
Purchase in any shape or share either directly or indi- 
rectly by any Person in trust for me since the Adminis- 
tration has been in my hands, or for twenty years pre- 
ceding, nor have I had so much as an inclination to be 
interested. Nor do I know that any of my children 



216 THE COLDEN PAPERS. 

have been interested in any License of Purchase, tho' I 
know no reason to debar them from any privi ledges or 
advantages which others have. I am with great Re- 
spect Sir. '- 



To the Right Honourable the Earl of Halifax. 

New York March 27, 1763. 
My Lord 

As I was convinced that by Your Lordships favour 
only I was appointed V Gov 1 * of this Province, it added 
greatly to the obligation every man is under to do his 
Duty, that I might not be thought unworthy of the 
honour you have done me. Tho my administration of 
Gov* was attended with unusual variety <fc miiltiplicity 
of business, I am well assured that I have gained the 
good will and opinion of the People, & I flatter myself 
that I have not by any part of my conduct incurred 
the displeasure of his Majesty's ministers & in some 
instances attended with difficulty I have received their 
approbation. 

General Moncktou for some time past has been in- 
disposed <fe.it is said that he intends to return to Eng- 
land for his heal tli. Permit me my Lord to beg the 
continuance of your favour & patronage while I con- 
tinue not unworthy of it, and while on every occasion 
I evince that under all the obligations of gratitude <fc 
Duty I am My Lord Your most obedient & faithfull 
Servant. 



To the Hon dle Sir W k Johnson Bart. 

Flushing, July 2 nd 1763. 

Dear Sir 

No doubt you have heard that the Gov r has sailed 
for England <fe that the Administration is again fallen 
into my hands. I was at this time in hopes that it 



THE COLDEN PAPERS. 217 

would be attended with little difficulty or trouble, but 
what I hear of the Indians gives me great concern. 
What information I have is with so little certainty 
that I am not able to form any notion of what may be 
proper to be done especially as I have not the least in- 
formation of the present disposition of the Six Nations. 
However that be I must desire you to give such direc- 
tions to the militia under your Command as may be 
most conducive to the safety of his Majesty's subjects. 
I cannot be more particular in my present ignorance 
of the disposition of our Indians least umbrage or 
jealousy be given to the Indians which otherwise might 
be prevented. 

It will give me pleasure in my administration if it 
be agreeable to you in everything which concerns you 
for I am with sincerity & real affection Sir Your most 
obedient Humble Servant. 



To the Right Hon blb The Lords Commissioners for 

Trade <fc Plantations 

New York July 8th 1763. 
My Lords, 

General Monckton left this Place the 28 th of last 
Month in his return to England. Thereby the Adminis- 
tration of Government is again fallen into my hands, 
as Lieut Gov r . I flatter myself that your Lordships 
were convinced of my endeavours to perform the trust 
reposed in me, while I had the administration formerly. 
Allow me to assure you that I have nothing more at 
heart than to preserve any favourable Opinion which 
was formerly entertained of me : & that it shall be my 
constant endeavour to do my duty to the best of my 
ability. While I do so I shall remain confident of 
your Lordships supporting me. 

Without doubt General Monckton has informed your 
Lordships of the death of Chief Justice Pratt in Janu- 



218 THE COLDEN PAPERS. 

ary last. By his death the People of this Province as 
well as his Majesty's Service has suffered a great loss. 
He was of abilities sufficient to restrain the licentious- 
ness of the Lawyers, tho' of a verv weak constitution 
of body. The Gov r has appointed Dan 1 Horsmanden 
Cheif Justice & Mess™. David Jones, William Smith 
and Robert Livingston Puisne Judges. The appoint- 
ment of Judges has appeared to me at all times of such 
consequence to the liberty and property of the People, 
& to his Majesty's Authority in the administration of 
Government, that I gave my sentiments without reserve 
on that subject in my Letters of the 11 th of January, 
11 th of February and 7 th of April last Year. I must beg 
leave to refer to them : for 1 can add nothing more un- 
less it be that in case his Majesty think proper to ap- 
point a Chief Justice it will become at the same time 
necessary to allow the same Sallary which I am in- 
formed was allowed M r Pratt out of his Majesties Quit 
rents of this Province, otherwise the Chief Justice may 
be laid under difficulties, which by all means ought to 
be avoided. 

M r Kennedy, Receiver General of his Majesty's 
Revenue & Collector of the Customs in the Port of 
New York, dyed the 14 th of last month. The Gov r has 
appointed Oliver De Lancey to be Receiver General : cfe 
the Surveyor General of the Customs has appointed his 
Brother Robert Temple to be Collector of the Customs 
in this Port. Nothing else new has happened since the 
Gov 1 ", went. 

It shall be my constant endeavour in the discharge 
of my Duty to obtain the Honour of being My Lords 
Your most obedient & faithfull Servant C. C. 



THE COLDEN PAPERS. 219 



To the Right Hon bl * The Earl of Egremont his 
Majesty's Principal Secretary of State. 

New York, July 8 th 1763. 
My Lord, 

General Monckton Governor of this Province having 
delivered the Seals to me before he went from this 

})lace on his return to England, I have by virtue of 
lis Majesty's Commission of Lieutenant Governor 
taken the administration of Government on me. It is 
needless to trouble your Lordship with any thing re- 
lating to this Government before the Governor in Chief 
left this Place as you will be much better informed by 
him- than I can. Nothing new has happened since, ex- 
cept that M r Kennedy Receiver General of his Majesty's 
Revenue in this Province and Collector of the Customs 
having dyed a few days before the Governor left this 
Place, Oliver De Lancey one of his Majesty's Council 
for this Province has since the Governour went pro- 
duced his Commission to be Receiver General: and 
the Surveyor General of the Customs has appointed his 
Brother Robert Temple to be Collector of Customs. 

I flatter myself that while the administration was 
formerly in my hands I obtained the approbation of his 
Maj tie8 Ministers of my Conduct. It shall be my con- 
stant endeavour to do my Duty in the trust reposed in 
me. While I do so I shall remain confident in the con- 
tinuance of your Lordships favour and protection <fc 
likewise hope thereby to obtain the honour of being 
with great submission My Lord Y r most Obedient 
& faithfuil SeiV C. C. 



220 THE COLDEN PAPERS. 



To the Right Hon ble the Earl of Egremont ins 
Majesty's Principal Secretary of State for the 
Southern Department. 

New York July 19 th 1763. 
My Lord, 

Oil the 8 th of this Month I informed your Lordship 
that I had taken the administration of Government on 
me when General Monckton left this place. On the 
17 th Instant I received your Lordships Commands of 
the 26 th of March with his Majesty's Proclamation of 
Peace which I have this Day Published with the usual 
solemnity. On this occasion all his Majesty's Subjects 
within my Government most heartily rejoice. 1 am 
with the greatest Submission My Lord, <fc c 



To the Eight Hon ble the Lords Commissioners for 

Trade & Plantations. 

New York July 19 th 1763. 
My Lords 

On the 8 fch of this Month I informed your Lordships 
that I had taken the Administration of Government on 
me at the time General Monckton left this place. On 
the 17 th I received your Lordship's Commands of the 
2ltth of April. Your Lordships directions as to Corre- 
spondence shall be punctually observed : <fc this day I 
intend to issue a Proclamation for a Thanksgiving to 
be observed in this Province on the 11 th of August next 
on the happy conclusion of Peace. I am well assured 
that all his Majesty's Subjects in this Government most 
heartily rejoice on this occasion. Nothing new has 
happened since my last. I am with the greatest Sub- 
mission My Lords <fc c 



THE COLDER PAPERS. 221 



To Sir W m Joiinson Bart 

Spring HillJuly 28 th 17G3. 
Dear Sir 

This Evening I received two Letters from you at the 
same time, one dated the 13 th <fe the other the 25 th of 
this Month. Since the Conclusion of the Definitive 
Treaty our Ministry have had such a Multiplicity of 
business on their hands, & have met with such unex- 
pected difficulties that it was not possible for them to 
attend to every branch of business, <fc some neglects 
became allmost unavoidable but I am confident you 
may assure our faithfull Indians that they will be far 
from being neglected as soon as the Ministry can attend 
to their affairs. 

I am of opinion that the most effectual method for 
the Conojohary Indians obtaining redress will be by an 
order from the King, <fc by the Kings bearing the 
necessary Expense of it, otherwise it cannot be carried 
effectually on, & I am persuaded that in your repre- 
sentation this may be obtained. Whatever is in my 
power for their obtaining Justice shall be done when- 
ever it shall be properly pointed out to me. 

I am well pleased with what you have done for the 
Security of the frontiers. You have often demonstrated 
your zeal on the like occasions. Even after all your 
care <fc doing every thing that can be done it may be 
impossible to prevent a great deal of mischief. How- 
ever they may succeed in surprising poor innocent 
people, it will at last bring destruction on those cruel 
treacherous savages. 

You may assure the Inhabitants that I shall warmly 
recommend their sufferings at this time to the Assembly 
for their proper Consideration. 

Please to let me know what you think necessary for 
making the militia of Albany more usefull with the 
names of the officers for the Troop and two Companies 
of Grenadiers and an Adjutant <fc in what manner they 



222 THE COLDEN PAPERS. 

are to be inlisted that I may give the proper Orders 
for that purpose. 

It is needless for me to intreat you to go on as you 
have allways don in the Publick Service, Your £eal 
wants no Spur. I. am with great affection & Esteem 
Sir Yr <fcc. 



To Coll. Hardenbergh. 

Spring Hill, July 28 th 1763. 
Sir, 

This Evening I received yours of the 24 th . I am 
sorry to hear of the uneasiness the inhabitants are 
brought under. At this distance it is impossible for 
me to give particular directions. I can only desire you 
to do every thing that can be prudently done for the se- 
curity of the Inhabitants on the frontiers & to prevent 
their deserting their Habitations. 

Nothing will more effectually prevent mischief than 
to let the Indians see that you are prepared for them 
and allways sufficiently on y*our guard. Timidity will 
certainly bring greater Mischiefs on the frontiers. Tho' 
it may be impossible to prevent Mischief for some time, 
Destruction will certainly fall on those cruel treacher- 
ous Barbarians, &, proper measures are taken for that 
purpose. I shall warmly recommend to the Assembly 
when they meet to grant relief e to those who suffer in 
doing their Duty at this time. I shall readily fill up 
the vacant offices in the militia when you inform me of 
the names of proper persons. I make no doubt of your 
Zeal for the Publick Service and am with great regard 
Sir ♦ 



THE COLDEN PAPER9. 223 



To Cadwallader Colden Jun b Esq Major of tiie 

2nd Reg t Ulster County. 

Spring Hill, Aug' 3 d 1763. 
Dear Cadwallader 

I have yours of the 28 th with the letters inclosed. I 
received similar information from Sir William Johnson 
by Letter dated the 25 th and from Coll. Hardenbergh of 
the 24 th both which letters I answered on the 28 th to 
the same purpose that I now answer yours viz : In the 
present case I can give no particular directions : That 
everything ought to be done which in prudence can be 
done for the security of the Inhabitants on the fron- 
tiers. If the Indians discover that the People are 
every where upon their Guard <fc ready to receive them 
it will be the most effectual method to prevent mischeif 
for in such case probably they will not attempt it, but 
if the people by their timidity desert the frontiers it 
will give thern such courage that I am affraid much 
mischeif may ensue, tho' at last it will certainly end in 
the destruction of the Indians. These disorders I think 
cannot last long, <fc therefore the people may more 
chearfully be on their guard for some time. The far 
Indians by this time have something else to think of 
than to attack our frontiers. I know nothing of late 
with certainty about them, & I believe the General 
does not, otherwise he would have informed me of it. 
No mischeif so far as I am informed has as yet been 
done anywhere on the frontiers of this Province. 

It is now evident nothing but fear can restrain such 
cruel perfidious creatures as Indians. The General has 
don everything in his power to give them a severe 
chastisement after which they may become good boys 
but not till then. Inform Coll. Ellison with the Con- 
tents of what I now write which is all I can at present 
say for his conduct. 



224 THE COLDEN PAPERS. 



To Captain Hogan Commanding the New York 
Provincials at Fort Ontario. 

Flushing, Aug. 3 d 1763. 
Sir, 

I have yours of the 5 th with your Monthly Return 
and yours of the 24 th of last month. I have before 
now been convinced of your zeal for the public service 
&l I am glad to see you continue the same. You may 
be assured that I shall do everything expected of me 
to make good Governor Monckton's promises, & for 
Encouragement to the Men who continue in the service. 
I am entirely unacquainted with the method now taken 
to pay the company under your Command, <fc therefore 
at present I can do no more than to send a Copy of your 
Letter to Mess™ Cruger Robinson & Livingston that 
they may remove any difficulties, which I am per- 
suaded they will readily do. I shall be well pleased 
that you communicate any material news or intelligence 
you have, as soon as you can to me. I am <fe c . 



To His Excellency Sir Jeffery Amherst. 

Spring Hill, Aug. 15 th 1763. 
Sir, 

The morning I left New York, Christopher Blundel 
Storekeeper in the Fort told me that by disbanding 
the four Independent Companys he had lost the Sallary 
annexed to his office and represented rnoveingly the 
difficulties he was thereby laid under in supporting a 
wife and children. At the first establishment of these 
Company's a deduction was made from the pay of the 
Men, for the Pay of a Chaplain, Surgeon, Store keeper 
and Armorer. Bv a subsequent Regulation the Gunners 
and Armorer's Places were suppressed to provide for a 
second Surgeon. It is evident then that by disband- 



THE COLDEN PAPERS. 225 

ing the Independent Companies the Sallaries of these 
officers must cease. While there are no Men there can 
be no use for Surgeon & Chaplain, but it is otherwise 
as to the Storekeeper for in every Fort there ought to 
be proper warlike stores. 

This Man has been very useful & oblidgeing to me 
and will be so to every Governor, more than those 
Officers who depend yearly on an Assembly for their 
support. In the present state of affairs your Excel- 
lency must have discretionary powers, & I hope you may 
thinlc it proper to provide for this Man till a regu- 
lar Establishment can be made. I am with the greatest 
respect Sir. 



To Philip Skene, Esq* Major Brigade at New 

York. 

Spring Hill, Aug 18 th , 1763 
Sir, 

I have yours of the 17 th . I did not know that you 
had settled any Lands on the Wood Creek before you 
informed me of it the last time I was in New York. 
You may be assured that no 'Lands which you have 
settled snail be granted to any other Person while the 
administration is in my hands ; but as I am ignorant of 
the Grants made by Governor Monckton, where they 
are Located or whether they interfere with yours, I 
shall be glad of a more particular description of the 
Situation of the Lands you have settled with their 
exact distance and bearing from Fort Edward, other- 
wise they may be included in some or other of the 
Grants made by General Monckton & I may make 
them absolute by affixing the Seal to them without 
knowing that they iuclude your Lands. You shall 
have a hearing in Council whenever you please, and till 
then I shall not affix the Seal to any Pattent which it is 
thought may interfere with your Lands. It is neces- 
sary there should be five of the Council at least pres- 
15 



226 THE COLDEN PAPERS. 

ent when any matters concerning Lands are transacted. 
So many of the Gentlemen are in the country that I 
have not been able to make that number this Summer. 
I have ordered a Council to be summon'd the 14th of 
next Month, but I doubt of having five members pres- 
ent ; the business I have with them may be done by 
three. If you have not an accurate survey of the 
Lands you have settled I advise you to have it made as 
soon as possible, so as to ascertain the boundaries and 
quantity of Land you intend to settle <fc improve. 
Your doing of this may probably remove an opposition 
which I apprehend may otherwise be made to your re- 
ceiving a Grant, especially if you can without injury 
to yourself avoid the Grants made by Governor Monck- 
ton. My Son the Surveyor General of Lands can in- 
form you more particularly on this head than I can, and 
if yon think it proper I shall direct him to order a sur- 
vey to be made for you without delay. As I know the 
regard which Sir Jeffery has for you it will give me 
pleasure to serve you, and to convince you that I am 
with great regard Sir 



To His Excellency Sir Jeffery Amherst. 

Spring Hill Aug. 28 th 1763. 
Dear Sir, 

I am extremely obliged to you for your kind Letter 
with the Account of the defeat of the Indians. This is 
an earnest of the success of your plan for subduing 
the fierce cruel spirit of the Savages whereby the se- 
curity of the Colonies will be established in futurity. 
I not only share in the joy which all his Majesty's sub- 
jects receive on this occasion, but I have a more pecu- 
liar pleasure in seeing those abilities made still more 
conspicuous which I have long admired. I am in great 
expectation of a more effectual blow & that you will 
soon have an opportunity of redoubling the pleasure of 
Your most affectionate & c 



TITE COLDEN PAPERS. 227 



To tiie Mayor or Recorder of the City of New 

York. 

Spring Hill, Aug 31* 1763. 
Sir, 

The General sent the bearer of this with the inclosed 
Letter to me. As it is something Extraordinary that 
these Indians were found in Orange County near Tap- 
pan, and it cannot be conceived what should carry them 
into that part of the Country, the General thinks it 
proper as I do, that they be confined somewhere till 
they can be examined by proper Interpreters, or 'till it 
can be discovered who they are <fc wliat has brought 
them into this part of the Country. 

Please to send for such Persons in the City as under- 
stand the Indian Languages that you may learn from 
the Squaws what has brought them into this part of 
the Country, and in the meantime to order them to be 
confined in the Jail or Workhouse till further orders. 
Please likewise to advise with the Gentlemen of the 
Council in Town on what may be proper to be done. 
After you have learned what you can, I think it proper 
that you or one of the Gentlemen of the Council write to 
Sir Will™ Johnson informing him of what you can learn, 
& to desire him to enquire of the Mohawks what they 
mav know of this Indian. 

f must desire you likewise to inform me of what 
you shall have done in this affair. I am &° 



To Sir Jeff. Amherst. 

Spring Hill Sept r 1 st , 1763 
Sir 

I have your favour of yesterday & have given direc- 
tions to the Mayor to have the two Indian Women 
secured either in the Jail or Workhouse & to endeav 



228 THE COLDBN PAPERS. 

our to find some Person who understands their Lan- 
guage that they may be examined. 

I expect the Mayor or in his absence the Recorder 
will have regard to whatever you shall think proper in 
this case, & perhaps you may more easily find an In- 
terpreter than any other can. I am with great respect. 



To Sir Jeffery Amherst. 

Spring Hill Sept r 4 th 1763. 
Sir 

Capt" Hogan by his Letter to me of the 27th of last 
Month writes that as the detachment of his company 
at Detroit will soon want necessaries, he desires to 
know whether they will be continued there for the 
ensuing Winter that necessaries may be provided for 
them. As the Season is advancing & the distance 
great I have desired M r Banyar to wait on your Ex- 
cellency to know your pleasure that if they are to con- 
tinue he may apply to the Provincial Commissaries to 
have them supplied without delay. I am with greatest 
respect Sir. 



To Capt n Anthony Wheelock Commissary of Pris- 
oners. 

Spring Hill Sept' th 1763. 
Sir, 

I have your favour of the 2nd with the Certificates 
inclosed which 1 now enclose with this. Since the 
Persons mentioned in yours are libelled in the Court 
of Admiralty and not discharged, I cannot regularly 
order them to be delivered to you, but I am of opinion 
that on sight of the inclosed Certificates the Judge of 
Admiralty will discharge them, in which case I desire 
you may receive them from the Sheriff to be trans- 



THE GOLDEN PAPERS. 229 

ported to their own Country. I am with much regard 
Sir 

I have no objection to the Accadians going anywhere 
except to Nova Scotia where they may give disturb- 
ance. 



To John Cruger, Beverly Robinson and Peter Van 
Burgh Livingston Esq B8 Commissaries & Pay Mas- 
ters to the Forces raised in the Colony of New 
York. 

Spring Hill Sept r 7 th 1763. 

6ENTLE3IEN 

I directed M r Banyar to communicate to you the 
difficulties Major Hogan informs me the Men in the 
Pav of this Province are under for want of necessaries. 
The General writes to me that if they receive their pay 
to the first of this Month they may with that Money 
procure necessaries where they are more easily than they 
can be sent. No doubt you will be loth that the Men 
in their present situation in the Service of their countiy 
should meet with discouragement and therefore you 
will take care to have them paid to the first of this 
Montlx. I suspect that your making the return of a 
Muster Roll pursuant to the Act of Assembly pre- 
viously necessary has created perhaps difficulties in the 
Men's receiving their Pay. While they are divided into 
several Detachments, in several parts of the Country, 
some of them at Detroit, it seems impracticable to 
make a Muster Roll on Oath. By Capt n Hogans 
Monthly return to me they consist of 173 Men includ- 
ing 17 sick & 2 in Prison. The Season of the year is 
so far advanced & the distance so great I am desirous 
that no delay be made in this Affair. I am with great 
regard Your &c. 



230 TUE COLDEN PAPERS. 



To the Right Hon 81 ^ the Earl of Egremont <feo 

New York, Sept r 14 th 1763. 
My Lord 

I have the Honour of your Lordships Commands of 
the 9th of July signifying his Majesty's pleasure for 
suppressing the pernicious illegall trade carried on in 
America. Nothing in my power shall be neglected in 
the performance ot so necessary a Duty. I cannot im- 
magme any method for suppressing the pernicious Trade 
with Holland which can be more effectual than this now 
taken by his Majesty's Ships of War. If a few Men 
be put on board every suspected Vessell on the Coast 
or that comes from any foreign Port to prevent her 
breaking bulk till she comes to the proper Port for un- 
lading and so attend the unlading this alone in my 
humble opinion would in a great measure if not wholly 
suppress the illegal Trade. My Lord, as your Lordship 
is pleased to direct me to impart to you such farther 
hints as may occur to me as proper for this subject of 
his Majesty's Rights and Revenues I presume to inform 
you of another matter which greatly affects his Majesty's 
Revenue of his Quit Rents. In his Majesty's Instruc- 
tions to his Governors of this Province it is set forth 
that his Majesty has been informed of exorbitant 
Grants of vast Tracts of Land in this Province under 
triffling Quit rents particularly in the Couutys of 
Orange and Ulster without any obligations on the 
Grantees to cultivate and improve. His Majesty di- 
rects & requires his Governor to put in practice all 
legal Methods for breaking and annulling all such ex- 
orbitant irregular and unconditional Grants & to re- 
port whatever may be thought further necessary or 
conducive for affecting the same. No Prosecution of 
this kind can be carried on without considerable Ex- 
pence, & the Governor has no fund either from the 
King or from the Assembly for this or any other Con- 
tingent service. This aloue has disabled the Governor 



THE COLDEN PAPERS. 231 

& the Attorney General in attempting such Prosecu- 
tions. 

We have a Set of Lawyers in this Province as In- 
solent, Petulant and at the same time as well skilled 
in all the ehicanerie of the Law as perhaps is to be 
found anywhere else. This requires Judges of ability 
& skill in the Law to restrain them who are not easily 
to be found in this Place & at the same time disinter- 
ested for the distinguished Families in so small a 
Country are so united by intermarriages <fc otherwise 
that in few cases a cause of any Consequence, especially 
where the Kings Rights are concernM, can be brought 
before a Judge who is one of these families in which he 
can be supposed entirely disinterested cfe free from con- 
nections with those interested either in the Case or in 
other cases similar to it. •' A veiy remarkable Case 
which the Kings Interest is greatly affected by, in 

Eroofe lately happen'd which I intend to lay before the 
ords of Trade & Plantations as soon as I cart procure 
the proper materials. This case relates to the Lands 
mentioned in the* above Instruction. 

Your Lordship can hardly conceive how weak the 
hands of Government are in this Province, and how 
much Governors are disabled in securing the Kings 
Rights, & in putting the Laws of Trade in Execution. 
This may deserve the attention of his Majesty's Minis- 
ters. In my humble opinion no means in these cases 
can be effectual "without at least a disinterested Cheif 
Justice of sufficient ability & resolution and an able 
Attorney General to advise the Governor and to cany 
on suits at Law, both of them properly supported 
together with a sufficient Fund for the unavoidable 
Expense of Prosecuting effectually wherever the Kings 
Rights or authority is invaded. His Majesty's Quit 
Rents in this Province are sufficient for these Purposes. 
I confide in your Lordships protection while I do my 
Duty, and am with the greatest Submission My Lord 



232 THE COLDEN PAPERS. 



To the Right Hon blk the Lords Commissioners fob 

Trade and Plantations. 

New York Sept r 26 th 1763. 
My Lords, 

Since General Monckton left this Government I have 
seen the copy of a representation made to him by five 
Gentlemen of the Council relatein" to the Boundaries of 
this his Majesty's Province, which in my humble opinioh 
were it to take effect as proposed would be injurious to 
his Majesties rights <fc Revenue : and therefore as the 
affairs of the Colonies may probably at this time come 
under the consideration of his Majesty's Ministers & 
this representation may be laid before them I think it 
my Duty to make remarks upon it without delay, and 
to shew the mistakes that these Gentlemen have fallen 
into. 

Had I been apprised of it before it was made, I pre- 
sume I should have been able to have prevented the 
Mistakes. I have been 40 years at the Council board, 
<fc in that time have been more conversant in the Publick 
affairs of this Government, than any Man now living 
in this Province. These Gentlemen all of them except 
M r Horsmanden have had seats only a few years at the 
Council Board, & it is impossible they can be fully in- 
formed without the assistance of others. They have 
neglected likewise to inspect the Minutes of Council 
when the same matter had formerly been under the con- 
sideration of the Council who after long and mature 
deliberation <fc after consulting the Principal officers of 
Government and every other Person who they thought 
could inform them came to Resolutions very different 
from the sentiments of these Gentlemen, as will appear 
in the Minutes of Council of the 18 th of October 1751 
& more fully & clearly in the Minutes of the 2nd of 
March 1753. I had likewise the honour of writeing to 
your Lordships Predecessors in office on the same sub- 
ject the 28th of February 1761. 



THE COLDEN PAPERS. 233 

The Motives to the Representation are certainly just, 
viz : The preventing Tumults <fe Disorders on the Bor- 
ders and I join heartily in Opiuion with them that it 
is gi'eatly for his Majesty's Interest, & for the benefit 
of this and the neighboring Colonies that an end be put 
as soon as possible to these disputes ; but at the same 
time I hope to shew by what follows that this may be 
done without giving up his Majestys Rights or encour- 
aging Intrusions which have been made, or hereafter 
may be made on the Kings Lands and without in the 
least distressing his subjects who have settled on these 
Lands and cultivated them. 

That I may not too much trespass on your Lordships 

Satience I shall pass over several mistakes in the 
Representation that I may come to the principal Error 
on which the whole is founded with respect to the 
Massachusetts Bay. It is this. 

These Gentlemen as they say "have been inform'd 
u that in the year 16C>4 Commissioners were appointed 
" by King Charles the Second to settle the Boundaries 
" between this <fc the adjacent Colonies who determined 
" that a Line parallel to and at 20 miles distance from 
11 Hudsons River on the East side thereof should divide 
" the two Provinces of New York and Massachusetts 
" Bay from each other, to which the Legislature of the 
" latter agreed as appears by the Record of this Trail** 
" action at the Plantation office. Yet this Settlement 
" was never carried into effect ; has been rejected or 
u not insisted on by the Province of Massachusets Bay, 
u is not mentioned in any of the Public Records or 
"Papers here; nor was introduced in the debates on this 
" subject at the Congress or Meeting of Commissioners 
"from both Provinces at Albany in the year 1754, 
44 and till very lately hath been utterly unknown to us." 
In consequence of this new discovery they conclude 
that a Line at 20 Miles distant from Hudsons River 
would be an equitable boundary not only between 
New York <fc Massachusets Bay but likewise between 
New York and New Hampshire. 



234 THE COLDEN PAPERS. 

There is great reason to doubt of some mistake in 
the information that the whole of that settlement of 
Boundary mentioned in it related to Connecticut only, 4, 
& not to the Massachusetts Bay, for as to Connec- 
ticut it appears in the Records of New York, but in 
no shape as to Massachusets Bay. If this information 
be true it is unaccountably odd that in so long a time 
the People of Massachusets should at no time avail 
themselves of it unless it be supposed that they are 
convinced of its being now of no Force. 

If the equity be considered by which the settlement 
of Boundary with Connecticut was made it will appear 
that the Equity did in no manner Extend to Massachu- 
sets Bay. 

Before the Duke of York received his Grant and 
while the Dutch were in possession of New York, the 
people of Connecticut had their principal Towns and 
Settlements on the West side of Connecticut River, 
and had even extended their settlements on the Sea 
Coast within ten miles of Hudson's River, but the 
Massachusetts Bay (as I am inform' d and believe) had 
at that time made no settlements so far West as Connec- 
ticut River. It was in consideration of these settle- 
ments by Connecticut that the boundary between New 
York and Connecticut was fixed at 20 Miles from 
Hudsons River, reserving however to Connecticut the 
Settlements actually made tho' within less than ten 
Miles of Hudsons River; for which they were to allow 
an Equivalent in the inland parts, where they had no 
Settlements. By this Equivalent the distance between 
Hudsons River & Connecticut in the upper part is 
above 22 Miles. The not considering the want of 
Equity in the Massachusets Bay which Connecticut 
evidently has, produced an essential error in the Judg- 
ment which the Gentlemen formed of this matter. 

About the year 1675 (if I mistake not the year) the 
Charter of the Massachusetts • Bay was by Decree in 
Chancery declared null and void. This Decree was 
never reversed, and remains in force at this time. 



THE COLDER PAPERS. 235 

Thereby the Duke's title to the Lands on the West 
aide of Connecticut River & to the Northward of the 
Colony of Connecticut became indisputable, and this 
Decree put an end to all Settlements of boundary with 
Massachusetts Bay if any such there were. While the 
Duke was thus seized of his Province of New York as 
far as Connecticut River, he succeeded to the Crown of 
England, and thereby his Province of New York be- 
came part of the Crown Lands <fc have ever since pass'd 
with the Crown. 

After the Revolution the Colony of Massachusets 
Bay obtained a New Charter from King William by 
which that Colony is to extend as far West as Connec- 
ticut. As it nowhere appears that the King had any 
intention to Grant any part of his Province of New 
York to the Colony of Massachusetts Bay, the word 
Connecticut must mean the River Connecticut: & if 
the People of Massachusets Bay had made no Settle- 
ments on the West side of Connecticut River at that 
time as I am confident they had not their Charter can 
receive no other construction either in Law or Equity 
than that the Colony of Massachusets Bay extends as 
far Westward as the River Connecticut <fe no farther. 
By inspecting any General Map of the Northern Col- 
onies it appears that the Colony of Massachusetts Bay 
cannot be bounded to the Westward by the Colony of 
Connecticut. 

In my humble opinion no reason of any weight can 
be given why the King should not affirm his Right to 
the lands on the West side of Connecticut River unless 
it be that many families who have unwisely settled on 
the West side of Connecticut River would thereby be 
ruin'd. But if the King shall think fit to confirm 
their possessions to them on their paying the Quit rent 
established in his Province of New York they cannot 
in any shape be distress'd, or have any just reason of 
Complaint. 

As the Province of New Hampshire is bounded to 
the Westward by the Eastern Boundary of his Ma- 



236 THE COLDEN PAPERS. 

jesty's other Governments the Governor of New 
Hampshire can have no pretence for extending his 
claim on the West side of Connecticut River which is 
the boundary eastward there of the Province of New 
York, especially after repeated remonstrances had 
been made to him by the Government of New York on 
this head. Notwithstanding of this the Governor of 
New Hampshire continues to grant Lands far to the 
westward of Connecticut River to numbers of people 
who make a job of them by selling shares in the Neigh- 
bouring Colonies, and have even attempted it in tne 
City of New York, perhaps with success. The Quit 
rents in New Hampshire as I am informed are much 
lower than in New York, & this is made use of as an 
inducement to purchase under New Hampshire, rather 
than to settle under New York Grants. 

The most surprising part of the Representation of 
these five Gentlemen is, that they should propose only 
a saving of those Grants in New York which extend 
above 20 miles from Hudson's River <fc were made be- 
fore the Second Charter to Massachusets Bay when it 
is very clear that the second Charter cannot extend 
beyond Connecticut River, <fc it is not so that* the first 
did not. 

In the last place my Lords I cannot conceive on 
what Principles of Justice, Policy or Publick Utility 
these Gentlemen advise the settling the boundary be- 
tween his Majestj^'s Province of New York and the 
Colonies of Massachusets Bay and New Hampshire at 
20 Miles East from Hudson's River. 

If all the Lands in the Province of New York from 
20 Miles of Hudson's River to Connecticut River were 
given up the Crown would be deprived of a Quit Rent 
amounting yearly to a large sum, in my opinion greater 
than the amount of the Quit Rent of the whole that 
would remain and is at present received. 

The New England Governments are all formed on 
Republican Principles & those Principles are zealously 
inculcated on the Minds of their Youths in opposition 



THE COLDEN PAPERS. 237 

to the principles of the Constitution of Great Britain. 
The Government of New York on the contrary is es- 
tablished as nearly as may be after the modell of the 
English Constitution. Can it then be good Policy to 
diminish the extent of Jurisdiction in his Majesty's 
Province of New York, to extend the power and influ- 
ence of the others ? 

The Commerce of the Inhabitants on the East side 
of Hudson's River to a great extent Eastward probably 
as far as Connecticut River is with the Towns on Hud- 
son's River, it must then be extreamly inconvenient to 
them to be under different Laws, different Jurisdictions 
& different currencies of Money. 

I have no objection to the observations these Gentle- 
men have made as to the boundary of this Province to 
the Westward : <fc I join heartily with them in recom- 
mending a proper fund to be established for recovering 
his Majesty's Rights from all Intruders. It appears 
by the Kings Instructions to his Governors of this 
Province that his Majesty has been informed of great 
intrusions on his rights by private persons : ana the 
Gov r is directed to take all legal means for the recover- 
ing of the Kings Rights. But this cannot be done 
without great Expense at Law for which there is the 
greater reason that Provision be made, because no 
officer can do his Duty, without incurring the resent- 
ment of Rich & powerfull Families in this Province. 
I am with great Submission My Lords Your most obe- 
dient & faithfull Servant C. C. 



238 THE COLDEN PAPEBS. 



Representation to his Excellency Governor 

MoNCKTON FROM THE COUNCIL OF NEW YORK RE- 

spkcting the Contested Limits of that Province 
and the Claim to two large Tracts of Land 
made by John Henry Lydius. 

May it please Your Excellency 

Your Excellency having been pleased to inform tbe 
Council of your intentions to embark for Great 
Britain, & having also intimated your desire that they 
should suggest such matters relative to the Interest of 
the Province as require the immeadiate attention of his 
Majesty's Ministers in order that during your stay in 
England, you might represent them to his Majesty in 
Council or take such other measures as you should 
judge necessary thereupon. 

We beg leave as essential to the quiet of his Ma- 
jesty's subjects and the prosperity of the Province, to 
mention the absolute necessity there is of a speedy 
determination of the limits between this<fc the Colonies 
bordering upon it with whom there is any dispute on 
this Subject — Hence frequent Tumults and the strong- 
est Animositys have arisen among the borderers, 
whereby the Publick Peace hath been disturb'd, the 
Cultivation of the Soil neglected, and the Interest of 
his Majesty in Point of his Revenue of Quit rents 
greatly affected — Evils only to be remedied by the In- 
terposition of the Crown by the Royal Commission, or 
otherwise for the final Settlement <fc Adjustment of the 
Limits of the Colonies. 

The Boundaries assigned to the Province of New 
York under the English Government are by the grant 
from King Charles the Second to his Brother James 
Duke of York which is dated the 12th March 166f 
expressed in these words: 

44 All that Island or Islands commonly called by the 
44 several name or names of Matovvacks or Long Island 
44 situate lying and being towards the west of Cape Cod 



THE COLDEN PAPERS. 239 

" and the Narrow Higgansetts, abutting upon the Main 
u Land between the two Rivers there called or known 
"by the several names of Connecticut & Hudsons 
"River, together also with the said River called Hud- 
" son's River and all the lands from the West side of 
" Connecticut River to the East side of Delawar Bay." 

This description by a liberal Construction is sup- 
posed to contain and include on the Continent all the 
Country lying between the ftivers Connecticut & Dela- 
war and extending Northwardly <fc Westwardly to the 
Heads of Hudsons River which countiy is shewn by 
the red line in the Map presented herewith. 

As far back as the Reign of James the Second in the 
Royal Commissions to the Governors of this Province, 
these words have been inserted in addition to its de- 
scription in the before recited Graut " Territories 
thereon depending" which have been allways under- 
stood to extend the Jurisdiction of the Province West- 
ward as far as the Banks of Lake Ontario and Lake 
Erie, and which is comprehended within the yellow line 
on the same Map. 

The Colonies bordering on this Province are Connec- 
ticut, Massachusetts Bay <fe New Hampshire on the 
East, and New Jersey and Pennsylvania on the West. 

In consequence of an agreement made between New 
York and Connecticut in 1683, afterwards confirmed 
by King William in Council 28 th March 1700, the 
boundary Line of these two Colonies was run and 
marked in a straight Line between two Points at the 
distance of 20 Miles from and on the East side of Hud- 
son's River — The ouly Limit of this Colony not Con- 
tested. 

For altho' we have been inform'd that in the year 
1664 Commissioners were appointed by King Charles 
the Second to settle the boundaries between this and 
the adjacent Colonies, who determined that a Line 
parallel to & at 20 Miles distance from Hudsons River 
on the East side thereof should divide the two Prov- 
inces of New York and Massachusetts Bay from each 



240 TILE COLDEN PAPERS. 

other to which the legislature of the latter agreed a9 
appears by the record of this Transaction at the Planta- 
tion Office : Yet this settlement was never carried into 
effect; has been rejected or not insisted on by the 
Province of Massachusetts Bay, is not mentioned in any 
of the Publick Records or Papers here, nor was intro- 
duced in the Debates on this subject at the Congress or 
meeting of Commissioners from both Provinces at 
Albany in the year 1754, and till very lately hath been 
utterly unknown to us. 

But in conformity to this settlement as we believe 
the Right Hon b,c the Lords Commissioners for Trade & 
Plantations did by their Report to his late Majesty in 
Council on the 29 th March 1757 declare it as tneir 
opinion: "That a streight line to be drawn north- 
wardly from that Point where the boundary Line be- 
tw r een New York and Connecticut ends at twenty 
Miles distant from 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 
Massachusetts Bay will be a just and equitable line of 
Division ) jet ween the said Provinces of New York and 
Massachusetts Bay," tho' their Lordships did after? 
wards by a Second Report or opinion on the 10 th of 
May following Declare that a Streight Line to be 
drawn Northerly from a point on the South Boundary 
Line of Massachusetts Bay twenty Miles distant due 
East from the said River on that line which divides 
the Provinces of New Hampshire and Massachusetts 
Bay will be a just and Equitable Line of Division be- 
tween the two Governments. With respect to which 
last mentioned line we beg leave to observe that if the 
same should be established it would not leave this 
Province the breadth of twenty Miles on the East side 
of Hudson's River, as is manifestly the intention of the 
first rej)ort, for as the course of the river in that part 
is nearly 20 Degrees Eastward of North a due East 
line is not perpendicular to the River, and consequently 
twenty Miles measured on a course due East will com- 



THE COLDEN PAPERS. 241 

prehend only a breadth of eighteen Miles & three 
quarters. 

Upon the whole, if this Settlement by Commission- 
ers in 16f>4 is looked upon as binding upon the part of 
the Crown, it seems reasonable that the Line should be 
run accordingly, that is, agreeable to the sense of their 
Lordships said Report of the 29th of March 1757, 
which extends this Province twenty miles Eastward of 
Hudsons River : But with a saving of the property of 
such of his Majestys subjects of this Province who 
claim under Grants which extend Eastward beyond the 
distance of twenty miles from Hudson's River, and 
which are prior in date to the Second Charter of 
Massachusets Bay, granted after their first charter was 
annulled by Decree in Chancery. 

In regard to New Hampshire We do not know that 
the Limits of New r York have received any alteration 
since the Grant before recited to James Dnke of York 
which has fixed the Eastern boundary to Connecticut 
River, the Government of New Hampshire regardless 
of this and of his Majesty's Commission to his Gov- 
ernors of that Province by which it is expressly de- 
clared that the said Province of New Hampshire is to 
extend Westward untill it meets with his Majesty's 
other Governments, have advanced their Claim & made 
Grants within twenty Miles of Hudson's River or less. 

The Jurisdiction as well as the property of the soil 
yet unappropriated in both Governments appertain to 
his Majesty: it depends on the Crown by its own Au- 
thority to fix and ascertain the Limits between them. 

We are humbly of opinion that it will not be incon- 
venient to either Province if His Majesty should be 
pleased to order that the same Line which shall be es- 
tablished as the division between this and the Province 
of Massachusets Bay be continued on the same course 
as far as the most northerly Extent of either Province 
with a saving to the Inhabitants of New York of such 
Lands as are held by Grants under the Great Seal of 
that Province Eastward of Hudson's River beyond the 
16 



242 THE COLDEN PAPERS. 

distance of twenty Miles : It appearing to us that 
such Grants made in a part of the Province of New 
York where there could be no doubt of its Extent 
Eastward to Connecticut River ought to be confirmed 
in preference to those of New Hampshire where 
they interfere with each other, as the Province New 
Hampshire is confined in its extent Westward to the 
Eastern boundary of his Majesty's other Governments. 
And untill his Majesty shall be graciously pleased to 
determine the Partition Line between these his two 
Provinces, it will tend to the preservation of Peace 
among the borderers, if the Government of New Hamp- 
shire should be confined in the Grants of Land hereafter 
to be made in that Province to a certain Extent West- 
ward, we humbly conceive not beyond Connecticut 
River. 

On the West side of the Province, the Line most im- 
meadiately requireing the attention of the Government 
is that between New York and the Province of New 
Jersey, the Lands contested lying in the neighbourhood 
of a well settled Country. Laws have been lately 

Eassed in both Provinces for the Settlement of this 
ine in such Method as his Majesty shall be pleased to 
appoint, for rendering such settlement conclusive as to 
private property, and for defraying the Expenses 
thereof : It now only remains to obtain the Royal As- 
sent to these Laws, and to sue out his Majesty's Com- 
mission, appointing Commissioners with the necessary 
Powers for this purpose. 

Untill a few years agoe it was not apprehended 
any Dispute would arise between this Government and 
the Province of Pensilvania as to the Northern Bound- 
ary of that Province. But by a Letter (No. 1.) of the , 
13 th of September 1751 from Governor Hamilton to the 
late Governor Clinton the Proprietaries seem to claim 
the full extent of three Degrees of Latitude which M r 
Hamilton intimates will extend the Northern Boundary 
of Pensilvania not far short of the Latitude of Albany. 
That this claim is ill supported we think will appear 



THE COLDEN PAPERS. 243 

from the Grant to William Perm, Esq, from King 
Charles the Second dated the 4th March in the 33 rd 
year of his Reign wherein that Province is described 
in these words : 

" All that Tract or Part of Land in America with 
all the Islands therein contained, as the same is bounded 
on the East by Delawar River from twelve Miles 
distance northward of New Castle Town unto the three 
and fortieth Degree of Northern Latitude, if the said 
River doth extend so far Northwards. But if the said 
River shall not extend so far northward then by the said 
River so far as it doth extend and from the head of the 
said River the Eastern bounds are to be determined by 
a Meridian Line to be drawn from the head of the said 
River unto the said three and fortieth Degree, the said 
land to extend Westward five Degrees in Longitude to 
be computed from the said Eastern Bounds. And the 
said Lands to be bounded on the North by the begin- 
ning of the three and fortieth Degree of Northern 
Latitude, and on the South by a circle drawn at twelve 
Miles distance from New Castle northwards and west- 
wards unto the beginning of the three & fortieth Degree 
of Northern Latitude and then by a streight line ^V est- 
wards to the Limits of Longitude above mentioned." 

Hence it is evident that that Province is confined 
in Express Terms to the Beginning of the three 
& fortieth Degree of Northern Latitude. And tho 1 by 
any Contest of Limits or any uncertainty with respect 
to the Southern Boundary, Pensilvania when extended 
to the beginning of the 43 rd Degree may not compre- 
hend or include three Degrees of Latitude, it does not 
follow that the boundary should be extended farther 
northward than it is expressly Limited to. Nor ought 
any Explanation of what was intended at the time of 
the Grant by the Beginning of the 43 rd Degree to be 
admitted at this Day, from the manifest inconveniencies 
that must now attend such explanation if allowed of, 
when considerable Tracts of Land have been granted 
and are now possessed by Individuals as lying in this 



244 THE COLDEN PAPERS. 

Province which in that case might fall within the Pro- 
prietary Government of Pensilvania. 

If the Proprietaries persist in the claim of three 
degrees of northern Latitude it will be necessary that 
this disputed Limit be put into the same Method of 
Decision as is before pointed out with respect to the 
boundary Line between New York and New Jersey. 
Otherwise a Commission need only issue for fixing the 
Latitude and running the Line. 

Having suggested whatever occurs to us on the sub- 
ject of the Limits of the Province, we cannot omit a 
few remarks on the claim to two very large Tracts of 
Land in this Province set up by John Henry Lydius 
which he grounds on an Indian Deed dated in 1732, 
signed by three or more of the Indians belonging to 
the six Nations. And a Grant from Genl. Shirley as 
Governor of the Province of Massachusetts Bay dated 
as is supposed in 1744, reciting the said Indian Pur- 
chase, and also reciting an order from his Majesty to 
M r Shirley to enquire into the validity of the said In- 
dian Purchase, and if found to have been made bona 
fide in that case directing M r Shirley to grant the 
Lands included therein to the said John Henry Lydius. 

As to the Indian Deed we must observe that the 
Indians of the six Nations at the time of this Transac- 
tion and for many years before, laid no claim to the 
Lands in question nor do at this day to the Lands bor- 
dering on or adjoining to those claimed by M r Lydius: 
nor was this Purchase made by Lycense from the Gov- 
ernor agreeable to the invariable Custom of the Gov- 
ernment in all cases where the Lands are claimed by 
the Indians. 

As to the Grant, the Lands described therein are 
without the limits of Massachusetts Bay, and if they 
were included within that Province ought by the 
charter to have been Granted by the General Court, 
nor could M r Lydius as he declared produce nor did he 
know anything of the order in virtue of which M r 
Shirley is said to have made this Grant. All he in- 



THE COLDEN PAPERS. 245 

sisted on was that the Lands lay without the Limits of 
the Province of New York. 

The Government conceiving his claim groundless and 
finding he persisted therein : that he had by his own 
confession surveyed and granted Leases of part of the 
Premises to above 700 Persons, who if once seated 
would support themselves by force which might in the 
event occasion bloodshed, and looking upon these pro- 
ceedings in defiance of the authority of Government as 
dangerous to the community, therefore Ordered an In- 
formation to be filed against the said John Henry 
Lydius and he is under Prosecution accordingly. But 
as there is no fund for defraying any expense of this 
nature and the interests of the Crown both with respect 
to the property of the soil cfe its Revenue of Quit Rents 
may by this and other claims be materially affected, 
We are humbly of opinion it would be for his Majesty's 
Service, should he permit his Governor with the advice 
of the Council to draw out of the fund of the Quit 
Rents, such sums as shall from time to time be found 
necessary to carry on with vigor and effect, as well the 
Prosecution already commenced against the said John 
Henry Lydius, as all other Prosecutions which shall 
hereafter be commenced by order of the Governor in 
Council against any Intruder on the Crown Lands 
within this Province. 

These observations and remarks which we only offer 
as hints for your information, We submit to your Ex- 
cellency confident that you will do therein whatever 
shall appear most for the benefit and Interest of the 
Colony. 

Dan Horsmanden 
Jno Watts 
W M Walton 
Oliver De Lancey 
Stirling 
New York 25 th June 1763. 



246 THE COLDEN PAPERS. 



To ins Excellency General Murray Governor of 

Quebec. 

New York Oct r 6 th 17G3. 
Sir, 

I take tliis opportunity by my Friend L l Turnbull 
who goes from hence to join your Excellency's Bat- 
talion to inform you that your Letters sometimes came 
under cover to me from the Secretary of States office, 
while General Monckton was in this Government, which 
I sent to the Head Quarters here as the surest method 
of Conveyance. Had there been any other method, I 
should have desired to know your Pleasure. It will 
give me much pleasure to receive your Commands in 
this or in any other matter wherein I can serve you. 

Allow me Sir, to recommend M r Turnbull to your 
favor. I have known him ever since he came to America 
in which time he has preserved the character of a Gen- 
tleman and a good officer. It may be in your power 
to promote him as you shall discover his Merit. I am 
with the greatest Kespect Sir Yr <fc c . 



To His Excellency Major General Monckton. 

» 

New York Oct r 7 th 17G3. 
Sir, 

Since you left this place I have seen the copy of a 
Representation to your Excellency by five Gentlemen 
of the Council in which I have observed several mis- 
takes which I think may be prejudicial to his Majesty's 
Interest at this time, when probably the affairs of the 
Colonies may come under consideration of his Ministers. 
I have therefore thought it my Duty to put the subject 
Matter of that Representation in a truer light, as I con- 
ceive it by a Letter which I write at this time to the 
Lords of Trade & Plantations, a Copy of which I en- 



THE C0LPEN PAPERS. 247 

close that you may be likewise informed, <fc that your 
Excellency may be more fully apprised of what may 
be proper to be don. 

It may not be improper to observe to your Excel- 
lency that it has been usual to send over a new Great 
Seal to this Province at the accession of a new King. 
It has been longer delayed at this time than usual & 
may be forgot. The Kings & Queens pictures have 
likewise been usually sent at the same time & some 
other things. 

You know Sir the state of the Fort that it is need- 
less for me to mention anything of it ; but allow me to 
{>ut you in mind of poor Christopher Blundell who has 
ost his pay by the disbanding of the Independent 
Companies. You know him to be an useful and care- 
ful Man. There is not any Person to take care of the 
stores ammunition or of anything else except himself 
& he continues to take care of them in hopes of being 
some how provided for. 

The Assembly meet the 8 th of next Month. I shall do 
myself the honor of writing to you of whatever I think 
you may be desirous to know. At present I have 
nothing to add but that I am with the greatest Respect 
Sir <fc c . 



To the Hon 8 " Sir William Johnson Bart. 

Spring Hill Oct. 8 th 1763. 
Sir 

I have your favor of the 20th of last Month by the In- 
dian Henderich Wainash who says that several people at 
Fishkill and Ponghkepsey owe nim for some peices of 
Land in several places. I told him that near 40 years 
since the Indians of Fishkill and Wappingers were heard 
by Governor Burnet on a like complaint at the House of 
M r Haskol near the place since called New Windsor, 
that then every thing was settled to the content of 
Nimham the Grand father of this Man & of the other 



248 THE COLDEN PAPERS. 

Indians to which this Man had nothing to reply, but 
owned that he was then a boy and present at the 
Meeting. 

I told him that I could do nothing without hearing 
the Parties concerned for the doing of which he said he 
could not stay, and therefore I advised them to lay be- 
fore you what they have to say upon that head & on 
your writing to me I would call the parties concerned 
before me if there appear any just reason to you for be- 
lieving there is any thing still due to these People, <fc 
shall if the Council agree to it summon the Persons in- 
debted to the Indians to appear before the Council. 

But I must desire you not to send the Indians to me 
without necessity, because it occasions an expense to 
me, for which I have no allowance. 

I gave directions to M r Banyar to make out the Com- 
mission for Mr. Johnson as you desired. Why he has 
not don it I know not. As to the Blank Commissions 
he told me it had all ways been refused by former Gov- 
ernors as there can be no necessity of doing it. As 
soon as you shall send me the Names the Commissions 
shall be made out. 

You may assure yourself that no man can be more 
desirous to comply with your desire than Sir Yr <fc c 

I have been told that Margery West says that one 
of the Indians now here carried her away Prisoner 
from near Minisink last War. 



To His Excellency Gov Franklin 

Fort George, Oct 18, 17G3. 

Sir, 

On my receiving a Letter from Sir Jeffery Amherst 
of the 15 th a copy of which is enclosed for your informa- 
tion, I came immediately to this place & gave orders to 
the several Colonels of Militia on the Western frontier 



THE COLDER PAPERS. 249 

of this Province to make the best disposition of the 
Militia under their several Commands for the defence 
of the frontier. Among other directions I ordered 
them to keep a mutual Correspondence for intelligence 
& to give assistance to each other as exigencies should 
require. I likewise directed the Colonels of that part 
of the Country adjoining to your Government to cor- 
respond with your officers & to give assistance when it 
should become requisite, informing them that I would 
desire similar orders from you to your officers with 
which I make no doubt you will cheerfully comply as 
it seems requisite for the more effectual defence of the 
Country against the inroads of the Savages. 

Sir Jeffery went yesterday to Albany by water 
where he told me he designs to stay only some hours 
and then return. He intends to make use of the Five 
Nations to suppress the Indians that make inroads on 
the frontiers tho 1 he seems diffident in trusting them. 

I intend now to remain in this Place that I may 
more speedily give directions on any emergency and I 
hope it will likewise facilitate the pleasure I propose 
to myself in a frequent correspondence with your 
Excellency. 

Please to make my compliments to your Lady. I shall 
be glad to know that she now enjoys her health per- 
fectly and that both she and you are well pleased with 
your present situation. I am very Sincerely Sir 



To Sir William Johnson. 

Fort George Oct r 24 th 1768. 
Dear Sir, 

I have your favour of the 1 3 th by the Post. Sir Jef- 
fery communicated to me yours of the 6 th to the same 
purpose, on which I immediately came to town with a 
resolution to remain here that I may give the necessary 
Orders. My directions to the several Colonels con- 



250 THE COLDER PAPERS. 

eludes with this General one to take every prudent 
measure in their power for defence of the Frontiers. 
I must desire you to continue to inform me from time 
to time of what Intelligence you receive & likewise 
to correspond with the Colonels on the frontiers as any 
exigency shall require. 

I cannot tell the reason why M r Johnson's Commis- 
sion has not been out before now, I shall send it with 
this & three blank commissions which the present ex- 
igency makes proper to be don, but I expected more 
particular information as to manner of forming the 
Troop nor can it otherwise be don. Be assured Sir 
that nothing gives me more pleasure than doing what 
is agreeable to you. 

Sir Jeffery's going to Albany may perhaps produce 
some change of measures, it will give me great pleasure 
to know that your meeting has given you pleasure. 

By a vessell which came in Saturday night from 
Bristol we leam that the Earl of Egremont becretary 
of State dyed on the 22nd of August of an apoplectic 
fit I am with the greatest Esteem and Sincerity Sir. 

When you fill up the inclosed Commissions return 
the names, office & Date to be entered in the Secre- 
taries office. 



To his Excellency Sir Jeffery Amherst. 

Fort George Nov. 3 d 1763. 
Sir 

Yesterday I communicated your Excellency's letter 
of the 30 th of last month to the Council. They advised 
me to send a copy of it to the Assembly at their next 
meeting <fe to inf orce their compliance with it, in which 
I hope I shall succeed. In conversations which I have 
had on this subject I find it generally expected that 
the New England Governments should assist. 

Some parts of the Counties of Orange <fc Ulster have 



THE COLDEN PAPERS. 251 

been as I am informed invaded by parties of Indians 
some Killed & several drove from their habitations. I 
told you Sir that I proposed sending some of the first 
raised companies to guard the frontiers of those Coun- 
ties. Please to inform me whether you will allow pro- 
visions arms and ammunition while they are guarding 
the frontiers <fc Billeting money to the others as usual 
from the time of their enlisting 'till they shall march 
by your orders. I am with the greatest Sincerity <fe 
respect. 



To the Eight Hon 1 ** 15 Rear Adjiiral Lord Colvil 

at Halifax. 

Fort George New York Nov. 12 th 1763. 
My Lord 

I have yours with Letters inclosed to Capt n Kennedy, 
Capt n Hawker & Capt n Brown which I delivered into 
their own hands. The Squirel is not arrived nor can I 
learn where she is. It will give me great pleasure to 
receive your Lordships commands in anything wherein 
I can serve you, for I truely am with the greatest 
respect My Lord Your &°. 



To W M Nichol Esq Speaker of the General As- 
sembly. 

Fort George, November 14 th 1763. 
Sir 

I am under some doubt whether the General Assem- 
bly by their Resolves of the 10 th Communicated to me, 
intend them only as an encouragement to 200 Men of 
the Militia of Ulster <fc Orange to perform the Duty 
of Guarding the Frontiers, or that a distinct body of 
Men should be inlisted for that service. On consulting 
the Members for these two Countys they were of 



252 THE COLDEN PAPERS. 

opinion that in the former case the Militia being under 
at least three distinct commands the service could not 
be effectually performed. In case a distinct body of 
Men be inlisted for this service they must have one 
Commanding officer over the whole, <fe I am of opinion 
that six shillings a Day out of which he is to find him- 
self is too small an allowance for any Man fit to be en- 
trusted with such a Command. It appears to me ab- 
solutely necessary that an allowance should be made 
for a Major or that the pay of one of the Captains 
should be enlarged who may be appointed a Captain 
Commandant of the whole, whose business it will be 
to visit the Posts from time to time <fc to see that the 
Men are properly kept out and do their Duty — to com- 
municate orders to them & to make the proper returns 
& Muster Rolls <fe many other services which w r ill be 
neglected unless such an officer is appointed. I shall 
be glad to know the sentiments of the House this Even- 
ing as I am informed that both the sloops for New 
Windsor and Esopus will sail tomorrow. I have this 
Day Received a Letter from Sir William Johnson, <fc 
' I think it proper to communicate an Extract from 
it to the House. I am &.° 



To Col. Benj* Tusten of Orange County. 

