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Full text of "Journal of the Legislative council of the colony of New-York. Began the 9th day of April, 1691; and ended the [3d of April, 1775]"

OE1T- 




JOURNAL 



O F T H E 



LEGISLATIVE COUNCIL 



OF THE COLONY OF 



N E 





O R 




Began the 8th Day of December, 1743 ; 



AND 



Ended the 3d of April, 1775. 



Publiflied by Order of the Senate of the State of New- York. 



G. 



II 




ALBANY: 

Weed, Parsons & Company, Printers. 

1861. 



J / / 



v.2. 

dQCUMENTS 

DEFT. 



JOURNAL 



OF THE 



LEGISLATIVE COUNCIL 



OF THE 



PROVINCE OF NEW YORK 



TWENTY -THIRD ASSEMBLY FIRST SESSION 

At a Session of the Councill & General Assembly began at the City Hall of the City 
of New York, on Tuesday the eighth day of November, 1743. 

His Excellency the Governour having been pleased to dissolve the late General Assembly on 
the 27 th of September last & to order Writts to be issued the same day for electing Members to 
serve in a new one returnable this day 

The Councill met accordingly 

PRESENT The HonUe CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
HENRY LANE, 
DANIEL HORSMANDEN, Esq. 

His Excellency having been informed that a Majority of the Representatives were met in the 
Assembly Chamber 

His Excellency the Honourable George Clinton Esq r came to the Councill Chamber and sent 
a Message by the Deputy Clcrck of the Council to the Assembly Chamber to require the 
Immediate attendance of the Members who are qualifyed 

The said members thereupon attended accordingly 

His Excellency then ordered them to return to the Assembly Chamber & Choose a Speaker 
and present him Immediately for his approbation 

The Members thereupon left the Council Chamber & soon after returned and presented 
Adolph Philipse Esq r for their Speaker to his Excellency for his approbation 

Which Choice his Excellency was pleased to approve of 

Then the said Adolph Philipse Esq r the Speaker after a short apology for himself desired his 
Excellency in Behalf of the House That their words and actions might constantly have a 
favourable construction That the members might from time to time have free access to his 

M18589 



Journal of the Legislative Council of New York. [^ &?*" 

__,_ t anij -th at they an d their servants might be privileged and protected as usuall which 
Ins "Excelli tiCy vtas" pleased to grant 

His Excellency then made a Speech to the Council! and General Assembly and delivered one 
Copy thereof to the Speaker of the Council and another Copy thereof to the Speaker of the 
General Assembly 

After which His Excellency left the Council Chamber & y f members returned to y e House 

The Speaker resumed the Chair 

Ordered, that His Excellencyes Speech be read 

Which being read accordingly It was further 

Ord d , that the Same be entred in the Minutes and is in the words following 

Gentlemen, 

"It wou d have been very agreable to me to have embarqued for my Government soon after 
" his Majesty was graciously pleased to honour me with his Royall Commission, but the Affairs 
"of this province as well as my own rendered that Impracticable 

"I am now come amongst you Gentlemen with such favourable Impressions of the people you 
"represent, that it shall be my Chief Study, by every proper method to deserve your Good-Will 
" and meritt your esteem as it shall be my constant endeavour to discharge the Trust reposed in 
" me by a steady adherence to the principles of Justice and a due regard to the Established 
" rights & privileges of the peoples, Consistent with the known Prerogative of the Crown: and 
"I am persuaded from your Loyalty to his Majesty, whose natural affection Extends to the 
"Remotest of his Subjects, and his glorious zeal in maintaining the Liberties of Europe, have 
"justly rendered him the Darling of his own people, and gained him the Immortal Title of the 
" Deliverer of others, and likewise from your wanted Regard to the Honour & Reputation of 
"the Province ; that you will not fail of answering his Royal Expectations and my reasonable 
"hopes in Granting a Revenue for the suport of his Government, in as ample a manner and for 
"a term as long as has heretofore usually been given under any of my predecessors, Governors 
" in Chief of this province 

"The short time I have been with you has not permitted me minutely to Examine into the 
"State of your fortifications, the security & well maintaining of which has (since my arrival) 
" been strongly recommended to me by his Majesty ; and I cannot doubt but the present critical 
"juncture of the affairs of Europe, will induce you to exert your utmost care in points of so 
"great ami general Importance, And as you are indebted to the bountif ull care of his Majesty 
"for a late large supply of warlike stores, it will be incumbent upon you to shew your 
" thankfulness by making immediate provision for the purchase of such others, as in the 
"Judgment of our Superiors ought to be had at the proper Charge and Expence of the province 

I understand and am thorougly convinced of the great consequence it is to the British Interest 
on this Continent in General, as well as to this Province in particular, to secure the friendship 
and dependance of the Six Nations of Indians, and to cement if possible into a firm union with 
each other all those who are in alliance with any other of his Majesties Provinces You will 
therefore find me heartily disposed with your assistance to put my Intentions on this Head in 
Execution as soon as the Season for a general Treaty will permit 

The opinion I entertain of his Majestyes Subjects in this province forbids me to think they 
will suffer the usual place of their Governours residence, to lye longer in the Ruins to which 
the late unhappy Fire has reduced it I cannot but sensibly feel the Inconveniencies that from 
hence arise to me and my family. If therefore some regard to them, Joined to that which the 
dignity of the Government requires at your hands can prevail on you to take this matter into 
your immediate consideration, it will redound very much to your Honour and my Ease 

Having taken notice before my departure from England, that this Province contrary to the 
custom of most others in America, is intirely uprovided with any agents for negotiating the 
publick affairs of the Colony at the Court of Great Britain I cannot on this occasion omit 
mentioning to you the necessity there is of an appointment of some proper persons for this End, 
and of Establishing such a reasonable allowance for their Service, as may induce them to exert 
themselves with Vigilance & Care in whatever may contribute to y e welfare or affect the publick 
Interest of the province 

I desire you Gentlemen to be assured Nothing in my power shall be wanting to demonstrate 
my real regard and attachment to the Interest of this Colony ; I will endeavour to convince 
you of the sincerity of my Intentions by the uprightness of my actions ; and shall always be 
well pleased with my administration when I know it stands approved by the general voice of 
the people 

GEO CLINTON 

Ordered, that His Excellency s Speech be forthwith printed 

The Hori ble James De Lancey Esq r moved that an Humble address be presented to his 
Excellency to congratulate him on his safe arrival with his family into this province 

To Express the grateful! sence we have of his Majestyes affection to his people & his zeal for 
the Liberty of Europe in Exposing his Sacred person to the greatest Dangers 



1743.] The Hon. George Clinton, Esq: Governor. 821 

To return his Excellency our Thanks for the favourable sentiments he has been pleased to 
express concerning the people of this province & to assure him that we will chearfully contribute 
every thing in our power that may best conduce to the Honor of His Government, the ease of 
his administration and the welfare of the people 

Resolved, that an Humble Address be presented accordingly 

Ordered, that the Honb le Cadwallader Golden, James De Lancey & Daniel Horsmanden Esq 
be a Committee to draw up the said address 

Then the Councill adjourned till to morrow morning 10 of the clock 



Wednesday, Nov r 9 A , 1743. 
The Council met according to adjournment 

PRESENT The Hon m CADW GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

HENRY LANE, 

DAN HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Honb le James De Lancey Esq r from Comee appointed to draw up the address to his 
Excellency presented to the Council a Draught of the said Address 

Ordered, that the same be now read 

Then the same was read & being approved of the s d Draught was ordered to be Engrossed 

The said Address having been engrossed was read & ordered to be signed by the Speaker 

Ordered, that the Honble Archibald Kennedy & Henry Lane Esq rs do wait on His Excellency 
& know his pleasure when he will be attended with the said Address 

The Hon ble Archibald Kennedy and Henry Lane Esq" withdrew & being returned reported 
that they had attended his Excellency with the above message and that he was pleased to 
appoint to morrow morning Eleven of the clock 

Then the Councill adjourned till to morrow morning nine of the clock 



Thursday, Nov r 10 *, 1744. (sic) 
The Council met according to adjournment 

PRESENT The Honourable CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Then the Speaker with the Council went up to his Excellencyes to present their address & 
being returned 

The Speaker reasumed the Chair 

The Honble Cadwallader Golden Esq r reported to the Council that Having attended his 
Excellency with their Address he was pleased to return a very favourable answer to it, which 
he reported in his place 

Ordered, that the said Address and Answer be entred in the Minutes and are in the words 
following 



822 Journal of the Legislative Council of New York. [ 2 S leS . 

To His Excellency The Honourable GEORGE CLINTON Esq r Captain General and Governour in 
Chief of the Province of New York and Territories thereon depending in America and vice 
Admiral of the same &c 

The Humble ADDRESS of his Majestyes Council for the Province of New York 

M ty it please your Excellency 

Wee his Majestyes most dutifull and Loyal subjects the members of the Council for this 
Province Joyfully congratulate your Excellency s safe arrival in your Government with your 
Lady and Family 

We, and we are perswaded the people of this Province are most sensibly affected by the 
numerous manifest Proofs His Majesty has given of his affection to his People and of his zeal 
for the Liberty of mankind lately most evidently demonstrated in his Exposing his sacred person 
to the greatest Dangers in defence of the Liberty of Europe and we are satisfyed the people of 
this province take his Majestyes appointing your Excellency Gov r in Chief as an Instance of his 
Royal Favour to them. Your Excellencyes immediate descent from that Antient Noble Family 
which has distinguished itself through many generations by their Loyalty, Courage, Probity 
and benevolence, together with your Excellencies past life in the service of your King and 
Country, shew his Majestyes gracious Intention in sending your Excellency to govern us 

It is with the highest satisfaction we observe the favourable sentiments your Excellency 
has been pleased to express concerning the people of this Province ; we look upon it as a happy 
Presage of that Harmony and good agreement which we trust will subsist between the several 
Branches of the Legislature 

As we cannot doubt of the uprightness of your Excellencyes declaration in the assurances 
you have been pleased to give us of your steady adherence to the principles of Justice and of 
your regard to y e Rights and priviledges of the people so neither can we doubt but that they 
will make such dutiful returns as his Majestyes most gracious favours to them require and your 
Excellencye s personal merit deserves 

We do assure your Excellency that the matters you have recommended to us for the safety 
and prosperity of the Colony shall be the subject of our most serious consideration and as you 
will endeavour to make us a happy and Flourishing people so we of his Majestyes Council will 
on our part contribute everything in our power which may best conduce to the Honour of your 
Government the Ease of your administration and the welfare of the people. 

By order of the Council 

CADW GOLDEN Speaker 

His Excellencyes Answer to y e s d Address 

Gentlemen, 

I return you my Thanks for the Joy you Express on my safe arrival with my family into this 
Government 

The grateful sence you have of his Majestyes affection to his people and his zeal for the 
Libertyes of Europe in exposing his most sacred person to the greatest Dangers cannot fail of 
recommending you to his Favour and is highly acceptable to me 

You may rely on the assurances I have given, as I cannot have a greater pleasure than to see 
the people of this province flourishing & happy during my administration. 

GEO CLINTON 

Ordered, that the said Address & Answer be forthwith printed 

Then the Council adjourned till Tuesday morning ] 1 of the clock 



Tuesday, November the 15 *, 1743 
The Council met according to adjournment 

PRESENT The Honlle ARCii d KENNEDY, Esq, Speaker, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Then y e Council adjourned till Fryday morning 11 of the clock 



1743.] The Hon. George Clinton, Esq : Governor. 823 

Fryday, Nov T 18 ", 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE DANCEY, 
PHILIP CORTLANDT, 
DAN HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Richard & M r Haasbrook with the Bill Entituled, An 
Act to Let to Farm the Excise on Strong Liquors retailed in this Colony from the 1 st day of 
Nov r 1743 to the first day of November 1744 desiring the concurrence of the Council 
therewith 

Ordered, that the said Bill be read the first time 

Then the said Bill was read the first time and 

Ordered to be read a second time 

Then the Council adjourned till to morrow morning 10 of the clock 



Saturday, Nov r 19 *, 1743. 
The Council met according to adjournment 

PRESENT The Hontte ARCHIBALD KENNEDY, Esq r , Speaker, 

PHILIP CORTLANDT, 

HENRY LANE, 

DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act to Let to Farm the Excise on Strong Liquors retailed 
in this Colony from the first day of November 1743 to the first day of November 1744 be now 
read a second time 

Then the said Bill was read the second time & committed to the Gentleman of the Council 
or any three of them 

The Council resolved themselves into a Comittee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Honble Dan 1 Horsmanden Esq r Chairman of the Comittee to whom the said Bill was 
referred in his place reported that they had gone through the same and had directed him 
to report it without any amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be read a third time 

Then the Council adjourned till Tuesday morning 10 of the clock 



Tuesday, Nov r 22", 1743. 
The Council met according to adjournment 

PRESENT The Honlle ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHIL CORTLANDT, 
HENRY LANE, 
DAN" HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned till to morrow morning ten of the clock 



824 Journal of the Legislative Council of New York. Puts^S 1 

Wednesday, Nov r 23 d , 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act to Let to Farm the Excise on Strong Liquors retailed 
in this Colony from the first day of Nov r 1743 to the first day of November 1744 be now read 
a third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Dan 1 Horsmanden Esq r do acquaint the General Assembly that the 
Council have past the said Bill without any amendm 

The Council adjourned till to morrow morning 10 of y e clock 



Thursday, Nov T 24 *, 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by Col 1 Schuyler & M r Glen with the Bill Entituled, An Act 
further to fortify the City of Albany and Town of Schenectade and for raising the sum of four 
hundred and fifty pounds to defray the Expence thereof desiring the concurrence of the Council 
thereto 

Ordered, that the said Bill be now read 

Th<m the said Bill was read the first time and 

Ordered to be read a second time 

The Council adjourned till to morrow morning 10 of the clock 



Fryday, Nov T 25 *, 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq r *. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act further to fortify the City of Albany and Town of 
Schenectade and for raising the sum of four hundred & fifty pounds to defray the Expence 
thereof, be now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed to the Gentlemen of the Council or any five of them 

The Council resolved into a Committee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 



1743] The Hon. George Clinton, Esq: Governor. 825 

The Speaker resumed the Chair 

Ordered, that the s d Report be now made 

Tlifii the Honble Da 1 Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through the same & had directed 
him to report it without any atnendm 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be read a third time 

Then the Council adjourned till Tuesday morning 10 of the clock 



Tuesday, Nov r 29" , 1743. 
The Council met according to adjourmn 

PRESENT The Honllc JAJIES DE LANCEY, Esq, Speaker, 

HENRY LANE, 

DA HOESMANDEN, Esq. 

A Message from the Assembly by Col 1 M lore & Col 1 Schnyler with the Bill Entituled, An 
Act for the better regulating the Militia desiring the concurrence of the Council thereto 

A Message from the Assembly by M 1 Nicholl & M r Van Home with the B 11 Entituled, 
An Act for regulating prosecutions by Informations desiring the concurrence of tiie Council 
thereto 

A Message from the Assembly by Cap" Livingston & M r Le Count with the Bill Entituled, 
An Act for the further continuance of An Act Entitled, An Act, for and towards supporting the 
Government of this Colony by Granting to his Majesty the Duties therein mentioned from 
the first Day of December 1740 to the first Day of December 1741 desiring the concurrence of 
the Council thereto 

Ordered, that the said Bills be now read 

Then the said Bills were severally read the first time & 

Ordered, to be read y e 2 d time 

Ordered, that the Bill Entitled, An Act further to fortify the City of Albany and Town of 
Schenectade and for raising the sum of four hundred and fifty pounds to defray the Expence 
thereof be now read the third time 

Then the said Bill was read the third time and 

On the Q.uestion being put 

Jirsoltvd, that the said Bill do pass 

Ordered, that the Honble Da 1 Horsmanden Esq r do acquaint the Assembly that the Council 
have passed the said Bill without any amendm 

The Council adjourned till to morrow morning 10 of y e clock 



Wednesday, Nov r 30 A , 1743. 

/ 

The Council met according to adjournment 

PRESENT The llonblc. ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 

HENRY LANE, 

DA HORSMANDEX, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act for the further continuance of An Act Entitled, An 
Act for & towards supporting the Government of this Colony by Granting to his Majesty the 
Duties therein mentioned from the first day of Dec r 1740 to the first day of Dec r 1741 be now 
read y e second time 

Then tiie said Bill was read the second time & committed to the Gentlemen of the Council or 
any three of them 

The Council! resolved themselves into a Comoe to consider of the said Bill 

The Cornittee having.duely weighed and considered of the said Bill and being ready to make 
their report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

104 



826 Journal of the Legislative Council of New York [ listlET 

Then the Honble Daniel Horsmanden Esq r in liis place reported that the Comittee had gone 
through tlie said Bill & had directed him to report the same without any amendm 1 

Which Report on the Question being put was agreed to & approved of 

Ordered, that the said Bill be read a tliird time 

Ordered, that the Bill Entituled, An Act for the better Regulating the Militia be now read a 
second time 

Then the said Bill was read the second time & Committed to the Gentlemen of the Council 
or any five of them 

Ordered, that the Bill Entitled, An Act for regulating Prosecutions by Informations be now 
read a second time 

Then the said Bill was read a second time & 

Ordered to be committed 

Tne Council adjourned till to morrow morning 10 of the clock 



Thursday, Dec r 1 s . 
The Councill met according to adjournment 

PRESENT The Honlle ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 

HENRY LANE, 

DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Onlcrcd, that the Bill Entitled, An Act for the further continuance of An Act Entitled, An 
Act for & towards Supporting the Government of this Colony by Granting to his Majesty the 
Duties therein mentioned from the first day of Dec 1 " 1740 to the first day of Dec r 1741 be now 
read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Ri-wlvctl; that the said Bill do pass 

Ordcnd, that the" Honble Da 1 Horsmanden Esq r do acquaint the General Assembly that the 
Council I ave passed the said Bill without any amendment 

The Memorial & petition of Richard Bradley Esq r his Majesties Attorney General for this 
province was presented to the B ard & Read setting forth That he was informed that the 
General Assembly had passed a Bill for Regulating prosecutions by Information & had sent the 
same to t ne Council for their concurrence That a Bill of the like Nature had been declared void 
by his Majesty in Council. That he conceived according to the Information he had rece d that 
the present Bill would be of prejudice to his Majestyes Interest if passed and therefore praying 
a copy thereof and that he might be heard ag the same before it passed into a Law 

Ordered, that a copy of the said Bill be forthwith delivered to M r Attorney General and that 
he be heard against ihe said Bill to morrow before the Committee 

A Message from the Assembly by M r Haasbmok & M r Thomas with the Bill Entitled, An Act 
to divide the Southern parts of the County of Ulster into precincts, and to Enable the Corporation 
of Kingston and the mannor of Fox Hall to chuse and elect one Supervisor more and for 
regulating the Supervisors and Assessors within the said County Desiring the concurrence of 
the Council thereto 

Ordered, that the said Bill be now read 

Then the s;iid Bill was read the first time & 

Ordered, to be read a second time 

The Council adjourned till to morrow morning 10 of the clock 



1743.] The Hon. George Clinton, Esq: Governor. 827 

Fry day, December 2 d , 1743 
The Council met according to adjournment 

PRESENT The Hon le ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP COKTLANDT, 
HENRY LANE, 
DA HORSJIANDEN, Esq. 

The Speaker assumed the chair 

The Bill Entitled, An Act to divide the southern parts of the County of Ulster into precincts 
and to enable the Corporation of Kingston and the mannor of Fox Hall to chuse and Elect one 
Supervisor more and for regulating the Supervisors and Assessors within the said County was 
read the second time & referred to the Gentlemen of the Council or any five of them 

The Council resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to 
mako their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was refrrred in his place reported that the Committee had gone through the same & directed 
him to report it without any amendm 

Which Report on the Question being put wns agreed to & approved of 

Ordered, that the said Bills be read the third time 

The Counciil resolved themselves into a Committee to consider of the Bill Entituled, An Act 
for regulating prosecutions by Information 

The Committee being informed that his Majesties Attorney General & M r Murray of Council 
with him attended without in order to being heard ag 1 the said Bill 

They were called in & heard ag the said Bill & then withdrew 

The Committee taking into consideration the said Bill & having made some progress therein 
directed the Chairman to move for leave to sit again 

The Speaker resumed the Chair 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the af d Bill was 
referred in his place reported that they had heard Council ag the said Bill and had afterwards 
made some progress therein and that he was directed by the Committee to move for leave to sit 
again 

Ordered, that they have leave accordingly 

His Excellency attended as usual came to the Council Chamber and being there seated sent a 
Message by the Deputy Clerk of the Council to the General Assembly requiring their Immediate 
attendance at the Council Chamber 

The General Assembly attending accordingly with their Speaker 

His Excellency gave his assent to the three following Bills passed this Session viz 

1 An Act for the further continuance of An Act Entitled, An Act for and towards supporting 
the Government of this Colony by granting to his Majesty the Duties therein mentioned from 
the first day of December 1740 to the first day of December 174 L 

2 An Act to let to farm the Excise on Strong Liquors retailed in this Colony from the first of 
Nov r 1743 to the first day of November 1744 

3 An Act further to fortify the City of Albany and Town of Schenegtade and for raising 
the sum of four hundred and fifty pounds to defray the expence thereof 

Then the said Acts were published at the City Hall in the usual manner & his Excellency 
returned to his Residence 

The Council returned to the Council Chamber & 
Adjourned till Tuesday morning Eleven of the clock 



828 Journal of the Legislative Council of New York. [ ^tlS: 

Tuesday, Dtc r 6 *, 1743. 
The Council met according to adjournment 

PRESENT The Honllc ARCHIBALD KENNEDY, Esq, Speaker, 

HENRY LANE, 

DA 1 IIOESMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Cap" Livingston & M r Nicol with the Bill Entitled, 
An Act to prevent Firing the Woods in Suffolk County Dutchess County and Mannor of 
Livingston acquainting the Council that the Assembly had passed the same and desired their 
concurrence therewith 

A Message from the Assembly by Col 1 Chambers and M r Haasbrook with the Bill Entitled, 
An Act for the better clearing and further laying out publiok High Roads in the County of 
Ulster, acquainting the Council that the Assembly had passed the same and desiring their 
Concurrence 

A Message from the Assembly by Col 1 Beekman and M r Tnppen with the Bill Entituled, An 
Act to Enable the Justices of the peace of Dutchess County to build a Court House and Goal 
or to enlarge and repair the old one acquainting the Council that the Assembly had passed the 
same and desiring their Concurrence 

Ordered, that the Said Bills be now read the first time 

Then the said Bills were severally read the first time & 

Ordered to be read a second time 

A Message from the Assembly by M r Joins & M r Abraham Lott with the Bill Entitled, An 
Act for the more speedy Recovery of Legacyes within this Colony acquainting the Council th-it 
the Assembly had passed the same & desiring their Concurrence 

A Message from the Assembly by Col 1 Beekman & M r Tappen with the Bill Entituled, An 
Act for the better Relief of the poor in Dutchess County desiring the Concurrence of the 
Council thereto 

A Message from the Assembly by M r Ludlovv & M r Gale with the Bill Entituled, An Act for 
Lessening the Reward for killing & destroying of Wolves and Panthers in the County of Orange 
desiring the concurrence of the Council thereto 

Ordered, that the said Bills be read the first time 

Then i;he said Bills were read & severally 

Ordered to be read a second time 

A Message from the Assembly by M r Ludlow & M r Gale with the Bill Entituled, An Act to 
Enable the Inhabitants of Goshen in the County of Orange to Elect two additional Constables 
at the places therein mentioned desiring the Concurrence of the Council thereto 

A Message from the Assembly by Col 1 Philipse & M r Renselaer with the Bill Entitled, An 
Act for Limiting the continuance of the General Assemblys of this Colony desiring the concurrence 
of the Council thereto 

A Message from the Assembly by M r Glen & M r Tappen with the Bill Entitled, An Act in 
addition to the Act Entitled, An Act for the better clearing Regulating & further laying out 
publick High Roads in the City & County of Albany desiring the concurrence of the Council 
thereto 

Ordered, that the s d Bills be now read 

Then the said Bills were severally read the first time & 
Ordered to be read the second time 

The Council adjourned till eleven of the clock to morrow morning 



Wednesday, Dec r 7" , 1743. 
The Council met according to adjournment 

PRESENT The HonUe ARCHIBALD KENNEDY, Esq, Speaker, 
JAMES DE LANCEY, 

DA 1 HORSSIANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to prevent Firing the Woods in Suffolk County 
Dutchess County and Mannor of Livingston be now read the 2 d time 
Then the said Bill was read the second time K 
Ordered to be committed 



1743.] The Hon. George Clinton, Esq: Governor. 829 

OrJerf.il, that the Bill Entitled, An Act for the better clearing and further laying out publick 
High Roads in the County of Ulster be now read the second time 

Then the said Bill was read the second time & committed 

Ordered, that the Bill Entitled, An Act to Enable the Justices of the peace in Dutchess 
County to build a Court House and Goal or to Enlarge & repair the old one be now read y e 
second time 

Then the said Bill was read the second time & 

Ordered to be committed 

Ordered, that the Bill Entitled, An Act for the better Relief of the poor in Dutchess County 
be now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed 

Ordered, that the Bill Entitled, An Act for lessening the Reward for killing & destroying of 
Wolves and Panthers in the County of Orange be now read y e 2 d time 

Then the said Bill was read the second time & 

Order nl to be committed 

On/end, that the Bill Entitled, An Act for the more speedy recovery of Legacyes within this 
Colony be now rend the second time 

Then the said Bill was read t!ie second time & 

Ord rcd, to be committed to the Gentlemen of the Council or any five of them 

Ordered, that the Bill Entitled, An Act for Limiting the continuance of the General 
Assembly of this Colony be new read the second time 

Then the said Bill was re;id the second time & 

Ordered, to be committed to the Gentlemen of the Council or any five of them 

Ordered, that th^ Biil E ititled, An Act to Enable the Inhabitants of Goshen in the County 
of Orange to elect two additional Constables at the places therein mentioned be now read the 
second time 

Then the said Bill was road the second time & 

Ordered to be committed 

Ordered, that the Bill Entitled, An Act in addition to the A .:t Intitled, An Act for the better 
clearing regulating & further laying out publick High Roads in the City and County of Albany 
be now read the second time * 

Then the said Biil was read the second time & 

Ordered, to be committed 

The Councill adjourned till to morrow morning 10 of the clock 



Thursday, Dec 8 *, 1743. 
The Council met according to adjournment 

PRESENT The Honbh ARCHIBALD KENNEDY, Esq, Speaker, 
JAMES DE LAXCEY, 

PlIILIP CORTLANDT, 

HENRY LANE, 

DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the following Bills to wit 

A Bill Entitled, An Act to prevent Firing the Woods in Suifolk County, Dutchess County 
and mannor of Livingston 

A Bill Entituled, An Act for the better clearing and further laying out publick High Roads in 
the County of Ulster 

A Bill Entituled, An Act to Enable the Justices of the peace in Dutchess County to build a 
Court House and Goal or to Enlarge and repair the old one 

A Bill Entituled, An Act for the better Relief of the poor in Dutchess County 

A Bill Entituled, Ah Act for lessening the Reward for killing and destroying of Wolves and 
Panthers in the County of Orange 

A Bill Entituleda An Act for Limiting the Continuance of the General Assembly of this 
Colony 

A Bill Entituled, An Act to Enable the Inhabitants of Goshen in the County of Orange to 
elect two additional constables at the places therein mentioned 

A Bill Entitled, An Act in addition to An Act for the better clearing regulating and further 
laying out publick High Roads in the City & County of Albany 

The Committee having duely weighed and considered of the said Bills and being ready to 
make their Report thereon when the Council would be pleased to receive the same 



830 Journal of the Legislative Council of New York [ 2 i 9 d t^-" nT 

The Speaker reassumed the Chair 

Then the Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the s d Bills 
were referred in his place reported that the Committee had gone through all the said Bills and 
had directed him to report them severally without any amend 

Which Report on the Question being put to each of the said Bills was agreed to & approved of 

Ordered, that the said Bills be severally read the third time 

A Message from the Assembly by M r Richard & M r Nicol with a Bill Entitled, An Act for 
the Relief of Insolvent Debtors in the Colony of New York with respect to the Imprisonment 
of their persons desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read the second time 

Then the Council 1 adjourned till to morrow three of the clock in the afternoon 



Fryday, December the 9 *, 1743. 
The Council met according to adjournment 
PRESENT The Honourable, ARCHIBALD KENNEDY, Esq, Speaker, 

PlIILIP CORTLANDT, 

DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Then the Council adjourned till Tuesday morning 10 of the clock 



Tuesday, Dec* 13 *, 1743. 
The Council met according to adjournment 

PRESENT The Hon m ARCHIBALD KENNEDY, Esq r , Speaker, 

PHILIP CORTLANDT, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Bill Entitled, An Act for the Relief of Insolvent Debtors in the Colony of New York 
with respect to the Imprisonment of their persons was read the second time & 
Ordered to be committed 
The Council adjourned till three of the clock in the afternoon 

P Mend 
The Council met according to adjournm* 

PRESENT as before 
And adjourned till Thursday morning 10 of the clock 



Thursday, Dec r 15 A , 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the Bill Entituled, An Act 
for the more speedy Recovery of Legacyes within this Colony 



1743.] The Hon. George Clinton, Esq: Governor. 831 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Then the Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said 
Bill was referred in his place reported that the Committee had gone through the same & had 
directed him to report the said Bill with severall amendments, which he delivered in and the 
same were read 

And the Keport on the Question being put was agreed to and approved of, and the said Bill 
was 

Ordered to be read the third time as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill with the amendm" do pass 

Ordered, that the Honble. Da 1 Horsmanden Esq 1 do carry the said Bill with the amendm" 
made thereto by the Council to the General Assembly and acquaint them that the Council have 
passed the s d Bill with the s d amendm 5 to which they desire their concurrence 

A Message from the General Assembly by M r Stillwell and M r Thomas with the Bill Entituled, 
" An Act to prolong the Currency of Bills of Credit emitted by virtue of An Act entitled, An 
" Act for emitting Bills of Credit for the payment of the Debts and for the better support of 
" the Government of this Colony and other purposes therein mentioned," desiring the concurrence 
of the Council thereto 

Then the said Bill was read the first time & 

Ordered to be read the second time 

The Council resolved themselves into a Committee to consider of the Bill Entitled, An Act 
for the Relief of Insolvent Debtors in the Colony of New York with respect to the Imprisonment 
of their persons 

The Committee having duely weighed and considered of the said Bill and being ready to 
make, their report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Honble Da 1 Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Council had duely weighed and considered of the said 
Bill and had directed him to report the same with severall amendm" which he delivered in and 
the same were read 

And the Report and amendments on the Question being put were agreed to and approved of 
and the said Bill was 

Ordered to be read the third time as amended 

Then the said Bill & amendments were read the third time & 

On the Question being put 

Resolved, that the said Bill with the amendements do pass 

Ord red, that the Honble James De Lancey Esq r do carry the said Bill with the amendm s to 
the General Assembly & .acquaint them that the Council have passed the said Bill with the 
anvMui 15 to which they desire their concurrence 

Ordmd, that the Bill Entitled, An Act to prevent firing the Woods in Suffolk County, Dutchess 
County and Mannor of Livingston be now read the third time 

As also the Bill Entitled, An Act for the better clearing and further laying out publick High 
Roads in the County of Ulster, 

And the Bill Entitled, An Act to Enable the Justices of the peace in Dutchess County to 
build a Court House and Goal or to Enlarge & repair the old one 

And the Bill Entitled, An Act for the better relief of the poor in Dutchess County 

Then the said Bills were read the third time & 

On the Question being severally put 

ll solccd, that each of the said Bills do pass. 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bills without any amendm 

Ordered, that the Bill Entitled, An Act for lessening the Reward for killing and destroying of 
Wolves and Panthers in the County of Orange, and the Bill Entitled, An Act to Enable the 
Inhabitants of Goshen in the County of Orange to elect two additional Constables at the places 
therein mentioned. And also the Bill Entitled, An Act in addition to An Act Entitled, An Act 
for the better clearing regulating and further laying out publick High Roads in the City and the 
County of Albany be now severally read the third time 

Then the s d Bills were read the third time and 

On the Question being severally put 

Resold d, that each of the said Bills do pass 

Ordered, that the Ilonble Philip Cortlandt Esq r do acquaint the General Assembly have passed 
the said Bills without any amendment 

The Council adjourned till three of the clock in the afternoon 



8B2 Journal of the Legislative Council of New York. [ ^ s"; 

Post Merid 
The Council met according to adjournment 

PRESENT as before 

The Speaker assumed the Chair 

The Honble James De Lancey Esq r moved that the Council do now resolve themselves into 
a Comittee further to consider of the Bill Entitled, An Act for regulating Prosecutions on 
Informations 

The Council taking into consideration the said motion 

Ordcrfd, that as the season of the year is so far advanced and the present Sessions draws near 
to a conclusion that the said Bill do lye upon the table. And further 

Ordered, that the Judges of the Supreme Court do prepare a Draught of a Bill for regulating 
Prosecutions by Informations and lay the same before the Council at their next meeting 

Ordered, that the Bill Entitled, An Act for Limiting the continuance of the General Assemblies 
of this Colony be now read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble James De Lancey do acquaint the General Assembly that the 
Council have passed the said Bill without any amendment 

A Message from the Assembly by M r Jones & M r Livingston desiring the Council to acquaint 
that House what progress or proceedings they have made upon the Bill entitled, An Act for 
regulating Prosecutions on Informations pursuant to their message of the 15 th Dec r 

The Messengers were told that an answer should be sent by one of the Council & withdrew. 

Ordered, that the Honble James De Lancey Esq r do carry to the General Assembly a copy of 
the Minutes of the proceedings of the Council on that Bill 

A Message from the General Assembly by M r LeCount and M r Cornell with the Bill Entitled, 
An Act for payment of the salaryes services and contingencies therein mentioned untill the first of 
September one thousand seven hundred and fourty four out of the Fonds appropriated for the 
support of t-his Government desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read the second time 

A Message from the General Assembly by M r Richnrd and M r Kicoll with the Bill Entitled, 
An Act for the Relief of Insolvent Debtors in the Colony ot New York with respect to the 
Imprisonment of their persons, and the atnendm" made by the Council thereto & acquainting 
them that the Assembly agrees to the said amendni" and desires tlie Council to amend the Bill 
accordingly 

Then the said Bill was accordingly amended & ivad 

A Message from the General! Assembly by M r Jones and M r Abraham Lott with the Bill 
Entitled, An Act for the more speedy Recovery of Legacies within this Colony and the 
amendments made thereto by the Council & acquainting them that that House has agreed to 
the s d amendments & desire the Council to amend the Bill accordingly 

Then the said Bill was amended accordingly & Rend 

The Council resolved themselves into a Comittee to consider of the Bill Entituled, An Act 
for the better regulating of the Militia 

The Committee having duely weighed and considered of the said Bill and being agreed on the 
Report by them to be made thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Honourable Daniel Horsmanden Esq r Chairman of the Committee to whom the said 
Bill was referred in his place reported that the Committee had gone through the said Bill and had 
directed him to report the same with several amendments which he delivered in and were read 

And the Report on the Question being put was agreed to and approved of. And the said Bill 
was 

Ordered to be read the third time as amended 

The Councill adjourned till to morrow morning ten of y e clock 



1743.J The Hon. George Clinton, Esq: Governor. 833 

Fryday, Dec r 16 *, 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to divide the southern part of the County of Ulster 
into Precincts and to Enable the Corporation of Kingston and the Mannor of Fox Hall to chuse 
& elect one Supervisor more and for regulating the Supervisors and Assessors within the said 
County be now read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Rcsoh-ed, that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without any amendm 

Ordered, that the Bill Entitled, An Act to prolong the Currency of Bills of Credit emitted by 
virtue of An Act Entitled, An Act for Emitting Bills of Credit for the payment of the Debts 
and for the better support of the Government of this Colony and other the purposes therein 
mentioned 

And also the Bill Entitled, An Act for payment of the salaries services and contingencies therein 
mentioned untill the first of September 1 744 out of the Fonds appropriated for the support of this 
Government, be now read y e second time 

Then the said Bills were severally read the second time & committed 

The Council resolved themselves into a Committee to consider of the said Bills 

The Committee having duely weighed & considered of the said Bills and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

The Honble Da 1 Horsmanden Chairman of the Committee to whom the said Bills were 
referred in his place reported that the Council had duely weighed and considered of the said 
Bills and had directed him to report each of them without any amendm 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that each of the said Bills be read the third time 

Ordered, that the Bill Entitled, An Act for the better regulating the Militia be now read the 
third time as amended 

Then the said Bill was read the third time as amended & 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble Da 1 Horsmanden Esq r do carry the said Bill with the amendments 
to the General Assembly & acquaint them that the Council have passed the s d Bill with those 
amendm 8 to which they desire y e concurrence of the General Assembly 

Amendments made by the Council to the Bill Entituled, An Act for the better regulating the 

Militia 

Amen 1. Page 3. Strike out the last Line & the twelve first Lines of Page 4. 

2. " 5. Line 14 after the word (be) add the words (a freeholder) 

3. " 15. Li : 1 st after the word (surgeons) add the words (Millers, Ferrymen and 

persons employed in Furnaces for making of Iron 

4. " 16. Line 20, after the word (City) add the words (Ministers of the Gospel 

Doctors of Physick & Surgeons only Except^d) 

5. " 17. Line 6 After the word (aforesaid) add " Provided alwayes that nothing in 

" this Act shall Extend or be construed to Extend to the members of his 
" Majesties Council, the Clerk of the Council or his Deputy or their 
l< Domestick servants, anything in this Act contained to the contrary 
" notwithstanding 

G. the last Line 1:3 after the words (New York) strike out the rest of that Line 
and the whole 14 & 1-5 Lines & instead thereof incert the words 
(And there should not be a sufficient Quantity of Gunpowder 
belonging to the Government for the use and defence of the 
Fortifications). 