Fort George Nov r 15 th 1763. 
Sir 

The General Assembly having Resolved to make 
Provision for Paying 200 Men to be raised for the 
Defence of the Frontiers of Ulster <fc Orange County 
to be continued till the first of May, I herewith send 
you Blank Warrants for a Capt n <fc two Lieutenants 
which you are to give to the most proper Persons that 
you can find willing to enter into this service, that they 
may immediately set about inlisting the Men. I make 
no doubt that you <fe all the officers civil <fc military 



TIIE C0LDEN PAPERS. 258 

will chearfully do everything in your Power to assist 
the officers in raising the Men. As soon as they are 
raised the Capt n commandant shall have Orders for 
Placing them at the Several Posts. You will take the 
first opportunity of transmitting me the Names of the 
Persons to whom you shall give the Warrants &> their 
Place of abode. I am <fcc. 



To Col. Th 8 Ellison of the 2 nd Reg t Ulster 

County. 

Nov. 15 th 1703. 

The same as above except the following Paragraph, 
viz. : 

I herewith send you Blanck Warrants for a Capt n & 
four Lieutenants. The Captains Warrant you must 
first offer to Capt" James Clinton as he is the fittest 
person I can think of to be appointed Capt n Command- 
ant of the whole. In case he will not accept you must 
then give the Warrant to the fittest person you can find 
willing to accept. The Lieutenants Warrants you are 
to dispose of in your Regiment or in Dutchess County, 
according as you find Encouragement to expect the 
Men will be raised. I advise you to get as many Men 
from Dutchess as possible as thereby you will strengthen 
your own frontiers. I send Col. Hardenbergh, 2 Capt 1 " 
cfe 2 L te Wart 8 for the same use. 



254 THE COLDEN PAPERS. 



To Col. Jo 8 Hardenbergh of the 1 8T Reg t Ulster 

County. 

Nov. 15, 1763. 

T/te same as to Col. Ellison (j- Tusten except tlie fol- 
lowing Paragraph, viz. : 

I herewith send you blanck Warrants for 2 Capt n & 
2 Lieutenants one of the Capt n Warrants you will offer 
to Capt. Van Bewren, who formerly commanded a Com- 
pany in the same Service & I am told behaved well : 
if he does not accept you must give the Warrant to the 
fittest person you can find willing to accept; takeing 
care to avoid such as have not behaved well on the 
like former occasions — The other Capt ns Warrant <fcc 
as to Col. Ellison. 



To the Lords Commissioners for Trade & Plan- 
tations. 

New York, Nov r 25 th 17G3. 
My Lords 

At the desire of M r Kemp his Majesty's Attorney 
General for this Province, I transmit the enclosed 
Papers to your Lordships. One a letter from him to 
myself, the other a Narrative of a conversation between 
him and M r Temple Surveyor General of the Cus- 
toms. 

In Justice to M r Kemp I assure your Lordships, that 
the Facts within my knowledge as related in these 
Papers are strictly true, and from the opinion I have 
of M r Kemps veracity I firmly believe the others to be 
so likewise. He performs the Duty of his office with 
great application, Diligence & Fidelity in many cases 
under difficulties <fc hardships, from the want of a 
Fund for defraying the Expence w r hich attends prose- 
cutions in Courts of Justice, <fc which I humbly Con- 



THE COLDEN PAPERS. 255 

ceive deserves your Lordships Consideration for thereby 
the King's Interest must frequently suffer. I am My 
Lords <fec. 



To General Gage. 

New York Nov r 28 th 1763. 
Sir 

Sir Jeffery Amherst before he went from hence 
made requisition by Letters to me of 1400 Men exclusive 
of officers to be raised in this Province for suppressing 
the dangerous insurrection of the Indians. 300 of them 
he required to be raised immeadiately to keep open the 
communication between Albany & Oswego and in 
defence of the settlements. I pressed the Assembly to 
a compliance with this Requisition. In answer to 
which the Assembly insists that the New England 
Governments should be called upon to assist in which 
case they promise to furnish their Quota of any num- 
ber of Men that shall be thought necessary. They 
make no doubt of the concurrence of the New England 
Governments but in case they should refuse the As- 
sembly promise assistance to the utmost of their ability. 
In the meantime they have agreed to raise three Hun- 
dred Men which Sir Jeffery demanded for keeping 
open the Communication between Albany <fc Oswego. 
For your more perfect information I inclose printed 
copies of my speech, Sir Jeffery's Letter, The As- 
sembly's Address, the Assembly's Resolves as they 
are all printed in the proceedings of the Assembly. 

I wait your pleasure in answer to what I now write. 
Nothing shall be wanting in my Power to promote 
his Majesty's service in this instance so necessary for 
the safety of this Province. I am <fc c 



256 THE COLDEN PAPERS. 



To Major General the Hon blb Tho s Gage 

Fort George Dec 3 d 1763. 
Sir 

I am now ordering Warrants for inlisting five Com- 
pany's to be put under your Command, & to be sent 
up as soon as possible to Albany. The usual method 
formerly was by sending them in sloops at the Kings 
expence. At this season it is nowise probable that 
they can be sent by water, but must march by Land. 
Please to inform me, in what manner they are to be 
subsisted with Provisions on their March by land to 
Albany. 

Sir Jeffery Amherst in his Letter to me of the 3 d of 
November writes as follows: Whatever number of men 
shall be raised and mustered by officers appointed for 
that purpose, as in former years shall of course be in- 
tituled to provisions, or money in lieu thereof from the 
time of their several inlistments as has been customary 
in former campaigns. I am with great Respect Sir. 



To Sir W m Johnson 

Fort George New York Dec r 7 th 1763. 
Dear Sir 

Inclosed you have blank Warrants & Commissions 
for the officers who are to inlist & Command two Com- 
panies of fifty Men each for the Defence of Schohary 
& Cherry Valley, the Warrant to Hendrick Ten Eyck 
only is filled up, which his Father a Member of the 
Assembly for your County obtained of me. Please to 
fill up the other Warrants <fc Commissions with the 
names of such Persons as you shall think most proper 
for this service, informing me as soon as may be of their 
names & the dates of their Warrants & Commissions 
which are likewise left blank for you to insert 



THE COLDEN PAPERS. 257 

After the men are raised they are directed by the 
Warrant to be mustered by such Person or Persons as 
you shall appoint for that purpose. The Commissions 
are not to be filled up or delivered till after the Com- 
panies are severally complete & mustered, & the 
Muster Rolls transmitted to me as soon afterwards as 
possible. 

Please likewise to give the Captains severally such 
orders as you shall tnink most proper for the defence 
of those two parts of the County which they are hereby 
directed to obey in the same manner as from myself. 

I am so much hurried witli Assembly Affairs & in 
Writing my Letters by the Packett that I hope you will 
excuse ray writing nothing more particularly at this 
time. You may observe in the Assembly's Address some 
insinuation of misconduct in the Indian affairs. I know 
not what is intended by it. I shall be glad to be in- 
formed by you if you can. I am with great Esteem & 
affection Sir. 



To the R T Hon 8 " the Lords Commissioners for 

Trade & Plantations. 

New York 7 th December 1763. 
My Lords, 

I have the honour of your Lordships Commands of 
the -28* of September, October 7 th 10 th incloseing the 
King's Proclamation and 11 th all of them by the Packet 
Boat which arived the 30 th of last Month. The pre- 
ceding Packet Boat I hear was lost on the coast of 
North Carolina in the Beginning of November. 

I shall be carefull to observe your Lordships direc- 
tions in my correspondence with you. 

While the Administration was in my hands, I took 
care to send the several papers required by his Majesty's 
Instructions to the Governor of this Province to be sent 
to you. If I discover any omission it shall be supplied. 
Since the Assembly have taken upon themselves of late 
17 



258 THE OOLDEN PAPERS. 

years to appoint their own Clarke, the Governor cannot 
be so fully informed of their Proceedings as formerly 
when the Clarke was appointed by the Governor. 

The next day after I received his Majesty's Procla- 
mation I ordered it to be published in all the Counties 
of this Province with the usual solemnity. Strict obe- 
dience to it shall be performed on my own part, and I 
shall enjoin the same on all others whom it may con- 
cern. 

Since the receipt of your Lordship's of the 11 th I 
ordered the officers of the Customs to attend me when 
I communicated your Lordships letter of that Date to 
them. I assured them of my protection <fc support in 
Performing their Duty, and that I shall take like care 
to have them punished in case of neglect or misbe- 
heavior in their several offices. At the same time I 
desired them to communicate to me auy observations 
they have made, which they think may be of use in 
detecting Frauds & Illicit Trade. 

Without doubt much illicit Trade is carried on in 
this Place & tho' more of it has been detected & pun- 
ished in this Port than in any of the other Colonies, I 
am fully perswaded there is not less among them in 
proportion to their trade. That the officers in this port 
are more carefull than in the others, I believe from this 
observation that the Illicit Traders send their Vessels 
to the nearest Ports to the Eastward and Westward of 
this Port from whence they import their Cargoes with 

f>roper Clearances <fc certificates that the Goods are 
egally imported. Since his Majesty's ships of War have 
been stationed on this Coast this practice has been pre- 
vented by their putting hands on board suspected Ves- 
sells before they get into any Port — The Merchants in 
'this Place complain that there is not the same care 
taken to prevent illegal Trade in Delawar River & to 
the Eastward that is in this Port, whereby the Mer- 
chants in these parts are able to undersell them & they 
loose their Trade, & that this Place will be impov- 
erished while the others grow Rich. 



THE OOLDEN PAPERS. 259 

I have lately discovered that one method taken to 
cover <fc conceal Illegal Trade from Holland ("the most 
injurious to Great Britain of all in America) is by ships 
from Holland takeing in a double Cargoe, one part of 
which is entered and the Duties paid in Britain, the 
other part is pretended to be for some foreign port & 
is accordingly reported in the Ports of Great Britain; 
and I am told that whole Cargoes have been carried 
into some of the New-England Ports under pretence 
of the Ships being cleared from Holland to one of 
the Dutch Islands, with leave to touch in her Passage 
at the Port where her owners live. This saves them 
from the officers in case the Landing of the goods 
is not discovered. An Act of Parliament seems neces- 
sary to prevent this fraud by prohibiting any Vessells 
carrying any goods into America from Holland under 
any pretence without haveing first paid the Duties in 
Britain. 

It is my constant care to perform my Duty in every 
case & to evince to your Lordships that I am with the 
greatest Truth & submission My Lords 



To the R 1 Hon 3 " Earl of Halifax Principal 
Secretary of State for the Southern Depart- 
ment. 

New York 8 th Dec r 1763. 
My Lord, 

Sir Jeffery Amherst by his letter to me of the 30th 
of October made a Requisition of 1400 Men to be 
raised in this Province for proceeding early in the 
Spring in conjunction with such Regular Troops as can 
be collected for reducing the savages & secureing Peae6 
& quiet to the Settlements hereafter. He informed me 
that he had made a Demand of 600 Men of New 
Jersey for the same service : that he had likewise made 
a Demand of a body of Men of Pensilvania <fc Vir- 
ginia for a similar service to the Southward. He made 



26.0 THE GOLDEN PAPERS. 

no Demand of any assistance from the New England 
Governments. 

On the 9 th of November when the General Assembly 
met, I enforced the Generals Requisition as much as 1 
could. The Assembly as I expected thought it unrea- 
sonable that this Province & New Jersey alone should 
bear the whole burden & Expense of reducing the 
Savages to the Northward, & therefore insisted that the 
New England Governments should be called upon to 
contribute their Quotas in which case they assured me 
that they would contribute their Quota of any number 
of Men that shall be thought necessary. The Assem- 
bly are confident that the New England Governments 
will contribute their proportions, but in case they refuse 
the Assembly Promise to exert themselves to the utmost 
of their ability. In the meantime they have by their 
Resolves enabled me to raise 300 Men besides officers 
which the General desired to be raised immediately for 
the Defence of the Settlements on the Mohawk River 
and keeping open the Communication between Albany 
& Oswego. 

This Province have had for some time past 173 in 
pay who are Posted at Oswego Niagara & Detroit. 
These with the 300 Men now to be Levyed make 500 
Men officers included, which is above double the Quota 
of this Province of 2000 Men Demanded by the Gen- 
eral. 

Besides these who are to be under the General of his 
Majesty's Regular Troops, the Assembly have enabled 
me to raise 300 Men for the defence of the Western 
frontier. So that there will be in all 800 Men in the 
Pay of this Colony. From whence it appears that this 
Province is not in the least backward in giving their 
assistance for the Publick Service. 

In the Assembly's Address there are some insinua- 
tions of misconduct in the management of Indian affairs. 
Since the care of the Indian Affairs has been taken out 
of the Governors hands, I cannot write on sufficient 
authority, but from all that I have learned the Indians 



THE COLDEN PAPERS. 261 

have no where met with ill usage or any just reason of 
offence. On the contrary that at all the out Posts they 
have been treated in the most friendly manner. It was 
from this and the Confidence that the officers* had of 
the friendships being reciprocal that they were so 
treacherously surprised. The Senekas who at this time 
have behaved the worst and have been guilty of the 
most barbarous Cruelties received during the last War 
their share of the large sums which have been expended 
in preserving the Friendship of ithe Six Nations ; not- 
withstanding of this, as I am informed some of them 
were at the same time in every Scalping Party on our 
Frontiers. I am therefore with humble Submission of 
Opinion, that no safe & lasting Peace can be obtained 
with the Savages, till these Senekas at least be chas- 
tised <fc made an example to the other Nations. After 
which I doubt not, a safe and lasting Peace may be 
made with all the Indian Nations, if care be taken to 
preserve it, by doing them Justice on every occasion of 
Complaint. 

It is needless for me to write more particularly since 
Sir Jeffery Amherst is gon to England. He has had 
better opportunities to be informed. He has taken 
more care to be well informed and is more capable of 
judging than any Man in America. 

My Duty in my office, and the gratitude I owe your 
Lordship lay me under the strongest obligation to use 
my utmost endeavour to obtain the honour of being 
My Lord Y r most obedient <fc faithful Serv fc . 



262 THE GOLDEN PAPERS. 



To the K T . Hon™* the Lords Commissioners for 

Trade & Plantations. 

New York 8 th Dec r 1763. 
My Lords, 

Tits same as the preceding letter to the Secretary of 
State, with the addition of tlie following 'paragraph be- 
tween ilie 4 th § 5 th Paragraphs of iliat Letter, viz. : 

Inclosed your Lordships have Copies of Sir Jeffery 
Amhersts Letter to me of the 30 th of October, My 
Speech to the Assembly <fc the Assembly's Address on 
the Subject of that Letter in the Printed proceedings 
of the General Assembly as the time of the Packets 
going & the hurry of publick business at that time 
does not allow me to send certified Copies of the Pro- 
ceedings. 

And the concluding paragraph of that Utter omitted. 



to the r t honble the lords commissioners for 

Trade and Plantations. 

New York Dec r 9th 1763. 
My Lords 

Your Lordships predecessors in office by their Letter 
to L*. Gov. De Lancey of the 13 th of June 1760 which 
came into my hands after his Death informed him that 
Petitions (of which Copies were inclosed) had been 
transmitted by General Amherst to M r Secretary Pitt 
who having by his Majesty's Commands referred them 
to your then Predecessors, they made a full representa- 
tion to his Majesty thereupon. They observed that 
the Limits of the Land petitioned for are very loosely 
and vaguely described, but as it is clear that it is 
meant to comprehend Lands as far Westward as Fort 



THE GOLDEN PAPERS. 263 

Edward they think it would not be adviseable to make 
any farther Grants in that part of the Country at least 
not to the Eastward of the Lakes until ^iis Majesty's 
Pleasure be known upon the above mentioned Petitions. 

In consequence of these orders, I refused numbers of 
People while the Administration was in my hands, who 
applied for Grants of Lands which I suspected to be 
within the Limits of the Land described in Major 
Skene's Petition, and I am inform'd that General 
Monckton while the Administration was in his hands 
declared his intentions to be the same with mine. 

General Amherst after the reduction of Crown Point 
haveing begun a large & extensive Fortification there 
I conceived that he designed it for a barrier hereafter 
against the French in Canada & it was generally pre* 
sunned in this Place from some discourse with the offi- 
cers of the Army that the General designed to have a 
separate Government erected there, & to have the 
Lands settled after the Peace by the disbanded sol- 
diery, but Canada being afterwards conquered & at 
last ceded by the Treaty of Peace to Great Britain, 
these views of the General are at an end. 

Sir Jeffery Amherst at no time intimated to me his 
Intentions in respect to the Lands mentioned in Major 
Skene's Petition & Major Skene haveing gon on the 
Expedition to Martinique without makemg the least 
application to me or in any manner signifying his in- 
tentions of settling & improving these Lands, <fe I not 
knowing that he had made any the least improvement 
upon them, I concluded that he had dropped his design 
untill last Summer that he applied to me for a Grant of 
the Lands contained in his Petition the copy of which 
had been transmitted to me. I told him that I could 
not consistently with his Majesty's Instructions grant 
to one Man any such large Tract, nor where the 
boundaries are so vaguely uncertainly described, nor 
where the quantity of land to be contained in the 
Grant is not ascertained <fc advised him to take the 
Regular Steps used in this Government for obtaining 



264 THE C0LDEN PAPEEa 

a Grant of the Lands whereon his improvements are 
made. At the same time adviseing him to have the 
Lands whereon his improvements are made previously 
surveyed, for which purpose as soon as he should desire 
it, I would give orders to the Surveyor General of 
Lands to have the same don and I promised in the 
meantime not knowingly to Grant any Lands which he 
had improved : Notwithstanding of this he has neglect- 
ed above three months to have any such survey made, 
and now is gon to England. 

It was at the time last summer when he applied to 
me that I first heard of his haveing made any improve- 
ments, at which time likewise he informed me of the 
great Expence he had been at in makeiug his improve- 
ments. After this I resolved heartily to serve him as 
much as in my power in consequence of which he pre- 
ferred a Petition of which a copy is enclosed which I 
laid before the Council for their consent to the Grant* 
ing of the Lands. 

One Tract granted while I had the administration 
and two others which the Council had advised General 
Monckton to Grant one to Capt n Joseph Walton & 
other officers of the Artillery & the other to the Pro- 
vincial officers in this Colony who had served in the 
late war, happened to interfere with the Lands which 
Major Skene says are mentioned in his Petition. That 
they did interfere was certainly unknown to rne and I 
believe to General Monckton & to every officer of this 
Government by reason of the vague description Major 
Skene had given of the Lands, and no surveys made in 
that part of the Country before these tracts were 
granted. 

However as Major Skene informed me that the Tract 
which the Council had advised and consented to be 
Granted to Capt n Waltoh & the other Artillery officers 
included some part of his improvements and farther 
proceedings had been made, either for a survey or grant 
of these Lands I endeavoured as much as I could to 
obtain the Councils consent to have that part which 



THE COLDEN PAPERS. 265 

Major Skene had improved excepted out of the Grant 
to the Artillery officers but without effect unless the 
artillery officers consented, in which case they were to 
have as much added out of the adjoining lands as they 
should yield to Major Skene, as by the report of a 
Committee of Council, a copy of which is inclosed. 

The reason of the Councils Refuseing Major Skene 
this favour so far as I can recollect was from an opinion 
that Major Skene's Improvement bore no Proportion to 
the expence he said he was at, & at that place were 
triffling. They were confirmed in this opinion by his 
haveing neglected to have a survey made of his Im- 

Erovements, and they were of opinion that the Granting 
im <fe his associates 25000 Acres in another Place 
which he named was a sufficient recompense for all the 
Improvements he had actually made. To which must 
be added that the Promise made by this Government to 
the officers of artillery ought to be strictly observed. 

I am sincerely inclined to favour Major Skene, but by 
his conduct he put it in a great measure out of my 
power. Now the obtaining of his Request rests upon 
your Lordships pleasure, <fe I beg that it may be signi- 
fied as soon as you shall think proper, for while Major 
Skene keeps up his pretensions to so great a Tract of 
Land as is contained in his Petition, remaining in your 
office and the Governor is restrained from Granting any 
part of it, the Reduced officers who now apply for 
Grants of Lands in pursuance of his Majesty's Procla- 
mation will complain and think themselves ill used or 
unfairly dealt with. I am in this as in every other 
case with great Submission, My Lords &°. 



266 THE GOLDEN PAPERS. 

To Sir Jeffery Amherst, London. 

By favour Cap? Clarke 77* R* 

New York Dec r 10 th [1763.] 
Sir 

Haveing the opportunity by Capt n Clarke who goes 
in the Packet and designs to wait on you as soon as he 

§ets to London, I cannot forbear expressing the longing 
esire I have to know that you are safe arrived and 
that you meet with every tiling as I wish. 

Our Assembly have enabled me to raise the 300 Men 
you required for the immediate defense of the settle- 
ments on the Mohawk River <fc secureing the communi- 
cation between Albany <fe Oswego. As to the other 
part of your demand they declined proceeding in it till 
the New England Governments be called on for their 
assistance. 

Tho' the Bill granting the money for this purpose has 
not passed the Council & has not obtained its Legal 
force, I have already begun to Levy the Men <fc I ex- 
pect to have one Company Complete before the end of 
next week, that I may send them to Albany before the 
River shuts up with Ice. 

Governor Franklin is entirely disappointed in his 
expectations. His Assembly is broke up without ena- 
bling him to raise one Man for the service you required. 
I am told it is occasioned by some Information received 
from the Quakers at Philadelphia who pretend to say 
from good authority that the Ministry disapprove of 
Hostilities against the Indians <fc that Peace will be 
made in an amicable manner. 

General Gage told me that he intends to call on the 
New England Governments for Assistance. You know 
what our Assembly has promised me in that case. No 
news from Detroit since you went. I am with the 
greatest Esteem & Respect. 



THE COLDEN PAPERS. 267 



Copy op the certificat on the Copy of the Man- 
damus to admit Charles Ward Apthorp of the 
Council in the usual form <fc dated the first 
of Sept*. 1763. 

St. James's February 20 th 1764. 

I do hereby certify that the above writing is a true 
copy of the entry made of the Original Mandamus in 
the Books of the Earl of Hallifax's office. 

Witness mv hand 

Jn° Larpent. 



To Sir William Johnson, Bar t . 

Fort George, 19 th Dec r 1763. 
Dear Sir, 

I have your favour of the 5 th of this Month, & I am 
glad to hear from you of the good disposition of the 
Indians. No doubt you are informed of what is passed 
at Detroit <fe Niagara. The want of ammunition <fe the 
necessity of their hunting at this Season made the In- 
dians at Detroit sue for Peace : has not the same want 
put the Five Nations into better Humour than they 
were. I am therefore of opinion that the Indians can- 
not be provided too cautiously with Ammunition at this 
time. They should know ana feel that they cannot live 
without us. There is a necessity of making an example 
of the Ganessios by chastiseing of them, otherwise we 
shall never have a safe Peace. Nothing but Fear can 
restrain the fierce cruel <fc rapacious Spirit of the In- 
dians, & if they pass with impunity, after the barbarous 
Murders they have committed at this time without 
provocation, the effects of this spirit will upon every 
occasion break out anew. If our friend Indians be not 
cautiously furnished with ammunition they will from 
their store furnish the Enemy <fc our Traders cannot be 
too carefully look'd after for this purpose. 



268 THE COLDEN PAPEB8. 

If you judge from the present disposition of the 
Enemy that there is no need of any guard at Schohary 
<fc Cherry Valley you may save the Province this Ex- 
pence by putting a stop to the inlisting of Men for the 
defence of these two places, <fc certainly the Province 
ought not to be put to any unnecessary Expence. 

I communicated your former Letter for putting the 
militia on a footing to make them more usef ull to the 
Assembly at their first meeting they are now ready to 
break up, so that it would be to no purpose to lay any 
thing before them at this time. 

The Commissions you desire shall be sent by the 
next Post. When I do anything which pleases you it 
gives great pleasure to myself in doing it for I am with 
great Sincerity & Esteem Sir. 



To Tiie R T Hon 11 " 3 The Lords Commissioners for 

Trade & Plantations. 

New York, Dec r 19 th 1763. 
My Lords, 

Since my last of the 11 th of this Month by the Pac- 
ket, we have received advise from Detroit that on the 
13 th of October the Indians sent in to sue for peace. 
After several conferences at last a cessation of Arms 
was agreed till the Generals Pleasure shall be known in 
May next, the officer Commanding haveing told them 
that he had not power to make Peace. A large de- 
tachment of 600 men set out on the 19 th of October 
from Niagara. On the 7 th of November they were 
drove ashore in Lake Erie by a storm of Wind at 
which time they lost 70 Men, 3 officers included, had 
their ammunition <fc Provision Spoild & for that rea- 
son resolved to return to Niagara, tho' they had got 
two thirds of their way to Detroit. The Commanding 
officer at Detroit received an Account of this misfor- 
tune by two faithfull Indians who carried a Letter to 



THE COLDEN PAPERS. 269 

him. On which he sent 240 Men back to Niagara re- 
taining 212 haveing only provisions sufficient lor that 
number till the first of July next. 

The want of ammunition <fc the necessity the Indians 
were under to go to hunt at that season was the occa- 
sion of their sueing for Peace. Notwithstanding of 
the fair promises the Indians have made, the command- 
ing officer thinks their sincerity is not to be depended 
on, if they can procure ammunition from the French. 
Early last Spring they sent a large Party down the 
Mississipy to New Orleans with a large quantity of 
Bever to purchase Ammunition. 

The Indians affirm that they were incited to this 
general insurrection by the French in Canada, that it is 
above two years since the Belts were first sent among 
them for this Purpose, since which time they were car- 
ried from Nation to Nation in order to form the general 
Conspiracy. The Indians as I am inform'd affirm that 
they were at first incited to this Conspiracy by some of 
the Principal Men in Canada, whom they have named 
with others, the Vicar General & St Luke le Corn, the 
last is now in Canada. The Indians say they had a 
very considerable supply of Ammunition from Canada 
by the Outawa River by which rout they avoided all 
our Posts. 

Sir William Johnson by his Letter of the 5 th of this 
Month informs me that there were then with him up- 
wards of 1 20 of the five Nations and many more hourly 
expected, those present have made the most solemn as- 
surances of their unalterable attachment to the English, 
their intention to communicate from time to time all 
intelligence of the Enemy's Designs & Motions, as 
well as their resolutions to accompany his Majesty's 
Troops the ensuing Campaign whenever their presence 
may be required. The advantages resulting from such 
assistance are clear to me (I copy the words of Sir 
William's Letter) <fc must appear to all acquainted 
with their abilities <fc usefulness in the woods. I there- 
fore spare no pains to cultivate this good Understand- 



270 THE COLDEN PAPERS. 

ing by good treatment and Favours, which are highly- 
necessary at a time when they are not without the 
strongest inducements to partake of the Plunder of our 
Frontiers, & the greatest apprehension of their suffer- 
ing by their attachment to us. So far I copy Sir Wil- 
liams words. 

It is not long since Sir William gave me a very dif- 
ferent Account of the disposition of the Five Nations. 
Is it not most probable that this change has arisen from 
their knowledge of what has pass'd at Detroit & from 
their being Sensible (they now feel) that they cannot 
live without us since their supply of ammunition has 
been prevented ? For this reason in my Letter of this 
Days date, I advise Sir William to be cautious in sup- 
plying the Indians with Ammunition, & I am confident 
they will at all times be as willing to give intelligence 
to the Indians as to us. 

I am humbly of opinion that we can never be secure 
against that fierce, cruel and rapacious spirit natural to 
the Indians without making them affraid of Punish- 
ment &> this may be done by chastiseing the most ob- 
noxious & ungratefull Nation the Senekas. 
„ I am surprised to find it repeatedly asserted in the 
English News Papers that the present insurrection has 
been occasioned by the Indians liaveing been cheated 
of their Lands by the English in America. I can as- 
sure your Lordships that there is not the least ground 
for this assertion & that as to this Province it has 
happened without any provocation on our part so far 
as I have heard at least, & I believe to be true. 

I am obliged to write this while the ship which 
carries it is ready to Sail & therefore I must beg your 
Lordships excuse of inaccuracy. I forgot to mention 
another proof e that the late insurrection of the Indians 
was by instigation of the French. All our Traders who 
had been seized by the Indians and made their escape 
affirm that when they told the Indians it was peace, 
they constantly answered it was a Lie. The French 
assure them there is no Peace. On the contrary that 



THE C0LDEN PAPERS. 271 

a great French Fleet & Army are comeing if not 
already arived at Quebeck. 

No doubt General Gage has inform'd the Secretary 
of State by this Opportunity more particularly than I 
can inform your Lordships, but I think it my duty to 
inform you of every thing which I think you may 
be desirous to know. I have the honour to be with 
great Submission My Lords. 



To Major General the Hon 814 " Thomas Gage. 

Fort George Dec r 19 th 1763. 
Sir 

I am extreamly oblidged to you for Communicating 
the Intelligence you have from Detroit and Niagara. 
Sir William Johnson by his Letter of the 5 th of this 
Month informs me that he has at that time upwards of 
120 Indians of the 5 Nations with him & many more 
hourly Expected. Those present have made the most 
solemn assurances of their unalterable attachment to 
the English : their -Intention to communicate all Intel- 
ligence of the Enemys motion and designs & their 
resolution to accompany his Majesty's Troops the en- 
suing Campaign. 

This probably is in consequence of what has passed 
at Detroit & from their own want of Ammunition, & 
in consequence of this they must soon want every neces- 
sary of Life, I am with great respect. 



272 THE COLDEN PAPERS. 



To the R T Hon ble Tiie Earl of Hallifax Sec" of 

State. 

Original by M r Ross's Ship, Duplicate by the Ship 

York— Sailed. 

New York, 22 nd Dec. 1763. 
My Lord 

In October last Sir William Johnson wrote to me 
that the Indians every where were in a very bad dis- 
position, and added that he was informed they intended 
to make inroads on our Frontiers. In consequence of 
this Intelligence I put the Frontiers every where in the 
best posture of defence I could whereby their incur- 
sions on any part of the Province has been prevented. 
On the J8 th of this month I received a Letter from him 
dated the 5 th in which he informs me that he had then 
with him upwards of 120 of the Five Nations <fc many 
more expected, that they are in the best disposition, 
they assured him of their attachment to the English & 
their readiness to join the regular Troops the ensuing 
Campaign against the Enemy Indians. 

This sudden change in the Five Nations is certainly 
owing to two things. First that the Enemy Indians 
at Detroit of whose success they seem to have been 
confident, had sued for Peace, & had obtained a ces- 
sation of Arms from the Commanding officer there, till 
such time as the Generals pleasure shall be known next 
Spring. The other is the general want of ammunition 
among the Indians, <fc that their arms in a little time 
must become unfit for service. These two last are in 
our power, & by proper care must in a short time re- 
duce the Indians to the necessity of accepting Peace on 
our own Terms. 

But before I proceed farther I think it proper to in- 
form your Lordship of the different state of the Policy 
of the Five Nations in different periods of time. 

Before the Peace of Utrecht the Five Nations were 



THE C0LDEN PAPERS. 273 

at war with the French in Canada, <fc with all the 
Indian Nations who were in friendship with the French. 
This put the Five Nations under a necessity of de- 
pending on this Province for a supply of everything 
by which they could carry on the War or defend them- 
selves, <fe their beheaviour towards us was accordingly. 

After the Peace of Utrecht, the French changed their 
measures. They took every method in their power to 
gain the Friendship of the Five Nations, & succeeded 
so far with the Senekas who are by far the most 
numerous, & at the greatest distance from us that they 
were entirely brought over to the French interest. 
The French obtained the consent of the Senekas to the 
building the Fort at Niagara situated in their Coun- 
try. 

When the French had too evidently before the last 
War got the ascendant among all the Indian Nations, 
we endeavored to make the Indians jealous of the 
French power, that they were thereby in danger of 
becoming Slaves to the French unless they were pro- 
tected by the English. Since the Conquest of Canada 
the French have turned our own arguments agaiust us 
to raise a Jealousy in the Indians of our designs. 
By sending of Belts from Nation to Nation since the 
conquest of Canada, & furnishing the Indians privately 
with large quantities of ammunition & arms from 
Canada this general Conspiracy was form'd, by their 
assuring: the Indians at— the commencement of their 
hostilities that no Peace was made, nor would be made 
till Canada was restored, & that a great fleet and army 
was coming from France to reduce Canada, <fe probably 
was at that time before Quebec. 

The Indians at Detroit being at last convinced that 
Peace was made, <fc that Canada is ceded to Great Brit- 
tain, <fe their ammunition becoming scarce, so that they 
could not have sufficient for their Hunting, which at 
that season became necessary they sued for Peace at a 
time very fortunate for the Garrison at Detroit, when by 
reason of many misfortunes in their supplies, they soon 
18 



274 THE COLDEN PAPERS. 

would have been reduced to a necessity of abandoning 
it. These particulars I have learned from the officers 
who have lately returned from Detroit <fc of which no 
doubt your Lordship will be particularly informal by 
General Gage. From these <fe from numerous circum- 
stances your Lordship will Judge of the truth of what I 
now relate. 

I think it my Duty with humble Submission to give 
my Sentiments of what may be proper to be done. I 
think it adviseable to make Peace with the far distant 
Indians at Detroit as soon as it can be properly done. 
That for the more effectual doing of this all Trade with 
them from Canada during the next Summer be pro- 
hibited. Thereby the Indians will more effectually feel 
the necessity they are under of our Friendship for their 
Subsistnce. This war with them is canned on with 
great loss of brave Men & heavy expence of Money, <fe if 
the Indians lose hopes of our friendship they may ac- 
cept of the late invitation of the French Governor at 
Gnartres on the Mississipy, wherein he promises them 
fine hunting grounds on the west side of that River & 
free Commerce. 

It seems proper that the Posts at Detroit <fe Missili- 
makinak be continued & properly supported otherwise 
the French on the Missisipi may carry on designs among 
these far distant Indians, pernicious to the British In- 
terest <fe safety of the Colonies, without our being able 
to discover them. 

That all Trade with the Indians be in an open Market 
under the cover or protection of the Fortified Posts. 
The Indians are tempted to plunder the Traders scat- 
tered about in their Countries <fe in consequence murder 
them from whence new broils arise. 

Notwithstanding that Peace with the Indians appeal's 
to me so desirable yet I think it necessary to chastise 
the Senekas who have been the most mischievous, have 
behaved with the greatest Treacheiy <fc most ungrate- 
fully. This I think necessary for the future safety of 
the Inhabitants of our Colonies for if the Indians who 



THE COLDKN PAPERS. 275 

live nearest us are not affraid of Punishment, & that 
fierce spirit natural to them be not subdued it will on 
every opportunity break out into outrages. At the 
same time it is necessary to have some certain method 
Established for their obtaining Justice in a Summary 
way on every just complaint. 

I hope very soon to have the five Companys Com- 
pleted which are at this time in the Pay of the Province 
for keeping open the Communication between Albauy 
and Oswego. 

I flatter myself your Lordship will pardon the Lib- 
erty I have taken of giving my Sentiments on matters 
of such consequeuce, for it is done with absolute sub- 
mission by My Lord. 

P. S.— to Dupl te Dec. 27 th . Nothing new from Sir 
W m Johnson or from Detroit. 



To Major W m W. Hogan at Albany. 

N. Y. 27 th Dec r . 1763. 
Sir, 

I have received your Letter of the 21 st Instant Pro- 
vision is made by an Act passed the last Sessions of 
Assembly for continuing the 173 Men under your 
Command in pay till the l 9t of May next ; <fe for allow- 
ing the Non Commissioned officers & Privates £5 for 
provideing themselves with cloathing. You will there- 
fore immediately endeavour to complete the number of 
173 Men, the Recruits will be intituled to the £5, for 
cloathing, It is useless to keep such men as are unfit 
for service, you will therefore discharge them, but they 
are not intituled to the allowance for cloathing. What 
may farther be don to promote the compleating your 
company shall be thought of when you come down to 
this place for which you have my Leave. Your come- 
ing as soon as possible may be of use to consider the 



276 THE COLDEN PAPERS. 

means of completing your company. It is needless to 
send up your Commission of Major to the new Battal- 
lion, as I shall now expect you down soon. I am Sir 



To Sir William Johnson Bar t . 

Fort George Dec r 28 th 1763. 
Dear Sir, 

In my Letter of the 7 th of this Month among other 
Papers I inclosed to you a copy of the Kings Procla- 
mation of the 7 th of October last. Among other things 
in that Proclamation it is directed that every Person 
who may incline to trade with the said Indians do take 
out a License for carrying on such Trade from the Gov- 
ernor and Commander in Chief of our Colonies where 
such Person shall reside and also give Security <fc c . I 
shall be glad to know your sentiments on this subject <fc 
how it is most properly to be put in execution. In the 
meantime as I am fully perswaded from the informations 
which I have received that a principal reason of the 
Indians sueing for Peace at this time is from their want 
of ammunition <fe the stop which has been put to Trade 
among them, whereby they begin to feel that they can- 
not subsist without us, nor defend themselves against 
our resentment. I am of opinion that you cannot be 
too cautious in preventing their being supplied with 
ammunition or indeed any necessaries until such time 
that Peace be made with them upon the most certain 
and secure foundation : after which they may be as- 
sured that they will be accommodated with everything 
they want <fe be treated in the most friendly manner. 
After what has passed they must not be allowed to 
trifle with us as they have too often don but give the 
most solid security of their faith & sincerity. 

The treacherous & cynel behaviour of the Indians of 
late has so irritated all ranks of people in the Colonies 
that if they do not prevent it by a sincere repentance, 



THE C0LDEN PAPERS. 277 

they will soon feel the weight of a very sincere resent- 
ment. I am at this time Solicited to send out a num- 
ber of Volunteers to chastise the Indians on the Sus- 
quehanna who have lately made inroads on Pensilvania 
near our Frontiers, but I would not consent to it while 
the Indians are treating with you, & without consulting 
you as to the number of men sufficient for that purpose, 
<fc the probability of success as likewise what may be 
the most proper Methods to be taken. 

I shall long to hear the success of your Treaty <fe 

your Opinion of the Matters on which I desire your 

advice tor which I shall at all times have the greatest 

Regard. I am with the most sincere esteem & 

.friendship Sir. 



To General Gage. 

Fort George Jan y 9 th 1764. 

8lR 

Inclosed is the advise of his Majesty's Council of this 

Province in regard to the Indians the Governor of Pen- 
silvania is sending hither, & who by this time may be 
near or at the Ferries for this Place. In pursuance of 
this advice I am now preparing Orders to prevent 
their being admited into this Province. As I am in- 
formed that the Indians are escorted by some of the 
Regular Troops I must submit to your pleasure whether 
it be proper for you to direct those Troops to escort 
them back to Philadelphia the place from whence they 
came. I am apprehensive they could not pass through 
this Province without a strong escort to defend them 
from the Inhabitants whose minds are greatly irrita- 
ted against the Indians. I am with the greatest Res- 
pect Sir 



278 THE COLDEN PAPERS. 



To Sir William Johnson BarV 

Fort George New York Jany. 9 th 1764. 
Dear Sir 

Last night I received your kind & oblidging Letters 
of the 24th <fc 80th of last Month with your Sentiments 
of the present state of Indian Affairs <fc the properest 
method to be pursued with them. It gives me great 
pleasure to find that your measures have received an 
approbation so veiy honourable to you. It is a misfor- 
tune that Sir Jeffery Amherst when he went from this 
place did not seem to agree in the same Sentiments 
with you. 

Since my last to you which was of the 28 th of last 
Month I have received a Letter from the Earl of Halli- 
fax dated October 19 th in which I have received the 
following Orders : " I am therefore to signify to you 
" his Majesty's Pleasure that you earnestly recommend 
"it in his Majesty's name to the General Assembly 
" of the Province under your Government forthwith to 
" make Provision for enabling you to call out a suf- 
"ficient number of the Militia, or to raise such a rea* 
" sonable number of Troops as from the actual state of 
" the Indian war Sir Jeffery Amherst shall think neces- 
44 sary, and to employ them not only in defending & 
" protecting the Lives & Properties of his Majesty's 
" Subjects on the frontiers of your Government, but 
" likewise in acting offensively against the Indians at 
" such places & in such manner as the said Commander 
" in Cheif shall think proper & direct." 

I wish heartily that the Chenessios may be brought 
to such a Submission as to make offensive measures 
against them unnecessary. 

Since I had wrote so far I received a Letter from 
Governor Pen in which he informs me that he was 
sending a number of Indians (about 140) to pass 
through this Province to you. As I am told there is 
a Letter from him to you in the Post office, I need be 



THE COLDEN PAPERS. 279 

no more particular than only to inform yon that the 
Council have unanimously advised me not to admit 
them to come into this Province, so that you will not 
in all probability be troubled with them at this time. 

Tliis was very unexpected to me, <fe I believe to the 
General <fc has taken up so much of my time till late 
this night, <fc haveing stop'd the Post to inform you of 
the Resolution of the Council, I have not time to 
write in answer to any other parts of your Letter than 
what I have done. I am with very sincere respect 
Sir, <fc°. 



To Governor Pemn. 

Fort George New York Jan* 10 th 1764. 
Sir 

Yesterday about One afternoon I received your let- 
ter of the 5 th Instant, & immediately called his Majesty's 
Council of this Province for their Advice thereon : the 
result thereof you will see by the inclosed Minute of 
Council. I have accordingly sent Orders to the Mag- 
istrates of Richmond County, not to suffer those Indians 
to enter this Province. 

The Indians on the East side of the Susquehanna are 
the most obnoxious to the People of this Province of 
any haveing don the most mischeif. They consist of 
a number of Rogues & Theives runaways from the 
other Nations, & for that reason not to be trusted. 
I could not be assured that these Indians can safely 
pass thro' this Province without an Escort which could 
with great difficulty <fc expense be obtained at this 
Season of the Year. The Minds of the People are so 
generally irritated against the Indians living on the 
northeast Branches of the Susquehanna that a number 
of Volunteers were proposed to me to go out against 
them to punish them for their Cruelties & Perfidy. 

If you shall think proper to send two of these Indi- 
dians with some discreet Person to conduct them to Sir 



280 THE COLDEN PAPERS. 

W m Johnson they shall have my pass for that pur- 
pose. 

I think it a misfortune that our correspondence 
should begin in this manner, for I am sincerely <fe 
heartily disposed to serve the People of Pensilvania, 
& you Sir may be assured that I am with the great- 
est Kegard & Respect Sir 



To The R t Hon"* The Lords Commissioners for 

Trade and Plantations. 

New York Jan y 21 8t 1764. 
My Lords, 

Since the Writeing of my Letter of Yesterday's date, 
inclosed, reflecting that I had been no otherwise in- 
formed of the Proceedings before your Lordships pre- 
decessors in office in relation to the boundaries between 
this Province & the Colonies of Massachusetts Bay and 
New Hampshire, but by haveing obtained a few weeks 
since copies of those proceedings which M r Charles had 
transmitted to the Assembly 01 this Province, I think 
it my Duty to inform your Lordships that M r Charles 
has no authority from this Government to appear as 
Agent. He has no instructions from the Governor or 
Council, the design of the Assembly being that he 
should act independently of them. He has no other 
Publick appointment but by a Clause annually inserted 
into an act by which the Governor and other officers 
annually receive their support. And this is only don 
in that Act by a Clause giveing him a Salary, to which 
the Governor could not refuse his assent without risque- 
ing the loss of the support of all the Officers of the 
Government. 

It is no wonder then that your Lordships Predeces- 
sors should not be well informed of his Majesty's In- 
terest in this his Province while they trusted to the 
information of a Person no wise Instructed thereon, or 



TIIK C0LDEN PAPERS. 281 

authorised by this Government. It is true that M r 
Charles in conjunction with Sir William Baker, in some 
Cases for receiving Money Granted by Act of Parlia- 
ment to the Colonies has been fully empowered to act 
as Agent of this Government, but in no other which I 
remember. 

I think it proper likewise to inform your Lordships, 
that every free Man in the Charter Governments thinks 
that he has a Personal undivided interest in the Lands 
within the limits of their charter, & for that Reason 
the Assemblys of those Colonies are very assiduous in 
promoting their Interest by inlarging their boundaries. 
It is otherwise in this Province where the Right of Soil 
is in the Crown the Assembly thinks the Kings right 
hot to be immediately of their concern, but of the 
Kin^s Governor. 

As I have no objection personally to M r . Charles 
I intend to write to him on the subject of my Letter of 
Yesterday that in case he will take the trouble of an 
affair for which he has no allowance from the Assembly, 
he may thereby recommend himself to your Lordships 
favour. 

It is my constant endeavour to evince that I am with 
great Submission. My Lords. 



To Major -General the Hon blb R t Monckton. 

New York Jan y . 20 th 1764. 
Sir 

Captain Hawker of the Sardoine sloop of war made 
a seizure of a ship & cargoe & came to inform me that 
he intended to claim one half for himself officers and 
crew. I answered him that by the statute by which 
the ship and cargoe are forfeited, one third is given to 
the Governor & that I could not consent to give up the 
Rights of the Governor. That no part or clause of 
the Statute by which only the ship and cargoe is for- 



282 THE COLDEN PAPERS. 

feited is repealed by the late statute under which he 
claims a moiety However that without giveing myself 
any trouble I must leave the matter to the Court in 
which the vessel shall be condemned. 

Not satisfied with this Captain Hawker went to the 
Attorney General and M r . Smith, Jun. for their opinion 
which they gave in writeing a copy of which I enclose. 
This not being favorable to Capt n . Hawker's pretensions 
I suppose that he informed Admiral Lord Uolvil of it 
who on that occasion wrote a warm letter to the Judge 
of the Admiralty which either iutimidated or made him 
so cautious that he did not as usually Decree one third 
of the forfeiture to the King, one third to the Gov r . & 
the remaining third to the Prosecutor but in general 
terms To his Majesty $- such Persons as are intituled 
to the same pursuant to the several Statutes in such 
cases Provided. The Vessel <fc Cargo could not other- 
wise be forfeited than by the statute which gives one 
third to the Governor. 

In consequence of this Decree I am informed the 
money ariseing from the sale of the forfeitures is to be 
lodged in the Collectors hands who it is said will re- 
tain the same until he shall receive directions from his 
superiors for the distribution of it As this matter con- 
cerns you Sir, & future Governors more than it can do 
me, during the short time I expect to hold the Admin- 
istration, I think it my Duty to inform you of it that 
you may take such care of your own interest <fc of the 
Governors of this Province as you shall think proper. 

I shall only take the liberty to observe that as the 
Governor is sworn to observe the Laws of Trade & has 
a large body of directions on that head, this case gives 
. him more trouble than any other part of his adminis- 
tration & therefore I presume his Majesty does not in- 
tend to deprive his Governor of any reward of this ser- 
vice which the Law gives him. Notwithstanding that 
the Gov r . retains the third of the forfeiture given by 
Law the Capt n . officers <fc Crew of his Majesty's ships 
may receive one moiety out of the two thirds to the 



THE OOLDEN PAPERS. 283 

King & the Prosecutor if his Majesty shall please to 
order it so. I am with great respect <fe c 

P. S. — I am informed that in a similar case the Judge 
of the Admiralty at Boston has lately Decreed one 3 rd 
of the forfeiture to the King, one other to the Gov r . <fe 
the remaining third to the Prosecutor. 



[To Sir William Johnson.] 

Fort George, New York, Jan. 23, 1764. 
Dear Sir, 

I shall be very desirous to know that you are quite 
recovered of your indisposition you complain of. It 
would be a wonder to me if you could hold out under 
the fatigue unavoidable with Indians without com- 
plaining. 

The humour of going out against the Indians is 
abated or rather quite over. I did not encourage it, 
as I expected nothing from it, tho' I did not [think] 
proper to oppose it. 

I perfectly agree with you in your Sentiments in 
relation to the Indian Trade in every point. 

You certainly may commit to Jail any person who 
shall sell Ammunition to any Seneka that Nation being 
in open Hostility. It is comforting and succouring his 
Majesty's Enemy's which is high treason. 

The Gentlemen who have Commissions both in the 
Provincial Service & in his Majesty s Arniy apply for 
lands according to their rank in the Army only. T hey 
obtain a Gertincat from the General of their Rank & 
that they are Reduced, which they deliver to me with 
a Petition for a grant of the quantity of Land allotted 
to their rank by the King's Proclamation. I have 
already received Petitions for above 60 or 70,000 acres, 
all on the East side of Hudsons River between that <& 
Connecticut River. 



284 THE COLDEN PAPERS. 

It will give me particular pleasure to serve M r John- 
son, every one who Petitions fixes the place where he 
desires & in this the first Petitioner lias the preference. 

This is all at present in answer to yours of the 12 th 
of this month winch I received last Night. 

The Commissions you desired in your former, will be 
ready by next Post. I am with very affectionate 
Esteem Sir Yr 



To Sir Jeff t Amherst. 

New York Jany 25 th 1704 
Sir 

In my letter by Capt n Clarke I informed you that I 
hoped soon to complete the five Company's which our 
Assembly had enabled me to Raise on your Requisi- 
tion. They are now complete, & I expect by this time 
in the Mohawks country. The Assembly of Pensil- 
vania have fully complied with your requisition, if no 
difference happen between their Governor and them in 
the method of raiseing the Money. The Minds of the 
People are so universally exasperated against the Indi- 
ans that the Assembly could not refuse without en- 
dangering the peace of the Country. 

The Assembly of Massachusetts declined to take 
Gen 1 Gages requisition under consideration as it was 
become now unnecessary (they say) by Peace being 
made with the Indians. The (xov. had not at that time 
Received Lord Hallifax's Letter of the 19 th of October. 
I have heard nothing of Connecticut or Rhode Island. 

Soon after you went from this Sir W m Johnson had 
a conference with the Indians. He informed me that 
230 of them were present, were all willing to go against 
the Shawanese or Delawares. Some of the Chenessies 
were present whom he chid severely. 

In his Letter of the 12 th of this Month lie writes to 
me that a greater number of Chenessies had come to 
him with a greater number of the five nations — 300 in 



THE COLDEN PAPERS. 285 

all. The Chenessies made no Submission, but are willing 
to go against the Enemy Indians. I suppose the In- 
dians are all desirous to be furnished with arms <fc am- 
munition under that pretence. 

I expect nothing farther will be done here till his 
Majesty s Pleasure shall be known after your arrival at 
Court. 

It may be of use to me to know at what time I may 
expect M r Monckton's Return. The best wishes attend 
you of Dear Sir Y r 

This goes by the Aberdeen. 



To the Right Hon™* The Lords Comsiissioners for 

Trade & Plantations. 

New York, 20 th January 1764. 
My Lords 

The Dispute subsisting between this and his Majesty's 
Government of New Hampshire, respecting their boun- 
dary oblidges me to lay the state of this matter before 
your Lordships. 

In April 1750 Governor Clinton communicated to 
the Council a Letter of the Seventeenth of November 
from M r Wentworth Gov r of New Hampshire represent- 
ing that he had it in command from his Majesty to 
make Grants of the unimproved Lands in New Hamp- 
shire and desiring information how far north of Albany 
this Province Extended and how many miles east of 
Hudsons River to the northward of the Massachusetts 
Line that he might govern himself accordingly — As 
also an Extract of his Majesty's Commission to M r 
Wentworth describing the boundaries of that Govern- 
ment. By the advice of the Council M r Clinton in- 
formed M r Wentworth in answer to his request that 
this Province is bounded eastward by Connecticut 
River, the Letters Pattent from King Charles the Sec- 



286 THE COLDEN PAPERS. 

ond to the Duke of York Expressly Granting all the 
Lands " from the West side of Connecticut River to 
the East side of Delaware Bay." 

M r Wentworth in his Letter of the 25 th of April says 
that he had communicated to his Majesty's Council of 
that Government the above opinion of the Council of 
this Province which he declares would have been satis- 
factory had not the two charter Governments of Con- 
necticut <fc Massachusetts Bay extended their bounds 
many miles to the Westward of Connecticut River and 
Desires to be informed by what Authority Connecticut 
and Massachusets Governments claimed so far to the 
Westward as they had settled, and acquainted Gover- 
nor Clinton that before the Receipt of his Letter of the 
9 th April, he had granted a Township due north of the 
Massachusetts Line of the Contents of Six Miles Square 
& by measurement Twenty-four Miles East of the City 
of Albany. Upon Governor Clinton's laying this Let- 
ter before the Council they advised him to inform 
Governor Wentworth that the claim of the Govern- 
ment of Connecticut is founded upon an Agreement 
with that of New York in the year 1683, afterwards 
confirmed by King William. But as to the Massachu- 
setts settlements so far to the westward, it was pre- 
sumed they were first made by intrusion & since con- 
tinued thro' the neglect of this government. And that 
it was probable the Lands within the Township he had 
lately Granted or some part of them had been already 
Granted by the Government of New York. 

In July 1750 M r Wentworth's letter of the 22nd of 
June preceding was laid before the Council, declaring 
that his Majesty's Council of that Province were unani- 
mously of opinion not to commence a dispute with this 
Government respecting the extent of Western Boundary 
to New Hampshire until his Majesty's Pleasure should 
be farther known, and accordingly the Council had ad- 
vised that he should on the part of New Hampshire 
make a representation of the matter to his Majesty 
relying that M r Clinton would do the same on the part 



TIEE COLDEN PAPERS. 287 

of New York To which proposal this Government 
agreed adding that it would be a measure for the mu- 
tual advantage of both Provinces that the Copies of the 
respective Representations to be made to his Majesty 
on this Head should be exchanged. 

On the 2nd September M r Wentworth signified 
the Assent of his Government to the last mentioned 
proposal, as it might contribute to the speedy Settle- 
ment of the boundary between the two Provinces and 
assured M r Clinton that he would transmit to him a 
copy of the representation he should make in behalf of 
New Hampshire as soon as perfected. 

I find the Representation on the part of New York 
was not approved of by the Council until the 18 th of 
October 1751, when it was entered on the minutes to- 
gether with a Letter of mine on the same subject. But 
before this period M r Wentworth had in his letter to 
the Board of Trade of the 23rd of March 1750/1 sug- 
gested to their Lordships what he thought proper to 
urge on this subject in behalf of his own Government 
without transmitting any copy thereof to Governor 
Clinton. 

Thus the matter rested according to my information 
until the incursions of the Indians into this Province 
immediately preceeding the late War put an entire stop 
to any new Settlements and rendered both governments 
less solicitous to bring this controversy to an Issue, 
the Government of New York confiding that the Gov- 
ernment of New Hampshire after what had passed 
would not venture to make any further Grants until his 
Majesty should be pleased to determine the Limits be- 
tween his two Provinces as such Grants where they 
might interfere with those of New York must be con- 
sidered as a mere nullity. 

But how great was the surprise of this Government 
when they lately discovered that New Hampshire had 
since the transaction above recited granted upwards of 
thirty, some affirm one hundred and sixty Townships 
each of Six Miles square westward of Connecticut 



288 THE COLDEN PAPERS. 

River : a Fact which had probably been still concealed 
from the knowledge of this Government, had not the 
Grantees or Persons employed by them travelled thro' 
all parts of this and in the Neighbouring Province of 
New Jersey publicly offering the Lands to sale at such 
low rates as evince the claimants had no intention of 
becoming settlers either from inability or conscious they 
could derive no Title to the Lands under the Grants of 
New Hampshire. 

To prevent therefore the further progress of this 
Mischief by informing the People of the true state of 
the Claim of the two Provinces, His Majestys Council 
unanimously advised me to issue a Proclamation as- 
serting the ancient Jurisdiction of this Province to 
Connecticut River, a Copy whereof I have the honour 
to inclose to your Lordships. 

The Claim of the Government of New Hampshire to 
within Twenty Miles of Hudsons River being founded 
solely on the Example of Connecticut and the Massa- 
chusetts Bay. It will be necessary to consider the right 
of these two Governments to that boundary. 

The Limits of Connecticut were settled by agreement 
with this Province confirmed by the Crown, cfe tho' 
the possession and claim of the Dutch, might have been 
offer'd as an argument to confine the Limits of that 
Colony to the Connecticut River, yet as the Tract might 
thereby have been render'd too inconsiderable for the 
Establishment of a Colony and the People had so early 
extended their Settlements westward of the River these 
considerations probably were the motives which in- 
duced the Government of New York first in 16(54 and 
afterwards in 1083 to yield to Connecticut the Lands 
westward to the distance of about 20 miles from Hud- 
sons River. 

But no agreement or settlement of Boundarys can 
be alledged on the part of Massachusets Bay. The 
Dutch at the time of the Massachusets first Grant 
possessed this Province then called New Netherlands 
— Extended their claim between the two Rivers Dela- 



THE COLDEN PAPERS. 289 

ware & Connecticut, and had long before the English 
approached the last mentioned River, a Fort called 
Fort Hope on its Western Banks near where the Town 
of Hartford now stands. These facts were well known 
at the time, & therefore 'in the Grant to the Council of 
Plymouth in 1620 of the Lands within the 34 and 48 
Degrees of North Latitude on which the claim of Mas- 
sachusets Bay <fe Connecticut was originally founded 
all Lands which were held or possessed by any other 
Christian Prince or State are expressly saved and ex- 
cepted — Hence it appears that the Grant to the Duke 
of York in 1663/4 of the Lands Westward of Connecti- 
cut River was certainly grounded on an opinion that the 
Crown had an absolute Right to these Lands, notwith- 
standing the Claim of the New England Colonies, and 
that this Grant which immediately preceded the Con- 
quest of this Province from the Dutch was intended to 
include all the Lands which the Dutch held there. 

I have not till lately seen an Extract of a Report of 
the Commissioners appointed by the Crown in 1664 to 
visit the New England Governments who declare they 
find the Limits of Massachusets Bay to be " Seconnet 
Brook on the South West and Merimack River on the 
North East, and two right lines drawn from each of 
those two Places till they come within 20 Miles of 
Hudsons River" — Nor an Extract of a Letter from 
Colonel Nicolls Governor of New York in which speak- 
ing of the Agreement made with Connecticut he says, 
" this Determination was a leading Case of equal justice 
& of great good consequence in all the Colonies, and 
therefore were assured would be an acceptable Service 
to your Royal Highness though to the diminution of 
your bounds, so that to the Eastward of New York 
aud Hudsons River nothing considerable remains to 
your Royal Highness, except Long Island and about 20 
Miles from any part of Hudsons River. I look there- 
fore upon all the rest as Empty Names and Places 
Possesst 40 years by former Grants, and of no conse- 
quence to your Royal Highness, except all New England 
19 



290 THE GOLDEN PAPERS. 

could be brought to submit to your Royal Highness's 
Pattent" 

If any settlement was then made by the Commis- 
sioners and the Massachusets Bay it appears not on 
Record, although that with Connecticut in the same 
year is Registered in both Provinces. And if actually 
made it was unauthorised, the powers to the Commis- 
sioners being expressly confined to the disputes be- 
tween the New England Governments — namely, Massa- 
chusets Bay, Connecticut, New Plymouth, Rhode Is- 
land and the Providence Plantations as evidently 
appears from the Commission, a copy of which I 
enclose your Lordships, nor can it be supposed that the 
Crown meant to invest a Power in the Commissioners 
to settle Boundaries between the Governments of New 
England and this Province the Commission bearing 
date in April 1664 and the conquest of this Government 
from the Dutch not taking place till the Month of 
August following. There is also a mistake in the as- 
sertion that the u Places were possesst Forty Years by 
former Grants," unless by the Dutch. For the English 
did not settle to the westward of Connecticut River 
till 1635 or 1636 which settlement was made southward 
of the Massachusets South Line without authority 
from any Government : the Determination then in re- 
spect to Connecticut could not with propriety be con- 
sidered as a leading Case of equal Justice in all the 
Colonies nor could the Boundaiy of Connecticut River 
have affected the other Governments so materially as 
Connecticut as those Governments have a far greater 
extent Eastward than Connecticut. This Reasoning is 
justified also from these considerations that the Crown 
did not by any act ratify or approve the Opinion of 
the Commissioners or of Governor Nicholls who was 
one of them but on the contrary after the Dutch had 
in 1673 reconquered this Province and by the Treaty 
of Breda in 1674 yielded it to England made a second 
Grant to the Duke of York in the same terms with the 
first. And it appeal's by the Minutes of the Agree- 



THE COLDEN PAPERS. 291 

ment with Connecticut in 1683 that Governor Nicolls 
and the other Commissioners had been deceived in the 
Line they established with the Colony in 1H64 which 
instead of leaving to this Province 20 Miles East of 
Hudsons River soon crossed that River and left the 
far greater part of that River out of New York Gov- 
ernment. 

Massachusets Bay hath nothing I humbly conceive to 
urge in support of their claim to a Twenty Mile Line 
East of Hudson's River but a Possession gained in op- 
position to the Letter and Spirit of their Grants from 
the Crown thro' the Inattention of this Government. 
This argument may in Equity intitle Individuals to a 
confirmation from the Crown of the Lands they actually 
possess, rendering to his Majesty the usual quit rent 
reserved in the province, but cannot be offered as con- 
clusive on the part of the Crown, in respect of its In- 
terests ariseing either from its Revenue of Quit Rents 
which by computation at 2/6 per hundred acres would 
amount to near £1200 Sterling p r . Annum or from Es- 
cheats — neither can it with Justice I think be extended 
to the Case of those Inhabitants of New York who hold 
laud Eastward of a Twenty Mile Line, the Lands being 
at the time they obtained their Grants vested in the 
Crown within the express Limits of the Province of 
New York and not within the Grants on which the 
Massachusets Bay found their claim. 

Having thus fully considered this point in respect to 
the Province of Massachusets Bay, I need add very 
little as to New Hampshire. That Government is to 
extend westward and northward till it meets with his 
Majesty's other Governments, and cannot therefore in- 
terfere with the Limits of this Province. The lands in 
question lay much more convenient to be included 
within New York than New Hampshire, Hudson's 
River being navigable by Vessels of considerable bur- 
den to Albany the Trade of that part of the Country 
will probably center there to which place the transpor- 
tation or Carriage will be much easier than to the Ports 



292 THE COLDEX PAPERS. 

of New Hampshire and where the Inhabitants are 
likely to meet with a better market for their produce. 
The Revenue of the Crown, if the Lands are settled 
under this Province will be greater than if granted 
under New Hampshire in proportion to the difference 
of Quit Rent which I am informed is one shilling ster- 
ling p r . hundred Acres in that Province and is by his 
Majesty's Instructions fix'd here at 2 6 sterling. There 
is another circumstance of some weight at this juncture. 
The preference given to this Government froni its evi- 
dent superiority has induced a great number of reduced 
officers to claim here the Bounty his Majesty has been 
Pleased bv his Proclamation of the 7 th October last to 
extend to those who have served in North America 
during 1 the late War and manv of them have located 
their spots within the claim of New Hampshire: In- 
deed if they had not. it would have been impossible 
for this Government to have found lands enough for 
them, clear of dispute and not reserved to the Indians, 
but they absolutely decline any application to New 
Hampshire for Lands Westward of Connecticut River. 

As the Settling the Limits of Jurisdiction of the 
Governments of New York and New Hampshire abso- 
lutely depends on his Majesty's Pleasure, should his 
Majesty on any consideration extend the Limits of 
New Hampshire Westward of Connecticut River, I 
humbly presume to hope the Right of Property and 
the Right of Jurisdiction will be saved to this Province 
in respect to all Lands before granted by this Govern- 
ment whose right to the boundary of Connecticut 
River, especially when considered as to New-Hamp- 
shire appears clear <fc unquestionable. 

I am with great Submission My Lords Your most 
obedient <fe faithfull Servant 

Cadwallader Coldest. 



THE COLDEN PAPERS. 293 



By the Honourable Cadwallader Colden, Esq; 
His. Majesty's Lieutenant Governor and Com- 
mander in Chief of the Province of New York, 
and (lie Territories depending thereon in America. 

A Proclamation. 

Whereas King Charles the Second, by his several 
Letters Patent bearing Date the 12 th Day of March, 
1663-4, and the 29 th June 1674, did give and grant in 
Fee, unto his Brother, James Duke of York, certain 
Lands, of which the Province of New York is a Part, 
containing, among other Tracts, "All that Island or 
Islands, commonly called by the several • Name or 
Names of Matowachs, or Long Island, situate and 
being towards the West of Cape-Cod, and the Narrow 
Higgansetts, abutting upon the Main Land between 
the two Rivers there called or known by the several 
Names of Connectkmt and Hudson's River. Together 
also with the said River called Hudson 1 s River, and all 
the Land from the West Side of Connecticut liiver to 
tJie PaM Side of Delaware Bay." 

And whereas the Government of New Hampshire, 
by the Letters Patent of his late Majesty, given at 
Whitehall, the third Day of July, 1741, is described 
in the words following : " Our Province of New-Hamp- 
shire, within Our Dominions of New-England in 
America, bounded on the South Side by a similar 
Curve Line, pursuing the Course of Merrimac River, 
at three Miles Distance on the North Side thereof ; be- 
ginning at the Atlantic Ocean and ending at a Point 
due North of a Place called Pantuchet Falls ; and by 
a Straight Line drawn from thence due West across 
the said River, till it meets with our other Governments ; 
and bounded on the South Side by a Line passing up 
through the Mouth of Piscataqua: Harbour, and up 
the Middle of the River to the River of Newichwannock, 
Part of which is now called Salmon Palls, and through 



294 THE GOLDEN PAPERS. 

the Middle of the same to the furthest Head thereof ; 
and from thence North two Degrees Westerly, until 
One Hundred and Twenty Miles be finished from the 
Mouth of Piscataqua Harbour aforesaid, or until it 
meets with our other Gover?wient8." 

And whereas it manifestly appears by the several 
Grants or Letters Patent above recited that the Pro- 
vince of New Yorh is bounded to the Eastward by the 
River Connecticut: That the Province of New l/amp- 
shire, being expressly limited in its Extent Westward 
and Nwthward by nis Majesty's other Goverments, is 
confined to the same River as to its Western Boundary ; 
and that the said Government of New Hampshire is not 
entituled to Jurisdiction Westward, beyond the Limits 
of that River. 

And Whereas the said Government of New Hamp- 
shire, tho' fully apprized of the Right of this Govern- 
ment, under the Letters Patent aforementioned to the 
Duke of York / and sensible also that His Majesty 
had not been pleased to establish other Boundaries 
between his said two Provinces, hath granted Lands 
Westward of Connecticut River, within the Limits and 
Jurisdiction of the Government of New York; in 
Virtue whereof, sundry Persons, ignorant that they 
could not derive a legal Title under such Grants, have 
attempted the Settlement of the Lands included therein, 
and have actually possessed themselves of Soil before 
granted within this Province, while others claiming 
under the said Government of New- Hampshire, have 
endeavoured to impose on the Inhabitants here, by 
offering to Sale, at a low Rate, whole Townships of 
Six Miles Square lately granted by the said Govern- 
ment Westward of Connecticut River. 

To prevent therefore the Incautious from becoming 
Purchasers of the Lands so granted; to assert the Rights 
and fully to maintain the Jurisdiction of the Govern- 
ment of this His Majesty's Province of New York, I 
have thought fit, with the advice of His Majesty's 
Council, to issue this Proclamation, thereby command- 



THE GOLDEN PAPEES. 295 

ing and requiring all Judges, Justices and other Civil 
Officers within the same to continue to exercise Juris- 
diction in their respective Functions as far as to the 
Banks of Connecticut River, the undoubted Eastern 
Limits of that Part of the Province of New York, not- 
withstanding any Contrariety of Jurisdiction claimed 
by the Government of New Hampshire, or any Grants 
of Laud Westward of that River, made by the said 
Government. And I Do hereby enjoin the High 
Sheriff of the County of Albany; to return to me or 
the Commander in Chief, the Names of all and every 
Person and Persons, who under the Grants of the Gov- 
ernment of New-Hampshire, do or shall hold the pos- 
session of any Lands Westward of Connecticut River 
that they may be proceeded against according to Law. 

Given under my Hand and Seal at Arms, at Fort 
George, in the City of New York, the Twenty 
eighth Day of December, 1763, in the Fourth Year 
of the Reign of our Sovereign Lord George the 
Ihird, by tlie Grace of God, of Great-Britain, 
France and Ireland, King, Defender of the Faith, 
and so forth. 

Cadwalladee Colden. 

By His Honour's Command, 

Gw. Banyar, Dep. Secry. 

God %ave the King. 



To J. T. Kemp, Esq b ms Majesty's Attorney Gen- 
eral N. Y. 

Fort George 5 th Feby 1764. 
Sir 

I desire you will order the Person acting as your 
Deputy in the County of Albany to Enter a Nolo Pro- 



296 THE COLDEN PAPER8. 

sequi in the case of an Indictment, found by the Grand 
Jury of that County against John Glen Esq of Schenec- 
tady the circumstances of which I told you lately in 
Conversation. I am 



To His Excellency the Hon ble James Murray. 

New York Feby 6 th 1764. 
Sir 

I should have acknowledged the honour of your 
most oblidgeing favor of the 25 th of December had not 
the Packet been then daily Expected that I might at the 
same time take care of any Letter directed to you. Only 
two came at this time which are enclosed. If there be 
any more they are under cover to the General. Since 
a Post established between Quebec and Albany all 
Letters will escape the curiosity of any Person because 
there are separate Bags for Montreal & Quebec under 
the Seal of the General Post Office New York. And I 
can assure you that your Letters will be taken special 
care of at the Post Office in New York. 

The Packet which arrived last Saturday is an Extra 
Packet sent out merely to bring their times into some 
better order. This Packet is to sail next Sunday, but 
another is daily expected which will not sail till the 
second Saturday of March. 

I heartily congratulate you on the happy agreement 
between the King <fe both Houses of Parliament, as ap- 
pears by the enclosed speech and Addresses. 

In the London Chronicle Nov r 15-17 is the following 
Paragraph : " We hear that the two Volumes of North 
Britons are ordered to be burnt by the hands of the 
Common Hangman as a false, Scandalous & Malicious 
Libel, bidding defiance to the Legislation, <fc tending to 
excite his Majesties Subjects to traitorous insurrections 
against his Majesty's Government." 

By the orders which I received dated the 19 th Octo- 
ber it seems Sir Jeff. Amherst was not expected 



THE COLDEN PAPERS. 297 

home. No publick Letters of any Consequence by 
this Packet. 

It will give me great pleasure to have it in my power 
to serve you in any Shape for I sincerely am with great 
esteem <fc respect Sir Yr. 

P. S. I am disappointed in the Address of the 
Lords not being Printed. The extract of it is faithfull 
<fc in the words of the Address. Printers are not 
pleased with any restraint on their Licentiousness. 



To the Right Hon 818 the Lords of Trade & Planta- 
tions. 

New York, Feb y 9 th 1764. 
My Lords, 

Some time since Capt. Hawker of the Sardoine Sloop 
of War made seizure of a Ship & Cargoe of which he 
informed me, & that he intended to claim one half for 
himself officers & Crew In answer to this I told him 
that the Vessell & Cargoe could not otherwise be for- 
feited than by the Statutes which give one third to the 
Gov r & that no Clause in these Statutes which give a 
third to the Gove r is repealed by the Statute under 
which he claims one half, and that I cannot give up 
the rights of the Gov r of this Place. 

After this Capt n Hawker applied to M r Kemp At- 
torney General, & M r Smith Jun r a noted Lawyer in 
this Place, who gave their opinion, a copy of wnich I 
enclose without my interfering in the matter in any 
Shape. 

Capt n Hawker I presume informed Lord Colvil of 
the opinion of these Lawyers, who thereupon wrote a 
warm letter to the Judge of the Admiralty in this Place 
which so far intimidated him that he did not condemn 
the Vessel seized by Capt n Hawker in the usual form, 
&> as had been lately done in a similar case by the 



298 THE COLDEN PAPERS. 

Judge of the Admiralty in Boston, viz : One third to 
the King, one third to the Gov r & the remaining third 
to the Prosecutor, but in the following general terms 
viz : To his Majesty <£• stick persons as are intituled to 
the same, pursuant to tlw several Statutes in such cases 
provided. 

In consequence of this decree I am informed the 
money ariseing from the sale of the forfeitures is to be 
lodged in the Collectors of Custom's hands, who will 
retain the same till he shall receive Orders from his 
superiors for the distribution thereof. 

The Governor on his takeing the administration upon 
him is sworn to observe the laws of Trade. He has a 
large body of orders and Instructions solely on that 
head, <fe this case gives him more trouble than any other 
part of his administration. I therefore humbly pre- 
sume that his Majesty does not intend to deprive his 
Governor of any Reward for this service w r hich the 
Law gives him. Notwithstanding that the Governor 
be allowed to Receive one third of the forfeiture the 
Capt n officers & Crew of his Majesty's ships may re- 
ceive one moiety from the two thirds given by statute 
to his Majesty & the Prosecutor, if his Majesty shall 
think proper so to order. 

It is much for the benefit of all concerned that his 
Majesty's pleasure be signified as soon as may be : & 
whatever his pleasure may be, it shall be received with 
absolute submission by My Lords, <fc c . 



To Robert Charles, Esq. 

New York, Feb* 10 th 1764. 
Sir, 

I have been lately informed that you had some time 
since transmitted to the Assemblies Committee of Cor- 
respondence some Papers relating to the Dispute be- 
tween this Province & Massachusets, <fc having since 



THE COLDEN PAPERS. 299 

seen those papers, & perceiving from them that you 
had been called by the Lords Commissioners for Trade 
& Plantations I suspect you have not been sufficiently 
informed on that subject For this reason I now trans- 
mit to you a copy of a letter which I have lately wrote 
to their Lordships & likewise heads of arguments 
which have occurred to me on that subject. As that 
matter nearly concerns the Interest of the Crown, I 
doubt not you will thereby have an opportunity of 
shewing your abilities and of recommending yourself 
to the notice of his Majesty's Ministers as well as of 
serving this Government You will have it in your 
power to oblige me much by giving me early intelli- 
gence of what relates to this Government I am with 
great Regard. 



Remarks on the Disputes between the Province 
of New York & the Province of Massachu- 
setts and New Hampshire relating to the 
Eastern Boundary of New York, for the use 
of R. Charles, Esq. 

1. New York is bounded to the Eastward by Con- 
necticut River <fc New Hampshire, is bounded to the 
westward by his Majesty's other Governments. By this 
it is evident New Hampshire cannot extend anywhere 
to the westward of Connecticut River. 

2. The only pretence which New Hampshire has for 
extending their jurisdiction to the westward of Con- 
necticut River is that Massachusetts & the Colony of 
Connecticut have extended their jurisdiction to the 
westward of that River. But supposing that these two 
colonies had just right to extend tneir claims so far as 
they do it in no manner follows that New Hampshire 
from thence has a right to extend their jurisdiction 
beyond Connecticut river : And yet they have no other 
pretence but this further claim. 

3. The truth is that as Massachusetts have been en* 



300 THE COLDEN PAPERS. 

abled to extend their settlements beyond Connecticut 
river by the inattention & negligence of the Govern- 
ment of New York the New Hampshire Gov 1 hopes to 
establish a like claim in process of time by making 
settlements on the west side of Connecticut river from 
the inconveuiencies which may hereafter arise in recov- 
ering the king's rights. 

4. The soil of the Colonies of New York <fe New 
Hampshire being both in the crown the King may at 
his pleasure change the boundary of their Jurisdiction. 
But the establishing of the Boundary of Jurisdiction 
anywhere to the westward of Connecticut river would 
be prejudicial to the Inhabitants as their Commerce 
must be carried on by Hudson's river which is naviga- 
ble by large vessels to Albany <fc by small vessels to 
Fort Edward. The inconveniencies in this respect 
appear evidently by Inspecting the Maps cfe by consid- 
ering the great distance of Connecticut river from 
Portsmouth. 

5. The Quit rent of New Hampshire is at the rate 
of 1" sterl. the 200 acres cfe that of New York at 2/6 
sterl. The Difference to the King in so large extent of 
Country will amount at least to £1000 sterl g. yearly. 

6. The use which the Grantees in New Hampshire 
at present make of their Grants ought to be considered. 
They are in no capacity to settle <fe improve such a 
large extent of Laud. They travel over New Jersey, 
this Province & the Provinces to the eastward hawking 
their pretended rights & thereby drawing unwary 
people into contributions to support their illegal <fc un- 
warrantable claims. 

7. Great numbers of reduced officers & disbanded 
soldiers who have served in America at this time apply 
to the Governor of New York for grants of Lands pur- 
suant to the Kings Proclamation between Hudsons 
river & Connecticut river as the Gov* of New York has 
no other lands to grant not claimed by the Indians at 
this time. These grants will pass as soon as the previ- 
ously necessary powers can be made in the spring. 



THE COLDEN PAPERS. 301 



Remarks on the settlement of Boundary* between 
New York & Connecticut. 

1. The first settlement of Connecticut was by people 
who sat down without any legal establishment or 
Powers from the Crown <fe formed themselves into three 
distinct governments, viz : Hartford, New Haven & 
Seabrook. Many of these people were separatists from 
Massachusets on account of the dissensions w r hich 
arose on religious principles at that time. The Colonies 
of New Providence <fe Rhode Island were formed about 
the same time on account of those religious dissensions. 

2. The three Colonies of Hartford, New-Haven & 
Seabrook were afterwards united into one government 
by charter from Charles the 1 st <fc had no limitation 
westward to their extent of Territory. 

3. The Settlements on Connecticut river in the year 
1664 were only made by the Colonies of Hartford <fe 
Seabrook, not by Massachusetts Bay. This becomes 
probable by the Distance of Boston from Connecticut 
river <fc the Colony being very small at that time & 
at variance with the Indians. 

4. The Dutch were settled on Hudson's river before 
the Colonies of Massachusets or Connecticut, had exist- 
ence. They were possessed of all Hudson's river & 
had likewise a fort on Connecticut river near Hartford 
then called Fort Hope <fe claimed all the lands between 
Hudson's and Connecticut rivers. 

5. When New York then called New Netherland 
was conquered from the Dutch the colony of Connec- 
ticut had extended their settlements along the seashore 
within less than ten miles of Hudson's river. This 
gave the colony of Connecticut an equitable claim to 
Territory on the west side of Connecticut river, <fc the 
Dutch inhabitants of New York being numerous while 
the English were few it became prudent 'in Governor 
Nicolls to cultivate a good agreement with the colony 
of Connecticut, thereby to secure and strengthen his 



302 THE COLDEN PAPERS. 

new colony, & therefor settled boundaries between the 
two governments in 1664, greatly to the advantage of 
Connecticut. 

6. But this agreement was made so injudiciously 
that only about 30 miles of Hudson's river would have 
remained in the government of New York, & was 
therefore set aside & a new agreement made in 1683, 
which was afterwards confirmed by King William & 
is now the Boundary between New York <fe Connec- 
ticut 



Remarks on the Western boundary of Massachu- 
sets Bay. 

1. The original Claim of the Colony of Massachusets 
was under the grant to the Council of Plymouth in 
1620, <fc tho that Grant w r as not limited westerly yet 
all lands which were then held or possessed by any 
Christian Prince or state are excepted out of it, <te 
the New Netherlands now New York was at that 
time in possession of the Dutch, they having forts not 
only on Hudson's river but likewise on Connecticut 
river. 

2. It is said that Comm" authorized by King Charles 
the 2nd did settle the boundary of Massachusetts at 
20 miles from Hudson's river. No such settlement 
appeai-s on the records of this Province, nor as I am 
informed in the records of Massachusets. Their Com- 
mission is dated prior to the conquest of New York. 
It empowers them to settle differences between the New 
England Colonies & has no reference to New York. 
If then the Comm™ made any settlement it was without 
authority and disapproved of as appears by the 2 a 
Grant to the Duke of York in 1674. 

3. Whatever agreements may be supposed to have 
been made •relating to the boundaiy of Massachusets 
Colony they ceased & became a nullity when their 
charter was declared void by Decree in Chancery, 



THE COLDEN PAPERS. 303 

which Decree was never reversed and remains now in 
force. 

4. By the new Charter granted to the Massachusets 
in 161)1, they are to extend westward as far as Con- 
necticut. This word Connecticut in every construction 
either of Land or Equity must mean the river Con- 
necticut, the boundary of New York to the Eastward 
not the Colony of Connecticut : for the colony of Con- 
necticut cannot bound anywhere the colony of Massa- 
chusets Bav to the westward. The Province of New 
York by the accession of the Duke of York to the 
Crown became part of the Crown Lands, & has ever 
since passed with the Crown. It does not appear by 
any part of the charter to the Colony of Massachusets 
Bay that the King designed to grant any part of his 
province of New York to the Massachusetts Bay, & no 
part of it can pass without express words for that pur- 
pose & in all doubtful expressions of Grants from the 
Crown they must be construed most favorably to the 
Crown. 

6. As no settlements were made by the Colony of 
Massachusetts on the west side of Connecticut river 
when the Duke of York's Grant passed they have not 
that claim of Equity which Connecticut had. Here it 
must be remarked that the Settlements on Connecticut 
river were made by the Colony of Hartford tho some 
of them are now found to be in Massachusetts claim. 

7. The only equity which can be claimed is in favor 
of the People who have settled <fe improved lands on 
the West side of Connecticut river, but this can extend 
no farther than to confirm their Possessions on the same 
conditions on which lands are granted in the Province 
of New York. 

The lands claimed by Massachusetts from 20 miles 
of Hudson's river to Connecticut river would yield a 
quit rent to the Crown of about £1200 sterlg yearly as 
Lands are now granted in New York. 



304 THE COLDEN PAPERS. 



to the r t honble the lords commissioners for 

Trade & Plantations. 

New York Febry 8 th 1764. 
My Lords, 

I informed your Lordships by my Letter of Jany 
20 th that the Government of New Hampshire had lately 
made most surprising <fe Extravagant encroachments on 
the jurisdiction <fc lands of this his Majesty's Province 
without I may truly say the least colour or plausible 
pretence of Right. The Government of New Hamp- 
shire I am told has lately granted ItiO Townships of 
Six miles square each on the west side of Connecticut 
River. A man in appearance no better than a Pedlar, 
has lately travelled thro' New Jersey & this Province, 
Hawking ife selling his pretended Rights to 30 Town- 
ships on trifling considerations. The whole proceed- 
ings of the Government of New Hampshire in this 
case if what is told me be true, are shamefull <fc a dis- 
credit to the king's authority under which they act. 
Though it be not in my power to be authentically in- 
formed, it is in your Lordships, for it is evident from 
the low price shares are sold at, it is not for the bene- 
fit of persons who design to settle cfc; improve. Your 
Lordships by a proper enquiry may be informed for 
whose benefit these fraudulent Grants are reallv made. 
To prevent as much as possible the ill consequences 
of these proceedings, I have by the advice of his 
Majesty's Council of this Province, issued a Proclama- 
tion of which a Printed Copy is inclosed, another in my 
letter of Jan y 20 th to which Letter I beg leave likewise 
to refer. 

It became the more necessary for me at this time 
to vindicate the Right of this Government to these 
Lands, because great numbers of reduced officers & dis- 
banded Soldiers who have served 'in America have ap- 
Slied to me for the reward in Land granted by his 
lajesty's Proclamation in their favor, and I have no 



THE COLDEN PAPERS. 305 

lands but these to Grant, which the Government of 
New Hampshire have taken upon themselves to Grant 
in the manner above mentioned. I endeavor to dis- 
tribute his Majesty's bounty in the manner most agree- 
able to the officers & so that the Grants may pass with 
the greatest dispatch <fc least Expense, as will appear 
by the Minute of Council which I enclose. Since that 
time in a few days, near 100 Commissioned <fe non 
commissioned officers and privates have applied for 
Grants of Lands, so that from this Province all the 
Reduced officers & Disbanded Soldiers in this part of 
North America, chuse to receive the king's Reward in 
Lands within this Province. 

As the reduced officers & soldiers will find the neces- 
sary and unavoidable Expence of settling hard upon 
them, they are apprehensive of any additional Expence 
of Law suits, however slight the pretentions be, & 
therefore it will greatly encourage <fc forward the 
settlement of that part of the country to have a speedy 
end put to the pretentions of the Gov 1 , of New Hamp- 
shire which your Lordships may effectually do, by 
only signifying to the Gov r . of New Hampshire, his 
Majesty's Pleasure on that head, and by sending a Du- 
plicate of the order to the Gov r . of this Province. 

The only thing which can make any Person prefer 
the Grants of New Hampshire to those of this Gov 1 , is 
the difference of quitrents for as the commerce of that 
country must be carried on by Hudson's River, it must 
be more convenient for the inhabitants to be under the 
jurisdiction of New York. The quitrent in New 
Hampshire I am told is at the rate of I/ 8 , stg. for every 
100 acres, and that of New York is at the rate of 21$. 
this difference on a moderate computation may amount 
to .£1000 stg. yearly, so that it is likewise much for the 
benefit of his Majesty's Revenue of Quitrents that this 
dispute be speedily put an end to. 

I am informed that the officers and Private Men of 
the Provincial Troops of this and the Neighbouring 
Colonies imployed in the late w r ar in America, design 
20 



306 THE COLDEN PAPERS. 

to apply for his Majesty's bounty in Lands to be ex- 
tended to them as to the officers <fc soldiers of his Ma- 
jesty's army. I have no objection to this only that the 
civil officers of this Gov 1 , ought to be considered who 
have freely given up their usual fees in favour of the 
army, for I apprehend the same reason does not extend 
to both in this Respect The officers <fe Men of the 
Provincials all live in this country, have their friends 
and relations to assist them, and as the colony troops 
were levied annually and received Annual Bounty, dif- 
ferent officers <fe men were employed in different years, 
their numbers will be very great & the trouble to the 
civil officers of this Government become very heavy, 
for the charter and proprietary governments are not 
bound by the King's proclamation. It seems therefore 
reasonable that if the King should think proper to ex- 
tend his bounty of an abatement of Quit rent for ten 
years in favor of the Provincials that they receive their 
Grants on paying the usual fees. I am with the great- 
est Respect <fe humble submission, My Lords, <fe°. 



To the R T . Hon"™ Earl of Halifax Sko'ty of 
State fob the Southern Department. 

New York Feb y . 13 th 1764. 
My Lord, 

As I know that Sir William Johnson writes by this 
opportunity I think it proper to communicate a para- 
graph of his letter to me dated the 27th of last month. 
It is in the following words : 

I am just now parting with a large number of In- 
dians, from whose behaviour I have reason to expect 
a happy result. I assure you it would scarcely be 
imagined how sanguine they are, & how desirous 
their young men appear to go against our Enemies. 
The Chenessioes are a very proud people, and I do not 
expect much concession from them. The delivering 



TITE COLDEN PAPER8. 307 

np some of their Ringleaders, whiqh would be a reason- 
able demand, will, I apprehend, hardly be agreed to. 
The French who were at the bottom of this affair, de- 
serve to have their conduct strictly enquired into. The 
Jesuits are a dangerous society which I heartily wish 
may be abolished. Their possessions in Canada would 
endow a Bishoprick as well as small provision for 
several protectant Missionaries. The utility of such a 
foundation appears to me very evident in that country 
where I think it would greatly promote the Interest of 
his Majesty <fc so on eucrease the number of his Protes- 
tant subjects. So far Sir W?. writes. 

I shall only presume to make a few Remarks for 
your Lordships consideration. 

The Indians everywhere are in great want of ammu- 
nition, and are now sensible they cannot as formerly be 
supplied by the French or otherwise than by us. 

The Indian Nations are a mere Mob, directed by 
popular Leaders who are governed by their passions 
with a violent inclination to war and easily instigated 
to revenge which is the characteristic passion of savages. 

No friendship with such people can be depended on 
while they are under no fear of punishment. 

The Chenessioes (the largest tribe of the Senekas) 
have done the most mischief, have been guilty of the 
greatest cruelties without any provocation on our part, 
but only by the instigation of the French while in 
possession of Niagara in their neighbourhood. The 
Chenessioes were the principal inciters of the other na- 
tions into the late insurrection : <fe yet these people as 
part of the five nations have continually received Pres- 
ents of us from the first settlement of the English in 
this country to the present time. They still continue 
haughty and insolent, <fe therefore may most properly 
be made an Example to others of punishment, <fe proba- 
bly this alone may be sufficient. 

Many think it most prudent to set one Indian nation 
to punish another, as this may be done with least ex- 
pence & without loss of Christian lives, but it must be 



308 THE COLDEN PAPERS. 

attended with great, uncertainty while it depends on 
the humour of savages, and cannot be so effectual on 
the Minds of other nations. 

The Indians at this time will make any promises 
that they may be supplied with arms & ammunition, 
& yet I doubt much that the five nations can be per- 
swaded to turn their arms against the Chenessioes. 

The setting one Indian nation against another feeds 
& cherishes the fierce & cruel spirit of the Savages, <fc 
while that spirit remains they will be allways mis- 
chievous. If they can' be entirely restrained from war 
for some years, their fierceness will subside <fc they 
may take themselves solely to hunting <fc planting <fc 
thereby become most useful. 

I am of opinion that a general Peace may at this 
time be made with the Indians by only receiving them 
on their usual submission. If this be thought eligible, 
steady measures for preserving peace may become 
necessary <fc for securing the frontiers <fc Traders from 
insults <fe rapine. 

I flatter myself that your Lordship will excuse my 
writing my private thoughts, as Indian affairs for 
many years have been the object of my thoughts cfe 
your Lordship is at so great a distance. 

The Battalion of five Companies which the Assembly 
of this Province enabled me to raise, has been complete 
for some time past, & is now posted in the Mohawk's 
Country to keep open the Communication between 
Oswego & Albany. I am with *the highest Respect & 
humble Submission My Lord, <fc c . 



To John Pownall, Esq. Secry Board of Trade. 

New York Febry 10 th 17G4. 
Sir, 

In obedience to the order of the Lords Commission- 
ers for Trade & Plantations signified to me by your 



' THE COLDEN PAPERS. 309 

Letter of the 24 th of November last, I communicated 
the Petition of Henry Constant to the Owners of the 
sloop Dove and pressed them by several arguments to 
obtain the release of their Hostage. You will see all 
that I could obtain by the enclosed Paper. 

It will give me great pleasure to convince you how 
desirous I am of the honour of being Sir. * 



To Major General the Hon 01 * Tiio" Gage. 

Fort George Febry 26, 1764. 
Sir, 

Yesterday I had the honour of yours with Extracts 
of the Resolves of the Assemblies of Massachusets, 
Connecticut & New Hampshire, all of them evasive 
grounded on accounts they have received of Peace 
with the Enemy Indians. What accounts they have 
of Peace I know not, but I am certain that I have none 
of any authority. 

The Assembly of this Province in their address to me 
made use of the following Expression, and should they 
(the neighbouring Colonies) refuse to comply with the 
Requisition which we assure ourselves they will not do, 
we will then exert ourselves to the utmost of our power, 
however unequal to the undertaking to preserve this 
and the rest of his Majesty \s Colonics from ruin. 

From this I am confident the Assembly of this 
Province will not proceed in adding to the number 
already raised, before they have a categorical answer 
from the neighbouring Colonies. For this reason yoiir 
pressing a Categorical answer without delay becomes 
necessary as the Spring of the year approaches & the 
time for action. 

This Province has now in Pay 800 Men, of which 
500 to join the Regular Troops under your Command, 
and 300 for the defence of their Frontiers. I cannot 
conceive by what calculation New Hampshire makes 



310 THE COLDEN PAPERS. 

200 (the number required of them) equal to two-thirds 
of the number New York has raised. 

Between ourselves, I suspect the true reason of the 
backwardness in all the assemblies is owing to a doubt 
that Sir Jeffery Amhersts plan \v r ill be pursued now he 
is gone, and therefore however proper it may be in you 
to call for a Categorical answer from the distant Colo- 
nies, I conceive it may be of little use if not prejudicial 
to call the Assembly of this Province before the arrival 
of the next Packet, and for that purpose, I propose to 
hold them on short Prorogations. They now stand 
prorogued to the 13 th of March. 

You may assure yourself that I shall heartily join 
with you in everything that may be for the public 
service, and that I am with the greatest regard Sir. 



To Gov B Franklin. 

Fort George, Febry 29 th 1764. 
Sir 

At your desire by your Letter of the 24 th , I hereby 
Certify that Eight hundred and Eight Men are in the 
Pay of this Government. 6 Companies of 50 Men each 
with their officers consisting of 318 Men. 5 Companies 
of 60 Men each with their officers consisting of 8 1 7 
Men and one Company of 173 Men officers included. 
I am with the greatest Regard Sir. 



To The Hon 1 "* 1 John Penn, Esq, L t Gov*, of Pen- 

silvania. 
Sir, 

Last night I received a letter from Sir William 
Johnson by the return of an Express which you sent 
to him. This morning I communicated Sir Williams 
Letter to his Majesty's Council for this Province the 



THE COLDEN PAPERS. 311 

contents whereof are recited in the Minute of Council 
inclosed, which likewise contains their advice to me on 
the subject matter thereof. 

It may facilitate a proper freedom in our mutual 
Correspondence on this subject, if you would please to 
inform me of the reason why you have thought proper 
to continue to push a matter which we think greatly 
affects the interest <fe safety of this Province without 
previously adviseing with or consulting this Govern- 
ment. Whatever some in Philadelphia think, the Indi- 
ans can by no means be received into this Province 
without the consent of this Government. I ain with 
great truth <fe Regard Sir 



To the Right Hon 11 " 5 Earl of Hallifax his Majes- 
ty's Principal Secretary of State for the 
Southern Department <fc c . 

New York, 8th March, 1764. ■ 

In the words of the Letter io ike Lords of Trade of 
the 9th of July. 



To Sir W m Johnson. 

Fort George, N. Y. March 9 th 1764. 
Dear Sir, 

None of your Friends more heartily congratulate 
with you on the first success of the Parties you sent 
out against the Enemy Indians than I do, & none 
now can doubt of the great influence you have on the 
Six Nations. 

Immediately after the receipt of yours by the Ex- 
press from Governor Penn, I communicated it to the 
Council who were unanimously of opinion not to admit 
those Indians into this Province, as they suspected 



312 THE COLDEN PAPERS. 

much that out of resentment they would give bad im- 
pressions to the Indians among whom they come. At 
the same time they are desirous of knowing your opin- 
ion in case any farther application be made from Pen- 
silvania. Gen. Gage and Col. Bouquet are of the same 
opinion with the Council. 

I am now writing to his Majesty's Ministers by the 
Packett which is to sail next Sunday <fe shall not fail 
to mention your good success. I am with the most 
affectionate Esteem Dear Sir. 

P. S. — All the Lands between Fort Edward and 
Lake George are already Granted or Promis'd. No 
Lands can now be Purchased of the Indians, but in the 
manner directed by the King's late Proclamation. 



To the Right Hon*** 15 the Lords Commissioners for 

Trade & Plantations. 

New York 9 th March 1764. 
My Lords, 

At the desire of his Majesty's Council of this Pro- 
vince and of the merchants of this place, I transmit to 
your Lordships a Copy of a Memorial which the Mer- 
chants have ordered their Agent to present to the 
House of Commons. 

I shall only beg leave to mention some reflections 
which have occurred to me since I read this Memorial. 
May not a Colony consisting of great numbers of free 
men who consume a vast quantity of the manufactures 
of Great Britain tho' this Colony raise no staple which 
can be imported directly into Great Britain, be more 
useful to Her, than a Colony which raises a consider- 
able staple imported into Great Britain, and this 
Staple is entirely raised by the Hands of Slaves who 
consume very little or none of the Manufactures of Gr. 
Britain. 



THE COLDEN PAPERS. 313 

Is it not the interest of Gr. Britain to encourage all 
the means which the Colony consuming her manufac- 
tures, takes to pay for these Manufactures, when those 
means are not prejudicial to the commercial interest of 
Gr. Britain — the lowering in our Sugar Colonies the 
Price of Sugar cannot be prejudicial to this Interest. 

Since the Northern Colonies found means to carry 
their produce into the foreign Colonies the price of 
Labour & of Provisions have rose to near double what 
they were before that time. The high Price of Labour 
makes it impracticable in the Colonies to interfere 
with the Manufactures of Great Britain. It is evident 
to administration that the more Trade the Colonies in 
North • America have with the foreign Colonies, the 
more they consume of the British manufactures. But 
if they should be reduced so low, that they cannot pur- 
chase cloathing they must make them <fe be content 
with what they can make. 

As the French <fc Spanish Governments do not per- 
mit us to trade with their colonies, the trade with them 
from the northern colonies is carried on in small vessels, 
and that the sugars imported by these small vessels 
may be transported to Europe, it is necessary that the 
Mei'di* have leave to shift them from the small to 
larger vessels without paying any Duty. As the act 
now stands foreign sugars pay no Duty if not landed. 

May it not be proper to allow Spanish vessels from 
their Colonies to trade with the northern colonies, for 
they can import no European manufactures, and that 
the Governors be allowed to suffer such trade. 

I flatter myself your Lordships will pardon the lib- 
erty I take to give my private Sentiments, for it is done 
with absolute submission by My Lords, <fe° 



314 THE COLDEN PAPERS. 



To THE R T Hon ble Eael of Hallifax. 

New York, March 10 th 1764. 
My Lord, 

I liave the pleasure of communicating to your Lord- 
ship an account of the success of one of the Parties of 
Indians sent out by Sir William Johnson against the 
Enemy Indians by the Copy of a Letter inclosed 
which I received two days since from him. 

This plainly evinces the great influence which Sir 
William has among the Six Nations for it has been at 
all times difficult to make one Indian Nation attack 
another, when the quarrel was not their own, and if 
the Indians deliver up their Indian Prisoners to him to 
be disposed of as he pleases, it will be more than was 
at any time before obtained. In our wars with the 
French it was difficult to get the French Prisoners 
from them even after Peace, & I think there is no in- 
stance where they delivered up any Indian Prisoner. 

The five Nations formerly subdued the Delawares & 
in the Indian Phrase put Petticoats upon them, that is 
the Delawares were never afterwards to make war as a 
nation. In the last war with France they revolted joined 
the Shawanese, & told the five Nations that we are 
Men. This without Doubt made the five Nations more 
willing to chastise them at this time. 

Tedyuscung <fc his Son Gapt n Bull mentioned in Sir 
William's letter, has been much caressed, <fe often 
kindly treated at Philadelphia. It is evident from 
this that kind usage is not sufficient to preserve the 
friendship of Indians while they are not afraid of pun- 
ishment. I am with the highest respect My Lord 



THE COLI>EN PAPERS. 315 



To the Hon blk Sin William Johnson Bart. 

New York, Marcli 26 th 1764 
Dear Sir, 

Yesterday I received your favour of the 16 th . My 
joy is doubled when I receive .accounts of your Suc- 
cesses. I rejoice in common on the Advantages 
gained to the Nation, <fc I have another joy more ex- 
quisite that these Advantages are gained by your Con- 
duct. 

Your meeting with the Chenessioes at this time must 
be of the greatest consequence. If they will not punish 
the persons who excited them to revolt & to commit 
so many cruel & barbarous murders can their friend- 
ship be depended on ? Or can any peace with them 
be lasting when their friendship to a few Men the in- 
veterate Enemies of the English is of greater weight 
with them than all the Power of the English to revenge 
the Injuries we have received ? Until they are made 
to have a better opinion of our strength <fe resolution 
no peace with them can be safe, nor while they retain 
any pretensions to molest the Passage between Oniagara 
cfe Lake Erie. One part of the atonement for the In- 
juries done should be giving up all Pretensions to the 
Country on both side the streights between the lakes 
Ontario tfe Erie. 

The 14 Indians you sent down are now in Jail. I 
have not time to make any further enquiiy about them 
before the post goes. 

It gives me uneasiness to be obliged so repeatedly to 
write that I cannot serve Capt n Johnson in the place he 
desires. All the lands between Fort Edward <fc Lake 
George are either already patented or granted to M r 
Harper in behalf of a number of Irish settlers, part of 
them already arrived, and the rest soon expected. 
This grant to Harper was made by General Monck- 
ton. I am in hopes that after the surveys are made 
for the other officers, some better spot may be dis- 



816 THE COLDEN PAPERS. 

covered for Capt n Johnson than any we know at 
present. 

I should likewise be glad to serve Capt n Duncan, 
but as I am only empowered by the Proclamation 
to grant lands free of Quit rent for ten years the 
Conditions required in the Proclamation must be 
strictly followed, otherwise the grant will not be 
good. 

No Packet as yet arrived, it is every moment ex- 
pected. ' 

May the Success of your Negociations with the 
Chenessioes be such as I wish & then it will give the 
greatest joy to Dear Sir. 



To Charles W. Apthorp, Esq" 

Fort George, April 4 th 1764. 
Sir, 

I am inform'd that you have paid to the Prosecutors 
their shares of the Vessellsand Cargoes some time since 
seized by the Captains of his Majesty's Ships of War 
& Condemned in the Court of Admiralty. Please to 
pay to my son David, bearer hereof the nett proceeds of 
one third of those seizures now in your hands <fc due to 
me as Governor of this Province, & his receipt shall be 
a sufficient discharge from Sir Y r &\ 



To the R T Hon blb The Lords Commissioners for 

Trade & Plantations. 

New York 12 th April 1764. 
Mr Lords 

Having lately seen a Proclamation of the Govern- 
ment of New Hampshire in a Printed Paper, I now 
enclose it to your Lordships as it shews the necessity of 



THE COLDEN PAPERS. 31 7 

your Lordships comeing to some speedy Resolutions on 
this Point. 

From the recitals in my Letter of the 20 th of Janu- 
ary last, on this subject, it will appear with what 
candor this Proclamation is framed, and your Lordships 
may in some measure judge whether the truth of the 
artifices with which that Government is charged, be not 
thereby confirmed, viz: — The numerous Grants of Town- 
ships by New Hampshire on the west side of Connec- 
ticut River in so short a time as since the last Peace, 
cannot be with any view in the Persons who have re- 
ceived those Grauts to settle and improve those lands, 
but with a sinistrous view in a few Persons to put 
large sums of money in their pockets by jobbing & 
selling of Rights thro' all the neighbouring Colonies as 
appeared to the Council of this Province by several 
Persons going about this Province New Jersey & 
Connecticut Hawking & Selling their pretended Rights 
to great numbers of ignorant people at low Rates & 
defrauding them of large sums of money. That the 
Grantees had no view of settling & Improving the 
Land by themselves appears likewise by several adver 
tisements in the Newspaper in which Governor Went- 
worth's Proclamation is published, & inclosed with 
this. 

How low is it to give New Jersey as an Instance that 
the Pattent to the Duke of York is obsolete ? This 
can only be designed for ignorant People who know 
that the Proprietors of New Jersey hold under the 
Pattent to the Duke of York. If the Pattent to the 
Duke of York be obsolete & the Lands granted by that 
Pattent not now vested in the Crown as part of its 
Demesnes, New York has no bounds. 

I am persuaded that upon your Lordships mature 
consideration of this matter, it will evidently appear on 
the Principles of Justice, Policy <fc publick utility that 
the Jurisdiction of New York ought to extend to Con- 
necticut River as the Duke of York's pattent does. 
The commerce of the whole country on the west side of 



318 THE COLDEN PAPERS. 

Connecticut River is by Hudson's River, and the pro- 
duce of the northern part of that Country must be 
Transported, by that River. 

Above 400 Reduced officers and Disbanded Sol- 
diers have already applied to me for Lands pursuant 
to his Majesty's proclamation which at this time are 
to be surveyed for them, in that part claimed by New 
Hampshire. Your Lordships will perceive the neces- 
sity of determining the claim of New Hampshire 
speedily. 

People of all sorts who intrude on his Majesty's 
Rights in America, are very assiduous in prosecuting 
every measure that serves for their purpose : the care 
of the kind's rights in this Province is left to the 
Governor alone, without a single farthing to defray 
any Expense that may become necessary for that pur- 
pose : for this reason the Governor has no method but 
by applying to your Lordships. The multiplicity of 
business has often prevented the King's Ministers from 
takeing the Representations of the Governor into im- 
meadiate consideration, and as he cannot be at the 
charge of Sollicitors to remind your Lordships, these 
affairs have been often forgot. This has given great 
advantage not only to intrusions from the neighbouring 
Colonies, but to intrusions of private persons among 
ourselves. And delay at this time will certainly be 
prejudicial to his Majesty's Interest, prevent the benefit 
design'd for the Army in America, and the settling of 
that part of the country besides the inconveniences and 
perhaps mischeifs which may happen by the different 
claims of jurisdiction. 

These Things I flatter mvself will excuse these Re- 
peated Solicitations on this Subject from My Lords. 



THE GOLDEN PAPERS. 319 



To Sir Jeffery Amherst. 

New York April 13 th 1764. 
Dear Sir, 

• I have great pleasure in the honor you have done me 
by your very kind Letter of the 4th of February. The 
King's gracious reception I hope has entirely effaced 
the remembrance of a fatigueing <fe dangerous voyage, 
and is introductory to greater favours. 

Sir William Johnson has sent out several parties of 
the Five Nations against the Enemy Indians on the 
branches of Susquehanna <fe Ohio. The first Party 
consisting of 200 came up with a party of Delawares 
consisting of 41, surprised them <fe brought tliein in 
Prisoners of which 14 were delivered up to Sir William 
and are now in the Jail of this City, among them their 
Leader Captain Bull who had lately done much mis- 
chief on the Frontiers. They pretend that they were 
not going to war, but to Sir William and in proof 
of it say they had only six Guns cfe had their Women 
<fe Children with them. You know there is no trusting 
to what Indians aver. 

Another small party of nine, led by the Indian 
Thomas King attacked a party of ten, killed one and 
took 8 prisoners. This is the first blood shed by 
Indians in our favor. Several other parties are out 
but I have not heard of their success. Sir William 
has at this time about 200 Senekas with him, some of 
them Chenessioes. People in general are in hopes of 
Peace with them ; for I find any Service against Indians 
is disagreeable. In the meantime Col. Broad streets 
Expedition goes on. 

Pensilvania is in great disorder by their dissensions 
with their proprietaries. They are now come to the 
greatest highth & probably will put an end to the 
Proprietary Government. 

Ihe sense I have of your very kind offer of your 
friendship, and the experience 1 formerly had of it 



320 THE COLDEN PAPERS. 

• 

makes me freely open to you my desires. You kno.w 
that I am an old Man, I have served the Crown above 40 
years, sometimes in the highest station of Government 
as 1/ Governor <fc Commander in chief. The half 
salary and half perquisites my present allowance, at 
best give but a scanty subsistence with any kind of 
Regard to character not equal to what many Merchants 
in this place expend in their families. When I have 
not the Administration my Expence must be greater 
than in private Life without the smallest allowance 
from the Crown or from the Country. The Governor 
<fc L fc Governor are the only persons to guard against 
popular incroachments on the Kings Rights <fe Au- 
thority, <fc at the same time depend entirely on the 
goodwill of the People for subsistence. , 

At this time probably the Appointments in America 
will be established. May not some allowance to the 
1/ Governor of this Province without impropriety be 
among the Military Establishments there. Many Gov- 
ernors <fc L fc Governors in Britain and Ireland, if I mis- 
take not, w r ho have no Rank in the Army are upon 
the Military Establishment. 

If what I now write appear reasonable to you, it 
may be in your power to recommend this matter to the 
King's Ministers: I make no doubt you will take 
pleasure to make my little remainder of Life pass 
easy, <fc with some Degree of dignity in my Station. 
However this be, I shall while I live, reflect with the 
greatest satisfaction on that share of friendship with 
which you have pleased to honor Sir Your most 
Obedient <fc most Affectionately humble Servant. 



THE COLDEN PAPERS. 321 



To Major General Hon 8 " Robert Monckton 

New York, 14 th April 1764. 
Sir, 

I did myself the honor of writing twice to you since 
you left this place, but have not the pleasure of re- 
ceiving any answer. 

M r . Chambers dyed four days since. By his death 
a vacancy happens in the Council. I have recommend- 
ed my oldest son Alex r . to succeed him. If you please 
to give weight to it by your recommendation it will 
extreamly oblige me <fc strengthen my hands while I 
have the administration. When you return he will be 
as usefull to you as any other & none can be more de- 
sirous to serve you. 

Sir William Johnson has sent several Parties of the 
Six Nations against the Savages who made inroads on 
our frontiers. Two of them have had success <fe more 
is expected from the others. Sir W ms son is gone out 
with the last and largest Party. 

Our Assembly had made provision for Guards only 
to the 1 st of next Month. 1 am therefore obliged to 
call them at this time to make farther provision for 
that service till such time as we may safely trust to 
the fidelity of the Indians. I am with the greatest 
Respect 



To the R T Hon BL£ Lords Commissrs. for Trade & 

Plantations. 

New York, April 14 th 1764. 
My Lords, 

Four days since John Chambers Esq r dyed. By his 
death a seat in the Council of this Province is become 
vacant. I hope your Lordships will not be displeased 
with my recommending my oldest Bon Alexander Col- 
den to succeed him. He is Surveyor General of his 
21 



322 THE COLDKN PAPERS. 

Majesty's Lands in this Province. He is as capable as 
any other in this Place, and I am confident he will per- 
form his Duty with zeal for his Majesty's Service. At 
the same time this appointment will strengthen my 
hands while I have the Administration. 

By this Packet I transmit a Box containing the Acts 
passed in the last Sessions of the General Assembly of 
this Province with the Minutes of Council and other 
Papers which I am directed to transmit to your Lord- 
ships. A particular List of which I enclose. 

Sir W m Johnson has sent out several Parties of the 
Five Nations against the Dela wares who in conjunction 
with a number of Rogues and Robbers from the other 
Nations have infested the frontiers of Pensilvania. 
Two of the Parties have had success, <fc I hope by their 
means the frontiers will be safe till such time as a Peace 
can be secured on a lasting foundation. 

By all the Accounts which I have received from our 
Traders and others who have been Prisoners among 
the Indians the late Revolt was intirely owing to the 
instigation of the French, in which the Senekas, one of 
the five Nations, zealously assisted them, but that now 
all the Nations are desirous of a Peace <fe renewal of 
Friendship with the English, and are convinced of 
their having been grossly deceived. The Senekas par- 
ticularly I am told are under great apprehensions of 
the resentment of the English, <fe of that punishment 
which they well deserve. They have been the most 
mischievous of any. I shall not trouble your Lordp 9 
with particulars, as I expect you will receive them by 
this Packet from Sir William Johnson with more cer- 
tainty than I can give them. 

The provision made by the Assembly for supporting 
the Guards on our frontiers ceases the first of next 
Month. I have therefore called the Assembly to meet 
next Tuesday, to make farther provision for that ser- 
vice. It seems to me extreamly imprudent to trust the 
safety of the Province to the fidelity of Indians at least 
before Peace with them is well secured by their being 



THE GOLDEN PAPERS. 323 

convinced that it is in our power to punish severely 
any breach of it I am with the greatest Respect & 
Submission, 



To Sir Jefp. Amherst. 

New York, April 14 th 1764. 
Dear Sir, 

Yesterday I acknowledged the honor you have done 
me by your very kind Letter of the 4 th of February. 
Capt. Shackerley has the care of that Letter. 

This Evening I received a Letter by Post from Sir 
Wni Johnson, an extract of which is on the other side. 
I believe you will be pleased to have an early account 
of any extraordinary Events which happen in this part 
of the World, & for that reason I could not omit send- 
ing this by the Packet which is to sail tomorrow 
morning. 

It will give me the greatest pleasure to serve you in 
every thing that is in my power, & therefore I beg you 
will do me the honour of your commands without re- 
serve : for I siucerely am with the greatest respect and 
esteem Sir, <fc c 



To Major General Gage. 

Fort George 15 th April 1764. 
Sir, 

I have the honor of yours of yesterdays date. The 
informations which I have of the Company of 173 
Men agrees with yours, that they can be of little or no 
use in the ensuing Service, unless they be recruited and 
continued as long as the rest are. I shall therefore 
recommend to the Assembly as soon as they meet, 
which is to be next Tuesday, that they enable me to 
recruit them & to continue them in the Service for the 
same time the others are continued. 



324 THE GOLDEN PAPERS. 

I congratulate you on the news, which no doubt you 
have received from Sir W m Johnson. As matters now 
stand with the Six Nations your future operations will 
be made very easy. I am with the Greatest Regard 
Sir <fe c . 



To Sir W* Johnson. 

Fort George, April 14 th 1764. 
Dear Sir, 

I have received great joy by your favour of the 6 th 
not only for the great services you have done your 
country, but likewise for the great reputation you have 
thereby gained. Without doubt the whole Province 
join with me in the joy. May your son return in 
safety & with honour, that the satisfaction you must 
now have in your Mind be not allayed. 

I am really anxious to do Capt n Johnson all the ser- 
vice in my power. Several of the officers have located 
their Petitions in the parts you have mentioned, but I 
think a better place than any you have thought of may 
be now found. The Land granted to Major Skene is 
now to be surveyed, when that survey is done, no 
doubt we shall find a good place. For that purpose I 
have directed My Son to make out the form of a peti- 
tion now generally used, which Capt n Johnson may 
have copied over because it will be better not to appear 
in my Son's Hand, and have it Dated the 2' 1 of April, 
least some other officers in the meantime apply for the 
places mentioned in the Draft which my son sends. 
At the same time Capt. Johnson must apply to General 
Gage for a Certificat that he has served in America & 
is now a Reduc'd Officer. 

You give me great pleasure by advising witli me as 
a friend in your Private affairs. You know that by 
the King's Proclamation all purchases of Lands from 
the Indians must be made by the Gov r . in Person. I 
shall very chearfully make you a Visit sometime next 



THE COLDEN PAPERS: 325 

Summer for that purpose. In the meantime, I think 
it may be proper to prevent delay, to have the Land 
run round in the presence of a number of Indians by a 
Surveyor whom I doubt not my son will depute, as 
soon as he shall know your pleasure. By this means 
the bounds of the Tract may be well ascertained, & the 
survey at the time of the Purchase may be declared to 
be made in their presence, and with their full consent. 
So far I do not want the consent of Council, but after- 
wards their consent will be necessary in order to obtain 
the Grant. As things stand at present I do not im- 
agine they will refuse their Consent. If they should, 
I will take it upon myself with the assistance of your 
friends in England to obtain the Kings order for a 
grant of that Land to you, without your appearing 
directly in the application. 

I think it proper the survey be made as soon as may 
be before you set out for Niagara, but I imagine the 
Purchase cannot be made formally till after your 
return. 



To M B Waddle Cunningham, Merchant, New York. 