105 



834 Journal of the Legislative Council of New York. [^ ^; 

Amen 7. the last Line 16 after the word (shall) Insert the words (By order of the 

Governour or Commander in Chief for the Time being or in case of 
his absence from the said City By order of the Lieutenant Governour 
if present or in his absence By order of the members of his M;ijestyes 
Council then residing there 

8. " Line 17 Strike out y e word (unhnppy) 

9. " Line IS Strike out y e word (might) & instead thereof insert (may) 

10. " 19 Strike out y e word (might & instead thereof insert y e word (shall 
11. " 20 Strike out y e word (discharge) & instead thereof insert y e words 

(pay for) 
The Council adjourned till three of the clock in the afternoon 

Post Merid 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

HENRY LANE, 

DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Col 1 Moore & Col 1 Philippe to acquaint the Council 
that that House agrees to all the Amendments made to the Bill Entituled, An Act for the 
better Regulating the Militia Except the fourth & fifth and bringing up the said Bill with the 
Amend m" 

The Messengers withdrew 

Then the said Amendments were read 

Resolved, that the Council do adhere to their Amendments 

Ordered, that the Honble Henry Lane Esq r do carry the Bill Entituled, An Act for the better 
regulating the Militia with the amendments thereto irfade by the Council to the General 
Assembly and acquaint them that the Council do adhere to their amendments 

The Honble Henry Lane Esq r went with the s d message & being returned 

A Message from the General Assembly by Col 1 Moore and M r Jones to acquaint the Council 
That that House cannot agree to the said fourth and fifth Amendments to the Bill Enti led, 
An Act for the better regulating the Militia and therefore desire a conference upon the Subject 
matter thereof and that they would appoint a Committee of the Council and a Time & place 
to meet a Committee of the Assembly lor that purpose 

The Messengers withdrew 

Resolved, that the Honble James De Lancey & Daniel Horsmanden Esq rs be managers to 
confer with a Committee of the General Assembly on the subject matter of the fourth and 
fifth Amendments And that the said Conference be Immediately in the Court House in the City 
Hall 

Ordered, that the Honble James De Lancey Esq r do acquaint the General Assembly 
therewith 

The Council adjourned during pleasure 

The Speaker resumed the Chair 

The Honble James De Lancey E. s q r reported to the Council that the Honble Daniel 
Horsmanden Esq r & himself had met M r Jones, Col 1 Philipse, M r Richard & Col 1 Moore 
managers for the General Assembly at y e conference And that the said Managers had delivered 
to them the Reasons in writing why they could not agree to the fourth & fifth Amendments to 
the Bill Entitled, An Act for y e better regulating } ;C Militia which Reasons he delivered in to 
the Council & the same were read and are as follow: 

Assembly Chamber Dec r 10. 1743 

"REASONS to be offered by the Committee of this House to the Committee of the Council 
" upon the Subject matter of their fourth & fifth Amendrn to the Bill Intituled, An Act for 
" the better regulating the Militia why this House cannot agree to the said two Amendments 

"As to thcfoi/r/h 

"For that we do not find that in any of the Militia Acts which have been pnssed by the 
" Lieut Governour the Council and the General! Assembly such exception has been mule in 
"behalf of the City of New York and therefore we conceive the present Legislature ought to 
" make no such exception 

As lo the Fiji it 

"For that we do not find that such Exceptions have been made in any of th 1 Acts above 
"mentioned but that on the Contrary in Ai Act passed in the year 1741 the same provision 



1743.] The Hon. George Clinton, Esq: Governor. 835 

" was made as in the present Bill anc] therefore are of opinion that the said Legislature ought 
" to acquiesce with the present Bill in the Case mentioned in the said Ainendmpnt 

Ordered, that the Honble James De L-incey & Daniel Horsmanden Esq" do prepare a 
Draught of the Reasons of the Council to be offered in support of the aforementioned fourth & 
fifth amendm ts against to morrow morning 

The Council adjourned till to morrow morning nine of the clock 



Saturday, Dec T 17" , 1743. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

HEXRY LANE, 

DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

The Honble James De Lanrey Esq r laid before the Council a Draught of the Reasons to be 
offered in support of the fourth and fifth amendments made by the Council to the Bill Entitled, 
An Act for the better regulating the Militia which having been read were approved of and 
ordered to be given at y e Conference to be held for that purpose 

Ordered, th;tt the Honble James DJ Lancey & Da 1 Horsmanden Esq" be managers for the 
Council at that Conference 

Ordered, that the H6;ible Henry Lane Esq r do go to the General Assembly and acquaint them 
that the Council desire a present conference at the Court House in the City Hall on the subject 
matter of the last Conference and have appointed the Honble James De Lancey and Daniel 
Horsmanden Esq" to be managers for the Council at that Conference 

REASONS to be offered by the Honble James De Lancey & Daniel Horsmanden Esq" Managers 
appointed in behalf of the Council to the Committee of the Assembly-jot a Conference upon the 
subject matter of the last Conference in support of the Councils fourth & fifth amendments 
to the Bill Entituled, An Act for the Better regulating the- Militia 



o 



The fourth amendment is in the clause whereby all persons residing in the City of New York 
shall be and are obliged upon due warning to watch in their respective Turns under the like 
Fines as are inflicted on inlisted persons 

The amendment of the Council is That Ministers of the Gospell, Doctors of Physick & 
Surgeons only shall be exempted 

The Reason of the Assembly against y amendrn* is " For that they do not find in any of the 
" Militia Acts which have been passed by the, Lieut 1 G ivernour the Council and the General 
" Assembly such Exception has been made in behalf of the City of New York and therefore 
" conceive that the present Legislature ought to make no such Exception 

To which the Council answer 

1 st That if the amendment be in itself reasonable it s having been omitted in any Act passed 
by the Lieut 1 Governour, the Council & Assembly can be no good cause for it s being left out of 
this Bill 

giiiv With respect to Ministers of the Gospel who are the persons first exempted by the 
Amendment There has and ought alwayes to be a Regard paid to their character & calling and 
by the Laws of all Civilized Nations they have been exempted from such like Dut.yes, That upon 
the Regard s lewn them by persons of Distinction more especially by the branches of the 
Legislature much of the Respect due to them from the people under their care may depend But 
if any part of y c Legislature should neglect them it can:iot be known how much that may lessen 
them in the minds of the people and how much this may tend to the prejudice of Religion in 
General 

And Lastly in the clause proceeding this the Council find that Ministers of the Gospell, 
Doctors of Physick & Surgeons are by the Assembly themselves Excepted in the City and 
County of Albany and we an; much at a loss to conceive what good reason can be given why the 
same Indulgence should nr/t be shewn to the Ministers of the Gospell in New York. That the 
Council know no cause why such invidious distincti in should be made between the Ministers of 
the Gospel of the City & County of Albany and the City of New York so as to exempt the 
former from Military Watch and subject the latter thereto 

With respect to Doctors & Surgeons the other persons exempted by the Amendment, as the 
Assembly themselves have thought it reasonable in the same proceeding Clause to exempt 
persons of those professions in the City and County of Albany So we conceive it alike 



836 Journal of the Legislative Council of New York, 



23d Asscm. 
. 1st ticfls n. 



reasonable that those of the same profession in the City of New York should be also exempted 
as we do not see any difference in the two Cases. 

As to the fifth Amendment 

The Amendment of the Council is as follows 

" Provided alwayes that nothing in this Act shall Extend or be construed to Extend to the 
" members of his Majesties Council, the Clerk of the Council or his Deputy or their Domestick 
" Servants any thing in this Act contained to the Contrary notwithstanding 

The Reason of the Assembly against the Amendment is 

" For that they do not find that such exceptions have been made in any of the Acts above 
" mentioned but that on the Contrary in An Act passed in the year 1741 the same provision 
"was made as in the present Bill And therefore are of Opinion that the said Legislature ought 
" to acquiesce in y e present Bill in the Case mentioned in the said Amendm 

In support of their Amendment the Council first say 

They suppose the Assembly must be under some mistake, For that the Council (not 
relying. altogether on their memories) have caused search to be made in the Secretaryes office 
and do find That in An Act to continue An Act Entitled, An Act to Regulate the Militia of 
this Colony with a further addition thereto passed by the Lieut 1 Governor the Council & 
General Assembly to which the Lieut Governour assented the 27 th of Nov r 1741 The 
Gentlemen of his Majestyes Council and the Clerk of the Council are expresly excepted by two 
clauses in page the 2 d 

2 dly And the Council also find that the same exemption hath been further approved by the 
Lieut 1 Governor the Council & Assembly by An Act passed the 29 th October 1742 

And altho the Assembly do say That they conceive the present Legislature ought to make no 
such exception And that they are of opinion the said Legislature ought to acquiesce with y e 
present Bill, the Council do not presume to say that the Assembly ought to agree to their 
Amendments much less that the Legislature ought lest such a manner of Expression should 
seem to prescribe to the other Branches of the Legislature & derogate from that Independency 
which ought to be preserved Entire But as the Council do not at present think it necessary to 
descend into other Reasons which naturally occur upon this Occasion they hope what has 
been already offered will be sufficient to Induce the Assembly to agree to their Amendm ts 

Ordered, that the Bill Entitled, An Act to prolong the Currency of Bills of Credit Emitted 
by Virtue of An Act Entitled, An Act for Emitting Bills of Credit for the payment of the Debts 
and for the better Support of the Government of this Colony and other the purposes therein 
mentioned be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered that the Bill Entitled, An Act for paym of the Salaries, Services and Contingencies 
therein mentioned untill the first of Sepf 1744 out of y e Fonds appropriated for the Support 
of this Government be now read the third time 

Then the said Bill was read the time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bills without any amendment 

The Council adjourned during pleasure 

The Speaker resumed the Chair 

The Honble James De Lancey Esq r reported that the Honble Daniel Horsmanden Esq r & 
himself had met Col 1 Moore, M r Richard, M r Van Home & M r Jones Managers for the General 
Assembly at a Conference & had delivered them the Reasons of the Council in support of the 
fourth & fifth Amendments made to the Bill Entitled, An Act for the better regulating the 
Militia 

A Message from the Assembly by Col 1 Moore & M r Richard acquainting them that the 
Reasons given by the Council in support of their fourth & fifth Amendments to the Bill Entitled, 
An Act for the better regulating the Militia are not satisfactory to that House and therefore 
desiring a free conference on the subject matter of the said Amendments and that they would 
be pleased to appoint a Time & place for that purpose 

Resolved, that the Conference desired be immediately in the Court House in the City Hall 
and that the Honble James De Lancey & Dan 1 Horsmanden Esq" be Managers for the Council 
at that Conference 

Ordered, that the Honble Henry Line Esq r do acquaint the General Assembly therewith 

Then the Council adjourned during pleasure 

The Speaker resumed the Chair 

The Honble James De Lancey Esq r reported to the Council that M r Horsmanden & himself 
had met the General Assembly at a free conference and were of opinion that the Reasons given 
by the Council in Support of their fourth & fifth amendments remain unanswered 

Resolved unanimously, that the Council do adhere to their s d amendments 



1743.] The Hon. George Clinton, Esq: Governor, 837 

Ordered, that the Honble Daniel Horsmanclen Esq r do acquaint the General Assembly 
therewith 

A Message from the General Assembly by Col 1 Moore & M r Richard to acquaint the Council 
that that House agrees to all the amendments made by the Council to the Bill Entitled, An Act 
for the better regulating the Militia and desiring that the said Bill may be amended accordingly 

Then the said Bill was amended & read 

The Council adjourned till 3 of the clock in the afternoon 

Post Merid 
The Council met according to adjournm* 

PRESENT as before 

The Speaker assumed the Chair 

His Excellency the Gov r being come to the Council Chamber sent a Message by the Depftty 
Clerck of the Council to the General Assembly requiring their Immediate attendance in the 
Council Chamber 

The Assembly attending accordingly with their Speaker 
1 His Excellency then gave his assent to the fourteen Bills following 

1 An Act for payment of the salaries services and contingencies therein mentioned until the 
first of September 1744 out of the Fonds appropriated for the support of this Government 

2 An Act to prolong the Currency of Bills of Credit emitted by virtue of An Act Entitled, 
An Act for emitting Bills of Credit for the payment of the Debts and for the better support of 
the Governm 1 of this Colony and other purposes therein mentioned 

3 An Act for limiting the continuance of the General Assemblies of this Colony 

4 An Act for the better regulating the Militia 

5 An Act for the more speedy recovery of Legacies within this Colony 

G An Act for the Relief of Insolvent Debtors in the Colony of New York with respect to y e 
Imprisonment of their persons 

7 An Act to prevent firing the Woods in Suffolk County Dutchess County and Manner of 
Livingston 

S An Act to divide the Southern part of the County of Ulster into precincts and to enable 
the Corporation of Kingston and Manner of Fox Hall to chuse and Elect one Supervisor more 
and for regulating the Supervisors and Assessors within the said County 

9 An Act to enable the Inhabitants of Gosheu in the County of Orange to elect two additional 
Constables at the places therein mentioned 

10 An Act for the better clearing and further laying out publick Highwayes in the County 
of Ulster 

11 An Act for the better relief of the poor in Dutchess County 

12 An Act for lessening the Reward for killing and destroying of "Wolves and Panthers in 
the County of Orange 

13 An Act to Enable the Justices of the peace in Dutchess County to build a Court House 
& Goal or to Enlarge and repair the old one 

14 An Act in addition to An Act for the better clearing regulating & further laying out 
publick High Roads in the City and County of Albany 

After which the said Acts were published as usual and his Excellency directed the Assembly 
to adjourn to the third Tuesday in April next & return d to his House 
The Speaker resumed the Chair 
The Council adjourned to the third Tuesday in April next 



838 Journal of the Legislative Council of New York. 

TWENTY-THIRD ASSEMBLY SECOND SESSION. 



A.t a Session of the Council and General Assembly began at the City Hall, in the 
City of New York, on Tuesday, the 11 th day of April, 1744. 

The General Assembly being adjourned to this day 
The Council met at the Council Chamber 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LAXCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEX, Esq. 

The Speaker assumed the Chair 

His Excellency the Honble George Clinton Esq r being come to the Council Chamber 

Tne Honble Philip Livingston Esq r one of the members of his Majestye^ Council for this 
province took the oaths appointed to be taken instead of the oaths of Allegiance & Supremacy 
and took & subscribed the Test and also took the oath of a privy Councillor and then took his 
place in the Council 

His Excellency sent a Message by the Deputy Clerk of the Council to the General Assembly 
requiring their Immediate attendance in the Council Chamber 

The Assembly attending accordingly with their Speaker 

His Excellency made a Speech to the Council te General Assembly and delivered one copy 
thereof to the Speaker of the C.uincil and another to the Speaker of the General Assembly 

His Excellency left the Council Chamber 

The Speaker resumed the Cnair 

Ordered, that his Excellencyes Speech be read. Which being read it was 

Ordered, to be Entred in the Minutes and is as followeth 

Gentlemen, 

As the season of the year did not permit you to provide for all those things recommended to yon 
in my Speech at the opening of the last meeting particularly as to y e supplying the Magazines 
of the respective Garrisons with Gun powder, the rebuilding the House in the Fort and the 
appointing Agents for the Colony at the Court of Great Britain, I therefore recommend them 
to your consideration ; not doubting but they will have their due weight in your deliberations 

I have received two Letters from M r Stone, Secretary to the Lords Justices, wiih their 
Excellency s directions that I should Employ the most Effectual means, for putting this Colony 
into the best posture of Defence that shall be possible, and to be constantly upon my guard 
against any surprize from any Quarter whatsoever : And by a ship lately arrived here, advice has 
been brought that y e French had been preparing to make an Invasion on his Majestys Kingdoms 
in favour of a popish pretender, and that there has been an Engagem in the Mediterranean 
between part or his Majesty s Fleet under the command of Admiral Mathews and the combined 
Fleets of Spain arid France which events may probably bring on a French Warr : And therefore 
it behoves us to put ourselves in such a condition, that we may be able to repell the Attempts 
which may be made upon any part of this Country and in order to do that it will be proper to 
consider what may be wanting to compleat the Fortifications in this City, and the County of 
Albany, that those Frontier places may not be exposed to the Insults of an Enemy 

Gentlemen, 

You cannot but be sensible of y e great Importance of Oswego not only for carrying on an 
advantageous Trade with the remote Indians but also for preserving the Six Nations in their 
Fidelity & keeping them steady to the British Interest ; therefore I persuade myself you will 
do whatever shall be necessary for the additional strength of that place, and make a provision 
for carrying up the Cannon and a supply of Gunpowder early this Spring to that and the other 
out Garrisons 

The ill consequences I apprehend to the whole province if that Garrison of Oswego should 
fall into the Enemy s Hands induced me for it s support to order some persons to be sent thither 
to reside there this last winter. I expect you will provide for that Expence, and for the support 
of such an additional number of men, as may be found needful to send thither 

It has been represented to me that the Allowance made to the Commissioners for Indian 
Affairs, is not sufficient to defray the necessary disbursements which that service will require, 



1744.] The Hon. George Clinton, Esq: Governor. 839 

Especially in case of War with y e French I must therefore recommend it to you to make such 
farther addition as the nature of that service does demand 

By the Accounts received from y e West Indies, the small pox rages in several of the Islands 
there; I have taken all the precautions in my power to guard against its being brought in 
hither, and I think it would be expedient to pass a L-iw as soon as may be to prevent the 
bringing in that or any other infectious Distemper with such penalties as will render it effectual 
for that purpose 

Gentlemen, 

These things which I have recommended to you are such as concern the Honour the Interest 
and safety of this province and if there be any other which can contribute to the welfare of the 
people under my Government I shall chearfully concur in every measure that can promote an 
end I have so much at Heart 

G CLINTON 

Ordered, that his Excellency s Speech be forthwith printed 
The Council! adjourned till Fryday morning 10 of y e clock 



Fry day, April 20 * 1744. 
The Council met according to adjournm* 
PRESENT The Honble ARCHIBALD KENNEDY, Esq r , 

PlIILIP CORTLANDT, 

HENRY LANE, Esq rs , 

The Speaker assumed the Chair 

Then the Council! adjourned till Tuesday morning 11 



Tuesday, April 24" , 1744. 
The Council met according to adjournment 
PRESENT The HonUc CADWALLADER GOLDEN, Esq r , Speaker, 

\ 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Jones & M r Livingston to desire the Council to 
acquaint that House what progress or proceedings they have made upon the Bill Entitled, An 
Act for regulating Prosecutions on Informations pursuant to their Message on the 15 th Dec r last 

The Ilonble James De Laneey Esq r moved to address his Excellency thanking him for his 
Speech Expressing their abhorrence of the b ise designs of his Majestye s Enemyes to invade his 
Kingdoms in favour of a popish pretender Declaring how sensible they are of the Happiness we 
Enjoy under his Mujestie s Reign and that our religious and civil Rights do next under God 
depend on the protestant succession in his illustrious House assuring his Excellency that they 
will chearfully concur in every measure for the security an;l welfare of the province which they 
are satisfyed his Excellency has sincerely at Heart 

Resulted ncmlne coninnliccnle. that an humble Address be presented to his Excellency accordingly 

Ordered, that the Ilonble Philip Livingston Esq r do go to the Generall Assembly and acquaint 
them with the above resolution and that the Council desire to know if that honble Huuse will 
join \vith them therein 

i\ Mt ssnge from the General Assembly by M r Kicol and M r Verplanck to acquaint 
the Council that that House will readily and chearlnlly Join with the Gentlemen of the Council 
in an Address to his Excellency upon the subject matters mentioned in their Message of this day 
and that if they please to appoint a Committee of their Honourable House the Assembly will 
appoint another to meet them at such time and place as they shall think fit in order to prepare 
the Draught of such an Address accordingly 



840 Journal of the Legislative Council of New York. [ 



2 f d 



Ordered, that the Honble Cadwallader Golden, Philip Livingston, James De Lancey & Da 1 
Horsmanden Esq rs be a Committee of the Council to meet a Committee of the General Assembly 
on the subject matter of their last Message and that they meet at the House of Edward Willet 
at 7 of the clock this Evening 

Ordered, that the Honble Archibald Kennedy Esq r do acquaint the General Assembly 
therewith 

The Council adjourned till to morrow morning 10 of y e clock 



Wednesday, April 25 th , 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADEE GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARcn d KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA 1 HORSMANDEN, Esq rs . 

The Speaker assumed the Chair 

The Honble James De Lancey Esq r reported from the Committee appointed yesterday to meet 
a Committee of the General Assembly in order to prepare a Draught of an Address to his 
Excellency that the two Committees had met accordingly and agreed upon y e s d Address which 
he delivered in at the Table where the same was read and approved of 

Ordered, that the Honble James De Lancey Esq r do acquaint the General Assembly that the 
Council do approve of the Draught of an Address to his Excellency prepared by the Joint 
Committees 

A Message from the General Assembly by Col 1 Morris & M r Jones to acquaint the Council 
that that House have agreed to and approved of the Draught of an Address to his Excellency 
prepared by the Joint Committees of both Houses and that when the same is Engrossed and 
signed by the members of the Council the members of the General Assembly will be ready to 
sign the same likewise 

Ordered, that the said Address be Engrossed 

Which being done the same was signed by the seven Gentlemen of the Council present 

And which Address is in y e words following 

To His Excellency The Honble GEORGE CLINTON Esq r Captain General and Governor in Chief in 
and over the province of New York and the Territories thereon depending in America and 
Vice Admiral of the same 

The Humble ADDRESS of the Council and General Assembly of the Colony of New 
York 

May it please your Excellency 

We his Majestyes most dutiful and Loyal Subjects the Members of the Council and of the 
General Assembly of the Colony of New York beg leave to return our thanks for your 
Excellencye s Speech 

It is Sir with the utmost detestation and abhorrence that we reflect upon the base designs of 
his Majesties Enemys to invade his Kingdoms and excite Revolts & disturbances amongst his 
Subjects in favour of a popish pretender to his Majesties Dominions 

We are truly sensible of the Happiness we enjoy under his Majesty s auspicious Reign and 
that the preservation of our Religious arid Civil Rights does next under God depend on the 
protestant Succession in his Royal & Illustrious House 

And we beg leave further to assure your Excellency that the Several important matters you 
have been pleased to recommend to us shall have their due weight in our deliberations and that 
we will with the utmost zeal & chearfulness concur in every measure conducive to the security 
and welfare of the Colony which we are truly satisfy d your Excellency has sincerely at Heart 

Ordered, that the Honble Daniel Horsmanden Esq r do carry the said Engrossed Address signed 
by the Council to the General Assembly and desire that House to sign it likewise and also 
acquaint them that the Council have appointed the Honble James De Lancey Esq r to wait on 
his Excellency with such members as that House shall appoint to know his pleasure when he 
will be attended with the said Address. 



1744.] The Hon. George Clinton, Esq: Governor. 841 

The Honble James De Lancey Esq r reported that himself with Col 1 Morris & Col 1 Philipse 
from the General Assembly had waited on his Exc y according to the above order and that his 
Exc y was pleased to appoint to morrow morning ten of the clock 

Then the Council adjourned till to morrow morning 10 of y e clock 



Thursday, April 26 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker 

PHILIP LIVINGSTON, 
Aufii 1 KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

HENRY LANK, 

DA 1 IIORSMANDEN, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned to Join the General Assembly in order to present the Address of 
both Houses to his Excellency and the Council being returned 

The Speaker resumed the Chair and reported that the said Address was read & presented by 
him to his Excellency and that he had been pleased to receive it very kindly and to make y e 
following answer thereto 






Gentlemen of the Council and of the General Assembly 
"I return you my Thanks for this address Your Expressions of Loyalty and Zeal for his 

" M-vjesty and his Illustrious House are very gratefull to me and cannot fail of recommending 

" you to his Majesty s Favour 

Ordered, that the Address and Answer be forthwith printed 

Then the Council adjourned till Wednesday morning next ten of the clock 



Wednesday, May 2* 1744. 
The Council met according to adjournment 

PRESENT as before 
And adjourned till Fry clay morning 10 of the clock 

Fsyday, May 4 ", 1744. 
The Councill met according to adjournment 

PRESENT The ILonblc ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 

DA 1 HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Honble James De Lancey Esq r according to the order of Council of y e 15 th of Dec r last 
presented to the Council a Bill Entitled, An Act to regulate Prosecutions by Information in the 
Supreme Court of this province which was read the first time and 

Ordered a second Reading 

A Message from the General Assembly by M r Nicol and M r Picrson with the Bill entitled, 
An Act for the punctual payment of the County Rates in Suffolk County and for the more 
effectual recovering of the Arrearages thereof desiring y c Concurrence of the Council 

Then the said Bill was read the first time & 

Ordered to be read a second time 

The Council adjourned till Tuesday morning 10 of y e clock 

106 



23d Appom. 
d Seee n. 



842 Joivnial of the Legislative Council of New York. 

Tuesday, May 8 ", 1744. 
The Councill met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to regulate Prosecutions by Informations in the 
Supreme Court of this province be now read the second time 

Then the said Bill was read y e 2 d time & 

Ordered to be Committed to the Gentlemen of the Council or any five of them 

Ordered, that the Bill Entitled, An Act for the punctual payment of the County Rates in 
Suffolk County and for the more effectual recovering of the arrearages thereof be now read the 
2 d time 

Then the said Bill was read y e 2 d time and 

Ordered to be Committed to the Gentlemen of the Council or any five of them 

Then the Council resolved themselves into a Committee to consider of the said Bills 

The Committee having duely weighed and considered of the said Bills and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

The Honble Dan 1 Horsmanden Esq r Chairman of the Committee to whom the said Bills were 
referred in his place reported that the Committee had gone through the said Bills and had 
directed him to report them without any amendtn* 

Which Report on the Question being put was agreed to & approved of and 

Ordered, that the Bill Entitled, An Act to regulate Prosecutions, by Informations in the 
Supreme Court of this province be Engrossed and 

Ordered, that the Bill Entituled, An Act for the punctual payment of the County Rates in 
Suffolk County and for the more effectual recovering of the Arrearages thereof be read the 
third time 

Then the Council adjourned till to morrow morning ] 1 of the clock 



Wednesday, May 9 A , 1744. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act for the punctual payment of the County Rates in 
Suffolk County and for the more effectual recovering of the arrearages thereof be now read the 
third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Henry Lane Esq r do acquaint the General Assembly that the Council 
Lave passed the s d Bill without any amendment 

A Message from the General Assembly by M r Richard & Cap" Van Horn with the Bill Entitled, 
An Act to Impower the sworn repackers of the City of New York for the time being to Repack 
& Brand half Barrels of Beef and Pork desiring the concurrence of the Council thereto 

Then the said Bill was read the first time & 

Ordered, to be read the second time 

Then the Council adjourned till Fryday morning 10 of y e clock 



1744.] The Hon. George Clinton, Esq: Governor. 843 

Fnjday, May 11 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

The Bill Entitled, An Act to Impower the sworn Repacker of the City of New York for the 
time being to repack & brand half Barrels of Beef & pork was read the second time & 

Ordered, to be comitted 

The Council resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed & considered of the said Biil & being agreed on the 
Report by them to be made when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Then the Honble Da 1 Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through the same & had directed 
him to report y e s d Bill without any amendrn 

Which Report on the Question being put was agreed to and approved of. And the said Bill 
was 

Ordered to be read the third time 

Ordered, that the Engrossed Bill Entitled, An Act to regulate Prosecutions by Information in 
the Supreme Court of this province be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Dan 1 Horsmanden Esq r do carry the said Bill to the General Assembly 
and desire their concurrence thereto 

The Council adjourned till Wednesday morning next 10 of the clock 



Wednesday, May 16 *, 1744. 
The Council met according to adjournm 

PRESENT The Honble ARCHIIULD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN. 

The Speaker assumed the Chair 

A Message from the General Assembly by Col 1 Schuyler & M r Nicol with the Bill Entitled, 
An Act for repairing & compleating the Fortifications of this Colony for defraying the charge of 
y e several Services therein mentioned for the use & security of the said Colony and for building . 
a new House proper for the Residence of Governors for the time being desireing the concurrence 
of the Council thereto 

Then the said Biil was rend the first time & 

Ordered to be read a second time 

A Message from the General Assembly by Col 1 Beekman & M r Ludlow with the Bill Entitled, 
An Act to Explain part of An Act entitled, An Act for the better clearing regulating and further 
laying out Publick Highways in Kings County, Queens County, Richmond County and Orange 
County desiring the concurrence of the Council thereto 

Then the said Bill was read the first time & 

Ordered to be read a second time 

Ordered, that the Bill Entitled, An Act to Impower the sworn Repacker of the City of New 
York for the time being to repack & Brand Half Barrels of Beef & Pork be now read y third 
time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that this Bill do pass 



844 Journal of the Legislative Council of Neio York. [ 2M Afs 



2d Sees n. 



Ordered, that the Honble Da 1 Horsmanden Esq r do acquaint the Generall Assembly that the 
Council have passed the said Bill without any amendment; 

The Council adjourned till to morrow morning 10 of the clock 



Thursday, May IT", 1744. 
The Council met according to adjournm 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
HENRY LANE, 
DA HORSMANDEN, Esq. 

The Speaker assumed the Chair 

The Bill Entitled, An Act for repairing & compleating the Fortifications of this Colony for 
defraying the Charge of the several services therein mentioned for the use & security of the 
said Colony & for building a new House proper for y e residence of Governours for the time 
being desiring the concurrence of the Council thereto was read the second time & committed to 
the Gentlemen of the Council or any five of them 

The Bill Entitled, An Act to Explain part of An Act Entitled, An Act for the better clearing 
regulating & further laying out publick High Wayes in Kings County, Queens County, Richmond 
County & Orange County was read y 6 second time & committed to the Gentlemen of the Council 
or any five of them 

The Council resolved themselves into a Committee to consider of the said Bills 

The Council having duely weighed & considered of the said Bills & being ready to make their 
Eeport thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

The Honble Da 1 Horsmanden Esq r Chairman of the Committee to whom the s u Bills were 
referred in his place reported that the Council had gone through y e same & had directed him 
to report them without any amendment 

Which Report on the Question being put was agreed to & approved of. And the said Bills 
were 

Ordered to be road y e third time 

The Council adjourned till to morrow morning 10 of y e clock 



Fry day, May 18" , 1744. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

HENRY LANE, 

DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col 1 Morris and M r Thomas with the Bill Entitled, 
An Act to alter part of An Act Intitled, An Act for the better clearing Regulating and further 
laying out publick High Roads in y e County of Westc r desiring the Concurrence of the Council 
therewith 

Then the said Bill was read y e first time and 

Ordered to be read a second time 

Ordtred, that the Bill Entitled, An Act for repairing and Compleating the Fortifications of 
this Colony for defraying the Charge of the Several Services therein mentioned for the use and 
security of the said Colony and for building a new House proper for the Residence of 
Governours thereof for the time being be now read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Bill Entitled, An Act to Explain pnrt of An Act Entitled, An Act for the 
better clearing and further laying out publick high ways in Kings County, Queens County, 
Richmond County and Orange County be now read y e third time 



1744.] Tlie Hon. George Clinton, Esq: Governor. 

Then the said Bill was read the third time and 
On the Question being put 
liesolreil, that tiie said Bill do puss 

Ordered, that the Honourable Philip Courtlandt E*q r do Acquaint the General Assembly that 
the Council have passed the said Bills without any Amendment 
The Council adjourned till 4 Post Mend 

The Council met according to adjournm 

PRESENT as before 

The Speaker assumed the Chair 

The Bill Kntitlrd, An Act to alter part of An Act Entitled, An Act for the better clearing 
regul sting ami further laying out publick high Roads in the County of W Chester was read y e 
second time and Committed to the Gentlemen of the Council 

The Council resolved themselves into a Committee to consider of y e s d Bill 

The Committee having duly weighed and Considered of y e said Bill and being agreed on the 
report by them to be nnde thereon when the Council would be pleased to receive the same 

The Speaker assumed the Chair 

Ordered, thai y c said Report be now. made 

The lLono k Daniel Hursmauden Esq r Chairman of the Committee to whom the said Bills 
were referred in his place reported that the Committee had gone thro the said Bill and had 
directed him to report the same without any Amendment 

Which Report on the Question being put was agreed to and approved of 

Onl< rut, t: at the said Bill be read the third time 

The Council adjourned till to morrow morning 10 of the clock 



&it iii-day, May 19 *, 1744. 
The Council met according to adjournment 

PKESENT The Hono 7 1 " Aizcn" 1 KENNEDY, Esq r , Speaker, 

JAJFKS DK LAXCEY, 
PHILIP COUUTLANDT, 
HLXRY LANE, 
DANIKL HOKSMANDEN, Esq". 

The Bill Entitled, An Act to alter pnrt of An Act Entitled, An Act for the better clearing 
regulating and further laying out publick high Roads in the County of West Chester was read 
the third time and 

On the Question being put 

J?csolvcd, that the said Bill do pass 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without any amendment 

His Excellency the Governour being come to the Councill Chamber sent a Message to the 
General Assembly by the Deputy Clerck of the Council requiring the immediate attendance 
of that House in the Council Chamber 

The General Assembly attending accordingly with their Speaker 

His Excellency was pleased to give his Assent to the five following Bills viz 

1 An Act for repairing and compleating the Fortifications of this Colony for defraying the 
charge of the several services therein mentioned for the use and security of the said Colony and 
for building a new House proper for the Residence of Governours thereof for the time being 

2 An Act to impower the sworn Repackers of the City of New York for the time being to 
repack and brand half Barrells of Beef and Pork 

3 An Act for the punctual payment of the County Rates in Suffolk County and for the more 
Effectual recovering the arrearages thereof 

4 An Act to Explain part of An Act Entitled, An Act for the better clearing regulating and 
further layini; out publick highways in King s County, Queens County, Richmond County and 
Orange County arid 

5 An Act to alter pnrt of An Act Entitled, An Act for the better clearing regulating and 
further laying out publick High Roads in the County of West, Chester 

After which the said Acts were published with the usual Solemnity 



846 Journal of the Legislative Council of Neiv York. [ 



23d 
3d 



His Excellency then directed the General Assembly to return to the Assembly and adjourn 
themselves to the third Tuesday in July next and then returned to his Residence attended as 
usual 

The Speaker resumed y e Chair 

Then the Council adjourned themselves to the third Tuesday in July next 



TWENTY-THIRD ASSEMBLY THIRD SESSION. 



At a Session of the Council & General Assembly began at if City Hall of the City of 
New York, on Tuesday / 17 " of July, 1744. 

The Council & Generall Assembly being adjourned to this Day 
The Council met according to adjournm 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq ra . 

The Speaker assumed the Chair 

The Council! being informed that that there were not a sufficient number of y e Members of 
the Generall Assembly in Town to make a House 
Adjourned till to morrow morning 1J of the clock 



Wednesday, July 18. 
The Council met according to adjournment 

PRESENT The Rouble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

His ExceTiency the Honble Geo Clinton Capt" General & Governour in Chief of this 
province being come to y e Council Chamber attended as usual sent a Message by y e Deputy 
Clerk of y e Council to y e General Assembly requiring their Immediate attendance at y e Council 
Chamber 

The General Assembly attending accordingly with their Speaker 

His Excellency made a speech to the Council & General Assembly & delivered one copy 
thereof to y e Speaker of y e Council & another to y e Speaker of y e General Assembly 

Alter which his Excellency left the Council Chamber 

The Speaker resumed the Chair 

Ordered, that his Excellency s Speech be read 

Which being read accordingly it was further 

Ordered, that the same be Entred in the Minutes and is in the words following 

Gentlemen, 

At your last meeting, from the authentick Intelligence I had concerning the French War you 
had my Recommendation to make provision for several matters, which I then conceiv d to be of 
great Importance, though hitherto it has not had intire Effect 

His most sacred Majesty in Just Resentment of the many repeated Indignities offered to his 
Crown and Kingdoms by the French King, by his Notorious Violation and Breach of the most 



1744.] The Hon. George Clinton, Esq: Governor. 847 

solemn Treaties, his open Hostilities lately committed against the British Fleet in the 
Mediterranean, and the daring affront offered by the Reception of the son of the Pretender in 
the French Dominions and the preparations made for an Invasion of his Majesty s Kingdoms in 
favour of a popish Pretender, found himself indispensably obliged to take up Arms, in concert 
with his Allies, to support the Ballance and Liberties of Europe by putting a checque to the 
Ambitious views of that aspiring Monarch, to reduce all the powers of Europe under his 
Influence and Tyranny, not doubting of the Blessing of Almighty God on so righteous a 
Cause 

It is therefore incumbent on us to use the greatest Diligence and Dispatch to put this province 
into the best posture of Defence, to repel any attempts which may be made against us, and not 
only so, but to exert ourselves in such a manner as we may be able upon occasion to attack & 
Distress our Enemies 

The oornpleating the several Fortifications in this City, Albany, Oswego, and the other 
Garrisons should now be attended to without the least Delay wherein I cannot but observe 
there has hitherto been made but too slow a progress : As to what I think farther necessary to 
be done for the security and Defence of this City and other parts of the province, I shall lay 
tiie particulars thereof before you 

According to my former Resolution I have sent up the Cannon and Ammunition to Oswego 
and a reinforcement of Soldiers, as also a detachment to Saragtoga, all which are arrived ; and 
upon the Representation of the officer at Oswego whilst I was at Albany I then ordered such 
things as were immediately necessary i or the security and Defence of that place, and likewise 
directed an Interpreter to be sent there, and six Indians to serve as scouts to watch and give 
Intelligence of the motions of the Enemy, and upon information since I arrived here, have 
further directed two Indians of each of the Six Nations to be retained by us in our pay, to 
Reside at Oswego, in order to assist in the Defence of it, in case it should be attacked. I found 
it requisite also to advance fifty pounds to the officer there to lay out, occasionally for presents to 
the Indians, or other incidental services, as shall be judged expedient from time to time, and 
the same officer has acquainted me that he has already expended several sums on such like 
occasions which I have promised him to recommend to you to reimburse ; for which & all other 
monies advanced upon the Credit, and for the Honour and service of the publick upon any 
Emergency, I cannot doubt but you will readily make provision, when the accounts are laid 
before you 

The great Importance of that place has been often enlarged upon, so as to render a Repitition 
needless, I cannot however omit taking Notice, that upon the preservation of that Fortress the 
Fidelity of the Six Nations to the British Interest does in a great measure depend 

I have lately had an Interview with those Indians at Albany, and have renewed the Treaties 
and Strengthened the Alliance with them, they expressed their hearty attachment to the British 
Interest in the Strongest Terms, tho I found them rather inclinable not to intermeddle with 
the war, unless provoked thereto by an Attempt of the French from Canada upon any of our 
possessions 

There met me upon this occasion Commissioners from the province of the Massachusetts Bay 
and the Colony of Connecticut fully impowered to treat with those Nations by my permission 
to revive the Ancient Amity and alliance between them and those Governments, in which I was 
glad of the Opportunity of giving them the full Liberty, conceiving it must redound to the 
advantage of the Common Cause of his Majesty s respective Colonies in North America, and of 
course tend towards an Hearty union of the several Governments in their respective Councils 
and actions upon the present Important Occasion 

It highly concerns the Interest of this Government in particular as well as the British Interest 
upon the Continent in General, to preserve the Six Nations and all other Indians in Alliance 
with us and them, steady in their Engagements: for if by the Artifices and Intrigues of a 
Subtle Enemy they should at length through any Improvidence of ours, be seduced from their 
fidelity to His Majesty we may easily see how fatal and Destructive such an Event would 
prove 

The Commissioners from the Massachusets Government had full powers likewise for Entring 
into a strict union and Alliance with us and all the Colonies on the main to concert and agree 
with them upon proper measures for their Joynt Conduct in the War, as well Offensively as 
Defensively against the Common Enemies, for our mutual advantage. I earnestly recommend 
it to you to provide Supplies the better to enable me to Commissionate proper persons with 
like powers lor this laudable End, that thereby such measures may be engaged in, touching the 
conduct of the war in these parts, that his Majesty s American Subjects may not only be safe 
in their possessions, but become a Terror to his Enemies 

Gentlemen, 

If, may be proper for you to Consider that while his Majesty s Station Ship is Refitting, our 
Const and Trade is unguarded, in this Case the Examples of the Neighbouring Governments 
may at this Conjuncture well be thought worthy your Imitation, the fitting out Vessels well 
manned and Armed in order to prevent or Detent any Efforts of a rapacious Enemy, till the 
Man of War can be Compleated for service, and ether ships arrive from Great Britain (which I 



848 Journal of the Legislative Council of New York. [ 



23d ABBCITI. 
3d Suss n. 



have represented to the Lords of the Admiralty to be requisite) may well compensate any 
expence the province can be put to on that account 

Nor is the appointment of an Agent at iho Court of Great Britain to negotiate the Affairs of 
the province with a Salary adequate to that service, of Small Importance I have before 
recommended it, and as a matter I think still of greater Concernment at this, time, I cannot but 
repeat it. 

Gentlemen, 

These several services must unavoidably be attended with Extraordinary Expence, but think 
seriously how fatal the consequences may be to our Civil and Religious Liberties, should we by 
any Backwardness or Delect in making suitable provision for defraying the Charges necess- ry 
to ihese Ends, rind to answer all other Incidents and contingencies of the Government supinely 
suffer any part of this province to fall into ihe Enemy s Hands 

If therefore the Honour of his most sacred Majesty and the British subjects the preservation 
of your Liberties and properties and all that is dear and sacred to you may be thought the most 
prevailing motives for exerting your vigour at this time of common Danger; I entreat you 
calmly and deliberately to think on these things and I persuade my self I may confident y rely 
on your raising such supplies, as will Effectually answer the present Emergencies and enable me 
to support the Honour & Dignity of this Government, and pursue every method for its safety, 
to which you will always find me attentive with the sincerest Regard 

G. CLINTON. 

18 th Jubj 1744 

Ordered, that his Excellency s Speech be forthwith printed 
Then the Council adjourned till Fry day morning 11 of the clock 



Fry day, July 20" , 1744. 
The Council met according to adjournment 

PRESENT The Rouble ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LAXCT.Y, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq rs . 

The Council adjourned till Tuesday morning next 11 of y e clock 



Tuesday, July 24 ", 1744. 
The Council met according to adjournment 

PRESENT The Honbl<i ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

His Excellency communicated to the Council by John Catherwood Esq r his private secretary 
a Message he was then sending to the General Assembly which being read was 
Ordered to be Entred in the minutes and is as folio weth 

Gentlemen, 

In my Speech delivered to you on the IS" 1 Instant I spoke in General ho .v much it imported 
us at this Critical conjuncture to use the utmost Diligence and dispatch for putting this province 
into the best posture of Defence, and recommended to you to make a provision suitable to that 
End, and as to what I had already ordered or should think further necessary to be done 
immediately for our security, I told you I would lay the particulars before you, and accordingly 
they are contained in he following Articles 

1 st As to my Directions already given concerning the Fortifications in this City I have ordered 
the Brass Cannon on the Flag Mount in Fort Georg. , to be repaired and rendered tit for 
service 



1744. J The Hon. George Clinton, Esq: Governor. 849 

Ninety five shot boxes (one for each Gun) four more Centinel Boxes a new Flag Staff, and a 
Plat Form on the South East Bastion in Fort George to be forthwith made 

Leaden Aprons to be made for y e Cannon on Copsey Battery & a Fence from y e East to y e 
West side thereof 

Eight cannon to be remov d to M r Rutgers s Wharf on the North River and eight to Burnets 
Key on the East River for Sand Batteries in case of an Invasion 

2 dly Concerning what I judge further necessary to be done towards compleating the fortifications 
of this City The Magazine in Fort George under the South East Bastion to be sufficiently 
repaired for the Reception & Safe Custody of Gunpowder 

A greater Quantity of Gunpowder to be forthwith provided that all the Garrisons may have 
a sufficiency The rest of the Barracks in Fort George should be rebuilt for the accomodation 
of the two Independent companies which cannot be lodged there without them 

A Banquette or Foot Bank should be raised along the inside of the parapet on Copsey and 
the Flat Rock Batteries to a proper Height for y e musqueteers to fire over. 

The Berm on Copsey Battery to be filled up with sod work, to prevent the Enemy s landing 
there 

To take away every other Gun on Copsey and fill up each other Embrasure with sod work 

Tomkins and Leaden Aprons should be made for all the Cannon 

Provision should be made for sorting all y e Cannon shot and placing them on Boxes next to y e 
proper Guns 

Matrosses with proper Officers should be provided for, to be kept in Constant exercise 

3 dly As to what I have directed concerning y e Fortifications in the County of Albany & 
respecting y e Indians in order to secure their dependance on the British Interest, upon y e 
Representation of y e Officer at Oswego to the Corn of Indian Affairs at Albany communicated 
to me there & upon y c Report & Examination of some Traders I then ordered that y e port Holes 
of the new wall should be immediately altered in such manner as that y e Cannon might be 
traversed, and likewise that y e platform should be repaired 

That the Officer should make use of the Timber of the Traders Houses to make Ramparts 
and piles to place against the wall to strengthen and secure it 

I have ordered the Commissioners of Indian Affairs immediately to send up into the Sennekas 
Country an Armourer and Smith with two or three other men with them to reside there upon 
the complaint of the Sachims of that Nation that they were in great want of them to assist in 
removing their Castles near to the Cayougas for their greater strength and security according 
to my recommendation to them for that purpose 

4 thly Concerning what is further necessary to be done for the security of the County of 
Albany 

A Strong ffort to be built in a proper situation near Crown point, and a sufficient Garrison 
kept there to maintain it, and as from thence the French can make Inroads into this Country 
and the neighbouring Governments to the Eastward, this should be done at our joint Expence 

A Strong ffort should likewise be built at Tierondequat or some other proper place in the 
Sennekas County, and a Strong Garrison kept in it to maintain it in order, to preserve the 
Sennekas and other Indians in their ffidelity to his Majesty, and as all his Majesties Governments 
on the Continent are in some degree concerned in this material article, this ought to be done at 
the joint Expence of all Interested 

Upon our making proper provision I will commissionate fit persons to treat with the 
neighbouring Governments touching these Articles and such others as shall be Judged 
Expedient from time to time for our mutual defence and the Annoyance of his Majesties 
Enemys 

G CLINTON 

Then the Council adjourned to Thursday morning 10 of the clock 



Thursday, July 26, 1744. 

The Council met according to adjournment and further adjourned till Tuesday morning 10 of 
the clock 



107 



850 Journal of the Legislative Council of New York. [ 2 i^ "" 

Tuesday, July 31, 1744. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCH d KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

His Excellency communicated to the Council by John Catherwood Esq r his private Secretary 
a Message he was then sending to the Gen 1 Assembly which being read was 
Ordered to be Entered in the minutes and is as follows 

Gentlemen, 

Since my last message to the House on the 24 Instant several other particulars have occurred 
to me which in my opinion the publick security requires to be provided for at this time 

It is absolutely necessary there should be a Battery of Six Guns at Red Hook on Nassau 
Island which would effectually prevent the Enemys Vessels lying there to Bombard this City 
or their landing any Force or Artillery on Nutten Island in case of any such attack upon us, 
this Battery might be easily supplied and maintained by the Force of the Country 

It would likewise be proper to Raise another Battery on the Front of the great Dock of this 
City in order to flank the east side of Copsey Battery as the fflat-Rock Battery does to the 
Westward 

I omitted to acquaint you in my last that I had ordered the Commissioners of Indian Affairs 
at Albany to agree with ten men and an officer upon the most Reasonable Terms they cou d to 
serve as outscouts towards Crown point, to be immediately employed on that occasion, to watch 
and give Intelligence of the motions of the Enemy from that Quarter, who were agreed with 
and sent out accordingly and are since returned I doubt not you will provide for that service 
also when the accounts are laid before you 

And further it is necessary that you provide for the support of such a number of men and 
officers as may be sufficient to be kept constantly in pay in that employ in the County of Albany 
during the Warr 

The Commissioners of Indian Affairs have recommended the number to be thirty nine men 
and two Officers for this purpose and Ten Indians to be retained in aid of them who will be 
able to penetrate further into the Enemys Country than the other Scouts with this advantage 
that they may not only be secure in their persons but unsuspected. 

I have been acquainted that in the former Warr with ffrance some Companys of y e Militia 
detached from other Countys were sent up to Albany to Continue there in the pay of the 
Country to assist in the Defence of that County the Commissioners of Indian Affairs have 
recommended it to me as a matter requisite to be done at this time 

The Allowance to the Commissioners of Indian Affairs ought now of necessity to be enlarged 
as it must be expected that many incidental services will arise to the publick in the time of 
Warr as well from Indians as others which from the nature of them will demand Gratuitys 
which the present Annual provision for negotiating Indian Affairs is too Scanty to admit of, as 
I have heretofore intimated to you 

G. CLINTON 

New York 31 st July 1744 

Then the Council adjourned to Fryday the 3 d August 1744 



F/yday, August 3 d , 1*744. 
The Council met according to adjournm and further adjourned to Tuesday 

Tuesday, August 7" 1 , 1744. 

The Council met according to adjournment and further adjourned to Fryday morning 10 of 
the clock 



1744.] The Hon. George Clinton^ Esq: Governor. 851 

Fry day August 10 *, 1744. 
The Council met according to adjournm* 

PKESENT The Honcf 16 CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCY, 
PlIILIP COUKTLANDT, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

A Message from the Assembly by Coll Morris & M r Pierson with the Bill Entitled, An Act 
to Exempt Prize Goods from any Duty or Custom imposed by the Laws of this Colony desiring 
the concurrence of the Councill thereto 

Then y e s d Bill was read the first time and 

Ordered to be read y e second time 

The Council adjourned till Fryday morning 10 of y e clock 



Fryday, Aug 17 *, 1744. 
The Council met according to adjournm 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by Col 1 Schuyler and Cap" Winne with y e Bill Entitled, An 
Act to support the Garrison and Trading House at Oswego desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read y e first time & 

Ordered a second Reading 

A Message from the Assembly by M r Richard and M r Van Home with the Bill Entitled, " An 
" Act to let to Farm the Excise on Strong Liquors retailed in this Colony from the first day of 
" Nov r 1744 to y e first day of Nov r 174-5, desiring y e concurrence of the Councill thereto 

Ordered, that y e s d Bill be now read 

Then the said Bill was read y e first Time & 

Ordered to be read y e 2 d time 

A Message from y e Assembly by M r Jones & M r Le Count with the Bill Entitled, " An Act 
" for the speedy punishing and releasing such persons from Imprisonment as shall commit any 
" Criminal Offences under the Degree of Grand Larceny," desiring the concurrence of the 
Council thereto 

Ordered, that y e said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read a second time 

A Message from the Assembly by Col 1 Moore & M r Richard with the Bill Entitled, " An Act 
" for the speedy punishing and releasing such persons from Imprisonment as shall commit any 
" criminal offences in the City of New York under the Degree of Grand Larceny desiring the 
concurrence of the Council thereto 

Ordered, that y e s d Bill be now read 

Then y e s d Bill was read y e first time & 

Ordered to be read y e 2 d time 

Ordered, that the Bill Entitled, "An Act to Exempt Prize Goods from any Duty or Custom 
" imposed by the Laws of this Colony be now read the second time 

Then y e s d Bill was read the second time and 

Ordered, to be committed to y e Gentlemen of the Council or any five of them 

Then y e Council adjourned till Tuesday morning t.0 of the clock 



852 Journal of the Legislative Council of New York. [ ^ ^ 

Tuesday, August 21", 1744 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DAN HORSMANDEN, Esq. 

The Speaker assumed the Chair 

His Excellency by John Catherwood Esq his private Secretary communicated to y e Council a 
Message he had sent yesterday to y e Assembly which being Read was 
Ordered to be Entred in the Minutes and is as folio weth 

Gentlemen, 

From the Examination herewith laid before you it must be inferred that the Province has 
Suffered considerable Damage this Summer, by y e precipitate Retreat of our Indian Traders 
from Oswego, upon Notice of the French Warr. most of them you will find left the place 
immediately upon the alarm, sold what they could of their goods to those few of their Brethren 
that had the Sense Courage arid Resolution to stay behind and brought the Remainder back 
with them: You will Judge what a Baulk and Discouragement this Instance of pusilanimity 
has occasioned to those numbers of Indians of y e far Nations who have rarely come to trade with 
us but perhaps finding the French had no goods to Supply them at Niagara, resolved to proceed 
to Oswego, where some of them found the place basely deserted by most of our People and no 
Goods to Exchange for their Furrs upon Information whereof many other Indian Canoes were 
turned back before they reached that place 

How mean an opinion must the Savages entertain of us, when they find our people are so 
easily frightned, as it were with a shadow, and that the great gains which are constantly 
reaped by this advantageous Traffick are not sufficient to Excite a Resolution in our Traders to 
stand to y e Defence of this Fortress, the loss of which would determine that trade, and it is to 
be feared the Indians too in Favour of our natural Enemies y e French. How fatal such an 
Event would prove to this Colony in particular and the British Interest upon y e continent in 
General may be ensily foreseen 

The pernicious consequences which must inevitably flow from this sort of Demeanour I 
perswade myself you will think deserving your serious attention, and that you will put y e most 
profitable Branch of our Trade into such a method for y e future as may encourage and invite 
the most distant nations to come yearly to reside at that mart; when by the wisdom and 
Justice of the Legislature matters are so regulated for the future, that y e Indians may be assured 
that not only their occasions will always be plentifully supplyed there with goods, the best in 
their kind, but also at y e most reasonable Rates, touching which hist Article the Six Nations 
have made frequent complaints By these measures we shall establish such a credit amongst 
our own, and the remotest Indians, that it will not be in the Power of the French to Rival us 
in that point 

I cannot but with y e greatest earnestness recommend it to you to make provision for y e 
maintenance of such prisoners of Warr as have already been or shall hereafter be brought into 
this port It is utterly improper they should contrary to all precedent be suffered to go about 
at large viewing our situation and Fortifications a practice not suffered by any other Country 
in time of the profoundest peace and if they are not to be supported by the publick it must be 
expected that our privateers will upon any Capture for y e future discharge themselves of the 
Incumbrance, by putting them on shore in some of their own Dominions, which likewise Contrary 
to all good policy will be a strengthening of the Enemy, by setting those hands at liberty to 
annoy us, which were once in our power effectually to have restrained, and besides that 
Compassion which is due to our fellow Subjects, who may have y e misfortune to fall into the 
Enernys Hands, should induce us to secure those enemies who come within our power in order 
to exchange for our Countrey men, who otherwise must languish in prison in the Enemy s 
Hands If you provide for their subsistence I will take care to distribute them in the best 
manner I can 

By the Letter lately received from y e Comissioners of Indian Affairs (herewith also laid 
before you) you will see what further Information I have received concerning y e French Designs 
ag l that Important place of Oswego 

G. CLINTON 

M r Catherwood also laid before y e Council a Letter from y e Com" of Indian Affairs at Albany 
to his Exc y dated y e 13 lh Instant Also an affidavit of George Swan an Indian Trader which 
were read 



1744.] The Hon. George Clinton, Esq: Governor. 853 

A Message from y e Assembly by Col 1 Schuyler and M r Renselaer with y e Bill Entitled "An 
"Act for recovering Arrearages of Taxes and Eates in y e City and County of Albany " desiring 
y e Concurrence of y e Council thereto 

Ordered, that y e s d Bill be now read 

Then the said Bill was read y e first time & 

Ordered to be read y e 2 d time 

A Message from y e Assembly by M r Richard & Col 1 Moore with the Bill Entitled, "An Act to 
" Explain An Act Entitled, An Act to prolong y 8 Currency of Bills of Credit emitted by virtue 
" of An Act Entitled, An Act for Emitting Bills of Credit for y e payment of the Debts and for 
" y e better support of the Government of this Colony and other the purposes therein mentioned 
desiring y e concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read y e first time & 

Ordered to be read y 6 second time 

Then y e Council adjourned till to morrow morning 10 of y e clock 



Wednesday, Aug 22 d , 1744. 
The Council met according to adjournment 

PRESENT The Honlle CADWALLADER GOLDEN, Esq, Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

DAN HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, "An Act for recovering arrearages of Taxes in the City & 
" County of Albany " be now read y e second time 

Then the said Bill was read the second time & 

Ordered, to be committed to the Gentlemen of the Council or any five of them 

Ordered, that the Bill Entituled, " An Act to Explain An Act Intitled, An Act to prolong 
" the Currency of Bills of Credit Emitted by virtue of An Act Entitled, An Act for Emitting 
" Bills of Credit for the payment of the Debts and for the better supporting of the Government 
" of this Colony and other purposes therein mentioned" be now read y e second time 

Then the said Bill was read the second time & committed to the Gentlemen of the Council 
or any five of them 

Then the Council resolved themselves into a Committee to consider of the said Bills and also 
of the Bill Entitled, An Act to Exempt Prize Goods from any Duty or Custom imposed by y e 
Laws of this Colony 

The Committee having duely weighed and considered of the said Bills and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the IIon ble Daniel Horsmanden Esq r Chairman of the Committee to whom the said 
Bills were referred in his place reported that the Committee had gone through the said Bills 
and had directed him to report them without any amendment 

Which Report on the Question being put was agreed to and approved of 

~Urdercd, that the said Bills be read the third time 

The Council resolved themselves into a Committee to consider of the Bill Entitled, " An Act 
" for the speedy punishing and releasing such persons from Imprisonment as shall Commit any 
" Criminal offences under the Degree of Grand Larceny and also of the Bill Entitled, " An Act 
" for the speedy punishing and releasing such persons from Imprisonment as shall commit any 
" Criminal Offences in the City and County of New York under the Degree of Grand Larceny 

The Committee having duely weighed and considered of the said Bills and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Nrdcred, that the said Report be now made 

Then the Hon ble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bills 
were referred in his place reported that the Council had gone through the said Bills and had 
directed him to report them with an amendm to each of them 

Then each of the said Amendments being read They were severally agreed to and approved 
of and 

Ordered, that each of the said Bills be read a third time as amended 

The Council adjourned till Saturday morning 10 of y 9 clock 



854 Journal of the Legislative Council of New York. [ 2 iki s "": 

Saturday, Aug 25 A , 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, " An Act to let to Farm the Excise on Strong Liquors retailed 
" in this Colony from the first of Nov r 1744 to the first Day of November 1745 " be now read 
the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Bill Entitled, " An Act for recovering arrearages of Taxes and Rates in the 
" City and County of Albany" be now read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the Assembly that y e Council 
have passed the said Bills without any amendm 

Ordered, that the Bill Entitled, " An Act to Exempt Prize Goods from any Duty or Custom 
" imposed by the Laws of this Colony be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Daniel Horsmanden Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without any amendment 

Ordered, that the Bill Entitled, " An Act for the speedy punishing and releasing such persons 
" from Imprisonment as shall committ any criminal Offences under ihe Degree of Grand 
" Larceny be now read the third time as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill do pass with y e amendm 

Ordered, that the Bill Entitled, " An Act for the speedy punishing and Releasing such persons 
" from Imprisonment as shall commit any Criminal Offences in the City and County of New 
" York under the degree of Grand Larceny be now read the third time as amended 

Then the said Bill was accordingly read the third time as amended and 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble James De Lancey Esq r do carry y e s d Bill to the General Assembly 
& acquaint them that the Council have passed the said two Bills with an amendm 1 to each of 
them to which they desire their concurrence 

Then the Council adjourned till Tuesday morning 10 of y e clock 



Tuesday, Aug* 28 *, 1744. 
The Council met according to adjournm* 

PRESENT The Honble CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Glen and Capt n Winne with the Bill Entitled, 
" An Act to amend part of An Act Entitled, An Act further to fortify the City of Albany and 
" Town of Schenegtade and for raising the sum of four Hundred and Fifty pounds to defray the 
" Expences thereof" desiring the concurrence of the Council thereto 



1744.] The Hon. George Clinton, Esq: Governor. 855 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read a second time 

The Council adjourned till to morrow morning 10 of the clock 



Wednesday, Aug y 29 *, 1744. 
The Council met according to adjournm 1 

PRESENT The Ho/Me CADWALLADER GOLDEN, Esq r , Speaker, 
PHILIP LIVINGSTON, 

PlIILIP CORTLANDT, 

DAN HORSMANDEN, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard and M r Le Count with the Bill 
Entitled, "An Act for the speedy punishing and releasing such persons from Imprisonment as 
" shall commit any Criminal Offences in the City and County of New York under the Decree 
" of Grand Larceny " with the Amendment made by the Council thereto & to acquaint them 
that the General Assembly do agree to y e s d Amendment and desire that the said Bill may be 
amended accordingly 

And the said Bill was accordingly amended 

The Council adjourned till to morrow morning 10 of the clock 



Thursday, Aug 30 (A , 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNED Y, 
JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, "An Act to amend part of An Act Entituled, An Act further 
" to fortify the City of Albany and Town of Schenectady and for raising the sum of four 
" hundred and fifty pounds to defray the expence thereof" be now read the second time 

Then the said Bill was read y e second time & committed to the Gentlemen of the Councill 
or any five of them 

The Council resolved themselves into a Comittee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that they had gone through y e said Bill and had directed him to 
report the same with several amendm ts 

Then the said Amendments were read and 

On the Question being put, were agreed to and approved of 

Ordered, that the said Bill be read a third time as amended 

The Council resolved themselves into a Committee to consider of the Bill Entitled, "An Act 
"to explain An Act Entitled, An Act to prolong the Currency of Bills of Credit Emitted by 
" Virtue of An Act Entitled, An Act for emitting Bills of Credit for the payment of the Debts 
" and for the better support of y e Governm of this Colony and other purposes therein 
mentioned 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 



856 Journal of the Legislative Council of New York. [ 



d 



The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through the said Bill & had 
directed him to report it without any amendm* 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be read the third time 

A Message from the General Assembly by M r Nicol & M r Le Count with the Bill Entitled, 
An Act for the speedy punishing and Releasing such persons from Imprisonm* as shall commit 
any criminal oflences under y e Degree of Grand Larceny to acquaint the Council that y e 
Assembly agree to y e amendment made by the Council to that Bill & desiring the Bill may be 
amended accordingly 

The Bill was accordingly amended. 

The Council adjourned till to morrow morning 10 of y e clock 



Fryday, Aucf 31 s , 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCET, 
PHILIP COHTLANDT, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the Bill Entitled, " An Act 
to support the Garrison and Trading House at Oswego 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive y e same 

The Speaker resumed the Chair 

Ordered, that y e s d Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that y e Committee had duely weighed and considered of the 
said Bill & had directed him to report it without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be now read y e third time 

Then the said Bill was read y e third lime & 

On the Question being put 

Resolved, that the Bill do pass 

Ordered, that the Bill Entitled, " An Act to Explain An Act Entitled, An Act to prolong 
" the Currency of Bills of Credit Emitted by virtue of An Act Entitled, An Act for Emitting 
" Bills of Credit for the payment of the Debts, and for the better support of the Government 
" of this Colony and other purposes therein mentioned" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the aforesaid two Bills without any amendment 

Ordered, that the Bill Entitled, " An Act to amend part of An Act Entitled, An Act further 
" to fortify the City of Albany and Town of Schenectade and for raising the sum of four Hundred 
" and fifty pounds to defray the Expence thereof" be read the third time as amended 

Then the said Bill was accordingly read the third time, and 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble Philip Livingston Esq r do carry the said Bill and the amendments 
made thereto by y e Council to the General Assembly & acquaint them that y e Council have 
passed that Bill with the said amendm" to which they desire their concurrence 

A Message from the General Assembly by Col 1 Schuyler & Col 1 Lott with the Bill Entitled, 
" An Act for the better regulating the Militia of this Colony, desiring the concurrence of the 
Council thereto 

A Message from the General Assembly by M r Glen and Capt n Winne with the Bill Entitled, 
" An Act to amend part of An Act Entitled, An Act further to fortify the City of Albany and 
" Town of Schenectade and for raising the sum of four hundred and fifty pounds to defray the 
" Expence thereof" and the amendments made by the Council thereto and acquainting the 
Council that the General Assembly do agree to all y e s d amendments and desire that the said 
Bill may be amended accordingly 

Then the said Bill was accordingly amended 

The Council adjourned till to morrow morning 9 of the clock 



1744.] The Hon. George Clinton, Esq: Governor. 857 

Saturday, SepV 1 s , 1744. 
The Council met according to adjournm 

PRESENT The Honlle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSJIANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, " An Act for the better regulating the Militia of this Colony " 
be now read y e first time 

Then the said Bill was read the first time and 

Ordered, to be read y e second time 

His Excellency the Gov r attended as usual being come to the Council Chamber sent a Message 
to the General Assembly by the Deputy Clerk of y e Council requiring their Immediate attendance 
in the Council Chamber 

The General Assembly attending accordingly with their Speaker 

His Excellency was then pleased to give his Assent to the eight following Acts passed this 
Session 

1 An Act to Exempt Prize Goods from any Duty or Custom imposed by the Laws of this 
Colony 

2 An Act to Support the Garrison and Trading House at Oswego 

3 An Act to let to Farm the Excise on Strong Liquors retailed in this Colony from the first 
of November 1744 to the first Day of November 1745 

4 An Act for the speedy punishing and releasing such persons from Imprisonment as shall 
commit any criminal offences under the Degree of Grand Larceny 

5 An Act for the speedy punishing and releasing such persons from Imprisonment as shall 
commit any criminal offences in the City and County of New York under the Degree of Grand 
Larceny 

G An Act to Explain An Act Entitled, An Act to prolong the Currency of Bills of Credit 
Emitted by Virtue of An Act Entitled, An Act for Emitting Bills of Credit for the payment of 
the Debts and for the better support of the Government of this Colony and other purposes 
therein mentioned. 

7 An Act for recovering arrearages of Taxes & Rates in the City and County of Albany and 

8 An Act to amend part of An Act Entitled, An Act further to fortify the City of Albany 
and Town of Schenectade and for raising the sum of four hundred and fifty pounds to defray 
the Expence thereof 

After which the said Acts were published in the usual manner & his Excellency returnd to 
his Residence 

The Council returnd to y e Council Chamber & adjournd till Tuesday morning 10 of y e clock 



Tuesday, September 4 A , 1744. 
The Council met according to adjournment. 

PRESENT The Honble CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Livingston and M r Cornell with the Bill 
Entitled, " An Act to amend part of An Act Entitled, An Act for regulating the payment of 
" his Majesty s Quit Rents and tor partition of Lands in order thereto so far as the same relates 
" to the partition of Lauds desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

108 



858 Journal of the Legislative Council of New York. [ ^ &,"$ 

Then the said Bill was read the first time and 

Ordered, to be read a second time 

A Message from the General Assembly by M r Pierson and M r Cornell with the Bill Entitled, 
" An Act to prevent the Destruction of Sheep by Dogs desiring the concurrence of the Council 
thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered to be read a second time 

The Council adjourned till 4 of the clock in the afternoon 

Post Merid 
The Council met according to adjournment 

PBESENT as before 

The Speaker assumed the Chair 

His Excellency sent to the Council by John Catherwood Esq r his private Secretary a Letter 
from the Commissioners for Indian Affairs to his Excellency dated the 27 th of August * last for 
their consideration and the said Letter being read was 

Ordered to be Entred in the minutes and is as follows 

Albany 27 th of August 1744 
May it please your Excellency 

Since our last of the 13 Inst we received your Excellencys flavours of 9 & 15 th Instant in the 
first of which your Excellency orders us to provide Cap* Butler with the necessary 
Accommodations for his voyage to Oswego which we have done, and he is accordingly gone up 
from hence the 21 Instant : Your Excelly cautions us to keep Cap Butlers going to Oswego as 
secret as possible, but it was publick in this place before our Letters were opened : We have 
sent M r Butler s son as your Excellency desired with his Father to Oswego as Interpreter upon 
the credit of the Government 

In your Excllys favour of 15 inst your Excelly informs us that the two officers here had 
complained that the Forts here and at Sarachtogo wanted repairs and your Excellency is pleased 
to order us that they be immediately made proper and well secured for the Accommodation of 
his Majesty s Troops We take leave humbly to inform your Excellency that the repairing 
Forts & Barracks has always been done by persons especially appointed thereto, and not by the 
Commissioners of Indian Affairs, otherwise we would with much pleasure execute yo r Excys 
commands herein 

We have also received your Excys further favours of 21 st inst wherein your Excy orders us 
that an Interpreter and the whole compliment of Indians your Excy has ordered be forthwith 
sent to Oswego We have done all we cou d do to get Indians to go up, to which it seems few 
are inclined. M r Bleeker the Interpreter has been up to the Senecas Country the uppermost of 
the Six Nations, and has used his utmost endeavour to prevail on two of each Nation to go up 
to Oswego, and by our last account from hence, five only were arrived, and we believe more 
will shortly go, but think that the full compliment will not go up, and if they should we are 
still of opinion that they wou d be of little service, unless a number of the Militia with 
ammunition and provision be sent there very speedily, without which we look upon that Place 
to be inevitably lost. We lately sent two Moha\vks to Canada for Intelligence who returned 
the 24 inst, and inform us that the Caghnaweges, Schawedtdes & Onogonges have at the Instance 
of the Governour of Canada taken up the Hatchet against the Enemys of the French, and that 
a great number of Indians were at Montreal singing and dancing as they usually do when they 
go to warr, and that they judge by the posture of the Indians there, that they will shortly go 
afighting. Our Indians also inform us that by what they can learn at Canada from some of the 
Indians there, they believe that the French will shortly attack Oswego 

We are 

Yours Excellys &c a 

Myndert Schuyler 
Ab m Cuyler 
Corn 3 Cuyler 
Dirk Ten Brook 
Nicholas Bleeker 
Joh s Lansing 
John Depeyster 



The Council taking into Consideration the afores d Letter, and being informed that his 
Excellency had communicated the same to the General Assembly and conceiving the matters 
therein mentioned to be of the highest Importance to this province 



1744.] The Hon. George Clinton, Esq: Governor. 859 

Ordered, that the Honble Joseph Murray Esq r acquaint the General Assembly that y e Council 
desire a free conference with that Honble House on y e subject matter of the s d Letter in the 
Court House in y e City Hall at eleven of the clock to morrow morning. 

A Message from the General Assembly by Col 1 Philipse & M r Richard to acquaint the Council 
that they will meet them at a free conference to morrow morning 11 of the clock at the place 
appointed according to their message of this Day 

The Chief Justice acquainting the Council that he was to go the Circuit to morrow 

Ordered, that as there are several affairs of the highest Consequence before the Council that 
he do attend that service 

The Council adjourned till to morrow morning 9 of y e clock 



Wednesday, Sept r 5 <A , 1744, 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PllILIP CORTLANDT, 

JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, "An Act to amend part of An Act Entitled, An Act for 
"regulating the payment of his Majestyes Quit Rents and for Partition of Lands in order 
"thereto so far as relates to the Partition of Lands" be now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed to the Gentlemen of the Council or any five of them 

Ordered, that the Bill Entitled, "An Act to prevent the Destruction of Sheep by Dogs, be 
now read y e 2 d time 

Then the said Bill was read the second time and committed to the Gentlemen of the Council 
or any five of them 

The Council adjourned during pleasure to go to the ffree conference 

The Council being returned 

The Speaker resumed the Chair 

The Council adjourned till three of the clock in y e afternoon 

Post Merid 
The Council met according to adjournment 

PRESENT as before 

The Speaker assumed the Chair 

The Council adjourned during pleasure to return to the free conference 

The Council being returned from y e conference 

The Speaker resumed the Chair 

The Honble Cadwalladcr Golden Esq r reported that the Council had met the General Assembly 
at the free Conference on the Subject matter of his Excellency s Message of yesterday and that 
they had there agreed that the preservation of Oswego is of the highest Importance, and that it 
would be proper to send a reinforcement of fifty men of the County of Albany to that Garrison, 
and that Orders be sent to the Commanding Officer of the Militia of that County, to march 
such Force as may be sufficient to repel the Enemy in case it should be attacked. And that 
the Assembly have resolved to make good any Expence that may arise for the Defence and 
Security thereof, and that the Assembly desired the Council to appoint a Committee to Join a 
Committee of their House to draw up an Address to his Excellency to y e purport aforesaid 

Resolved, that the Honourable Cadwallader Golden, Philip Livingston, James De Lancey & 
Joseph Murray Esq rs be a Committee to meet y e Committee of the General Assembly 
accordingly And that they meet at seven of the clock this Evening at the House of M r Edward 
Willet 

Ordered, that y e Honble Archibald Kennedy Esq r acquaint the General Assembly therewith 

A Message from the General Assembly by Col 1 Schuyler & M r Cornel to acquaint y e Council 
that that House have appointed Col 1 Morris, Col 1 Philipse, Capt n Livingston, M r Verplanck M r 



23d Assem . 



860 Journal of the Legislative Council of New York. [ ! 3 dse M n. 

Nicol, M r Richard, M r Jones & Col 1 Beekman to be a Committee of their House to meet y e 
committee of the Council at y e time & place and upon the subject matter of their Message of 
this day 

The Council adjourned till to morrow morning 10 of y e clock 



Thursday, SepV 6 ", 1744. 
The Council met according to adjournm 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The Honble James De Lancey Esq r reported from the Committee appointed yesterday to meet 
a Committee of the General Assembly in order to prepare a Draught of An Address to his 
Excellency that the two Committees had met accordingly and agreed upon the s d Address which 
he delivered in at y e Table where the same was read and approved of 

Ordered, that the Honble James De Lancey Esq r do acquaint the General Assembly that y e 
Council do approve of the Draught of An Address to his Excellency prepared by the Joint 
Committees 

Ordered, that the Bill Entitled, "An for the better regulating the Militia of this Colony " be 
now read y e second time 

Then the said Bill was read y e second time and 

Ordered to be committed to the Gentlemen of the Council or any five of them 

A Message from the General Assembly by Col 1 Morris and M r Jones to acquaint the Council 
that that House have agreed to and approved of the Address to his Excellency prepar d by a 
Joint Committee of both Houses and that when y e same is engrossed & the Speaker of the 
Council has signed it the Speaker of y e General Assembly will sign it likewise 

Ordered, that the said Address be engrossed 

The same being Engrossed was read & 

Ordered to be Entred in the Minutes and is as follows 

To his Excellency The Honble GEORGE CLINTON Esq r Captain General and Governour in Chief 
in & over the province of New York and the Territories thereon depending in America Vice 
Admiral of the same and Rear Admiral of the Red Squadron of his Majesty s Fleet 

" The Humble ADDRESS of the Council and the General Assembly of the Colony 
" of New York 

We his Majesty s most dutiful & loyal Subjects the Council and General Assembly of the 
" Colony of New York return your Excellency our Thanks for the Intelligence you were pleased 
" to communicate to us of the Designs of the French ag Oswego 

" We are fully sensible of the Importance of that Fortress not only to this but to all the 
" Neighbouring Colonys as it secures the Six Nations of Indians in their Fidelity Therefore 
" we beg leave humbly to advise your Excellency for the further security of that place against 
" any attempts of the French to order thither a detachm of Fifty Men of the Militia of the 
County of Albany with a sufficient supply of ammunition & provisions and if the Enemy 
"should attack that place to order such a Force as your Excellency shall think sufficient to 
" relieve it; and the General Assembly assure your Excellency that they will make Good all 
" such Expences as may arise for the Defence and Security of that Important place 

"And we further beg Leave to assure your Excellency that we will chearfully contribute 
" every thing in our power for the Defence & Safety of this Colony and the Repelling any 
" attempts of the Enemy 

Ordered, that the Honble Cadwallader Colden sign the said Address in behalf of the Council 

Ordered, that the Honble Philip Livingston Esq r do Carry the Engrossed Address to y e 
General Assembly signed by order of the Council by the Honble Cadwallader Colden Esq r 
Speaker thereof; And desire they would direct their Speaker to sign it likewise; And also 
acquaint them that y e Council have appointed the Honble James De Lancey Esq r to wait on 
his Excellency with the s d Address with such of that Honble House as they shall appoint 



1744.] The Hon. George Clinton, Esq: Governor. 861 

A Message from the General Assembly by M r Verplanck & M r Renselaer with the engrossed 
Address of both Houses to acquaint the Council that they have appointed Col 1 Morris & Col 1 
Schuyler to Joyn with y e Honble James De Lancey Esq r to wait on his Excell y with the s d 
Engrossed Address 

The Council adjourned till to morrow morning 10 of the clock 



Frydmj, 8ep T 7 A , 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
DANIEL HORSJIANDEN, 
JOSEPH MURRAY, Esq rs . 

The Speaker assumed the Chair 

The Honble Archibald Kennedy Esq r Receiver General of this province presented to the 
Council his Memorial setting forth that finding a Bill sent up to the Council by the General 
Assembly for Amending An Act Entituled, An Act for regulating the payment of his Majesty s 
Quit Rents and for Partition of Lands in order thereto and observing that the Bill now before 
the Council Relates only to that part of the Act for partition of Lands The Memorialist begd 
Leave to make some observations on that part of the Act which Related to the Quit Rents & on 
the whole observ d that as the Act now stands His Majesty is prevented from Recovering his Quit 
Rents due But no remedy is given that he had not before and therefore hopes proper a men dm 15 
will be made to the a bres d Bill now before y e Council!. 