New York, 
Sir, 

Agreeable to your Request I return you two of the 
Three Memorials you presented praying to be relieved 
against the Prosecutions commenced against you at the 
suit of the Crown. On my laying them before the 
Council, though they as well as myself looked on your 
case in a Light which would have entitled you to a 
favourable Opinion they thought it improper for them 
to intermeddle therein, and without their concurrence I 
cannot take on me to grant you a Nolle Prosequi. I 
have directed M r Banyar to deliver you a copy of your 
Second Memorial; the original must remain in the 
office, as it appears by the Minutes to have been read 
in Council. I am Sir. 



326 THE COLDER PAPERS. 



To Charles Ward Apthorp, Esq". 

Fort George, May 4 th 1764. 
Sir, 

I am sorry to find by yours of this days date that 
you think your character & Reputation to be hurt by 
my delaying to admit you of his Majesty's Council of 
this Province on the authority of the Copy of the Man- 
damus which you delivered to me. It is not from any 
suspicion of that Copies being false, but from its not 
being of sufficient authority to justify me. In public 
acts of government of so high a nature as this, a Gov- 
ernor is not to be directed by his private Opinion, but 
by Established forms and which in this case have all- 
wise been under the Kings Sign Manual & Signett <fc I 
am unwilling to set a precedent which may be intro- 
ductory of arbitrary & irregular proceedings. In a 
few months you can have a Duplicate of the Original 
Mandamus & then I shall with pleasure admit you to 
the Council Table & receive your Advice. I am Sir 
Your humble Serv*. 



To the Right Hon™* Earl of HallIfax. 

New York, May 8* 1764. 
My Lord, 

M r Charles Apthorp about a fortnight since delivered 
to me a copy of his Majesty's Mandamus to admit him 
(M r Apthorp) of his Majesty's Council of this Province, 
which Copy is Certify ed to be a true Copy of the entry 
made of the original Mandamus in the books of the 
Earl of Hallifax s office by John Larpent. 

It has been an established rule to admit no person to 
a seat in his Majesty's Council otherwise than by the 
King's pleasure, signified under his Sign Manual &, 
Signet, & no instance I believe can be given to the con- 
trary. 



THE COLDKN PAPERS. 327 

M r Larpent who certifies the copy is unknown to me, 
he designs himself by no office to give him authority. 
I am only told that he is a clerk in the Secretary of 
States office. Supposing it be so the Attorney General 
assures me that this copy cannot be admitted as Evi- 
dence in any Court <fc is not of sufficient authority to 
justify me. 

I humbly conceive my Lord that certain solemnities 
forms & rules are wisely established in acts of govern- 
ment, to preserve a proper dignity, to prevent arbi- 
trary proceedings & irregularities productive of Con- 
fusion ; and that these established forms & rules are 
never to be departed from without evident necessity. 
In the present case there can be no necessity since a 
Duplicate of the Original Mandamus may be obtained 
in a few Months by the regular return of the Packets. 

The Assembly of this Province had provided for the 
support of the Guards on our frontiers, <fc for part ol 
the Provincial Troops that had join'd his Majesty's 
Regular Troops only the first of this Month, which put 
me under a necessity of calling the Assembly to meet 
in the last Month. They very cheerfully in a short 
sessions provided for these deficiencies. 

By the last Letters which I received from Sir W m 
Johnson he makes no doubt of a peace with all the 
Western Indians & that the Delaware & Shawanese 
only remain in Hostility against whom he has sent 
several Parties of the Six Nations who he expects will 
effectually chastise them. I make no doubt your Lord- 
ship will have a more particular account of these things 
from Sir William himself, who is a better judge how 
far Indian Promises may be depended on at this time, 
than I am. I have the honour to be My Lord 



328 THE OOLDEN PAPERS. 



to the r t hon ble the lords commissioners for 

Trade & Plantations. 

New York 14 th May 1764. 
My Lords, 

The Assembly having in the Sessions last Winter 
provided for the support of the Guards on the Fron- 
tiers and of part of the Provincial Troops who have 
joined his Majesty's Regular Troops to the l 8t of this 
Month ; I was obliged to call them last Month to make 
Provision for those services which they have chearfully 
done, as will appear by the Printed Minutes of a very 
short session which I enclose. 

By the letters which I have lately received from Sir 
William Johnson, we have reason to expect that Peace 
and Tranquility will be restored with all the Western 
Indians which I am inclined to believe from the ac- 
counts I have otherwise received that the Chenessioes 
and Indians at Detroit who had been in hostility are 
under great apprehensions from the preparations mak- 
ing at Albany of being chastised ; and are very desirous 
of being received into favour on their humble submis- 
sion. Inclosed is a copy of Sir Williams last Letter to 
me, who is a better judge than I am how far we may 
depend upon the faith of Indians. 

There is something so singular in the enclosed Minute 
of Council, that I have thought it my duty to transmit 
it to your Lordships. The Larl-of Stirling came to me 
with M r Apthorp who delivered to me a copy of the 
Kings Mandamus to admit M r Apthorp of his Majesty's 
Council of this Province certified by John Larpent who 
they told me is a clerk in my Lord Hallifax's office. 
At that time I expressed my doubt of that copy's being 
of sufficient authority to justify me, & told them that 
I would consult the Attorney General which I did. 
The Attorney General assured me that this copy is no 
Evidence in any Court, and in consequence could not 
justify me. 



THE COLDEN PAPERS. 329 

Next Council Day I mentioned my doubts of the 
copy's being of sufficient authority. The Earl of Stir- 
ling gave his opinion warmly to the contrary, & before 
he could know my resolution, for I had not then formed 
any, he told me he would have his opinion entered on 
the Minutes. The reasons which determined me appear 
in the Minutes inclosed. I am My Lords, <fc c . 



To Sir W m Johnson. 

Spring Hill, Flushing, May 25 th 1764. 
Dear Sir, 

I have your kind favour of the 28 th of last month. 
Nothing farther on the subject-matter of some parts 
of it I suppose can be done till after you shall have 
returned from Niagara & finished the important matters 
you have now in hand. 

Some persons have applied to me for Licenses to 
Trade with the Indians. I am in doubt whether any 
Trade can be properly allowed at this time ; and if it 
be allowed under what limitations & conditions it is to 
be put. None more capable of adviseing me than you 
are, and therefore I beg the favor of your advice as 
fully as your present hurry of business will permit. 
My inclination is that private Persons may have all 
reasonable advantages of that Trade but at the same 
they be restrained from doing anything which may be 
prejudicial to the public service, Peace and Tranquility. 
How this may be most effectually done I hope to learn 
from you, & in what Sum the penalty of the Recog- 
nizance for observing the Instructions given them ought 
to be. 

No doubt the General has informed you that the 22 nd 
Regiment destined for Illinois is returned to New Or- 
leans having not been able to get up against the stream. 

Every account of the success of your measures gives 
great pleasure to Sir, Y r 



330 THE COLDEN PAPERS. 



To General Gage. 

Spring Hill, May 31 st 1764 
Sir, 

I have the honor of your's of the 19 th with an ac- 
count of the difficulties the 22 nd Regiment met with in 
their passage towards the Illinois which obliged them 
to return ; 1 hope this will not be attended with pre- 
judice to the publick Service, & that it may be of 
means to convince the Indians how much they stand in 
need of commerce with us. 

Some have lately applied to me for Licences to 
Trade with the Indians. I am desirous of encourag- 
ing Private Persons in every branch of useful com- 
merce, but as I doubt of its being prudent to Grant 
Licences at this time, I beg the favor of your Opin- 
ion. 

I must beg you'l excuse my waiting on you next 
Monday, as the Gentlemen of the Council sometime 
since have given me expectations of their Company in 
this place on that Day. I am with the greatest Regard. 
Sir 



To Robert Charles, Esq. 

New York June 8 th 1764. 
Sir, 

You have obliged me much by your favour of the 
14 th of April inclosing the act for laying duties in the 
Colonies. When I transmitted the Merchants Memorial 
to the Board of Trade, I gave my sentiments freely, 
now I am to obey. It will certainly have the good 
effect of restraining the growing luxury of this Colony, 
& lessen our expense when we cannot buy, but whether 
this will be for the advantage of our mother Country, 
I am not the proper judge. 

The arguments that Paper money be not a legal 



THE COLDEN PAPERS. 331 

tender are unanswerable. Notwithstanding of this, a 
total and sudden suppression must be attended with 
great difficulties & nardships which may throw the 
Colonies into perplexities & confusion. 

Almost all the reduced officers and disbanded soldiers 
in N° America have applied to me for the Kings bounty 
in Lands. I have none to grant them but those which 
are claimed by New Hampshire in my opinion without 
the least pretence of Right. If the Ministers do not 
support the Right of this Province, the Reduced Offi- 
cers and Soldiers will suffer, for many of them have 
already been at considerable Expence in order to settle 
& Improve, & they will intirely loose the benefit of 
the Kings gracious intentions in their favour. They 
are very impatient to know the effect of my Letters to 
the Plantation Board on this Subject. 

Be assured Sir that it will give me pleasure to do 
whatever I think may be agreeable to you & that I 
am with great Regard Sir, Your most obedient humble 
Servant, 



To Mess m David Van Hornk, John Bogard, Jun r 
and Richard Sharpe, New York. 

Spring Hill, 7 th June 1764. 
Gentlemen, 

It appearing by Petitions which have been presented 
to the Earl of Hallifax, one of his Majesties principal 
Secretaries of State that David Van Home John Bo- 
gard, Jun r and Richard Sharpe of New Yorke were 
owners of the ship the Dove, taken on the 18 th of Jan- 
uary 1762, for the Ransom of which Vessell Henry 
Constant doth still remain a Prisoner at Bourdeaux : 
His Lordship hath signified to me his Majesty's Pleasure 
that I do call upon the said Owners forthwith to cause 
the Ransom of the said Ship the Dove (being 30,000. 
Livers Tournois) to be discharged and in case of their 
neglect or refusal that I cause Prosecution to be com- 



332 THE C0LDEN PAPERS. 

menced against them for the same in his Majesty's 
Court of Admiralty within this Government 

Your communicating to me the method you shall 
take for the immediate discharge of the Ransom Bill, 
will leave no occasion for so disagreeable a Measure. 
I am Gentlemen, 

P. S. — I intend to be in Town on Saturday next. 



To Gen l Gage. 

Spring Hill, 14 th June 1764. 
Sir, 

The Lands reserved for the use of the Garrisons of 
Crown Point and Ticonderoga are the same mentioned 
in yours of the 12th, <fc the limits were taken from the 
Commissions of the Governors. No extent was given 
from the Block Houses at the Landing <fc Saw Mill. 
I have ordered ten acres to be reserved at each of them, 
which I think sufficient for any publick use there. 

As I am directed to grant Lands to the Reduced 
Officers on the same conditions Reservations & re- 
strictions on which Lands are usually Granted in this 
Province I think that I am not at liberty to make any 
new conditions or restrictions to them to which others 
are not subjected. No man would submit to a condi- 
tion that the Garrison may cut wood on his land at 
their pleasure, and there can be no necessity for such 
condition. Great quantities of woodland not fit for 
cultivation will always remain on the banks of Lake 
Cham plain not appropriated to private use. 

I am with the greatest' Regard Sir 



THE COLDEN PAPERS. 333 



To G L Gage. 

Spring Hill June 25 th 1764. 
Sir, 

Yesterday I received your favor of the 20 th — A mas- 
ter of a vessel applied to me for leave to carry some of 
the French Neutrals to Cape Francois. I only answered 
that I would think of it and heard no more of him or 
them. Last week a French Gentleman, S r Nadeau de 
Belair delivered to me a Letter from the Mrq 8 De 
Fenelon Gover 11 of Martinique wherein he writes that 
by order of the King his master he sends this gentle- 
man to carry from this Province about 150 Accadians 
& that he be allowed to buy a vessel 1 for that Purpose. 

This Gent" tells me that he arrived in Philadelphia 
and designs to go to Canada where he has a family, 
and thinks he cannot return before next October, but 
in the meantime with my permission he would hire a 
vessell & send off the Accadians who are desirous to 
go. Some of them he finds are willing to remain. I 
directed him to give me a list of those who are desirous 
to go, after which I would take the advioe of the Coun- 
cil. I have no directions with respect to these Acca- 
dians & as to my own Part I can see no use in detaining 
them against their will. We would thereby harbor an 
enemy in our bosoms. But as you may be better 
informed than I am I must beg the favour of your 
Opinion. I perceive from what you write it will be 
impossible to prevent their being carried off by some 
of our own Vessells in hopes thereby to procure liberty 
or an opportunity of Trading. 

You have given me great pleasure in the expecta- 
tion of the honor of a visit. I am with greatest sin- 
cerity Sir 



384 THE COLDEN PAPERS* 



To G w Banyar Esq" 

Spring Hill, June 28 th 1764. 
Sir, 

I have your favour of the 26 th with the Opinion of 
the Gentlemen of the Council with respect to the Gov r 
of Martinique's requisition. When I sent the Copy of 
his Letter to you, 1 had viewed the case of the French 
Accadians m a different light from what the Gentle- 
men seem to see it. These Accadians were neither 
treated as Subjects in Rebellion nor as Prisoners of 
War, & for that reason I suppose they obtain'd the 
name of Neutrals, neither Subjects nor Enemys. I 
know not that the king has at any time given direc- 
tions to any of his Governors where these people are 
since their expulsion from Nova Scotia. It is probable 
the Kings Ministers have thought it most prudent to 
leave those People to the discretion of the several 
Governments where they reside without being explicit 
on that subject. I thought it impolitic to retain a 
number of disaffected people in our bosom who may 
on many occasions be more mischievous than they can 
be usefull, & I suspect that some of our Trader 
will from time to time carry off privately some of 
these French Neutrals in order to facilitate a Trade 
with the French Islands, & that this cannot be pre- 
vented. 

But in this case I shall not be governed by my own 
private opinion. I shall be directed by the advice of 
the Council. Please to desire the Gentlemen of the 
Council to meet together & communicate to them what 
I now write, & if they please to allow you at my 
desire to enter their advice on the Minutes of Council 
it will ease me of the trouble of going to Town at this 
time. According to their Advice give Orders from me 
to Mons r De Belair in such manner that the Marquis 
de Fenelon may have no cause to complain of want 
of respect to him, or of any disregard to the Amity 



THE COLDEN PAPERS. 335 

happily established between the Crowns of Great 
Britain and France. 

I am of opinion that our having a list of all the 
Neutrall French in this Gover 1 & where they reside 
may be of use whatever the advice of the Council be. 
I am with great Regard. 

It is probable that I shall be in Town soon after the 
Packets arrival. 



To the Right Hon bli Earl of Hallifax. 

New York 7 th July 1764. 

In obedience to your Lordships Commands of the 
14 th of April, I called on David Van Home, John 
Bogart Jun. & Rich d Sharp, owners of the ship Dove 
taken the 18 th January 1762, for the Ransom of which 
ship being 30,000 Livers Tournois, Henry Constant 
was detained Prisoner at Bourdeaux. In answer to 
which they produced to me a Letter from Joseph Scot 
their Correspondent in London dated the 12th of 
April 1764, which contains the following Paragraph. 
I have settled the account with Peter Simond & 
paid him £971. 10. in full Ransom & Charges the 
9th Inst. <fc sent Henry Constant 10 Guineas to pay 
his Passage <fe c so that we may expect him here in 3 
or 4 Weeks. 

As his Majesty's Pleasure is fully complied with I 
think nothing is farther necessary to be done by, My 
Lord, <fe c 



To the R T Honble, Earl of Halifax. 

New York, July 9 th 1764. 
My Lord, 

You have made me quite happy by your Letter of 
the 12th of May. His Majesty s approbation of my 



336 THE COLDEN PAPERS. 

feeble endeavours in his service exceeds all my hopes. 
May my future conduct preserve the Kings favour & 
your Lordships Patronage. 

General Gage frequently converses with me on In- 
dian affairs & I never fail to give him all the informa- 
tion I can. 

Sir William Johnson is gone to the Congress which 
he appointed with the Western Indians at Niagara, 
where I have reason to hope he will establish Peace on 
a solid foundation. His application to business, his 
fatigue & patience with the humours & insolence of 
the Savages is truely extraordinary, for which a peculiar 
turn of Mind & Temper is requisite, & which Sir Wil- 
liam is possessed of beyond any Man I ever knew. In 
about six weeks we may know the success of his nego- 
tiation. 

It is with good reason believed that the Indians who 
have lately ravaged the frontiers of Virginia &> Pensil- 
vania are furnished with ammunition from the French 
Governor of the Illinois at Fort Chartres. The easiest 
communication with the Illinois Country, the Traders 
tell me is by the Ohio River. Fort Chartres being 
only 40 Leagues above the Mouth of that River, 
while all communication between the English Colonies 
and the Indians is cut off. The French in the Illinois 
must reap great profit by their Trade with the Indians, 
&, will invent every excuse they can to evade or delay 
their evacuating that Country. 

Not a single person has been killed on the frontiers 
of this Province. The Indians seldom attack those who 
are on their Guard. 

We have a Report that a Cheif Justice is appointed 
for this Province; allow me to observe my Lord that 
the office of Cheif Justice of this Province requires a 
Man of both ability & Resolution, <fc is really wanted 
at this time. 

I beg leave to observe to your Lordship that there 
is no instance in this Province, when a new great seal 
has not been sent over in less time than since the ac- 



THE COLDEN PAPERS. 337 

cession of the present King; & that this Province 
ever since the Revolution has had the honor of the 
King's and Queen's Pictures sent to be put up in the 
Council Chamber. 

I most humbly thank your Lordships for the honour 
you have done me in takeing such particular notice of 
what I formerly wrote. It shall be my most earnest 
endeavour to preserve your regard, & the honour of 
being with the greatest sincerity &, Submission, My 
Lord, your most Obedient, and faithf ull Servant. 



To the Right Hon 1 ** Lords Commss* 8 for Trade and 

Plantations. 

New York, July 13 th 1764. 
My Lords, 

I have the honour of two Letters from you both 
dated the 11 th May. One containing printed Copies of 
seven acts of Parliament, the other your Lordships 
commands to make out an account of the Bills of 
Credit of this Province pursuant to the Address of the 
House of Commons. 

I have great hopes that the Encouragement given 
for the raising of Hemp & Flax will have the desired 
effect as we have large quantities of Land in this 
Province fit for the culture of Hemp. I am told that 
this year one farmer has sowed fifty bushells of Hemp 
Seed. 

I have given orders to the Treasurer of this Province 
to make out without Delay the accounts which your 
Lordships demand, & I shall transmit them as soon as 
compleated. 

A few Weeks since the Marquis de Fenelon Governor 
of Martinique sent a French Gentleman with his Letter 
which he says he writes by the order of the King his 
Master desiring leave for this Gentleman to buy a ves- 
sel to transport 150 Accadians which he is informed 
22 



338 THE COLDEN PAPERS. 

are in this Province. I have answered that as I have 
no directions in relation to these Accadians I cannot 
comply with his request without previously communi- 
cating the same to his Majesty's Ministers & receiving 
the King's commands thereon. I now wait your Lord- 
ships pleasure & directions in relation to these Acca- 
dians. They are at full liberty to provide for them- 
selves anywhere in this Province and live well <fc 
plentifully by their Labour and industry. I am with 
entire Submission My Lords, <fcc. 



To the R T Hon"" Earl of Hallifax. 

New York 7 th July 1 764. 
My Lords, 

In obedience to your Lordships commands of the 
14 th of April, I called on David Van Home, John Bo- 
gart, Jun r & Rich d Sharp, Owners of the ship Dove 
taken the 18 th of January 1762, for the ransom of which 
ship, being 30,000 Livres Tournois, Henry Constant was 
detained Prisoner at Bourdeaux. In answer to which 
they produced to me a Letter from Joseph Scot their 
Correspondent in London dated the 12th of April 1764, 
which contains the following paragraph : / have settled 
tlie account with Peter JSi?nond <§- paid him £971 : 10: 
in full Hansom if charges the 9* Inst. § sent Henry 
Constant 10 Guineas to pay his Passage tff so we may 
expect him here in 3 or 4 weeks. 

As his Majesty's Pleasure is fully complied with, I 
think nothing is farther necessary to be done by My 
Lord <fcc. 



THE COLDEN PAPEHS. 339 



• 



To H19 Excellency the Marquis de Cruilla Vice 
Roy of Mexico and its Dependency's. 

Fort George New York 

19 th June 1764. 
Sir 

Before the commencement of the late war M r Walton 
who is one of the* members of his Majesty's Council 
here, determining to send his Nephew to Havana for 
the recovery of a Ballance due to him in virtue of a 
Royal Schedule from the King of Spain which has 
been obtained by Lord Bristol Embassador at the 
Court of Madrid, I took the liberty of recommending 
him to the protection of his Catholick Majesty's Gov- 
ernor at Havana and of requesting that he would 
facilitate to the utmost of his power the dispatch of an 
officer so very interesting to that Family: But the 
rupture between the two Courts being known on his ar- 
rival he was obliged to return without accomplishing 
his Business. 

Encouraged by the Establishment of Peace, and not 
doubting but the subjects of both powers, will recipro- 
cally partake of every advantage arising from that 
harmony and good understanding thus happily restored 
between the two Courts, M r Walton hath resolved to re- 
new his application, & in consequence now dispatches the 
sloop Live Oak, Jonathan Laurence Master to La Vera 
Cruz with Powers to D n Martin de Miranda Tellichia, 
Resident there to transact this matter in his Behalf. 

Permit me therefore Sir to recommend to your Ex- 
cellency's attention the case of this Gentleman. It is 
a Demand perfectly well established; has been long 
ascertained and adjusted, and as by an Express article 
in the late Treaty it can be no ways affected by the in- 
tervention of a war. I must, therefore, from your Ex- 
cellency's known honour and justice rely on your giv- 
ing Orders for the immediate payment of the Ballance 
whatever it shall appear to be, to the abovenamed 



340 THE COLDEN PAPERS. 

Agent of M r . Walton & that the Master when prepared 
for his return may be furnished with the proper dis- 
patches for his safe Conduct. 

Your Excellency may be assured of my desire on all 
occasions of manifesting the like good disposition in 
favour of the subjects of Spain, and that I shall be the 
more happy in receiving your Commands, as they will 
give me the opportunity of Testifying that high Re- 
spect and Esteem with which I am, & c . 



To The Right Hon bl " The Lords Commiss m . for 

Trade & Plantations. 

New York, 9 th August 1764. 
My Lords, 

I have received his Majesty's additional Instructions 
of the 6th of June last under cover from your Lord- 
ships office. In obedience to it I have issued a Procla- 
mation of which a copy is enclosed, & I have likewise 
given directions to the Secretary to prepare Orders for 
every public office in pursuance of the same Instruc- 
tion. 

I never asked or demanded any Fee or Gratuity 
*ince the Government of this Province has been in my 
hands, but have received from the officers whore the 
same has been usually paid the Fees paid there for the 
Governor. I never gave any direction to those offices 
in relation to Fees received ior me. 

Now on enquiry I can assure your Lordships that I 
•have not received any greater Fee or Gratuity than has 
been received by every preceding Governor for above 
forty years past, &> I believe few Fees in the public 
offices of Great Britain are upon a better establishment 
I have at no time since I have had the Government of 
this Province received one penny as fee or gratuity for 
any one Commission which I have given either civil or 
military tho' I have had occasion to issue many of 



THE COLDEN PAPEBS. 341 

both kinds, and I have heard that the practice has 
sometimes been otherwise. 

I know of no complaints of exorbitant fees taken in 
the public offices, since the accession of the late King. 
About that time the Assembly of this Province know- 
ing that M r Burnet then Governor was soon to be suc- 
ceeded, published the most unjust Resolves and inju- 
rious to his character as Chancellor in which they corar 
plained of exorbitant fees taken in that Court. The 
Governor by advice of Council reduced the fees in the 
court of Chancery so far that the officers declined acting 
in consequence of which this Court for many years re- 
mained in effect shut up till some years since the cases 
in which his Majestys subjects required Relief in 
Equity grew so numerous that the practitioners were 
under a necessity of proceeding ; and meeting many de- 
lays & difficulties for want of proper officers they 
moved me to have the fees in the Court of Chancery 
re-considered that proper persons may be encouraged 
to take the necessary offices on them. On which I ad- 
vised with his Majesty's Council, & it is now under 
their consideration. My Lords, you cannot easily im- 
magine that the Governor of New York when in the 
court of Chancery has no proper officer to attend to 
preserve decorum of the Court & to secure him from 
insults, nor on any other solemn occasion, & yet the 
case is really so. 

It may be proper likewise to observe to your Lord- 
ships that by his Majesty's Instructions, the Lieuten- 
ant Governor while the administration is in his hands 
receives only half the salary & half the fees & per- 
quisites. When the fees & perquisites were first 
established a piece of eight passed for Six Shillings in 
current money now they pass at eight shillings, and the 
fees are paid in the present currency without any 
allowance for the difference in the real value — Servants 
Wages Provisions & every necessary of Life are risen 
above double to what they were some years since. The 
manner of living among all Ranks of People is now 



342 THE COLDEtf PAPERS. 

at a much higher rate than formerly, so that it is with 
great economy that the Lieutenant Governor while he 
is invested with all the Powers and authority of the 
Governor in Cheif is able to find a bare subsistence 
with any regard to his rank & station in the Province. 
While the Governor in Cheif is in the Province the L\ 
Governor has not the least profit or Emolument by his 
commission. 

As the Governor's Fees are received in the Secre- 
taries office <fe naval office they will appear when these 
officers give an Account of the fees received in their re- 
spective offices for in truth I cannot otherwise tell you. 
Were I to continue in the administration of Govern- 
ment I would heartily wish that a salary were fixed 
such as his Majesty shall think sufficient to support the 
dignity of his Governor and not to be allowed to take 
any Fee or reward for any Service whatsoever. 

When the public officers shall have given in the ac- 
counts required of them, I hope your Lordships will 
find that there is no real foundation for such com- 
plaints as have been made. 

In the last place, My Lords, I am humbly of Opiniou 
that if your Lordships shall think proper to direct the 
Governor of this Province with the advice of his 
Majesty's Council to prepare Tables of Fees to be taken 
in every public office to be sent over to your Lordships 
for your approbation before they be finally inforced, it 
may prevent many inconveniency's that must happen 
in any other method & ease your Lordships of much 
trouble. I sincerely believe that great grounds of com- 
plaint arise from the dilatory & expensive proceedings 
in the courts of justice to the oppression of the Poor, 
& in many cases to the suppression of justice, I there- 
fore earnestly recommend this Grievance to your Lord- 
ships consideration in your directions to the Governor. 
I believe that the Expense of Law suits in this Prov- 
ince yearly amounts to more than four times the sup- 
port of Government. I am with the greatest Submis- 
sion My Lords. 



THE COLDEN PAPERS. 343 



A Proclamation. 

George the Third, by the Grace of God of Great 
Britain France and Ireland, King, Defender of tJw 
Faith, and so forth. Whereas frequent complaints 
have been heretofore made, that exorbitant Fees have 
been demanded and taken in the public offices in several 
of our colonies and plantations in America, for Busi- 
ness transacted in such Offices. And whereas it hath 
been represented unto Us, that there is great Reason 
to apprehend that such unwarrantable Demands and 
Exactions are still continued in some of Our Colonies, 
particularly on the Survey and passing Letters Patent 
for Lands. And whereas such shameful and illegal 
Practices do not only dishonour Our Service, but do 
also operate to the Prejudice of the Publick Interests, 
by .obstructing the speedy Settlement of Our Colonies. 
We do hereby express Our just Indignation at such 
unwarrantable and dishonourable Practices ; strictly 
enjoining and requiring all public officers whatever in 
their respective Stations, not to demand or receive any 
other Fees for public Business transacted in their 
Offices, than what have been established by proper 
Authority, upon Pain of being removed from their said 
Offices, and prosecuted with the utmost severity of the 
Law. In Testimony whereof, we have caused the 
Great Seal of Our Province of New York, to this Our 
Royal Proclamation to be affixed, and the same to be 
made Patent. Witness our trusty and well beloved 
Cad wall ader Colden, Esq. Our Lieutenant Governor 
and Commander in Chief of Our Province of New 
York, and the Territories depending thereon in Amer- 
ica, at our Fort in our City of New York, the Seventh 
Day of August, 1764, in the Fourth Year of Our 
Reign. 

Clarke. 

God save the King. 



344 THE GOLDEN PAPERS. 



Proclamation. 

By the Honourable Cadwallader Colden, Esq; 
His Majesty's Lieutenant Governor and Com- 
mander in Cliief of the Province of New York, 
and the Territories depending thereon in America. 



To 



Greeting : 



Whereas by His Majesty's additional Instruction to 
His Captain-General and Governor in Chief of this 
Province, given at St. James's the Sixth Day of June 
last, among other Things therein contained, he is strictly 
enjoined and required forthwith upon receiving the said 
Instruction, to cause fair Tables of all Fees legally es- 
tablished within the said Province, to be affixed up in 
every public*, Office within the same : And also forth- 
with to transmit to the Lords Commissioners for Trade 
and Plantations, in order to be laid before His Majesty, 
an exact and authentick List or Table of all Fees allowed 
to or taken by each Officer respectively within the said 
Province, specifying by what Authority the Fees 
allowed to, or taken by each officer are established ; 
and distinguishing such, if any, as are taken without 
any such Authority. 

You are therefore, in Obedience to the said Instruc- 
tion, hereby in His Majesty's Name, strictly enjoined 
and required forthwith to affix up in your Office, a fair 
Table of all Fees legally established in this Province, 
as far as the same relate to your Office : And also 
forthwith to Return to me under your Hand, in order 
to be transmitted as aforesaid an exact and authentick 
List or Table of all the Fees allowed to, or taken by 
you ; specifying by what Authority the Fees allowed 
to, or taken by you, are established ; and distinguish- 
ing such, if any, as are taken without any such Au- 
thority. And hereof fail not. 



THE COLDEN PAPERS. , 345 

Given under my Hand and Seal at Arms, at Fort 
George in the City of New York, the Day of 

1764, in the Fourth. Year of the Reign 
of Our Sovereign Lord George the Third by the 
Grace of God of Great Britain, France, and Ire- 
land, iting. Defender of tlte Faith, and so forth. 



To the Right Hon ble Earl of Hillsborough. 

New York August 10 th 1764. 
My Lord 

I have the honour of your Lordships Commands of 
the 8 th of June which I communicated to his Majesty's 
Council of this Province. They observed that they had 
at Major Skene's Request, & on my recommendation 
of his Case advised me to grant to him 25,000 Acres of 
Land, including his improvements excepting one small 
piece which was at so great a distance from the rest that 
it could not be included in one Tract with the others 
conformably with the Kings Instructions. Which small 
piece was likewise included in a Tract which they had 
advised Governor Moncktou to Grant to the officers of 
the Artillery & which has since been surveyed for them. 

Having at the same time communicated the King's 
Order in Council to Grant 20,000 acres of Land to 
Major Skene, the Council concluded from the tenor of 
your Lordships Letter that he had not informed your 
Board of the Proceedings here in his favour and are of 
opinion that your Lordships intention is that he receive 
only 20,000 acres of Land including his Settlements 
and improvements : and therefore notwithstanding that 
25,000 Acres had been Surveyed at the desire of Major 
Skene's Agent, they advised me to grant only 20,000 
acres to him till his Majesty's Pleasure be known. In 
cutting off the 5000 acres, I shall take care that it be 
done in the manner least prejudicial to him, and that 
he lose none of his improvements thereby. 



346 THB COLDEN PAPERS. 

While this matter relating to Major Skene was 
under Consideration of the Council one of them told 
me that another order of the King in Council is in this 
place to Grant 30,000 acres of Land to Lieutenant 
Donald Campbell, & that he had seen it. 

I can conceive no reason why this Order of the King 
has not been presented to me, but that his Agent JVr 
Smith Jun r is conscious of its being obtained by mis- 
representations and false suggestions. L l Campbell 
before he went to England received from me a Grant 
of 10,000 Acres for himself his Brothers & Sisters, and 
he is likewise included in the General Orders I have 
Given to survey Lands for the Reduced Officers by 
which he is to have 2000 acres more without any Fee. 

Before L l Campbell went from hence I had granted 
47,500 acres more to the Persons whom his Fatner had 
deluded from Scotland into this Province and to their 
Children: and I never granted any land with more 
pleasure than this : for the Grant to these People when 
they arrived was obstructed by the fraudulent views & 
practices of the Father in respect to these People. 

I have good reason to suspect that L* Campbell has 
supported his pretensions by the History of New York 
written by William Smith, Junr. who is his agent here 
and that he has received his Instructions from M r 
Smith. 1 can take upon myself, if required, to shew 
from authentic Papers remaining in the office of the 
Clerk of the Council, that the account given in that 
History of this affair relating to the Scotch People is 
absolutely false and a misrepresentation of facts. In 
numerous other instances the Narrative in that History 
is inconsistent with Truth and Candor. It was written 
to serve the purposes of a Faction then in this Pro- 
vince, & with a view to asperse and weaken the ad- 
ministration. Any attentive reader may discover this. 

My Lord, you know that, in many Cases a Governor 
or Chief Officer cannot do his Duty without incurring 
the Malice & Resentment of Men, who are disappointed 
in their views & pretensions. It will appear from 



THE C0LDEN PAPERS. 347 

several Papers now in your Lordships office that I have 
had my share of such resentment : and therefore I 
flatter myself that your Lordship will not be displeased 
with the trouble of so long a Letter, tho' it be tne first 
which I have had the honor to write to you. 

If Ear be given to every private & perhaps Malici- 
ous suggestion without giving an opportunity to an- 
swer ; & severe censures be thereon published by the 
highest authority, the Kings officers are certainly to 
be pitied. I hope that by my letter of yesterday to 
your Lordships Board, I have sufficiently justified my- 
self with respect to any Fee or Perquisite which I 
have received. But as tne Proclamation which I have 
published must certainly create reflections among the 
People prejudicial to the characters of the Officers of 
Government, I am at a loss in the meantime how to 
behave before the officers can Justify themselves with- 
out being conscious of deserving any Censure especially 
in a place where there has been a long and continued 
effort to weaken the hands of Government. 

The Salary of the Governor in Cheif is £1800 cur- 
rent money, the half of this £900, which is allowed by 
the Kings Instructions to the Lieutenant Governor is 
not sufficient to support a family with any kind of 
distinction as every officer of the army who has been in 
New york can iniorm you. If the King shall please 
to Grant any Sum he shall think proper out of his Quit 
rents of this Province or otherwise, to the L l Governor 
in lieu of all fees whatsoever, I shall give them up 
with the greatest pleasure and satisfaction. 

I earnestly intreat your Lordship that you will 
please to give me your directions or advice as soon as 
may be convenient. This will greatly encourage me in 
my Duty, My Lord, Your most obedient & faithfull 
humble Servant 



348 THE COLDEN PAPERS. 



To the R T How™ Earl of Hallifax. 

New York, 11 th August 1764. 
My Lord, 

I have by the last Packet the honor of a Duplicate 
of your Lordships Letter of the 12th of May <fe your 
Letter of the 9 th of June. It is with the highest grati- 
tude I observe the regard you have to my Interest. If 
my Duty did not, which it ever has <fc shall, incite me to 
exert every faculty in his Majesty s Service, the obliga- 
tions you have laid me under not to be found unworthy 
of your favour certainly would. 

I must however own to your Lordship that his Ma- 
jesties Additional Instruction of the 6th of June has 
given me some shagrene, tho' not from being conscious 
of deserving any censure. The Proclamation which I 
have published in obedience to that Instruction must 
certainly create in the Minds of the People Reflections 
injurious to the characters of the officers in the Admin- 
istration, however innocent they or any of them be. 

I have wrote particularly to the Lords of the Planta- 
tion Board, and to my Lord Hillsborough from whom 
I have the honor of a Letter, as to any part which I 
imagined could concern myself. Be assured, my 
Lord, that I have advanced nothing which is not 
strictly conformable to Truth. I have been the more 
particular, because your Lordship knows there has been 
a long continued effort in this Province to weaken the 
hand of Government with prejudice to his Majesty's 
Rights and Authority : and I am afraid the Proclama- 
tion may add force to these Efforts. 

I am in daily Expectation of hearing of the success 
of Sir William Johnson's Negotiation with the Indians. 
He met a great number of them at Niagara, about the 
7 th of July. 

The People on the Frontiers of this Province remain 
quiet without molestation. I am with the most sin- 
cere affection My Lord, <fc c 



THE COLDEN PAPERS. 349 



To THE R T HoNBLE LORDS OF TRADE & PLANTATIONS. 

New York, 11 th Aug 1 1764. 
My Lords, 

As I was closeing my Letters to go by the Packett 
I received the inclosed Account from the Treasurer of 
this Province which 1 had directed him to make out, 
in obedience to your Commands of the 1 1 th of May. 

1 likewise inclose a printed Copy of the Kings Pro- 
clamation, & a printed Copy of the directions I send to 
every public officer in this Government, in pursuance 
of his Majesty's additional Instruction of the 6 th of 
June. 

I endeavour on all occasions to evince my zeal in his 
Majesty's service & that I am with in tire submission 
My Lords, & c 



Treasurer's Account. 

An Account of what Bills of Credit have been Emit- 
ted in tJds his Majesties Government in Hie Colony 
of New York since Jany. 1749, untill this present 
Year of our Lord 1764, togetlier with Hie time of 
tJieir currency, the funds appropriated for Sinking 
and Cancelling the said jBills, and the Excliange 
of both at the time w/ien such Bills were issued, to 
the date of this ace* to wit : 

1755. February 19th. 

Then passed an Act of the Governor Council and 
General Assembly for Emitting Bills of Credit to the 
value of £45.000. 

In the Year 1755. The Exchange then variable 
from 80 to 85 p r C* the medium of which being 82£ p r 
C fc making money of G. Britain £24.657. 10. 8£. 



350 THE COLDEN PAPERS. 

In the Year 1764. The Exchange then variable 
from 82£ to 85 p r C* the medium of which being 83J 
making money of G. Britain £24.489. 15. 11. 

The Currency of this Emission was by Act untill the 
first Tuesday in November 1761 • 

The fund for sinking & Cancelling the said Bills by a 
Tax on Estates both real <fc personal of all & every the 
Freeholders, Inhabitants & residents within this Colony 
And the Bills Cancelled every Six Months at the Treas- 
urers office by Commissioners appointed by Act for that 
purpose. 

1755. May 3. 

Then passed an Act as aforesaid, for limiting Bills 
of Credit to the value of £10,000. 

In the Year 1755. The Exchange then at 82£ p r C l 
money of G. Britain £5.479. 9. If. 

In the Year 1764. Ditto Exchange variable upon a 
medium 83f p r C l amounting to money of G. Britain 
£.3442. 3. 6£. 

This Emission was to remain current untill the first 
Tuesday in Nov r 1762. 

The fund for Sinking the said Bills was by a Tax on 
Estates both real <fc personall as aforesaid. 

1755. Sept r 11. 

Then Emitted by virtue of the said Act Bills of 
Credit to the value of £8000. 

In the Year 1755. The Exchange then at 82£ p r C l 
money of G. Britain £4383. 11. 3. 

In the Year 1764. Ditto Exchange variable <fc the 
exchange as above amounting to money of G. B. £4353. 
14. 10i. 

This Emission was to remain current by Act until! 
the first Tuesday in Nov r 1761. 



THE C0LDEN PAPERS. 351 

The fund for sinking the said Bills was by a Tax on 
Estates both real & personal as aforesaid. 

1756. April 1. 

Then, emitted by virtue of the s d Act Bills of Credit 
to the value of £10.000. 

In the Year 1755. The Exchange then at 85 p r C l 
money of G. Britain £5405. 8. 1^. 

In the Year 1764. Ditto Exchange variable & the Ex- 
change as above amount g to money of G. B. £5442. 3. 6f . 

This Emission was by Act to remain Current untill 
the first Tuesday in Nov r 1761. 

The fund for sinking the said Bills was by a Tax on 
Estates both Real & Personal as aforesaid. 

1756. April 1. 

Then Emitted by virtue of the said Act Bills of 
Credit to the value of £52000. 

In the Year 1755. The Exchange then at 85 p r C l 
money of G. Britain £28108. 2. 2. 

In the Year 1764. Ditto Exchange variable as above 
money of G. Britain £28299. 6. 5£. 

This Emission to remain current by Act untill the 
first Tuesday in November 1766. 

The fund for sinking the said Bills is by a Tax on 
Estates both Real & Personal as aforesaid. 

1758. March 24 th 

Then Emitted by virtue of the said Act Bills of 
Credit to the value of £100,000. 

In the Year 1755. The Exchange then from 70 to 
75 p r C' upon a medium 72£ Money of G. Britain 
£57971. 0. 3f 



352 THE COLDEN PAPERS. 

In the Year 1764. Ditto Exchange variable & cal- 
culated as aforesaid being money of G. B. £54.421. 15. 
4*. 

This Emission is to remain current by the aforesaid 
Act uutill the first Tuesday in November 17(58. 

The fund for sinking this Emission is by a Tax on 
Estates both Real & Personal as aforesaid. 

1759. March 7 th 

Then Emitted by virtue of the said Act Bills of 
Credit to the value of £100000. 

In the Year 1755. The Exchange then from 68 to 
70 p r C l upon a medium 69 money of G. Britain 
£59171. 11. 11. 

In the Year 1764. Ditto Exchange variable and cal- 
culated as aforesaid being money of G. Brit. £54421. 
15. 4f. 

This Emission is to remain current by the said Act 
untill the first Tuesday in November 1768. 

The fund for sinking this Emission is by a Tax on 
Estates both Real & Personal as aforesaid. 

1759. July 3. 

Then Emitted by virtue of thes d Act Bills of Credit 
to the value of £150000 to enable his Majesty's General 
to pay the debts contracted & to carry on his Majesty's 
Service in North America £150.000. 

In the Year 1755. The Exchange then at 69 p r c 1 
being money of G. Brit. £88757. 7. 11. 

In the Year 1764. Ditto Exchange variable and cal- 
culated as afores d being money of G. Brit. £81632. 13. 1. 

This Emission was to remain current for twelve 
Months from the date of the said Bills which being the 
20 th of July, 1759. 



THE COLDEN PAPERS. 353 

The fund for sinking this Emission has been repaid 
into the Treasury by Abraham Mortier Esq r Deputy 
Pay- Master General of all his Majesty's forces in North 
America, partly in the 8 d Bills of Credit, and in Gold 
& Silver, the latter of which has been given in exchange 
from time to time for Bills emitted by virtue of the said 
Act, and the whole Cancelled or burnt to ashes by the 
several Commissioners appointed for that purpose, Ex- 
cepting the sum of 192 £ hitherto not brought into the 
Treasury. 

1760. March 22 d . 

Then N Emitted by virtue of the s d Act Bills of credit 
to the value of £60000 being the ninth and last Emis- 
sion £60,000. 

In the Year 1755. The Exchange then from 65 to 
80 p r C* which upon a medium is 72£ p r C l being 
money of G. Britain £34782. 12. 2. 

In the year 1764. Ditto Exchange variable from 
82£ to 85 p r C l and calculated as aforesaid at 83f p r C 
being money of G. Britain £32653. 1. 2£. 

This Emission by Act of Assembly is to remain cur 
rent untill the first Tuesday in November 1768. 

The fund for sinking and cancelling this emission is 
by a Tax on Estates both Real & Personal as afore 
said. 

Treasury Office : New York, 20 Day of July, 1764 
Errors Excepted. 

A : D : Peysteb Trecmf 



23 



354 THE COLDER PAPERS. 



To The HoN ,,L ■ Daniel Horsmanden, Esq. Cheif 
Justice of the Province of New york. 

Spring Hill 16 th Aug 1 1764. 
Sir, 

You was present in Council when I communicated 
his Majesty's additional Instructions of the 6 th of June 
last. From the printed Proclamation <fe the Inclosed 
Copy of the Orders which I have issued in pursuance 
of that Instruction to the Secretary, Attorney General, 
Surveyor General, Officers of the Court of Chancery, 
Officers of the Customs, Sheriffs ife Clerks of the Coun- 
ties <fcc, the whole purport of that Instruction will 
appear to you nearly in the words in which it is given. 

The preamble of my Orders is in the words of the 
Instruction, cfe from thence you may Judge whether the 
Attorneys & Practitioners in the Supreme Court are 
comprehended within the intention of it. If you be of 
opinion that they are, & that I ought to serve them 
with the like Orders please to signify it to M r Banyar 
that he may prepare Orders accordingly. 

I know of no Ordinance for establishing Fees since 
the year 1710, except as to the Court of Cliancery. It 
has been a prevailing Opinion with the Gentlemen of 
the Law, as I am inform 1 d that the Ordinance published 
in the year 1710 in the Governor's Name for establish- 
ing Fees is not now in force, and that the Officers are 
at Liberty to take such reasonable Fees for their Ser- 
vices as the nature of their Service deserves, and that 
the Judges have allowed the Fees of Attorneys and 
Practitioners in the Supreme Court accordingly, with- 
out strict regard to the Ordinance of 1710. This 
Opinion of the Gentlemen of the Law, <fe the practice 
of the Judges in taxing Bills of Costs may perhaps have 
had some influence on other officers in takeing fees due 
for their Services. . 

I am of opinion that the King & his Ministers can- 
not be sufficiently informed in their design of enquirin 






THE C0LDEN PAPERS. 355 

into the Fees taken by all the officers of this Govern- 
ment & of regulating the same without being fully in- 
formed of the Fees received by the Judges themselves 
& of the Fees allowed by them to the officers of their 
Court. I must desire of you to deliver to me a Table 
of the Fees received by the Judges of the Supreme 
Court, and a Table of the Fees allowed to the Attor- 
neys <fe Practitioners in Taxing Bills of Costs that I 
may transmit the same to the Lords of Trade & Plan- 
tations by the next Packet. 

Please to communicate this to the other Judges who 
are at this time in Town. I am with great truth & 
regard 

Copy sent to the Board of Trade Oct r 1764. For M r 
Horsmanden's answer dated 10 th September 1764, re- 
ceived the 26 th the Packet having sailed the day before 
— see . . . [jPOtftf] the original being sent to the 
Board of Trade. 



To Richard Morris, Esq*, Commissary & Judge of 
the Court of Vice-Admiralty for the Prov- 
ince of New York. 

Spring Hill 16 th August 1764 
Sir, 

I enclose a printed Copy of the Orders which I have 
sent to the several Officers in this Government in pur- 
suance of his Majesty's Additional Instructions of the 
6th of June last. The preamble in my orders is in the 
words of the Instruction. This with the Proclamation 
which I have published in the King's name may fully 
instruct you in the purport of this Instruction. 

Please to send me a Table of the Fees received by 
the Judge of the Court of Vice Admiralty, and like- 
wise a Table of the Fees allowed to the Officers & 
Practitioners in taxing Bills of Cost in that Court, dis- 
tinguishing in the manner required by the said lnstruc- 



356 THE COLDEN PAPERS. 

tion that I may transmit the same to the Lords Com- 
missioners for Trade & Plantations by the next Packet. 
— I am <fe c 



To Major General the Hon blk Thomas Gage. 

• 

Spring Hill, August 23 d 1764. 
Sir, 

I have the honour of your Letter of the 16 th wherein 
you favour me with the accounts you have from Niag- 
ara. I have not a single line from Sir William. By a 
private Letter I am told the Senecas granted everything 
which Sir William required of them. I wish the 
Chenessioes had received a thorough chastisement for 
the cruelties they have perpetrated. It would have 
made the Peace more permanent for I am affraid it 
cannot be firm & lasting unless the Indians be really 
afliraid of being severely punished in case of any per- 
fidy hereafter. Now I suspect the plan must be pur- 
sued which Sir William has begun. I am with great 
Respect <fc c 



To Sir W m Johnson. 

Fort George Sept r 3 d 1764. 
Dear Sir, 

With the greatest pleasure I received yours of the 
23rd of last Month giving me an account of the success 
of your Negotiations with the Indian Nations who met 
you at Niagara, so highly beneficial to all North Amer- 
ica, & which 1 make no doubt will in consequence 
thereof procure a general pacification with the Indians 
everywhere — So signal a Piece of Service must certainly 
procure you universal applause & intitles you to his 
Majestys distinguished favours. 

I believe you will not think it proper that Licence 
to Trade be granted till after Col. JBradstreet shall 



THE COLDEN PAPERS. 357 

have compleated what he has to do. You was formerly 
of Opinion that the Trade should be confined to the 
Garrisoned Posts, & that no [traders] be allowed to go 
among the Indians. I shall be glad to have your advice 
as to the Terms on which Licences to Trade are to be 
granted and what security may be proper to take for 
the performance of the Conditions of the Licences. M r 
Duncan has applied for a Licence as soon as it shall be 
proper. I believe you have no objection to him & I 
am very willing to gratify him. 

I shall tomorrow communicate your Letter to the 
Council in relation to the Complaints of the Conojoha- 
ries of Injuries don them by some of the Inhabitants & 
to take their advise thereon. I am fully convinced 
that the friendship of the Indians would be more effec- 
tually secured by establishing a method of their obtain- 
ing Justice in a Summary way, and of this I intend to 
write my Opinion to his Majesty's Ministers as a mat- 
ter of the greatest Consequence for securing a lasting 
Peace with them. 

I am to meet the Assembly tomorrow at their own 
Request, which I could not refuse them without giv- 
ing them great disgust. This will unavoidably de- 
bar me of the pleasure I proposed in a Visit to you. 
As I know not in what humour the Council may be 
as to adviseing the Grant of the Lands you mention, I 
think it best to take the Method I formerly proposed 
of obtaining his Majesty's Order for the Grant. This 
method will be attended with this advantage that it 
may be granted wholly in your own Name & thereby 
avoid the inconveniency which attends the using of 
Trustees, & probably it may be obtained free of Quit 
rent for 10 vears as the Grants to reduced officers are. 
If you approve of this I shall as soon as I know your 
pleasure transmit to you a draft of my Letter to the 
Board of Trade for that purpose for your approbation 
& amendment. I am with the highest Esteem & 
Regard Sir 



358 THE GOLDEN PAPERS. 



To Major General the Honorable Thomas Gaoe. 

Fort George Sept r 6, 1764 
Sir, 

I communicated to the Council the danger of some 
infectious distemper from the Indians in Jail of this 
city, &> that it is thought proper to separate them in 
order to prevent it. They think it best to send three 
of them to Kings County, three to Queens County and 
three to Suffolk. I shall give orders to the several 
Jail Keepers to receive them, as soon as you think 
proper to order a Guard as you proposed to convey 
them to the several Prisons, It is expected that you 
will order Provisions for their subsistence as you have 
while they were in the Prison of New York. I am 
told that some Persons now in the Barracks who were 
lately set at Liberty by the Indians are Evidences of 
Mnrdera & cruelties committed by Capt n Bull. You 
may be assured of the truth by ordering these Persons 
to be examined. The Gentlemen of the Council think 
it proper that Capt n Bull be continued in the Prison of 
New York with one or two more of the most Guilty, 
<fc all those who are already sick. I am with great 
Respect Sir. 



To His Excellency Gov r Wentworth. 

New York, 10 th Sept r 1764. 

Sir, 

I have the favour of your Letter of the 17 th ult° de- 
siring I would give orders for the Release of four 
persons belonging to your Government committed by 
the authority of this to the custody of the sheriff of 
Albany. The Account you have received of this affair, 
differs so widely from the information of the Sheriff 
himself, that I enclose your Excellency a copy of his 
Letter on the subject by which it appears that before 



THE COLDEN PAPERS. 359 

the<e persons were apprehended the Sheriff got intelli- 
gence that they had already ousted one Jury Cregier 
from his Possession and intended on the Day following 
to dispossess Peter Voss & Bastiau Deale, which they 
afterwards actually effected. 

Voss aud Deale had occupied the Lands for upwards 
of thirty years except when forced by the Iudians to 
abandon their settlements during the war, and all of 
them held under a Grant of this Province so ancient as 
the year 1683, a circumstance which alone ought to be 
deemed of sufficient Weight against the Claim of New 
Hampshire expressly limited by the Crown to the con- 
fines of the other Provinces. The warrant therefore 
under the sanction of which the Parties acted is I 
humbly conceive no justification of their Conduct. 
Accordingly his Majesty's Council on my communica- 
ting your letter to them were of opinion that as the 
Lands in Question were undoubtedly within the Juris- 
diction of New York the Delinquents should abide the 
Event of the Law, but that I might interpose as far as 
consistent with my Duty to prevent the Magistrate 
from demanding excessive Bail on which head the 
Sheriff has my directions. 

I am happy in finding in your Excellency Sentiments 
so conformable to my own, by submitting to his 
Majesty's Determination a Controversy which while 
subsisting must greatly endanger the Peace of the two 
Governments, and that nothing might be wanting on 
my part towards so salutary a Measure, I have already 
laid before his Majesty's Ministers whatever I thought 
proper to urge in support of the Rights of this Govern- 
ment. I am with great Regard 



360 THE C0LDEN PAPERS. 



To His Excellency The Hon ble James Murray 
Governor in Cheif of his Majesty's Province 
of Quebec. 

Fort George, New York, September 19 th 1764. 
Sir, 

With great pleasure I congratulate you on your 
haveing received his Majesty's Commission of Governor 
in Chief of his Majesty's Province of Quebec I think 
myself happy that the Affairs of our Government may 
give frequent opportunities of corresponding with vou. 

A Letter for you and another for Col. Burton from 
the Secretary of States Office came inclosed to me. I 
now send them by Major Disne, who I am informed 
returns this Day for Montreal. 

Part of a Letter of the 13 th of July which I have 
received from the Lords of Trade & Plantations, has 
some reference to you I therefore send a Copy of that 
part. I have already granted all the Lands between 
Crown Point and Lake George on the West side of the 
waters to Reduc'd Officers, and the Lands on the East 
side are likewise surveyed for other Reduced officers, 
and would soon have passed the Seal had not this 
Order put a Stop to it. This will prove a great dis- 
appointment to these Gentlemen after a considerable 
Expence in surveying these Lands while I was desirous 
of giving them the best Lands that can be found. 

As I know not the precise boundaries of these Con- 
cessions referr'd to in the Lords of Trade & Planta- 
tions Letter, I must beg the favour of your sending me 
a Copy at least of their boundaries, lest I should stop 
Grants where it is not necessary. 

You can judge better that I can how far it may seem 
prudent to prefer French to British Officers on so im- 
portant a Pass between the Kings old and new sub- 
jects. Please to communicate your Sentiments freely, 
as I intend to write mine to their Lordships. I am 
with the greatest Esteem <fe Respect. 



THE COLDEN PAPERS. 361 



To His Excellency Montague Wilmot Esq b Gov b 

in Ciieif of Nova Scotia. 

Fort George New York, Sept r 19 th 1764. 
Sir, 

I send by Post with this a Letter for you from the 
Secretary of States Office, which came inclosed to me. 
The under Secretary writes that you complain of your 
Letters being long delay'd at the Post Office in New 
York. The Post Master assures me of his having 
forwarded by the first post after the arrival of any 
Packet all the Letters that came by her. I suspect 
therefore that the delay in forwarding your letters has 
happened at Boston where the inland .Postage must be 
paid, if no regular Post be settled between Boston & 
Hall if ax. If you please to name any person in Boston, 
the Postmaster here will direct your Letters to that per- 
son's care. I am with great Regard. 



To the R T Hon ble Lords Commissioners for Trade 

& Plantations &c. 

New York 20 th Sept r 1764. 
My Lords 

I have the honor to transmit to your Lordships 
printed Copies of my speech to the Council <fe Assem- 
bly, the Councils Address — and Manuscript Copies of 
the Assembly's Address & my Answer. This Address 
of the Assembly appeared to me so undutifullcfe indecent 
that I think it incumbent on me to give your Lordships 
a particular account of my Conduct thereon. As soon 
as I discovered the tenor of the Address I endeavoured 
by every method in my power to dissuade them from 
inserting suggestions which I think highly disrespectf ull 
to the Legislature of Great Britain, for which there 
can be no foundation, & are inconsistent with that 



362 THE COLDEN PAPERS. 

deference to the Wisdom & Justice of the British Par- 
liament which they profess. Tho 1 I prevail'd so far as 
to have the Address reconsidered after it had been 
form'd, I could obtain no material alteration. I then 
communicated a Copy of the Address to the Gentlemen 
of the Council, resolving to take their advice, as to what 
might be proper for me to do, before I receiv'd the 
Address ; but they being only four at that time in Town, 
declined to give any advice till they had a fuller Board. 
Accordingly I told the Assembly after they had pre- 
sented their address to me, that I designd to have 
taken the Advice of the Council before I gave them an 
Answer, but as the Gentle" present declined to give 
Advice till there was a fuller Board I must delay my 
answer. 

This was on Friday. Next Monday before Noon all 
the Gentlemen of the Council in the Province, except 
Sir William Johnson who lives at a great distance at- 
tended. Then it was unanimously agreed that the dis- 
solving the Assembly could serve no good purpose, 
seeing I could not prevent the* Publishing of the 
Address, for it was then actually Printed in a public 
Newspaper. — A Dissolution would tend farther to in- 
flame the Minds of the People — that they who deserved 
the public Resentment would not feel it by a Dissolu- 
tion ; and as the officers of Government are at this 
time without any Support, they must suffer who are 
not in blame — & therefore since a proper Resentment 
cannot at this time be shewn, they advised me to give 
as soft an Answer as the Case would admit. Accord- 
ingly with their unanimous approbation I gave the 
answer of which the inclosed is a Copy. 

It is my Duty to inform your Lordships from whence 
this violent Spirit arises so far as I can Judge from 
Circumstances and the Characters of the Men who at 
this time lead in the Assembly, & I shall now do it, 
tho' with the risque of the effects which the invenom'd 
Malice of Avarice & Ambition may produce. 