The Deputy Surveyor and Auditor of his Majesty s Revenues within this province likewise 
presented to the Council a Memorial setting forth, that y e Memorialist perceiving that their 
Honours had now under their consideration y e Bill Entitled, An Act for amending the Act 
Entituled, An Act for regulating the payment of his Majesty s Quit Rents, and for partition of 
Lands in order thereto, so far as the same relates to the partition of Lands. And the Memorialist 
conceiving it for his Majesty s service that the other part of the said act should come under 
the Consideration of the Council, and be also Amended, Humbly hoped their Honours would 
make such Amendments to the said Act and the Bill now before them, as his Majesty s Service 
required and to them should seem meet 

Which Memorials having been read 

Resolved, that the Council will take the same into consideration on Tuesday next 

A Message from the General Assembly with the Bill Entitled, An Act to continue An Act 
Entitled, An Act for amending and keeping in repair the Publick wells and Pumps in the City 
of New York desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read y e first time and 

Ordered to be read a second time 

The Council adjourned till three of the clock in .the afternoon 

Post Merid 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

The Honble James De Lnncey Esq r reported that himself with Col 1 Morris & Col 1 Schuyler 
from the General Assembly had waited on his Excellency with the Joint Address of both Houses 
to which his Excellency was pleased to return a favourable Answer which being read was 

Ordered, to be Entred in y e minutes and is as follows 



862 Journal of the Legislative Council of Neiv York. [ 2 !d IS . 

" Gentlemen of the Council $" General Assembly 

" I thank you for your Address and for this Instance of your care for the safety of that 
" Important Fortress of Oswego and the Province in General I shall comply with your advice 
" and shall dispatch my orders to send up the reinforcement you mention immediately 

G CLINTON 

The Council resolved themselves into a Committee to consider of the Bill Entitled, " An 
"Act for the better regulating the Militia of this Colony" and after some time spent therein 

The Speaker resumed the Chair 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had made some progress in the said Bill and 
had made some amendments thereto and desired leave to sit again 

Ordered, that Leave be given accordingly 

The Council adjourned till to morrow morning 9 of y e clock 



Saturday, Sept" 8 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee further to consider of the Bill Entitled, 
" An Act for the better regulating the Militia of this Colony 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made on Wednesday morning next 

Ordered, that the Bill Entitled, "An Act to continue An Act Entitled, An Act for mending & 
" keeping in Repair the publick Wells and Pumps in the City of New York " be now read the 
second time 

Then the said Bill was read the second time & 

Ordered, to be committed to the Gentlemen of the Council or any five of them 

The Council adjourned till Tuesday morning 9 of the clock 



Tuesday, SepV 11 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
Aiicn d KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Richard & Col 1 Lot with the Bill Entitled, "An Act to 
" raise and collect in this Colony the sum of three thousand two hundred pounds for putting it 
" in a proper posture of Defence and for discharging the several services which the present 
" state of affairs makes it necessary to provide for, desiring the concurrence of the Council 
thereto 

Ordtrcd, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read the second time 



1744.] The Hon. George Clinton, Esq: Governor. 863 

A Message from the Assembly by M r Nicol & M r Ludlow with the Bill Entitled, "An Act for 
"the Relief of y e poor in the Counties of Suffolk aud Orange" desiring y e concurrence of the 
Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read a second time 

A Message from the Assembly by M r Ludlow & M r Tappan with the Bill Entitled, "An Act 
" to authorize the Justices of the peace in the Countys of Dutchess and Orange in their General 
" Sessions to direct so many other constables and Overseers of the Highways to be chosen in 
" the several precincts as to them shall seem meet" desiring the concurrence of the Council 
thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered to be read a second time 

The Council adjourned till to morrow morning 10 of y e clock 



Wednesday, Sepf 12 *, 1744. 
The Council met according to adjournm 

PRESENT The Honblc CADWALLADER GOLDEN, Esq, Speaker, 

PHILIP LIVINGSTON, 
AiiCH d KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSJIANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by Capt" Van Home & M r Abraham Lott with the Bill 
Entitled, "An Act further to continue An Act Entitled, An Act for & towards supporting the 
" Government of this Colony by granting to his Majesty the Duties therein mentioned from the 
" first day of December 1740 to the first day of December 1741 " desiring the concurrence of 
the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read the second time 

A Message from the Assembly by M r Stilwell and M r Thomas with the Bill Entitled, "An 
" Act to continue An Act Entitled, An Act to restrain Hawkers & Pedlars within this Colony 
" from selling without Lycence, desiring the concurrence of the Council thereto 

Ordered, that the s d Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read the second time 

Ordered, that the Bill Entitled, " An Act for the relief of the poor in the Couutys of Suffolk 
" and Orange " be now read the second time 

Then the said Bill was read the second time & 

Ordered to be Committed to the Gentlemen of the Council or any five of them 

Ordered, that the Bill Entitled, " An Act to authorize the Justices of the peace in the Countys 
" of Dutchess & Orange in their General Sessions to direct so many other constables and 
" overseers of the High ways to be chosen in the several precincts as to them shall seem meet, 
be now read y c second time 

Then the said Bill was read the second time & committed to the Gentlemen of the Council 

The Council resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to make 
their Report, thoreon when the Council would be please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Houble Daniel Horsmanden Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had gone through the same & had directed 
him to report it with severa.ll amendments 

Then the said amendments were read and being agreed to and approved of 

Ordered, that the said Bill be read the third time as amended 

The Council resolved themselves into a Committee to consider of the Bill Entitled, "An Act 
" to continue An Act Entitled, An Act for mending and keeping in Repair the publick Wells 
" and Pumps in the City of New York 



8G4 Journal of the Legislative Council of New York. [ 2 3ds^ 

The Committee having duely weighed and considered of the said Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made ^ 

Then the Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through y e same & had directed 
him to report it without amendm 1 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the third time 

The Honble Daniel Horsmanden Esq Chairman of the Committee to whom the Bill Entitled, 
" An Act for the better regulating the Militia of this Colony " was referred according to order 
in his place reported that the Committee had gone through the said Bill and having duely 
weighed & considered the same had made several amendm 15 thereto which he delivered in 

Then the said Amendm 15 were read and on the Question being put were severally agreed to 
and approved of and 

Ordered, that the said Bill be read the third time as amended 

Then the Council adjourned till 4 of y e clock in the y e afternoon 

Post Merid 

PRESENT as before 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, " An Act for the better regulating the Militia of this Colony " 
be now read the third time as amended 

Then the said Bill was accordingly read the third time 

And on the Question being put 

Rtsolced, that the said Bill do pass as amended 

Ordt-red, that the Honble Daniel Horsmanden Esq r do carry the said Bill with the amendments 
made thereunto by the Council to the General Assembly & acquaint them that the Council have 
passed the said Bill with those Amendments to which they desire their concurrence 

Ordered, that the Bill Entitled, "An Act to continue An Act for mending and keeping in 
" repair the publick wells and pumps in the City of New York" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without any amendment 

The Councill resolved themselves into a Committee to consider of the Bill Entitled, "An 
"Act for the Relief of the poor in the Counties of Suffolk and Orange 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now mnde 

Then the Honble Daniel Horsmanden Esq 1 Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through the same & had directed 
him to report it without any amendm 1 

W T hich Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be read the third time 



Thursday, Sep T 13 A , 1Y44. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MUHUAY, Esq". 

The Speaker assumed the Chair 

Ordertd, that the Bill Entitled, " An Act to authorize the Justices of the peace in the Counties 
" of Dutchess & Orange in their General Sessions to direct so many other constables and overseers 



1744.J The Hon. George Clinton, Esq: Governor. 865 

" of the Highways to be chosen in the several precincts as to them shall seem meet, be now 
read the third time as amended 

Then the said Bill was accordingly read y e third time and 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble James De Lancey Esq r do carry the said Bill with the Councils 
amendments thereto to the General Assembly and acquaint them that the Council have passed 
the said Bill with those amendments to which they desire their concurrence 

Ordered, that the Bill Entitled, "An Act to raise and collect in this Colony the sum of three 
" thousand two hundred pounds for putting it into a proper posture of Defence and for discharging 
"the several services which the present state of affairs makes it necessary to provide for" be 
now read the second time 

Then the said Bill was read the second time & 

Ordered, to be committed to the Gentlemen of y e Council or any five of them 

Ordered, that the Bill Entitled, "An Act further to continue An Act Entitled, An Act for and 
"towards supporting the Government of this Colony by granting to his Majesty the Duties 
" therein mentioned from the first Day of December 1740 to y e first Day of December 1741 " 
be now read y e second time 

Then the said Bill was read the second time & 

Ordered to be committed to the Gentlemen of y e Council or any five of them 

Ordered, that the Bill Entitled, " An Act to continue An Act Entitled, An Act to restrain 
"Hawkers & Pedlars within this Colony from Selling without Lycence" be now read the 
second time 

Then the said Bill was read y e second time & 

Ordered to be committed to the Gentlemen of y e Council or any five of them 

Ordered, that the Bill Entitled, " An Act for the Eelief of the poor in the Counties of Suffolk 
" & Orange " be now read y e third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Council adjourned till to morrow morning 10 of the clock 



Fryday, 8ept r 14 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col 1 Morris & M r Verplanck with the Bill Entitled, 
" An Act for securing of his Majesty s Government of New York " desiring the concurrence of 
the Council thereto 

A Message from the General Assembly by M r Richard & M r Nicol with the Bill Entitled, 
"An Act for the better Regulating the Militia of this Colony, and the Amendments made by 
the Council thereto and to acquaint the Council that that House do agree to all the amendments 
Except the 6 th 18 th 19 th & 35 th 

Then the said Amendments were read and the Council taking the same into consideration the 
Question was put 

Whether the Council do adhere to their Sixth Amendment? 

The Council thought proper to recede from the said Amendment 

Then the 18th Amendment was again read and the Question was put 

Whether the Council do adhere to that amendm ? 

Resolved unanimously, to adhere to the said amendment 

Then the 19 th amendment was again read and the Question put ? 

Whether the Council do adhere to that amendm 

Resolved unanimously, to adhere to y e s d amendm 

Then the 35 th amendment was again read and the like Question put 

The Council thought proper to recede from the said amendment 

109 



866 Journal of the Legislative Council of New York, [ 



23d A seem. 
3d Seea n. 



Ordered, that the Honble Daniel Horsmanden Esq r do carry back the said Rill & amendments 
to y e General Assembly & acquaint them that the Council have unanimously llesolved to adhere 
to their 18 th & 19 lh amendments but do recede from the sixth and 35 th 

A Message from the General Assembly by M r Le Count & M r Stilwell with the Bill Entitled, 
" An Act to alter the time of Electing the Vestry men & Ciiurch Wardens in the County of 
" Richmond" desiring the concurrence of the Council 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered, to be read the second time 

The Council resolved themselves into a Committee to consider of the Bill Entitled, " An 
Act to continue An Act Entitled, An Act to restrain Hawkers and Pedlars within this Colony 
from selling without Lycence, and also of the Bill Entitled, " An Act further to continue An 
Act Entitled, An Act for and towards supporting the Government of this Colony by granting 
to his Majesty the Duties therein mentioned from the first day of Dec r 1740 to y e first day of 
Dec r 1741 

The Committee having duely weighed and considered of the said Bills and being agreed on the 
Report by them to be made thereon 

The Speaker resumed the Chair 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bills 
were referred in his place reported that the Councill had gone through y e same and had directed 
him to report them without any amenrlm 1 

Which Report on the Question being put was agreed to and approved of and the said Bills 
were;. 

Ordered to be read the third time 

Then the said Bills were read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass 

Ordered, that the Honble Philip Livingston Esq r do acquaint the General Assembly that y" 
Council have passed the said Bills without any amendm 

A Message from the General Assembly by M r Haasbrook & M r Tappan with the Bill Entitled, 
" An Act for the better clearing & further laying out Publick High Roads in Dutchess County" 
desiring the concurrence of the Council thereto 

Then the said Bill was read the first time and 

Ordered to be read the second time 

The Council Resolved themselves into a Committee to consider of the Bill Entitled, " An 
" Act to amend part of An Act Entitled, An Act for Regulating the payment of his Majesty s 
" Quit Rents and for partition of Lands in order thereto so far as the same relates to the partition 
" of Lands 

The Council having duely weighed & considered of the said Bill and being ready to make 
their report thereon when the Councill would be pleased to receive the same 

The Speaker resumed the Chair. 

Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had gone through the said Bill and had directed 
him to report it with an amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read y e third time as amended 

Then the said Bill was accordingly read the third time and 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble Archibald Kennedy Esq r do carry the said Bill with the amendment 
to the General Assembly & acquaint them that the Council have passed the said Bill with that 
amendment to which they desire their concurrence 

A Message from the General Assembly by M Ludlow and M Tappen to acquaint the Council 
that the Assembly cannot agree to the amendments made by the Council to the Bill Entituled, 
An Act to authorize the Justices of the peace in the County of Dutchess and Orange in their 
General Sessions to direct so many other Constables and overseers of the High Ways to be 
chosen in the Several Precincts as to them shall seem meet 

A Message from the General Assembly by Coll Morris & Coll Philipse to acquaint the Council 
that the Assembly do agree to the 18 th and 19 th amendments made by the Council to the Bill 
Entituled, An Act for the better regulating the Militia of this Colony and desire it may be 
amended accordingly 

A MessMge from the Assembly by Collonel Morris and M r Ludlnw with the Bill Entituled, 
An Act to amend part of An Act Entituled, An Act for Regulating the payment of his Majesjj.es 
Quit Rents and for Partition of Lands in order thereto, so far iis the same relates to the Partition 
of Lands and the amendments made by the Council thereto and to acquaint the Council that 
that House do not agree to the Amendments made by the Council to the said Bill 

The Council adjourned till to morrow morning 10 of y e clock 



1744.] The Hon. George Clinton, Esq: Governor, 8(V7 

Saturday, Sqrf 15 ", 1744. 
The Council met according to adjournment 

PRESENT The Honoble CADWALLADER GOLDEN, Esq r , Speaker, 

M r LIVINGSTON, 

M r KENNEDY, 

M r CHIEF JUSTICE, 

M r HORS.MANDEN, 

M r MURRAY. 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the Bill Entituled, "An Act 
" to raise and collect in this Colony the sum of three thousand two hundred pounds for putting 
" it in a proper posture of Defence and for discharging the several services which y e present 
" state of Affairs make it necessary to provide for 

The Committee having made some progress in the said Bill 
The Speaker resumed the Chair 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had made some progress on the said Bill and 
desired leave to sit again 

Ordire/l, that Leave bo given accordingly 

Ordered that the Bill Entitled, "An Act to alter the time of Electing the Vestry Men & 
" Church Wardens in Richmond County, be now read y e second time 
Then the said Bill was read y e second time and committed 
The Council resolved themselves into a Committee to consider of the said Bill 
The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereun when the Council would be pleased to receive the same 
The Speaker resumed the Chair 
Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said" Bill was 
referred in his place reported That the Committee had gone through y e s d Bill and had directed 
him to report it with an Amendm* 

The said Amendment was read and the Report on the Question [being] put [was] approved of 
and agreed to 

Ordered, that the snid Bill be read y e third time as amended 

Ordered, that the Bill Entitled, An Act for Securing his Majesty s Government of New York 
be now read the second time 

Then the said Bill was read y e second time & committed to the Gentlemen of the Council of 
any five of them 

Ordered, that the Bill Entitled, An Act for y e better clearing and further laying out publick 
High Roads in Dutchess County be now read the second time 
Then the said Bill was read the second time & committed. 
The Council resolved themselves into a Committee to consider of the said Bill 
The Committee having duely weighed and Considered of the said Bill and being ready to 
make their Report thereon when y e Council would be pleased to receive the same 
The Speaker resumed the Chair 
Ordei-id, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom y e s d Bill was 
referred in his place reported that the Committee had gone through the s d Bill and had directed 
him to report it without Amendment 

Which Report on y e Question being put was agreed to and approved of and 
Ordered, that the said Bill be read y e third time 

A Message from the Assembly by Col 1 Morris & Col 1 Philipse with the Bill Entitled, " An Acfc 
" for paying out of the Funds appropriated for the support of this Government the salaries and 
" services therein mentioned, desiring the concurrence of the Council 
Then the said Bill was read y e first time & 
Ordered a second reading 

A Message from y e Assembly by M r Richard & M r Stilwell with the Bill Entitled, An Act for 
Naturalizing Isaac Abrahams & Peter De Wint desiring the concurrence of the Council thereto 
Then the said Bill was read y r first time & 
Ordered to be read a second time 
The Council adjourned till Tuesday morning 10 of y e clock 



868 Journal of the Legislative Council of New York. [ 2 i 

luesday, Sept? 18 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble CADWALLADER COLDEN, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, " An Act to alter the time of Electing the Vestry men and 
" Church Wardens in Richmond County be now read the third time as amended 

Then the said Bill was read y e third time and 

On the Question being put 

Resolved, that the s d Bill do pass as amended 

Ordered, that the Honble Joseph Murray Esq r do carry the said Bill with the amendment 
made thereto by the Council to the General Assembly & acquaint them that the Council have 
passed the said Bill with that amendm 1 to which they desire their concurrence 

A Message from the Assembly by Capt n Van Home & Cap" Livingston with y e Bill Entitled, 
" An Act to Establish the Rates to be taken for Wharfage of ships and other Vessels using the 
" three Wharfs therein mentioned, desiring the concurrence of the Council 

Then the said Bill was read y e first time & 

Ordered, to be read y e second time 

The Council taking into consideration their amendment made to the Bill Entitled, " An Act 
" to amend part of An Act Entitled, An Act for Regulating the payment of his Majestyes Quit 
" Rents and for partition of Lands in order thereto so far as the same Relates to y e partition of 
" Lands, and the said amendment having been read 

Resolved, that the Council do recede from their said amendment 

Ordered, that y e Honble Philip Cortlandt Esq r do acquaint the Assembly therewith 

Ordered, that the Bill Entitled, " An Act for y e better clearing & further laying out publick 
" High Roads in Dutchess County" be now read the third time 

Then the said Bill was read y e third time & 

On the Question being put 

Resolved that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the Assembly that y e Council 
have passed the said Bill without any amendm 1 

The Council resolved themselves into a Committee to consider of the Bill Entitled, An Act 
to prevent the Destruction of Sheep by Dogs 

The Council having duely weighed and considered of the said Bill and being ready to make 
their Report thereon when y e Council would be pleased to receive y e same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that y e Committee had gone through y e same and had directed 
him to report the same with some amendments 

Which Amendm 18 having been read were agreed to & approved of and 

Ordered, that y e s d Bill be read y e third time as amended 

Then the said Bill was accordingly read y e third time & 

On y e Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that y e Honble James De Lancey Esq r do carry the said Bill and Amendm" to y e 
General Assembly & acquaint them that y e Council have passed the s d Bill with those Amending 
to which they desire their concurrence 

A Message from the General Assembly by M r Le Count & M r Stilwell with the Bill Entitled, 
An Act to prevent the destruction of Sheep by Dogs & y e Councils amendments thereto and to 
acquaint them that y e Assembly do agree to y e s d amendm" & desire y e Bill may be amended 
accordingly 

Then the s d Bill was accordingly amended 

The Council adjourned till 4 P Merid 



1744.] The Hon. George Clinton^ Esq: Governor. 869 

Post Merid 
The Council met according to adjournment 

PRESENT as before 

The Speaker assumed the Chair 

A Message from y e Assembly by M r Richard & Capt" Van Home with the Bill Entitled, An 
Act to lay a Duty on Empty Casks not made in this Colony that shall be imported into the 
City of New York, desiring y e concurrence of y e Council thereto 

Then the said Bill was read y e first time & 

Ordered to be read y e second time 

A Message from the Assembly by Cap" Winne & M r Glen with the Bill Entitled, An Act for 
raising the sum of three hundred pounds for finishing & compleating the Fortifications in the 
City of Albany desiring the concurrence of y e Council 

Then the said Bill was read y e first time & 

Ordered to be read y e second time 

The Council adjourned till to morrow morning 10 of the clock 



Wednesday, Sq)t r 19 A , 1744. 
The Council met according to adjournm 1 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to Establish the Rates to be taken for Wharfage of 
Ships & other Vessells using the three Wharfs therein mentioned, be now read y e second time 

Then the said Bill was read y e 2 a time & 

Ordered to be committed 

The Council resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when y e Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that y e s d Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of y e Committee to whom the said Bill was 
referred in his place reported that y e Committee had gone through the said Bill & had directed 
him to Report it without Amendm 

Which Report on y e Question being put was agreed to & approved of & 

Ordered, that y e s a Bill be read y e third time 

Ordered, that the Bill Entitled, An Act to lay a Duty on Empty Casks not made in this 
Colony that shall be imported into the City of New York, be now read the second time 

The said Bill was read the second time & 

Ordered to be Committed 

Ordered, that the Bill Entitled, An Act for raising the sum of three hundred pounds for 
finishing and compleating the Fortifications in the City of Albany, be now read the second 
time 

Then the said Bill was read y e second time & 

Ordered to be committed 

The Council resolved themselves into a Committee to consider of the said Bills 

The Committee having duely weighed & considered of the said Bills & being ready to make 
their Report thereon when the Council would receive y e same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bills 
were referred in his place reported that the Committee had gone through y e same & had directed 
him to Report y m without amendment 

Which Report on the Question being put was agreed to & approved of & 

Ordered, that the said Bills be severall read y e third time 



870 Journal of the Legislative Council of New York. [ 2 ?^ fS 

Ordered, that y e Bill Entitled, An Act for naturalizing Isaac Abrahams & Peter De Wint be 
now read y e second time 

Then the said Bill was read y e second time & 

Ordered to be committed 

The Council adjourned till to morrow morning 10 of y e clock 



Thursday, SepV 20 *, 1744. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq, Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSJIANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

Ordered, that y e Bill Entitled, An Act to Establish the Rates to be taken for Wharfage of 
ships and other Vessels using the three Wharfs therein mentioned, be now read the third time 

Then the said Bill was read y e third time & 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Bill Entitled, An Act to lay a Duty on Empty Casks not made in this 
Colony that shall be imported into the City of New York be now read y e third time 

Then the said Bill was read the third time & 

On the Question being put 

Resolved, that y e said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that y e 
Council have passed the said Bills without any amendm 

Order d, that the Bill Entitled, An Act for raising y e sum of three hundred pounds for finishing 
and compleating the Fortifications in the City of Albany be now read the third time 

Then the said Bill was read the third time & 

On the Question being put 

Whether the said Bill do pass ? 

It passed in the affirmative 

Res ilved, that the said Bill do pass 

Ordered, that the Honble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without any amendment 

The Council resolved themselves into a Comitt.ee to consider of the Bill Entitled, "An Act 
" for Naturalizing Isaac Abrahams & Peter De Wint 

Th Council having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when y e Council would be pleased to receive the same 

The Speaker resumed y e Chair 

Ordered, that the said Report be now made 

Then the Honble Daniel Horsminden Chairman of y e Comee to whom the said Bill was 
referred in his place reported that y e C >uncil had gone through y e said Bill & had directed him 
to report the same with some amendm" 

Then y e s d amendm" were read & 

On the Question being put y e Report was agreed to & approved of and 

Ordered, that y e s d Bill be read y e third time as amended 

Then the said Bill was accordingly read y e third time & 

On y e Question being put 

Resolved, that the said Bill do pnss as amended 

Ordered, that y e Honble Daniel Horsmanden Esq r do carry the s d Bill with the amendm" af d to 
y c Assembly & acquaint them that y e Council have passed the s d Bill with those amendm" to 
which they desire their concurrence 

The Council resolved themselves into a Committee to consider of y e Bill Entitled, An Act for 
securing his Majesty s Government of New York 

The Committee having duely weighed & considered of y e s d Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 
Ordered, that the s d Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the s d Bill was 
referred in his place reported that the Council had gone through the said Bill and had directed 
him to report the same with several amendments 



The Hon. George Clinton, Esq: Governor. 871 

Then y e s d amendments were read & 

On the Question being put were agreed to and approved of 

Ordered that ihe s d Bill be read y e third time as amended 

The said Bill was accordingly read y e third time & 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Honble Joseph Murray Esq r do carry the said Bill & amendm" to the 
General Assembly & acquaint them that y e Council have passed that Bill with those amendm" 
to which they desire their concurrence 

A Message from y e Assembly by M r Richard & M r Stilwell with y e Bill Entitled, " An Act for 
Naturalizing Isaac Abrahams & Peter De Wint & y e Councils amendments thereto & to acquaint 
them that y c Assembly do agree to those amendin 8 & desire y e Bill may be amended accordingly 

Then y e s d Bill was accordingly amended 

The Council resolved themselves into a Committee further to consider of the Bill Entitled, An 
Act to raise & collect in this Colony the sum of three thousand & two hundred pounds for 
putting it in a proper posture of Defence and for discharging the several services which y e present 
state of affiirs makes it necessary to provide for 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

Ordered, that the said Report be now made 

The Honble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill 
was referred in his place reported that the Committee had gone through y e said Bill and had 
directed him to report the same without any amendment 

Ordered, that the said Bill be now read y e third time 

Then the s d Bill was read y e third time & 

On the Question being put 

Rcsolt id, that the said Bill do pass 

Ordered, that the Honble James De Lancey Esq r do acquaint the Assembly that the Council 
have passed the said Bill without any amendm 

The Council adjourned till to morrow morning 9 of the clock 



Fnjday, SepF 21", 1744. 
The Council met according to adjournment 

PRESENT The Honble ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCEY, 

PlIILlP CORTLANDT, 

DANIEL HOUSJIANDEN, 
JOSEPH MURRAY, Esq rs . 

The Speaker assumed the Chair 

His Excellency communicated to the Council by Jn Catherwood Esq r his private secretary a 
Message he had received from the General Assembly which was read & 

Ord/rcd to be Entred in y e Minutes & is as follows 

The House (according to order) took into consideration " His Excellencys Message of 
" yesterday ;ind do remember that in the Speech he was pleas d to make at the beginning of 
" this meeting it was proposed to concert measures about the conduct of the war with 
" Commissioners from the Province of the Massachusetts Bay 

"It may likewise be remembred that in expectation of their soon being here (as it was 
generally given out) the House did not enter upon Publick Affairs so early nor with that 
" Dispatch as it would otherwise have done 

It may be also remembred that the House has however made such provision for the service 
" and security of the Colony and come to such Resolutions concerning other events that may 
" happen, as has been allowed to be as much as could be done at present 

" And upon the whole the House is unanimously of opinion that it would be imprudent in 
" them to engage in any scheme before a plan of it was imparted to them from which they might 
"form a Judgment of the thing and how far the Colony might be able assist in Execution 
" thereof 

" Ordered, that Col Morris and Col Philipse wait on his Excellency with the above opinion 
" of this House on his last Messuage 

The Council taking into consideration the printed Votes and proceedings of the Assembly on 
the 5 Instant and likewise their answer of the 19 Instant to his Excys Message to them which 
his Excellency was pleased to communicate to the Council this day and observing several 



872 Journal of the Legislative Council of New York. [ ^ e s 8 8 B c ; 

mistakes and misrepresentations contained in the said printed Votes on which they conceived the 
said answer to his Excellence s Message was erroneously grounded 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that the 
Council do desire a conferrence with y m to morrow morning at 11 o clock in the Court Room &c 
upon the subject matter of the printed Votes and proceedings of that House on the 5 th Instant 
with respect to some mistakes which the Council conceive to be therein committed touching 
the representation of the proceedings at the conferrence between the Council and General 
Assembly held that day and that they have appointed the Hono ble James De Lancey and Joseph 
Murray Esq rs to be Mannagers on behalf of the Council at the said conferrence, and that they 
desire the General Assembly would appoint Mannagers to meet the Mannagers of the Council 
at the time and place aforesaid 

Ordered, that the Hono ble James De Lancey and Joseph Murray Esq" do prepare a Draught 
of reasons to be offered at the said Conferrence 

A Message from the Assembly by M r Livingston and M r Winne to acquaint the Council that 
the Assembly agree to the amendments made to the Bill Entituled, An Act for Securing his 
Majesties Governm 1 of New York and desire the Bill may be amended accordingly 

Then the said Bill was accordingly amended 

A Message from the Assembly by M r Pierson and M r Cornell with the Bill Entituled, An Act 
to prevent the destruction of Sheep by Dogs and y e Councils amendments thereto and acquaint 
them that the Assembly have agreed to the said amendments and desire the said Bill may be 
amended accordingly 

Then the said Bill was accordingly amended 

The Council resolved themselves into a Committee to consider of the Bill Entituled, An Act 
for paying out of the ffunds appropriated for Support of this Government the Salaries and 
Services therein mentioned 

The Committee having duly weighed and considered of the said Bill and being ready to make 
their report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Hono ble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had gone through the said Bill and had 
directed him to report it without any Amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that y e said Bill be read the third time and 

On y e Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the Assembly that the Council 
have passed the said Bill without any amendment 

Then the Council adjourned till 3 of the clock Post Merid 

The Council met according to adjournm* 

PRESENT as before 

The Hono ble James De Lancey and Joseph Murray Esq" laid before the Council a Draught of 
Reasons to be offered at the Conferrence with the General Assembly according to the order of 
this morning which having been read were approved of and 

Ordered, to be entred in the Minutes and are as follow 

REASONS to be offered by the Managers for the Council at the Conferrence 

The Council having perused the report of the free conferrence between the Council and 
Assembly printed in your votes and proceedings on the 5 th Instant found themselves under a 
necessity of having a conferreuce with you, in order to rectifye some mistakes in the penning of 
those minutes. 

First, it is therein incerted, " that your House being returned from the said free conferrence (i: e. 
" from the second meeting in the afternoon) the Speaker resumed the Chair and reported that 
" Coll Morris having acquainted the Council with the Reasons why the House conceived that a 
" ffort at the place mentioned by them would be far from Answering the end they had proposed 
" by it and that those reasons seemd satisfactory to the Council 

On this part of the report the Council observe that they in no wise expressed that seeming 
satisfaction, nor did they think the Arguments offered by the Assembly against building a ffort 
at y e place recommended by the Council, could be judged to countervail the Reasons they had 
assigned for it. The Reasons given by the Council in the morning of that day s conferrence, 
for building a fort at the particular place by them mentioned, were in substance as follows 

That Place is a Pass of great consequence, which tis necessary to keep open to preserve a 
communication between Albany and Oswego and other places of Importance, for sending & 
receiving Intelligence, and to secure the march and retreat of fforces, on any emergency, that 



1744.] The Hon. George Clinton, Esq : Governor. 873 

might require it in this time of warr, and that if a ffort be not built there, that pass may be in 
danger of falling into the Enemys hands. These Reasons were particularly and largely urged 
and explained by the Council, besides some others then offered by them, which they conceive 
to be of great weight, though prudence forbids the publishing them on this occasion 

In answer to which the Managers for y e Assembly in the afternoon of that days Conferrence 
Said, 

That their House had come to a Resolution and it was their unanimous opinion, that 
" if a ffort was erected at the place recommended by the Council, it would in no wise answer 
<r the end they proposed by it ;" to the purpose as it appears in the printed minutes of proceeding 
page 38. 39 and assigned their reasons lor that opinion in substance as follows 

For that people might march from Albany to y e places mentioned in y e Conference without 
going through that pass, and that an Eschort of 2-3 men would on all occasions serve the purposes 
proposed by the Council for building that ffort 

Whereupon the Council observe; That as it was not denyed the place proposed is now y e 
common pass from Albany to the places mentioned by the Council, and that every other way 
must lead a greater circuit, and is more dificult for travelling, (which is likewise notorious) the 
Council leaves it to be Judged, whither the answers of the Assembly to y e Reasons offered by 
the Council on this head could seem to be satisfactory to them 

Tis true the Council gave no reply to this answer of the Assembly in the afternoon, because 
they were told in express terms that the Assembly had before hand come to a Resolution on thia 
point, and after it had been taken notice of as Extriordinary, that the Assembly (whilst the 
Conferrence was kept open for further debate) should have prejudged the matter by coming to 
a Resolution upon it before the Conferrence was at an end ; This Expression was endeavoured to 
be paliated by saying it was the unanimous opinion of the Assembly, and therefore the Council 
think themselves well Justifyed in their forbearance to urge a point further at that time upon 
which they were told the Assembly had already determined, or which was against their 
unanimous opinion, the doing of which the Council could not but Judge to be in vain, however 
reasonable y e thing it self might appear to be ; and when the disputing the Assemblys reasons 
on that Head would probably have tended to no other purpose than to retard or prev other 
Resolutions of your House, which the Council thought necessary to be taken without delay 

In the second place the Council observe that in the said printed minutes of proceedings it is 
inserted " That the Council did allow no more could be expected to be done at present upon 
this occasion" i e. as the Council must suppose the said printed minutes were intended to 
insinuate that the Council did allow no more could be expected to be done at that time by the 
Assembly with respect to all those matters which were the subjects of debate in that Conferrence 

Whereas the Council were far from making any such general concessions or allowance 

The Council observe that the report made to your House upon your return from the Conferrence 
in \ e afternoon, according to the said printed minutes consisted of three particulars, besides the 
first article concerning the building a ffort already spoken to, the two first relating to Oswego, 
the third and last touching the Councils proposals for both Houses joining in an Address to his 
Excellency, Entered in these words And Lastly that if y e Council thought proper to address 
" his Exc y on those two Heads, the House would join therein" And then concludes with the 
following words "And that the Council did allow no more could be expected to be done at 
" present upon this occasion i. e than what the Assembly had agreed to, which general assertion, 
as the Council conceive does conclude to every topick which was the suhj of the debates at that 
Conferrence, and if it wnre intended so to be understood, the Council must insist txvas founded 
on misapprehension or mistake, had the report concluded the first & second of these three 
particulars with the general assertion that concludes the third That the Council did allow no 
" more could be expected to be done at present upon this occasion, i. e. with respect to those 
two particulars concerning Oswego, then the Representation had been proper and Just, for it 
must arid ought, and cannot but be remembred, That as relative and pertinent to the affair of 
Oswego and y e building a Fort at the pass mentioned in the Conference, the Council did 
streniously urge the Assembly to come to a Resolution to make provission for defraying the 
Expence of Commissioners to be appointed by his Ex y to treat with others already appointed by 
the neighbouring Governments, touching the conduct of the war in these parts against the 
subjects of the ffrench King, pursuant to his Excellencys Recomendation in his speech at the 
opening of this Session, and that the same might be incerted in the Address then proposed to be 
joined in, for y e reasons offered by the Council which were in substance as follow 

That such a Resolution in the Assembly would in all probability have the following good 
effects 

1 st As to the Indians. As those people know the strength of our Colonys to be far Superior 
to the ffrench our near neighbours and that these Colonys uniting in a common defence, and 
entering into measures for a joint conduct of the War in these parts, as well offensively as 
defensively such a conjunction would be the most likely means of securing the Six Nations of 
Indians in their fidelity to his Biitanick Majesty, and prevent their being seduced by the ffrench 
2 lJ| y As to the ffrench in these parts on this Continent. That such an Union and concert of 
measures upon the present conjuncture, might also be a means of deterring the ffreuch (who 

110 



874 Journal of the Legislative Council of New York. [ 2Sd Afsem 



3d Scss n. 



twas likely would soon be informed of such an event) from making any attacks upon our 
Settlements and moreover that twas most probable when the rest of the Colonys should be 
informed that such commissioners were appointed by this Governm 1 for these ends, they might 
be induced to follow so laudable Examples, and join with us in the Support of the before 
mentioned important Fortress, and assist us with a proportion of men and money for y l purpose 

To all which no other answer could be obtained from the Assembly than that they waited to 
see the Commissioners from Boston at this place 

To which y e Council replyed in substiince That the Expectation of seeing Commissioners 
from Boston at this place, was so far from being a good reason for the Assemblys delay of 
resolving upon so material a point that twas most likely the reason that retarded the Journey of 
those Commissioners hither was that they did not hear that the Assembly had as yet come to a 
Resolution to make a provision for this purpose according to his Excellencys Recommendation, 
and that this was the very reason that hindred these commissioners from coming hither, 
appeared to the House soon after, by a paragraph of a letter from one of them to a Member of 
your House, which was communicated to you so that from the time of this notice, at least, the 
Expectation of seeing those Commissioners here, must have ceased, nor can y e Council conceive 
any just colour or pretence for y e making use of this expectation as a reason for delaying any 
other publick business (which bore no relation to this point) antecedent to this notice, and 
assigning it as the cause of protracting this Session to so great a length, this is what y e Council 
could never have immagined to have been realy the case, nor that it could have been made use 
of as such, had not his Excellency been pleased to lay before the Council your answer to his 
Excellencys Message of the 18 th Instant reiterating his Recommendation for your making 
provision for this material article ; His Excellency might well be surprized and utterly at a loss 
to know the meaning that your House should exact in so elevated a Style the general Assent to 
Facts to which his Exc y and the Council were utter strangers His Excellency could not 
know but your opinion might be grounded upon some transactions between the two Houses 
which had not yet fallen under his notice, and therefore was pleased to refer it to y e Council if 
perchance they might be able to unfold the mystery 

And as this answer toy e Governours Message does in y e Judgment of the Council relate to y e 
last mentioned point proposed by the Council at y e last conferrence, and does plainly allude to 
and is founded upon y e same mistakes apparent in the before mentioned printed minutes of the 
proceedings, the Council conceive they very properly animadvert upon it in their debates at this 
time, as Relative to the subject matter of that conferrence And the Council will not doubt hut 
the Assembly will do Justice to his Excellency as well as the Council and themselves in Rectifying 
the said printed minutes of proceedings 

A Message from his Excellency by the Deputy Clerk of the Council acquainting them that 
his Exc y being Indisposed with the Gout required their attendance at his Residence at Greenwich 

The Council adjourned to his Excellencys at Greenwich where being met 

His Excellency in presence of the Council and General Assembly gave his assent to the 
following Bills viz* 

An Act for the better regulating the Militia of this Colony 

An Act to continue An Act Entituled, An Act for mending and keeping in repair the publick 
wells and pumps in the City of New York 

An Act to amend part of An Act for regulating the payment of his Majestyes Quit Rents and 
for partition of Lands in order thereto so far as the same relates to the partition of Lands 

An Act to prevent the Distruction of Sheep by Doggs 

An Act to raise and collect in this Colony the sum of three thousand two hundred pounds for 
puting it in a proper posture of defence and for discharging the several services which the 
present state of affairs makes it necessary to provide for 

An Act to authorize the Justices of the peace in the Countys of Dutchess and Orange in their 
Gen 1 Sessions to * -t so many other constables and overseers of the Highways to be chosen in 
the several preci.._>... as to them shall seem meet 

An Act for the Relief of the poor in the Counties of Suffolk and Orange 

An Act further to continue An Act Entituled, An Act for and towards supporting the 
Government of this Colony by granting to his Majesty the dutys therein mentioned from the 1 s 
day of December 1740 to the 1 st day of December 1741 

An Act to continue [An Act] Entituled, An Act to restrain Hawkers and Pedlars within this 
Colony from selling without Lycence 

An Act for the better clearing and further laying out publick High Roads in Dutchess County 

An Act for securing his Majestys Governm in New York 

An Act to alter the time of electing Vestry men and Church wardens in Richmond County 

An Act for paying out of the funds appropriated for support of this Government the salaries 
services therein mentioned 

An Act to Establish the Rates to be taken for wharfage of ships and other vessells using the 
three wharfs therein mention d 

An Act to lay a duty on Empty Casks not made in this Colony that shall be imported into 
the City of New York 



1745.] The Hon. George Clinton, Esq: Governor. 875 

An Act for raising the sum of three hundred pounds for finishing and compleating the 
Fortification in the City of Albany and 

An Act for naturalizing Isaac Abrahams and Peter De Wint 
After which the Council returned to the City Hall 

PRESENT as before 

The aforesaid Acts were published in the usual manner And his Excellency having directed 
the General Assembly to adjourn themselves to the first Tuesday in November next 
Tiie Council adjourned to the first Tuesday in the month of November 



Tuesday, November the 6 A , 1744. 

The Council met according to adjournm but as there was not a suff number of y e members 
of the Gen 1 Assembly met to proceed on business the Council adjourned to the first Tuesday in 
December next. 



laesday, December the 4 *, 1744. 

The Council met according to adjournm and further adjourned themselves to the first Tuesday 
in ffebruary next. 

On which day the Council met & adjourned themselves to the first Tuesday in March foils 



Tuesday, March the 5 ", 1744. 

The Council met according to adjournm and his Excellency the Gov r having prorogued the 
General Assembly to the 12 Instant The Council adjourned to the same day 



TWENTY-THIRD ASSEMBLY FOURTH SESSION. 

At a Session of the Council and General Assembly began at the City Hall in the 
City of New York, on Tuesday the 12 of March, 1744. 

The Council met according to adjournment 
PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

His Excellency being come to the Council Chamber attended as usual sent a Message by the 
Deputy Clerk of the Council to the General Assembly requiring their immediate attendance at 
the Council Chamber 

The General Assembly attending accordingly with their Speaker 

His Excellency made a Speech to the Council and General Assembly and delivered one copy 
theivof to the Speaker of the Council and another to the Speaker of the General Assembly 

After which his Excellency left the Council Chamber 

The Speaker resumed the Chair 

Ordered, that his Excellency s Speech be read. Which being read was 

Ordered to be entred in the minutes & is as follows 



876 Journal of the Legislative Council of New York. E^fhs" 

Gentlemen of the Council, and the General Assembly, 

At this critical Conjuncture, I flatter myself, you are met with warm Dispositions, to exert 
your most vigorous Endeavours, in promoting his Majesty s Service, and the true Interest of 
your Country. 

From the Attempts made by the French, last Summer, upon Annapolis-Royal, the Province 
of the Massachusets-Bay, animated with a becoming Resentment of the Indignity, have been 
meditating a Design against the French Settlements, to prevent the like Invasions for the future, 
upon that, or any other of his Majesty s Colonies in those Parts; and after a minute Examination 
and Enquiry into the Strength of their Forces and Fortifications, by Persons well acquainted 
with them, both in Peace and War, the Legislature of that Province, came to a Resolution to 
make an Attack upon them, with such Land and naval Force, as they can raise amongst 
themselves, such of his Majesty s Ships of War, as may be had, and such Ships and Land Forces, 
as they depend upon having added to their Strength, by Assistance from the neighbouring 
Governments, to act in Concert with them. 

Upon this Head, Governor Shirley, sent two of the Commissioners for that Province hither, 
and wrote to me in the most pressing Terms, to recommend it to you in the strongest Manner, 
to contribute a proportional Strength, of Land and naval Force, to join them upon this important 
Enterprize, not doubting but we should be sensible how much the Success of it, would redound 
to his Majesty s Service, the Interest of the British Dominions in general, as well as the Northern 
Colonies in particular. 

For my Part, being convinced, how manifestly this Expedition, is calculated for the Honour 
of his Majesty, and the Interest of his Subjects, I did upon the Occasion, what has been 
requested, and could be expected from me mediately, and what I thought behoved me to do, 
with the utmost Dispatch, upon the publick Faith; I have sent away ten Pieces of Field 
Ordnance to Boston, with their Implements, without which all other Preparations must have 
been frustrated ; and I do most earnestly recommend it to you, to use all Diligence, in taking 
proper Measures, that this Province may bear its full Proportion in Concert with their 
Neighbours, in carrying on this important Enterprize; as the Consequence of our Success in it, 
would in all humane Probability, be of infinite Advantage to this Province. 

Gentlemen of the General Assembly, 

There were some Particulars I recommended to you, at your last Meeting, which had not so 
much of your Attention, as the Importance of them should have seemed to require. 

It may be very uncertain, what Time our station Ship will be returned hither, from the West- 
Indies, or what Condition it may be in for Service when it is ; and till it is arrived and re-fitted, 
our Coast and Trade must be without the necessary Protection : It would therefore, surely 
much become us, to have a Province Vessel of sufficient Force, at all Times during the War, 
not only to guard ourselves, but upon Occasion, to send to the Assistance of our Neighbours, 
from whom we might with Reason, expect the like good Office : To our Discredit, other Colonies, 
which are none of them better able to Support that Expence, and pirhaps have less at Risque, 
have not grudged the Cost of taking that prudent Measure, in providing for their own Security; 
I cannot but think it an Article, worthy your immediate Care. 

The Necessity of an Agent at the Court of Great-Britain, may now he more apparent to you, 
from a late Instance in a Clause in a Bill, said to have been brought into Parliament, concerning 
the Paper Currency in these Colonies, of which however, you had not, nor indeed could you 
expect, any direct Notice or Information ; for Want of such an Officer, how can the Afl airs of 
this Government be properly negotiated? This I have several Times recommended to you, but 
hitherto without Effect 

The frequent Representations made to me, by the Commissioners of Indian Affairs, of the 
absolute Necessity there is for building two more Forts upon our Frontiers, in proper and 
convenient Places to be assigned, prevail with me, to renew my Instances with you, to come to 
speedy Resolutions, to make effectual Provision for that Service, that they may be erected with 
the utmost Dispatch. 

The Advantages of Course arising, from the Building such Fortresses, are the great Protection 
they must afford to our Out-Settlements, would in great Measure pacify and quiet those People in 
their Possessions; it would draw more Christians to reside in greater Bodies amongst the Indians 
upon our Frontiers, and thereby add Strength to them, and ourselves ; and it would be the most 
likely means that can be thought on, effectually to retain the Six Nations, in their Fidelity to 
the British Interest; on the contrary, for Want of such a Countenance, the Indians grow cool 
and indifferent towards us, as we seem remiss and careless of their Security: And if we are 
longer without such Places of Refuge, for a Retreat in Case of any Incursions into the Country 
by the French, or their Indians, many Christian Families, will be obliged to desert their 
Possessions, abandon the Profits of many Years hard Labour, and be forced to Beggary and 
Want; a most deplorable Case, and must draw after it a Train of Evils, which may be almost 
as easily prevented as foreseen ; how expedient it is to have such Fortifications, may more 
evidently appear by the Commissioners Letters, which I shall lay before you. 



1745.] The Hon. George Clinton, Esq: Governor. 877 

During the War with the French, it will he proper to have more frequent Interviews with 
the Indians, and that you make Provision Cor that Purpose. 

Provision should likewise be made for the Charges of sending up the fifty Men of the Militia, 
to Oswego, their Victualling and Subsistence, for the Time past, and to come ; for it is necessary 
they should be continued, or relieved by a like, or perhaps a greater Number; Also, Care should 
be taken to defray the Expence of sending thither, a Reinforcement of the King s Troops last 
Fall, and their Victualling, and for the Reparations and Improvements made at that Fortress, 
according to my Directions, last Summer; concerning all which, particular Accounts shall be 
laid before you. 

It is of very great Concernment to the publick Affairs of this Province, that a liberal Sum 
should be set apart to answer all Contingences and extraordinary Services of the Government 
at all Times; but it is most essentially necessary during the War; and therefore, I cauuot but 
repeat my former Recommendations of this Particular, with still greater Earnestness. 

I sent away the French Prisoners to St. Domingo, with Flags of Truce, as soon as I could 
get Vessels to take them off; the Accounts of the Money expended on that Occasion, and for 
their Maintainance whilst here, shall be laid before you; by which you will find, that what was 
provided at last Meeting, for the Support of the Prisoners, is near exhausted ; it is necessary a 
further Supply should now be raised, to answer the like Occasions, as it may be expected, that 
more will daily be brought into this Port, upon future Captures to be condemned here. 

I must renew my Recommendation also, for your raising Supplies, effectually to enable me to 
appoint Commissioners for this Province, to treat with those of the Massachusets, and other 
neighbouring Governments (who have or shall appoint such) touching our joint Conduct in the 
Prosecution of the War against the French in these Parts, as well offensively, as defensively; 
the Advantages that must in^st probably arise from a good Understanding, Harmony, and Union 
of Councils, between his Majesty s respective Colonies on this Continent, in Maintainance of the 
common Cause, are too obvious to need a particular Enumeration, were it prudent upon the 
present Occasion to point them out; could the House have been convinced of the Expediency 
of such a Measure, and made suitable Provision to that End, at their last Meeting, tis scarce to 
be doubted, but other Colonies would have followed the Example, and been sensible how just 
and equitable it is for them to bear a proportional Share of that Burthen which this Province, 
does alone sustain, by renewing of Treaties with the Six Nations, and maintaining and erecting 
Forts upon our Frontiers (which at the same Time, should be considered as a Barrier to their 
own Countries) and of such others as are at this Time thought proper and necessary to be 
erected, although we may be said to be more immediately concerned in such a Defence and 
Security, in older to prevent the Enemy from having that Intercourse with those Indians, in 
their own Countries, which we find by Experience, they too frequently have, as well in Peace 
as War, and as a Means to deter them from making any Attacks upon our Out-Settlements; 
but as the Case is at present, it most highly behoves us, at all Adventures, to provide 
immediately for our own Security, before it is too late. 

However, I cannot but observe to you, how agreeable it seems to be to the Intentions of his 
Majt sty, as well as his royal Predecessors, that the several Colonies upon this Continent, should, 
upon all Occasions, unite their Force and Councils in the common Cause; which I collect from 
several royal Instructions to me, directing the Quota or Proportion of the respective Governments; 
as well of Money as Men, to be provided upon Emergencies at all Times, and to be employed 
conjunct!} 7 in the Maintainance and Defence of each other, as Occasion may require ; which 
Instructions have been given arid continued down as standing Rules to the Governors for the 
Time being, of this, and no doubt of all the other Colonies, from the late glorious Revolution; 
and not only so, but consonant to these established Directions, his Majesty s Pleasure was 
signified 10 me, upon the Commencement of the War with France (as I have before in Part 
intimated to you) that I should immediately put the Province into a Posture of Defence, and 
have the Forces here in such a Condition, as to be able, not only to repel the French Forces if 
they should attack us, but likewise, it it should become necessary, to attack them. 

Attempts, as I observed before, have already been made by the French upon Annapolis, which 
probably would have fatally succeeded, had not Succours been seasonably sent to their Assistance 
from Time to Time, by the Government of the Massachusets-Bay, as they could raise them ; 
and it might be expected, the Efforts of the Enemy would be renewed the ensuing Summer, 
were not the present Armament set on Foot; and though Nova-Scotia, New-Hampshire, and 
the Massachusets Colonies are the nearest Neighbours to the French Settlements yet what fatal 
Consequences must ensue to this Province, in particular, should those Countries be reduced to 
the Obedience of the French ! Must not we of course, expect to become a Prey likewise V 

Gentlemen, 

The many weighty Affairs now laid before you, which require immediate Supplies, have obliged 
me to have this Session thus early; I have done my Duty in pointing them out to you. and 
recommending them to your serious Consideration; do you your s, by making such ample 
Provision for them, and with such Chearfulness and Dispatch, as may effectually recommend 
you to his Majesty s Grace and Favour, and secure to you the good Opinion and Esteem, of the 
People you represent. 



878 Journal of the Legislative Council of New York. [ 2 t?h A &S . 

Gentlemen of the Council, and the General Assembly, 

What further I have to recommend to you at this Time, is, Unanimity and Dispatch ; let your 
Duty to his Majesty and Zeal for his Service, and the Interest and Security of your Country, 
become eminently conspicuous by your Actions, in the Conduct of the important Business 
before you. 

G. CLINTON. 

Ordered, that the said Speech be forthwith printed 

The Hoiio We James Delancey Esq r moved that an humble Address be presented to his Excell? 
returning him the thanks of the Council for his Speech and his Care for the welfare & security 
of the province and expressing the sence they have of the Importance of the Enterprize 
undertaken by the Government of the Massachusets Bay and how manifestly it is calculated 
for the Hon r of his Majesty & the Interest of the British Dominions & assuring his Ex ly that 
they will chear fully concur in all proper measures for promoting that important Enterprize 

Resolved, that an Address be presented accordingly and that the Council or any three of them 
do prepare a Draught of an Address pursuant to the above Motion & Resolution 

The Council adjourned till to morrow morning 10 o clock 



Wednesday, March the 13 *, 1744. 

PRESENT The Hono l!e ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HOKSMANDEN, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq rs . 

The Hono. James De Lanoey Esq r from the Committee appointed to prepare the Dr* of an 
Address pursuant to the Resolution of yesterday in his place reported that the Committee had 
prepared the Draught of an Address, which he presented at the Table where the same having 
been read was approved of, was ordered to be engrossed 

Ordered, that the Hono hle Daniel Horsmanden and John Rutherford Esq rs do attend his 
Excellency to know when he will be pleased to be waited on with the said Address 

Then the said Gentlemen left the Council Chamber and being returned again reported that 
they had waited on his Excellency and that he was pleased to appoint 4 o clock this afternoon 

The Council adj d till 3 o clock P. M. 

P.M. 

PRESENT As in the forenoon, and the 

Hono ble JOSEPH MURRAY, Esq r . 

The Speaker assumed the Chair 

The Engrossed Address was presented and having been read & compared 

Ordered, that the Speaker do sign the same in behalf of the Council 

Then the same was signed accordingly 

The Council adjourned in order to wait on his Excelly with the said Address and being 
returned, the Speaker resumed the Chair and reported that he had waited on his Excellency 
and that the Address was read and presented by him to his Excellency 

Which Address is in the words following 

To His Excellency The Honorable GEORGE CLINTON Esq r Captain General and Governour in 
Chief of the province of New York and the Territoryes thereon depending in America Vice 
Admiral of the same and Vice Admiral of the White Squadron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council for the province of New York 

May if please your Excellency, 

We his Majesty s most dutiful & loyal subjects, the members of the Council for the province 
of New York beg leave to return our thanks for your Excell- vs speech 

Tis with the most grateful sense we observe your Excellency s cure for the welfare & security 
of this province; and we assure your Excellency, that we are met with warm dispositions to 
promote his Majesty s Honour and the true Interests of the Country 



1745.] The Hon. George Clinton, Esq: Governor. 879 

We are sensible of the Importance of the Expedition proposed by the Government of the 
Massachusets Bay and how manifestly it is calculated for the Honour of his Majesty and the 
Interest of the British Dominions and as we cannot but highly applaud the becoming zeal and 
vigour with which it has been undertaken by that Government, so we will chearfully concur in 
all proper measures for promoting that important Enterprise, Especially as the consequence of 
our success in it, must in all human probability be of infinite advantage to this and all the other 
Northern Colonys 

And we further assure your Excellency that our proceedings in the several particulars you 
have been pleased to recommend to us, shall be conducted with that unanimity and Dispatch, 
which our Duty to his Majesty and zeal for his service, and the Interest & security of the Country 
require 

By order of the Council 

ARCHIBALD KENNEDY Speaker 

To which his Excellency was pleased to return the following answer 

Gentlemen, 

I thank you for this Address and the sentim ts you have of my care for the welfare & security 
of the province 

I cannot doubt of your steady Resolutions for forwarding his Majesty s service and the 
prosperity of his subjects within my Government 

G. CLINTON 

Neiv Yorlc March 13. 1744 

Ordered, that the said Address and Answer be forthwith printed 

The Council adjourned till Fry day morning 10 o clock Then met and adjourned from time to 
time till Thursday March 21 st 



Thursday, 21 March, 1744 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Richard and M r Thomas with the Bill Entitled, An 
Act to repay the sum of two hundred and seventy pounds advanced by several persons for the 
services therein mentioned desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the 1 st time and 

Ordered to be read the second time 

The Councill adjourned till Tuesday morning 10 o clock and afterwards met & adjourned 
from time to time till Thursday April the 15 th 



Thursday, April the 18 M , 1745. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Schuyler and Captain Winne with the Bill Entitled, An 
Act to prevent the running away of Slaves out of the City and County of Albany to the French 
at Canada desiring the concurrence of the Council thereto 

A Message from the Assembly by M r Richard & Captain Van Home with the Bill Entitled, 
An Act to allow a premium to such privateers as shall during the present warr take or destroy 



880 Journal of the Legislative Council of New York. [ 2M A89em - 



4th 



any Enemys privateers between the places therein mentioned Desiring the Concurrence of y e 
Council thereto 

Ordered, that the said Bills be now read 

Then the said Bills were read the first time and 

Ordered to be read the second time 

Ordered, that the Bill entitled, An Act to repay the sum of two hundred & seventy pounds 
advanced by several persons for the services therein menconed be now read the second time 

Then the said Bill was read the second time and committed 

The Council resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

The Hono ble Daniel Horsmanden Esq Chairm" of the said Committee in his place reported 
that the Committee had gone through the s d Bill and had directed him to report it without 
Amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the H d time 

His Excellency communicated to the Council (by John Catherwood Esq r his private Secr y ) a 
Message he had sent yesterday to the Gen 1 Assembly which is as follows. 

Gentlemen, 

" Since the Adjournment of your House, I have received authentick Advice of the Arrival of 
" a considerable French Armament at Mu-rtiniijue, viz. Seven Sail of Ships of War ; two of 74 
" Guns; two of 64; two of 56, and a Frigate of 36 Guns, with upwards of twenty Sail of 
" Transports, and three Thousand six Hundred Troops, with Intent to make Attempts upon some 
" of the British Dominions in South-America ; but as a Report of the present Expedition against 
" Cape-Breton, is generally spread in the fVet-Itidies,it s very probable the Commander in Chief 
" of those Forces has, e er now, got Intelligence of that Design ; and it may be reasonably 
" apprehended, he will thereby be diverted from his original Intention into these Parts. 

" When you have duly considered what are most likely to be the Consequences of such an 
" Event, I hope you will be animated to a Conduct suitable to the Importance of such an 
" Expedition ; not only by making sufficient Provision for uniting with your Neighbours in the 
" common Cause in general, (th it we may with the better Grace, call in their Aid, should there 
" be occasion) but also, particularly for putting this Province into the best Posture of Defence ; 
" and that this City may, with all possible Dispatch, be at least as well fortified as at any Time 
" heretofore, by setting Stockadoes around it, and erecting Block Houses, and Batteries, at proper 
" and convenient Distances, along the Wharfs on each River, that we may thereby be enabled 
" to give the Enemy so warm a Reception, in case they should attack us, as may render their 
" Efforts vain and ineffectual. 

G. CLINTON 

The Council adjourned till to [morrow] morning 10 o clock. 



Frydaij, April tlie 19 *, 1745. 
The Council met according to adjournment 

PKESENT Tlic Hono jle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LA;NCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordircd, that the Bill Entitled. An Act to prevent the Running away of Slaves out of the City 
and County of Albany to the French at Canada and also the Bill entitled, An Act to allow a 
premium to such privateers as shall during the present warr take or destroy any Enemy s 
privateers between the places therein ment d be now read the second time 

Then the said Bills were read the second time and 

Ordered to be committed 

A Message from the Assembly by Coll Morris and Coll Phillipse to acquaint the Council 
That that House desires they will appoint a Committee to join a Committee to be appointed by 
that House to consider of and to make proper Estimates of such other Fortifications as they 



1745.] The Hon. George Clinton, Esq: Governor. 881 

shall judge necessary to be erected And of such Matters & Things to be made and done for the 
further security of the Colony as Recommended by his Ecell y s Message of yesterday And that 
they take to their assistance such other persons as they shall judge proper to consult in regard 
to the Fortifications nn I that they report to the House as soon as may be their proceedings thereon 

Ordered, that the Bill intitled, An Act to repay the sum of two hundred & seventy pounds 
advanced by several persons for the services therein mentioned be now read the third time 

Then the said Bill was read the 3 d time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble John Moore do acquaint the General Assembly that the Council 
have passed the said Bill without amendment 

Tht Hono )le Daniel Horsmanden Esq 1 moved that a Committe might be appointed pursuant 
to the above Message from the General Assembly 

Onlcreil, that the Hono ble James De Lancey, Joseph Murray and John Moore Esq be a 
Committee for the purposes aforesaid and that they meet at three o clock this afternoon at the 
Widow Bilker s 

The Council adjourned to Tuesday morning 10 o clock. 

And they met & adjourned from time to time to Tuesday April the 30 h and from fierce to 
the Thursday following. 



Thursday, May the 2 d , 1745. 
The Council met according to adjournment 

PRESENT The Hono lu ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Nicoll & M r Ludlow with the Bill Entitled, An Act for 
raising the sum of three thousand three hundred and seventy five pounds for the publick service 
of this Colony by way of Lottery Desiring the concurrence of the Council thereto 

A Mussnge from the Assembly by M r Abraham Lott and M r Le Count with the Bill entitled, 
An Act to Regulate prosecutions by Information in the Supreme Court of this Colony Desiring 
the concurrence of the Council thereto 

Ordered, that the said Bills be now read 

Then the said Bills were read the first time and 

Ordered a second reading 

The Council resolved themselves into a Comee on the Bill Entitled, An Act to prevent the 
running Away of Slaves out of the City and County of Albany to the French at Canada And 
also on the Bill Entitled, An Act to allow a premium to such privateers as shall during the 
present warr take or destroy any Enemies privateer between the places therein mentioned 

The Committee having duely weighed and considered the said Bills and being ready to make 
their Report thereon when the Council would receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ule Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported That the Committee had gone through the said two Bills and had directed him to 
report the first with an Amendm and the other without any Amendment 

Ordered, that the said Bills be read the third time 

Then the Council adjourned till to morrow morning 10 o clock 



111 



882 Journal of the Legislative Council of New York. [ 2 h iS: 

Fry day, May the 3 d , 1745. 
The Council met according to adjournm 

PRESENT The Hono J!e ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to prevent the running away of Slaves out of the 
City and County of Albany to the French at Canada be now read the third time as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill as amended do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do carry the said Bill with the Amendment 
thereto to the General Assembly and acquaint them that the Council have passed the said Bill 
with that Amendment to which they desire their concurrence 

Ordered, that the Bill Entitled, An Act to allow a premium to such privateers as shall during 
the present warr take or destroy any Enemies privateer between the places therein mentioned 
be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono. John Moore Esq r do acquaint the General Assembly that the 
Council have passed the said Bill with any amendm* 

Ordered, that the Bill Entitled, An Act for raising the sum of three thousand three hundred 
and seventy five pounds for the publick service of this Colony by way of Lottery And the Bill 
Entitled, An Act to regulate prosecutions by Information in the Supreme Court of this Colony 
be now read the second time 

Then the said Bills were read the second time and committed 

The Council adjourned till Tuesday morning 10 o clock 



Im-sday, May the 7 *, 1745. 
The Council met according to adjournm 1 & adjourned till to morrow morning 11 o clock 

Wednesday, May the 8" , 1745. 
The Council met according to adjournm* 

PRESENT The Hono : ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Hono ble John Moore Esq r Reported from the Committees appointed by the Council and 
the General Assembly to consider of and to make proper Estimates of such other Fortifications 
as they should judge necessary to be erected and of such matters & things to be made and done 
for the further security of the Colony as recommended by his Excellence s Message of the 17 th 
of April & to take to their assistance such other persons as they should judge proper to consult 
in regard to the Fortifications, That both Committees had met at the time and place appointed 
and were then of opinion that as there was a considerable French Armament at Mariineco it 
would be most proper First to take the Defence of this City under consideration, and after 
having taken a full view of such places as were conceived proper and consulted the Mayor & 
Aldermen and some other Gentlemen of the City and taken the assistance of two persons who 
were said to have some skill, both with respect to its defence towards the Water as well as the 
Land, and being of opinion that it is more probable that the City may be assaulted by the Enemys 



1745.] The Hon. George Clinton, Esq: Governor. 883 

ships than be attacked by a Land Force and therefore conceiving it most necessary to proceed 
in the first place against any Naval Armament by erecting Batterys in such places as are judged 
most proper for that purpose The Committee were of opinion 

1 st That a Battery of eight Guns should be immediately erected at Dorninis Hook with a 
large Block House to cover the men & their arms 

2 d That plans should be made whereby to erect a Battery of Eight Guns on Captain Rutger a 
Wharf when there shall be occasion 

3 d That plans should be made whereby to erect a Battery of Eight Guns on Burnets Key 
upon occasion 

4 th That it is absolutely necessary for the safety & Defence of the City towards the Harbour 
to have a Battery of twenty Guns erected at the East End of this City 

5 th That Gins should be made for every Battery several span carriages & long Trail Carriages 
for twelve field pieces &c 

As to the Battery of twenty Guns two places have been proposed The one on a Wharf to be 
made out into the River adjoining to Lowrey s, which Wharf the Committees were of opinion 
could not be made this year 

The other place proposed is on M r Harmanus Rutgers s Hill and in case it should be erected 
on this last the Committees were of opinion it will be necessary to have two Blockhouses to 
guard it and to have a Battery of six Guns to be erected upon occasion behind Pecks, according 
to a plan to be made for that purpose 

6 th With respect to the Estimate of the Expence, the Committees were of opinion that the 
erecting the twenty Gun Battery on a wharf to be made adjoining to Lowreys besides the delay 
would make the charge of the above Articles amount to about .4500 or ,5000 and that if the 
Battery were to be erected on Rutgers s Hill the Amount of the Expence of the above Articles 
is Estimated at about ,3000 

The two persons whose Assistance the Committees have taken are Messieurs Hoyer and 
Clement who have attended the Committees from time to time each of whom have prepared 
pbms which will be laid before you 

These Things are what the Commees are of opinion ought to be done with all possible 
dispatch They therefore thought it expedient to Report them as soon as they had gone through 
them 

And as to such other Fortifications necessary to be erected and such other Matters and Things 
to be made and done for the further security of the Colony, the Committees will consider of 
them when they shall have leave to sit again 

By order of the Committees 

JOHN MOORE Chairman 

A Message from the General Assembly by M r Clarkson and M r Richard with the Bill Entitled, 
An Act to revive An Act intitled, An Act to oblige all persons that shall come to Inhabit or 
reside in the City of New York in order to expose any Goods Wares or Merchandizes to sale at 
any time after the annual Assessment made for the Tax for the maintainance of the Minister and 
Poor of the said City to pay their due proportions toward the same Desiring the concurrence 
of the Council thereto 

Ordered, that the said Bill be read 

Then the said Bill was read the first time and 

Ordered to be read the second time 

The Council, adjourned till Fryday morning 10 o clock 



Fryday, May the 10 % 1745. 
The Council met according to adjournment 

PRESENT The Hono. ARCHIBALD KENNEDY, Esq r , Speaker, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act to revive An Act Entitled, An Act to oblige all 
persons that shall come to inhabit or Reside in the City of New York in order to expose any 
Goods Wares or Merchandizes to sale at any time after the annual Assessment made for the Tax 
for the maintainance of the Minister and Poor of the said City to pay their due proportions 
toward the same be now read the second time 



884 Journal of the Legislative Council of New York. [ h ^; 

Then the said Bill was read the second time and 

Ordered to be committed 

A Message from the Assembly by M r Richard and M r Le Count with the Bill Entitled, An 
Act to prevent the running away of Slaves out of the City and County of Albany with the 
Councils Hmendment thereto and to acquaint the Council that the General Assembly do agree 
to the said amendment and desire the Bill may be amended accordingly 

Then the said Bill was accordingly amended by adding the words (without Benefit of Clergy) 
after the word (Felony) in the 19 th Line of the first page 

The Council Resolved themselves into a Comee on the three following Bills viz 

The Bill Entitled, An Act for raising the sum of 3375 for the publick service of this Colony 
by way of Lottery 

The Bill Entitled, An Act to Regulate prosecutions by Information in the Supreme Court of 
this Colony and 

The Bill entitled, An Act to revive An Act intitled, An Act to oblige all persons that shall 
come to inhabit or reside in the City of New York in order to expo.-e any Goods Wares or 
Merchandizes to sale at any time after the annual assessment made for the tax for the maintainance 
of the Minister & Poor of the said City to pay their due proportions toward the same 

The Committee being agreed on their Report by them to be made thereon when the Council 
would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the Committee to whom the said 
three Bills were referred in his place reported that the Committee had gone through the same 
and had directed him to report the Bill for raising ,3375 by way of Lotiery without any 
amendment And the Bill to regulate prosecutions by Information with several amendments And 
the Bill to continue An Act to oblige all persons that shall come to inhabit or reside in the City 
of N*w York &c without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the third time 

The Council adjourned till Tuesday May the 14 th next 



Tuesday, May the 14 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono bu ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP COUTLAXDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Intitled, An Act to revive An Act intitled, An Act to oblige all 
that shall come to inhabit or reside in the City of New York in order to expose, any Goods 
Wares or Merchandizes to sale at any time after the annual Assessment made for the Tax for 
the maintainancy of the Minister and Poor of the said City to pay their due proportions towards 
the same be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono: Philip Corilandt do acquaint the General Assembly that the Council 
have passed the said Bill without any amendment 

His Excellency the Governour being come to the Council Chamber sent a Message by the 
Deputy Clerk of the Council to the General Assembly requiring their immediate attendance at 
the Council Chamber 

They attend accordingly with their Speaker 

His Excellency then in presence of the Council and General Assembly gave his Assent to the 
four following Acts viz 1 

An Act to repay the sum of two hundred & seventy pounds advanced by several persons for 
the services therein mentioned 

An Act to allow a premium to such privateers as shall during this present Warr take or 
destroy any Enemy s privateers between the places therein mentioned 

An Act to prevent the running away of Slaves out of the City and County of Albany to the 
French at Canada 



1745.] The Hon. George Clinton, Esq: Governor. 885 

An Act to revive An Act intitled, An Act to oblige all persons thnt shall come to reside in 
the City of New York in order to expose ;my Goods Wiires or Merchandizes to sale at any time 
after the annual assessment made for the Tax lor the maintainunce of the Minister & poor of the 
sai f Ci y to pay their due proton" towards the same 

His Excellency then required the General Assembly to return to the Council Chamber after 
the Acts should be published 

Then the said Acts were published with the usual solemnity 

After vvtiich His Excellency the Govern , the Council and the General Assembly being 
returned to ihe Council Chamber 

His Excellency was pleased to DISSOLVE the General Assembly by the following Speech 

Gentlemen of the Gmeral Assembly. 

In my Speech to you at the Opening of this Session, I recommended to you many Particulars, 
which I thought, of absolute Necessity o be immediately provided for; and have since, by several 
Messages and Papers, sent you, from Time to Time, as Occasion offered, renewed my Instances 
as to several of them, in order to excite you to a Conduct, worthy of their Importance ; arid since 
it se^rns by the Minutes of your Proceedings, as if you were coming to a Conclusion, and that 
you have done the utmost, that there is any Probability you will do; I can no longer forbear 
expressing my Sentiments of your Conduct. 

After the disrespect shewn, by omitting to give an Answer to my Speech, I was apprehensive, 
I could expect but little Regard to be paid to what I had said; though I proposed nothing but 
what immediately related to his Majesty s S rvice, and the Interest and Security of the Province. 

The Protection of our Frontiers, in the County of Albany, was what I could not doubt, every 
one hud much at Heart, thai had considered the Con sequence of them, and would be of Opinion, 
that suitable! Provision ought of Necessity to be made to that End, with the utmost Dispatch; 
therefore, not so much regarding the Ceremony (however re quisite and decent) as Matters more 
substantial, I have withheld from you, nothing which might enlighten you in that Respect, 
especially touching the late Commotions amongst our Indians, and the Intrigues of the Enemy 
carrying on amongst them. 

I have signified to you, over and over again, thai it is proper in Time of War, that I should 
have more frequent Interviews with the Six Nations (which even in Time of Peace, have been 
usual every other Year) in Order to renew the Treaties with them ; and there is no other Way 
of doing it to Purpose (as I can conceive) than by making them Presents, and such at this Time, as 
may be sufficient to allay their present Disquietudes, and preserve them in good Temper, firm 
nnd steady to the British Interest; what Regard has been paid to my Importunities on this 
Head, may be collected, from not making Provision for it, nor are (it seems) the erecting Forts 
or Block-Houses, or the Maintenance of Scouts to watch the Motions of the Enemy in those 
Parts, Matters of Weight in your Estimation ; and therefore, through your Carelessness and 
Improvidence, we must hazard the Seduction of the S:x Nations, and our Northern Frontiers, 
for the present, remain naked and open to the Incursions and Insults of our declared Enemies, 
and their Indians; our Christian Out-Settlers, must either desert their Plantations, and retire to 
beggary and want, or continue daily exposed to their merciless Barbarity ; a most cruel 
Necessity ; this I have intimated to you, was most likely to be the Consequence, if proper and 
seasonable Care were not taken to prevent it. 

That many of the Christians, settled towards our Frontiers Northward from Albany, have 
been much alarmed at the late suspicious Behaviour of our Indians, and are very apprehensive 
of great Danger in their present Situation, appears by a Petition to me, signed by great Numbers 
of them ; which (by advice of his Majesty s Council) I laid before you the 10 th Instant; and 
with what Contempt you treated the earnest Entreaties of the Petitioners, and how indecent 
your Conduct was towards me upon that Occasion, every one may judge, from your returning 
it by your Clerk to my Secretary, without further Ceremony, and your resolving to take no 
Notice of it, in the Minutes of that Day. 

For my Part. I could almost, at this critical Conjuncture, have forborne (as I have on other 
Occasions) shewing my Resentment of the personal Incivilities you have offered me (if they 
ivsted there) could I, from your general Behaviour, have entertained the least Hopes of 
awakening you to a due Sense of your Duty to his Majesty, or the People you represent: But 
upon looking back into your Proceedings, I find you have treated his Majesty s Orders to me, 
signified by Letters from his Grace the Duke of Newcastle, not only with as much Indifference 
(for they produced no proper Effect from you) but have misrepresented the Contents of them ; 
for so far is that Lester from containing Orders to Commodore Warren, that after taking Notice 
in general, of the Nature of the S rvice that Gentleman is upon, his Majesty s Pleasure is 
thereby signified to m> , "that if Mr. Warren shall apply to me for Assistance, either of Men, 
Provisions or Shipping, that I should be aiding and assisting to him in the most effectual Manner," 
and that, you might enable me at all Events, to answer his Majesty s Commands in that Case, 
was the very reason (as any one might conclude) that induced me to lay that Letter before you : 
But, as if you was conscious, your Conduct is deserving of Reproach, you either wholly suppress, 
or misrepresent, what are Ingredients in your Proceedings; which your Constituents have a 
Right, not only to be informed of but to remark upon. 



886 Journal of the Legislative Council of New York. [ 



23d Asuem . 

4th Sess n. 



And (declining to be more explicit, upon Matters of greater Concernment) you have neglected 
to make Provision, for the Maintainance of such Prisoners of War as may, from Time to Time, 
be brought into this Port, or for the transporting them hence ; when at this very Time, there 
is a Number of them in the Harbour, which will fall upon our Hands, should the Vessel lately 
brought in, be condemned as Prize. 

Nor have you provided for the re-imbursing Money, advanced upon the Faith and Credit of 
the Government, for Repairs done at the Garrison of Oswego, upon the breaking out of the 
French War, pursuant to my Directions, given last Summer, by Advice of his Majesty s Council, 
which I recommended to you, to be provided for the last Fall ; nor the Paying what is due, for 
furnishing Lieut. Butler with Necessaries for his Passage to Oswego, last Fall, by Direction of 
the Commissioners for Indian Affairs, pursuant to my Orders, given likewise by the Advice of 
the Council ; concerning both which Articles, Accounts have long since been laid before you ; 
but you have adventured to take upon you the Assignment of the Places, for erecting Batteries 
within this City ; to direct the Number of Guns to be placed upon them, and to order the 
Issuing out the Gun-powder, provided for the Use of the Publick, without consulting me in 
either Respect ; which in Effect, is assuming the Administration of the Government, and 
wresting his Majesty s Authority out of the Hands of his Governor. Thus from an invincible 
Untowardness on the one Hand, and an inordinate Thirst of Power on the other; you are 
become, as it were, a dead Weight against the other Branches of the Legislature 

You have protracted this Session to a most unreasonable Length, for any Thing that is done, 
for the Advancement of his Majesty s Honour and Service, or the Credit, Interest or Security of 
the Province, or People you represent. 

I am therefore constrained, to put an End to this Session, by your Dissolution; and you are 
accordingly DISSOLVED. 

G. CLINTON 

New York 14 tt May 1745 

His Excellency then delivered a Copy of his said Speech to the Speaker of the Council and 
afterwards returned to his House attended as usual 



TWENTY-FOURTH ASSEMBLY FIRST SESSION. 



At a Session of the Council and General Assembly began at the City Hall, of the 
City of New York, on Tuesday, the twenty fifth day of June, An" Dm, 1745. 

His Excellency the Governour having been pleased to dissolve the late General Assembly on 
the fourteenth day of May last and to order Writts to be issued the same day for Electing 
Members to serve in a new one returnable this day 

The Council met accordingly 

PRESENT The. Hono Me ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

His Excellency the Governour being acquainted that a Majority of the Representatives were 
met in the Assembly Chamber, came to the Council Chaniber and sent a Message by the 
Deputy Clerk of the Council to the Assembly Chamber requiring the immediate attendance of 
the members who were Qualifyed. 

The said Members thereupon attended accordingly 

His Excellency then ordered them to return to the Assembly Chamber and choose a Speaker 
and present him immediately for his approb" 

The members thereupon left the Council Chamber and soon after returned and presented 
David Jones Esq r for their Speaker to his Excellency for his Approbation 

Which choice his Excellency was pleased to approve 

Then the said David Jones Esq r the Speaker after a short apology for himself desire:) his 
Excellency in behalf of the whole House, that their Words & Actions might have a favourable 
Construction, That the members might from time to time have free Access to his Excellency 
and that they and their Servants might be priviledged and protected as usual 

Which his Excellency was pleased to Grant 

His Excellency then made a Speech to the Council and General Assembly and delivered one 
Copy thereof to the Speaker of the Council and another Copy thereof to the Speaker of the 
General Assembly 

After which his Excellency returned to his House attended as usual And the Representatives 
withdrew 

The Speaker assumed the Chair 

Ordered, that his Excellencys Speech be read 

Which being read accordingly it was further 

Ordered, that the same be Entered in the Minutes and is in the words following: 

Gentlemen of the Council, and the General Assembly, 

Soon after my Arrival here, his Majesty s Pleasure was signified to me, " that I should 
employ the most effectual Means for putting this Province into the best Posture of Defence 
that should be possible, and be constantly upon my guard against any Surprize from any 
Quarter whatever ;" and upon the Commencement of the French War, I received his Majesty s 
Commands, " that I should immediately put the Province into a Posture of Defence, and have 
the Forces here, in such a Condition as to be able, not only to repel the French Forces, if 
they should attack us, but likewise, if it should become necessary, to attack them." 

In order to put the Province into a proper Posture of Defence, it is necessary that such 
other Fortifications be erected about this City, with all possible Dispatch, as may be sufficient 
to enable us to repel any Force that may attack us on this Quarter: For this Purpose, a 
strong Battery of twenty Guns, at the East End of the Town, in the Harbour, and some 
other Batteries in other Parts of the City, should be forth with erected ; of which, I will 
direct Plans to be laid before you. Tis worth considering, whether, as Matters are now 
circumstanced, this City may not probably share a considerable Part of the War. 

All due Attention should be given with Regard to the effectual Security of our Northern 
Frontiers : To answer this End, two strong Forts should be built in our Indian Countries, 
in convenient Places to be assigned ; a sufficient Number of Out-Scouts should be constantly 
kept on foot, to watch and give Intelligence of the Motions of the Enemy ; and above all, there 



Journal of the Legislative Council of New York. [ "tit sU 

should be the utmost Care, and the most prudent Steps taken, to put our Indians into perfect 
good Temper, that they may preserve their Dependence on the British Interest, and confirm 
them in their Fidelity to his Majesty ; which, through the Artifices and Intrigues of a subtle 
Enemy, tis to be suspected is, -at this Time, some what shaken. My Duly to his Majesty, 
and Regard for the People under my Government, oblige me to press these Things most 
earnestly upon you. 

As an Expedition has been set on Foot by the Government of the Massachusetts-Bay, 
against Cape-Breton, and is now carrying on. in Conjunction with a Proportion of Men and 
Shipping from the neighbouring Colonies, with the entire Approbation of his Majesty, and 
under the Countenance and Piotection of his Royal Fleet; I have received a. Letter from his 
Grace the Duke of Newcastle, dated in January last, wherein it is intimated, " that his M ijesty 
" having thought it necessary for the Security of the Coloni s in Nor h-America, and particularly 
" of the Province of Nova-Scotia, (which had been [then] already invaded by the French, and 
" upon which there was Reason to apprehend that they would e.irly in the Spring, renew their 
" Attempts, by the Attack of Annapolis-Royal,) to employ such a .Strength of Ships of War in 
" those t^eas, under the Command of Commodore Warren, as might be sufficient to protect the 
" said Province, and the other neighbouring Colonies in North-America, and the Trade and 
" Fishery of his Majesty s Subjects in those Parts ; and might also, as Occasion should offer, 
" attack and distress the Enemy in their Seitlements, and annoy their Fishery and Commerce. 
" His Grace had his Majesiy s Commands, to signify to me his Pleasure, tlrat if Mr. Warren 
" should apply to me for Assistance, either of Men, Provisions, or Shipping, to enable him to 
" proceed either to the Relief and Succour of Annapolis Royal, or of any other of his Majesty s 
" Forts or Settlements, or for making any Attempts upon the Knemy ; I should, in all such 
" Cases, be aiding and assisting to him, in the most effectual Manner." 