Your Lordships have been iuform'd of several ex- 



THE GOLDEN PAPERS. 363 

travagant Grants of Land in this Province: three of 
them contain as the Proprietors claim, above a Million 
of Acres each ; several others above 200,000. All 
these were made without any previous Survey as usual 
in other Cases, and without mentioning any quantity 
intended to be Granted. Tho' these Grants contain a 
great part of the Province ; they are made on trifling 
acknowledgments. The far greatest part of them still 
remain uncultivated, without any benefit to the Com- 
munity, & are likewise a discouragement to the settling 
<fc improving the Lands in the neighbourhood of 
them ; for from the uncertainty of the boundaries 
the Pattentees of these great Tracts are daily en- 
larging their pretentions, & by tedious & most ex- 
pensive Law-suits distress <fc ruin poor families, who 
have taken out Grants near them : of all which I pro- 
pose to send your Lordships particular proof before 
Winter. 

Three of these great Tracts have in their Grants the 
Priviledge each 01 sending a Representative in general 
Assembly so that the Proprietors are become Heredi- 
tary Members of that House. The owners of the other 
great Patten ts being Men of the greatest Opulence in 
the several Counties where the Tracts are, have suffi- 
cient influence to be perpetually Elected for these 
Countys. 

The General Assembly then of this Province consists 
of the Owners of these extravagant Grants, the Mer- 
chants of New York, the principal of them strongly 
connected with the Owners of these great Tracts, by 
family Interest, & of Common Farmers, which last are 
Men easily deluded & led away with popular Argu- 
ments of Liberty & Privilege. 

The Proprietors of the great Tracts are not only 
freed from the Quit rent which the other Land holders 
in the Province Pay, but by their influence in the 
Assembly are freed from every other public' Tax on 
their Lands. — While every Owner of improved Lands 
has every Horse, Cow, Ox, Hog, <fe c and every Acre of 



364 THE C0LDEN PAPEES. 

his Land rated ; Millions of Acres the Property of 
private Persons contribute nothing to the public neces- 
sary Expence. 

The Proprietors of these large Tracts having been 
lately informed by their Correspondents in England 
that there is a design to Tax all the Lands equally for 
defraying the public charge they have taken the allarm, 
& by every artifice inflame the Peoples Minds in hopes 
thereby to deterr a British Parliament. 

But if the owners of the cultivated Lands, who ex- 
ceed the others in numbers beyond any proportion, 
shall find that by an equal Taxation of all the Lands 
they are to be freed from unreasonable Taxes on their 
Industry your Lordships may judge what effect the 
knowledge of this is. likely to have on the Minds of 
People in general, when they consider things as they 
really are. At the same time I may assure your Lord- 
ships that the People of this Province before the 
present Sessions were far from Entertaining the Senti- 
ments contained in the Assembly's Address. 



To Edward Sedgwick, Esq. Under Secretary in 
the Secretary of States Office for the 
Southern Department. 

New York 21 Sept r 1764. 
Sir, 

I have the favour of your Letter of the 14 th of July, 
& am oblidged to you for the information you give me, 
by my Lord Halifax's direction, in relation to the Man- 
damus for M r Apthorp. He has not as yet presented 
it to me. 

The Assembly of this Province in an Address to me, 
have expressed their Sentiments, in respect to their 
being Tax'd by a British Parliament, iu a manner, which 
I think, disrespectfull & even indecent. I have sent a 
Copy of their Address to the Lords Commissioners for 



THE C0LDEN PAPERS. 365 

Trade <fe Plantations, with a particular account of my 
Conduct thereon. 

Without doubt my Lord Halifax will receive an ac- 
count, from Sir William Johnson of the Peace he has 
made with the Indians at Niagara. 

The Guards are now removed from our Frontiers & 
the People there live in Peace & quietness, tho' it be 
still otherwise on the frontiers of Pensilvania & Vir- 
ginia. 

The Post Master in this Place assures me, that he 
forwards every Letter which comes by the Packet, by 
the first Post after her arrival, as tney are directed ; 
and that if Gov r Wilmot's Letters meet with any delay, 
it must be at Boston, as he forwards them to the Post 
Office in that Place. I have wrote to Gov r Wilmot 
desiring him to appoint some person in Boston to take 
care of his Letters. 

It will give me great pleasure to have it in my power 
to serve you in every shape in this part of the World. 
I am with great truth & regard Sir 



To The R t Hon ble Lords Commissioners for Trade 

& Plantations. 

New York, 21 8t Sept r 1764. 
My Lords, 

I have the honor of your Lordships Letter of the 
13 th of July. It gives me the greatest satisfaction <fe 
pleasure that the several representations I have made 
have obtained your particular notice, especially that 
concerning the Dispute between this Gov 1 and New 
Hampshire. 

Your Lordships may observe from the inclosed Copies 
of the Sheriff of Albany's Letter — Governor Went- 
worth's Letter to me — and my Answer, that it will 
tend greatly to the Peace & Wellfare of his Majesty's 
Subjects, that his Determination of this dispute be 



366 THE COLDEN PAPERS. 

transmitted as soon as possible. It is extraordinary 
that M r Wentworth should make his first Settlement 
within twenty Miles of Hudsons River, & to dispossess 
the ancient settlers under New York, without waiting 
to know his Majestys Pleasure, while a large Country 
between his new Settlements & Connecticut River re- 
mains unsettled. Surveyors have been employed all 
this summer in laying out Lands for the Reduced Offi- 
cers and Disbanded Soldiers of his Majesty's Army, 
who have Served in America during the last War. In 
their Surveys they discovered markes of Surveys lately 
made by iSlew Hampshire People <fc some scatter'd 
Hutts here & there Erected as Evidences it is supposed 
of their Possession, but without any Inhabitants. 

It gives me great concern that your Lordships think 
proper to direct that no Grants whatsoever be made of 
the lands mentioned in the Memorial of Mons r Michel 
Chartrier, for all the Lands on the West side of the 
Waters from Lake George to Crown Point are already 
granted under his Majesty's Seal of this Province pur- 
suant to his Royal Proclamation to Reduced officers, & 
those on the East side are surveyed and set out for 
other Reduced officers at a very considerable expence 
to them, <fe nothing prevented the Grants from being 
fully authenticated, but the time which was necessary 
for their passing through the proper offices before the 
Seal can be regularly affixed. 

I suspect that as soon as your Lordships directions 
shall be known, tha officers disappointed thereby will 
clamour loudly, imagining that they have a Right by 
the King's Proclamation to the Lands which have been 
Survey'u & set out for them in consequence thereof. 
One of them has carried some families to settle. 

All the Lands near Crown Point &> about 20 Miles 
to the Northward of it are & were at all times un- 
doubtedly within this Proviuce and were purchas'd of 
the Indians many years since. The French can have 
no Right but that of Intruders <fc their Intrusions was 
the occasion of the last War. 



THE COLDEN PAPERS. 367 

I beg your Lordships will allow me to add that the 
Waters leading to Grown Point & that part of the 
Country, is the only pass between his Majesty's old & 
new Subjects, of whose fidelity, if we may judge by 
what happened in Nova Scotia, we have reason to be 
doubtfull, in case of any future War with France. It 
seems therefore prudent that a pass of such consequence 
be secured by British Officers & natural Subjects 
rather than by French. 

I have communicated your Letter desiring an abstract 
of the Kecord of the Grants of Lands, to the Deputy 
Secretary, who has readily undertaken to do it : but it 
cannot with the closest application be finished in several 
Months. As I have no fund to pay such extra services, 
attended with considerable expence of Clerkship, I 
must entreat your Lordships not to allow his Majesty's 
Servants to have reason of Complaint by their willing- 
ness to serve. 

The packet goes so soon after her arrival, that I can- 
not answer other parts of your Lordships Letters with 
any degree of precision at this time. 

I flatter myself that your Lordships will not be dis- 
pleased with my communicating my Sentiments freely, 
such as they are, but it is done with entire submission 
by- 



To The R* Hon blk Earl of Halifax, &* 

New York Sept r 22 nd 1764. 
My Lord, 

In obedience to his Majesty's Commands, signify'd 
to me by your Lordships Letter of the 14th of July, I 
have made all the enquiry in my power, by the Mem- 
bers of his Majesty's Council of this Province, & by 
the Masters & Wardens of this Port and otherwise for 
discovery of the Persons, who have committed the 
Violences against the Subjects of Spain, complained of 
by the Spanish Embassador <fe said to be done by 



868 THE COLDEN PAPERS. 

English Pirates or Privateers. I have likewise directed 
the Master & Wardens of this Port, to continue their 
enquiries of every Vessel which shall arrive from the 
West Indies. 

After all my enquiries I can make no discovery of 
any person guilty of such violences. 

All the Privateers from this Post returned soon after 
the cessation of arms. No private armed Vessel has 
gone from this Port since the Peace, or any Vessel with 
more than her usual Complement of men, so far as I 
know or am iuform'd. If any discovery be made here- 
after, I shall do my utmost to secure the guilty Persons 
& brine them to Justice. I am with the highest 
Respect 

Duplicate by the Packett Oct r 14 th to which was 
subjoined [Letter of] October 13 th 1764. 



To The R 1 Hon 1 ™ Earl of Halifax. 

New York 22 d Sept r 1764. 
My Lord. 

Mess" John cfe Henry Cruger Merchants of this 
place, have desired me to transmit the inclosed Papers 
to your Lordship, & to intreat your Lordship to obtain 
them redress for the injustice done them by the French 
Kings officers at Port au Prince on the Island of His- 
paniola, in seizing & confiscating their sloop Jove and 
her Cargoe to the value of £1344 New York Currency. 
As the proceedings of the French Kings officers, are 
likewise contrary to the amity which subsists between 
the Crowns of Great Britain and France, whereby the 
Subjects of either Crown, ought to relieve the others 
when in distress — I make no doubt this matter will 
have its due Weight with your Lordship. I am with 
the highest Respect. 



THE COLDEN PAPERS. 369 



To Sir William Joiinson, Bart. 

Fort George New York Oct r 1, 1764. 
Dear Sir, 

I have the pleasure that I can give you an agreeable 
Answer to your favour of the 21 st of last Month, in- 
closing the Indian Speech. 

By directions of the Lords of Trade & Plantations, 
I am now preparing a Message to the Assembly to 
vacate the rattent of Kayaderosseres, with which I 
shall send a Copy of the Speech of the Indians to you 
of the 20th of last Month. 

In case the Assembly should not do them Justice I 
can on good authority assure them that Justice will be 
done them in some other method. 

I have from the Lords of Trade a Copy of heads of 
a Plan they have form'd for regulating the Trade with 
the Indians, <fc they desire me to make such remarks 
on it as occur to me. No doubt you have a like 
Copy. 

It gives me pleasure to find that it agrees with those 
Sentiments which we agree in, <fc have communicated 
to each other & it will add much to that pleasure if 
we agree in every other point. The greatest difficulty 
with me is how to regulate the Trade with the Mo- 
hawks who live intermixed with the Christians, and 
other Indians living near our Frontiers who resort 
daily to the Christian Houses, how to do them Sum- 
mary Justice, & how that Trade may contribute to the 
public Expence. 

Another difficulty is in the entire prohibition of Rum 
or other spirituous Liquors, & if this should be thought 
proper how it can be prevented in the law when the 
Indians resort Daily to the Christian Houses, in which 
case the bad effects of it are chiefly to be guarded 
against. 

I am very desirous of having your opinion on these 
points or any other you shall think proper to comma* 
24 



370 THE COLDEN PAPERS. 

nicate to me without delay, because I am directed to 
communicate my Sentiments as soon as possible. 

I doubt much of the success with the Council of 
your Petition for the Lands, you formerly proposed & 
for that reason I think it better to apply immediately 
to the Lords Commissioners of Trade & rlantations as 
I proposed. By their recommendation I have received 
orders to grant large tracts of Land to several persons, 
who can have no such pretentions to favours as you 
have. Never in my Life had I so much business on 
my hands as at this time. The Assembly <fc Letters 
both from the Sec ty of State & Lords of Trade on 
variety of subjects to answer. As soon as possible I 
shall send you the Draft of the Letter I propose to 
write. If I can take a Day for that purpose before 
the next Post I shall do it. I shall not in any case 
delay it after the Packett is goue. I am with the 
greatest Esteem & Regard 

The King has fixed Connecticut River as the Boun- 
dary between this Province <fc New Hampshire & I 
expect the Kings Order by next Packett. 



To The R' Hon*™ Lord Colvil. 

Fort George New York 1 st Oct r 1764. 
My Lord, 

I was iu the Country when I received the honor of 
your Lordships Letter of the 25 th of July. As soon as 
I returned to Towh I made what enquiry I could on 
the subject of M r Stephen's Letter of the 10 th of May 
to your Lordship. 

His Majesty's ships on this station were all in Har- 
bour in the Month of December last. Last Winter 
there was a surmise that in December last a forty Gun 
ship on the Virginia Station had met with a sloop 
going into Delaware Bay, spoke with her and suffer' d 



n 



THE COLDEN PAPERS. 371 

her to go on. If this Ship was not an Illegal Trader 
I cannot conceive how it came to be the object of Obser- 
vation. This is all I can learn on this Subject. 

By the Post to Boston two weeks since I wrote to 
Gov r Wilraot & forwarded a Letter to him from the 
Secretary of States office, & by this Post I forward 
another which came inclosed to me. I am with great 
respect My Lord 



On his Britannich Majesty^ Service. 

To His Excellency the Governor op his Catho- 
lick Majesty's Island of Porto Rico. 

New York, 1 st October 1764. 
Sir, 

It has been represented to me in behalf of Mess 
Thomas & Benjamin Forsey Merchants late of this 
City, now of the neighbouring Colony of Connecticut 
that they being sole owners of the Brigantine Hope 
whereof Thomas Gould was Master, fitted the said 
vessel <fc dispatched her from this Port about the 20 th 
of March last, bound to the Coast of Affrica for a 
Cargoe of Slaves. That on the 12 lh of May on the Bar 
of Senegal, M r Tyger the chief Mate together with one 
Miller a Foremast Man Murdered the Master Capt n 
Gould, by giving him a blow on the Head with the 
butt end of a Muskett alledging only in his Justification 
that Capt n Gould behav'd very ill to all the Company 
& to him in particular by confining him in Irons in the 
foretop. That when Tyger arrived at St. Thomas's a 
Merchant contracted for the Negroes, stipulating that 
they sh (l be carried to Monto Christo, but discovering on 
the Passage that the Person originally appointed Mas- 
ter had been Murder'd, and knowiug that Tyger was a 
Stranger, he prevailed on him under the pretence of 
getting an Anchor to put into Porto Rico, where on 
Application to a Magistrate a Force was sent to appre- 



372 THE COLDEN PAPERS. 

hend Tyger as a Pirate, who discovering his danger 
took to his Boat with all the Men except three & 
escaped to Hispaniola — That the negroes to the number 
of Thirty five were sold in Porto Kico for the benefit 
of the Owners, if any such should appear within a 
Year and a Dav after the Vessels arrival there, and 
that three of the Crew viz Daniel English, Benjamin 
Lever ich & Daniel Murphy are now Prisoners in the 
City of Porto Rico. 

As Mess™ Forseys are sending a Vessel to your Port 
to claim their property, I must beg leave to recommend 

the Person with whom they have intrusted 

this business to your Protection, desiring that you will 
be pleased to give effectual Orders that the Vessel, or 
the amount if sold, together with the proceeds of the 
Negroes <fe Cargo, be put into his hands in trust for 
Mess™ Forseys to whom there is no doubt they of right 
belong : and when received that the Vessel may be 
dispatched with proper Passports, <fc you may be as- 
sured it will give me a particular pleasure should it be 
in my power at any time, to render the like good office, 
to the Subjects of his Catholick Majesty. 

A Crime so atrocious, so prejudicial to civil Society, 
& to Commerce oblidges me earnestly to request that 
the Persons guilty may be brought to Justice, or if 
thro' any defect in the Evidence or other cause, this 
cannot be done in your Government, that the Prisoners 
may be properly secured, & return'd in this Vessel, 
that they may not avoid Exemplary Punishment. I 
have the honor to be with great Consideration & 
Respect Sir. 



THE COLDEN PAPERS. 373 



Copy of a Letter from Chief Justice Horsmanden 
to Lieut. Governor Colden — Original sent to 
Board of Trade. 

New York 10 th September 1764. 
Sir, 

In obedience to his Majestys Commands signifyed 
to your honour by the Royal Instruction of the 6 th of 
June last, I have enclosed Schedules or Tables of all 
the Fees taken by the Judges of the Supreme Court. 

Those in the first were ordain'd by an Ordinance in 
the administration of Gov r Hunter in the year 1710, 
which (if it ever had any validity) yet being passed 
in his own Name, has long since been considered as not 
of force, <fc therefore should be glad of your honor's 
direction as to fixing up Tables of Fees taken by us. 

The Articles in Schedule No. 2 are for Services not 
specifyed in the Ordinance, but performed in the Exe- 
cution of certain late Laws of the Colony, all usual & 
customary Fees, as never have been to our knowledge 
complained of as immoderate. 

These Returns are made with the privity of the rest 
of the Judges except M r Jones, who has not been lately 
in Town. Whether a Report of the Fees Taxed for 
the Attorneys practising in the Courts where we have 
the honour to preside, were intended by the Kings 
Instruction we cannot say. As they are not officers, 
there are no words expressive of such a design in his 
Majesty's Order, & therefore have not ventured to give 
any directions to M r Banyar on that head — Nor can we 
inform your honor what influence the Lawyer's Opinions 
relating to the Expiration or validity of the Ordinance in 
1710, has had upon any other Officers of the Government. 

That Ordinance has always been thought not only 
imperfect in omitting many necessary Services, but 
exceptionable in not assigning a reasonable allowance 
for such services as are therein enumerated, as will 
abundantly appear in those relative to the Law offices 



374 THE COLDEN PAPERS. 

& Attorneys, by comparing it with the printed Lists 
of Fees taken in England, reported to tne House of 
Commons on their Oraer of the 14 th of November 1 693, 
<fc we know of nothing peculiar to the State of this 
Province that would render it necessary to reduce the 
Fees here below those taken at Home. In our Taxa- 
tions less Sums are allowed, because the Ordinance of 
1710, as far as it goes has been the Rule, & for such 
Services as have therein been omitted, our predeces- 
sors have allowed a Quantum Meruit, nearly in the 
proportion fix'd by the Ordinance, for services in some 
respects similar, & we have followed their Taxations, 
tho' it must be confessed the Taxations have been 
below the true value of the labour done; and to this 
we have so strictly adhered, as to have no regard to 
the depreciation of the Currency, nor the increase of 
the price of Provisions, the former by reason of the 
latter, being not worth half so much as in the year 
1710, when the establishment was made. 

We have nothing to add but the Expression of our 
great satisfaction that his Majesty seems inclined to 
give some Redress to the many Evils necessarily arising 
from the imperfect unsettled state of the Fees in this 
Province, and to remind your honor that the Dependant 
state of the Judges upon the scanty provision annually 
made by the Legislature, seems to render it expedient 
that the Crown should interpose either in an allowance 
of fixed and more adequate Salaries, or by annexing 
Fees to actual Services, that will in some measure save 
them from wasting their private Fortunes in the public 
Service: their present official allowances being al- 
together insufficient to support the ordinary Expences 
of their Families, & much beneath the dignity of the 
stations which by the Kings Grace they now sustain. 
I have the honor to be Sir Your most obedient <fe most 
humble Servant Dan. Horsmandej* 

The Hon blc Cadwallader Colden 
Lieut. Governor. 



THE COLDEN PAPERS. 375 



To The R t Hon"" Earl of Halifax. 

New York, Oct' 9 th 1764. 
My Lord, 

In obedience to his Majesty's Commands signified to 
me by your Lordships Letter of the 11 th of August, I 
have endeavoured to inform myself of Illicit Trade in 
this Province. 

It was formerly from Holland & Hamburgh, in Teas 
principally & Gun Powder ; but since so many of his 
Majesty's ships have been on the Coast, this Trade is 
thought to be at an end, it cannot at least be continued, 
if the Sea Officers do their Duty, in cruising on the 
Coast 

I suspect however that Tea in small quantities, may 
be imported in small Vessels, from the Dutch West 
India Islands : & that it may be done by running into 
small creeks & Harbours to which the ships of War 
cannot have access, by want of a sufficient depth of 
Water. 

These places to the Southward of New York are on 
New Jersey Shore, between Sandy Hook cfe Delaware 
Bay, & in many parts of that Bay : & to the North- 
ward of New York in the Sound, between Long Island 
and the Main, where there are many Harbours, both 
on the Long Island Shore and on the Main. The 
South Shore of Long Island towards the Ocean is 
generally inaccessible. 

If his Majesty's Ships keep continually cruising 
between Sandy Hook and Cape Henlopen, it would be 
difficult even for small vessels coming from sea to 
escape them ; & if they keep cruising in like manner 
off the East end of Long Island, & round Block Island, 
few vessels could escape them, which go either into 
Rhode Island or into the Sound, between Long Island 
and the Main. 

The Custom House officers in this Port appear to me 
to be very diligent. t 



376 THE COLDEN PAPERS. 

The Hawk sloop, I am informed has not been at Sea 
since her arrival in this Port above twelve months. 
She is now preparing to go out. Capt. Kennedy in 
the Coventry tells me, that ne is now about purchasing 
a small sloop, a swift runner which he designs to Man 
in order to look into & examine from time to time the 
Creeks cfe small Harbours within his station between 
Sandy Hook & the Capes of Delaware. Such small 
vessels may be of great use by keeping* near the Shore, 
while they can run into these Creeks <fc harbours in 
case of bad Weather. 

Major Gladwin who commanded at Detroit during 
the late War with the Indians, came a few days since 
from theuce, is now going to England. He can inform 
your Lordship of many things you may be desirous to 
know. I am with great submission My Lord 



To The R t Hon 8 " Earl of Halltfax subjoined to 
the Duplicate of the Letter dated Sepl ,r 22 nd . 

New York, Oct r 13 th 1764. 
My Lord, 

This Day the Master of this Port has assured me 
that he and the Wardens of the Port have continued 
to make diligent euquiry of Violences on the Subjects 
of his Catholic Majesty by English Pirates or Priva- 
teers, complain'd of by the Spanish Embassador, and 
that they have not made discovery that any such vio- 
lences have been committed, nor lias the least Evidence 
of it come to the knowledge of, My Lord. 



THE COLDEN PAPERS. 377 



To The R t Hon 8 " Lord Commissioners for Trade 

& Plantations. 

New York 11 th October 1764. 
My Lords 

Captain John Campbell late of his Majesty's 42 nd 
Regiment and several other Reduced officers of his 
Majesty's army, have presented Petitions to me, in con- 
sequence of the Royal Proclamation of the 7 th of Octo- 
ber 1703, Praying a Grant of Lands which lye within 
the pretended Bounds of a large Tract of Land claimed 
by one Renslaer. When the Petitions were laid before 
his Majestys Council, they were of opinion that it did 
not appear with sufficient clearness that the Lands 
were vacant, for them to advise me to grant them to 
the Petitioners. The officers resolved to abide in the 
pursuit they had commenced, <fc to carry their applica- 
tion to his Majesty, and at their desire, I inform your 
Lordships that I have seen the state of the Case which 
they have got drawn up by M r Kemp, the Kings 
Attorney General for this Province, which may be 
depended on. 

I imagine One single Observation will set the dis- 
pute in a clear Light before your Lordships. 

Ranslaers Indian Purchase & Pattent extends from 
Iludsons River to a Place call'd Waueaniaquawick, 
which is therein said to be 24 miles from the River. 
Wawaniaquasick is a heap of stones erected by the 
[Indians] as a Monument oi some Memorable Event, & 
has been known bv the Christians from the date of M r 

V 

Ranslaers Purchase down to the present time but is 
only nine Miles & three quarters from Hudsons River. 
It cannot be supposed that the Indians at that early 
Day, had any notion of English Miles, and even the 
Christians in computing distances thro' Woods, ob- 
structed by Morasses Hills &, Rivers have often sup- 
posed the distance double of what it was found to be 
when measured. 



378 THE COLDEN PAPERS. 

The Place & distance mention'd cannot both stand 
in construing the bounds given to this Tract: the 
Place is most certain, & by leaving out the Distance 
mention'd (24 Miles) and keeping to Wawaniaquasick, 
the Tract is clearly & distinctly bounded on all sides ; 
whereas if we go beyond Wawaniaquasick, to the end 
of 24 Miles, no bounds are given for one very extensive 
side of the Tract, and that which Ranslaer assumes 
gives him 170,000 acres. I am, My Lords, & c 



To Sir William Johnson, Bart. 

Fort George, N. Y. Oct r 15, 1764. 
Dear Sir, 

The Assembly have given such an answer as I ex- 
pected to my Message recommending to them to vacate 
Kayaderosseras Pattent, as both are in Print I need 
not send them. I cannot however forbear a low insinua- 
tion in their answer that Abraham's speech to you is 
not genuine. 

I am directed by the Lords of Trade & Plantations 
in case the Assembly refuse to vacate this Pattent to 
send them an authentic Copy of it, in order that it may 
be laid before the Parliament next Sessions I shall send 
a Copy of the Pattent and Indian Purchase by the 
next Packett under the Seal of the Province for that 
purpose. 

It may be proper for you to send to the Board of 
Trade & Plantations what proofs you can procure of 
the continued claim of the Indians & that the Lands 
granted by this Pattent remain unsettled and unim- 
proved. Of this last be as particular as you can, & of 
every other thing which may be of use. These proofs 
should go by the next Packett at the time 1 send the 
Copy of the Pattent. 

I had no less than 7 Letters from the Secretary of 
States office, on as many different Subjects to Answer 



THE COLDEN PAPERS. 379 

by the last Packett, & four Letters from the Plantation 
Board which required long answers. This with the 
affairs of the Assembly have so Entirely taken up my 
time, that I have not been able to form the draft of the 
Letter I promised. I shall endeavour to do it by next 
Post. The Assembly still continues to sit, but I hope 
they will finish this Week. I am with great esteem & 
regard very affectionately. 



To Sir W m Johnson Bar t 

Fort George, N. Y., Oct r 22 d 1764. 
Dear Sir, 

I now enclose the draft of the Letter which I pro- 

{)osed to write to the Lords Commissioners of Trade & 
Plantations that you may correct if any mistake has 
happened, & that you may amend it as you shall think 
requisite. 

By order of the Lords Commissioners I shall send to 
them a copy of the Kayaderosseres Pattent under the 
Seal of this Province. Two things are necessaiy for 
you to send as full proofs as you can. 1 st That the 
Indians have continually denyed the Purchase to have 
been fairly made. 2. That no Improvements or very few 
are made by the Proprietors & of this last be as par- 
ticular as possible. This alone may be sufficient to 
vacate the Pattent. 

The Packet came in yesterday. No news by her, <fe 
I have nothing but Duplicates. I am very affection- 
ately Sir 



330 THE COLDEN PAPERS. 



To The R t Hon blb Lords Commissioners for Trade 

& Plantations. 

New York 12 th October 1764. 
My Lords, 

The most proper return I can make to the honour 
your Lordships have done me, in consulting me on the 
Plan for regulating the Trade with the Indians is to 
deliver my Sentiments without reserve on such parts 
of it which I think require farther Explanation. 

I am entirely ignorant of Indian affairs in the 
Southern District. 

As the Indians near the borders of the Southern & 
Northern District may Trade sometimes in one District 
<fc at other times in the other, and it must give them 
umbrage to be restrain'd, it may be requisite to fix some 
boundary on the Land for ascertaining the Limits of 
their several Jurisdictions. 

All above Fort Pitt on both sides of the Ohio, ought 
evidently to be in the northern District; and all below, 
on the West side of that River. It seems most proper 
to have the Division Line on the East side of the Ohio, 
at some distance below Fort Pitt. 

The Posts which seem to me at present requisite are 
Oswego, Niagara, Detroit, Missilimakinack, Fort Pitt 
& Fort Chart res. The Indians are desirous of haveing 
a Post fixed at Missilimakinack, tho' some think it may 
be more safe to delay this till after the others are well 
secured. 

The Kings new Subjects in the Province of Quebec 
often go to the Upper Lakes by the Utawa River, which 
falls into S l Lawrence River above Montreal. In this 
rout they avoid all our Posts, and their Traders can- 
not be prevented from going among the Indian Nations 
on the upper Lakes & Tradeing with them: this I 
suppose your Lordships w r ill think impolitic to suffer, 
& is injurious to the Trade of his Majesty's old Sub- 
jects. It can only be prevented by fixing a Tradeing 



THE COLDEN PAPERS. 381 

Post with a Garrison at the first Rapids of the Uttawa 
River and by not suffering the Traders to go farther, 
but that the Indians may come down the River to 
Trade there. The new subjects cannot with reason 
complain of this, as they will have the Trade of this 
Post to themselves, & have the Trade in common with 
his Majesty's other subjects at the other Posts. 

I am informed by some who have travelled over the 
country that the easiest <fe speediest conveyance to Fort 
Chartres on the Mississippi is from Fort Pitt down the 
Ohio. Others from the long carriage by Land to Fort 
Pitt, think a more easy passage for Men Goods & Pro- 
visions may be from Lake Erie by the Miamis River 
near Detroit in the Spring season while the waters are 
high, and by the Uabach. In case either of these routs 
be thought more proper than from New Orleans against 
the stream of the Mississippi, & more convenient for 
Relieving the Garrison at Fort Chartres, it may be 
proper to have a Post where the Uabach falls into the 
Ohio, <fc where the Ohio &, Mississippi unite, or where 
the French lately had Settlements or Posts on the Ohio 
below Fort Pitt. 

In order to lessen the great expence of carrying Pro- 
visions to the distant Posts and Garrisons, some Per- 
sons may be empowered to Purchase of the Indians a 
quantity of Land at each Post, sufficient for a few 
Farmers to raise Provisions, to be allowed a Carpenter 
& Smith at the Public Expence, <fc a sufficient encour- 
agement in the price of what they raise. At present 
there are a sufficient number of new subjects, about 
400 men, at Detroit, who have Cultivated Farms & 
raise Wheat. In order to make them more industrious 
in Farming, they may be prohibited to trade with the 
Indians, or to keep Goods or Spirituous Liquors in their 
Houses for Trade. 

That the Commissaries and other officers be not of 
the immediate appointment of the Superintendants, 
appears to me to be a wise precaution to prevent a kind 
of monopoly, which might be otherwise introduced by 



382 THE COLDEN PAPERS. 

favour. Where great proffits may be gained by favour 
of the officers every prudent check becomes requisite. 

Nothing in my opinion can be of more general ad- 
vantage or tend more to civilize the Indians than to 
establish an easy method of obtaining Justice in every 
Dispute or cause of Complaint It will more effectu- 
ally than anything subdue that fierce spirit and Passion 
for Revenge, which at present characterises the In- 
dians. 

Nothing more is requisite to make a good Judge 
among them than to be a man of Common sense & 
great Probity : but then their powers <fc method of pro- 
ceeding ought to be distinctly & clearly described to 
them. 

As the Indians come from a great distance to Trade, 
and at all times lead an ambulatory Life in Hunting, 
any delay of Justice is in effect a denyal of Justice to 
them. Therefore allowing of Appeals cannot be 
proper in controversies between the Traders and In- 
dians, or in disputes among the Indians themselves. 
There is reason to suspect that in disputes between the 
Traders and Indians when the Judgement goes against 
the Trader, he will on any pretence appeal. A mistake 
sometimes in Judgement cannot be of so much injury, 
as I apprehend may arise from Appeals : but they may 
be safely allowed in Controversies between the Traders 
themselves. 

There is an absolute necessity of allowing Indian 
Evidence, for where Evidence is only allowed on one 
side of the Question, it is impossible that Justice can 
be done, & yet this is the practice in the Courts of 
Law I believe all over North America. Formerly I 
conversed frequently with the Indians, and I allways 
found as great a regard to Veracity among them, as is 
usually found among Christians : tho' in war every kind 
of treachery <fc deceit with their Ennemy 8 seems to be 
allowed among them. The Indians are ashamed when 
discovered in a Lye. Where the Evidences are con- 
tradictory a Judge must determine from circumstances. 



THE COLDEN PAPERS. 383 

That the Trade be confined to certain Posts, & that 
no Traders be allowed to go among the Indians, or to 
sell Goods to them any where else, is of great impor- 
tance, not only to the fair Trader, but likewise in pre- 
serving the public Peace & Tranquility. The Traders 
have been generally Men of low or bad Characters. 
They have cheated & abused the Indians; thence 
Quarrels <fe Murders: and in order to serve some 
sinister view spread false news <fc stories to the preju- 
dice of the public Peace. Not only Penalties on the 
Transgression of this Regulation be inflicted but Re- 
wards for the Discovery. 

There must however be one exception as to the Mo- 
hawks <fc other Indians whose habitations are inter- 
mixed with the Christians. They must be suffered to 
buy at any shop they please. It seems requisite that 
a Commissary be 'appointed particularly for deciding 
summarily all Disputes and Complaints which may 
happen with the Indians in these parts. The common 
Justices of the Peace in those parts, in my Opinion, 
cannot safely be trusted with such Powers. 

1 am at a loss in forming a Judgment as to the Pro- 
hibition of Rum, or other Spirituous Liquors to be sold 
to the Indians. It is a valuable branch of Trade, & 
the Indians have every where gain'd so strong an Ap- 
petite to it, that the Prohibition may give them great 
disgust. I have been well assured that the most dis- 
tant Nations refuse to Trade without part in Rum. 
And as to the Indians who live within our frontiers or 
near them, where the effects of drinking strong Liquors 
are most pernicious & most frequent, I think it imprac- 
ticable to prevent it. The Traders at least may be 
prohibited under severe Penalties to allow any Indian 
to drink any spirituous Liquor while they are at the 
Trading Posts : but the Indians may be allowed to 
carry it to their own Habitations. Every Christian 
where an Indian is Drunk in his House, or who bar- 
gains with or sells to an Indian while he is Drunk, to 
be subject to severe Penalties. 



384 THE COLDEN PAPERS. 

I cannot conceive why Swan shot should be forbid ; 
the Indians can make it from Bar Lead. 

In my Opinion the most effectual method to raise 
the Duties on the Indian Trade, will be paying it at 
the several Posts, where the Furs and Peltry are 
brought in kind, at some certain Rate. By this 
method the Duty will be paid according to the value of 
the Goods, & will be the easiest to the Merchant, as he 
does not pay before he has made his profit, <fe frauds 
thereby more easily prevented. A Certificate of the 
Duties Paid to be carried w r ith every quantity of Fin's 
or Peltry, specifying the number and marks of each 
Pack or Bundle & the Contents of each : subject to be 
inspected and examined at each Post. The Certificates 
at last to be lodged in the Custom House of the Ports 
from whence the goods are to be exported. The Goods 
paid as Duties to be sent at least once a year to the 
Custom House and there sold at public Vendue. 

I can discover no way of evading the Dutys in this 
method, but by the Traders hiring Indians to carry their 
Goods by Land, & thereby avoiding the Posts. This can 
only be done in small quantities, <fe rewards maybe given 
for Discovery. On this occasion I must inform your 
Lordships that the Indians employed by the Traders 
will not make any Discovery. When the Clandestine 
Trade was carried on between Albany and Canada, the 
Indians were the common carriers, & in no one instance 
did they betray their trust, or embezel any one article, 
tho' sometimes they carryed considerable quantities of 
money. If the Duties are paid on Exportation the 
Consumption in the Colonies will be free of Duty. 

I understand that the Trade with the Indians to the 
Eastward of Boston, is in the hands of that Govern- 
ment, & is under good Regulations. 

Having never been concern'd in Trade, I can form 
no Judgement of the propriety of settling a Tariff from 
time to time> but I suspect it may be attended with 
great difficulties & disquiet. It may give the officers 
too much power of favouring on some Emergencies. 



THE COLDEN PAPERS. 385 

As to that part of the Plan which Respects Purchas- 
ing of Lands from the Indians, I think it necessary to 
observe that the Regulations which have been Estab- 
lished & constantly followed in this Province for up- 
wards of Twenty years, appears to have been effectual 
<fe convenient. No complaints haveing been made 
either by the Indians or others, on any Purchases made 
by authority of this Government since that time. By 
these Regulations all Lands Purchased of the Indians 
are previously to be surveyed by the Kings Surveyor 
General of Lands or his Deputy, in the presence of 
some Indians Deputed for that purpose by the Nation 
from whom the Purchase is made. Of late years the 
Deputy Surveyors are not only sworn but give Bonds 
to the Surveyor General for the due & faithfull execu- 
tion of their work. By this means the employing of 
Persons who have not sufficient skill, or of whose in- 
tegrity we cannot be so well assured is prevented, & 
the Surveyor General is enabled to complete a general 
Map of the Province & locate the several Grants pre- 
cisely, which cannot be done, if surveyors not under 
the direction of the Surveyor General are Employed. 
The Surveyor General in this Province makes a Return 
of the Survey upon every Indian Purchase into the 
Secretaries office — your Lordships may be more fully 
inform'd of these Regulations by the Papers which I 
had the honour to transmit to the Board of Trade with 
my Letter of March 1 st 1762. And I doubt not you 
will think it improper to abridge in any manner the 
office of Surveyor General of Lands. 

Since I had wrote so far, I have considered the argu- 
ments for not extending our Posts to Missilimakinack, 
or far into the Indian Country. The principal is the 
Expence : but where there is a real utility the Expence 
becomes necessary. Against which it is urged that the 
Indians travell any distance without difficulty. The 
truth of this may be questioned; & it may not be pru- 
dent to collect many different nations to one place at 
the same time. They may quarrel among themselves, 
25 



386 THE GOLDEN PAPERS. 

when different nations are at Enmity with each other; 
or at other times they may form dangerous combina- 
tions. And lastly it seems prudent to extend our 
knowledge and influence among the Indians as far as 
possible, & to prevent any injurious influence from the 
West side of the Mississippi. 

If I receive any further information I shall not fail 
to communicate it. What I now write is with the ut- 
most submission by My Lords, 



To The R t Hon 8 " Lords Commissioners for Trade 

& Plantations. 

New York 13 th October 1764. 
My Lords, 

In obeydience to his Majesty's additional Instruc- 
tions of the 6th of June, I transmit to your Lordships 
the Reports made to me by the several officers of this 
Government, of the Fees taken by them, so far as they 
have come to my Hands. This will give sufficient in- 
formation of all the Fees taken in this Province, except 
those taken by the attorneys at Law who think them- 
selves too high for me to reach them. 

I have never taken any Fee while the Administra- 
tion of Government has been in my hands, other than 
the Governor's Fees mentioned in the Table of Fees in 
the Secretaries office and Custom House, at which two 
offices all the Fees due to the Governor are Received. 
Nor have I at any time received any fee or Gratuity 
for any Commission either Civil or Military, tho' I have 
issued many of both kinds, or for any service of any 
kind other than those mentioned from the Secretaries 
office <fc Custom House ; though I know People gener- 
ally think otherwise, & some on occasions where I 
thought myself oblidged to tell the truth, seem'd sur- 
prised at it. But as the Instruction more particularly 
mentions the fees taken in passing of Lands, I think it 



THE COLDEN PAPERS. 387 

proper to be more particular on this head. The only 
fee taken by the Governor in this is 25 shillings, or 
three pieces of Eight and one Real, or £ of a piece of 
eight, for every hundred Acres, when the Seal is 
affixed. In this one fee are included all fees preceding 
that act, relative to the Grant of Lands, such as Licence 
to Purchase, Warrant to Survey, Inspecting the Sur- 
veyors Return, & signing a Certificate that the Lands 
are set out conformable to the Kings Instructions, & 
Warrant to the Attorney General to draw the Letters 
Pattent. On all which Fees are due, and all of them 
are included in this one Fee. The taking them at the 
time when the Grantee receives the benefit of them, is 
for his ease ; for when a Petition for Land does not 
succeed, or is not proceeded to effect no fee is taken by 
the Governor. 

2. General Monckton as Governor in chief by his 
Majesty's Instructions, receives the half of this, & of 
every other fee which I receive, as well as one half of 
the Salary. So that were I willing to lessen any fee, 
it seems requisite to have his consent. But I am confi- 
dent your Lordships will not think any fee taken by 
the Governor of this Place to be exorbitant. 

3. This fee of Twenty five shillings has, to my own 
knowledge, been taken by every preceeding Governor 
above forty years ; so that it is as well established as 
any other fee usually taken by the Kings Officers. 

4. When the quantity of Land granted is not more 
than what is allowed by the Kings Instructions to one 
Person, the Governor's fee must appear very moderate : 
and when a number of Persons for their own Conve- 
niency are allowed to unite in one Grant, this favour 
ought not to prejudice the officers in their usual Fees, 
and it never has been expected by the Grantees. 

If I be not misinformed the Governor of New 
York's fees, and the Custom House fees are lower than 
in any other Province. As I was Surveyor General of 
Lands in this Province about forty years, I can more 
particularly inform your Lordships of what relates to 



388 THE COLDEN PAPERS. 

that office. When I first entered upon it I did not 
find in the office one single Map or any Register of 
any preceding survey, so that I was at a loss to dis- 
tinguish between the Lands Granted & the others 
which remained in the Crown. This I represented to 
M r Burnet then Gov r of this Province, & that it 
would be impossible to make a complete Rent Roll, or 
at least to be assured that it is complete without a 
Map of the whole Province, in which every Grant 
may be delineated particularly. To enable me to do 
this he annexed a Salary to the office of Surveyor 
General to be paid out of his Majesty's Quit rents. 
Thereupon I began to make extracts of the boundaries, 
and of the Quit rent reserved of all the Grants on 
Record in the Secretaries office ; but before this could 
be finished a Gentleman interested in several Large 
Grants of Lands, <fe who Corresponded with M r 
Walpole then auditor of his Majesty's Revenue in 
America, put the Governor's granting of Salaries or 
Rewards for Contingent Services out of the Quit rents 
in such a Light that the Governor received an In- 
struction forbidding him to dispose of any part of the 
Quit rents on any pretence whatsoever. Since which 
time the officers of the Crown have been deprived of 
any reward for any contingent service required of 
them. This put a stop to my proceedings about the 
time I had finished the Extracts preceeding the year 
1708. However it has greatly facilitated the makeing 
out of a Rent Roll by the Receiver General ; but any 
Rent Roll must be imperfect while the situation in 
many cases cannot be discovered, nor the quantity of 
Land when it is not ascertained by any Survey pre- 
ceeding or posterior to the Grant as is the case in most 
of the old Grants, especially in the large Tracts. It can- 
not well be imagin d under what great uncertainties 
many Grants in these respects are greatly to the preju- 
dice of his Majesty's Interest <fc the only means of 
removing of them is neglected. The performance of 
the Surveyor Generals Duty, in makeing discoveries of 



THE COLDEN PAPERS. 389 

Intrusions is an ungratefull office to men of <n*eat 
influence, & he must expect discouragement in it by 
every artifice in their Power. 

The office of Clerk of the Council requires consider- 
able ability, & the Salary annexed to that office, is far 
from being adequate to the Service. 

The Attorney General is entirely disabled from 
bringing information of Intrusions, as it is impractica- 
ble for him to pay the unavoidable Expence that must 
attend such Prosecutions, and it cauuot be expected 
that he should, while there is no fund out of which 
such expence can be repaid. 

The Fees of the officers of the Law, do not come 
immediately under the cognizance of the Governor, 
& therefore I must referr your Lordships to a Letter 
which I wrote to the Chief Justice on this occasion, 
and his answer. 

However I cannot forbear mentioning to your Lord- 
ships that from continued Complaints, I believe in no 
other Country is the obtaining of Justice attended with 
such unreasonable Expence as in this to the oppression 
of the Poor, and often with the suppression of Justice 
as to them. This not so much by high Fees <fc Re- 
wards demanded by the Lawyers as by the dilatory 
Pleas as Proceedings allowed by the Courts, and in this 
case I must think the Judges are in blame, by suffering 
them. Many causes hang in Courts many years with- 
out any Decision and the expence continually going. 
Few instances, if I mistake not, are to be found where 
any Case is determined in Twelve Months. 

If the Reports I have repeatedly heard of the ex- 
pence in the Court of Admiralty be true, it will appear 
surprising that they should be allowed in any place 
which bears the name of a Court of Justice. 

The same Lawyers in this country plead in all the 
different Courts ; and the same person takes fees as 
Attorney, Proctor, Solicitor & Council. 

The enclosed Papers contain all on this Subject 
which has come to the knowledge of My Lords 



390 THE COLDEN PAPERS. 



List of Papers sent with the above Letter to the 
Lords of Track. 

1 Copy of L* Gov™ Letter to M r - Chief Justice Hors- 

manden. 

2 Judge's Answer. 

3 Table of Fees taken by Judges of the Supreme Court. 

4 Report of the Judge of Vice Admiralty of fees taken 

in his office 

5 Do. of D. Secretary — 6 Do. of Attorney General — 

7. Do. of Surveyor General of lands. 

8 Do. of Custom House — 9. Do. of Master in Chancery 
—10. Do. Clerk in Do. 

11. Do. of Register in Chancery — 12 Do. of Clerk of 
Circuits. 

13. Do. Clerk of Westchester County — 

14 — of Kings County — 15. of Queens County 

16 — of Orange County — 17. of Dutchess Co. 

18 — of Ulster County — 19. Report of Sheriff of Kings 
County — 20. Do. Queens County. 

21 Do. of Ulster County — 22. Do. of Richmond Coun- 
ty— 23 Do. of Suffolk County. 



To THE R T HONBLE EaRL OF HALIFAX — 

New York 5 th Nov. 1764. 
My Lord, 

For some time past the gentlemen of his Majesty's 
Council in this Province have complained of the want 
of a sufficient number to attend the public business. 
Some of them are frequently absent by the situation 
of their private affairs. Sir William Johnson can sel- 
dom attend, his office of Superintendant of Indian 
Affairs requiring his presence in very distant parts. 
When a small number only attend the public affairs, 
it lessens the influence of the Council with the People, 



THE COLDEN PAPERS. 391 

and often makes the service disagreeable to them who 
do attend. 

It is now about 20 years since George Clarke, Esq, 
Secretary of the Province was first appointed of the 
Council, he has never been in the Province since that 
time, tho' his name has been continued ever since in 
the List, & it is not probable that he has now any 
thought of coming to this Place. If so, I do not imagine 
that he will be displeased to have another appointed 
in his Place, especially if don with a saving of his 
Rank in case of his coming to the Province. 

It is certainly for his Majesty's honor <fe interest that 
the principal officers of the Crown in this Province be 
of his Council. For that reason on the Death of M r 
Chambers, I took the liberty of recommending my 
eldest son Alexander Colden, Surveyor General of 
Lands in this Province (the office I formerly held) to the 
Lords of Trade and Plantations. He has been conver- 
sant in public affairs, & his appointment might have been 
of use to me by increasing that influence in the Minds 
of the People which is requisite for every Governor. 

But as this seems not agreeable, I am peiswaded no 
objection can be made to the appointing Andrew Elliot, 
Esq, Receiver General of his Majesty's Revenues, & 
Collector of the Customs in M r Clarke's Place, in case 
he do not intend to come to this Place. The gentle- 
men preceding M r Elliott in office have all of them 
been of the Council & it is expedient for his Majesty's 
Service that he be. 1 am with the greatest Respect <fc 
Submission. 



To The R t Hon 8 " Lords Commissioners for Trade <fc 

Plantations. 

New York 5 th Nov. 17G4. 

In (lie same words as the last to Lord Halifax 
(mutata mutanda.) 



892 THE COLDEN PAPEB8. 



To Tiie R T . Hon™ Lords Commissioners for Trade 

<fc Plantations. 

New York 6 th Nov. 1764. 
My Lords, 

In obedience to your Lordships commands of the 
10 th of July, I sent a Message to the Assembly of this 
Province recommending to them to pass a Bill for va- 
cating & annulling the Pattent of Kayaderosseres or 
Queensborough, a copy of which message is inclosed. 
At the time 1 sent it I did not expect to succeed, by 
reason of the influence of several leading Men in the 
Assembly, who are interested in the Grants of Large 
Tracts of Land in this Province. 

Inclosed likewise is the Assembly's Answer to my 
Message. Your Lordships are better Judges of the 
Arguments in that answer on general principles than I 
can be, &> therefore I shall only take notice of some 
things peculiar to this Grant. 

First. The Indians have no such thing as private 
property descending by Inheritance. Their Lands are 
all in common, and are only distinguished as to private 
property by occupancy. While any of them occupies 
a piece of Land it is that persons property, but when 
he leaves it, it becomes the property of the next 
Possessor, so that no Right in Fee or of Inheritance 
can be acquired from Indians otherwise than by Grant 
of the Nation. 

2 ndly The Indian Deed by which the Lands con- 
tained in the Pattent of Kayaderosseres were sold is 
made only by three Indians, tfe one of them does not 
execute it, but two others, who are not Parties to the 
Deed, nor is it mentioned of what Nation these two 

are. 

grdiy rpj ie l n( Ji ans a t that time were ignorant of 

English measures or the length of English Miles, and 
probably are still ignorant. 

4 thly The boundaries in the Pattent are uncertain or 



THE COLDEN PAPERS. 393 

at this time unknown. The Hill Tweetonondo as I am 
informed is not known. The Branches of Kayadero- 
seres not known — The number of Falls in Albany- 
River uncertain : when the River is low many falls are 
evident which disappear when it is full or the waters 
high. 

5 thly Supposing the Indian Deed good. The Lands 
contained within the boundaries of the Pattent, as 
claim'd by the Pattentees, cannot by any construc- 
tion be contained within the Description of the Land 
sold by the Indians. It appears by the Map which I 
send with this, that the Lands sold by the Indians 
make only a small part of what is claimed by the Pat- 
tentees. 

Lastly. The Pattentees have made no settlements or 
improvements on the Land. This alone seems sufficient 
for vacating the Pattent, for tho' the Grant be made 
without any condition yet the settling and improving 
of the Lands seems to be a tacit consideration of all 
Grants in the Colonies. 

I did not in my Message to the Assembly mention 
the 1000 acres said to be Granted to the City of Al- 
bany, because no such Pattent is to be found on 
Record. I am told that the City of Albany had by 
their charter Liberty to Purchase 1000 acres where the 
Mohawk Indians now live & cultivate the Lands, <fc 
that in pursuance of this Licence, they had Purchased 
the same ; but that while Col. Cosby was Governor of 
this Province, the Mohawks complaind to him while 
he was at Albany of this Purchase, & he haveing De- 
manded & Obtaind a Sight of the Deed in presence of 
the Indians, he deliverd it to one of them who imme- 
diately put it in the fire & burnt it. 

I have directed Exemplifications of the Pattent &, 
Indian Purchase of Kayaderosseres to be made out from 
the Records under his Majesty's Seal of this Province, 
w r hich I intend to send by this Packet, that in case his 
Majesty think proper to apply to Parliament it may 
appear authentically. 



394 THE GOLDEN PAPERS. 

Thus your Lordships Commands are obeyed as far 
as in the power of My Lords. 



To The R t . Hon 8 " Lords Commissioners for Trade 

& Plantations. 

New York, Nov. 7. 1764. 
My Lords, 

In my last of the 20 tb of September I had the 
honour to transmit to your Lordships a circumstantial 
account of what passed at the opening of the Sessions 
of Assembly in the beginning of that Month to which 
on this occasion I must beg leave to referr. Since that 
time the Assembly have prepared Petitions to the 
King, and to the Houses of Lords and Commons — the 
Contents of which I do not know, as they were kept 
secret from me I did not think it requisite for me to 
enquire. 

A great number of Bills have passed, few of them 
deserving your Lordships notice, most of them being to 
continue Acts near expireing, <fe to provide in the 
usual manner of late for the Annual support of the 
officers of Government. As soon as the transcripts of 
the Acts can be prepared, I shall make such Remarks 
as I think necessary for your Lordships to take notice 
of. 

At present it may be proper to inform your Lord- 
ships that on my Recommendation by Message an Act 
is passed for finally determining the Disputes between 
this Province & the Massachusets Bay Respecting the 
Boundary between them. The material parts of it in 
the Words of the Act, which passed for determininj 
the Boundary between this Province & New Jersey, 
which has received your Lordships approbation. I 
have sent an office copy of it to Gov r . Bernard with my 
Request to lay the same before the Assembly of his 
Province, who are at this time setting, that they may 



THE C0LDEN PAPERS. 395 

pass a similar Act as is done in New Jersey. Since 
which there has not been time sufficient to receive an 
answer. 

After the last Term of the Supreme Court of this 
Province had ended, I received a Petition of appeal 
from the Attorney of Waddell Cunningham (who is 
absent in England) a Copy of which is inclosed together 
with a Bond of four of, the principal Merchants in this 
Place, as security in case the Judgement of the Su- 
preme Court be affirmed. 

The next Day after I had received this Petition, I 
communicated to the Council his Majesty's 32 nd Instruc- 
tion requiring the Governor or Commander in Chief for 
the time being, on application being made for that pur- 
pose, to permit <fe allow of appeals in all civil causes 
from the Courts of Common Law to the Governor or 
Commander in Chief & the Council of this Province. 
And that the Governor or Commander in Chief issue a 
Writ in the manner which has been usually accustomed 
returnable before himself and the Council. At the same 
time I laid before the Council the Appeal offer'd to the 
Supreme Court & the Bond for Security together with 
the Petition of M r Cunninghams attorney. I am well as- 
sured that the facts related in the Petition are true. 
Not any of them were contradicted by Chief Justice 
Horsmanden and Justice Smith, two of the Judges on 
the Bench when the Appeal was made <fe then present 
in Council. After which I informed the Council that 
I thought it incumbent on me to issue the Writ prayed 
for. 

I have ordered his Majesty's 32 nd Instruction, and 
all the Papers which I laid before the Council to be 
entered on the Minutes : and at the desire of the Coun- 
cil I directed a copy of the Instruction to be made out 
for each of them. 

As soon as the Council was up, M r Cunningham's 
Attorney applied for the Writ, I answered I was ready 
to seal it, & on his saying that none of M r Cunning- 
ham's Attorney's or Council at Law, would advise in 



396 THE COLDEN PAPERS. 

drawing it, I told him to get it done by the best ad- 
vice lie could. As he expected the Execution on the 
Judgment at Common Law would issue speedily he 
brought a Writ of Inhibition to all the officers of the 
Supreme Court to stay proceedings in that cause which 
I sealed. A Day or two afterwards I sealed another 
Writ directing the Chief Justice to bring up the Pro- 
ceedings in that Cause to the Governor <te Council, re- 
turnable in 14 Days, which will be the 14 th Instant 

After the Inhibition had been served on the officers 
of the Supreme Court, M r Scott, Attorney for the 
Plaintiff in the Supreme Court, brought an Execution 
to be Sealed by the Clerk of the Court who refusing to 
Seal it, a Suit is commenced against him in the 
Supreme Court. So far I have given your Lordships 
a circumstantial account of the Proceedings as I can 
recollect them without any consideration of the merits 
of the Cause. 

It may be proper to inform your Lordships that this 
is the first appeal from the Common Law Courts which 
has been made in this Province, tho' Writs of Error 
from the Supreme Court have been formerly brought, 
& one is now depending before the Governor <fc Council. 
By Writ of Error (as I am informed) the merits of the 
Cause seldom appear, <fe where a general verdict is 
given for the Plaintiff or Defendant the Merits cannot 
appear, because nothing of the Evidence given to the 
Jury appears on Record. The Verdict is the sole 
foundation of the Judgement. On Writ of Error the 
Regularity of Proceedings in the inferior Court, or in 
some Point of Law can only be corrected by the Gov r 
in Council, & afterwards by the King in his Privy 
Council. So that they can only Judge of some chican- 
ery of the Lawyers in their Proceedings or untie some 
knotty Points of Law without knowing anything of 
the merits of the Cause. But on an appeal the whole 
cause, & the Evidence on which the Verdict is given 
must appear, and the Judgment is on the Merits. 

I cannot doubt of this being his Majesty's intention 



THE COLDEN PAPERS. 397 

in his Instruction to allow of appeals, tho' the Attorney 
General differs from me in his Opinion, <fc thinks that 
a Writ of Error is only meant. 

I shall next inform your Lordships with the freedom 
which my Duty requires, of the reason why in my 
Opinion, so violent an opposition is made to appeals in 
this Province, while they are submitted to in the neigh- 
bouring Governments. It is the great, <fc I may say 
dangerous influence of the Proprietors of the large 
Tracts of Land in this Province. They know what 
must be the consequence in suits depending between 
them and other the Kings Tenants, or the consequence 
of Informations of Intrusion, which may be justly 
brought against them <fec in case the merits of the 
Cause be brought before the King <fe Council. 

In a young Country like this, where few men have 
any acquired Learning or knowledge, where the Judges 
<fe principal Lawyers are Proprietors of Extravagant 
Grants of Land, or strongly connected with them in 
Interest, or family alliances it is possible that a dan- 
gerous combination may subsist between the Bench and 
the Bar, not only greatly injurious to private property, 
but likewise dangerous to his Majesty's Prerogative 
and authority <fe his Rights in this Province, in case no 
appeals as to the Merits of the Cause be allowed to the 
King in his Privy Council. 

No Lawyer in this Place will at this time assist the 
appellant, by appearing for him, or by giving advice, 
& I know all the officers of the Government are intimi- 
dated. Means have been found to carry hints to me, 
that tho' I may think myself at present skreened it 
may be otherwise afterwards, & my Family will cer- 
tainly be exposed to resentment. 

From many circumstances I have reason to think 
that before the administration came first into my 
hands, the Profession of the Law was encouraged & 
assisted in gaining this dangerous influence. 

On the whole this matter appears to me of so great 
consequence to his Majesty's authority, & of so gen- 



398 THE GOLDEN PAPER9. 

eral importance, that I am perswaded it will draw your 
Lordships immediate attention. 

I flatter myself that your Lordships will excuse my 
writing thus freely my sentiments, tho' I should err : 
for it is don with the utmost submission by, My Lords, 



To The Right Hon ble Earl of Halifax. 

New York, Nov r 10 th 1764. 
My Lord, 

In obeydience to your Lordships commands of the 
11 th of August, requiring me to transmit to your Lord- 
ship, by every Dispatch, any information I shall ob- 
tain in relation to the illicit Trade which may be car- 
ried on in this Government, & of the conduct of the 
officers employed for preventing of it, I have nothing 
to add to what I wrote in my Letter of the 9 th of 
October last. 

The Garland frigate & Hawk sloop are gon out, & 
from everything which I can observe, the officers of 
the Customs continue diligent in their Duty. 

M r Temple Surveyor General of the Customs has 
been lately in this Place, in his tour of visiting the 
Posts within his District. He tells me that the allow- 
ance established for his office is not sufficient to defray 
the necessary Expence which attends the execution of 
it. Tho' I do not know what his appointments are, I 
know well that an appointment which would have 
enabled a Family to live with some distinction thirty 
or forty years since, is not now sufficient for the sub- 
sistance of a Family of midling Rank. 

I flatter myself your Lordship will excuse my men- 
tioning of this, when certainly it must be a great dis- 
couragement to an officer, while the more assiduous he 
is in his Duty, the more his private Fortune suffers by 
it, as must be the case, while M r Temple visits the 
Posts at a great distance <fc his appointments be not 



THE GOLDEN PAPERS. 399 

sufficient for the necessary Expense. I am with the 
greatest respect <fc submission, My Lord, 



To The R t Hon bl1 Earl of Hillsborough 

New York, Nov r 5 th 1764. 
My Lord, 

I have the honour of your Lordships commands of 
the 29 th of August by M r Obrien. You may be as- 
sured that nothing shall be wanting in my power in 
favour of M r Obrien cfe Lady Susan Obrien, for their 
Interest or conveniency. 

I immeadiately directed the Surveyor General of 
Lands in this Province to inform M r Obrien of the 
Vacant Lands in this Province in the best manner he 
could, cfe which of them would be most advantageous 
for him. This was done in my presence. It was con- 
cluded from all the informations we could then obtain 
that the most advantageous place for locating 100,000 
acres both as to goodness of the soil & conveniency of 
transportation, would be on the East side of the waters, 
between Crown Point & Ticonderoga. The Surveyor 
who had at that place surveyed Laud for several Re- 
duced officers, haveing assured the Surveyor General 
that the Country there is level for a great extent, well 
timbered & a strong soil. From thence the transpor- 
tation is easy by water either to New York or Quebec. 

It is to be observed however that I know not but 
that the lands in the Memorial of Mons r Michel 
Chartrier de Lotbiniere mentioned in an order which I 
received from the Lords Commissioners for Trade & 
Plantations of the 13th of July last, may interfere 
with this Tract which I propose for the 100,001) acres : 
and therefore it may be proper for your Lordships to 
determine on that claim, in consequence of what I 
have wrote on that subject in my Letter of the 21 rt of 
September. 



400 TUB COLDEN PAPERS. 

Several Tracts have been likewise surveyed for 
Reduced officers adjoining the East side of the Waters, 
between Crown Point and Ticonderoga, to which I 
suppose they have an equitable claim by the Kings 
Proclamation, tho' the Grants are not completed by 
affixing the seal to them, cfe now rest. But as none of 
them, as I am inform'd, extend above two miles from 
the Water, & the whole extent on the Waters is not 
surveyed for them, & necessary highways are all ways 
reserved in the Grants for the use of the back set- 
tlers, I think this the most commodious Location of 
any I know. 

The Purchasing of Lands of the Indians at this time 
in my opinion, must be attended with great expence, 
probably with more than the Lands are worth. The 
Governor must meet the Nation in Person who are 
calld together for that purpose, cfe supported at the 
expence of the Purchaser. They may take several 
Days to deliberate, <fe to procure a general consent, 
& as they have of late been taught to value themselves 
very highly, I am confident they will demand a high 
Price. After all I know of no Lands more commodious 
than those near Crown Point. 

Should the Pattent of Kayaderosseros be Vacated, 
then indeed a more commodious <fe valuable Tract 
may be obtaind, as that Tract is not above 12 or 15 
Miles from Albany. 

I am so continually tized by the Reduced officers 
that I must earnestly beg of your Lordships that some 
resolution be speedily taken in respect to Mons r Char- 
trier's claim for the Surveys in that part of the Country 
must stop, till your Lordships pleasure shall be known. 

It will at all times give me the greatest pleasure to 
receive your Lordships commands, that I may by my 
solicitous obedience evince with what zeal & sincerity 
I am My Lord Your most obedient <fc faithfull Ser- 
vant. 



THE COLDEN PAPERS. 401 



To The R t Hon 8 " Lords Commissioners for Trade 

& Plant™ 

Nov r 10 th 1764 
My Lords, 

Soou after I had the honour to receive your Lord- 
ships commands to have an abstract made of the 
Giants of Lands in this Province, I informed your 
Lordships that I had given directions to the Deputy 
Secretary for that purpose. He has informed me that 
he is very diligent in preparing it by setting several 
hands to work at the same time and as I was very 
desirous that the Grants made since the administra- 
tion came into my hands may appear, I have had an 
abstract of them prepared which I now send with this. 
Your Lordships sometime since received information 
that I had in view to grant large Tracts of laud to my 
own family. I hope I have already answered that 
accusation to your Lordships satisfaction. Now it will 
appear that of thirty children & Grand Children now 
alive, only three have received any Grant of Land from 
me, <fc that of Laud long since purchased of the Indians 
& to which they make no pretensions. 

It is true that the number of Grants while I have 
had the administration are more numerous than usual. 
This was owing to the breaking out of the War. Many 
who had purchased Land of the Indians, & had peti- 
tioned for grants of the same in the time of my Prede- 
cessors, were discouraged from making settlements 
from the bad disposition first, and afterwards by the 
incursions of the Indians diu not proceed to compleat 
their Grants till after the Conquest of Canada. So 
that only thirteen of fifty five originated since the 
administration came first into my hands. Unless to the 
Reduced officers be reckond of which there are 24 & a 
great number now prepareing for the Seal, but these I 
think cannot properly be said to originate with me. 

I shall never fail to give every information your 
26 



402 THE COLDEN PAPERS. 

Lordships desire, that I may obtain the honor of being 
in your Lordships Esteem, My Lords, <fc c 



To The Hon 31,1 Commissioners of the Customs, 

London. 

New York, Nov r 9 th 1764. 

M r Temple Surveyor General of the Customs for 
the northern District of America, haveing appointed 
Christopher Blundell Land Waiter in this Port, M r 
Blundell has desired my recommendation for your 
approbation of his appointment. I have known him 
many years. I have frequently employed him both in 
public & private business & found him at all times 
diligent <fc faithfull. I can therefore freely recom- 
mend him as a proper person for the office to which 
M r Temple has appointed him. I am with great 
Regard Gentlemen 



To The R t Hon " Lords Commissioners for Trade 

& Plantations. 

New York, Nov r 1764. 
My Lords, 

At the earnest desire of a great number of Persons 
holding Lands by his Majestys Letters Pattent under 
his Seal of this Province paying the yearly Quit rent 
of 2/6 for every 100 acres; I transmit to your Lord- 
ships copies of their Petitions to me, Praying his Majes- 
ty's gracious assistance in defending their Titles against 
trie unreasonable claims of the Proprietors of two great 
Tracts adjoining or near to the Lands which they 
hold, who pay m inconsiderable Quit rent for the 
whole of what they claim. With their Petitions I 
likewise Transmit a Map of the Lands formerly granted 



THE COLDEN PAPERS. 403 

to Capt n John Evans since vacated a very considerable 
part of which has been granted to the Petitioners or to 
Persons under whom thev claim to which is annexed 
the Maps of the Tracts, the Proprietors of which claim 
the Lands of the Petitioners formed by the Surveyor 
employed by the Petitioners — and a state of the con- 
troversy. 

In my humble opinion this matter deserves your 
Lordships attention, it will help to explain the means 
taken by the great Pattents almost every where in ex- 
tending their boundaries & of encroaching on the 
Kings Lands, or of his Tenants. The Petitioners are 
really poor industrious Farmers, not able to contend 
with rich & powerfull Men, tho 1 they have by their 
labour rendered a Country usefull to the Community 
which otherwise was of no benefit either to the King 
or Country — I know of no Improvements made by the 
Proprietors to the Westward of the ridge of Hills, 
which in my opinion bounds the Minisink Pattent to 
the Eastward, or in any part of the land which was 
designd to be granted to the Proprietors of it, and 
now after these industrious people have improved 
Lands & defended them against the Savages, as soon 
as a Peace is made these avaricious ingrossers of Land 
would take their lands and all the Fruits of their 
Labour & support of their families from them. For 
these Reasons I must humbly recommend them to the 
Kings protection <fe favour. 

By his Majesty's 46 th Instruction, his late Majesty 
haveing been inform 1 d of exorbitant Grants of vast 
Tracts of Lauds particularly in the Counties of Orange 
& Ulster, the Governor is directed to put in practice all 
methods whatsoever, allowable by Law, for breaking 
and annulling them, and that in case of auy difficul- 
ty therein that the Gov r . report to your Lordships what 
he may think fifrther necessary or conducive towards 
effecting the same. I must therefore inform your 
Lordships that in my opinion the Pattents described in 
the Map uuder the names of Minisink <fc Wawayanda, 



404 THE COLDEN PAPERS. 

were particularly intended by the said Instruction, and 
another Pattent adjoining to Minisink to the North- 
ward of, it which, by the best information I have, 
claims above a Million of Acres. 

It has not hitherto been in the power of the Gov r . to 
put this Instruction in Execution, by reason he has no 
fund out of which the Expence of a Lawsuit can be 
defrayed. The Proprietors of Minisink have made a 
few settlements on the East side of the Hills on that 
part which has not been regranted. If his Majesty 
shall think proper to order his attorney General to 
file information of Intrusions in the Supreme Court, & 
to prosecute the same at his Majestys Expence out of 
the Quit rents: The Attorney General, if I mistake 
not may take exceptions to the validity of the Pattent 
when produced in Evidence, thereby the whole merits 
of the Cause as well as of the true boundary, may be 
judicially determined ; especially if the llight of Ap- 
peal to his Majesty in his Privy Council be supported. 
This method would effectually relieve the Petitioners 
from all further Prosecution, but as to the propriety 
of this Method I must submit to those who are skill'd 
in the Law for I am not. 



To The R t Hon 1 "* Earl of Halifax. 

New York, 10 th October 1764. 
My Lord, 

In obedience to your Lordships Orders of the 11 th of 
August signifying to me his Majesty's pleasure that I 
should recommend to the Assembly of this Province to 
establish Ferries on the Post roads and to procure a 
Map of the Province for the better information of the 
Post Master General with the present course of the 
Posts marked thereon. 

I have the honor to inform your Lordship that the 
Ferries on the Post Road through this Province are 



THE COLDEN PAPERS. 405 

well established, & convenient Inns everywhere at 
proper Distances on that Road. The Surveyor General 
of Lands in this Province who is likewise agent for the 
Packet Boats to whom I have shewn your Lordships 
Letter, will form a Map & give the Post Masters 
General all the information he can on this head. I am 
with the greatest Respect, My Lord. 



To The R t HoN nLE Earl of Halifax. 

New York Oct' 14 th 1764. 
My Lord 

In obeydience to his Majesty's pleasure signified to 
me by your Lordships Letter of the 11 th August, re- 
quiring me to transmit to your Lordship a List of all 
Instruments made use of in public Transactions, Law 
Proceedings Grants, Conveyances, Security* of Land 
or money within my Government in Order that in case 
the Parliament of Great Britain pursue their resolution 
of charging a Stamp Duty in America, they may be 
enabled to do it in the most effectual & least burthen- 
some manner — I have required the assistance of his 
Majesty's attorney General, being incapable of myself 
to prepare such a List with sufficient accuracy. 

The Attorney General has accordingly prepared such 
a List which I now enclose, <fc I believe he has been dili- 
gent and accurate in the performance, & that the List 
is full. I am with the greatest Respect My Lord. 



To Sir W k Johnson, 

Fort George, N. Y. Nov r . 19th. 1764. 
Dear Sir, 

I was so much engaged in finishing my Dispatches 
to his Majesty's Ministers when I received your favour 



406 THE COLDEN PAPERS. 

of the 3 d Instant that I could not answer it by that 
Post. 

I have transmitted a copy of the Indian Purchase 
& Pattent of Kayaderosseras to the Lords of Trade & 
Plantations under the seal of the Province so that it 
may be brought authentically before the Parliament, 
and I shall with this send you a copy of the Indian 
Deed if I can get it copied before the Post goes. 

The proposal of your reconciling the Indians to that 
Pattent was another low insinuation that the dissatis- 
faction of the Indians arises from you, which the affi- 
davits of which you sent me copies remove, & there- 
fore it may be proper for you to send duplicates of 
them signed by the Justice before whom they w r ere 
taken. 

I shall be well pleased with any alteration you think 
proper to make in the Draft of the Letter I sent you 
for I have no other view but to serve you. I am told 
the Kin" has taken a resolution not to Grant more 
than 20,000 acres to one Person, if so, as I believe it is 
true, it may be proper in case your Tract exceeds that 
quantity, to think of some other name for the re- 
mainder, as I find has been done in England bv some 
great Men there, when they wanted more Land than 
the King would allow to one person. 

Maybee has presented a Petition to me in Council 
which is referred to you. If he cannot with your as- 
sistance make the Indians easy, I shall order the 
Attorney General to prosecute, but in what form it 
can be done I know not. 

There is a matter of great consequence now before 
the Council whether appeals are to be allowed from 
the Courts of common law in Civil cases to the Gov r . 
& Council and from them to the King in his Privy 
Council. The Judges have refused to admit of such 
appeals, & I stand singly in support of the Kings Pre- 
rogative. This will have great consequences after it 
comes before the King in his Council, as it must do. 
The Owners of the great Pattents are terribly affray d 



THE COLDKN PAPERS. 407 

of it & fill the Minds of the People with unjust & un- 
reasonable apprehensions, but all they can do will only- 
serve to irritate the Ministry for the Kings Prerogative 
will be zealously supported whatever they may fool- 
ishly think of intimidating the King & his Ministers. 
I am with great esteem & affection. 



Court of Errors: Cunningham agt. Forsky. 

Copy from the Original. Nov r . 19. 1764. Read and 

Orderd to be enter'd. 



Between Waddkl Cunningham 1 
Claiming to be Appellant 

against 

Thomas Forsey 

Reasons offerd by Daniel Horsmanden, Esq. Chief 
Justice of the Province of New York to his Honor 
the Lieutenant Governor, and the Honourable his 
Majesty's Council for the said Province against re- 
turning an Instrument under Seal whereby all Pro- 
ceedings on the Verdict lately obtaind by the said 
Thomas Forsey agaiust the said Waddel Cunningham 
in the Supreme Court are commanded to be stayed, 
and an Instrument under Seal whereby the Justices of 
the said Supreme Court are commanded to cause the 
Proceedings whereon the said Verdict was founded 
to be brought before the Lieut. Governor and the 
Council. 

I beg leave to prefix a state of the Proceedings be- 
tween the Parties, not only the more clearly to avail 
myself of those reasons, but also, in compliance with 



408 THE COLDEX PAPERS. 

mv Oath of office, bv which I am bound to certify the 
Kings Majesty, of the Proceedings on which those In- 
struments (which I consider as Letters in Delay of 
Justice) are said to be grounded. 

On Wednesday last I brought into this Court those 
Letters, and as both the Prohibition <fc Command ap- 
peard to me unwarrantable, I thought it mv Dutv to 
obev neither, but to lav the Instruments before vou, 
and to assign my Reasous for the part I acted on this 
new <fc Extraordinary occasion. The libertv vou grave 
me to reduce the substance of what I theu offerd to 
writing, as it affords me an opj>ortunity to Express 
mvself with greater perspicuitv is an Indulgence for 
which I return your Honour <fc the Council my hearty 
thanks. 

The Suit which occasioned those Letters to the 
Judges (for they directed to us all) was an action of 
trespass brought in the Supreme Court, in which the 
Plaintiff Forsev Declared for an Assault, Batterv & 
Wounding to his damage £5000, upon which the cause 
was at issue on the Plea of not Guiltv : and the Jurors 
in the last Term of October found for the Plaintiff and 
assessed his Damages at .£'1500. 

The Pannel consisted of a Special Jury of Free- 
holders, struck at the Defendants Request. No chal- 
lenges were made to either of them — The tryal took 
up Twelve hours — Xo evidence that was offerd by either 
Partv was refused to be admitted l>v the Court — AH 
the Judges were uj>on the Bench — The Plaintiff had 
three <fc the Defendant four Gentlemen attending as 
their Council. The proofs were largely summed up on 
both sides, and the Barr <fe Country must unanimously 
declare that the Tryal was Regular and Solemn, and 
concluded with the utmost Fairness <fe Deliberation. 

On the 27 th of the Month tho' the last Day of the 
Term on which no Special motions are made, the Coun- 
cil for the Defendant were indulged with a motion for 
a new Tryal. But no Reason being assigned, but a 
Complaint that the Damages were excessive (which did 



THE COLDEN PAPERS. 409 

not appear to the Court to be well founded) and the 
Trespass being very atrocious and the proofs clear, the 
Court over Ruled the Motion. 

It affords strong ground of Presumption that the 
Process and Pleadings are Regular since no Writ of 
Error has been yet offer'd to us. The Verdict of the 
Jury must therefore be the sole cause of Complaint, 
and Relief against that, is now expected from your 
Honours. 

This seems to be founded upon an erroneous Inter- 
pretation of the 32 ml Instruction given by his Majesty 
to the Gov r of this Province. A construction which I 
would not Countenance by an obedience to the Letters 
sent to me for the following Reasons. 

I. Because it supposes the Royal Order to aim at 
altering the ancient <fc wholesome Laws of the Land. 

By the common Law of England the Trial of Facts 
is intrusted to the Jury, and the power to declare the # 
Law upon them, is committed to the Kings Judges. 
These are distinct Provinces, and the Limits between 
them guarded by invariable usage & the most incontes- 
table authorities — the Errors of the Judges may be cor- 
rected by superior Judicatories, as for instance, those 
of the Kings Bench in the Exchequer Chamber and by 
the House of Peers — But in all these Removes the Ver- 
dict of the Jurors suffers no Re-examination but is final 
and decisive. This is the Law at Home. 

The Supreme Court here proceeds in the main ac- 
cording to the practice of the Courts at Westminster, 
and the common Law of England, with the Statutes 
affirming or altering it, before a Legislature was estab- 
lished here, and those passd since such establishment 
expressly extended to us, with our own Legislative acts 
(which are not to be repugnant to the Laws of Eng- 
land) constitute the Laws of this Colony. And tho' 
there are many instances of Judgements Reversd and 
affirm'd in a Course of Error, before the Governor & 
Council, I do affirm, with the highest confidence that 



410 THE COLDEN PAPERS. 

not one Verdict was ever re-exarnin'd by any superior 
Judicatory in the Province. 

An attempt then to reexamine the Verdict of a Jury 
is repugnant to the Laws both of England & this 
Colony. This is well known to the Crown, and to 
suppose that his Majesty design'd to change the Law, 
and that too in one of its most important articles, is 
certainly absurd, and being dangerous both to the 
Prerogatives of the Crown and the Liberty and safety 
of the Subject; it is in my humble Opinion highly 
Criminal to assert that the Kings Order has any such 
aim. 

ipiy j$ OY j s there any shadow of reason from the 
Words of the Instruction to countenance such a bold 
Interpretation. 

'Tis true the Governor is to permit & allow Appeals 
from the Courts of Common Law, and who can deny 
* but that in common Speech the bringing of a Writ of 
Error, as it carries the Cause from a Lower to a higher 
Tribunal, is an appeal — and surely that must be the 
best explication which satisfies the Term without alter- 
ing the Law, especially if we consider that the Royal 
Instruction given before the year 1753 adopted that 
very Term as applicable to Laws of Error, the Words 
of the former Instructions running thus you are "to al- 
low of appeals in cases of Errors from any of the 
Courts of Common Law" and that such is the meaning 
of the appeal mentioned in the present Instruction as 
it is understood by his Majesty in Council will appear 
from the Case of Gordon and Lowther. 2 nd Lord 
Raymond 1447. Add to this, that the present In- 
struction, does itself refute the Interpretation upon 
which this Measure is founded, for you'll be pleased 
to observe 

(1) That the truth is that all the appeals we 
have had (I except none) have been in Error, 
and prosecuted by Writs of Error, and it 



THE COLDEN PAPERS. 411 

being his Majesty's Pleasure that the Gov r 
upon Appeals shall " issue a Writ in the 
manner which has been usually accustomed." 
No other Appeal than by such Writ is di- 
rected. 
(2 dly ) The Judges of the Supreme Court tho' 
members of the Council are forbidden to vote 
on the Decision above, for which I can assign 
no other reason than because they are sup- 
posed to have prejudged the cause, especially 
as Leave is nevertheless given them to render 
the Reasons of their Judgement as the Judges 
do in England upon Error brought before the 
Peers. And as they are only Judges of the 
Law, & not Triers of the Facts, these clauses 
evidently imply that the appeal given, is only 
in Error <fe not upon the Verdict of the 
Jury. 
Besides this, numberless objections against a 
contrary construction may be drawn ab In- 
convenient — Permit me to mention a few : 
I. Who is ignorant that in the Courts of Common 
Law the Evidence of the Witnesses to the Jury is all 
vivA voce I It results therefore that they can transmit 
nothing but a transcript of the Record which con- 
tains no part of the proofs. The Court above remains 
then uninformed of the Facts upon which the verdict 
was given and cannot adjudge upon them without a 
Re-examination of the Witnesses — Against that at- 
tempt several objections instantly occur. I will hint 
at but two. 

(1) The Cause must be made Res iutegra : for 
the want of written Memorials of the first 
Evidence, renders it impossible to confine the 
proofs above to what they were in the first 
production to the Jury — And so the trouble 
and charge of the Trial to the Parties Court 
cfc Country were all to no purpose, and 



412 THE COLDEN PAPER8. 

(2 dly ) It tends to open a Flood Gate to Perjury : 
for both Parties being now apprised of the 
Proofs which were secret untill the first Trial 
every effort will be made to blacken the char- 
acter of the most material Witnesses, and sup- 
ply all former Deficiencies. 

And from these Sources such streams will flow 
as would extort the Groans of all who delight 
in the administration of Justice. 

II. The appeal contended for impeaches the Wis- 
dom of our Law in that distinguishing article of Trials 
by Jury, since all Verdicts in Causes above the value 
of .£300 sterling would be worse than in vain. 

III. It will encourage a Spirit of Litigiousness, and 
introduce Idleness to the ruin of many Families <fe the 
great impoverishment of the Country. 

IV. The Expence attending such appeals will be in- 
tolerable. As the proofs before the Governor & Coun- 
cil must necessarily be reduced to Writing to form 
what Civilians call the Apostella, for the next Remove 
of the Cause to his Majesty in Privy Council, it will 
follow that according to their usage there must also be 
Interrogatories — Cross Interrogatories, Examinations 
& cross Examinations, and the production of Exhibits 
— And he that is acquainted with the Process of the 
Civil Courts will readily agree that the Evidences in- 
troduced on a common Law Trial of Twelve or Twenty 
four hours, especially when the Titles to real Estates 
are in Question, & Deeds offerd, will if reducd to 
Writing swell the Apostella to a size so Enormous, 
that the trouble and charge of the Suit will often sur- 
pass the value of the thing in Demand. And it may 
be of use to observe here as a further proof that it was 
not the object of the Instruction to allow appeals upon 
the whole Merits, that you have not officers to transact 
the Business that would thereby be introduced — The 
Court of the Gov r & Council haveing neither a Regis- 
ter nor Examiuer to this Day, appointed by the Crown. 



THE COLDEN PAPERS, 413 

V. It would be impossible for those Courts of Ap- 
peal to discharge the Duty to which they would in 
such case be oblidged. The Gov r & Council must set 
de Die in Diem, all the year round, for the business 
of their Colony. And how then can his Majesty in 
Privy Council besides attending to the arduous affairs 
of his Kingdoms, examine all the tedious Complaints 
brought up from all the Provinces for his Royal 
Decision. 

VI. To what an amazing insecurity & danger must 
the subject according to this Project be reduced <fc ex- 
posed ? Let me Specify a few Instances 

(l 8fc ) As the Expence, so the delays will be 
infinite. How great then the encouragement 
for Contention. What wrongfull Possessor 
& debauched Tenant will give up his unjust 
Defence? What Trespasser will pay the 
Damages of an injured Plaintiff? when 
as in this case the Death of either Party 
is the perpetual extinction not only of the 
suit depending but the very cause of action ? 
What loser will not appeal upon the bare 
presumption that the first Witnesses against 
him may be dead or absent on the new 
Trial! 

(2 ndly ) Witnesses of good & bad characters will 
have in effect equal Credit with the Judges, 
for they & those by whose Testimony they 
are to be supported, or discredited, will all 
be unknown by the Judges who are to pro- 
nounce upon their Evidence on appeal. 

(3 dly ) New modes of introducing Proof will 
necessarily establish new Rules relative to 
them, and as all special Laws, cannot be fore- 
seen nor provided for, the subject will be 
tryed by new Laws, and often by Laws un- 

Eromulged, or to speak more properly by the 
dictate of Power without Law, 



414 THE COLDEN PAPERS, 

These are some of the Reasons which induce rae to 
be of Opinion that the Kings Instructions do not coun- 
tenance the Exercise of any Judicial authority to re- 
verse the Verdict of a Jury — And as they give me the 
fullest satisfaction I shall forbear assigning any other 
tho' there are many. The first is sufficient for us who 
sit as Judges. The Law warrants no such Letters, as 
those which the Defendant sued out and delivered to 
me. We have taken the Oath prescribed by the stat- 
ute of the 18 th of Ed. 3. and have Sworn " to deny no 
Man common right by the Kings Letters nor none 
other Man's, nor for none other Cause " but to pro- 
ceed " to execute the Law, notwithstanding the same 
Letters." 

Upon the whole therefore I cannot avoid complain- 
ing of these Letters, as an unwarrantable abuse of the 
King's Name and of his Judges. He that sued them 
out did it at his Peril and ought to answer the con- 
tempt. They are not only against Law, but conclude 
in terms very disrespectful. We are commanded to obey 
at our Peril ; and as an outrage upon all the Rules of 
Decorum one part of the abject Duty injoind upon us 
is to notify the Plaintiff Forsey, even of the inaignity 
offered us. 

I have only to add that as the power of administer- 
ing Justice, is one of the most important of all powers, 
it ought not to be assumed without the clearest author- 
ity. None of your Predecessors ever heard of an ap- 
peal from the Verdict of a Jury. My long Residence 
in the colony and seat on the Bench and at the Board 
of Council, have given me opportunities for some con- 
siderable Experience, and I know of no attempt till 
this, to bring such an appeal. And from the refusal of 
Council to support the Def* 8 . Application you may 
naturally conclude that the whole body of the Law 
consider it as illegal. — Whether a single Word in the 
Royal Instructions will warrant your assuming this 
great & important Power, I submit to your own Delib- 
erations, not doubting but that many Objections will 



THE COLDEN PAPERS. 415 

arise in your own Minds, which have been omitted by 
me, & might have been suggested by my Brother Jus- 
tices who are now unfortunately all out of Town. 

19 th November 1764. 

Dan. Horsmanden. 



Copy from the Original Minutes of the Question 
upon which Mesf Livingston, Smith <7 r , 
Ricks, Scott, and Duane were desired to give 
their Opinions on Monday the 19* of Novem- 
ber 1764, before the Gov r fy Council and upon 
whwh they all {except M r Hicks who was not 
present) severally delivered their Opinion in 
(lie Negative. 

Question. — Whether a Court can, by the Crown, 
be legally constituted in this Colony, to hear 
Civil Causes in a way of Appeal from a Com- 
mon Law Court, according to the Course of 
the Civil Law, upon the whole merits & re-ex- 
amine the Evidence given to a Jury, and re- 
verse or control their Verdict. 

The Question upon which the Attorney General 
was, at the same time Orderd to give his Opinion. 

Whether the Crown has by the 32 nd Instruction 
constituted a Court in this Colony to hear 
Civil Causes in a way of Appeal from the 
Courts of Common Law according to the 
course of the Civil Law, upon the whole merits 
and re-examine the Evidence given to a Jury 
and reverse and controul their verdict. 

He declared he was of opinion the Crown meant by 
the 32 nd Article of its Instruction to Constitute the Gov' 



416 TIIE COLDEN PAPERS, 

& Council a Court of Errors & not a Court of Appeals 
in the latitude the Question supposes. 

The Question which the L*. Governor proposed for 
the Lawyers to give their opinion on — & which upon 
debate arising was reduced to Writing and again pro- 
posed by him, but was not voted on, no one seconding 
the motion — [J\ T . B. — This is taken from the origi- 
nal Question reduced to writing in the Court by M r 
Banyar.] 

Whether the King by the 32 nd Article of his In- 
struction to his Captain General hath given 
an appeal in all Civil Causes from the Courts 
of Common Law to his Gov r . & Council, and 
whether his Majesty has by the said Instruc- 
tion constituted his Governor & Council a 
court for the hearing & determining of such 
Appeals. 



Petition to the Supreme Court to allow an Appeal to 
ilie Gov*. (J* Council in the case of Cunningham 
and For&ey. 

To the Hon blc the Judges of his Majesty's Supreme 
Court for the Province of New York now setting — As 
Attorney to Waddel Cunningham I do pray an Appeal 
from the Verdict and Judgment given in this Hon ble 
Court against the said Waddel Cunningham at the suit 
of Thomas Forsey, to his Honor the Lieut. Governor 
and Council of the Province of New York, or the Gov- 
ernor & Council of the said Province for the time 
being, and I do now tender a Bond executed by Mess™ 
Jacob Walton, Theophilact Bache, Hugh Wallace & 
W m . Kelly of the City of New York Merchants in the 
Penalty of JE8000, to pay all such Damages Costs & 
Charges as shall or may be awarded adjudged or De- 
creed by his Honor the Lieutenant Governor & Coun- 
cil or the Gov'. <fc Council for the time being, agree- 



THE C0LDEN PAPERS. 417 

able to his Majesty's Royal Instructions Relative to 
Appeals and do pray that this Hon ble Court will order 
the acts & Proceedings in this cause to be transmitted 
cfe laid before his Honour the Lieutenant Gov r . & Coun- 
cil for them to proceed on said Appeal agreeable to his 
Majesty's said Royal Instructions. 

Robert R. Waddel [l. s.] 

New York 27 th October 1764. 



Petition ofH. R. Waddel, Attorney of Waddel Cun- 
ningham Praying a Writ to Prohibit tlie proceed- 
ings of the Supreme Court, and to remove tlie same 
before (lie Governor and Council, a$ a Court of 
Appeals in the case of Forsey and Cunningham. 

To the Hon ble Cadwallader Colden Esq. his 
Majesty's Lieut Governor & Commander in 
Chief of the Province of New York and the 
territories depending thereon in America, and 
the Hon ble his Majestys Council, Judges of 
the Court of Appeals of the said Province. 

The Petition of Robert Ross Waddel Attorney for 
Waddel Cunningham 

Humbly Sheweth 

That in an action of Trespass Assault & Battery 
commenced in the Supreme Court of Judicature for s d 
Province by Thomas Forsey against Waddel Cunning- 
ham; a Verdict was given against the Defendant on 
Friday the 26 th Day of this Inst. October for £1500 
Damages besides Costs of suit, which Damages the Pe- 
titioner who is Attorney for the Defendant conceiving 
excessive & unreasonable desired the Attorney <fe Coun- 
cil in the cause to appeal from the Verdict & Judgment 
unto your Honours as a court of appeals, which was 

27 



418 THE COLDEN PAPERS. 

absolutely refused by said Attorney & Council. That 
thereupon your Petitioner did apply to George Harri- 
son, Esq. a Notary Publick attending in Court at the 
request of your Petitioner to move the Court for such 
appeal which he did accordingly, requesting the Court 
to make a Minute of his Motion, which w r as refused 
for the present, but the Court declared they would 
consider of it till next morning, when the Defendants 
Council advised a Motion to be made to set aside the 
Verdict, the Damages being excessive: which being 
made accordingly the Court determined not to grant 
it. That thereupon a Paper in Writing was deliverd 
to the Court praying the Defendant might be allowed 
to ftppeal from the Verdict and the Judgement there- 
upon, and a Bond tendered at the same time with good 
& sufficient Security to pay unto the Appellee all such 
Damages Costs & Charges as should be awarded ad- 
judged and Decreed by your Honours on said Appeal 
agreeable to the 32 nd Article of his Majesty's Koyal 
Instructions to his Excellency Governor Monckton, a 
copy whereof certified by the Deputy Clerk of his 
Majesty's Council was also presented to the Court 
which Prayer & Request as likewise the Petitioners 
further Request then made that the Court would be 
pleased to admit and order an Entry to be made of 
such motion for an appeal, and the tender of such Se- 
curity as aforesaid (which Petition <fe Bond the Pe- 
titioner begs leave to present herewith) were also re- 
fused by the Court. \ our Petitioner therefore most 
humbly prays your honours will be pleased to take the 
premises into Consideration and to order such a proper 
writ to be framed and issued : Whereby the Hon ble the 
Supreme Court of Judicature of the said Province <fc 
all the officers of the said Court Judicialand Ministe- 
rial may be commanded and enjoined not to proceed 
any farther in the said cause till your honors have 
heard & determind the same : And for this purpose 
directing the said Cause & the proceedings already had 
therein to be removed before your honours agreeable 



THE COLDEN PAPERS, 419 

to the aforesaid Royal Instructions : And your Pe- 
titioner shall ever Pray. 

Robert R. Waddel. 

New York 30 th October 1764. 



To General Gage. 

Fort George N. Y. Dec. 8 1764. 
Sir 

This Day I communicated to the Council the Letter 
which I had the honour to receive from you of yester- 
days date. In consequence of it the Council have ad- 
vised me to prohibit all hostilities against the Indians, 
& to open a Trade with them; but on this condition 
that the Traders take Lycences of the Governor, & 
that they give Bond with Security that they do not 
expose to sale or sell to any Indian beyond the Chris- 
tian Settlements, any kind of goods at any other Place 
than where you, or the Commander in chief of his 
Majesty's Forces has or shall post Garrisons. 

The Council have desired me to inform you of this, 
that if you think proper, you may communicate the 
Resolution of this Government to the other Govern- 
ments, that they may conform to it, it will be greatly 
conducive to the preserving of the Peace. You may 
likewise think it proper to give Orders to the Com- 
manding officers at the several Posts not to suffer the 
Traders to Pass or sell Goods, without the Lycence of 
the Governor of the Colony where they are Inhabi- 
tants, and not to suffer them to go out oi the common 
Road from Post to Post. 

No Man more heartily rejoyces at the Success of 
your Measures for reduceing the Indians to a proper 
Submission than Sir, Your most obedient & most 
Humble Servant. 



420 THE COLDEN PAPERS. 



To The Hon™* Sir William Johnson. 

Dec r . 10 th 1764 
Dear Sir, 

I hear that the General has sent an Express to Al- 
bany, by which I conclude you will receive an account 
of Col. Bouquet's Success, by which you may soon ex- 

fect the Shawanese & Delaware Chiefs to conclude 
eace with you in form. In short Col. Bouquet, the 
General tells me, has don everything that was expected 
from that Expedition. The General in his Letter to me 
thinks it proper that I should open the Trade with the 
Indians, which I have accordingly done with the advice 
of the Council by Proclamation, as you will see in the 
Gazette of this Day, which I design to send to you. In 
it likewise you will find the account of Col. Bouquets 
success as I received it from the General. If you 
have anything to propose in. relation to the Trade 
please to Communicate it before Licences are granted 
to the Traders. 

As it is not doubted that the other Colonies on the 
General's Letter to the several Governor's, will open 
the Trade with the Indians, it was thought improper 
that they should have the Advantage of this Colony in 
time. 

No doubt you will or have heard of a grand Dis- 
pute about allowing appeals to the King. The whole 
Body of the Law, Judge & Lawyers, are violently 
against it, as it will undoubtedly lessen their Power & 
Influence. Whatever be done in this place, I am very 
confident I shall have it in my power to humble them, 
& to curl) their Licentiousness after this, tho' I now 
stand alone in this Dispute without any assistance. 

You will likewise find the Benefit of it in your 
affairs both Public & Private. 

I have not a single line by the Packett. Gen 1 Gage 
is appointed commander in chief in place of Sir Jeffery 
Amherst who has resigned. This disappoints some 



THE COLDEN PAPERS. 421 

People as they now doubt of G 1 . Monckton's return to 
this Place. 

I am much hurried in Writing my Letters by the 
Packett which is to go next Thursday. I am, &°. 



To the R T Hon bl * Lords Comss* 8 . for Trade & 

Plantations, <fc c . 

New York, 13 th Dec r 1764. 
My Lords, 

I had the honour to acquaint your Lordships by my 
Letter of the 7th of last Month, of an Appeal brought 
from the Supreme Court of this Province to the Gov r . 
& Couneil ; and of the violent opposition made against 
Appeals in all cases. As this- affair has, in the Pro- 
ceedings become more and more interesting, & appears 
to me of the greatest consequence to his Majesty's 
authority in this Province, & to the Dependence of 
the Colonies on the Crown of Great Britain, I have 
thought it my Dutv to transmit the whole Proceedings 
to the Earl of fialifax his Majesty's Secretary of 
State : for appeals from the Governor & Council, are 
to the King in his Privy Council. I expect they will 
be transmitted to your Lordships from the Secretary 
of States office. 

While the Cause is depending a copy of the Speech 
which Chief Justice Horsmanden made in Council 
when he gave his reasons for not obeying the writ of 
appeal is printed and privately handed about with an 
inflammatory Preface, containing several fallshoods, & 
suggestions of Criminall Prosecutions, in order to in- 
timidate the Officers of the Crown, in doing what they 
may think their duty upon this occasion. This I hope 
will excite your Lordships attention, as it tends ex- 
treamly to weaken the hands of Government already 
too weak in this Province. This printed copy has 
been industriously kept from me. 1 sent my Son to 



422 THE COLDEN PAPERS. 

the Printer for a copy — be said all the copies were 
delivered to John Morin Scot. Afterwards I sent my 
Son in company with another Person to M r Scot, to de- 
sire a copy. He said that as several other Persons 
were concern'd with him in that publication, he could 
not give a copy without their consent ; but if they con- 
sented he would send the Governor a copy. Accord- 
ingly next Day he brought six Copies, and said that 
the impression was designd for England. However I 
know several copies have been deliverd out, which 
have been read by great numbers of Persons. No 
man so far as I know, either in public Debate or Pri- 
vate Conversation spoke the words printed in the Pre- 
face in the Roman Character, or any words that could 
bear that sentiment. 

To what highth of insolence some of the Profession 
of the Law have arrived, will appear from the Printed 
Preface to the Chief Justices Speech in Council on 
giving his Reasons for refusing an Appeal. I believe 
your Lordships will think it Criminal to threaten, or 
to render Odious to the People any Judge on Matters 
which are then Depending before him for Judgement. 
I have countenanced, as it was my Duty to do, the 
Appeal ; and I have in my arguments in open Court 
declared it to be my opinion that the King intended by 
his Instruction to bring up the whole proceeding & the 
Merits of the Causes from the Courts below — and that 
I thought it a measure highly necessary for the safety 
of the Rights of the Crown, & Liberty & Properties 
of the Subject, and entirely consistent with the con- 
stitution of the Colonies. After this public Declara- 
tion the Sentiments of the Preface will by the readers 
in this Place, be thought applicable to me : the last 
Line of the Preface is obliterated in all the copies I 
received from M r Scot. 

M r Banyar clerk of the Council assures me that he 
gave no copies of any part of the Proceedings before 
the Gov r & Council, to any Person except to Chief 
Justice Horsmanden — that at his desire he made out 



THE C0LDEN PAPERS. 423 

three Copies for him, two of them he attested, and that 
some days afterwards John Morin Scot's clerk, desired 
him from M r Scot to attest that other third copy, de- 
livered to the Chief Justice which he did, that when it 
came to him the Paper was much sullied, and he now 
believes it to . have been made use of by the Printer 
while he sat his Press. This Copy could not have been 
procured without the Chief Justices consent, and from 
many circumstances I am fully persuaded that the 
whole transaction is at least with his approbation. 

On the whole of Chief Justice Horsmanden's Con- 
duct in this affair it may be thought my Duty to have 
suspended him from the execution of his office and 
from the Council until his Majesty's pleasure shall be 
known ; but in the present temper of the Gentlemen of 
the Council, when I cannot expect to have their con- 
currence, I think it more prudent to refer it absolutely 
to your Lordships judgment. In case of my Death 
M r Horsmanden succeeds to the administration of 
Government. The Packetts go regularly every month, 
so that I think no great prejudice can happen to his 
Majesty's Service by this Delay, tho' I too clearly per- 
ceive in the present situation of affairs, a governor can- 
not perform the Duties of his office, while he is so far 
from haveing the assistance of the Courts of Justice, 
that appeals are made by the Chief Justice to the Peo- 
ple in order to excite Popular dissatisfaction & tumults. 
It is no wonder these People think they can intimidate 
a Governor, while they are so foolish as to think they 
can, by the Assemblies Address to me intimidate the 
Kings Ministers and a British Parliament. I am con- 
fident however that the disinterested People of this 
Province entertain no such Sentiments, and they are 
beyond Comparison the greatest number. 

I have been well apprised of the opposition & resent- 
ment of the whole Profession of the Law on this occa- 
sion ; for if no appeal can be made on the merits of 
any case, and the ultimate determination be confin'd to 
the Courts of this Province, they become uncontroula- 



424 THE COLDEN PAPERS. 

ble ; and their power must be to the last degree dan- 

ferous to the Kings authority, and to the Rights & 
liberties of his Subjects. 
Hitherto I have stood well in the eyes of the People 
in general. The strictest examination into my Conduct, 
while the administration of Government has been in 
my hands will give no uneasiness to rny Mind. While 
I refused formerly to Grant the Judges Commissions 
during good beheaviour in obeydience to his Majesty's 
Instructions, — the Lawyers sat up a Weekly Paper in 
Order to instill the Worst Opinion of me on the Minds 
of the People. They fail'd then in their purpose, and 
I hope they will have no better success now. How- 
ever I think it my Duty, in justice to myself and my 
family to request your Lordships protection in per- 
forming my Duty against such powerful resentment as 
that of the whole Profession of the Law in any Coun- 
try must be. 

Notwithstanding of all the Efforts that can be made, 
I am confident they can have no effect with the People 
of this Province, when we have Judges of integrity & 
ability, free from family or other connections. It 
would add greatly to the freedom of their Judgment 
in popular Oases, especially, to be freed from that 
Dependance which may arise from their support de- 
pending on the annual Pleasure of an Assembly. 
They have likewise given £150 yearly for three years 
past to the Attorney General for extraordinary Ser- 
vices, and made the same payable to him by their 
Treasurer without Warrant. These things must create 
an undue influence on the officers of the Crown. 

In case the public affairs should require the assem- 
bly to meet as the Profession of the Law have great 
influence on the Members, I expect to meet with un- 
easiness from them, and perhaps endeavours may be 
used to disturb the public affairs of Government. 
This I think appears to be intended by some expres- 
sions in the close of the Printed Preface to the Chief 
Justices Speech. I must therefore pray your Lord- 



THE C0LDEN PAPER8. 425 

ships to let me know your Sentiments as soon as can 
be properly done. 

Your Lordships will see the Entries on the Council 
Books relating to this Appeal, in the last pages of the 
Minutes of Council sent to your Lordships office in 
the Box with the Acts of Assembly of which a List is 
put up in the Box. Herewith I inclose a narrative of 
some Proceedings which do not appear on the Minutes 
— An abstract from my Letter to the Secretary of 
State containing chiefly the substance of my argument 
in council upon this occasion — and a Printed Copy of 
Chief Justice Ilorsmandens Harangue. 

Whatever my Sentiments be on any occasion, they 
are all allvvise offerd with entire submission by My 
Lords <fc c 



To The R t Hon blb Earl of Halifax. 

N. Y. Dec r 14 tb 1764. 
My Lord 

Mess" Cornel Sands & Micah Smith Merchants of 
this Place, have desired me to transmit the inclosed 
papers to your Lordship, and to in treat your Lordship* 
to obtain them redress for the injustice done them by 
the French Kings officers at Port S* Pierres in the 
Island of Martinique by seizing & confiscating their 
Sloop Wheel of Fortune and her Cargoe to the value 
of .£2035 : 8 : 9 : Lawf ull monev of New York, and 
by detaining the Master & Mariners of the said Sloop 
in Goal for a considerable time. I make no doubt this 
matter will have its due weight with your Lordship. 



426 THE GOLDEN PAPERS. 



To Major General The Hon blb Robert Monckton. 

New York, Dec r 14. 1764. 
Sir, 

I have the honour of two Letters from you, one by 
M r O'Brien, and the last of the 6 th of September by 
M r McDonald. You may be assured that every recom- 
mendation from you has the greatest Weight with me 
as it gives me an opportunity of shewing the Respect 
I have to your Commands. 

I suppose M r Watts has informd you that I have 
►aid to him the sum of JE1602 : 12. 1. one half of the 
ialary & Perquisites which I have received since you 
went from hence, besides a bond which he took from 
the Trustees of the Scotch Pattent for your half of 
the fees of that Pattent. 

While the administration was formerly in my hands, 
I had the good Fortune to free you from a trouble- 
some Dispute relating to the commissions of the Judges. 
Another as of great importance has at this time arisen 
relating to appeals to the King in his Privy Council. 
It will greatly tend to your future ease in your ad- 
ministration to have this determined before your re- 
turn. 

If you please to inform me at what time you chuse 
to return, & give me the honour of your commands, 
in anything which may serve for your Conveniency in 
the House or Garden 1 shall with great pleasure take 
care to have it done. It may be of use to me in my 

frivate affairs to know the time you design to return — 
am with great Respect Sir, 



THE COLDEN PAPERS. 427 



To The R t Hon " Earl of Halifax. 

N. Y. 13 th Dec r 1764. 
My Lord 

In my letter of the 7 th of last Month, I informd the 
Lords Commissioners for Trade & Plantations of a 
Dispute which had arisen in this Province relating to 
his Majesty's 32 nd Instruction to his Governor of this 
Province, whereby the Governor or Commander in 
chief is directed in all civil cases, on application being 
made to him for that purpose, to permit & allow ap- 
peals from any of the Courts of Common Law unto 
the Gov r & Council, <fec. The Gov r is directed for that 
purpose to issue a Writ in the manner which has 
been usually accustomd Returnable before the Gov r & 
Council — with an appeal from the Gov r & Council to 
the King in his Privy Council, in case either Party 
think themselves agreived. 

As this Dispute since that time has become very in- 
teresting & in my opinion greatly affects his Majesty's 
Prerogative & Rights in this Province as well as the 
property of his subjects, & may likewise affect the 
Dependance of the Colonies on the Crown of Great 
Britain, I think it my duty to transmit to your Lord- 
ship without delay the reasons of my conduct on this 
affair together with an authentic Copy of the Proceed- 
ings in Council to this time on this matter, & to give 
your Lordship a more circumstantial account of it than 
appears on the Minutes of Council I transmit this to 
your Lordship rather than to the Board of Trade be- 
cause appeals are made immediately to the King in his 
Privy Council, & I had by the former Packett inform'd 
the Board of Trade and Plantations as far as I then 
could. I have another reason for informing your 
Lordship of the steps hitherto taken in this matter. 
I am told some persons are making interest with some 
members of Parliament in this dispute with the 
Crown ; and that Chief Justice Horsmandens speech 



428 THE C0LDEN PAPERS. 

in giving his Reasons for not allowing an appeal, is 
printed in this Place, with an inflammatory Preface, 
<fc distributed privately while the matter is still de-t 
pending before the Gov' & Council, which may make 
it necessary that your Lordship be speedily & truly 
informed. 

I am no Lawyer & therefore I can only state the 
Dispute ' before the Council relating to his Majesty's 
32 ml Instruction in the Light in which I understand it. 
It is this: Whether it be intended that the whole 
Merits of the Case should appear before the Governor 
and Council, & afterwards before the King in his 
Privy Council or only the Errors in the Proceedings. 
In the first case a Writ of appeal issues, in the other 
a Writ of Error. 

I could not doubt that an appeal by which the whole 
Merits might appear was intended. For, according to 
the methods of Proceeding in the Common Law 
Courts, nothing in most cases appears on the Record 
as the foundation of the judgement, but the Verdict 
of the Jury. No part of the Evidence on which that 
Verdict is given does appear. The Judgement there- 
fore cannot be reversed in the common method of 
Error, tho' the Verdict on which it is founded be ever 
so iniquitous, because no Error can appear on the 
record; and I believe every Man who has been con- 
versant in the common Law Courts of this Province 
will allow that many iniquitous Verdicts have been 

fiven in it. On the other hand suppose some special 
leadings or Exceptions be taken <fc afterwards on the 
Evidence a just & true Verdict be given, the Judg- 
ment on this Verdict may be set aside in Error. In 
both Cases where the Verdict is bad & no Error in 
the proceeding, & where the Verdict is good, but 
some slip or mistake has happened in the Proceedings, 
new suits beneficial to the Lawyers are encouraged, 
while both parties are willing & have money to con- 
tend, but where one Party is Poor & the other Rich 
they oppress the Poor & suppress Justice. 



THE COLDEN PAPER8. 429 

It cannot enter into my Thoughts that the King in- 
tended by his 32 nd Instruction to enquire only into the 
chicanery of the Lawyers, without haveing it in his 
Power to judge of the Merits of the Causes in all 
Cases. 

From the violent Efforts made at this time by the 
whole body of the Profession of the Law, their view 
appears to me to be to make the common Law Courts, 
in effect, the ultimate Resort of Justice in this Province 
which without doubt must give them an enormous & 
dangerous influence in it. 

In a new Country like this where the People are 
almost universally Ignorant, a few people & they gener- 
ally in the profession of the Law have a liberal Educa- 
tion, & where the most considerable families who en- 
joy the principal offices of trust are strongly connected 
by mutual relation or similar Interest, it is possible, & 
from the proceedings at this time it is become probable 
that the Bench & the Bar may combine to bring all 
causes to a general verdict where the Kings Preroga- 
tive or his Rights are affected. In such case the Pre- 
rogative & Rights of the Crown must depend on the 
integrity & knowledge of the Jury, for according to the 
Doctrine which now prevails there can be no appeal 
from the Verdict of a Jury. It is said indeed that the 
Judges may give a new Trial, where the Verdict ap- 
pears to be contrary to Evidence. But this Remedy 
depends upon the Will of the Judge, for in case he re- 
fuse no Error in his refusing can be assigned where the 
Evidence on which the Verdict is given cannot appear. 

It is not easy to believe what liberties are sometimes 
allowed the Attorneys to perplex the Witnesses on one 
side <fe afterwards to perplex the Jury. To remedy 
this in all the Governments to the Eastward of this, I 
am inf orm'd that the Evidence is taken down in writing 
in open Court when either of the Parties request it, is 
delivered to the Jury & made part of the Record. In 
this manner the Jury can with more certainty deliber- 
ate on the Evidence, than when they trust to their 



430 THE GOLDEN PAPERS. 

memory after a long perplex'd hearing of 1 2 Lours and 
either Party have a right to appeal to a superior Court, 
on the whole Merits without depending on the Will of 
the Judges to give a new Trial. If a like method were 
established all over the Colonies it would in my opin- 
ion tend greatly to the security of Property in general 
of his Majesty's just & necessaiy Prerogative <fc of the 
Dependance of the Colonies on their Mother country. 

The arguments against Appeals are all taken from 
what the King cannot do by his Prerogative in Eng- 
land, & conclude that the King can do nothing in the 
Colonies which he cannot in England. If this were 
true it must be subversive of every Government in the 
Colonies, where all of them depend on the Kings char- 
ter or on his commission to his Governor, are all differ- 
ent in their forms of Proceedings in their Legislature 
& in administring of Justice from what is established 
in England & different from each other. The Supreme 
Court of New York has all the powers in the first in- 
stance of the Kings Bench, Common Pleas & Exche- 
quer. It may be well doubted whether the King could 
establish such a Court in England, & yet the whole 
Justice in Common Law in this Province depends on 
this Court wjiich [has J no other authority besides the 
Prerogative of the Crown to establish such Courts in 
the Colonies as the King shall think necessary for the 
administration of Justice; as certainly by his Preroga- 
tive he may since the Executive Power is in the Crown ; 
and in this sense the King is said to be the Fountain 
of Justice, The Courts of Justice in the Colonies can- 
not be the object of the ancient or common Law of 
England, because they did not then exist, & the Pre- 
rogative cannot be limited in these new countries by 
usage & Custom. It is certain in fact that Justice is 
obtain'd in the several Colonies according to the Com- 
mon Law of England, in Courts whose modes of Pro- 
ceeding & Executive Powers are very different, and 
different from any Court of common Law in England ; 
& therefore I am humbly of opinion that the King may 



THE C0LDEN PAPERS. 431 

give such Executive Powers to the Courts of Justice in 
the Colonies as he shall think most conducive for ob- 
taining of Justice, & that this may be done without 
the least prejudice to the Common Law — An error runs 
thro' all the arguments against appeals, in not distin- 
guishing between the Law <fc the manner of Executing 
the Law. 

, 1 make no doubt of your Lordships excusing me in 
writing my own Sentiments on a matter which I think 
of so great cojisequence : I shall therefore take the 
liberty to make some remarks on the Harangue which 
Chief Justice Horsmanden made in giving his Reasons 
for not obeying the Writ of Appeal. In answer to his 
Argument from the words of the Instruction, by which 
the Governor is directed to issue a Writ in ilie manner 
which has been usually accustomed, I am of opinion 
that the meaning must be in the manner which has 
been usually accustom'd in cases of appeal, not in the 
manner which has been usually accustom'd in this place ; 
for the accustom'd manner in this sense may be erro- 
neous, and on the first appeal as it is said this is, there 
could be no accustom'd manner in this place. Nor 
could there be an accustomed manner on the first Writ 
of Error, for the time when a Writ of Error was first 
brought in this Place can be assign'd. 

The next argument of Chief Justice Horsmanden is 
from the enormous Expence which must be occasioned 
by Appeals in case they be allowed. I readily allow 
that the expence of Law suits in this Province are 
enormous, & tend to the suppression of Justice where 
one Party is Poor and the other Rich. The Bills of 
Cost Taxed by the Judges have been by great numbers 
complain'd of as a grievance which could not have 
happen'd without their concurrence. In an Ejectment 
where there were no Special Pleadings or Exceptions 
of any kind, Chief Justice Horsmanden not long since 
taxed the Costs on one side at £314, some shillings & 
Pence, and in many instances the Costs have equall'd 
the value in Question. When M r Prat was appointed 



432 THE C0LDEN PAPEBS. 

Chief Justice of this Province he was surprised at the 
general Complaint made to him of the excessive Ex- 
pence in obtaining Justice, the like not to be found in 
any one of the Colonies on the Continent. He said 
that in 20 years in which he had Practised in the 
Massachusetts Bay, he did not remember of any Bill 
of Cost which exceeded ,£20, New York Currency, tho' 
in their Courts the Evidence when either Party re- 
quired it was taken in writing. Had he lived he would 
have remedied this great Grievance but since his Death 
it remains without Redress. He had no family or 
other private connection in this Province — tho' many 
prejudices were at first infused into the Peoples Minds 
against him as a stranger, yet his Death was after- 
wards generally thought a public loss. 

As to the objection which M r Horsmanden makes of 
the necessity of Interrogatories, cross Interrogatories, 
Examinations <fc Cross Examinations <fcc for which no 
officers are appointed, it is easily removed by the evi- 
dence being put in writing in the Court below from 
whence the appeal is made, or if Witnesses are to be 
examined before the Council, it may be done viva voce 
in Court, & put in Writing by the Clerk of the Coun- 
cil, who is a standing officer. Or if any other officer 
be wanted, the Governor has sufficient authority to 
appoint such. 

Chief Justice Horsmanden insists that in case of 
allowing appeals on the Merits the Council woiild 
be obliged to sit every Day to determine them. This 
was certainly designed to amuse the Ignorant — the 
Supreme Court of this Province sits not quite six weeks 
in the whole year ; suppose an Appeal were made in 
every Cause (an absurd supposition) as the cause is 
brought to issue before it can come before the Gove r . 
& Council, it cannot take up so much time before them 
as it did in the Supreme Court. 

His objections relating to the Introduction of Per- 
jury are likewise removed, by takeing the Evidence in 
Writing in the Court below — and this objection is as 



THE COLDEN PAPERS. 433 

strong against a new Tryal ; the only remedy which 
he allows against an iniquitous Verdict, and against 
the new tryals on Ejectments in this Province which 
frequently happen. 