Governor Shirley, upon communicating to me. in January last, a Scheme for the Attack of 
the Town and Fortress of Louisbourgh, wrote to me in the most pressing Terms, to use my 
best Endeavours that this Province should furnish their full Quota, or Proportion of iMen and 
Shipping, to join them in this important Enterprise, not doubting but we should be sensible 
how agreeable such a Conduct would be to the Intention of the royal Instructions concerning 
such like Cases, and how much the Success of this Expedition would advance his Majesty s 
Service, the Interest of the British Dominions in general, and of all the Northern Colonies in 
particular. 

How far divine Providence IMS already favoured this Undertaking, we may judge from the 
Success of it hitherto; the New-England Forces, immediately after landing upon the Island, 
having taken Possession of the most considerable B ittery ; wlrch, at their Approach, was 
deserted by the Enemy with Precipitation ; and one of their sixty four Gun Ships, with 
Succour, bound for the Port of Louisbourgh, having been taken by some of his Majesty s 
Fleet, and all Communication with the Town cut off, both by Sea and Land. These are such 
Earnests, as give us Encouragement to hope for a speedy Reduction of that Place ; bur more 
especially, if we should afford t iem that Aid and Assistance which may most reasonably be 
expected from us ; and since Matters are brought, to this Crisis, I now persuade myself, we 
shall not longer sit, still as unconcerned Spectators, nor be content that the neighbouring 
Colonies alone, recommend themselves to the Favour of their royal Master, by a vigorous 
Prosecution of a Matter of so great Consequence to us, and which his Majesty Ins thought fit 
to espouse,; nor let them, unassisted by us, reap the Glory of a Conquest so considerable, and 
it be said, they have in vain solicited us to become Partakers with them. 

I have very lately received Letters f om Mr. Shirley, and Mr. Warren, on this Head, in 
pursuance of that from his Grace the Duke ot .Newcastle, last mentioned, wherein they are 
very importunate with me in their Application, for the Assistance of this Government, in the 
immediate raising some Troops for supporting this Expedition, and such a number of Seamen, 
in order to maun the French Ship, (intended also to be employed in this Service) and such 
Quantity of Provisions, as we can procure, to be sent them t Cape-Breton, with the greatest 
Dispatch, that they may be enabled to withstand any Force the Enemy may send to the 
Relief of that Garrison. 

Tnese are Matters of such high Concernment to us, that I cannot but recommend them 
with the utmost Earnestness and I rely upon your Immediate Concurrence in such Measures 
as may answer his Majesty s just Expectations, signified by the royal Orders now laid before 
you. I am determined nothing shall be wanting in either Respect, on my Part, for advancing 
his Majesty s Service, and the Credit and Interest of the Province. 

But, Gentlemen of the General Assembly, without your effectual Aid, all my Purposes can 
avail but little, and therefore I doubt not, but the same dutiful Dispositions which have at all 
Times distinguished the People of this Province, for their Loyalty to the Crown, will prompt 
you to use all proper and necessary Means, to raise such Supplies as may be amply sufficient 
to answer the present Exigencies. 

I have some Accompts and Particulars, of Disbursements, for the public Service, to lay 
before you ; for the Discharge whereof, tis proper and just, Provision should be made. 



1745.] The Hon. George Clinton, Esq: Governor. 889 

" Gentlemen, 

" I am sensible the Season of the Year requires your Attendance upon your private Affairs ; 
dispatch therefore in the weighty Business before you, becomes still the more necessary, that 
you may soon have a Recess, and not be long detained here to your greater Inconvenience. 

" Gentlemen of the Council and General Assembly, 

" What I have now recommended, requires a more than ordinary Attention ; and considering 
the great Importance of it, tis incumbent on every one who has the publick Weal sincerely 
at Heart, the more earnestly to endeavour to cultivate that Harmony and good Understanding, 
which ought to subsist between the several Branches of the Legislature ; and as the Eyes of 
our Neighbours are intent upon us, impatiently awaiting the Result of your Deliberations, I 
flatter myself, the issue of this Session, will redound to the Advantage of the common Cause; 
his Majesty s Service in general, and the Honour, Credit, and lasting Interest of the Province 
" in particular." 

G. CLINTON. 
City of New York 25 A June 1745 

Ordered, that the said speech be printed 

Then the Honoble James De Lancey Esq r moved that an humble Address be presented to his 
Excellency returning his Excellency the Thanks of the Council for his speech and assuring his 
Excellency that it is with the greatest pleasure the Council observe his Excellencys concern for 
the putting this City and the other Frontiers into a proper posture of Defence, That they are 
sensible how much the success of the Expedition against Cape Breton would advance his Majestys 
service, the Interest of the British Dominions in General and of the Northern Colonies in particular, 
and will chearfully concur in any measures that may be proposed, for giving such aid and assistance, 
for the Reduction of that Place, as a matter of so great consequence requires. And that they will 
upon this important occasion as well as all others endeavour to cultivate the Harmony and good 
understanding which ought to subsist between the several Branches of the Legislature 

Which motion being seconded by the Hono ble Daniel Horsmanden Esq r and agreed by the 
Board 

Resolved thereupon, that an Address be presented accordingly and that the Council or any 
three of them do prepare a Draft thereof pursuant to the above motion and Resolution to be 
laid before the Board to morrow morning for their approbation 

Then the Councill adjourned till to morrow morning 10 o clock 



Wednesday, June the 26 <A , 1745. 
The Council met according to adjournment 

PRESENT The Hono 1 6 ARCHIBALD KENNEDY, Esq r , % Speaker, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Hono ble James De Lancey Esq r from the Committee appointed to prepare the Draft of an 
Address persuant to the Resolution of yesterday reported that the Committee had prepared a 
Draft accordingly which he presented at the Table when the same read and approved of and 
ordered to be engrossed 

Ordered, that the Hono ble James De Lancey and John Moore Esq do attend his Excellency 
to know when he will be pleased to be waited on with the said Address 

Then the said Gentlemen left the Council Chamber and being returned Reported that they 
had waited on his Excellency and that he was pleased to appoint four o clock this afternoon 

The Council adjourned till 3 o clock P Merid 

112 



890 Journal of the Legislative Council of New Yoi-k. [ ^t B 

Wednesday, June the 26 A , 1Y45. P 1 M. 3 o clock. 
The Council met according to adjournment 

PRESENT as in the Forenoon 

The Speaker assumed the Chair 

The Deputy Clerk of the Council presented to the Board the Engrossed Address to his 
Excellency. Which was read and compared 

Ordered, that the Speaker do sign the same in behalf of the Council 
Then the same was signed accordingly is in the words following. 

To His Excellency the Honourable GEORGE CLINTON Esq r Captain General and Governor in 
Chief in and over the Province of New York and the Territories thereon depending in 
America Vice Admiral of the same and Vice Admiral of the White Squadron of his Majestys 
ffleet &c 

The Humble ADDRESS of his Majesty s Council for the Province of New York 

May it please your Excellency. 

We his Majesty s most dutifull and Loyal Subjects The members of his Majesty s Council for 
the Province of New York, return our hearty Thanks for your Excellency s Speech. ; Tis with 
the greatest pleasure we observe the concern you have pleased to Express for the security of the 
Province, the putting this City, and the other Frontiers into such a posture of Defence, as may 
enable us, to repel any attempts, that may be made against us, for the effecting whereof nothing 
shall be wanting on our parts. 

We are very sensible how much the success of the Expedition against Cape Breton would 
advance his Majesty s service, the Interest of the British Dominions in general and of all the 
Northern Colonyes in particular, and we assure your Excellency we shall chearfully concurr in 
any measures that may be proposed for giving such aid and assistance for the Reduction of that 
Place, as a matter of so great consequence requires of us 

We are well acquainted with the Intrigues the French have always busied themselves in, 
amongst our Indians, as well in peace as warr, and are perfectly satistyed your Excellency will 
take the most prudent steps in your Power, to guard against the artifices of the Enemy and 
preserve the dependance of the Six Nations upon the British Interest and confirm them in their 
Fidelity to his Majesty 

We shall on this important occasion, as well as all others, endeavour to cultivate that Harmony 
and good understanding which ought to subsist between the several Branches of the Legislature, 
and doubt not but the like good Dispositions will bring this Sessions to an happy Issue, so as to 
redound to the advantage of the common cause, His Majesty s service and the Honour, Credit 
and lasting Interest of this Province 

By order of the Council 

Council Chamber ARCH d KENNEDY Speaker 

New York June 26 h 1745 

The Council adjourned to wait on his Excellency with the said Address 

The Council being returned The Speaker assumed the Chair and Reported that he had waited 

on his Excellency and had read and presented the Address to him and that his Excellency was 

pleased to make the following answer 

Gentlemen of the Council 

I thank you for your Address, and the sentiments you Express of my concern for the Defence 
and security of the Province ; for the assurance you have given me of your ready concurrence 
in any measures proposed for giving that assistance towards the Reduction of Cape Breton as a 
matter of so great consequence requires and I depend upon your good Dispositions at all times 
for the cultivating a good understanding between the several Branches of the Legislature, than 
which nothing can more contribute to ease and satisfaction 

GEORGE CLINTON 



1745.] The Hon. George Clinton, Esq: Governor. 891 

Saturday, June the 29 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicoll and M r Richard with a Bill entitled, An 
Act for the paying of five thousand pounds towards the Expedition carrying on against Cape 
Breton Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered to be read the second time 

The Council adjourned till Monday morning 10 o clock 



Monday, July tlie 1 >( , 1745. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill entitled, An Act for the paying of five thousand pounds towards the 
Expedition carrying on against Cape Breton be now read the second time 
Then the said Bill was read the second time and 
Ordered, to be committed 
Then the Council adjourned till to morrow morning 11 o clock 



Tuesday, July the 2 rf , 1745. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANBT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council resolve themselves into Committee on the Bill Entitled, An Act for the paying 
of five thousand pounds towards the Expedition carrying on against Cape Breton 

The Committee having duly weighed and considered of the said Bill and being ready to 
make their report thereon when the Council would please to receive the same 

The Speaker resumed the chair 

Ordered, that the said Report be now made 

The Hono ble Daniel Horsmanden Esq r Chairman of the Committee to whom the said Bill was 
referred in his place reported that the Committee had gone through the same and had directed 
him to report it without any amendment 



892 Journal of the Legislative Council of New York [ * 

Which Report on the Question being put was agreed to and approved of 
Ordered, that the said Bill be read the third time 
Then the said Bill was read the third time and 
On the Question being put 
Resolved, that the said Bill do pass 

Ordered, that the Hono ble John Moore Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without any amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Wednesday, July the 3 d , 1745. 
The Council met according to adjournment and adjourned till to morrow morning 10 o clock 

Thursday, July the 4 th , 1745. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Speaker, 

ARCHIBALD KENNEDY, 
PHILIP CORTLANDT, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard and M r Schuyler with the Bill entitled, 
An Act for erecting and repairing Fortifications within this Colony, for defraying the charge 
of several services for the Defence and security of the same and other purposes therein 
mentioned Desiring the concurrence of the Council thereto 

Ordered, th;it the said Bill be now read 

Then the said Bill was read the first time and 

Ordered to be read the second time 

The Council adjourned till to morrow morning 10 o clock . 



Fryday, July the 5 A , 1745. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Intitled, An Act for Erecting and Repairing Fortifications within this 
Colony, for defraying the charge of several services for the Defence and security of the same 
and other purposes therein mentioned be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council Resolved into a Committee to consider of the said Bill 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordend, that the said Report be now made 

Then the Hono We Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Committee had gone through the said Bill and had directed him to report it 
without any amendment 

Which Report on the Question being put WHS agreed to and approved of 

Ordered, that the said Bill be read the third time 

Then the Council adjourned till to morrow morning 10 o clock 



1745.] The Hon. George Clinton, Esq : Governor. 893 

Saturday, July the 6 M , 1745. 
The Council met according to adjournment 

PRESENT The Hono Me CADWALLADEK GOLDEN, Esq r , Speaker 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, An Act for Erecting and Repairing Fortifycations within this 
Colony, for defraying the charge of several services for the Defence and security of the same 
and other purposes therein mentioned be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said B:ll do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without any amendments 

His Excellency the Grovernour came to the Council Chamber attended as usual sent a Message 
by the Deputy Clerck of the Council to the General Assembly requiring their immediate 
attendance at the Council Chamber 

They attend accordingly with their Speaker 

His Excellency then in presence of the Council and the General Assembly gave his assent to 
the two following Bills viz 

N 1 An Act for the paying of five thousand pounds towards the Expedition carrying on 
against Cape Breton 

2 An Act for Erecting and Repairing Fortifications within this Colony, for defraying the 
charge of several services for the Defence and security of the same and other purposes therein 
mentioned. 

After which the said Acts were published and his Excellency returned to his House as usual 

The Council returned to the Council Chamber 

The Speaker resumed the Chair 

His Excellency having directed the Speaker of the General Assembly to adjourn the house to 
the first Tuesday in August next 

The Council therefore adjourned to the same day 



Tuesday, August the 6 th , 1745. 
The Council met according to adjournment 

PRESENT The Hono l!e ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The General Assembly standing adjourned to Tuesday the 13 Inst 

The Council therefore adjourned to the same day 



894 Journal of the Legislative Council of New York, [ U^ST 

Tuesday, August the 13 A , 1745. 
The Council met according to adjournment 
PRESENT The Hono ble JAMES DE LANCET, Esq r , Ch : Just. 

PHILIP COETLANDT, 

DANIEL HORSMANDEN, Esq. 

A sufficient number of the members of the General Assembly not being in Town the Council 
therefore adjourned till to morrow morning 11 o clock and then met and adjourned till Thursday 
the 15 th Inst 

And afterwards met & adjourned from time to time to Saturday Oct 1 " 26 th 1745 



Saturday, October the 26 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono m JAMES DE LANCET, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Herring & M r Gale with the Bill Entitled, 
" An Act to continue An Act intitled, An Act to prevent Damages by Swine in the County of 
" Orange & some parts of Ulster County and for repealing all other Acts concerning the same 
" within the said County of Orange" Desiring the concurrence of the Council 

Then the said Bill was read the first time & 

Ordered a second Reading 

A Message from the General Assembly by M r Nicoll and Major Van Home with the Bill 
Entitled, " An Act to restrain disorderly & unlawful Gaming Houses in the Colony of New 
York" Desiring the concurrence of the Council thereto 

Then the said Bill was read the 1 st time and 

Ordered to be read a second time 

Then the Council adj d till Tuesday morning next a 10 o clock and then met & adjourned to 
Thursday Oct r 21 st (sic) 



Thursday, Oct r 31", 1745. 
The Council met according to adjournment 

PRESENT The Hono. JAMES DE LANCET, Esq r , Speaker, 

JOSEPH MURRAT, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Harring & M r Hardenbergh with the Bill 
Intituled, " An Act for raising in the south part of Orange County a sum not exceeding one 
"hundred pounds for finishing & compleating the Court House & Goal in Orange Town" 
Desiring the concurrence of the Council thereto 

Then the said Bill was read the first time and 

Ordered a second reading 

Then the Council adjourned till to morrow morning 11 o clock and afterwards met & adjourned 
till Fryday Nov r the 8 th 1745 



1745.] The Hon. George Clinton, Esq: Governor. 895 

Fryday, November the 8 \ 1 745. 
The Council met accord to adjournment 

PRESENT The Hono : ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by M r Richard & Coll Schuyler with the Bill Entitled, " An 
" Act to let to farm the Excise on Strong Liquors retailed in this Colony from the first day of 
" Nov r 1745 to the first day of Nov r 1.740" Desireing the concurrence of the Council thereto 

Then the said Bill was read the 1 st time & 

Ord d a second reading 

Ordered, that the Bill Entitled, " An Act to continue An Act intitled, An Act to prevent 
" Damages by Swine in the County of Orange & some parts of Ulster County & for repealing 
" all_other Acts concerning the same within the said County of Orange ; The Bill Entitled, " An 
" Act to restrain disorderly & unlawful Gaming Houses in the Colony of New York," and the 
Bill Entitled, " An Act for raising in the south part of Orange County a sum not exceeding 
" =100 for finishing & compleating the Court House & Goal in Orange Town" be now read the 
second time 

Then the said Bills were read the 2 d time and 

Ordered to be committed 

The Hono ble James De Lancey Esq r moved for leave to bring in a Bill to vindicate & assert 
the Rights of the Freeholders to Elect their own Representatives to serve in General Assembly 
for the several Countys, Citys, Boroughs & Manors within this Colony 

Ordered, that leave be given accordingly 

Then the Council adjourn d till Wednesday morning 11 "clock 



Wednesday, the IB" 1 November, 1745. 
The Council met according to adjournment 

PRESENT The HonoV 6 ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

A Message from the Gen 11 Assembly by Coll Schuyler and M r Nicoll with the Bill Entituled, 
" An Act to amend the practice of the Law and to regulate the giving of Special Bail" Desiring 
y e concurrence of the Council thereto 

A Message from the General Assembly by M r Pierson & M r Cornell with the Bill entitled, 
" An Act to continue An Act intitled, An Act to encourage the destroying of Wild Catts in the 
" County of Suffolk" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by Coll Phillipse & M r Thomas with the Bill Intitled, 
" An Act for the better clearing Regulating & further laying out publick High Roads in the 
" County of West Chester" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Nicoll and M r Ab m Lott with the Bill entituled, 
" An Act to amend An Act intituled, An Act for the better clearing Regulating & further laying 
" out publick High Ways in the County of Suffolk" Desiring the concurrence of the Council 
thereto 

A Message from the General Assembly by M r Thomas & Coll Beekman with a Bill Intitled, 
" An Act further to continue An Act intituled, An Act for and towards supporting the 
" Government of this Colony by granting to his Majesty the Dutys therein mentioned from the 
" first day of Dec r 1740 to the first day of December 1741 Desiring the concurrence of the 
" Council thereto 

Then the Council adj d till to morr morning 11 o clock 



896 Journal of the Legislative Council of New York. C^MS* 

Thursday, November the 14 4 , 1745. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNED Y, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

Ordered, that the five Bills brought to the Council yesterday from the General Assembly be 
now read the first time 

Then the said five Bills were read the first time & 

Ordered a second Reading 

A Message from the General Assembly by Capt. Richards and M r Cruger with a Bill Intitled, 
" An Act for raising :J375 by way of Lottery for erecting Fortifications on Nutten Island". 
Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Thomas and M r Hardenbrook with a Bill 
Entitled, " An Act to alter the place of the Supervisors meeting in the County of West Chester" 
Desiring the concurrence of the Council thereto. 

Then the said two Bills were read the first time and 

Ordered, a second reading 

Ordered, that the Bill Entituled, " An Act to let to farm the Excise on Strong Liquors 
" retailed in this Colony from the 1 st day of Nov r 1745 to the 1 st day of Nov r 1740" be now read 
the second time 

Then the said Bill was read the 2 d time & 

Ordered, to be committed 

Then the Council adj d till 10 o clock to morrow morning 



Fry day, November the 15"", 1745. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Cornell and Capt n Stilwell with a Bill Entituled, 
" An Act for the better clearing regulating and further laying out publick High Ways in Kings 
County, Queens County, Richmond County & Orange County" Desiring the concurrence of the 
Council thereto 

Then the said Bill was read the first time & 

Ordered a second Reading 

The Council resolved themselves into a Commee on the four foil Bills viz* 

The Bill Entituled, " An Act to continue An Act intituled, An Act to prevent Damages by 
" Swine in the County of Orange & some parts of Ulster County & for repealing all other Acts 
" concerning the same within the said County of Orange" 

The Bill Entituled, " An Act to restrain disorderly & unlawful Gaming Houses in the County 
" of New York." 

The Bill Entituled, " An Act for raising in the south part of Orange County a sum not 
" exceeding ,100 for finishing & compleating the Court House & Goal in Orange Town and 

The Bill Intituled, " An Act to let to farm the I^xciseon Strong Liquors retailed in this Colony 
" from the 1 st day of Nov r 1745 to the 1" day of Nov r 1746" 

The Committee having duely weighed & considered of the said Bills and being ready to 
make their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the s d Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place reported 
that the said Committee had gone through the said Bills severally, and directed him to report 
them without any amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the following Bills be now read the second time viz 



1745.] The Hon. George Clinton, Esq: Governor. 897 

The Bill Entituled, " An Act to amend the practice of the Law and to regulate the giving 
" of Special Bail" 

The Bill Entituled, "An Act to continue An Act entituled, An Act to encourage the destroying 
" of Wild Catts in the County of Suffolk " 

The Bill Entituled, "An Act for the better clearing Regulating & further laying out publick 
" High Roads in the County of West Chester" 

Tiie Bill Entituled, "An Act to amend An Act Intituled, An Act for the better clearing 
" Regulating and further laying out publick High Ways in the County of Suffolk 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act for & towards 
" Supporting the Government of this Colony by granting to his Majesty the Dutys therein 
" mentioned from the 1 st day of Dec r 1740 to the ] st day of Dec r 1741 

The Bill Entituled, "An Act for raising .3375 by way of Lottery for erecting Fortification 
" on Nutten Island, and 

The Bill Entituled, "An Act to alter the place of the Supervisor s Meeting in the County of 
" West Chester 

Then the said Bills were read the second time and 

Ordered to be Committed 

Then the Council adjourned till 3 o clock P M 



Fry day, November the 15 A , 1745. P Merid 
The Council met according to adjournment 

PRESENT as in the Forenoon 

The Speaker assumed the Chair and 

The Council adjourned till to morrow morning 10 o clock 

Saturday, November the 16 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DAN HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Ordered, that the following Bills be now read the third time viz 1 

The Bill Entituled, "An Act to continue An Act Entituled, An Act to prevent Damages by 
" Swine in the County of Orange & some parts of Ulster County and for repealing of all other 
" acts concerning the same within the said County of Orange " 

The Bill Entituled, "An Act to restrain disorderly & unlawful Gaming Houses in the Colony 
"of New York" 

The Bill Entituled, "An Act for raising in the South part of Orange County a sum not 
" exceeding one hundred pounds for finishing & compleating the Court House & Goal in Orange 
"Town" and 

The Bill entituled, "An Act to let to" farm the Excise on Strong Liquors retailed in this 
" Colony from the first day of Nov r 1745 to the first day of Nov r 1746 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the General Assembly that the 
Council have passed the said Bills without amendment 

The Council Resolved themselves into a Committee on the following Bills viz 

The Bill Entituled, "An Act to continue An Act Entituled, An Act to encourage the 
"Destroying of Wild Catts in the County of Suffolk " 

The Bill Entituled, "An Act for the better clearing, Regulating & further laying out publick 
"High Roads in the County of West Chester" 

The Bill Entituled, "An Act to amend An Act Entituled, An Act for the better clearing 
" Regulating and further laying out publick High Ways in the County of Suffolk " 

113 



898 Journal ol the Legislative Council of New York. ["X &,""" 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act for & towards 
" Support^ the Government of this Colony by granting to his Majesty the Dutys therein 
" mentioned from the first day of Dec r 1740 to the 1 st day of Dec r 1741, and 

The Bill Entituled, " An Act to alter the place of the Supervisor s meeting in the County of 
" West Chester. 

The Committee having duely weighed & considered of the said Bills and being ready to make 
their report thereon when the Council would please to receive the same 

The Speaker resumed y e Chair 

Ordered, that the said Report be now made 

Then the Hono ble Dan 1 Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Committee had gone through the said Bills severally & had directed him to 
Report them without any amendment 

Which Report on the Question being put was agreed to & approved of and 

Ordered, that the said Bills be read the 3 d time 

Ordered, that the Bill Entituled, "An Act for the better clearing Regulating & further laying 
" out publick High Ways in Kings County, Queens County, Richmond County & Orange County, 
" be now read the second time 

Then the said Bill was read the 2 d time & 

Ordered to be committed 

The Council Resolved themselves into a Commee to consider of the said Bill 

The Committee having duely weighed & considered of the said Bill & being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hon. Daniel Horsmanden Esq r Chairman of the said Committee in his place Reported 
that the Committee had duely weighed & considered of the said Bill & had directed him to report 
the same without amendment 

Which Report on the Question being put was agreed to & approved of and 

Ordered, that the said Bill be read the third time 

Then the Council adjourned till Monday morning 11 "clock 



Monday, November the 18 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordend, that the following Bills be now read the third time viz* 

The Bill Entituled, " An Act to continue An Act Entituled, An Act to encourage the 
" destroying of Wild Catts in the County of Suffolk. 

The BifhEntituled, "An Act for the better clearing, Regulating & further laying out publick 
" High Roads in the County of West Chester" 

The Bill Entituled, "An Act to amend An Act Entituled, Ati Act for the better clearing 
" regulating and further laying out publick Highways in the County of Suffolk" 

The Bill Entituled, An Act further to continue An Act Entituled, An Act for and towards 
" Supporting the Government of this Colony by granting to his Majesty the Dutys therein 
" mentioned from the 1 st day of Dec r 1740 to the first day of Dec 1 " 1741 " 

Tl e Bill Entituled, -An Act to Alter the place of the Supervisors meeting in the County of 
" West Chester " and 

The Bill Entituled, " An Act for the better clearing regulating & further laying out publick 
" Highways in Kings County, Queens County, Richmond County & Orange County" 

Then the said Bills were read the third time and 

On the Question being severally put 

Rfsoh-cd, that the said Bills do pass 

Ordered, that the Honoble James De Lancey Esq r do acquaint the General Assembly that the 
Council have passed the first four of the said Bills without any amendment and that the Honn ble 
John Moore Esq r do acquaint the General Assembly that the Council have passed the two last 
mentioned of the said Bills without any amendment 

The Council adjourned till to morrow morning 10 o clock 



1745.] The Hon. George Clinton, Esq : Governor. 899 

Tuesday, November the 19 *, 1745. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq rs . 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Schuyler and Coll Beekman with a Bill 
Entituled, " An Act for payment of the salaries services & contingencys therein mentioned until 
" the first day of Sepf 1746 out of the Fonds appropriated for the support of this Governm" 
Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Hardenbrook & Coll Haring with a Bill 
Entiiuled, " An Act to raise a sum not exceeding one hundred pounds for the finishing of the 
" Court House & Goal in the County of Ulster & defraying such charges as are already laid out 
" & expended towards the building of the said Court House and Goal" Desiring the concurrence 
of the Council thereto 

A Message from the General Assembly by Capt Renselaer & Capt Winne with the Bill Entituled, 
" An Act for the Establishing a Military Watch for the City & County of Albany, Desiring the 
concurrence of the Council thereto 

Then the said Bills were read the first time and 

Ordered a second reading 

Then the Council adjourned till to morrow morning 11 o clock 



Wednesday, November the 20 \ 1745. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DAN HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act to raise a sum not exceeding one hundred pounds 
" for the finishing of the Court House & Goal in the County of Ulster and for defraying such 
" charges as are already laid out & expended towards the Building of the said Court House and 
" Goal" and The Bill Entituled, " An Act for the Establishing a Military Watch for the City & 
" County of Albany," be now read the second time 

Then the said Bills were read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Commee on the Bill Entituled, " An Act for raising 
" -3375 by way of Lottery for erecting Fortifications on Nutten Island" 

The Committee having duely weighed and considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker res d the Chair 

Ordered, that the s d Report be now made 

The Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said Bill and had directed him to report the same 
with some Amendments 

Then the said Amendments were read and 

On the Question being put 

The Report was agreed to & approved of and 

Ordered, that the said Bill be read the third time as Amended 

A Message from the General Assembly by M r Tappan and M r Hardenbrook with the Bill 
Entituled, " An Act to prevent Damages by Swine in Dutchess County, Desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by Coll Beekman and Capt Renselaer with a Bill 
Entituled, - An Act to finish & Compleat the Court House & Goal in Dutches County & for 
"defraying the other Charges therein mentioned" Desiring the concurrence of the Council 
thereto 



900 Journal of the Legislative Council of New York. [ ^ s^IST 

A Message from the General Assembly by Capt n Richard & Coll Beekman with a Bill 
Entituled, " An Act for naturalizing Jurian Hansen Schack and Hendrick Wessells," Desiring 
the concurrence of the Council thereto 

Then the said three Bills were read first time & 

Ordered to be read a Second time 

A Message from the General Assembly by M r Clarkson and Major Van Home with a Bill 
Entituled, "An Act to enable the Inhabitants of the City of New York to choose annually two 
" Vestrymen for each respective Ward within the said City" Desiring the Concurrence of the 
Council thereto 

Then the said Bill was read the 1 st time & 

Ordered to be read a second time 

The Council adjourned till to morrow morng 11 o clock 



Thursday, November the 21", 1745. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the following Bills be now read the second time viz 

The Bill Entituled, "An Act for payment of the Salarys Services & Contingencys therein 
" mentioned until the 1 st day of September 174G out of the Funds appropriated for the Support 
" of this Government" 

The Bill Entituled, "An Act to prevent Damages by Swine in Dutches County. 

The Bill Entituled, "An Act to finish & compleat the Court House & Goal in Dutches 
"County & for defraying the other charges therein mentioned 

The Bill Entituled, "An Act for naturalizing Jurian Hansen Schaack and Hendrick Wessells" 
and 

The Bill Entituled, "An Act to Enable the Inhabitants of the City of New York to choose 
" annually two Vestrymen for each respective Ward within the said City" 

Then the said Bills were read the second time & 

Ordered to be Committed 

The Council Resolved themselves into a Commee on the Bill Entituled, "An Act to raise a 
" sum not exceeding one hundred pounds for the finishing of the Court House & Goal in the 
" County of Ulster & defraying such charges as are already laid out & expended towards the 
" Building of the said Court House and Goal, And also the Bill Entituled, "An Act for 
"the Establishing a Military Watch for the City & County of Albany, As also on the five 
following Bills viz 1 

The Bill Entituled, " An Act to enable the Inhabitants of the City of New York to choose 
" annually two Vestrymen for each respective Ward within the said City " 

The Bill Entituled, " An Act for paym of the Salarys Services & Contingencys therein 
" mentioned until the 1 st day of Sepf 1746 out of the Funds appropriated for the Support of 
" this Government " 

The Bill Entituled, "An Act to finish and compleat the Court House & Goal in Dutches 
" County and for defraying the other charges therein mentioned 

The Bill Entituled, "An Act to prevent Damages by Swine in Dutches County and 

The Bill Entituled, "An Act for Naturalizing Jurian Hansen Schaick & Hendrick Wessells" 

The Committee having gone through the said Bills severally and being ready to make their 
Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said seven Bills and had directed him to 
report them without any amendment 

Which Report on the Question being put was agreed to & approv d of and 

Ordered, that the said Bills be read the third time 

Then the Council adjourned till to morrow morning 10 clock 



1745.] The Hon. George Clinton, Esq : Governor. 901 

Fryday, November 22 d , 1745. 
The Council met according to adjournment 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HOKSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard & Capt Winne with the Bill Entituled, 
" An Act for paying the sum of one thousand five hundred & eleven pounds twelve shillings for 
" the service of this Colony 

A Message from the Gen 1 Assembly by Coll Schuyler & Maj r Van Home with the Bill 
Entituled, "An Act for continuing An Act intituled, An Act for the better regulating the 
Militia of this Colony 

A Message from the Gen 1 Assembly by Coll Morris & Capt Winne with the Bill Entituled, 
" An Act to make it ffelony without Benefit of Clergy to Conterfeit any Spanish, French or 
" Portuguese Gold or Silver within this Colony " 

Then the said Bills were read the first time & 

Ordered a second reading 

Ordered, that the following Bills be now read the third time viz 

The Bill Entituled, "An Act for payment of the Salarys, Services & Contingences therein 
" mentioned until the first day of Sepf 1746 out of the Funds appropriated for the support of 
" this Government 

The Bill Entituled, "An Act to raise a sum not exceeding 100, for the finishing of the Court 
" House and Goal in County of Ulster & defraying such charges as are already laid out & expended 
" tow ds the building of the said Court House & Goal" 

The Bill Eutituled, " An Act for the Establishing a Military watch for the City & County of 
" Albany 

The Bill Entituled, " An Act to prevent Darn 8 by Swine in Dutches County 

The Bill Entituled, " An Act to finish & Compleat the Court House & Goal in Dutches 
County & for defraying the other charges therein mentioned, and 

The Bill Entituled, " An Act to enable the Inhabitants of the City of New York to choose 
" annually two vestry men for each respective Ward within the said City 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the Gen u Assembly that the 
Council have passed the three first mentioned of the said Bills without amendment and that 
the Hono John Moore Esq r do acquaint the General Assembly that the Council have also passed 
the other three of the said Bills without amendm 

The Council adjourned till to morrow morning 10 o clock 



Saturday, November the 23 d , 1745. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Bill Entituled, " An Act to make it Felony without Benefit of Clergy to counterfeit any 
" Spanish French or Portuguese Gold or Silver within this Colony 

The Bill Entituled, " An Act for continuing An Act Entituled, An Act for the better 
" regulating the Militia of this Colony. And 

The Bill Entituled, " An Act for paying the sum of ,151 1. 12 for the service of this Colony" 
be now read the second time 

Then the said Bills were read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Committee on the said three Bills 



902 Journal of the Legislative Council of New York. [ 2 ^ s f" 8 "- 

The Committee having gone through the said Bills and being ready to make their Report 
thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Committee had gone through the said Bills and had directed him to Report 
them without any amendment 

Which Report on the Question being put was agreed to & approved of and 

Ord d , that the said Bills be read the third time 

Ordered, that the Bill Entituled, " An Act for raising 3375 by way of Lottery for erecting 
" Fortifications on Nutteen Island be now read the third time as amended 

Then the said Bill was read the third time as amended. And 

On the Question being put 

Resolved, that the said Bill as amended do pass 

Ordered, that the Hono James De Lancey Esq r do carry the said Bill with the amendments 
to the General Assembly and acquaint them tliat the Council have passed the said Bill with some 
amendments thereto to which they desire their concurrence 

Then ttie Council adjourned till Monday morning 10 o clock 



Monday, November the 25" , 1745. 
The Council met according to adjournm 

PRESENT The Hono bu ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
STEPHEN (sic) COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the foil Bills be now read the third time viz 

The Bill Kntituled, " An Act for Naturalizing Jurian Hansen Schack and Hendrick Wessells" 
The Bill Entituled, " An Act for paying 1511. 12 for the service of this Colony. And 
The Bill Entituled, "An Act to make it Felony without Benefit of Clergy to Counterfeit any 
" Spanish French or Portugueze Gold or Silver within this Colony" 
Then the said Bills were read the third time and 
On the Question being put 
Resolved, that the said Bills do pass 
The Council adjourned till 3 o clock P. M. 



Monday, November the 25 *, 1745. P l Merid 

PRESENT as in the Forenoon 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act to amend 
" the practice of the Law and to regulate the giving of Special Bnil. 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ble Daniel Horsmanden Esq r Chairm"of the said Committee in his place reported 
that the Committee had gone through the said Bill and had directed him to Report the same 
with an amendment thereto 

Then the amendment was read and 

On the Question being put the Report was agreed to & approved of and 

Ordered, that the said Bill as amended be now read the third time 

Then the said Bill as amended was read the third time and 

On the Question being i ut 

Resnlvcd, that the said Bill as amended do pass 

Ordered, that the Bill Entituled, "An Act for continuing An Act Entituled An Act for the 
" better Regulating the Militia of this Colony " be now read the third time 



1745.] The Hon. George Clinton, Esq: Governor. 903 

Then the said Bill was read the third time and 

On the Question being put 

Resolvtd, that the said Bill do pass 

Then the Council adjourned till to morrow morn 10 o clock 



Tuesday, November the 26 *, 1745. 
The Council met according to adjournment 

PRESENT The Ho?io Me ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Hono ble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the following Bills without any amendment viz 

The Bill Entituled "An Act to m;ike it Felony without Benefit of Clergy to counterfeit any 
" Spanish Fivnch or Portuguese Gold or Silver within this Colony " 

The Bill Entituled, - An Act for naturalizing Juryan Hansen Schack & Hendrick Wessells " 

The Bill Entituled, "An Act for paying ,1511. 12 for the service of this Colony " and 

The Bill Entituled, "An Act for continuing An Act Entituled, An Act for the better 
" regulating the Militia of ibis Colony 

Ordered, that the Houo ble James D j Lancey Esq r do acquaint the General Assembly that the 
Council have passed the Bill Entituled, "An Act to amend the practice of the Law and to 
" regulate the giving of Special Bail, with an Amendment thereto, to which they desire their 
concurrence 

A Message from the General Assembly by Capt" Richard & Coll Beekman with the Bill 
Entituled, "An Act to amend the practice of the Law and to regulate the giving of Special 
" Bail " with the amendment thereto acquainting the Council that the General Assembly do 
agree to the said Amendm and desire the Bill may be amended accordingly 

Then the said Bill was accordingly amended by adding the following clause between the 24 th 
and 25 th Lines of the first page of the said Bill 

" And Be it further Enacted by the Authority aforesaid That all and every the Attorneys of 
" the Supreme Court may commence & prosecute any action or suit for his or their clients in any 
" inferior Court within this Colony any L-IW, Usage or Custom to the Contrary notwithstanding 

The Council adjourned till 3 clock H Merid 



Tuesday, November the 26 \ P Merid 
The Council met according to adjournment 

PRESENT The Ho/w fjle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PlIILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council adjourned till to morrow morning 10 clock and then met and adjourned till 
Fryday Nov r 29 th 1745 



904 Journal of the Legislative Coimcil of New York. [ 2 ^ %; 

Fry day, November the 29 *, 1745. 
The Council met according to adjournm* 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP COURTLANDT, 
DANIEL HOKSMANDEN, 
JOHN MOORE, Esq". 

His Excellency the Governour being come to the Council Chamber Required the advice of 
the Council whether he might with safety adjourn the Assembly for any time at this Juncture 

The Council were of opinion & advised his Excellency to adjourn the Assembly to Tuesday 
the 17 h December next That the Collo 8 of the Militia might in the meantime make proper 
Dispositions of their several Regim 15 for the better security of their respective Countys 

His Excellency then sent a Message by the Clerk of the Council to the General Assembly 
requiring the immediate attendance of that House at the Council Chamber in the City Hall 

The General Assembly attending accordingly with their Speaker 

His Excellency was pleased to give his Assent to the 21 foil Bills viz* 

" An Act to continue An Act Entituled, An Act to prevent Damages by Swine in the County 
" of Orange and some parts of Ulster County & for repealing all other Acts concerning the same 
" within the said County of Orange 

" An Act to restrain disorderly & unlawful Gaming Houses in the Colony of New York 

" An Act for raising in the south part of Orange County a sum not exceeding .100 for 
" finishing & compleating the Court House & Goal in Orange Town" 

" An Act to let to farm the Excise on Strong Liquors retailed in this Colony from the 1 st of 
" Novem r 1745 to the first day of November 1746 

" An Act to amend the practice of the Law and to regulate the giving of Special Bail 

" An Act to continue An Act Entituled, An Act to encourage the destroying of Wild Catta 
" in the County of Suffolk " 

" An Act for the better clearing regulating and further laying out publick High ways in the 
" County of West Chester" 

" An Act to amend An Act entituled, An Act for the better clearing regulating and further 
" laying out publick High ways in the County of Suffolk 

"An Act further to continue An Act Entituled, An Act for & towards supporting the 
" Government of this Colony by granting to his Majesty the Dutys therein mentioned from the 
" 1 st day of Dec r 1740 to the first day of Dec r 1741 with an addition thereto" 

" An Act to alter the place of the Supervisors meeting in the County of West Chester 

" An Act for the better clearing regulating and further laying out publick Highways in Kings 
" County, Queens County Richmond County and Orange County 

" An Act for the payment of the salarys services and contingencys therein mentioned until the 
first day of September 1746. 

" An Act to raise a sum not exceeding .100 for the finishing of the Court House & Goal in 
" the County of Ulster & defraying such charges as are already laid out and expended towards 
" the building of the said Court House & Goal 

" An Act for the Establishing a Military Watch for the City & County of Albany" 

" An Act to prevent Damages by Swine in Dutches County 

" An Act to finish & compleat the Court House & Goal in Dutches County and for defraying 
" other charges therein mentioned. 

" An Act for naturalizing Jurian Hansen Schack and Hendrick Wessells 

" An Act to enable the Inhabitants of the Cit.y of New York to choose annually two vestrymen 
" for each respective Ward within the said City 

" An Act for paying the sum of .1511.. 12 for the service of this Colony 

" An Act for continuing An Act Entituled, An Act to regulate the Militia of this Colony and 

" An Act to make it Felony without Benefit of Clergy to counterfeit any Spanish French or 
" Portuguese Gold or Silver within this Colony 

Afterwards the said Acts were published with the usual solemnity 

His Excellency then directed the Gen" Assembly to return to the Assembly Chamber & 
adjourn themselves to Tuesday the 17 th of Decem r next 

Then his Excellency returned to his Residence attended as usual 

The Speaker assumed the Chair 

His Excellency having directed the General Assembly to adjourn themselves to Tuesday the 
17 th of December next 

The Council therefore adjourned to the same day 



1745.] The Hon. George Clinton, Esq: Governor. 905 

Tuesday, December the 17 A , 1745. 
The Council met according to adjournment & adjourned to Fryday morning 10 o clock 

Fryday, December tlie 20 , 1745. 
The Council met according to adjournment 

PRESENT The Hono bl ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker tssumed the Chair 

The Clerk of the Council laid a copy of the Message sent by his Excellency to the General 
Assembly before the Council which was read & 
Ordered to be entered & is as follows viz 

Gentlemen, 

Soon after your Adjournment, I sent his Majesty s Troops from hence, to Albany, for the 
Defence of that City, conceiving it in Danger of falling into the hands of the Enemy, from the 
late attempts they have made upon our Frontiers ; and since I have received Letters from the 
Colonel of the Militia Regiment of that County, and the Commissioners of Indian Affairs, (which 
I shall order to be laid before you) recommending the immediate Re-building the Fort at 
Saraghtoga, for the Reasons therein set forth ; which his Majesty s Council thought of such 
Weight, that by their Advice, I have sent up Directions to have it re-built accordingly, for the 
Expence whereof, I doubt not, you will now make provision, and for the Pay of such additional 
Forces as shall be advised to send up, for the Protection of the Frontiers; as also, for giving a 
proper Encouragement, for our People to take Pains, to engage the Indians heartily in the War, 
pursuant to the Orders I have sent them. 

The Fort intended to be built at the Carrying-Place, ought to be large and strong, of Stone 
Work ; and though a Building of that Sort, will require an extraordinary Expence, yet that 
should be looked upon as inconsiderable, when laid in the Ballance with the great Service, 
a regular w^ll built Fort will be of at all Times hereafter, but especially during the War. 

The absolute Necessity of concerting Measures, jointly with the neighbouring Governments, 
touching the Prosecution of the War, is now most manifest; I have so often pressed it upon 
you, to make Provision to this End, that I cannot further inforce my Recommendation, than by 
repeating it, and offering to your Consideration, a Letter just received from Lieut. Governor 
Phips, renewing the Overtures frequently made to me, by the Massachusetts Government on 
that Head, as a Matter of the utmost Consequence, for the Preservation of his Majesty s Subjects, 
and Colonies in North-America. 

The Militia Act, requires some material amendments; the Penalties should be enlarged, to 
compel due Obedience to military Orders, and as there are many Persons within this Province, 
who claim an Exemption from military Service at this Time of War, under Colour of Commissions 
at large, without being confined to any particular Corps ; a Clause should be provided, to 
invalidate such Commissions, and subject all such Persons (who are not excepted by the Act) to 
do private Duty. 

Gentlemen, 

There have been several Things laid before you, concerning the Service and Honour of this 
Province, which seem hitherto to have escaped your Attention ; you may easily discover them 
by a Review of your Proceedings, and I am sorry they have not been thought worthy of your 
Notice. 

As we have a subtle and active Enemy to deal with, one of our Frontier Settlements already 
destroyed, whereby many unhappy People were murthered, and others led Captives to Canada ; 
I have great Reason to apprehend, the French have a very formidable Army in our Neighbourhood, 
with a Design to make lucursions into the Heart of the Province ; therefore I persuade myself, 
from the last Resolution you come to, you ll make Use of the Means in your Power, to strengthen 
the Hands of the Government, and provide for every Thing necessary, not only that we may 
be enabled effectually to preserve his Majesty s Colony, under my Care, and your own Fortunes, 
but also make the Enemy sensible of the Effects of our just Resentment 

114 



906 Journal of the Legislative Council of New York [ 2 ilt *"" 

The present Circumstances of Affairs appear to me in such Light, that they require your 
most vigorous and speedy Resolutions, for the mutual Protection of this, and the neighbouring 
Colonies, agreeable to his Majesty s royal Orders and Instructions communicated to you. 

G. CLINTON. 
Then the Council adjourned till Tuesday December 24 th 10 o clock A. M. 



Tuesday December 24 *, 1745. 
The Council met according to adjournment 

PRESENT The, Hono e ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PlIILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council adjourned to Thursday the 23 d of January next 



Thursday, January the 23 rf , 1745 
The Council met according to adjournm 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Beekman and Major Van Home with a Bill 
Entituled, "An Act for the better regulateing the Militia of this Colony " Desiring the 
concurrence of the Council thereto 

Then the said Bill was read the first time and 

Ordered to be read a second time 

The Council adjourned till Saturday next 11 clock A M 



Saturday, January 25" 1 , 1745 
The Council met according to adjournm 

PRESENT The Hono Ke PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt Richard and M r Cruger acquainting the 
Council that the General Assembly desire they would appoint a Committee of the Council to 
join a Committee to be appointed by the Assembly to Confer upon the subject matter of that 
part of his Excellency s Message relateing to the appointment of Commissioners to treat with 
such as are or may be appointed by the Neighbouring Colonys 

The Council having taken the said Message into their Consideration, it is 

Ordered, that the Hono ble James De Lancey, Daniel Horsmanden, Joseph Murray and John 
Moore Esq" be a Committee to confer with the Committee to be appointed by the General 
Assembly upon the Subject matter of said Message. That they meet the said Committee at 6 



1745.] The Hon. George Clinton, Esq: Governor. 907 

clock this Evening at the House of the "Widow Baker. That they have leave to adjourn from 
time to time as occasion may require, and that they report their proceedings thereupon to the 
Council 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the General Assembly with the 
above order 

Ordered, that the Bill Entituled, "An Act for the better regulating the Militia of this Colony " 
be now read the second time 

Then the said Bill was read the 2 d time and 

Ordered, to be committed 

The Council [adjourned] till Monday 3 o clock P Merid 



Monday, January the 27 A , 1745. 
The Council met and adjourned till Fryday the 31 st Inst 11 o clock A M 

Fryday, January the 31 s , 1745. 
The Council met according to adjournment 

PRESENT The Hono lle PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Cruger and Capt n Richard with a Bill 
Entituled, "An Act for raising the sum of 3375, by a publick Lottery for this Colony for the 
" more effectual fortifying the City of New York " Desiring the concurrence of the Council 
thereto 

Then the said Bill was read the first time and 

Ordered a second reading 

The Council adjourned till Monday next 10 clock A. M. 



Monday, February the 3 d , 1745. A Merid 
The Council met and adjourned till 3 o clock P M 

February the 3 d , 1745. P M 
The Council met according to adjournment 

k 

PRESENT The Hono Ue PHILIP LIVINGSTON, Esq r , Speaker 

ARCHIBALD KENNEDY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordertd, that the Bill Entituled, " An Act for raising the sum of 3375^ by a publick 
" Lottery for this Colony for the more effectual fortifying the City of New York" be now read 
the second time 

Then the said Bill was read the 2 d time and 

Ordered to be committed 

The Council adjourned till Wednesday morning 11 clock 



908 JowrncH of the Legislative Council of New York. [ 2 J 

Wednesday, February the 5 A , 1745. 
The Council met according to adjournment 



24th ABBMD. 



PRESENT The Hono lu PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt Livingston & Capt Bradt with the Bill 
Entituled, "An Act for raising the sum of forty five pounds on the Township of Schenectady 
" for defraying the charge of keeping in repair the Fortifications of the said Town, Desiring 
the concurrence of the Council thereto 

Then the said Bill was read the first time and 

Ordered a second reading 

The Council adjourned till to morrow morning 10 o clock 



Thursday, February the Q th , 1745. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for raising the sum of 45, on the Township of 
Schenectady for defraying the charge of keeping in Repair the Fortifications of the said Town," 
be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned till to morrow morning 11 o clock 



Fryday, February the T h , 1745. 
The Council met & adjourned till to morrow morning 11 clock 

Saturday, February 8" , 1745. 
The Council met & adjourned till Monday morning 10 o clock 



1745.] The Hon. George Clinton, Esq: Governor. 909 

Monday, February the 10" , 1745. 

The Council met according to adjournm 1 

PRESENT The Hono lh PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act for 
" raising the sum of .3375 by a publick Lottery for this Colony, for the more effectual fortifying 
" the City of New York" and on the Bill Entituled, "An Act for raising the sum of .45 on 
" the Township of Schenectady for defraying the charge of keeping in Repair the Fortifications 
" of the said Town " 

The Committee having duely weighed & considered of the said Bills and being ready to make 
their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made* 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Commee had gone through the said Bills and had directed him to Report them 
without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bills be now read the third time 

Then the said Bills were read the third time and 

On the Question being put 

Resolved that the said Bills do pass 

The Council adjourned till to morrow morning 11 o clock 



Tuesday, February the 11 *, 1745. 

The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Chambers and M r Abraham Lott with a Bill 
Entituled, " An Act for emitting Bills of Credit to the value of ,10,000 for the uses therein 
" mentioned, and for raising & collecting the sum of ,10.000 for sinking & cancelling the said 
" Bills" Desireing the concurrence of the Council thereto 

A Message from the General Assembly by Capt. Winne and Capt Renselaer with a Bill 
Entituled, " An Act for giving a Reward for such scalps & prisoners of the Enemy as shall be 
" taken by the Inhabitants of (or Indians in) this Colony, and to prevent the Inhabitants of the 
" City and County of Albany from selling Rum to the Indians" Desireing the concurrence of 
the Council thereto 

Then the said Bills were read the first time and 

Ordered a second Reading 

Ordered, that the Hono blc Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have past the two foll g Bills without any amendment viz* 

The Bill Entituled, " An Act for raising the sum of 3375 by a publick Lottery for this 
" Colony for the more effectual fortifying the City of New York. And the Bill Entituled, " An 
" Act for raising the sum of 45 on the Township of Scheuegtade for defraying the charge of 
" keeping in Repair the Fortifications of the said Town" 

The Council adjourned till Thursday morning 9 o clock 



Thursday, February the 13 A , 1745. 
The Council met according to adjournment, and adjourned till to morrow morning 11 o clock 



910 Journal of the Legislative Council of New York. [ 2 S IS 

Fryday, February the 14 th , 1745. 
The Council met according to adjournment 

PRESENT The Hono Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the Assembly by Capt Richards and M r Cruger with a Bill Entituled, " An 
" Act to raise, levy & collect the sum of .36 on the City & County of New York for the uses 
" therein mentioned" Desiring the concurrence of the Council thereto 

A Message from the Assembly by Coll Chambers and Coll Haring with a Bill Entituled, 
" An Act to prevent and punish mutiny & Desertion of his Majesty s Forces posted in this 
" Colony" Desiring the concurrence of the Council thereto 

Then the said Bills were read the first time & 

Ordered a second Reads 

Ordered, that the Bill Entituled, " An Act for emitting Bills of Credit to the value of .10.000 
" for the uses therein mentioned & for raising & collecting the sum of ,10,000 for sinking & 
" cancelling the said Bills" and the Bill Entit d , " An Act for giving a Reward for such scalps 
" & prisoners of the Enemy as shall be taken by the Inhabitants of (or Indians in alliance with) 
" this Colony and to prevent the Inhabitants of the City & County of Albany from selling 
" Rum to the Indians" be now read the second time 

Then the s d Bills were read the 3 d (sic) time & 

Ordered to be committed 

The Council adjourned to Monday next 10 clock A. M. 



Monday, February the 17 (A , 1745. 
The Council met according to adjournment 

PRESENT The Hono 116 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act for the 
" Regulating the Militia of this Colony" 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono: Daniel Horsmanden Esq r Chairman of the s d Commee in his place reported 
that the Committee had gone through the said Bill and had directed him to Report the same 
with several amendments 

Which amendments were read and 

On the Question being put were severally agreed to & approv d of 

Ordered, that the said Bill as amended be now read the 3 d time 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill as amended do pass 

Ordered, that the Hono ble John Moore Esq r do carry the af d Bill with the amendments to the 
General Assembly and acquaint them that the Council have passed the same with several 
amendments to which they desire their concurrence 

Ordered, that the Bill Entituled, " An Act to prevent & punish Mutiny & Desertion of his 
"Majestys Forces posted in this Colony" and the Bill Entituled, "An Act to raise levy & 



1745.J The Hon. George Clinton, Esq: Governor. 911 

" collect the sum of thirty six pounds on the City & County of New York " be now read the 
second time 

Then the said Bills were read the second time and 

Ordered to be committed 

The Council adjourned till 3 o clock P. M. 



Monday, Felruary the 17 *, 1745. P. M. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed 

The Hono ble Archibald Kennedy moved for leave to bring in a Bill " to Restrain all Dancing 
" Masters Schoolmasters or Teachers of Youth in any Art or Science from Teaching without 
" License & taking the oaths 

Ordered, that Leave be given accordingly 

Pursuant whereto a Bill was presented to the Council Entituled, "An Act to restrain all 
" Dancing Masters, Schoolmasters or Teachers of Youth in any Art or Science from Teaching 
" without Lycense & taking the oaths" 

Then the said Bill was read the 1 st time & 

Ordered a second Reading 

The Council Resolved themselves into a Committee on the Bill Entituled, " An Act to raise 
" levy & collect the sum of 36 on the City & County of New York and on the Bill Entituled, 
" An Act to prevent & punish mutiny & Desertion of his Majestys Forces posted in this Colony 

The Committee having duely weighed & considered of the said Bills and being ready to 
make their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Commee had gone through the said Bills and had directed him to Report 
the first of the said Bills without amendment and the other with several amendments 

Which amendments were read & approv d of and the Report On the Question being put was 
agreed to. 

Ordered, that the said Bills be read the third time 

The Council adjourned till four o clock to morrow P. M. 



Tuesday, February the 18 *, 1745. P. M. 
The Council met according to adjournment 

PRESENT The Hono 1 6 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP CORTLANDT, 
DANIEL HORSMAXDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act to restrain all Dancing Masters, Schoolmasters or 
" Teachers of Youth in any Art or Science from Teaching without Lycence and taking the oaths 

Then the said Bill was read the 2 d time & 

Ordered to be committed 

Ordered, that the Bill Entituled, " An Act to raise, levy & collect the sum of 36 on the 
" City & County of New York for the uses therein mentioned" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 



912 Journal of the Legislative Council of New Yorlc. [^tao" 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without any amendment 

Ordered, that the Bill Entituled, " An Act to prevent & punish Mutiny & Desertion of his 
" Majesty s Forces posted in this Colony" be now read the third time as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill do pass as amended 

Ordered, that the Hono ble Daniel Horsmanden Esq r do carry the said Bill to the General 
Assembly and acquaint them that the Council have passed the same with several amendments to 
which they desire their concurrence 

Then the Council adjourned till to morrow 4 o clock P Merid 



Wednesday, Febnuiry the 19 A , 1 745. P. M. 
The Council met & adjourned till to morrow morning 10 o clock 

Thursday, February the 20" 1 , 1745. 
The Council met according to adjournment 

PRESENT Tke Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee on the Bill Entituled, "An Act for giving 
" a Reward for Such Scalps & Prisoners of the Enemy as shall be taken by the Inhabitants of 
" (or Indians in Alliance with) this Colony and to prevent the Inhabitants of the City & 
" County of Albany from Selling Rum to Indians" 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would please to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the s d Committee in his place reported 
that the Commee had gone through the said Bill and had directed him to report the same 
without amendment 

Which Report on the Question being put was agreed to & approved of 

Ordered, that the said Bill be now read y e 3 d time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono Ie D do acquaint the General Assembly that the 

Council have passed the said Bill without, any amendment 

A Message from the General Assembly by Major Van Home & Coll Haring with tlie Bill 
Entituled, "An Act for the Regulateing the Militia of this Colony" acquainting the Council 
that the Gen 1 Assembly agree to the Amendments made by the Council to the said Bill and 
desire the Bill may be amended accordingly 

Then the following Amendments were made to the said Bill viz 1 
page 1 Line 19. Strike out the word (taken) & insert instead thereof [administred] 

20 After the word (shall) inseit the words [and is hereby impowered to] 
pa 2: 15 After the word (for) insert [every] 

25 Strike out the word (Commanded) & insert [appointed] 

3. 2 Strike out [soldier of] & after the word [Foot] insert [soldier] Strike out 

[Horse] and insert [Trooper] 

4 The same Amendment as Line 2 d 

10 Strike out [Soldier belonging to the Horse] & insert [Trooper] 

10 Strike out [Commanded] & insert [appointed to] 

22 Shrike out [all] & insert [(inch & every] 

26 After the word [wh^re] insert the words [there are] 

27 Strike out the words [have been or are in being] 



1746.] The Hon. George Clinton, Esq: Governor. 913 

pa 4. 10 After the word [refusing] insert [or neglecting] 
D After [to] add [inlist and] 
15 After appear insert [according to the Tenour and Meaning of this Act] 

19 Before [Furniture] insert the words [Cloathing on] 
Between the 20 & 21 st Line add the following Clause, to wit 

And be it further Enacted by the Authority aforesaid That no military Commission Officer 
either of Foot Companys or Troops of Horse whether Regimented or Unregimented nor any 
Trooper of the City of New York or Albany shall be lyable or subject to serve in the Office of 
Constable if chosen while he is such, any Law usage or Custom to the Contrary notwithstanding 

20 Strike out [Twenty] insert [Forty] 

22 After the second word [of] insert [a number not exceeding] 

23 After the second word [of] insert [a number not exceeding] 
pa 6 L 12 After the word [refuse] insert [or neglect] 

d After [be] add [and act as] 

14 After [refuse] add [or neglect] 

19 After [with] add [consent of the greater part of the Field Officers of] 
D Strike out the words [a General Council of officers from] 

pa 6 Between the 9 th & 10 th Lines insert the following clause viz 

And to the End that Articles of War may be speedily established Be it further Enacted That 
in case any Field Officer shall without any reasonable cause neglect to appear at the Time & 
Place appointed pursuant to Notice given for that purpose by the Captain General or Commander 
in Chief for the Time being every such Officer making such Default shall forfeit the sum of 
twenty pounds 

6 L 14 Strike out the first [and] & insert [shall neglect to appear or] 

7 2 Strike out [as aforesaid] & insert [contrary to the meaning of this Act] 
Last Line strike out the word [so] 

8 10 After [Colony] insert [excepting as in the manner hereinafter directed] 

20 After [cowardice] insert [or some other offence] after the words [by a] add 

[General] 

21 Strike out [or for some other notorious offence] 

22 After [officer] insert [of any Regiment Company or Troop] 

29 Strike out [the several] and insert [any of the] 
d Strike out "and] & insert [or] 

30 Strike out and] & insert [or] 



31 Strike out 
1 Strike out 



"only] 

"Governour] and insert [Captain General] 



Strike out the last six Lines in pa 9 and the first five Lines in pa 10 
10 Between the 26 th & 27 th Lines insert the following clause viz 

Provided nevertheless and Be it further Enacted that all physicians Surgeons & apothecarys 
Resident within the Citys of New York & Albany in case of Invasion & attack by the Enemy 
shall respectively attend each respective Troop & Company of the Militia (as occasion may 
require) with medicines & utencils on such posts as shall be assigned by the Captain General or 
Commander in Chief for the time being to take care of the sick & wounded and for their care 
& medicines administred to poor men & servants wounded or sick in the service, They shall be 
paid & Rewarded out of the publick Treasury of this Colony But in case any physician Surgeon 
or apothecary Resident as aforesaid shall wilfully neglect their attendance upon any such 
occasion the person or persons so neglecting shall forfeit the sum of one hundred pounds to be 
Recovered & applyed in such manner as shall hereafter be directed by Act or Acts to be passed 
for that purpose. 
pa 12 L 8 Strike out [every] & insert [no] 

9 Line strike out [not] 
15 Strike out [several] and before [the] put [any of] 

18 Strike out the words [Except as before excepted] 

d Strike out [having such] and insert instead thereof [claiming Exemption by] 

19 After the word [shall] insert [produce the same and] 

20 After the word [granted] insert (or shall take the following oath (which oath 

the officer within whose Beat the person so claiming Exemption inhabits is 
hereby impowed to administer) viz I, A. B, do swear that my commission 
was not obtained with intent to screen me from ordinary duty in the Militia 
24 nor have I been superceeded therein by my own consent, so help me God) 
& 25 Leave out [contrary to] and insert [without] 
pa 14 L 5 Strike out [offence] and insert [neglect & Default] 

7 Before [perform] add [or appearing shall not] Same Line strike out [and] 
14 Strike out [by] Strike out the 2 d [be] & after [taken] Strike out [to] & insert 



15 Strike out the last [to] 

pa 15 L 10 & 11 Strike out the words [any thing therein contained to the contrary thereof in any 
wise notwithstanding] 



115 



914 Journal of the Legislative Council of New York. [ ^ g e "; 

pa 16 L 1 After the word [City] insert the words [to be applyed] Line 14 after [pay] 

add [for] 

18 Strike out the word [assess] and insert [order] 

Line 8 from the bottom Strike out the words [not exceeding two slaves to each Gun] 
and instead thereof insert the words [or in any such manner as shall be 
directed by the Governour or Commander in Chief for the time being by and 
with the advice & consent of his Majesty s Council 
page 17 Between the 8 th & 9 th Lines insert the following clause. 

And whereas many persons have of late made it a practice to lay Boards Masts & other 
Timber within the Enclosure of the Fortification on Copsey Battery and to square & work the 
same there to the great Incumbrance & annoyance thereof as well as hazard and danger which 
is likely to arise therefrom to the Storehouse & other Buildings thereon erected by accidents 
from Fire Be it therefore enacted by the authority aforesaid that if from and after the publication 
of this Act any person or persons shall lay any Boards Masts or other Timber on any part within 
the Enclosure of the Fortification aforesaid out of the Bason thereof or work & manufacture 
the same there or any of them the person or persons so laying working squaring or manufacturing 
shall forfeit & pay the sum of forty pounds for every such offence to be recovered before the 
Mayor Recorder or any one of the Aldermen of the City of New York upon the oath of one or 
more credible witnesses, one half thereof to be paid & applyed to the person or persons who 
shall prosecute & sue for the same and the other half to the use of the poor of the said City to 
be levyed by distress & sale of the Offenders Goods & Chattels and in case such Boards Masts 
or Timber or the Shavings occasioned by the manufacturing thereof shall not be thence removed 
within two days after the conviction of any offender or offenders in the premises It shall & may 
be lawful for the Head Gunman belonging to the said Battery to cause such Boards Masts or 
other Timber to be removed & detain the same in his Custody until the owner or owners thereof 
shall pay the further sum of forty shillings to the said Head Gunner together with the costs < nd 
expences incurred by reason of removing the same 

A Message from the Assembly by Capt Winne & Capt Bradt with the Bill Entituled, " An 
" Act to prevent & punish Mutiny and Desertion of his Majesty s Forces posted in this Colony " 
acquainting the Council that the General Assembly agree to the amendments made by the 
Council to the said Bill and desire the Bill may be amended accordingly 

Then the said Bill was amended as follows 

In the Title, strike out the words [and punish Mutiny and] & the word [posted] 

Strike out the remainder of page [one] and all page [two] and insert the words following 

[Whereas sundry of his Majestys Soldiers have absented themselves and deserted the service 
in this Colony for prevention whereof for the future Be it Enacted by the Governour the Council 
and General Assembly that] 

The Council adjourned till to morrow morning 10 o clock 



Fryday, February the 21", 1745. 
The Council met according to adjournment 

PRESENT The. Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Hono ble Philip Courtlandt Esq r do acquaint the General Assembly that the 
Council desire a conference with them at Hoi let s House in the Bowery Lane to morrow morning 
11 o clock upon the subject matter of the Bill [entitled] An Act " for emitting Bills of Credit 
"to the value of .10.000 for the uses therein mentioned, and for raising and collecting the 
"sum of \ 0.000 for sinking & cancelling the said Bills" and that the Council have appointed 
the Hono ble James De Lancey, Joseph Murray & John Moore Esq" to be Managers at the said 
conference 

Ordered, that the said Managers do prepare a Draft of their objections and Reasons to be 
offered at the Conference and lay them before the Council 

The Council adjourned till to morrow morning 9 o clock 



1746.] The Hon. George Clinton, Esq: Governor. 915 

Saturday, February the 22 1 *, 1745. 

The Council met according to adjournment 

PRESENT The Hono bu PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Hardenbergh & Coll Herring in Answer to the 
Councils Message to them yesterday Desiring a Conference upon the subject matter of the Bill 
Entituled, "An Act for Emitting Bills of Credit to the Value of 10.000^ for the uses therein 
" mentioned and for raising & collecting the sum of ,10.000 for sinking & cancelling the said 
" Bills" acquainting the Council "that the said Bill being a money Bill their House could not 
" consent to any Conference with the Council upon the subject matter of the said Bill. 

Whereupon the said Bill was unanimously rejected 

Then the Hono ble Joseph Murray Esq r moved that a Committee might be appointed to draw 
up a Represent" to his Excellency setting forth the Reasons that induced the Council to reject 
the said Bill, and that the same should be published after its having been presented to his 
Excellency 

Ordered, that the Managers appointed to draw up the Reasons to have been offered at the late 
intended conference be a Committee to draw a Draught of the said Representa" and that they 
lay the same before the Council for their approbation with all convenient speed 

Then the Council adjourned to Tuesday morning 10 o clock 



Tuesday, February the 25 *, 1745. 

The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council adjourned till Thursday 3 o clock P. M. 



Thursday, February the 27 *, 1745. P. M 

The Council met according to adjournment 
PRESENT The Ho?io tle PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Hono ble James De Lancey Esq r from the Committee appointed to draw a Representation 
to his Excellency containing the Councils Reasons for rejecting the Bill Entituled, "An Act for 
"emitting Bills of Credit to the Value of .10.000 for the uses therein mentioned, and for 
" raising & collecting the sum of =10.000 for sinking & cancelling the said Bills" laid the same 
before the Council which was read & approved of and 

Ordered to be signed by the Speaker 

Then the said Representation was accordingly signed by the Speaker & 

Ordered to Entered in the Minits & is as follows to wit 



916 Journal of the Legislative Council of New York. [ 2 ! s^^T 

To His Excellency the Hono ble GEORGE CLINTON Esq r Captain General & Governor in Chief of 
the province of New York and the Territorys thereon depending in America Vice Admiral of 
the same & Vice Admiral of the Red Squadron of his Majesty s Fleet 

The Humble REPRESENTATION of his Majesty s Council of the said province 

May it please your Excellency 

The Council having lately had under their consideration, a Bill brought up to them from the 
House of Representatives Entituled, An Act for emitting Bills of Credit to the value of ten 
thousand pounds for the uses therein mentioned & for raising & collecting the sum of ten 
thousand pounds for sinking & cancelling the said Bills ; many difficulties & objections arose 
thereupon, and in order to remove them, the Council on the 21 st Instant sent a Message to the 
House of Representatives, to desire a Conference with them upon the subject matter of the said 
Bill ; whereto the House returned for answer " That the said Bill being a money Bill the House 
" could not consent to any conference with the Council upon the subject matter of the said 
Bill" 

This being the case the Council found themselves under a necessity of rejecting the said Bill, 
and have unanimously rejected it accordingly for the following among many other Reasons 

First, The Council observed a principal Defect in this Bill ; The money proposed to be levyed 
by it, was not granted to his Majesty, or to be issued by Warrants in Council, as it ought to 
have been, & has been usually done 

2<"y The Council observe in general that sundry matters were contained in this Bill that have 
no necessary or proper connection with a Bill for raising & levying money, to which the Council 
had exceptions, some whereof they propose to point out to your Excellency hereafter ; not but 
that the Council conceive they have an equal Right with the House of Representatives, to 
exercise their Judgments upon Money Bills, even when abstracted from all foreign matter ; and 
the Council conceive they have most cogent reasons for the exercise of that Right upon this 
Bill : For 

3 dly The Inequality of the Quota s rated by this Bill, are notoriously apparent, and the Council 
would willingly have been informed upon what grounds & Reasons, and by what measure the 
House had so apportioned them, that the Council might the better have been enabled to judge 
of the Equity & Justice of them, for as no reasons were assigned by the Bill, for their manifest 
Disproportion, till the Council were better informed, they could not but look upon them as unequal 
& partial. The Council have been at the pains to look into the Taxations of former times, so 
far back as the year 1699 ; and it appears from the printed Acts, and by an Extract from the 
Treasurers accounts (which we beg leave to lay before your Excellency herewith) that from that 
year to this time the City and County of New York was rated at sometimes about a Fifth, 
sometimes about a Fourth, but never so much as one third of the whole Tax, two Instances 
excepted, First, upon the particular occasion of raising a small sum, for soliciting the salt Act ; 
Which as the Council have been credibly informed, was looked upon by the House at that time, 
to be a more immediate advantage to the Inhabitants of that City : and Secondly When a Tax 
was imposed for levying Money in the year 1744, the House was induced, as the Council then 
understood, to raise the proportion of the said City, as great part of the money was to be 
employed in fortifying that City, and expended there For which Reasons the Council did not 
then object to that Bill ; which Rate however, even with these considerations did not appear 
altogether satisfactory : But as no such or any other Reasons appeared upon the present 
Bill, wherein the City & County of New York were rated at seven sixteenths & an half 
of the whole Tax The Council could not in Justice agree to it. The Council are fully perswaded 
that no one can be of opinion that the Real & personal Estates of the Inhabitants of the City 
& County of New York do amount to near one third of the value of the Real & personal Estates 
of the whole province, and yet even upon the supposition that New York was to be rated at 
one third, its Quota as proposed by this Bill, beyond one third would exceed the entire Quotas 
of Queens, Suffolk and Richmond Countys together, by upwards of thirty pounds, and yet 
Queens County has been rated a Fifth, never less than a Tenth, excepting in those two years of 
1729 & 1744 ; Whereas by this Bill that County is rated under one Eighteenth Suffolk County 
has been rated near a fifth, never under a fifteenth, but in those two years, and by this Bill, less 
than a nineteenth ; Richmond County has been rated at a Fifteenth, never under a Twenty fifth 
Excepting in those two years & in 1699, and is now rated under one thirty Eighth 

As to Albany the Council observe, that altho upwards of Eight of the Ten thousand pounds, 
proposed to be raised by this Bill, was to be applyed for the Defence and Security of that City 
& County, and expended there, That the County is large & extensive, containing a wealthy 
City & a large thriving Town, with the whole benefit of the Furr Trade, yet as it is a Frontier, 
has already telt & is exposed to the Insults & attacks of the Enemy, therefore the Council are 
of opinion, all due consideration ought to be had, of its advantages & disadvantages with regard 
to <i Taxation 

The Council are of opinion, that when any parts of. the province are unusually rated, the 
Reasons for enlarging or diminishing such rate, ought to be set forth in the Bill, that the Council 
may judge of the Reasonableness of them 



1746.] The Hon. George Clinton, Esq: Governor. 917 

The Council have not entered minutely into the Consideration of the respective Quotas rated 
by this Bill upon the Several other Countys; but the alotment for New York did, in their 
opinion, far exceed the bounds of Equity 

The Council cannot but be of opinion, that the House having denied a Conference upon this 
Bill, was highly unreasonable, if they thought they were capable of giving satisfaction as to 
these particulars, without which, the House might well imagine, the Fate of this Bill must 
necessarily be determined by a Rejection 

However the Council beg leave to observe to your Excellency, that could the House have 
satisfyed the Council concerning these matters, as the Bill was framed twas impossible it could 
have its intended effect, nor could the money have been issued For 

4thi y -p ne Oaths framed by the Bill to have been administred to the persons proposed to be 
entrusted with the numbering & signing the Bills for the .10.000 paper currency to be emitted, 
were penned in such manner, that no conscientious person could take them, or if taken, would 
it have been practicable to comply with the terms of them ; so the money could not have been 
issued, and consequently the main End of the Bill must have been frustrated, had it even 
proceeded so far as to have been enacted into a Law 

The Clause inflicting a penalty on persons altering or counterfeiting any of the paper money 
out of the Colony, is to the Council unintelligible, the Indictment to be by any Grand Jury in 
the Colony & yet the petty Jury to come from the Body of the City & County of New York : 
nor do the Council understand what is meant by Foreign Issues, as expressed in the Bill 

gthiy f ne Council observe to your Excellency, that by this Bill, the House took upon 
themselves, not only to nominate the persons to receive & apply the money, proposed to be 
issued, but others to appoint the places where the Blockhouses should be built, upon the 
Frontiers in Albany, and both (as the Council understand) without your Excellency s approbation, 
which the Council look upon as interfering with the Executive part of the Government, and 
were it any wise necessary, that such persons should be named in the Bill, and had the House 
your Excellency s consent to do, yet the Council apprehend, they had good reason to expect the 
House would have advised with them thereon ; but if (as the House would have it) it is to be a 
Rule, that money Bills must not be conferred upon, nor amended by the Council, then it will 
follow, that whatever Defects and Inconsistencys the Council discover in such a Bill, or whatever 
foreign matter the House thinks proper to tack to it which would be justly liable to exception 
(even if contained in a seperate Bill) because it is by them called a money Bill, all must be 
submitted to by the Council, or it must share the same Fate with the present Bill & the publick 
service be defeated. 

These, Sir, are but a small number of the many Exceptions to which the Council conceived 
this Bill was liable; to particularize them all, would be taking up too much of your Excellency s 
time, and mispending their own, However they flatter themselves that such as they have 
pointed out, will be sufficient to show that they had good reasons to reject such a Bill 

By order of the Council 

PHILIP LIVINGSTON Speaker 

Council Chamber 21 th February 1745 
Published by order of Council 

Then the Council adjourned to wait upon his Excellency with the said Representation 

The Council being returned and his Excel lencey being come to the Council Chamber His 

Excellency sent a Message to the General Assembly Requiring their attendance at the Council 

Chamber immediately 

The General Assembly attending with their Speaker His Excellency in presence of the 

Council & the General Assembly gave his Assent to the six following Bills viz 

" An Act for the Regulating the Militia of this Colony 

" An Act for raising the sum of ,3375 by a publick Lottery for this Colony, for the more 
" effectual fortifying the City of New York 

" An Act to prevent Desertion of his Majesty s Forces in this Colony 

" An Act for giving a Reward for such Scalps & prisoners of the Enemy as shall be taken by 
" the Inhabitants of (or Indians in alliance with) this Colony : and to prevent the Inhabit of 
" the City & County of Albany from selling Rum to the Indians " 

" An Act to raise levy & collect the sum of ,36 on the City & County of New York for the 
" uses therein mentioned, and 

" An Act for raising the sum of .4-5 on the Township of Schenectady, for defraying the 
" charge of keeping in Repair the Fortifications of the said Town" 

Then the said Acts were published and his Excell y prorogued the General Assembly to 
Tuesday the 4 th March next 

His Excellency being returned to his Residence 

The Speaker assumed the Chair 

The General Assembly being prorogued to Tuesday the fourth of March next 

The Council therefore adjourned to the same day 



918 Journal, of the Legislative Council of New York. 

TWENTY-FOURTH ASSEMBLY SECOND SESSION 



At a Session of the Council and General Assembly began at Greenwich, on Tuesday, 

March the 4 A , 1745. 

The Council met according to adjournment 

PRESENT The Hono: PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

His Excellency being indisposed sent a Message to the General Assembly a copy whereof was 
sent to the Council and Read and is as follows to wit 

Gentlemen, 

My present Indisposition prevents my speaking to you in publick : T most earnestly recommend 
to you to make ample Provision, and that with the utmost Dispatch for all those services which 
I recommended to you the lost Session and hitherto remain unprovided for 

G. CLINTON 
The Council adjourned till to morrow morning 10 o clock 



[!N EXECUTIVE SESSION.] 

At a Council held at his Excellency s Residence at Greenwich the -fifth dw of March 

1745. 

PRESENT His Excellency the Hono Ue GEORGE CLINTON, 

M r LIVINGSTON, M r HORSMANDEN, 

M r KENNEDY, M r MURRAY, 

M r CHIEF JUSTICE, M r MOORE. 

M r COURTLAND, 

His Excellency communicated to the Board a Message from the General Assembly of this 
Colony to his Excellency desiring leave to adjourn to the second Tuesday in April next as the 
Small pox is at Greenwich where they now sit. 

Ordered, that the consideration of the aforegoing Letters & papers be referred to the 
Gentlemen of the Council or any five of them. 

His Excellency withdrawing the Council Resolved themselves into a Committee to consider 
of the said Letters and papers. The Committee being agreed on their Report and his Excellency 
acquainted therewith. 

His Excellency returned to the Council Chamber and took his seat 

Ordered, that the said Report be made immediately 

Then the Hono ble James De Lancey Esq r Chairman of the said Committee Reported That 
it was the opinion of the Committee that in regard his Excellency has several matters of 
consequence to lay before the Assembly at this time they could not advise his Excellency to 
adjourn them for so long a time as they requested but rather to adjourn them to the Borough 
of Westchester to .meet on Wednesday the 12th Instant to proceed upon such Business as his 
Excellency may have to lay before them. 



1746.] The Hon. George Clinton, Esq : Governor. 919 

At a Council held at his Excellencys Residence at Greenwich the 17 A of March, 1745. 

PRESENT His Excellency the Hono Ue GEORGE CLINTON, 

M r KENNEDY, M r HORSMANDEN, 

M r CHIEF JUSTICE, M r MOORE. 

His Excellency laid before the Council two messages from the Assembly of the 14 lh Instant, 
the one desiring leave to adjourn from West Chester where they are now sitting, to Brookland, 
the other lo New York. 

The Council knowing that several of the members of the Assembly have not yet had the 
Small pox and being of opinion that such members would absent themselves if the Assembly 
should be adjourned to New York where the Small pox is now very rife, advised his Excellency 
to adjourn the House to Brookland. 