As to the form of the Writ, I had no part in it, but 
that of putting the seal to it. The Gentlemen of the 
Law when I have objected to the absurdity of some 
Writs told me they had a right to have them sealed — 
they took them at their ow r n peril, but that I could not 
without injustice refuse the seal. On these occasions 
I have often thought that Lawyers have introduced 
Mysteries & absurdities into the Law forms, that Man- 
kind in general, who are not Lawyers may not in such 
cases have the use of their own reason in judgeing of 
them. I neither could nor did advise as to the form of 
the Writs. Whatever error there may be in them, the 
Party who took them out has this excuse to make that 
no Lawyer in this Place would advise him in forming 
the Writ, 

It is become necessary for me to observe to your 
Lordship that the Chief Justice in his speech has 
strongly insinuated that the proceedings in bringing 
this appeal are highly Criminal <fe to confirm this in- 
sinuation John Morin Scot, an Attorney, has com- 
menced a suit against the Deputy Secretary who is 
clerk of the Supreme Court for not sealing the execu- 
tion in this case after he had been served "with the 
Writ to stay Proceedings. The same person in open 
court before the Council addressing himself to me 
said, it is highly Criminal for any Person to issue a 
Writ in any case where he has not Jurisdiction. He 
owns himself to be the Author of the inflammatory Pre- 
face to the Printed Copy of M r Horsmanden's speech 
which is given out to many persons, & read by numbers 
in this Place : A Copy of which I think is proper to 
send your Lordship — the last line of the Preface is 
struck out in all the Copies which I received from him. 
These things make the stronger impression as they had 
found means before that time to make me understand 
28 



434 TIIE COLDEN PAPERS. 

that my administration may be very short, that I must 
remain in the Province, that I had a numerous family 
in it, and that I and they must expect to feel the 
resentment (<fe perhaps the malice) of a powerful 
Body of Men, 

I have not one single Person of knowledge in the 
Law to assist me. I may have erred in Judgement, 
but I am persuaded it will appear that I have acted on 
Principles of Equity & Justice, and with a Sense of 
my Duty as Trustee for the King in this Province, in 
preserving to the utmost of my Power the Kings 
Prerogative <fe just Authority, and likewise in securing 
the Property of his Subjects in this Province, by all 
the Legal means which the Crown has Established — 
With these Sentiments I rest secure in the Kings Pro- 
tection at all times against any Malice or Resentment, 
how great soever. 

Notwithstanding of the present opposition to Ap- 
peals, I am fully persuaded that with Judges of Integ- 
rity & ability, free from all family or interested con- 
nections, <fc the officers of the Crown doing their duty 
appeals will be submitted to, <fo the People become 
pleased with them. But it may be requisite that any 
ambiguity in the Instruction be removed — directions 
for the method of Proceedings be given, and that it be 
extended particularly to all cases in which the Title or 
Rights to Lands are in Question, or the Prerogative 
or Rights of the Crown are affected. If the aid of 
Parliament be thought necessary, it appeal's a matter 
of such importance as to require it. 

Allow me my Lord to observe in the last place that a 
delay in determining this matter, will in this Place, be 
interpreted as a tacit withdrawing of the Instruction. 

Yesterday the Council met at which time the Judges 
William Smith <fe Robert Livingston gave their rea- 
sons why they refused to admit an appeal — the other 
Judge David Jones by his Letter to me answer' d that 
he was not in Court at that time & had no part in the 
refusing or admitting. 



THE COLDEN PAPERS. 435 

The Council directed an Order to him to give his 




the best of my ability, <fc it is done with the utmost 
submission by, My Lord. 

With this Letter were inclosed — 

Minutes of Council on the Appeal, including M r . 
Horsmanden's Reasons, <fo the Lawyers & Attorney (ien- 
erals Opinions. 

Printed copy of the same, entitled Report of the 
Case between Thomas Forsey <fc Waddel Cunningham. 

A Narrative of such of the Proceedings before the 
Governor tfc Council as do not appear on the Minutes. 

N. B. An Abstract of this Letter to Lord Halifax 
beginning with these words (I am no Lawyer) page 428 
and ending (no Lawyer in this Place would advise him 
in forming the Writ ) page 433 — was sent to the Board 
of Trade with the Letter to them dated 13 th Dec 1 * 
1704. It was endorsed — Extract from Gov r . Colden's 
Letter to the Earl of Halifax, containing the Substance 
of his Arguments in Council upon the Expediency of 
Appeals. 

Likewise the Narrative <fc the Printed Report of the 
Case, <fcc. 

The Minutes of Council went in the Box from the 
Secretary's office to the Board of Trade by the same 
Packet. 



436 THE COLDEN PAPERS. 



A Narrative, Etc. 

A Narrative of such of the Proceeding* in an Appeal 
brought by M r Cunningham from tike Supreme 
Court to the Gov r Council as do not appear on the 
Minutes of Council, sent to Lord Halifax and tfie 
Board of Trade, 13 rA Decern* 17G4. 

I have been inform'd & I believe truely that M r 
Cunningham's Attorneys at Law in their consultation 
for his defence, had agreed to appeal in case of exces- 
sive Damages <fc had set it down as part of the Brief for 
the use of their Council, and accordingly a Person was 
appointed & did take down the Evidence of the Wit- 
nesses in Writing. But that W m . Smith, J r . one of his 
Council near the end of the Term in which this Cause 
was heard, informed the others of the Consequences lie 
apprehended from allowing of appeals to the King in 
his Privy Council, on which the whole Profession of 
the Law agreed to oppose any api>eal from the Com- 
mon Law Courts. 

The Term ended on Saturday. Next Tuesday Morn- 
ing M r Waddell, M r Cunningham's Partner in Trade & 
his Attorney presented to me the Petition which I com- 
municated to the Council & is in the Minutes. On 
which I told him I would immediately advise with M r 
Kemp, Attorney General, and de>ir\l him to return at 
Twelve, which he accordingly doinu: found me in con- 
ference with the Attorney General, to whom I had 
communicated his Majesty's 32 M<1 Instruction, a copy of 
which he owned he had in his own office. In M r Wad- 
delFs presence I desired him to inform me what is 
pro] xt for me to do in this Case, & that he would form 
a proper Writ to bring the Cause by appeal before the 
Governor & Council : He answered he knew of no 
Writ of ap[>eal from Common Law Courts and could 
form no other than a Writ of Error, to which M r 
Waddell objecting that such would not answer hisi 



THE COLDEN PAPERS. 437 

V 

purpose in bringing the merits of the cause before the 
Governor and Council : I told them that I would call 
a Councill next Day, after which I should come to a 
Resolution. 

Next day I communicated M r . Waddells Petition to 
the Council, and his Majesty's 32 nd Instruction relating 
to Appeals. Perceiving that the Council inclined to 
have me refuse to issue any Writ of Appeal, I pointed 
out to them that the Order for issuing the Writ is 
Personally to the Governor or Commander in Chief, 
& told them that I would not take upon myself to 
conclude the matter by my own Act. If they when 
the Writ came properly before them as a Court, 
thought such a Writ did not lye, it would be in their 
power to quash it. And at their desire I order'd the 
clerk of the Council to make out a copy of the In- 
struction for each of them. 

Soon after the Council had rose, M r . Waddell again 
applied to me for a proper Writ, & urged its being 
done without delay because otherwise the Execution 
would issue, and as M r Forsey had no residence in this 
Place, & was going or already gone out of the Prov- 
' ince, M r Cunningham would lose the benefit of any 
remedy he might obtain by his appeal. I had the 
more regard to this because a few days before applica- 
tion had been made to me for my Letter to the Gov', 
of St. Domingo in favour of M r Forsey who design'd 
to £o thither to recover a Vessell carried into that Port 
by Pirates. 

I told him to get a proper Writ drawn <fc I would 
seal it. Next Day in the afternoon I sealed a Writ to 
stay Proceedings in the Supreme Court, and the Day 
following a Writ to bring up the Proceedings before 
the Governor <fc Council returnable in 14 Da vs. It is 
to be observed that no Lawyer in this Place would as- 
sist in forming either of these Writs, & therefore they 
may be liable to just exceptions. 

On the return Day, Nov. 14 th , Chief Justice Hors- 
inanden inform'd the Council that he had brought two 



438 THE COLDEN PAPERS. 

pieces of Parchment called Writs, then he read part of 
the Oath which he had taken not to delay Justice by 
any Letter from the King that Writs are Letters & 
that it is better to obey God than Man. This is the 
purport of all he said at that time, but added he had 
not time (14 Days) to transcribe his Reasons fair, & 
desired till next Friday to do it. — From Friday he de- 
sired farther time to the Monday, at which time he de- 
livered his Reasons as in the Minutes. From the 
Wednesday to the Monday he was observed to be in 
frequent consultation with some of the principal 
Lawyers in this Place. 

After the Chief Justice had done, <fc I had delivered 
my Sentiments on the subject, in substance as I write 
at this time to the Earl ox Halifax, it was proposed to 
take the Opinion of the Lawyers then attending : On 
which I proposed the following Question : 

"Whether the King by his 32 nd Instruction had given 
an Appeal to bis Subjects in this Province from the 
Common Law Courts in all civil causes, & had consti- 
tuted the Governor & Council a Court of hearing & 
determining such appeals ; and directed the Clerk to 
take the question down in Writing which he did to that 
purpose tho' not in the words I spoke. After have- 
ing read the Question twice, it was laid on the table, 
& perused severally by the Gentlemen of the Council. 

M r Smith, J r one of the Lawyers attending, haveing 
declared his unwillingness to give any Opinion on that 
Question, and M r Scott another Lawyer haveing de- 
clared that he was willing to give an Answer to a 
Question that he thought proper, but that he would 
not give any opinion if he was Order'd to do it ; and 
some of the Lawyers at the same time whispering to 
some of the Gentlemen at the Board : Some unguarded 
Expressions fell from Some of them, which I do not 
think necessary to repeat. 

The Gentlemen of the Council haveing refused to 
put the Question, I moved that the Question might be 
entered on the Minutes, and an Entry made that it was 



THE COLDEST PAPERS. 439 

refused to be ptit, On which M r Scott laying his hand 
on M r De Lancey's shoulder they went aside together, 
On M r De Lanecv's returning to his chair, I said to him 
that it is highly improper for the Members of the Court 
to have Private Conversation with any Person not a 
member while any Matter was in Debate. M r Scott 
of himself answered that he told M r De Lancey It is a 
rule in every Court not to suffer any Question to be 
Entered on the Minutes which the Court had not al- 
lowed to be put. The Gentlemen of the Council agree- 
ing with this Opinion, I took the Written Question 
from the Table cfe put it in my Pocket, saying, Then I 
know what is proper for me to do. 

After this M r Smith Jun r said that if the Court would 
allow him to state a Question, he would answer it, which 
being allowed he sat down at the Table and Wrote a 
Question, which being corrected by M r Scott it was 
entered on the Minutes with their immediate Answer, 
& of the other Lawyers attending as in the Minutes. 

I insisting that the Attorney General who was then 
present should likewise give his Opinion, but he declin- 
ing to give his Opinion on the Question, as stated by 
the other Lawyers, he was allowed to state a Question 
for himself which he auswer'd as in the Minutes — It 
was not in my power at this time to preserve the Deco- 
rum of the Court. 

I think it needless for me to make any other remark 
on those proceedings, than that from them the necessi- 
ty appears of an Appeal to his Majesty in his Privy 
Council, that Justice be impartially administered to his 
Subjects in the Colonies. This must more evidently 
appear to any judicious indifferent Person who heard 
and saw r every thing which passed. Besides the Gentle- 
men of the Law who were present several Officers of the 
Army <fe Gentlemen of the Town were in Court on the 
Monday when these last things mentioned were trans- 
acted. 

December 6 th 17<>4. 



440 THE COLDEN PAPERS. 



Memorandum. 

At a Council yesterday M r Justice Smith <fe M r 
Justice Livingston gave their reasons for not allow- 
ing an Appeal and desired time to correct <fc reduce 
them to Writing that they might be entered on the 
Minutes. M r Justice Jones who lives in the Coun- 
try by his Letter informs me that he can give no 
reasons for what he had no part in — The Council 
Resolved <fc desire his Opinion on the subject, and 
defer'd a farther Consideration for 14 Days to receive 
his Answer. 

Dec r 13 th 1764. 

Cadwallader Colden . 



To Sir Jeff. Amherst. 

New York, Dec r 13 th 1764. 
Sir, 

I have the honour of your exceeding kind Letter of 
the 3 rd July by Major Skene. It shall be my constant 
endeavour to preserve your esteem. 

I can now r with great pleasure inform you, that your 
Plan for reducing the Indians to submission has suc- 
ceeded. General Gage tells me that Col. Bouquet has 
accomplished everything he had in charge with great 
prudence & without Bloodshed. The accounts I have 
lieard of the Part which Col. Bradstreet had to act are 
so various that I can form no Idea of his Expedition. 
But General Gage & Sir William Johnson are dis- 
pleased with him. 

To be employed in any manner wherein I can be of 
use to you will give me the greatest pleasure. It may 
be convenient for me to know at what time I may 
expect to be succeeded, and I beg you'll take the 



THE COLDEN PAPERS. 441 

trouble to inform me as soon as you know it & con- 
veniently can. I am with the highest Esteem & Re- 
spect. 



To The R t Hon™ Louds Commissioners for Trade 

& Plantations. 

New York, Dec r 12 th 1764. 
My Lords 

General Gage having informed me by his Letter of 
the 7th of this month of the happy conclusion of all 
hostilities with the Indian Nations, who had appeared 
in arms against his Majesty, with notice that the Trade 
may now be carried on with the several Nations, I have 
by the advice of his Majesty's Council issued a Procla- 
mation, of which the enclosed is a Printed Copy. None 
have applied to me as yet for my Licence, and I believe 
not much Trade can be carried on before next Spring, 
but the opening of the Trade will be of use to quiet 
the Minds of the Indians. 

Nothing in my Opinion can be of more use to pre- 
serve Peace with the Indians than a strict pursuance 
of the Plan for regulating Trade with the Indians. 



To the Gentlemen of the Council. 

January 3 rd 1765. 
Gentlemen, 

The Paper I read yesterday was formed merely for 
the assistance of my own Memory without that care 
that I should have thought necessary had it been de- 
signed to have publicly appear'd in Writing. My de- 
sign was to inform you of my present sentiments of the 
matters in debate that you might make use of them for 
your own information as you please, <fe that you may 
have an opportunity of informing me in every point 



442 THE COLDEN PAPERS. 

where you think I mistake, that at last all of us may- 
unite in forming a right Judgment of a matter of so 
great consequence as now is before us. 

I was unwilling to give a copy of a Paper not suffi- 
ciently digested but now at your desire I send it, in 
confidence however that you do not suffer any Copy to 
be taken of it, or extract from it but that it be kept 
entirely for your own private use. 

In that Paper I somehow omitted a remarkable In- 
stance. Writ of Error does not lve in London. In 
the Mayor it Sheriffs Court commonly call'd the Hust- 
ings, where all the Property of the Citizen is deter- 
miii'd, a Writ of Error does not lye, but an appeal. 
When the King appoints Commissioners who are to do 
full & speedy Justice, they do not only reverse or af- 
firm the Judgment of the Hustings, but they give such 
Judgment as the Hustings ought to have given. The 
Jurisdiction of the Hustings is by common law <fc Writs 
of Error do not lye in any Court whose Jurisdiction is 
by common Law, but an appeal does. 

I do not conceive the reason why the Instruction was 
read restraining the Gov r from erecting any new Court, 
or dissolving any already erected. When the King 
restrains a Gov r certainly he does not design to restrain 
or divest himself of his own authority. If the King 
has not erected a Court of Appeals, I shall never at- 
tempt it, nor attempt to dissolve a Court of Errors if 
the King has erected one in this Province. I am with 
great regard Gentlemen 



To Sir William Johnson, Bart. 

Fort George, N. Y. Jan y 6 th 1705. 
Dear Sir, 

I have your very kind favour of the 18 th of last 
Month. It gives me great pleasure that the Indian 
affairs are at last brought to such a situation that you 



THE COLDEN PAPERS. 443 

can exert your influence to the best advantage & secur- 
ing Peace for the future. 

The bad influence which the French from the Illinois 
have had on our Indians, cannot continue. Our Minis- 
try must put a stop to it, if it be not done already, as 
I believe it is, for it is now generally thought that 
by this time the Spanyards are in possession of New 
Orleans. All our accounts from thence confirm this 
Opinion. 

I long to hear that the two Mohawks who are going 
to Europe witli young Clock are return'd to you, I sent 
them back with my Pass <fc a Letter to you with some 
Money to bear their Expences on the Road. 

You will see in the Proclamation which I issued that 
Licences are to be granted in the manner you propose. 
I shall be as careful on this head as possible, ior I am 
fully convinced that the continuance of Peace will 
depend much on a proper regulation of the Trade. In 
my last Letter to the Board of Trade, I made parti- 
cular mention of this as of the greatest Consequence. 

I meet with the greatest opposition in the affair of 
appeals, but as I am convinced that the People of this 
Province have no other security in their Property against 
the dangerous power of the Profession of the Law, 
nothing shall deter me from using my best endeavours 
to effect it ; <fc tho' I stand alone, I am very confident I 
shall succeed. In time the People will become sensible 
of the great advantages they thereby will obtain. The 
Lawyers (some of them) purchase in every disputed 
Title, by this cfc the expence of Lawsuits they will worm 
People out of all their Property. For this reason I lay 
my account with encountring all their Malice, <fc the 
malice of some other avaricious families. But all this 
shall not deter me: as soon I shall have accomplish'd 
this, I shall with pleasure retire from public business, 
as I am come to the time of life when retirement is to 
be desired above all things — You are in the prime of 
Life — may you long continue to be usefull to your 
Couutry. 



444 THE COLDEN PAPERS. 

There is one thing I had almost forgot, Major Skeene 
who is lately return'd, said the Board of Trade think it 
improper for you to take any Land by Gift from the 
Indians. Some who have obtain'd the Kings Grants, 
in this Province have had their Eyes turn d" on your 
Purchase, by some of your back friends. I am very 
affectionately Yours. 



To The Hon ble Sir W m Johnson, B t 

Fort George, Jany 12 th 1703. 
Dear Sir, 

Yesterday Morning M r Hansen, who is to carry this 
to you, inform'd me of the Death of Mr. Marsh, and at 
the same time made application to me for my Commis- 
sion of Clerk of the City & County of Albany. I told 
him that I would appoint none before I had your 
Opinion of the fitness of the Person tfe how far you 
may think it proper to separate the clerk's office from 
the office of Secretary for Indian affairs. On which he 
has undertaken to carry this Letter to you <fc to bring 
an answer by Friday next. 

He has made such offers to my son as have given me 
a Jealousy of him. He press' d me earnestly to give him 
a Promise in case you agreed to his haveing that Com- 
mission, but I absolutely refused to make a promise of 
anv kind. 

As the appointment at this time may be of more con- 
sequence to you than to any other Person, & from the 
friendship which subsists between us, my present reso- 
lution is to appoint no Person or Persons for these two 
offices either jointly or separately till I shall know your 
Opinion cfc I beg you will give it me freely. 

The Gov r has power to fill up all vacant offices tho' 
immediately appointed by the King till the King's 
pleasure shall be known. 

Yesterday the Council, in direct contradiction to the 
Words of the Kings Instruction, unanimously resolved 



THE COLDEN PAPERS. 445 

that no appeals can be made to the King from this 
Province. This in my opinion is highly derogatory to 
the Prerogative of the Crown, <fe is of the greatest con- 
sequence to every Man who has Property in this Pro- 
vince, <fe- may he subject to the malice or avarice of a 
Powerfull faction. I am with the greatest esteem <fe 
affection Sir 



To het Hon ble Sir \V m Johnson, Bart. 

Jan y 12 th P.M. 1764. 
Dear Sir, 

Since M r Hansen went from hence with my Letter, 
my grandson Stephen De Lancey has applied to me 
for the office of the Clerk of the City <fe County of 
Albany. I am sorry that I did not know his inclina- 
tion before I wrote that Letter only to prevent Han- 
sen's going on that Errand, for vou cannot imagine 
that I can prefer any Person to my own Grand child. 
There will however be an advantage in Stephen's wait- 
ing on you on this Occasion, that he <fc you can concert 
matters as to the distinct commission of Clerk from 
that of Secretary of Indian Affairs, so as you <fe I may 
unite in writing Home on this Head cfe I flatter myself 
that when we jointly recommend it will not meet with 
opposition. Matters of this kind admit of no delay 
least previous application be made & for that reason it 
may be proper for us to write by the Packett, which is 
every day expected. If you please to let me know the 
purport of your Letter I shall endeavour to conform 
to it. I am very affectionately 



44G THE COLDEN PAPERS. 



To Andrew Elliott, Esq, Collector of his Majesty's 
Customs at the Port of New York. 

Fort George, Dec r 24 th 17G4. 
Sir, 

M r Peter R. Livingston, as I am informed discovered 
great unwillingness lately to pursue the method of 
clearing Vessells which has been invariably practiced 
at the Custom House here, for a longer time than I 
believe any Man now living can remember. I am en- 
joined by the Kings Instructions to see that the Laws 
of Trade are duly Executed it obeyed for which pur- 
pose it is necessary that I have it in my power to be 
infornfd of every Vessel that Enters & clears at this 
Port. It is therefore requisite that you continue the 
usual method of not Delivering the Papers from the 
Custom House for any vessel till they have obtain'd 
my Let Pass. I am, «fc c . 



To The R t Hon blb Lords Commissioners for Trade 

<fc Plantations. 

New York, 22 d Jany 1765. 
My Lords, 

I wrote so largely in my preceding Letters on the 
subject of his Majesty's 32 nd Instruction for allowing of 
appeals from the Courts of Common Law to the Gov' 
&> Council <fe from thence to the King in his Privy 
Council, that I have just reason to be aifraid of being 
thought troublesome. But as it is agreed on all hands 
that never a Question of greater importance w r as agi- 
tated in this Province : I flatter myself your Lord- 
ship's will be pleased with receiving all the informa- 
tion I can give you relating to this matter. After 
premiseing that I am every Day more & more con- 
vinced that the opposition to appeals arises solely from 



THE COLDEN PAPERS. 447 

the Proprietors of the great Pattents in this Province, 
united with the Lawyers cfe by their deluding the 
People with false & imaginary Jealousies. 

Herewith are inclosed the Minutes of Council pos- 
terior to those I sent by the last Packett, and in them 
every thing is enter'd which has been urged against 
allowing of appeals. 

On the 1 1 th of this Month the Council came to the 
following Resolution as EnterVl on the Minutes, viz : — 

" His Honour the Lt Governour required the Opinion 
of the Council on the following Question : — 

" Whether by the 32 n<l Instruction the King has di- 
rected his Governor to permit tfe allow Appeals in all 
Civil Causes, from the Courts of Common Law within 
this Province; and whether his Majesty has by the 
same Instruction directed his Governor and Council 
to hear <fc determine such Appeals." 

" Whereupon the Council declared that as the Kings 
Judges and the most able Council in the Law in the 
Province have given their Opinion that no other than 
an appeal on Error can lay by this Instruction, they 
are unanimously of opinion no other appeal than on 
Error is the intention or meaning of the Crown by this 
Instruction, and that they cannot take Cognizance of 
any other appeal. 

" His Honour the L fc Gov r Declard his Dissent to the 
said Opinion and signifyed he would give his Reasons 
to his Majesty's Ministers." Which I am now to do 
by shewing your Lordships why I could not join in 
thinking that the Instruction means only a removal of 
the Proceedings <fo Judgment of the Court, as is done 
by Writ of Error, and not of the whole Merits of the 
Cause cfe Evidence, <fce. 

On the supposition that Appeal means Writ of 
Error, the Subject is by this Instruction restrained in 
all causes where the value is below £300 sterling, from 
that Relief which the subject in England by Law has 
a right to in all causes above 40 Shillings Value, which 
in such case would be unjust & contrary to Law. The 



44:8 THE COLDEN PAPERS. 

Crown therefore could not intend that the Supream 
Court in New York should have a final <fe irreversable 
power to a far greater extent than the Court of King's 
Bench in England. 

If Appeal and Appellant mean the same as Writ of 
Error cfc Plaintiff in Error, the Instruction would not 
provide for security to be given, because on Writ of 
Error it is Provided by Act of Parliament. 

If the Instruction was designed to direct a Writ of 
Error to be issued, Execution would not likewise be 
ordered to be suspended for a Writ of Error does it- 
self suspend Execution. 

In England Judgment on Errors in Proceedings or 
Points of Law ascends from Judges of lower Kank to 
those of higher Reputation. If the Governor cfc Coun- 
cil here are only to Judge upon the Proceedings arid 
Points of Law, the correcting of the Errors of the 
Judges <fe Attorneys, Learned in the Law, must be by 
Men who have little or no knowledge in the Law, & 
less skill in the Practice of Courts. And yet these 
Men may be very proper Judges on the Merits of a 
Cause. 

If the Practice of the Courts at Westminster be 
made the Law in the Colonies, upon what Practice 
there can the Governor & Council be made Judges of 

CI? 

the Errors of the Supreme Court in New York ? Or 
w r hat Writ can issue at New York to Inhibit the Gov r 
<fe Council or to carry the case from thence to the 
Kin^ in Privy Council 'I The Instruction Directs no 
Writ for this Purpose. 

I am clearly of opinion that no Man who Reads 
this Instruction with attention cfc without prejudice 
compares every part of it with the other parts, can 
doubt that an appeal is intended on the merits of the 
Cause & to remove the whole cause <fe Evidence from 
an Inferior to a Superior Judicatory. In any other 
sense the several parts of the Instruction become In- 
consistent. The meaning of the word Appeal is still 
farther put out of doubt by the subsequent 33 d In- 



TIIE COLDEN PAPERS. 449 

struction viz: You are likewise to permit Ajpeals 
unto us in Council in all cases of l^ines imposed far 
Misdemeanors <j ,c . in which case the appeal must ex- 
tend to the whole Merits otherwise no Judgment can 
be made whether the fine be excessive or not. This 
the Gentlemen of the Council are obliged to admit. 
The Words "You are likewise to permit" shews that 
the intention is the same in the preceding Instruc- 
tion. If the words of an Instruction be allowed to be 
wrested & turn'd to serve a purpose, it may be of no 
use to give any. 

When I consider the Reason why in all probability 
this Instruction is given, every doubt is removed. His 
Majesty's Authority <fe the Rights of his Crown are 
secured to him by his Courts of Justice. He does not 
think it safe to place this great Trust in His Courts of 
Justice in the Colonies in the last Resort, <fe there- 
fore has Reserv'd an Appeal to himself in his Privy 
Council. How w;isely this precaution has been taken, 
too evidently appears by the present Opposition, in 
which the Judges act a principal part. They not 
only pervert the meaning of the Instruction, but in 
their public Harangues endeavour to inflame the minds 
of the People by false Sz truely wicked Suggestions, 
in order to render his Majesty's Instructions, & his 
Governor in supporting the Kings Authority & the 
Rights of his Crown, Odious to the People. How 
consistent this is with that great regard they pretend 
to have for their Oaths Your Lordships may judge 
from their Harangues inserted in the Minutes which 
are printed & dispersed among the People here; <fe 
how safely the authority & rights of the Crown may, 
in the last Resort, be trusted with such Men. I say in 
the last Resort, for if no appeal be allowed on the 
Merits, they become Judges in the last Resort. Had 
the Judges been well satisfied of the Justice of their 
own Opinions, they never would have taken the method 
of supporting themselves by inflaming the Minds of 
the Populace; a Method the least justifiable in them. 
29 



450 THE COLDEN PAPERS. 

of any Men, & which can only suit a desperate 
Cause. 

My Lords, The refusing appeals from the Courts of 
Common Law is no less dangerous to the Rights of his 
Majesty's subjects, than to the Rights of the Crown. 
The present state of our Courts of Common Law are 
well described, by the State which Chief Justice Hales 

fives of the County Courts in England, when the 
'roperty of the People in England was determined in 
those Courts, and for that reason I cannot better de- 
scribe the present State of Justice in this Province 
than in his Words in the History of the Common Law 
viz: "All the business of any moment was carried by 
Factions & Parties. For the freeholders being gen- 
erally the Judges, and conversing one among another 
& being as it were the Chief Judges, not only of the 
Fact but of the Law ; every Man that had a suit there, 
sped according as he could make Parties, <fe Men of 
great Power & Interest in the Country did easily over- 
bear others in their own Causes, or in such wherein 
they were interested, either by Relation of Kindred, 
Tenure, Service, Dependance or Application." 

Similar Causes in all ages produce similar Effects : 
& such effects must be expected while Men have the 
means in their Power of gratifying their Avarice or 
ambition. Factions formed by Men of Interest, large 
Estates <fc family connections must be of much more 
force & consequence in any Colony than they could at 
any time have been in the Counties in England. The 
Counties in England had no Legislative power — were 
immediately under the inspection of the Kings Minis- 
ters, and under the Correction of the Superior Courts, 
and of the Parliament. It is true the King appoints 
all the officers of Government, but while they (from 
the Governor down to the meanest officer in the Gov- 
ernment) depend on the Assembly for 'their Daily 
Bread, they must very unwillingly quarrel with such 
powerfull Factions. Indeed when the Judges and the 
Profession of the Law are connected in family & 



TbE COLDEN PAPERS. 451 

similar Interests, with others of great influence <fc 
power in the Government, who unite in opposing a 
Governor, his authority will be despised because he 
wants the necessary means of putting it in execu- 
tion. 

The mischief which Chief Justice Hales Complains 
of in the Execution of Justice in the Counties in Eng- 
land, were easily remedied by application to the Courts 
at Westminster & by the Circuit Courts, for every 
Man who suspected too powerfull an Interest against 
him in the County, removed his Cause into one or 
other of these Courts. Judges are not allowed to go 
into the Counties where they have Estates or family 
connections. But in the Colonies neither the Crown 
nor the subject can have such Security <fe Relief 
against interested Judges and an overbearing Faction. 
Their only Security <fe Relief is by Appeal. 

It is true that the appointing Judges who have no 
family connections must in a great measure remedy 
these Evils, but if the Profession of the Law keep 
united as they are now, the abilities of an upright 
Judge will not be sufficient to restrain the Lawyers, 
without the Security of an Appeal to a Court where 
they can have no undue influence. The Lawyers in- 
fluence every branch of our Government — a Domina- 
tion as destructive of Justice as the Domination of 
Priests was of the Gospel ; both of them founded on 
Delusion — Independent Judges Disinterested & free 
from family connections, with the right of Appealing 
to a Court which cannot be biased by any of our Par- 
ties, will effectually destroy this Domination, and se- 
cure the Rights of the King & his subjects 

Now My Lords I must beg leave to add something 
in excuse for my own Conduct in this affair, for not 
haveing put in Execution the authority with which the 
King has efttrusted me <fe which it may be thought I 
ought on this occasion to have exerted. But what can 
a Man do who has no Hands ? M r Kemp, the Attor- 
ney General absolutely refused to assist me. When 



452 THE GOLDEN PAPERS. 

application was first made to me for allowance of the 
appeal, I sent for him <fe desired him to advise me what 
was proper for me to do in this case. He absolutely 
declined to give me a direct answer, tho' I several 
times repeated the Question and at last put in Writing 
cfe gave it him. What he did afterwards appears on 
the Minutes of the Council. 

The Judges in place of giving the Reasons of their 
Judgment in private cfe simply, as I expected, surprised 
me by haranging to a large audience to make his Ma- 
jesty s Instructions appear illegal cfe arbitrary, cfe to 
render his Governor Odious in the Eyes of the People 
for supporting the true intentions of the Instruction & 
for publicly affirming that it is really calculated for 
the benefit of the subject in this Province. I thought 
first that Chief Justice Horsmanden had gon farther 
than any other of the Judges were willing to follow 
him ; but to what lengths Justice Livingston has gon 
will best appear from his Harangue which he indus- 
triously intruded on the last Day of the Hearing, 
without being desired to speak on this occasion. It 
requires no comment — I only beg your Lordships will 
peruse it. He is heir to one of the greatest Landed 
Estates dispersed in several parts of the Province, 
& involved in Disputes with the poor industrious 
Farmers who have settled and improved the adjoining 
Lands. 

The Gentlemen of greatest influence in the Council 
I knew from the beginning were averse to the allowing 
an appeal, but I did not suspect that they would have 
encouraged the method of clamour to carry their pur- 
poses till it was too late. I could not imagine that his 
Majesty's Council would adopt measures so unbecom- 
ing their character, and which are never taken but by 
a daring faction in opposition to the administration. 
After the Governor cfe Council had taken the form of 
a Court, cfe were surrounded by the Lawyers, every 
Member of the Council thought he had an equal Right 
with the Governor to direct the method of Proceed- 



THE COLDEN PAPERS. 453 

ings. They all united in every step which served to 
promote their purpose. To make the Council unani- 
mously agree with the Judges was a measure pursued 
with the greatest earnestness as the only method to 
preserve the Judges — great numbers they think must 
skreen individuals. 

While the Council kept the matter depending above 
eight weeks in order to give the Judges severally an 
opportunity to harangue the audience, I attempted to 
inform myself by Books since I could have no assist- 
ance from the Attorney General, and communicated to 
the Council some arguments which had weight with 
me, <fc which I w r as in hopes might likewise have 
weight with them. They urged me to give them a 
copy of the Memorandums I had made, which I 
several times declined to do, suspecting it would be 
put into the Lawyers Hands, & such use made of it as 
afterwards was. But at last I consented and sent it to 
them with the Letter a copy of which is enclosed. A 
fortnight afterwards to which time the meeting of the 
Council was delayed at their desire, they surprised me 
with their answer to my Memorandums, as entered on 
the Minutes, and at the end of it gave a final Judg- 
ment. 

I complain'd of the ill use had been made of my 
Confidence tfe of the indecency in making the Governor 
& themselves as it were opposite Parties in the De- 
bate, and of their forming a judgment privately among 
themselves without the knowledge of the Governor & 
publishing it as the Judgment of the Court. They 
were so sensible of their Error in the last Matter as to 
alter the concluding Clause. As it is now to be before 
proper judges I shall forbear to make any farther re- 
marks on this part of the conduct of the Council. 

As to the popular clamour it is really in my humble 
opinion little to be minded. The grand Engine by 
which the Judges & Lawyers endeavour to inflame the 
Minds of the People easily misled by Sounds, is by 
boldly suggesting that our constitution is to be altered 



454 * THE COLDEN PAPERS. 

by the Kings 32 nd Instruction & Trial by Juries taken 
away. This is maintained in every Debate & Publi- 
cation, yet is inconsistent with Truth. No one case 
can be shewn wherein a trial by Jury can be prevented 
in pursuance of this Instruction : nor is it probable 
that there will be an appeal on one cause of a hundred 
that are tryed in the Supreme Court here. It is true 
there seems to be a remedy against an iniquitous Ver- 
dict, & what honest Man would not wish to have such 
a Remedy. If I be rightly infonn'd, as I believe I am, 
iniquitous verdicts have been frequent in this Colony, 
& chiefly owing to the artifice of the Lawyers in some- 
times leading the Witnesses & Jury, & at other times 
by perplexing them without any proper check from 
the Bench. In all Appeals before Men of common 
honesty great regard will be had to the Verdict of 
twelve Men on their Oaths, unless the Verdict appear 
evidently false. 

• I know numbers of gentlemen that are persuaded 
Justice cannot be preserved in the present state of our 
Courts, unless we have disinterested & independent 
Judges, & the subject have a right to appeal. People, 
after the present torrent has subsided, will discover 
that they have no other security in their Property 
against a powerfull interested Faction. Certain it 
is, the Merchants in England & Persons there who 
have property in the Colonies, cannot otherwise be 
secure. 

Whatever may be the foundation of the Judges 
Sentiments, they can never be justified in the method 
they have taken to inforce their own opinions, while 
my Conduct they know may in so short a time be sub- 
jected to the enquiry of his Majesty's Ministers, where 
they may regularly have Relief & I am subject to the 
highest censure. Indeed they have had no way to 
avoid this Reflection but by a still higher offence, by 
suggestions of the arbitrary Dispositions of the Lords 
of the Privy Council without regard to Truth, Justice 
or Decency. 



THE COLDEN PAPERS. 455 

If your Lordships shall think it proper that Chief 
Justice Horsmanden Justice Livingston & M r Kemp 
the Attorney Gen 1 be removed from their Offices, <fe 
other fit Persons free from all connections in the Pro- 
vince be appointed in their room, with sufficient Sala- 
ries to free them from the undue influence of the As- 
sembly, I make no doubt every thing will soon become 
quiet, & People in general will think themselves happy 
in the change. 

An Attorney General of sufficient knowledge in the 
Law is more necessary for his Majesty's Service in this 
Province than has been hitherto imagined. A Gov- 
ernor must often be at a loss for want of such to advise 
him. 

Before the latter part of M r De Lanceys Adminis- 
tration there were only three Judges of the Supreme 
Court. He added a fourth to oblige the Speaker of 
the Assembly, who had been very usefull to him. It 
will be more easy to find sufficient Salaries for Three 
than for Four. The present Justices of the Supreme 
Court are Dauiel Horsmanden, Chief Justice, David 
Jones, William Smith and Robert R. Livingston. 

Nothing my Lords but a thorough Conviction of the 
necessity of Appeals for securing the Rights of the 
Crown & a due administration of Justice, could have 
induced me to stand singly in the Gap against such a 
violent torrent, in a Country where my family must 
continue to be exposed to the Malice of a powerfull 
Faction, sway'd by avaricious views which in my for- 
mer Letter I have explained. My conviction princi- 
pally arises from the knowledge I nave of the adminis- 
tration of Justice in this Province, & of the Men in 
whose .hands it is placed against whom without an 
Appeal to a superior Judicatory even an Act of Par- 
liament may not be a sufficient Security. 

Your Lordships cannot avoid seeing my present 
situation, and that my confidence can only be in His 
Majesty's Protection while I perform my Duty, with 
your Lordship's approbation of my conduct And 



456 THE COLDEN PAPERS. 

your Lordships must likewise perceive how much it 
concerns me in the administration to know your senti- 
ments as soon as may be. 



To The R t . Hon" 1 ". Earl of Halifax. 

New York, 23 d Jany 1764. 
My Lord, 

In the Letter of the 13 th of last month which I had 
the honour to write to your Lordship, I presumed the 
importance of the subject would excuse the trouble I 
then gave you. I shall not now presume so much 
on your patience, haveing at this time given all the in- 
formation to the Lords Commissioners for Trade <fc 
Plantations, I can on v the subject of Appeals to his 
Majesty in his Privy Council, so warmly disputed in 
this Province. I shall only beg leave to mention some 
things w\ I humbly conceive may deserve your Lord- 
ships immediate attention. 

His Majesty's authority and the Rights of the Crown 
"are secured to him by his Courts of Justice. The 
King does not think it safe to place this great Trust 
finally in the Courts of Justice in the Colonies, and 
therefore has reserved an appeal to himself in his 
Privy Council. How wisely this Precaution has been 
taken too evidently appears by the present opposition 
to it. Had the Judges of our Sup ream Court & the 
Gentlemen of the Council candidly given their opinions 
with becoming submission to the King in his Privy 
Council, I should have made no complaint whatever 
their opinion had been. But when Men in whom the 
King places the greatest confidence in this Province, 
attempt to support their opinion by measures which no 
Man fully convinced of the Justice As legality of his 
Opinion would ever take, they give just reason to be- 
lieve that they are influenced by sinister <fc bad pur- 
poses, and are not willing to submit to the proper 



THE COLDEN PAPERS. 457 

Judges finally to determine the same : especially if the 
measures taken to support themselves are only fitted 
for the purposes of a Desperate Faction in opposing 
the Wal administration of Government & tending to 
sedition. 

The Judges under pretence of delivering the Rea- 
sons of their conduct openly Harangue a numerous 
Audience with design to render the plain <fe obvious 
meaning of his Majesty's 32 nd Instruction odious to the 
People by representing it as subversive of the Law & 
Destructive of the Constitution, and by vile suggestions 
that the Governor who supports the Instruction and 
the Lords of the Privy Council who have the final 
Determination of appeals, are Men capable of over- 
turning the Law & Constitution, & willing to reduce 
his Majesty's subjects of this Province to a state of 
Slavery. 

However incredible what I now say may be thought 
I humbly conceive it will evidently appear by the 
Papers enter'd on the Minutes of Council, by the 
Printed Papers which I inclosed to your Lordship 
with ray preceding Letter <fc by Justice Livingston's 
Harangue, an attested copy of which I now inclose <fc 
which I doubt not is likewise design'd for the Press. — 
Justice Livingston is largely interested in the great 
Land Pattents. 

This wicked design is put beyond all Question by 
the Printing the Judges Harangues while the matter 
was depending before the Gov'. <fe Council for their 
Judgement, <fc still depends before his Majesty in his 
Privy Council for their final Determination. 

These Publications have had their design'd effect of 
inflaming the minds of the People in this City. But 
clamours artfully raised soon subside, as I am confident 
this will with People in general. They have formerly 
in one or two Instances succeeded by such artifices in 
giving apprehension to the Kings Ministers of incon- 
veniences & dangers for which there was no real 
grounds, and they hope to do so now. 



458 THE COLDEN PAPERS. 

The Attorney General is the proper Person to advise 
& assist the Governor in every case relating to Law 
proceedings. M r . Kemp the present Attorney General 
absolutely refused to advise or assist in the support 
of his Majesty's Instructions, which laid me under 
unexpected difficulties. 

From the knowledge I have of the Men & of the 
manner of Proceeding in our courts of Justice, I am 
with entire submission of opinion that all factious at- 
tempts for the future will be effectually discouraged if 
his Majesty shall think proper to remove Chief Justice 
Horsmanden <fc Justice Livingston who have chose to 
distinguish themselves on this occasion, & appoint a 
proper Person to be Chief Justice free from all inter- 
ested connections & supported according to the Dignity 
& importance of his office. It seems farther requisite 
for this purpose that an Attorney General be appointed 
capable of supporting the Kings Authority <fe Rights 
of his Crown & to advise the Governor in all cases 
where the advice of a Lawyer is requisite, & that he 
likewise be made independent. When this shall be 
done &> the present torrent of delusion has subsided 
which cannot last long, I make no doubt people in 
general will be sensible of the great benefit they will 
receive by the right of appealing on the Merits of the 
Cause. Many are sensible of the present precarious 
state of their Property under the dangerous and for- 
midable influence of the profession of the Law, which 
extends to every branch of Government. When a 
Cause is carry'd to his Majesty's Privy Council the 
Lawyers in this Place can have no improper influence, 
& of this both they and their clients will become 
sensible. 

So long as I can remember we have not had an At- 
torney General fit for his office. This defect has en- 
couraged some Men to become bold in factious attempts, 
& from this the Proprietors of the great Land Pattents 
have gain'd their great power. An able Attorney 
General would have restrained them effectually. 



THE COLDEN PAPERS. 459 

Inclosed, My Lord, is a copy of the final Resolution 
of the Council in relation to appeals. 

If my situation in this Province be considered after 
the administration of Government shall be in other 
hands, & of my numerous family at all times exposed 
to the Malice of a number of Men, the proprietors of 
the great Pattents, virulent in their Resentments, & 
of great influence by their Riches and family connec- 
tions ; I am persuaded it will be allowed me that 
nothing but a Sense of my Duty & of the real Interest 
of the Country where my Residence is fixed could have 
prevail'd on me to have acted, singly & without assist- 
ance, the part I have done. 

The same Sense and Conviction of my Duty gives me 
full confidence that I shall at all events remain safe 
under his Majestys Protection. 

In all my public actions I have had in view to be 
worthy your Lordships Regard, and to preserve the 
honour of being, & c . 



To Edward Sedgwick, Esq. 

New York, Jany 23. 1765. 
Sir, 

I have the favour of your Letter of the 10 th of No- 
vember, informing me that the Earl of Halifax had lost 
no time in transmitting the Depositions relative to the 
Seizure and confiscation of Mess™ Crugers Vessell off 
Hispaniola to his Majestys Embassadore at Paris, with 
his Majesty's commands to make proper Remonstrances 
thereupon to the Court of France. 

By the preceding Packet & by this I have trans- 
mitted several Papers <fc wrote to my Lord Halifax as 
well as to the Plantation Board, on a Matter of great 
importance to his Majesty's service, & to his Subjects 
in this Province. 

It may be of singular use to me to know the Senti- 
ments of his Majesty's Ministers on the subject of those 



460 THE COLDEN PAPERS. 

Letters cfc papers, as soon as may be for I expect that 
pretended intelligence will be propagated in this Place, 
to my prejudice. I promise you no imprudent use shall 
be made of any information you shall favour me with, 
or other use than what you shall allow me to make of 

it. 

I flatter myself that my Lord Halifax will allow you 
to do me this favour, and you will thereby greatly 
oblige Sir, & c 



To R T Charles, Esq, General Post Office, London. 

New York 24 th Jan y 1765 
Sir, 

I have your very kind favour of the 11 th of August 
last giving me an account of what had been done with 
respect to the boundary between this Province tfe New 
Hampshire. The Lords of the Plantation Board in- 
form'd me that they had adopted my Proposition & 
recommended the same to be finally determined by his 
Majesty, but I had not heard that his Majesty had 
made any order thereon, till I received your Letter 
neither have I as yet received any authentic Account 
of it. 

No doubt you are informed by the Committee of 
Correspondence that the Assembly of this Province 
have on the Recommendation of the Plantation Board 
past an Act for Determining the Boundary between 
this Province & Massachusetts Bay, similar to the act 
for determining the boundary between this Province & 
New Jersey which the Plantation Board had disap- 
proved of. I sent an authentic copy of this Act to 
Gov r Bernard the receipt of which he has acknowl- 
edged, but I know nothing of the Resolution of the 
Assembly of Massachusetts Bay on that Subject. 

You have now under your care matters of great im- 
portance cfe which may in the consequence produce 
great changes in this Government. You will extreme- 



THE COLDEN PAPERS. 461 

ly oblige me with an early information of what pub- 
lic steps are taken, or resolutions of the Ministry, or 
probably like to be taken thereon. I am with great 
Esteem <fc Regard 



To R T Hon ble Lords of Trade, &c. 

New York, Jany 27 th 1765. 
My Lords, 

The Packett being detain'd by the lee & bad Weather 
after the mail was closed, I have an opportunity to in- 
form your Lordships that by Letter which I received 
from Sir William Johnston, he thinks it of the greatest 
consequence in preserving the Peace with the Indians 
that the Regulations of the Trade with them be trans- 
mitted as early as possible next Spring. As the man- 
ner of opening the General Trade may have great influ- 
ence on the Minds of the Indians, I entirely agree 
with him in the same Opinion. I shall add that as 
private Interest will probably give much trouble to 
those who shall be entrusted with the conduct of this 
Trade, it appears to me extreamly necessary that the 
directions be as precise as possible, with discretional 
powers however in case of unforeseen Emergencies: 
as to these Experience at least will be the best In- 
structor. 

From what I can learn Col. Bouquet has performed 
everything that was expected of him. But as to the 
Expedition by way of Niagara, I can form no Idea 
from any information which I have received. By 
an account I have from Sir W m . Johnson since I 
wrote my last, Col. Vaughan w r ho commands at Ni- 
agara is under difficulties by his not having sufficient 
directions for his conduct on any unexpected emer- 
gency which has happened. But of this I expect My 
Lords you will have a particular account from Sir W m 
Johnson. 

M r Marsh who was appointed by the King, Sec- 



462 THE C0LDEN PAPERS. 

retary for Indian affairs & Clerk of the City & 
County of Albany dyed about a fortnight since. The 
uniting of these two different offices was at first ob- 
tain'd only by private Interest & they might at that 
time have been executed by the same rerson while all 
the Indian affairs were Transacted at Albany. But 
now that the Indian affairs are conducted at various & 
distant places, & never at Albany, it is impracticable 
for the same person to execute both offices. I have 
therefore appointed Stephen De Lancey, my Grandson, 
Clerk of the City & County of Albany hopeing that 
it will not be disagreeable to your Lordships. If it be 
not, & the King appoint no other, my appointment is 
sufficient. Before I did this I sent on purpose to ad- 
vise with Sir W m Johnson who agrees with me in the 
propriety of separating the two offices & designs to 
recommend M r . Shuckburgh for the office of Secretaiy 
of Indian Affairs. 

Since my last I have had opportunity of conversing 
with disinterested Persons in relation to the opposition 
against Appeals to the King in his Privy Council, & 
from them I have reason to think that the artifices to 
raise a general discontent have not the success that 
was expected. It is too evident that the view of the 
party in opposition to appeals is to raise a public 
clamour in hopes thereby to make his Majesty s min- 
isters think it prudent to yield to them. In this they 
place their hopes, but my Lords I am confident that 
by the appointing a proper Chief Justice & an able 
Attorney General, with a sufficient support for each of 
them, all opposition will cease. At the same time I 
humbly conceive it requisite that Justice Livingston 
who has distinguished himself on this occasion be re- 
moved from his office, as no Cause of any Consequence 
can come before him in which or in similar Cases he 
or the Livingston Family are not interested. Allow me 
to add that public clamours rais'd by artifice as they 
tend to Sedicion may become more dangerous in the 
Colonies than they can be in Britain. 



THE COLDEN PAPEHS. 463 

Whatever I presume to propose is done with the ut- 
most submission by My Lords. 



To the R T Honourable Earl of Halifax. 

New York, 28 th January 1765. 
My Lord, 

M r Marsh who was Secretary for Indian Affairs & 
clerk of the City & County of Albany by the Kings 
Commission dyed in this Place about a fortnight since. 
The two offices of clerk & Secretary were united sev- 
eral years since by private Interest. The office of the 
Clerks of Counties have at all times been & the others 
still are in the Governors Nomination & appointment. 
When these two offices in the county of Albany were 
first united, the business in both was small, &, they 
might well have been executed by the same person, for 
then all the Indian affairs were transacted at Albany. 
But now that the Indian affairs are become vastly 
more extensive, and are all now Transacted at parts 
distant from Albany, it is impracticable for one person 
to attend both. Sir W m Johnson whom I have con- 
sulted is of the same Opinion. I have appointed Hugh 
De Lancey, my Grandson, clerk of the city & county 
of Albany & have left the other office open to Sir 
Williams recommendation. 

One M r Hansen was the first who applied to me for 
the office of clerk <fc I inclined to have appointed him 
before I was informed that he is charged with a breach 
of Trust in fraudulently imbezzling a considerable 
quantity of Money put into his hands. M r Elliot Re- 
ceiver General of his Majesty's Revenues in this Prov- 
ince, I am told, has wrote in favor of M r Hansen to 
his Brother M r Elliott, Treasurer of the Chamber, but 
this I believe was done before M r . Elliott knew of my 
appointing my Grandson, & without his knowing of 
the charge on M r Hansen's character. 



464 ' THE COLDEN PAPERS. 

My Lord, I should npt have troubled you with a 
matter of so small importance were it not that every 
disappointment to me at this time must greatly lessen 
me with the People of this Province — I am with the 
highest respect <fc gratitude My Lord, 



To D R Robert Whytte Professor of Medicine in 

the University of Edinburgh. 

New York, Febry 2 d 17G5. 
Dear Sir, 

Ilaveing an opportunity of a ship directly to Leith 
commanded by M r . Thompson who tells me he is per- 
sonally known to you, I am fond of laying hold of it 
Such an opportunity I have often wished for to send 
you some papers which I imagine in your hands may 
be of some use, but my present hurry of business 
greatly disappoints me. I have reason to think I shall 
have no time to consider the subject so as to make my 
thoughts appear with any degree of clearness to others. 
I can only at present give you general hints. I think 
it demonstrable that the Animal Circulation is not 
performed by Mechanical Principles only. That a 
particular intestine Motion or a kind of Fermentation 
in the Fluids begins & continues the circulation, & 
that the motion of the Blood may properly be said to 
originate in the Veins (a Paradox). That a certain 
Principle of Fermentation, or a kind of Yest is neces- 
sary for vital Fermentations. That the nerves yield 
this Principle. That the origin of the Nerves is in 
the male sperm or animalcule or licatricula in the Egg. 
That all the solid parts are formed from the Nerves. 
That the Female yields a proper Nest and Materials 
or Fluids for the first beginning of the circulation & 
for the gradual forming of the Viscera <fe Animal 
Machine, under the direction of an intelligent Princi- 
ple. The Materials or Fermenting Liquors are after- 



THE COLDEN PAPERS. 465 

wards supplied by Food. Hence the necessity of dif- 
ferent Male & Female individuals in every animal 
species, or of different Male & Female parts in Veg- 
etables. That while the influence of this Principle of 
Fermentation from the Nerves continues perfect, Vital 
fermentation is continued, but when it is obstructed or 
vitiated a vicious fermentation or corruption is pro- 
duced, and Death. 

These hints I am persuaded are sufficient for you to 
Judge of the Principles I have conceived of Animal & 
Vegetable Life & Motion, & if they have a real founda- 
tion you are more able than I am to illustrate them, so 
as to make them of general use. 

My thoughts have of late been unavoidably much 
encaged in Political Fermentations, which at this time 
are raised more or less everywhere in the Colonies. I 
am of opinion that these political fermentations are 
necessary for preserving the Political system in its full 
vigor <fc life, when they arise from a time principle of 
Virtue, but when they arise from vicious Principles of 
Avarice or Lust of Power in Individuals they produce 
corruption through the whole system, and at length its 
Death or Destruction. It would be of great use in his- 
tory to shew the Principles from whence these several 
Ferments at different times have arisen ; and the natu- 
ral consequences of them from the Principles which 
occasioned them. No man is more able to do this than 
the Judicious Principal of your University. 

It will give me great pleasure to hear that M r Bard 
improves in his Studies under your Instruction. 

I am obliged to write without sufficient time to con- 
sider what I write. I flatter myself you will excuse 
it. I am with the highest esteem & real affection 
30 



466 THE C0LDEN PAPERS. 



To The Hon. Tho" Fitch, Esq. Gov. of Connecti- 
cut. 

New York, Febry. 12, 1765. 
Sir, 

Haveing laid before his Majesty's Council the in- 
closed Petition of John Anderson, holding by Grant 
under the great seal of this Province three Islands in 
the Sound, & complaining that he has lately been sued 
by Justus Bush, David Bush, William Bush & John 
Gregg, Inhabitants of the Colony of Connecticut, for a 
supposed Trespass on one of those Islands called Cap- 
tains Island, and praying the interposition of this Gov- 
ernment in order to secure to him the effect of the 
Royal Bounty. I am by the advice of the Council to 
propose to your Government the submitting the matter 
of Jurisdiction with respect to these Islands and such 
others in the Sound as are or may be Contested to the 
Determination of his Majesty in his Privy Council, on 
such state of the Controversy as each Government shall 
think proper to transmit to his Majesty's ministers for 
this purpose; and that in the meantime all judicial 
proceedings be suspended as ineffectual, and necessari- 
ly tending to create Animosities between Individuals, 
& to embroil the two Governments. As the Method 
proposed will answer the same end as a Commission in 
the usual form, and, being attended with little or no 
Expence, seems better adapted to a Case in which the 
public Interest in either Colony is inconsiderable : I 
flatter myself it will meet with the approbation of 
yours, in which case I shall order the proper Papers to 
be prepared & shall transmit them without Delay. I 
am with great Regard 



THE C0LDEN PAPERS. 467 



To The R t Hon ble Lords of Trade & Plantations 

New York 22 nd February, 1765. 
My Lords, 

As it is my duty to give your Lordships all the in- 
formation I can on the subject of appeals, which has 
been so publicly Disputed in this Province, I presume 
you will not be displeased with my adding from time 
to time such farther information as comes to my knowl- 
edge. It is improbable that I without assistance could 
be fully informed of many things pertinent to the subject. 

In King Charles the 2 nd8 Grant of this Province to 
his Brother the Duke of York, appeals to the King are 
Reserved in the following words : " And saveing & 
Reserving to us our Heirs <fc Successors, the Receiving, 
Hearing and Determining of the Appeal and appeals 
of all or any Person or Persons of in or belonging to 
the Territories or Islands aforesaid, iiji or touching any 
Judgment or sentence to be there made or given." And 
in all the Commissions to the Governors of this Province 
from the Revolution to the year 1708, when Lord Love- 
lace was appointed Governor, a like reservation is in- 
serted : but in Lord Lovelace's Commission the Reserv- 
ing of Appeals is omitted, & inserted in the King's 
Instructions to him; and has continued ever since in 
the Instructions only. So that the Right of Appealing 
appears to be an Essential Part of the Original Consti- 
tution of this Government, and continued by express 
words ever since. It cannot enter my imagination 
that so long continued an Act of the Kings Authority 
in all the Colonies can be Illegal. And it seems to me 
inconsistent with the Rules of Justice that there should 
be no relief against the Verdict of a Jury, but what 
depends on the Will of the Judge, in giving a new 
Trial, or by Attaint. The first seems to be a power 
merely assumed by the Judges, and often ineffectual, 
the other in its nature almost impracticable and for 
that reason in disuse. 



468 THE COLDEN PAPERS. 

Since my last I am informal that the Gentlemen in 
Opposition to Appeals, have prevail'd on several Per- 
sons in this Town, to write to their Correspondents in 
London, and transmit the Papers Printed in this Place, 
in order to have a public appearance there against ap- 
peals. I cannot say what success they may have with 
their correspondents, but if they have with Merchants 
or any Persons in England, haveing Property in this 
Colony, it must be from their not being well apprised 
of their own Interest. 

The success in this Town in opposition to appeals is 
not to be wonder' d at, where the Proprietors of the 
great Tracts of Land, and the principal Lawyers 
strongly connected with them, mix with every Com- 
pany, <fc use every artifice to promote their purposes. 
But it is otherwise in the Country where the Planters 
or Farmers have severely felt the effects of the Domi- 
nation of the great Proprietors tfe of the Lawyers. 
Notwithstanding of this artificial Clamour I am confi- 
dent that if his Majesty Resolve to support the Right 
of Appealing and shall appoint the officers necessary 
for that purpose in this Province, as I have mentioned 
in my former letters it will be quietly submitted to, & 
people in general will think themselves more secure in 
their property with the Right of Appealing than with- 
out it ; The Proprietors of the great Tracts, in their 
iniquitous claims, and the overbearing Lawyers only 
excepted. 

I think it proper farther to observe that so far as I 
remember there has not been six causes brought before 
the council either on appeal or in Error, in forty years; 
and in that time only one Cause carried by appeal to the 
King in his Privy Council, wdiile M r Clarke was Lieut. 
Governor, in which case the Judgment of the Supreme 
Court was neither reversed nor affirmed as in Error, 
but a new Judgment on the Merits of the Cause was' 
given, different from that of the Supream Court. 

M r . Cunningham's attorney has Entered his appeal 
from the Judgment of the Council, delivered in Security 



THE COLDEN PAPERS. 469 

for paying Damages <fc Costs, in case the Judgment of 
tlie Supreme Court be affirm'd, and prayed suspension 
of the Execution 'till the Kings Judgment in his Privy 
Council be obtained. The Resolution of the Council 
thereon is enclosed. I am with great Respect & 
submission My Lords. 



To The R t . Hon 8 " Earl of Halifax. ' 

New York, Feby 22 d 1765. 
My Lord, 

I have the honor of your Lordships Letter of the 
8 th of December. It gives me a great encouragement 
in my Duty, to have my obedience to bis Majesty's 
Commands so favorably received. 

I have, I am affrayed, trespass'd too much on your 
Lordship's patience by the long Letters which I 
thought my Duty required me to write to you on the 
Subject of appeals to the King in his Privy Council. 
Few matters, in my humble opinion, of greater im- 
portance in the Colonies require the attention of his 
Majesty's ministers. I now write to the Plantation 
Board, what farther information I can give them on 
that subject 

The dangerous influence which the Profession of the 
Law lias obtain'd in this Province, more than in any 
other portion of his Majesty's Dominions is a principal 
Cause of disputing Appeals to the King, but as that 
influence likewise extends to every part of the Ad- 
ministration, I humbly conceive that it is become a 
matter of State, which may deserve your Lordships 
particular attention. 

After M r . De Lancey had, by cajoling M r Clinton, 
received the Commission of Chief Justice dureing good 
Behaviour, the Profession of the Law enter'd into an 
association, the effects of which, I believe your Lord- 
ship had formerly opportunity of observing in some 
striking instances. They proposed nothing less to 



470 THE COLDEN PAPER8. 

themselves than to obtain the direction of all the 
measures of Government by makeing themselves abso- 
lutely necessary to every Governor, in assisting him 
when he complied with their Measures, & by distressing 
him when he did otherwise. For this purpose every 
method was taken to aggrandise the power of the As- 
sembly, where the profession of the Law must allwise 
have great influence over the members, & to lessen 
the authority & influence of the Governor. In a 
country like this where few Men, except in the Pro- 
fession of the Law, have any kind of Literature, where 
the most opulent families in our own Memory, have 
arisen from the lowest Rank of the People, such an 
Association must have more influence than can be 
easily imagined. By means of their profession they be- 
come generally acquainted with Men's private affairs & 
necessities every Man who knows their influence in the 
Courts of Justice is desirous of their favour, & affray'd 
of their Resentment. Their power is greatly strength- 
ened by enlarging the Powers of the Popular side of 
Government & by depreciating the Powers of the 
Crown. 

The Proprietors of the great Tracts of Land in this 
Province have united strongly with the Lawyers as the 
surest support of their enormous & iniquitous Claims, 
& thereby this faction is become the more formidable 
& dangerous to good Government. 

M r trat who had no family or private connections 
in this Province while he was Chief Justice discovered 
the dangerous influence of this faction in the admin is- 
tration of Justice, as well as otherwise, and resolved 
with the assistance of Government to have crushed it ; 
but he was prevented by death. Many who have 
either felt or perceived the bad effects of the Domina- 
tion of Lawyers lament the loss of such a Judge. 

All associations are dangerous to good Government 
more so in distant Dominions, <fc associations of Law- 
yers the most dangerous of auy next to Military. 

Were the People freed from the dread of this Do- 



THE COLDER PAPERS. 471 

minion of the Lawyers, I flatter myself with giving 
general Joy to the People of this Province. I never re- 
ceived the least opposition in my administration except 
when I opposed the views of this faction. I am con- 
fident their views may be entirely defeated by the means 
I humbly proposed in my preceding Letter, with the 
concurrent assistance of his Majesty's Ministers when 
it becomes necessary. 

M r . Cunningham's Attorney has entered his appeal 
from the Judgment of the Council, delivered in security 
for paying damages & costs in case the Judgment of 
the Supreme Court be affirmed, & prayed Suspension 
of the Execution till the Kings Judgment in his Privy 
Council be obtained. The Resolution of the Council 
thereon is enclosed. 

It is my constant endeavour by an assiduous per- 
formance of my Duty to preserve the honor of being 
My Lord. 



To John Pownall, Esq. 

New York, Feb 7 22. 1765. 
Sir, 

I have the honour of the Lords Commissioners Com- 
mands signified to me by your Letter of the 7 th of De- 
cember, relating to Drawing Bills for public Services. 
I know not that any Governor of this Province has 
drawn on the Treasury in many years. If it shall be- 
come incumbent on me at any time to draw, I shall 
punctually observe their directions. 

The Assembly of this Province have ordered the 
Minutes of their Proceedings & Resolutions to be 
printed. I have obtained one copy of the first Volume, 
the other not being as yet printed to transmit the 
Lords Commissioners which I now send by this Packett. 
It may be of use on some occasions to consult these 
Minutes. 

The Reduced Officers who had Land surveyed for 



472 THE COLDEN PAPERS. 

« 

them within the Claim of Moii8 r Michel Chartrier de 
Lotbiniere, as mentioned in their Lordships Letter to 
me of the 13 th of July, are very impatient to know 
their Lordships Resolution in consequence of my Let- 
ter on that Subject of the 21 8t of September. These 
officers are at present under a disagreeable & expensive 
Suspence. 

I am told that the King by his Order in Council, 
has fixed the Boundary between this Province & New 
Hampshire ; but the Order has not been transmitted. 
I suspect that the delay in publishing the Order may 
increase inconveniences, not lessen them* New Hamp- 
shire has certainly laid out a vast Tract of Land into 
Townships without makeing one Settlement on any of 
them, as I am informed. If the Method of Granting 
Land in New Hampshire be as I am told it is, they de- 
serve little regard, except where considerable Settle- 
ments <fe Improvements are made, & I am informed 
few or none are made anywhere to the Westward of 
Connecticut River, except on the North Line of the 
Massachusetts Bay, & in a very few Townships ad- 
joining to the West side of Connecticut River. 

You will see Sir by the Letters which I have had 
the honour to Write <fe the Papers I have transmitted 
to the Lords Commissioners that a Dispute has arisen 
in this Province to a great height in relation to Ap- 
peals directed by his Majesty's 32 ml Instruction, in 
which I have thought it my Duty to support the In- 
struction as much as in my power. Peoples minds will 
be affected according to the Reports from England, 
which will be spread among them on this occasion — it 
will therefore be of great use to me to know their 
Lordships Sentiments as soon as may be. You will 
oblige me extreamly by informing me of them, tho' 
it were only in general Terms. I am with the greatest 
esteem <fe regard, Sir, 



THE COLDEN PAPERS. 473 



To Sir William Johnson, ins Majesty's Superin- 
tendent of Indian Affairs for the Nortitern 
Department. 

Fort George, N. Y. March 15 th 1765. 
Dear Sir, 

I have your favour of the 27 th ult° informiug me of 
the uneasiness the Mohawks are under from the late 
Settlements made in the Pattent of Kayaderosseres, & 
of the bad consequences you apprehend from it. As 
soon as I could call the Council together I laid your 
letter before them, the result of which you will see by 
the inclosed Minute of Council. 

In a former Letter I informed you that I had sent 
an exemplified copy of the Pattent of Kayaderosseres, 
& of the Indian Purchase which is on Record, under 
the great seal of the Province, to the Plantation Board, 
in order that the Pattent may be vacated by Act of 
Parliament as their Lordships informed me they in- 
tended to propose, in case the Assembly of this Prov- 
ince did not Vacate the same. 

Now you will be able to inform the Indians authen- 
tically that both you & I have done everything in our 
power to do them Justice, & that they may rest satis- 
fied that Justice will be done them tho' it cannot be 
done so speedily as they expect, cfc we wish it may be 
done. 

You will, I am confident, think it proper to take 
some pains with them to convince them that even the 
King cannot do Justice to himself, or to the most be- 
loved of his Subjects otherwise than by his Courts of 
Justice. The Proceedings then from the nature of 
things, are slow & require patience, but their effects 
are certain <fc effectual, which the greatest & richest 
Man cannot withstand. 

If I were one of themselves, and indeed I was 
adopted by the Conojaharies many years since, I can- 
not do more for their obtaining of Justice than I have 



474 THE OOLDEN PAPERS. 

for many years past done, but never had so much in 
my power to do as now, and you may assure them that 
I will omit nothing in their favor which is in my 
power, and I am confident that my endeavours will in 
the end prove effectual. On these assurances they 
may rest easy, tho' the reliefs do not come so speedily 
as thev desire. 

As to the uneasiness which the Mohawk Indians re- 
ceive from their Neighbours inform them that I have 
by my Letters last fall recommended the passing an 
Act of Parliament by which they may obtain summary 
Justice, independent of the common Law Courts : and 
I expect I shall have such an Act transmitted to me 
by the end of May or beginning of June, if not sooner. 

As to the Stockbridge Indians, since by their own 
confession they have sold their Land to the Christians, 
they have no right to interpose in the Disputes among 
the Christians : <fc the disputes between the Christians 
can only be determined by our Laws. I am with per- 
fect esteem & regard Dear Sir 

Copy of the above Letter to Sir W m & of his to 
which it is an answer, sent to the Board of Trade 
April 1765. 



To His Excellency Francis Bernard, Esq, Gov b . 
of the Province of Massachusetts Bay. 

Fort George, N. Y. April 1 st 1765. 
Sir, 

I should have answered your letter of the 4 th of 
last Month sooner had I not expected for some Weeks 
past to have been able to have returned you a more 
distinct [account] relating to the Pyratical takeing of 
the Sloop Dove on the coast of Africa than I can now. 

In the month of October last I was informed nearly 
to the same purpose as the information you have re- 
ceived of that Pyracy, & I believe the information was 



THE C0LDEN PAPERS. 475 

given by the same Person from whom your information 
was received, but he was gone from this Place before I 
knew anything about it. 

At the desire of M r James De Peyster who applied 
to me in favour of Mess™ Forney Owners of the Sloop 
Dove, I wrote to the Gov r of Porto Rico by a sloop 
which they intended to send to that place for the Re- 
covery of their Sloop & Cargo, which they were in- 
form'd was carried into that Place: and desired the 
Spanish Gov 1 " either to bring those Pyrates to Justice, 
or to send them properly secured to this Place. This 
Letter went from hence the beginning of November, & 
I did not doubt of receiving some answer or farther 
information before this time, but I have received none. 
The sloop which carried my Letter went from New 
London, &, perhaps she may return to that place. 

The Act pass'd in this Province for Settling & De- 
termining the Boundarys between this & your Govern- 
ment was done by recommendation of the Lords Com- 
missioners for Trade & Plantations, as the most proper 
method of determining that Controversy. I shall re- 
port to their Lordships the answer which you have 
transmitted to me. I am with great Regard 



To His Excellency B. Went worth, Esq. Governor 

of New Hampshire. 

Fort George, New York, April 13. 1765 
Sir, 

By the Duke of Cumberland Packett Boat last 
Tuesday I received his Majesty's Determination of the 
Boundary between this Province and yours. As I 
have reason to believe that you will receive a duplicate 
of the same by the same Conveyance, it is needless 
for me to be more particular. Only if on this occa- 
sion it may be in my power to oblige you personally, 
it will give pleasure to — Sir, Y r most ob* hum 6 Serv* 



476 THE COLDEN PAPERS. 



To the R T Hon*" 2 Lords Commissioners for Trade 

& Plantations. 

New York, 14 th April, 1765. 
My Lords, 

In my preceding Letters of the 7 th Nov r , 13 th Dec r , 
22 d January & 22 d Febry, I have given your Lordships 
all the Information I can of the Dispute in this Place 
relating to his Majesty's 32 nd Instruction. Since which 
time all public affairs have gone on quietly in their 
usual manner. 

Some Causes were brought before the Gov r <fc Coun- 
cil by Writs of Error. These were dismissed without 
any alteration after I had enter' d my reasons for dis- 
missing of them on the Minutes of Council. A Copy 
of the Keasons is inclosed. 

As soon as the Declamations of the Judges were 
published in the Weekly papers which I transmitted 
in my last the same Writers set up a weekly Paper 
called the Sentinell with design to prejudice the People 
against me Personally. I would suffer no kind of 
answer to be publish'd, <fe it has produced the effects 
in the Minds of the People which I expected, greatly 
to the prejudice of the Writers — These Men are not 
in the Esteem of the People, tfc can never become 
popular but only occasionally, <fe by some clamour ar- 
tificially raised which must soon subside of itself. 

After the Declarations <fe Proceedings in Council 
had been dispersed thro' the Province in weekly 
Papers, they were collected into one Pamphlet & the 
whole Edition sent to England. It seems a very Ex- 
traordinary Proceeding in the officers of the Crown, 
that while a Dispute is before the proper <fc legal 
Judges, they should appeal to the People without 
waiting for the proper determination of the same. 
They refuse an appeal to the King <fe at the same time 
appeal to the People. 

I am extreamly averse to give your Lordships so 



THE COLDEN PAPERS. 477 

much trouble as I have done, but when you consider 
the measures, taken in this Place in opposition I hope 
you will perceive that it was not in my power to pre- 
vent it In this as in everything else, I am with the 
greatest Submission My Lords, <fc°. 



To the R T Hon bxj5 Lords Commissioners for Trade 

& Plantations. 

New York, April 13 th 1765. 
My Lords, 

On the 14 th Day of March I received the Letter 
from Sir William Johnson of which the enclosed is a 
copy. Next Day I communicated it to the Council 
who advised me to direct the Attorney General to 
bring a scire facia* against the Pattent of Kayaderos- 
seras, as by the inclosed Minute of Council more par- 
ticularly appears. To prevent as much as in my power 
any misunderstanding with the Indians at this time, 
I lnfonn'd Sir William by express sent on purpose 
of what was done & wrote to him what I thought 
might contribute to make the Indians easy at this 
time, a copy of which is likewise inclosed. But after 
all I am affrayed the method now taken (<fe I know of 
no other method which can be taken) will prove inef- 
fectual to prevent uneasiness with the Indians by rea- 
son of the unavoidable delays in the proceedings of 
the Courts in this Province. I do not expect it can be 
determined in several years. 

The strongest proof of the enormous & iniquitous 
claims of the Proprietors of the great Pattents will 
appear from the enclosed copy of a Caveat entered 
against their claim by a great number of Freeholders 
who have settled & improved the Lands claim'd, in 
small Tracts: & from the Memorial of the Surveyor 
General of Lands on the same subject presented to me 
accompanied with a map of Minisink • cfe Evans's Pat- 



478 THE COLDEN PAPERS. 

tent, which I communicated to the Council in conse- 

Juence of which, <fe in obedience to his Majesty's 46 th 
nstruction, I have directed the Attorney General to 
file Informations of Intrusion against several Persons 
who have lately set down on that part of the Lands 
which still remains in the Crown. I expect this will 
put an effectual stop to these & such like proceedings, 
out I shall be better able to inform your Lordships 
after I shall know whether they will defend their 
Claims. No man who considers the state of this mat- 
ter as set forth in the inclosed Papers, can imagine 
that such Claims could be made in a Country where 
regular Courts of Justice are establish'd, & they would 
not in this Country were there sufficient checks in our 
Courts on the Chicanery & Artifices of the Lawyers by 
disinterested Judges 01 Integrity <fc Ability. This is 
the same Case of which I inform'd your Lordships, at 
the request of a great number of poor industrious Peo- 
ple, in November last. 

On this occasion I cannot omit observing to your 
Lordships of the bad use made of the Act for the more 
effectual Collecting of his Majesty's Quit rents in five 
colony of New York, § for Partition of Lands in 
order thereto. Passed in the year 1762. I never gave 
my assent to any Act with more reluctancy than to 
this, tho' I got many amendments made to it, because I 
apprehended the bad use that would be made of it, but 
I was so much press'd by both the Assembly & Coun- 
cil, thro' the influence of the Proprietors of these great 
Tracts that I thought it imprudent to take the Load of 
a refusal upon myself while it was in his Majestys 
power to repeal it before it could take any Effect as 
will appear from my Letter to your Lordships of the 
25 th Jany 1762. I shall now only add that I know not 
of any Advantage to the collection of Quit Rents by 
any Partition made in pursuance of it, & I believe no 
advantage can be shewn. On the contrary the Quit 
rents have been prejudiced by People being deterred 
from improving or settling any Lands under new 



THE COLDEN PAPERS. 479 

Grants from the Crown anywhere near the Claims of 
these great Pattents. 

If your Lordships shall think it proper that this Act 
be Repeal'd it may be expedient to have it done & the 
Repeal transmitted without delay because all Acts 
done by virtue of any Act of this Province are con- 
ceived to be valid if done before the Repeal is authen- 
tically signified. 



To The R l Hon ble Earl of Halifax, <fc° 

New York, April 27 th 1765. 
My Lord, 

I have the honor of two Letters from your Lordship, 
both of the 9 th of Februaiy. I have communicated to 
the Merchants that relating to the seizure of their Ves- 
sells by the French King's officers, to evince to them the 
attention the King has to the Interest and Security of 
his Mercantile Subjects, by the Remonstrances his 
Majesty had order'd his Ambassador to make for their 
Relief, even before they could at this distance apply 
by their Prayers for Redress. 

The other a circular letter, relating to some misun- 
derstanding between the civil Governors & the Com- 
manding officers of his Majesty's Troops. The Com- 
manders in chief generally Reside in this Place, <fc I 
have been so happy as never to have had the least mis- 
understanding with any of them. 

I have . the great pleasure to inform your Lord- 
ships, that this Government continues in perfect Tran- 
quility, notwithstanding of the continued efforts of a 
Faction to raise discontent in the Minds of the People 
& disorder in consequence of it. The most effectual 
method in their opinion for obtaining their ends. A 
few of the Profession of the Law continue to publish 
most Licentious abusive weekly Papers. I have re- 
strained every return or reply to them. They have 
produced the contrary effect of what the authors de- 



480 THE COLDEN PAPERS. 

sign'd, but what I expected. While by malicious 
Calumny the Authors endeavour'd to asperse the char- 
acters of others, they have sunk their own Reputation. 

No illicit Trade has been discovered of late — His 
Majesty's Ships are preparing to go out. 

If I receive the honour of your Lordships approba- 
tion, I shall think myself very happy. I am with en- 
tire Submission. 



To John Pownall, Esq, Secty Board of Teade, & c 

New York, April 27 th 1765. 
Sir, 

I have the honour of the Lords Commissioners Com- 
mands signified to me by your Letter of the 14 th De- 
cember last inclosing his Majesty's Order in Council of 
the 20 th July for determining the boundary between 
this Province <fc New Hampshire, <fe in pursuance of 
their Lordships Orders I have made the same Public 
by Proclamation. 

I have the satisfaction to inform you that the Ad- 
ministration of Government continues in its-usual tran- 
quility, notwithstanding of some violent efforts to in- 
troduce disorder by Clamours artificially raised, <fc 
which now subside. The Party in opposition still con- 
tinue a licentious & abusive weekly Paper. By re- 
straining any reply to them they are entirely defeated 
in their design of continuing public Clamour, & draw 
only contempt on themselves. I am with great Regard 



PUBLICATION FUND. 



NEW-YORK HISTORICAL SOCIETY. 

FOUNDED 1804. 



THE PUBLICATION FUND. 

The New- York Historical Society has established a fund 
for the regular publication of its transactions and Collections in 
American History. Publication is very justly regarded as one of the 
main instruments of usefulness in such institutions, and the amount 
and value of what they contribute to the general sum of human 
knowledge through this agency, as a just criterion of their success. 

To effect its object, the Society proposed to issue One Thousand 
Scrip shares of Twenty-five Dollars each. Each share is trans- 
ferable on the books of the Fund, in the hands of the Treasurer, and 
entitled the holder, his heirs, administrators or assigns, to receive : 

I. Interest — Until the Fund was complete, or sufficient, in the 
opinion of the Trustees, to enable the publications to com- 
mence without impairing the principal thereof, interest on the 
par value of his share or shares at the rate of five per cent, 
per annum. 

II. Publications — One copy of each and every publication made at 
the expense of the Fund, amounting to not less than one Octavo 
Volume of five hundred pages per annum. 

The number of copies of these publications is strictly limited to 
twelve hundred and fifty — of which the Society receives for 
corresponding Societies and exchanges for the increase of the Library, 
two hundred and fifty copies — but no copies are offered for sale 
or disposition in any other manner by the Society. 

The conditions of subscription included a pledge on the part of 
the Society that the moneys received should be applied for these 
purposes, and no other, and be invested solely in stocks of the United 
States, the City and State of New- York, or on bond and mortgage, 
and be held forever by the President, Recording Secretary, and 
Treasurer of the Society, as Trustees (ex-officio) of the Publication 
Fund. 



484 PUBLICATION FUND. 

The first proposals for the establishment of this Fund were issued 
in 1858. Received with much less interest on the part of the mem- 
bers than was expected, its total amount up to 1865 was so small as 
to suggest the necessity of abandoning the scheme and returning the 
amount of subscriptions and interest to the subscribers. An earnest 
effort, however, in that year brought up the amount to a point which 
gave the assurance of ultimate and not distant success. 

Admonished by the universal change of values, which has taken 
place within the past few years, and the necessity of increasing the 
amount of the Fund, the Society determined to terminate the issue 
of shares at the original price, and to double the price of the remain- 
ing shares. Other measures are in view which promise to enhance 
the value of the shares without failure in the full discharge of every 
obligation to the shareholders, who will receive all its benefits with- 
out any additional contribution to the increased Fund. 

Under the authority and direction of the Executive Committee, 
the series of publications began with the volume for the year 1868. 

Interest still due upon any shares to January 1, 1868, will be 
paid to shareholders on application to the Secretary to the Trustees 
at the Library of the Society, Second Avenue, corner of Eleventh 
Street, where the volume for the current year is also ready for dis- 
tribution. 

Frederic de Peyster, 
Andrew Warner, 
Benjamin H. Field, 

Trustees. 
George H. Moore, 

Secretary to the Trustees. 

\* Any person desiring to procure these publications, may pur 
chase a share in the Publication Fund, by enclosing a check or draft 
for fifty dollars, payable to the order of Benjamin H. Field, 
Treasurer of the New-York Historical Society, for which the certificate 
will be immediately transmitted, with the volumes already published, as 
the purchaser may direct. 

J3T* Address George H. Moore, Librarian of the Historical 
Society, Second Avenue, corner of Eleventh St, New- York City. 

New-York, December 1875. 



ORIGINAL SUBSCRIBERS TO THE FUND. 



JST. 7. City. 

u 



•BARB 

1. Jambs Lenox, 

2. Same, 
8. Same, 
4. Same, 
6. Same, 

6. Same, 

7. Same, 

8. Same, 

9. Same, 

10. Same, 

11. Joitn B. Morbau, 

12. Henry T. Dbownb, 

13. Benjamin IT. Field, 

14. Thomas W. 0. Moore, 

15. George Bancroft, 

16. WlLLIAM OhAUNCEY, 

17. Ciiablbs H. Ward, " 

18. William Menzies, " 

19. J. Watts db Pbystbb, u 

20. Edwin Croswell, " 

21. Edward Everett, Baton, Mass. 

22. Horace Binnby, Phila., Pa. 

23. Frederic de Pbystbb, If. Y. City. 

24. Augustus Sohell, 

25. Andrew Warner, 

26. GouverneurM Wilkins, 

27. Erastus C. Benedict, " 

28. James Savage, Boston, Mass. 

29. S. Alofsen, If. T. City. 
80. Albert A. Martin, tl 

81 William B. Campbell, " 

82. John Alstyne, " 

38. John Armstrong, " 
84. Wm. L. Chamberlain, 



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SBASB 

85. William B. Crosby, If. T. City 

86. Horatio S. Brown, " 

87. John A. Hardenbergh, " 
38. William P. Powers, " 
89. Samuel Marsh, " 

40. William II. II. Moore, " 

41. C. V. S. Roosevelt, " 

42. Robert Townsend, Albany. 
48. David Thompson, If. Y. City 

44. James Stokes, u 

45. George Peters, ** 

46. George T. Trimble, * 

47. William Curtis No yes, u 

48. Thomas Suffern, •• 

49. Richard H. Bownb, *' 

50. Gkorge n. Purser, " 

51. John II. Chambebs, m 

52. George W. Pbatt, u 
58. Henry A. Hurlbut, a 

54. August Bblmont, ** 

55. George R. Jackson, " 

56. Cleayton Newbold, a 

57. George Bbuob, " 

58. F. A. Palmer, a 

59. John Ward, «* 

60. Samuel Jaudon, u 

61. Thomas T. Stubgbs, u 

62. John Reid, a 

63. Gustavus Swan, u 

64. Matthew Olarkson, m 

65. William A. White, tt 

66. Wm. M. Halstbad, *• 

67. Thomas DeWitt, u 

68. OnARLES P. KlRKLAVD, u 



486 



SUBSCRIBERS TO THE FUND. 



u 



u 



tt 



tt 



tt 



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9HAMB 

69. II. G. La whence, iV. 7. Cfty. 

70. Edward F. DbLanoby, u 

71. Cyrus Curtiss, *' 

72. Shepherd Knapp, " 
78. Edward DeWitt, '* 

74. D. B. FAYERWEATnBR, 

75. Mark IIoyt, 

76. Charles M. Connolly, " 

77. Cornelius DuBois, 

78. L. 0. Clark, 

79. Thoma8 Lawrence, 

80. David T. Valentine, " 

81. H'y Russell Drownb, 

82. JonN Fowler. Jr., 

83. William Bowne, u 

84. Henry T. Drowne, " 

85. NEHEMiAn Knight, Brooklyn. 

86. William S Thorne, N. 7. City. 

87. Alex'r McL. Agnkw, 

88. Robert C. Goodhue, 

89. George F. Nesbitt, " 

90. JonN E. Wool, Troy. 

91. John P. Trbadwell, New Mil- 

ford, Conn. 

92. Isaac Fryer, N. 7. City. 

93. Charles J. Martin, " 

94. Franklin F. Randolph, " 

95. Samuel Coulter, *' 

96. David Van Nostrand, u 

97. Addison G. Biokfobd, " 

98. Jonas G. Dudley, u 

99. Theodorus B. Taylob, " 

100. William Scott, " 

101. David Sloane, " 

102. Joseph G. Harbison, " 

103. Same, " 

104. Same, " 

105. Same. •• 

106. Edward Walker, " 

107. JonN C. Hewitt, " 

108. Charles I. BusnNBLL, " 

109. Giles F. Busiinell, " 

110. John O. Calhoun, u 

111. Thomas J. Lee, Boston, Mat* 



BHABI 

112. S. WniTNBY PnoiNix, N. F. City 

113. Same, " 



114. 


Same, 


it 


115. 


Same, 


u 


116. 


Same, 


tt 


117. 


Same, 


tt 


118. 


Same, 


u 


119. 


Samb, 


tt 


120. 


Same, 


tt 


121. 


Same, 


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122. 


Same, 


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123. 


Same, 


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124. J. B. Bright, Waltham, Mom. 

125. Robert L. Stuart, N. 7. City 

126. Same, 

127. Alexander Stuart, 

128. Same, 

1 29. George T. Jackson, 

130. John A. Anderson, 

131. Charles P. Daly, 

1 32. Evert A. Duyokinok, " 

133. Henry C. Cabteii, 

134. Andrew J. Smith, 

135. Matiuas Bloodgood, " 

136. J. ROMEYN BRODnEAD, u 

137. Jno. A. McAllister, Phila., Pa. 
188. Nath. W. Hunt, N. 7. CUy. 

139. Thro. S. Parker, Hoboken, N.J. 

140. William M. Brown, N. 7. City. 

141. And. Brown, Middletown, N. J. 

142. Joseph B. Vabnum, N. 7. City 
148. Charles B. Cotten, 

144. Alvin A. Alvord, 

145. Wm. IIenry Arnoux, 

146. Same, 

147. Same, 

148. Same, 

149. Albert Smith, New Rochelle. 

150. M. C. Morgan, N. 7. City 

151. S. Howland Bobbins, " 

152. Francis Baoon, 

153. A. Spiers Bbown, 

154. George C. Colbubn, 

155. John Calvin Smith, Manlim 



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SUBSCRIBERS TO THE FUND. 



487 



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ii 



SHAM 

156. W. B. Eager, Jr., J\T. F. C%. 

157. Isaac J. Greenwood, 

168. Frederic R. Fowler, 
159. Anthony Dry, Jr., 
.60. Seymour J. Strong, 
61. Ebenezer J. Hyde, 
.62. William B. Taylor, 

63. Ferd. J. Dreeb, Phila., Pa. 

64. Aug. Toetdebero, Brooklyn. 

65. Charles 0. Mobbau, N. Y. City. 

66. Charles H. Hart, Phila., Pa. 

67. Henry Phillips, Jr., " 

68. Francis B. Hayes, Boston, Mass. 

169. T. Stafford Drowne, Brooklyn. 

170. CORTLANDT De PeYSTER FlELD, 

N. Y. City. 

171. John S. Craig, K Y. City. 

172. Charles II. Rogers, " 
78. Maurice Hilgbr, 
i74. E. A. Benedict, 
.75. William Ever dell, 
176. Geo. R. Drowne, Boston, Mass. 
L77. J. Watts db Peyster, A 7 ". F. 

City. 

178. James B. Andrews, iv~. F. City. 

179. Constant A. Andrews, 

180. Lor i no Andrews, Jr., 
[81. Walter S. Andrews, 
[82. Clarence Andrews, 
183. William L. Andrews, 
[84. Same, 
85. JonN Armstrong, 
186. Paul Iv. Weizel, tfilyn, N. F. 
[87. John F. McCoy, K Y. City. 

188. Joseph B. Hoyt, 

189. James Benedict, 
[90. J. Nelson Tappan 

91. Francis Wig and, 

92. C. H. IsnAM, 

93. D. B. Fayerweatheb, 

94. John A. Hardenbergh, 

95. J. W. Weidemeyer, 
196. Edwin Faxon, Boston, Mas*. 
97. F. A. Gal* X Y. City. 



M F. City 



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198. John Caswell, 

199. William C. Dorntn, 

200. William P. Cooledge, 

201. John R. Fobd, 

202. Israel Corse, 
208. Daniel Morison, 

204. John Bridge, 

205. Wilson G. Hunt, 

206. Charles H. Smith, 

207. John P. Crosby, 

208. Era8tus Corning, Albany. 

209. Same, " 

210. Jambs B. Colgate, IT. F. City 

211. Samuel Marsh, 

212. Edwin Parsons, 

213. Robert J. Hubbard, 

214. J. Watts de Peyster, 

215. James A. Raynor, 

216. Robert J. Livingston, 

217. JonN O. Barron, 

218. Henry K. Bkewbr, 

219. John A. Nexsen, 

220. Marshall O. Roberts, 

221. William N. Blakeman, ** 

222. Herman C. Adams, 
228. Thomas B. Gunning, 

224. Abraham Bogardus, 

225. John E. Laubr, 

226. E. M. Crawford, 

227. James C. H olden, 

228. Samuel Colgate, 

229. William B. Ross, 

230. WlLUAM K. HlNMAN, 

231. JonN W. Quinot, 
282. James M. Beuob, 
233. Miss Annie Morbau, 
284. Lewis Hallock, 

235. Tub Library of the City oi 

Amsterdam, Amst-crdam^ 
Netherlands. 

236. Mrs. Anna Boynton, If. F. 

City. 

237. Rufus D. Case, N. Y. City 

238. Cyrus Butler, " 



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SUBSCRIBERS TO THE FOND. 



). Riohabd 8. Fuld, Princeton., '. 

IT. J. 
I. A. O. Zmjrtokib, Jersey Oily, 

if./. 
. MlOHAlL LoofAD, Jersey City, : 

aV.J; 
I. William A. Whitehead, New- ' 

ark, N. J. 
:. Simeon Drapes, N. Y. City. 
i. Freeman M. Josselyn, Boston, 

. Tiibodorb W. Rilbt. N. Y. City, : 

:. John Boyd, Jr., " 

', liEOKOE K. SlSTARE, " 

;. J. Warren S. Dbt, " 

'. WlLUlK II Bbidrvas, " 

'. Anson Phelps Stosbs, " 
. William 0. Martin, " 
:. A Robertson Walsh, " 

. JflSKm A. SpBAGTTB, " 

.. Charles A. Pbabodt, " 

. William B. MokbBll, " 

. Jon* \.l,.Ys<STft, Albany, KY. '. 

. Frederick Jambs de Pktbteb, ! 

If. Y. City. 

. William II. Macy, JT. Y. City. 

. Thomas Paton, " 

■. David Stbwabt, " 

. David Stewart, Jr., " 

. Jobs E. Williams, " 

. Jobs P. Town3end, " 

■. William H. ITobrell, " 

, Homkp. Morgan, " 

, Jons Armstrong, " 

Same, " 

Same, u 

Same. " 

. X. Norris Halstbad, Barri- 

ion, Hudson Co., N. J. 
. Wji. 0. Tallmadgb, JK Y. Otty. 
. Howard Crosby " 

. Mas. Mart E. Brooks, " 
. Edward Bodges, " 

. ROBBBT W. RODHAJt, " 



I. JOSH L. RntIB, IT. F. OHf 

: Walter R. T. Joins, " 

1. Olacdich L. Mosell, ** 
i. Byam K. Btsyens, Jn., " 

I. FBAN01B MAST " 

. Wmma M. Takes, " 

!. T. H. Pbteeb, " 

:. Jons B. Obbbbll, " 

,. 8. Alofseb, " 

8amb, « 

. Robert B. Mottubn, Jr., " 
. Geoboe T co not. " 

i. Rurrs S. Bkboen, Green Point 
; Bbnj'n W. Bonnet, S. Y. City. 
'. Bbnj's W. Bonnet, Jb., " 
. John S. II. Fogo, Bo/ton, Matt, 
. John B. Wbioht, " 

. William Wood, JT. Y. CWy. 
, F. Q- Van Woebt, " 

. Alex'b T. Stewart, " 
■. John B. Cbonut, tt 

. Qbobop D. Morgan, * 
:. Homer Tiltos " 

'. Samuel Frost, « 

Same, « 

. James H. Pink net, " 

. William T. Pinhnht, ■» 
. Charles H. Phillips, " 
. James Eaobb, ** 

. William Underbill, * 
. John D. Clots, " 

. Abraham B. Embury, " 
. Ohari.es L. Richards, u 
. William Beabd, u 

. James H. Welles, ■* 

. Charles Lh Bouttllibb, " 
. Thomas Lb Boutillieb, " 
. John G. Lambbbsok, " 
. Russell 0. Root, " 

. Clabkson ■ORoLitra, " 

. Willfam Murphy Chappagna. 
. Daniel T. Willets, JT. Y. City 
: Charles Gould, " 



8DB30EIBEB3 TO THE FUND. 



). Jobs B. Babtwtt, JK Y. City. : 

.. MaTHIAB CLARK, " 

t. Robebt M. Roberts, " 

t. JiB. HaSBBOUCK SAffLKR, " 
\, FeEDEBIO DE PkTBTSR, " 

i. Sams, " 

I. Sun, " 

'. Jobs J. LATTnra, " 

'. David Bottom, " 

I. F. H. Parker, " 

i, Georqe W. Thompson, " 

. Thomas F. Younos, " 

!. Oliver O. Bacton, " 
!. Abbaii E. Outtbr, Oharlettovm, 

r. William E. Lbwib, If. 7. City. 
i. John - H. .Tohsstok " 

:. William B. Clkbsb, " 
'. John O. Oonnob, " 

i. Hevrt T. Mobqax, " 

>■ Abbaii A. Leqqett, " 

i. JamkbDavett, " 

. Erastcs S. Brown, " 

:. Abher Tatlob, " 

;. Edwabd Bill, " 

: . William H. Tuthill, Tipton, : 

Cedar Co., Iowa. 

I. TIksiiv 3. Tehdbll, JT. Y. City. 
I. Gbobob W. Abbe, " 

'. Sidnev Mabon, " 

!. CtlARLEB SmELM, " 

i. Geokob B. Dork, " 

t. Garijineb Pike, " 

. JonsO. Beattt, " 

!, Lora B. Bacon, " 

;. Charles H. Ludington, " 
.'. James Brown, " 

i. ClIARLEB O'OONOB, " 

i. Charles B. Collins, " 
'. John H. Wright, Boston, Mom. ' 
\. We. 8. Constant, AT. Y. City. • 
>. Geo. W. Wales, Botton, Mat*. 
I. Jokm L. Debs, if. 7. City. 
. T. Katxaqe; Cheebm an, " 



!. Maiitojan- Radek, If. Y. Oilj, 

1. J. HoBABT HhBRIOX, " 

I. Louis P. Griffith, " 

>. Babkow Benbdio, " 

i. Edward F. DeLajtcet, u 

'. Samuel L, Bheebe, " 

1. D. Henbt Haioiit, " 

i. Jens Adbianor, " 

>. Same, « 

. Joseph W. Alsop, ** 

;. Henet Ohacnoet, u 

!. Frederick Chat-suet, " 

t. WlLUAM HaBIBSHAW, " 

: Hexby A. Hbibeb, w 

i. William H. Jackson, " 

'. Eloab T. Brown, " 

i. Henbt K. Booebt, " 

i. AddisosBbown " 

i. Ersebt Fiedler, * 

. J Watts ni Petbteb, " 

1. William Remsen, " 

': Walter M. Uxdekiiill, " 

;. Samuel W. Franoib, " 
i. Georqe Livbbmobe, Cambridge 
Mom. 

Saks, « 

Same, " 

1. Same, " 
i. John F. Gbat, If. T. Oily 

I. Hknuy G. Geiffen, " 

. Thomas S. Bbbbt, u 

!. Caltix Dueand, " 

!. Robert B. Uintubn, " 

:. F. A. P. Babsabd, » 

>. William Bbtob, " 

>. Jameb Bbtoe, " 

'. AuoBBTna Bblxnap, " 

1. Andrew Wilson, " 

i. William J. Van Ddeeh, " 

I. John 0. Havemetbb, " 

. JohnT. Asnsw, ■ 

t. Sams, *• 

i. Chables E. Bkebe, " 

S. Nathaniel W. Orates, " 



SUBSCRIBERS TO THE FUHD. 



Gboroe 0. Collins, Jf. Y. City. 


447 


William B. Tailor, Jr., A". F 


William II. Goodwin, " 




City. 


OlIiHLKS G. Darker, " 


US 


William V. Bhady, " 


WlLLlAM HeORMAK, " 


ua. 


Outer Uott, * 


Peter V. Kino, " 


460. 


ClIARLBS W. LkoOUB, ** 


Grorob W. Lank, " 


451. 


John H. Swift, « 


Louis F. Tubbabson, " 


452. 


Unoa N Gamp, « 


Henby F. Sew all, " 


453. 


V, Woolbrt Wright, " 


Una Elizabeth OlaresonJay, 


454. 


JedFbtb, " 


Jfc Y. City. 


455. 


Henrt Owbn, 


William E. Dodob, " 


458. 


William A. Youso, Albany 


William E. Dodob, Jb., " 


457. 


John Buckley, Jb., 2f. Y. City 


George W. Robins, " 


458. 


D. Randolph Martin, " 


Jobs D. Look, " 


45». 


Samuel L. M. Barlow, " 


-Ton* MoKessom, " 


460. 


E. W Rykbson " 


Richard M. Hob, " 


461 


Samuel SiiETiiAR, " 


Robert Hob, '• 


40!*. 


Geo. liR.rn.BT, Hartford, Conn. 


Pktbb S. Hob, " 


463. 


Augustus F. Smith, N. Y. City. 


Adoustks W. Patne, " 


464 


William H. Hublbut, " 


William Ootiiodt, " 


465 


Henrt A. Horlbut, " 


Edward Oothodt, " 


46« 


Mrs. Sophie H. Scott, " 


Edward F. Hopbine, " 


467. 


The N. Y. Sooibtt Libbabt, 


David E. Wkkblbr, " 




JTeto York City. 


John H. Spraoue, " 


468 


Thouab £ Marot, N. Y. City. 


Theodore Van Norden," 


489 


Jab. Y. Buns, providence, S.I. 


UBOROB UK HbaRT GlLLESPIE, 


470 


Wii, B. Bolles, Attoria, N. Y. 


y. r. city.' 


471. 


Gouv. Morris Wileinb, Am 


Benjamin G. Arnold, " 




York City. 


Coridon A. Alvord, " 


472 


James T. Fields, Botton, Mam. 


Samk, " 


473 


Horace P. Bidoi.k, Loguniport, 


Same, " 




Indiana. 


Same, " 


474 


A. L. RoAoHE, Indianapolit, It* 


J. Otis Ward, " 




diana. 


Jaubs Le.nojt, " 


475 


Miss Eliza 8. Qdixoy, Quiney 


Same, " 




Mat*. 


Jarez E. Mhnsell, " 


476 


Alfred Brookes, N. Y. City. 


Arnold 0. Hayes, " 


477 


Hbs-rt Youngs, Jr., Goshen 


Jacob W Feeteb, " 


478 


Jeremiah I.oder, " 


Daniel Sprino, " 


479 


Thomas 11. Armbtrono, " 


Jobs C. Gbben, " 


480 


William O. Bryant, " 


David L. Holdbn, " 


481 


Matthew P. Read, " 


JOSEPH W. PaTTBBBOK, " 


482 


Manning M. Khapp, Saektn 


Gordon W. Ucbniiab, " 




iaek. If. J. 


Samuel Wilde, Jr., " 


488 


Lookwood 1.. Dorr, Albany. 



SUBSCRIBERS TO THE FUND. 



491 



ti 



k 



44 



■Bill 

484. "Walter L. Newberry, Chicago, 

Illinois. 

485. Hamilton Fish, New York City. 
4^6. Wm. B. Towne, Boston^ Mass. 

487. Same, 

488. Same, 

489. Same, 

490. 8idney W. Dibble, K Y. City. 

491. Charles J. Seymour, Bivg- 

hamton, AT. Y. 

492. D. A. MoKnight, Kansas 

City, Mo. 

493. Ciias. H. Housman, IT. Y. City. 

494. James M. Cm Chester, 

495. "William W. Greene, 

496. Francis F. Dorr, 

497. Charles W. Whitnet, 

498. Robert D. Hart, 

499. George IT. Mathews, 

500. Thomas Addis Emmet, 

501. Andrew J. SMrrn, 

502. William D. Maxwell, 

503. Charles A. Macy, Jr., 

504. Thomas W. Field, 

505. CHARLE8 GORITAM BARNEY, 

Richmond, Va. 

506. Benv. B. Atterbury, IT. Y. City. 

507. Richard W. Roche, 

508. TnoMAS IT. Morrell, 

509. Smith Barker, 

510. Eyerardus B. Warner, " 

511. Augustus T. Fraxois, 

512. Wm. A. Slixgbrland, 
518. Riley A. Brick, 

514. Same, 

515. Walter M. Smith, 

516. Henry Elsworth, 

517. John Hecker, 

518. Warren Ward, 

519. Charles G. Judson, 

520. J. Meredith Read, Jr., Albany. 
621. John H. Van Antwerp, " 
522. Wm. M. Van Wagenen, " 
528. Wm. T. Ryebson, K Y. City. 



A r . F. City 



a 



(4 



«i 



11 



U 



(( 



II 



It 



II 



11 



tt 



it 



tt 



It 



t4 



It 



4< 



II 



II 



tl 



tt 



II 



II 



Ct 



■BAM 

524. Edwin Hoyt, 

525. John Van Nest, 

526. Clinton Gilbert, 

527. J. Carson Breyoort, Brooklyn. 

528. Sams, " 

529. Isaac D. Russell, K Y. City* 

530. Henry Oothout, " 

531. Alexander P. Irvw, " 

532. Beriah Palmer, " 

533. Robert Sohell, " 

534. Alfred T. Ackert, Bhinebeeh 
585. JonN IT. Watson, &. Y. City. 
536. Abraham Baldwin, 

587. Ezra A. IIatt, 

588. William G. Lambert, 

589. CnARLES S. Smith, 
540. Charles A. Maoy, 
641. Samuel Raynor, 

542. Lucius Tuoxerman, 

543. William Betts, 

544. William K. Strong, 

545. JonN D. Jones, 

546. Same, 

547. Thomas C. Doremus, 
648. RuDOLpn A. WrrrnAUS, Jr.. 

JT. Y. City. 

549. F. W. Macy, Cranford, N. J. 

550. J. N. Ireland, Bridgeport, Conn. 

551. William Montross, N. Y. City 



tt 
u 

tt 

44 
(4 

t; 
a 



u 



tt 



it 



u 



44 



u 



44 



552. Samuel R. Mabbatt, 

553. Jacob S. Wetmore, 

554. Marvelle W. Cooper, 

555. Abraham M. Cozzens, 

666. Jacob Van Wagenen, u 

667. John H. Riser, a 

558. Wm. Alexander Smith, m 

559. George Dixon, Jr., 

560. Hamilton Odbll, 

561. CnARLES B. Richardson, tt 
662. LToratio NionoLs, u 

563. George T. Hall, a 

564. Henry A. Burr, m 

665. Franklin H. Delano, u 

666. James M. Deuel, u 



44 



it 



SUBSCRIBERS TO THE FOND. 



Richard Irvin, Jr., Jf. 7. Oity. 


609 


Parker Hahtt, Jf. 


r. ottt 


Dotm.it B. Fuller, " 


610 


Geo roe Gribwold, 




Henry A. Smiths, " 


611 


Willahd Parser, 


* 


Josiah S. L EVERETT, " 


618 


Auu'a W Bradford, 


* 


J. S. Davenport, Boston, Ham. 


613 


BusjAUtN I.. Besbob, 


« 


Bronson Peck, If. Y. City. 


614. 


Edward Sohbll, 


" 


William A. Allen, " 


615 


A. Jl. Kellooo, 


" 


William Dowd, " 


61 9 


Joseph O. Bnows, 


* 


David I.. Baker, " 


817. 


E. B. Oaklet, 


» 


John G. Shea, " 


618. 


Nathaniel Jartis, Jr„ 


■ 


Claiiksok N Potter. " 


619 


DavidS. Dusoomh, 


» 


David D. Field, " 


620 


Attocstus K GahhSSB, 


u 


William 11. Applbtok, " 


821 


L-BaTARdSmiTH, 


" 


Samosl.T. Tildes. 


622 


Loins de V. Wilder. 


" 


Jamba W. Gerard. " 


623 


William E. Bird, 


" 


TiMomT G. CnuacniLL, " 


624. 


Franklin B. Houon, LokfUU. 


Parker HaNDY, 


625 


Thomas P. Rows, Jf. 


7. City. 


Nathaniel Hayden. " 


62S 


8 a 1U IB I. Osiiood, 


" 


Jons G. Holbrooke, " 


627 


Charles A. Meios, 


« 


Robert H. MoCdbdt, " 


698 


Edward H. Pordt, 


« 


Rush C. Hawkins, " 


620 


Joseph F. Jot, 


" 


L. M. Ff.hbis, Jr., » 


630 


Hbzekiah Kino, 


« 


Theo. Roosevelt, "• 


681 


Horace W. Full eh, 


» 


J. Butler Wright, " 


632. 


William H. Post, 


« 


Geokiib Paleb, " 


68S 


Edward D. Bdtleb, 


" 


Geokoe Griswold, " 


634. 


Henry B. Dawson, Morritania. 


0. D. Mbsn. 


685. 


ALMONW.GBI8WOLD,itT.r.CTIy. 


Fiiank Moore, " 


636 


S. Towsbbnd Cannon, 


" 


William H, Lee, 


637 


Theodore M. Babnks, 


" 


U. P. Choker. " 


83S 


Joel Mdnbell, Albany. 




Henry E. Clark, 


689 


Same, " 




Jaokson R. SointLTz, " 


640 


Tiiomab A. Bishop. N. 7. City 


Jons Cahter Brows, Prov- 


041. 


Same, 


« 


idence, It. 1. 


642 


Nicholas F. Palmer, 




Jons Caoth Bhown, 2d, Prov- 


648 


0. L. Leonard. ImiwtUt 




idence, R. I. 


644 


DavidO. nALflTEAD. Jf. 7. Oity 


Peleq Hall, If. 7. Oity. 


645 


Thomas Morton, 


" 


CnARLEB L. Anthont, " 


646 


J F Shrafb, 


** 


Georob W. Hall, " 


647 


Hesrt A. Bostwiok, 




J. T. Leavitt, ** 


648 


Hiram D. Dater, 


- 


JosRpn How land, Mattenwan. 


649 


Georoe H. Williams, 




Jons W. Mdsro, Jf. 7. Oity. 


850 


Ado, W. Retnolw, 




Parkkb Handy, " 


851 


Silvamob J. Mact, 




Same, 


653 


Henry J. Sc udder, 


" 



SUBSCRIBERS TO THE FUND. 



493 



81IABI 

658. N. W. 8njTVK8Airr Oatlin, jV. 

Y. City. 
ij">4. H. Tract Arnold, N. Y. City. 
635. Benjamin R. Winthrop, " 

656. Same, u 

657. Benj. R. Winthrop, Jr., u 

658. Eoerton L. Winthrop, N. Y. 

City. 

659. Franklin Edson, Albany. 

660. Robert C. Melvain, N. Y. City. 

661. Archibald Russell, " 

662. William I. Paulding, Cold 

Spring. 
668. JohnRomeynBbodhead, i\T. Y. 
City. 

664. JonN L. Kennin, N. Y. City. 

665. James Stokes, Jr., " 

666. John A. Russell, " 

667. E. M. Wright, " 

668. Everardus Warner, u 

669. Evkrardus B. Warner, " 

670. Jonx C. Hewitt, " 

671. Peter Stryker, Phila., Pa. 

672. Wilson M. Powell, N. Y. City. 
678. Samuel II. Brown, " 

674. Ellsworth Eliot. " 

675. John T. Klots, " 

676. Charles H. Dummer, ** 

677. Henry D. Bulkley, " 

678. J. K. Hamilton Willoox, u 

679. Apn.ETON Sturgis, u 

680. William T. Salter, " 

681. William Rockwell, u 
•82. E. H. Janes, ik 
688. Thomas B. Nrwby, u 

684. Louis de V. Wilder, " 

685. Same, " 

686. Samuel Coulter, " 

687. Ralph Clark, u 

688. Thomas F. De Voe, " 
0K9. John Groshon, m 
990. S. L. Boardman, Augusta, Me. 

691. Charles J. Folsom, jV. Y. City. 

692. George Folsom, u 



■BAM 

698. Evbrardus.Warneh, N. Y. City 

694. George 0. Eyland, " 

695. O. F. IIardon, " 

696. F. Wiley, •* 

697. Alexander Wiley, * 

698. John W. Scott, Astoria. 

699. Edward Anthony, N. Y. City 

700. Chaunoey P. Smith, Woleott. 

701. H'y Camerden, Jr., K Y. CUy. 

702. George Bancroft, " 

703. Abraham R. Warner, u 

704. James W. Purdy, Suffern, 

705. Ciias. Congdon, B'klyn, If. Y. 

706. Long Island Historical Soci- 

ety, Brooklyn, K. Y. 

707. Brooklyn Mercantile Library 

Association, Brooklyn, N. Y. 

708. New Bedford Free Library, 

New Bedford, Mass. 

709. John David Wolfe, N. Y. City. 

710. Miss 0. L. Wolfe, " 

711. George W. Cook, " 

712. James L. Woodward, u 
718. William Frederick Pools, 

Boston, Mass. 
714. Benjamin H. Field, N. Y. City. 

716. CORTLANDT De PeYSTEK FlELD, 

N. Y. City. 

716. John Fitch, N. Y. City. 

717. Same, 

718. F. Augustus Wood, 

719. John H. Dillingham, Haver* 

ford College, Pa. 

720. F. Augustus Wood, N. Y. City 

721. Charles A. Peabody, w 

722. Edwin F. Corey, Jr., * 

723. John G. Lamberson, u 

724. Same, " 

725. John E. Parsons, * 

726. Gbatz Nathan, a 

727. B. F. DeOobta, " 

728. Henby 0. Pottrb, tt 

729. Henry Niooll, u 

730. George E. Moore, u 



ii 



a 



494 



SUBSCRIBERS TO THE FUND. 



SHARK 






731. 


John F. Trow, 


N. Y. City. 


732. 


Same, 


tl 


733. 


Same, 


It 


734. 


Same, 


it 


735. 


Same, 


It 


736. 


Same, 


u 


737. 


Same, 


i< 


738. 


Same, 


%t 


739. 


Same, 


it 


740. 


Same, 


u 



741. George H. Moore, 4% 

742. Same, " 

743. Same, u 

744. Same, " 

745. Same, 

746. Same, 

747. Same, 



tt 

u 



SB ABE 

748. George H. Moore, N. 7. City. 

749. Same, 

750. Same, u 

751. William J. Hoppin, " 

752. James W. Beekman, 4 ' 

753. JosEPn F. Lodbat, 

754. Carlisle Norwood, Jr., " 

755. James Havemeyer, %4 

756. The Peabody Institute, Bal* 

Umore, Md\ 

757. T. Harrison Garrett, Balti- 

more, Ma\ 

758. The Library of the Univer- 

sity, Toronto, Canada. 
'759. Francis Baker, N. Y. City. 

760. GOLDSBOROUGH BANYER, " 



Shareholders by transfers to December, 1876. 



BHABS 

20. George Farmer, N. Y. City. 
31. Henry P. Campbell, " 
41. James A. Roosevelt, u 
43. Mrs. Sarah D. Thompson, %t 
47. Rachel T. Whitehead, " 
73. George G. De Witt, •* 

83. Hugh H. Bowne, " 

84. Edward A. Walton, " 
90. AsnER R. Morgan, u 

94. Charles H. Guild, EastSomer- 

triUe, Mom. 

95. John Hobart Warren, N. Y. 

City. 
98. Jacob A. Gross, N. Y. City. 
111. J. K. Wiggin, Boston, Mom. 
136. Eugenia Brodhead, N. Y. 

City. 
150. George H. Peeke, Jersey City, 

N.J. 
167. John J. Thompson, N. Y. City. 
174. Lucik P. Benedict, u 

187. J. K. Wiggin, Boston, Mass. 
195. Ellsworth Eliot, M.D.,iV. Y. 

City. 



SHARE 

244. W. Elliot Woodward, Box- 
bury, Mass. 

284. Samuel C. Blackwell, Somer- 
ville, N. J. 

296. Eleanor Mary Cronin, &. Y. 
City. 

305. Fred'k Thompson, N. Y. City. 

821. Samuel Y. Clark, " 

342). Harvard College Library, 
Cambridge, Mass. 

351. Thomas H. Montgomery,^. Y. 
City. 

358. Robert S. Miller, N. Y. City. 

426. Everett P. Wheeler, u 

427. John H. Sprague, u 
450. Eugene H. Lecour, " 
470. William Bolles Halsey, if. 

Y. City. 

496. Boston Athene um, Boston, 
Mass. 

502. The Public Library, Cincin- 
nati, Ohio. 

508. Joseph Sabin, if. Y. City. 

512. Same, " 



SUBSCRIBERS TO THE FUND. 



495 



IHA1I 

632. NatiianB. Walker, N. Y. City. 
540. Francis n. Macy, Jr., %4 
559. David G. Francis, " 

571. The Parliamentary Library 

of Canada. 
573. W. Royce Allen, N. Y City, 
643. The Trustees op the Low- 

yille Academy. 
663. Eugenia Brodiikad, N. V. City. 
670. Wm. P. Prentice, u 

683. Charles L. Woodward, 4i 



8HA1I 

684. Edward C. Wilder, N. Y. City. 
\ 685. C. V. B. Ostrander, u 
; 698. The College of New Jersey, 
! Princeton. N. J. 

• 714. John Everitt, N. Y. City. 

• 716. James M. Hunt, N. Y. City. 
719. Havrrford College Library, 

Ilacerford CUlege % Pa. 
723. Henry H. Thompson, iV. Y. 

City. 
727. David G. Francis, *• 



FOR INDEX— SEE SUBSEQUENT VOLUME. 



OEC 3i97| 



Stanford University Library 

Stanford, California 



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