Thursday, April 10 A , 1746. 
The Council met according to adjournment 

PRESENT The Hono m JAMES DE LANCET Esq r , Speaker, 

PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

A Message from the Assembly by Major Van Home and Capt" Richards with the Bill Entituled, 
" An Act for a further provision for the fortifying the City of New York In amendments of two 
" Acts passed for that purpose therein mentioned " Desiring the concurrence of the Council 
theivto 

Then the said Bill was read the first time and 

Onlind to be read a second time 

A Message from the General Assembly by M r Clarkson & M r Cruger with a Bill Entituled, 
" An Act to prolong the time limitted for drawing the Lottery appointed in and by An Act 
" Entituled, An Act for raising the sum of three thousand three hundred & seventy five pounds 
" by a publick Lottery for this Colony for the more effectual fortifying the City of New York" 
Desiring the concurrence of the Council thereto 

Then the said Bill was read the first time and 

Ordered a second reading 

Then the Council adjourned 10 o clock to morr w A. M. 



Fryday April the 11 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono We ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE DANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entitled, " An Act for a further provision for the fortifying the City of 
" New York in amendment of two Acts passed for that purpose therein mentioned" and the 
Bill Entituled, " An Act to prolong the time limitted for drawing the Lottery appointed in and 
" by An Act Entituled, An Act for raising the sum of .3375 by a publick Lottery for this 
" Colony for the more effectual fortifying the City of New York" be now read the second time 

Then the said Bills were read the second time and 

Ordered to be committed 

The Council adjourned till Monday 4 o clock P. M. 



920 Journal of the Legislative Council of New York. [ ^ s". 

Monday, April the 14 ft , 1746. 
The Council met according to adjournment 

PRESENT The Hono We DANIEL HORSMANDEN, Esq r , Speaker, 

JOSEPH MURRAY, 

JOHN MOORE, 

JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt n Livingston & M r Hardenbergh with a Bill 
Entituled, " An Act for taking affidavits in the several Countys within this Colony to be made 
" use of in the Supreme Court and empowering the Attorneys of the Supreme Court to practice 
" in the Mayors Court of the City of New York" Desiring the concurrence of the Council 
thereto 

Then the said Bill was read the first time and 

Ordered a second Reading 

A Message from the General Assembly by Coll Schuyler and Captain Richard acquainting 
the Council " That their House conceiving it necessary, to address his Excellency to send sixty 
" men of the Independant Companys of his Majesty s regular Forces in this Colony to garrison 
" the Fort at Saraghtoga for the Defence of the Frontiers at this critical Juncture, Desire that 
" the Council will join with them in an Address to his Excellency for that purpose ;" 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that 
the Council have appointed a Committee of their House or any three of them to be a Commee 
to confer with a Committee of the General Assembly upon the subject matter of the afores d 
Message to morrow Evening at the House of M r De Joncourt in the City of New York 

The Council adjourned till Thursday morning 11 o clock 



Thursday, April the 17 A , 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq rs . 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for taking affid ts in the several Countys within 
" this Colony to be made use of in the Supreme Court and empowering the Att ys of the 
" Supreme Court to practice in the Mayors Court of the City of New York " be now read the 
second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned till 4 o clock P. M and then met and adjourned till Saturday the 19 th 
Inst 10 o clock 



Saturday April the 19 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee on the Bill Entituled, "An Act for a further 
" provision for the fortifying the City of New York in amendment of two Acts passed for that 
" purpose therein mentioned 



1746.] The Hon. George Clinton, Esq: Governor. 921 

The Committee being agreed on the Report by them to be made thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono 1)le Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported That the Committee had gone through the said Bill and had directed him to report 
the same without amendment 

Which Report on the Question being put was agreed to and approv d of and 

Ordered, that the said Bill be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

The Council adjourned till Tuesday morning 10 o clock 



Tuesday, April the 22*, 1746. 
The Council met according to adjournment 
PRESENT The Honu b!e Esq r , Speaker, 



The Speaker assumed the Chair 

The Council Resolved themselves into a Commee on the two following Bills viz* 

The Bill Entituled, " An Act to prolong the time limited for drawing the Lottery appointed 
" in & by An Act intituled, An Act for raising the sum of <337o by a publick Lottery for this 
" Colony for the more effectual fortifying the City of New York 1 And the Bill Entituled, "An 
"Act for taking affidavits in the several Countys within this Colony to be made use of in the 
" Supreme Court and empowering the Attorneys of the Supreme Court to practice in the 
" Mayors Court of the City of New York " 

The Committee being agreed on the Report by them to be made thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Chairman of the said Committee in his place reported that 

the Committee had gone through the said Bills and had directed him to report them without 
amendment 

Which Report on the Question being put was agreed to and approv d of And 

Ordered, that the said Bills be now read the third time 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills and the Bill Entituled, "An Act for taking Aff" in the 
" several Countys within this Colony to be made use of in the Supreme Court and empowering 
" the Attorneys of the Supreme Court to practice in the Mayors Court of the City of New 
" York " without any Amendment 

The Council adjourned till Tuesday morning 29 th Inst: 11: H: A. M. 



Tuesday, April the 29 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt: Richard and M 1 Cruger with a Bill Entituled, 

"An Act for raising a supply of the sum of =13000, by a Tax on Estates Real & personal, for 

" the more effectual fortifying this Colony; For the emitting Bills of Credit for the like sum 

" k for the immed te answering the necessary services; and for sinking and cancelling the said 

116 



922 Journal of the Legislative Council of New York. [ 2 ^ h f e ? i 

" Bills at the several short periods therein mentioned" Desiring the concurrence of the Council 
thereto 

A Message from the General Assembly by Capt n Winne & Capt Renselaer with the Bill 
Entituled, "An Act for the establishing a Military Watch for the City & County of Albany " 
Desiring the Concurrence of the Council thereto 

Then the said Bills were read the first time and 

Ordered a second Reading 

The Council adjourned till to morrow morning 11 o clock 



Wednesday, April the 30 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

DANIEL HORSMANDEN, 

JOHN MOORE, 

JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for raising a supply of the sum of 13000 by a 
" Tax on Estates Real and personal &c a be now read the second time ; and 

On the Question being put 

Whether the said Bill sho d be committed or not? 

It was carried in the affirmative and 

Ordered that the said Bill be committed 

Ordered, that the Bill " for the establishing a Military Watch for the City & County of 
"Albany " be now read the second time 

Then the said Bill was read the 2 d time and 

Ordered to be committed 

The Council adjourned till to morrow morning 9 o clock 



Thursday, May 1", 1746. 
The Council met according to adjournment 

PRESENT The Hono blt ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, " An Act for the 
establishing a Military Watch for the City & County of Albany" 

The Committee being agreed on the Report by them to be made thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Commee in his place 
Reported that the Committee had gone through the said Bill and directed him to Report the 
same with some amendments 

Then the said amendments were read & approv d of 

The Hono ble John Rutherford Esq r moved that the follow^ clause might be added to the said 
Bill: viz 

" That upon Alarms and Extraordinary occasions, when the Kings Forces may be obliged to 
" march or go to the assistance of any Town they shall then be billitted in the same manner, as 
" the Militia is ordered to be by this Act" 

Which motion on the Question being put was disagreed to and 

Ordered, that the said Bill be now read the third time as amended 

Then the said Bill as amended was read the third time and 

On the Question being put 



1746.] The Hon. George Clinton, Esq: Governor. 923 

Resolved, that the said Bill as amended do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do carry the said Bill w h the amendments 
to the General Assembly and acquaint them that the Council have passed the said Bill with 
some amendments to which they desire their concurrence. 

The Council adjourned till 5 o clock P M. 



Thursday, May 1 s , 1746. P. M. 
The Council met according to adjournment 

PRESENT The Hono bl6 ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt Richard & Coll Beekman with the Bill 
Entituled, " An Act for the establishing a Military Watch for the City & County of Albany" 
and the amendments thereto ; acquainting the Council that their House do agree to the 
amendments made by the Council to the said Bill and desire the Bill may be amended accordingly 
Then the said Bill was accordingly amended as follows 
pa Line 
1 22 Strike out [for] & instead thereof insert [in] 

23 Strike out [Billet] and insert [receive] Alter the word [Person] insert the words 

[so Billetted] Strike out the words [when he shall be so ordered] 
28 Strike out the second [of] & instead thereof insert [in] 

4 20 After the word [County] add the words [with the approbation of the GoVernour 

or Commander in Chief for the time being] 

5 9 Strike out the first [of] 

6 13 Strike out [shall] & insert [may] 

The Council Resolved themselves into a Committee on the Bill " for raising a supply of the 
sum of 13000 by a Tax on Estates Real & personal &c a " 

The Committee being agreed on the report by them to be made thereon 

The Speaker resumed the Chair 

Ordered that the said Report be made now 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Commee had gone through the said Bill and directed him to report the same 
without amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without amendment 

The Hono ble John Rutherford Esq r moved that as he dissented to the said Bill he desired his 
Reasons for so doing might be Entered in the minutes Which Reasons being read were 

Ordered, to be entered accordingly, and all the rest of the Council Resolved that their 
Reasons for assenting to the said Bill should be entered likewise & published and are as follow 

REASONS offered by the Hono ble John Rutherford Esq r against passing the Bill for 
raising ,13000 &c a 

I can see no occasion at present for this way of raising money Which tis agreed on all Hands 
should only be done in cases of necessity, but no such necessity appearing to me at present I 
think my self obliged to shew my Dissent thereto Especially as I find this is all the money proposed 
to be issued or raised at this time Which will be so far from being sufficient to put our Frontiers 
in a good state of Defence, that twill scarce be of more Real Service as now to be employed 
than if no money at all had been raised The End for which the money is to be raised & 
employed will not be answered, particularly what is to be laid out in the County of Albany, 
which is the greatest part of it, for the Frontiers there are so extensive that these trifling 
Blockhouses will be at too great distances from each other to prevent scalping partys, and no 
Force any where strong enough to give the Militia time to come together for the Defence of the 



924 Joivrnal of the Legislative Council of New York. [ ^ f^; 

Country, and his Majesty s three Independent Companys being divided into four different Forts 
or I should call them rather very inconvenient Barracks extremely ill provided either for defence 
or Accommodation and at great distances from one another can be of no great service to the 
publick and should be still more divided as seems expected by this Bill not only the Town of 
Albany but the whole Country will be in my opinion entirely exposed to any trifling Incursion 
of the Canadians & Indians in alliance with them I can t conceive upon what pretext the 
Assembly take upon themselves the Executive part of the Government by nominating persons 
in the Bill not only to receive & apply the money to be issued but also to appoint places for 
Blockhouses and by medling in the management of the Militia, which manner of proceeding 
encroaches so much upon the Royal prerogative and the power & authority of the Commander 
in Chief of this province as manifestly in my humble opinion tends to a subversion of our happy 
Constitution besides confining his Excellency to detach the men wanted to defend these 
Blockhouses out of the Albany Militia will instead of securing & defending that County lay the 
greatest hardship upon & distress the people wearyed out as they are with the watching & 
Detachments already made from them, that twill be a great means to make most of the people 
desert the County Whereas had these detachments been ordered to have been made from any 
of the Countys at a distance from the Frontiers the people detached would have left their 
Familys in safety and increased the number of Men upon the Frontiers, but those detached 
from Albany adds nothing to our Numbers on the Frontiers and must leave their Familys 
exposed to the Murders & Rapines of the most barbarous Enemys in the World I could add 
many Reasons why I think this Bill will do more hurt than service and instead of relieving the 
distressed ffrontiers will make them lose the Hopes they have hitherto had of relief which they 
have a right to expect from their fellow Subjects but those I have mentioned will be sufficient 
to vindicate me in protesting against passing this Bill 

JOHN RUTHERFORD 

REASONS of the Council for passing the Bill for raising a supply of the sum of .13000 
by a Tax on Estates Real & Personal &c 

There are many concurring Reasons which induce us to give our assent to this Bill at this 
critical conjuncture 

1 The Reasons setforth in the preambles to the several parts of this Bill are in our estimation 
of sufficient weight of themselves to engage our assent 

Necessity absolutely requires that the several services provided for by it should be performed 
by the utmost Despatch 

The State of our Treasury is such through the decline of Trade occasioned by the war that 
it does not answer even the ordinary annual Support of the Grovernm 1 so that no money is to be 
expected from thence to answer extraordinary services nor do we conceive it possible that such 
can be performed without ready money which is not to be had in any other method (that we 
have heard or can think of) than in the way proposed by this Bill. We are as much averse to 
the issuing more paper money, or the having any at all as any one can be. But as the Tax to 
be levyed cannot immediately be paid in to the Treasury and one third of the Bills are to be 
sunk at the end of each year for 3 years successively as the Tax is to come in and consequently 
the whole .13,000 to be sunk within that term we think, its put upon the best footing of any 
paper money Extant and tis highly Expedient this money should be immediately issued to 
answer the Exigencys of the province at this Juncture and when so considerable a sum as 
,13,000 is to be raised by this Bill to be laid out in the extraordinary (and as we conceive 
immediately necessary) services of this province therein particularized We are somewhat 
surprized to hear it advanced that " twill be so far from being sufficient to put our Frontiers in 
" a good state of Defence that twill scarce be of more real service as now to be employed 
" than if no money at all had been raised 

2 4 The immediate security of-our Northern Frontiers (now naked and defenceless) is of high 
concernment at this Juncture and cannot but engage the most earnest attention of all considerate 
people and could we possibly be slack in a matter of so much importance the frequent notices 
we receive of the Encursions of the Enemy and Savages under their Influence make into the 
County of Albany the mischiefs they have lately done, and the daring Insults they have offered 
near that City and the Town of Schonectady were enough to quicken our endeavours almost at 
any adventure for giving protection to our out-settlements 

The Building of Blockhouses to cover our Frontier Settlements was thought a matter of great 
consequence to have done by the Commissioners of Indian Affairs and proposed by them to his 
Excellency as such to be recommended to the Assembly to make provision for: His Excellency 
communicated this proposal to the Council and his Excellency and Council approving of it the 
making provision for putting that scheme in Execution was strongly enforced by his Excellency 
to the Assembly this Session and they have done it by this Bill 

The Neighbouring Colonies the Massachusets and Connecticut have thought this method of 
great security to them against the Incursions of the French and tneir Savages for it settles a line 
of Communication upon their Frontiers and our Blockhouses are proposed to continue that line 



1746.] The Hon. George Clinton, Esq: Governor. 925 

from the northwest corner of the Blockhouse in New England nearest this province towards the 
Fort in the Mohawks Country at such distances and places as his Excellency sluill direct or 
approve of and we conceive that these Blockhouses and Garrisons provided for by this Bill must 
necessarily interrupt & deter the Enemy from invading those Frontiers and we think this article 
has been already too long neglected Wherefore necessity requires the utmost dispatch at this 
Crisis for putting that scheme in execution which if this Bill be not passed into a Law cannot 
be done more especially considering the present Temper of our Indians their Inactivity and 
Declarations for standing neuter in the war and rather (as matters have been managed with 
them of late considering there is some reason to apprehend their Defection and Revolt to the 
French we think every one must be of opinion these Blockhouses must be a great security and 
afford some protection to our out-settlements till we can be enabled to give them better As to 
the Hardship upon the people of Albany County as has been taken notice of by the Gent" for 
the negative side of this debate that their Militia should be obliged to garrison these Blockhouses 
which will be a means of many familys being left Exposed, whilst the heads or masters of em 
are detained in Garrison 

We could have wished that the Assembly had made more ample provision touching this head, 
that his Excellency might have been effectually enabled to have made Draughts out of the 
Militia in the remote County s to have strengthened the Frontiers in Albany County and have 
maintained and paid them for that service, but because the Assembly have not done the utmost 
that could have been desired when they have provided for some services which we think of 
Importance at this Crisis We can see no reason why the Bill should be rejected for that 
defficency 

As to the Blockhouses It is to be observed that this line of Blockhouses is proposed (and we 
think must be of great use though they may happen to be at greater distances and there are 
fewer of them than we could wish) to prevent the Enemy penetrating into that County and we 
think cannot fail of Answering that end in a great measure and suppose some Hardships will 
attend the people of Albany County by Garrisoning them yet as by much the greatest part of 
the money proposed to be raised by this Bill is to be laid out in the guarding defending and 
securing that Frontier County and the Out Settlements thereof against the Enemy without 
which they must undoubedly be more exposed and be liable to many more and greater hardships 
and inconveniences and thereby more strongly induced to leave the County We conceive it 
will be much more for the ease and benefit even of the Inhabitants of that County to pass this 
Bill than to reject it; as to what is said relating to the Independant companys, if they are kept 
full, and no more or otherwise divided than as mentioned in the objection, we do not think any 
such consequences will follow therefrom as has been insinuated 

3. As to the persons being named in the Bill who are to receive and apply the money 
proposed to be issued by it and to appoint the places for Blockhouses His Excellency (as we 
have understood) approved of (and we had no objection to) those persons for the purpose and 
therefore their names were inserted and the Bill provides that the Blockhouses shall be erected 
in such places as his Excellency shall approve of and upon an attentive perusal of this Bill we 
are of opinion that no part of it does encroach upon the royal prerogative or the power and 
authority of the Commander in Chief or any wise tend to affect our happy Constitution which 
we are ever Axious to maintain and preserve 

Lastly. If the Gentleman for the negative could have offered any (as he insinuates that he 
could add many) Reasons " Why he thought this Bill would do more hurt than service, and 
"instead of relieving the distressed Frontiers would make them loose the hopes they have 
"hitherto had of Relief which they have a right to expect from their fellow Subjects;" We 
conceive that he has not done that Justice to the publick or himself in concealing them which 
(if any such he could have added) The duty of his station as one of his Majestys Council for 
this province ought to have laid him under an indispensihle obligation of Communicating, but 
as he has not, we are willing to believe that he would have had so great a Regard to his trust 
as to have mentioned any further objection, that he Judged to be of Weight, if any he had, 
rather than to suppose he had one, and did not 

The Council adjourned till to morrow morning Ho clock And then met and 
Adjourned to Brookland on Saturday the third day of May: A. M. 11 o clock 



926 Journal of the Legislative Council of New York. [ ^ 

Brookland, on Nassau Island, Saturday, May tlie 3 d , 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

His Excellency the Governour being come to the Council Chamber sent a Message to the 
General Assembly Requiring their immediate attendance with their Speaker and they attending 
accordingly 

His Excellency in presence of the Council and General Assembly gave his Assent to the 
following Bills viz 

N 1 An Act for a further provision for the fortifying the City of New York, in amendment 
of two Acts passed for that purpose therein mentioned 

N 2 An Act to prolong the time limited for drawing the Lottery appointed in and by An Act 
intituled, An Act for raising the sum of ,3375 by a publick Lottery for this Colony for the 
more effectual fortifying the City of New York 

N 3 An Act for taking affidavits in the several Countys within this Colony to be made use 
of in the Supreme Court and empowering the Attorneys of the Supreme Court to practice in 
the Mayors Court of the City of New York 

N 4 An Act for raising a supply of the sum of thirteen thousand pounds by a Tax on Estates 
Real and personal for the more effectual fortifying this Colony, for the emitting Bills of Credit 
for the like sum ; for the immediate answering the necessary services, and for sinking and 
cancelling the said Bills at the several short periods therein mentioned 

N 5 An Act for the establishing a Military Watch for the City and County of Albany 

After which his Excellency caused the said Acts to be published and directed the Speaker of 
the General Assembly to adjourn the House till the first Tuesday in June next to meet at 
Brookl d on Nassau Island 

The Council returned to the Council Chamber 

The Speaker resumed the Chair 

His Excellency having directed the Speaker of the General Assembly to adjourn that House 
till the first Tuesday in June next 

The Council therefore adjourned to the same day 



TWENTY-FOURTH ASSEMBLY THIRD SESSION. 



Council Chamber, in the City of New York, Tuesday the third day of June, 1746. 

The Council and General Assembly being adjourned to this day 
The Council met accordingly. 

PRESENT The Hono ble PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

The Council adjourned to the 5 th Instant 11 o clock A M 



1746.] The Hon. George Clinton, Esq: Governor. 927 

Thursday, June the 5" 1 , 1746. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

The Honourable Daniel Horsmanden Esq r moved that a Bill which he had prepared and had 
in his Hand Entituled, " An Act to prevent the exportation of the provisions, Gunpowder, 
" Arms, all kinds of ammunition, warlike stores and white pine Inch Boards" might be read 

Which motion having been agreed to 

The said Bill was read the first time and 

Ordered a second Reading 

The Council adjourned to Brookland on Nassau Island to meet to morrow morning 11 o clock 



Brookland, on Nassau Island, Friday, June, tlie 6 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

His Excellency the Honourable George Clinton Captain General and Governour in Chief of 
this province being come to the Council Chamber sent a Message to the General Assembly 
requiring their immediate attendance Who attending with their Speaker 

His Excellency then made a Speech to the Council and General Assembly and delivered one 
copy thereof to the Speaker of the Council and another to the Speaker of the General Assembly 
and afterwards left the Council Chamber 

The Speaker resumed the Chair 

Ordered, that his Excellency s Speech be read, which being read accordingly it is 

Ordered, that the same be entered in the minutes which is as follows : 

Gentlemen of the Council, and General Assembly, 

It has been signified to me, by Letter from his Grace the Duke of Newcastle, of the 9 th of 
April last (which I have received by Express from Governor Shirley, an Extract whereof I shall 
order to be laid before you) that his Majesty has been pleased to order an Expedition, against 
the French Settlements in Canada, and I am commanded (as the other Governors of his Majesty s 
Colonies are) forthwith to make the necessary Dispositions, for raising as many Men, within my 
Government, as the Shortness of Time will permit, to be employed in Concert with his Majesty s 
regular Forces, on this important Service. 

It is his Majesty s Intention, that the Troops to be raised in North- America, should consist of 
Companies of 100 Men each ; and that those that should be raised in the several Provinces of 
New- York, New Jersey, Pennsylvania, Maryland and Virginia, be formed into one Corps, to 
be commanded by Mr. Gooch, Lieut. Governor of Virginia, whom the King has been pleased 
on this Occasion, to promote to the Rank of a Brigadier General. 

The happy Consequences which will redound to his Majesty s Colonies on this Continent, the 
Advantage of the common Cause, and the British Interest in general, from the Success of such 
an Enterprize, must be thought of Weight sufficient to inspire every loyal Breast, and true 
Lover of his Country, with a suitable Zeal and Resolution, for contributing the utmost in their 
Power, towards the Accomplishment of the present Undertaking. 

Gentlemen of the General Assembly, 

In Consequence of what I have now mentioned, I must recommend it to you in the most 
earnest Manner, to make ample Provision, and that with the greatest Dispatch you possibly 
can, to enable me effectually to answer his Majesty s Expectations from his loyal Subjects of 
this Province, That we may signalize ourselves in the Part his Majesty expects we should bear 



928 Journal of the Legislative Council of New York. [ 



2 ^ d h 



in this intended Service : It is with the greatest pleasure, I have now received your Resolve, of 
the 25 th of February last, in answer to M r Shirley s Letter, of the 13 lb of January proceeding; 
wherein you have expressed yourselves with a becoming Warmth and Heartiness, that if his 
most gracious Majesty should think fit to undertake the Expedition therein mentioned ; this 
Colony would chearfully contribute any Thing in its Power, for the vigorous Prosecution of 
such an Enterprize, which leaves no Room for doubt, as you have now the Opportunity offered, 
that you will act with a Spirit and Resolution, becoming the Importance of the present 
Occasion. 

Gentlemen of the Council, 

I am perfectly assured also, that you will co-operate with the General Assembly, with your 
usual Ardour for his Majesty s Honour and Service, and that nothing will be wanting on your 
Parts, for the Advancement of this commom Cause. 

Gentlemen of the Council and General- Assembly, 

I am perfectly satisfied, that it is needless for me to recommend the cultivating an Union and 
Harmony amongst you, upon a Subject so agreeable to all your Inclinations; his Majesty s 
paternal Care of his remotest Subjects has been always remarkable, during the whole Series of 
his auspicious Reign, but more eminently conspicuous upon this important Occasion ; and his 
Majesty having been pleased to take into his royal Consideration, the Dangers these Colonies 
have constantly been exposed to, from the Incroachments and Insults of the Subjects of the 
French fcng, has been graciously disposed to set on Foot an Expedition, the Success whereof 
will free you and your Posterity from that Danger and the heavy Expence attending it ; this 
Instance of his royal Goodness and Tenderness towards you, cannot, and I am persuaded, will 
not, fail of meeting with all due Returns of Duty, Loyalty and Gratitude. 

G. CLINTON. 

The Hono ble Daniel Horsmanden Esq r moved that an Address be presented to his Excellency 
"To thank his Excellency for his Speech on this important occasion ; To express the Gratitude 
of the Council to his Majesty, for this Instance of his tender Regard for the Interest and 
prosperity of his Colony And to assure his Excellency that it is the unalterable purpose of the 
Council to evince by their actions, the sincerity of their Intentions in promoting this service" 

Which Motion being unanimously agreed to 

Ordered, that the Hono ble James De Lancey, Daniel Horsmanden and Joseph Murray Esq be 
a Committee to prepare the Draft of an Address accordingly 

The Speaker left the Chair, and the Committee withdrew 

The Committee appointed to draw the Draft of an Address to his Excellency, being returned 
to the Council Chamber 

The Speaker resumed the Chair 

Then the Hono ble Daniel Horsmanden Esq r from the said Committee presented to the Council 
the Draft of the said Address 

Ordered, that the same be read immediately 

Then the same was read and approved of and 

Ordered, to be engrossed and being engrossed was 

Ordered to be signed the Speaker 

Ordered, that the Hono ble Joseph Murray and John Moore Esq do wait on his Excellency and 
desire to know when his Excellency will please to be attended with the said Address 

Then the said Gentlemen withdrew and being returned reported " That they had attended 
his Excellency with the said message and that he was pleased to appoint immediately 

The Council adjourned to wait on his Excellency with their Address 

The Council being returned to the Council Chamber 

The Speaker assumed the Chair and Reported to the Council That having attended his 
Excellency with their Address, His Excellency was pleased to Return a favourable Answer 
thereto 

Ordered, that the said Address and Answer be Entered in the Minutes, which are as follow : 

To His Excellency the Honourable GEORGE CLINTON Captain General and Governour in Chief 
of the province of New York, and the Territorys thereon depending in America, Vice 
Admiral of the same, and Vice Admiral of the Red Squadron of his Majesty s Fleet 

The Humble ADDRESS of the Members of his Majesty s Council for the province 
of New York 

May it please your Excellency 

We the members of his Majesty s Council most chearfully embrace the opportunity of 
Returning your Excellency our hearty Thanks for your speech on this important occasion, and 
are perfectly sensible We should be unworthy of his Majesty s paternal Care of the remotest of 



1746.] The Hon. George Clinton, Esq: Governor. 929 

his Subjects, did we not zealously exert our utmost Vigour in the prosecution of this important 
enterprize 

As we want words to express our Gratitude to his Most sacred Majesty for this Instance of his 
tender Regard, for the Interest und prosperity of his Colonys ; It is our unalterable purpose to 
evince by our Actions, the sincerity and Heartiness of our Intentions in promoting a service 
which his Majesty, and every loyal subject must have warmly at Heart 

By order of the Council 

PH: LIVINGSTON Speaker 

His Excellency s ANSWER to the said Address 

Gentlemen of the Council 

I return you my hearty thanks for your Address: Your grateful sense of his Majesty s 
paternal care and Tenderness for his Colonys, and the Warmth you express for the Execution of 
this important enterprize renders you worthy of the Trust, the King is pleased to repose in you, 
and must highly recommend you to his Majesty 

Gr CLINTON 

Ordered, that the Bill Entituled, "An Act to prevent the Exportation of provisions, 
" Gunpowder, Arms, all kinds of Amunition, Warlike Stores, and White pine inch Boards" be 
now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned to the Council Chamber in the City of New York to meet on Monday 
next at 10 o clock in the forenoon 



Council Chamber in the City of New York, Monday, June the 9 A , 1746. 
The Council met according to adjournment 

PRESENT The Hono 1 6 PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCET, 
PlIILIP COUKTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, " An 
" Act to prevent the Importations of provisions, Gunpowder, Arms, all kinds of Ammunition, 
" Warlike Stores and White pine Inch Boards" 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their Report thereon, when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

The Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place reported 
that the Committee had gone through the said Bill and directed him to report it without 
amendment 

Which Report on the Question being put was agreed to & approved of 

Ordered, that the said Bill be engrossed Which being engrossed 

Ordered that the same be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do carry the said Bill to the General 
Assembly and desire their concurrence thereto 

Then the Council adjourned till Thursday the 12 th Instant at 11 o clock in the Forenoon 



117 



930 Journal of the Legislative Council of Neio York.. [ 2 *u h " 

Thursday, June the 12" , 174G. 
The Council met according to adjournment 

PRESENT The Hono : PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE Esq". 

The Speaker assumed the Chair 

A Mes-age from the General Assembly by M r Clnrkson & Captain Livingston with the Bill 
Entituled, An Act to prevent the Exportation of provisions, Gunpowder, Arms, all kinds of 
" Ammunition, Warlike, stores & White pine Inch Boards" acquainting the Council that they 
have passed the said Bill with several amendments To which they desire their concurrence 

Then the said amendments were read and 

On the Question being put 

R sniff d, that the C >uncil do agree to the said amendments 

Ordc cd, that the Bill be amended accordingly 

Then the said Bill was accordingly amended 

Ordered, that the Hono Pnilip Courtlandt Esq r do acquaint the General Assembly that the 
Council do agree to the amendments made by them to the aforesaid Bill and have ordered the 
Bill to be amended 

Then the Council adjourned till Tuesday morning next at 11 o clock to meet at Brookland on 
Nassau Island 



Bronikland, on Nassau Idand, June 17" , 174(>. 
The Council met according to adjournment 

PRESENT The H>iw Ut PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMFS DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair. 

His Excellency the Governnur being come to the Council Chamber sent a Message to the 
General Assembly requiring their immediate attendance And they attending accordingly wi;h 
their Speaker 

His Excellency gave his Assent to the following Bi l 

" An Act to pievent the Exportation of provisions, Gunpowder, Arms, all kinds of ammunition, 
" warlike Stoivs and White pine Inch Boards 

Then the said Act was published at Brookland in the usual manner 

The Council being retunml to the Council Chamber 

The Speaker resumed the Chair 

A Message from the General Assembly by M r Verplank and M r Hardenburg with the Bill 
Entituled, " An Act to revive and continue the several actions, pleadings, processes & proceedings 
" which were commenced & depending in the late Inferior Court of Common Pleas lor 
Westches er County Desiring the concurrence of the Council thereto 

Ordered that the said Bill be read 

Then the said Bill was read the first time & 

Ordered a second reading 

A Message from the Assembly by M r Clarksnn and M r Crnger Desiring the Council will be 
pleased to appoint a Committee to jnin a Committee of their House, lo consider of the most 
speedy and effectual means for the execution of that part that this Colony is to take in ihe 
intended expedition against Canada 

Ordered, that the Hono ble James De Lnnc^y, Philip Courtlandt, Daniel Horsmanden, Joseph 
Murray & John Moore Esq 15 be a. Committee (with Liberty to such other of the Gentlemen of 
the Couucil aa will attend) to Join a Committee to be appointed by the General Assembly for 



17-16] The Hon. George Clinton, Esq: Governor. 931 

the purposes mentioned in tho above Message by M r Clarkson and M r Cruger; Th;it (ho said 
Committee do inert nt tlie House of the Widow W.ighom in the City of New York on 
Wediius:lay tlie IS" 1 Instant at o clock in the evening and have Liberty to adjourn from time 
time 

Oi tlcrd, that the Hono ble Daniel Horsmandcn E-<q r do acquaint tlie General Assembly that 
the Council have appointed a Committee as aforesaid 

Then tlie Council adjourned to the Council Chamber In the City of New York till to morrow 
morning Ho clock 



Council Chamber In the City of New York, Wednesday, June the IS" , 1746. 
The Council met according to adjournment 

PRESENT T/te Honu 11 * CADWALLADER GOLDEN, Esq r , Speaker, 

PIIILUP LIVINGSTON*, 
AKCHIHALD KKXXEUY, 
JAMES DE LANCY, 
PHILIP COUTLANDT, 
DANIKL HOUSIIANDEN, 
JOHN MOOUE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt Livingston and Captain Richard acquainting 
the Council that the General Assembly have appointed a Committee to meet the Committee of 
the Council at the time & place mentioned in the Council s Message of yesterday 

Ordered, that the Bill Entituled, "An Act to revive and continue the several actions, 
" pleadings, processes, and proceedings which were commenced and depending in the late 
" Inferior Court of Common pleas for Westchester County " be now read the second time 

Then the said Bill was read the second time and 

OiJercd to be committed 

The Council adjourned till to morrow morning 11 o clock 



Thursday, June the 19 *, 1746. 
The Council met and adjourned till Saturday morning 10 o clock 

Saturday, June the 21 s , 1746. 
The Council met and adjourned till Monday next 4 o clock P l Merid 

Monday, June 23 d , 1746. P Merid. 
The Council met and adjourned till to morrow morning 10 o clock 



932 Journal of the Legislative Council of New York. [^BcST* 

Tuesday, June the 21 th , 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the Assembly by Coll Haring and M r Hardenburg with the Bill Entituled, 
"An Act for the more effectual preventing the Exportation of provisions and warlike stores" 
Desireing the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a 2 d Read 

The Council adjourned till 10 clock to morrow morning 



Wednesday, June the 25 A , 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTO> T , 
ARCHIBALD KENNEDY, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for the more effectual preventing the Exportation 
" of provisions and Warlike Stores" be now read the second time 

Then the said Bill was read the second time & 

Ordered to be Comitted 

The Council Resolved themselves into a Committee on the said Bill 

The Committee having duely weighed & considered of the same and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bill and directed him to report the 
same with several Amendments Which he delivered in at the Table and the Same were read ; 
and the Report 

On the Question being put was agreed to and approved of 

Ordered, that the said Bill be now read the third time as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill with the Amendments do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do carry the said Bill with the amendments 
made thereto by the Council, to the General Assembly & acquaint them that the Council have 
passed the said Bill with those Amendments to which they desire their Concurrence 

Then the Council Resolved themselves into a Commee on the Bill Entituled, "An Act to 
" Revive and continue the several actions pleadings, processes & proceedings which were 
" commenced and depending in the late Inferior Court of Common pleas for Westchester 
" County " 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 



1746.] The Hon. George Clinton, Esq: Governor, 933 

The Speaker resumed the Chair 

Ordered, that the said Report be now made 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Commee had gone through the said Bill and directed him to report it without 
amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be now read the third time 

Then the same was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Stephen Bayard Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Thursday, June the 26 A , 1746. 
The Council met and adjourned till Saturday morning 11 o clock 

Saturday, June the 28 *, 1746. 
The Council met & adjourned till Tuesday morning 11 clock 

Tuesday, July the 1", 1746. 
The Council met & adjourned till to morrow morning 10 o clock 

Wednesday, July the 2 d , 1746. 
The Council met according to adjournment 

PRESENT The Hono Nt PHILIP LIVINGSTON, Esq r , Speaker, 

DANIEL HORSMANDEN, 

JOHN MOORE, 

STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Hardenbergh and Colonel Haring with the 
Bill Entituled, " An Act for the more effectual preventing the Exportation of provisions & 
" Warlike stores ; acquainting the Council that the General Assembly do agree to the 
amendments made by them to the said Bill and desire the Bill may be amended accordingly 

Then the said Bill was amended as follows. 
Page 1 Line 13 After the wjrd [Act] the words [and subject to the penaltys and Forfeitures 

therein] were inserted 

19 After the word [Fleets] the words [or Forces] were inserted 
2(5 After the word [pounds] the clause [And be it Enacted That the oath required 
by the said Act to be taken before his Excellency the Governour may be 
taken before any of the officers of his Majesty s Customs beforementioned 
who are are hereby fully authorized & empowered to administer the same] 
was inserted 

29 After the word (authority) the word [aforesaid] was inserted 
The Speaker left the Chair and withdrew 



934 Journal of the Legislative Council of Ncio York. [ ^d ^wT" 

The ITono 1 1 Philip Conrtlandi Esq r came to the Counril Chan bcrand assumed Ihe Cliair 

Tlui Hono Ul Stephen Havard EM| F one oi the members of ibis Board appointed by his 
Excellency (together with M r Edward Hol nnd) to take upon him ihe care of building Battocs 
for the use of the Expedition Declaring that lie had this morning spoke with all or most of the 
head Ship-Carpenteis. and many Master Carpenters in this City to engage them in build 111; Bat Iocs 
mid that he had several times before spoke to se*cral of them to the same purpose and offered 
to be their paymaster Who did reiuse to enter upon that service unless one & all were obliged 
by a Law, upon the pretence tl at they weie engaged in particular Jobbs 

The Hono blc Dui.ii-l Horsmanden Esq r thereupon moved thai a Bill which he had prepared 
and had in his Hand Entituled, " An Act for impressing Ship Carpenteis, House Carpenters, 
Joiners, Sawyers and their Servants and all other Artificers & Labourers lor the building of 
" Battoes and also lor impressing Horses, Waggons ami all other Things necessary for ibe 
" cm-iyiiig on the Expedlt on ag Canada with the utmost Dispatch" might be read 

Which motion being agreed to The said Bill was read the first lime and 

Ord rcd a second Reading 

A Message from the Gmeral Assembly by Cap Richard & M r Cruger with the Bill Entituled, 
" An Act for the fixing & determing the Drawing of the publick Lottery for this Colony on or 
" before the first of September nexi" Desiiing the concurrecce of the Council thereto 

Ordered that ihe said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second reading 

The Council adjourned till 6 o clock P. M. and then met and adjourned till to morrow 
morning 9 o cl. 



Thursday, July the 3 d , 174(3. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCET, 
PlIILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq rs . 

The Speaker assumed the Chair 

Ordi -id, that ihe Bill Entituled, " An Act for the fixing and determining the drawing of the 
" publick Lottery for this Colony on or before the first of September next" be now read the 
second time 

Then the said Bill was read the second time and 

Ordered to be committed 

Then the Council resolved themselves into a Committee on the said Bill 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon when the Council would be pleased to receive the same 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chauman of the said Committee in his place 
reported that the Commee bad gone through the said Bill and directed him to report the same 
without Amendment 

Which Report on the Question being put was agreed to and approved of and the Bill was 

Ordeicd a third reading 

Ordered, that the Bill Entituled, "An Act for impressing Ship Carpenters, House Carpenters, 
Joiners, Sawyers & their Servants and all oilier Artificers & Labourers for the Building of 
" Battoes, and also for impressing Horses, Waggons & all other Things necess iry for the 
" carrying on the Expedition agaiut Canada with the utmost Dispatch" be now read the second 
time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned till to morrow morning 9 o clock 



1746.] The Hon. George Clinton, Esq: Governor. 935 

Fnjday, July the 4" , 174G. 
The Council met according to adjournment 

PRESENT The H-mo 1 1 CADWALLADER GOLDEN, Esq 1 ", Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MUORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Beekman & Coll Faring with the Bill 
Eniitnled, "An Act for the Encouraging of Volun tiers to inlist into his [Majesty s service upon 
" the Expedition again-t Canariu " Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second Reading 

Ordered that the Bill Entitiiled, "An Act for the fixing & determining the drawing of the 
" publk-k Lottery for this Colony on or before ihe first of September next" be now read the 
third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

The Council Resolved themselves into a, Committee on the Bill Entitnled, "An Act for 
"impressing Ship Carpenters, House Carpenters, Joiners Sawyers, and their Servants and all 
"other Artificers & Labourers for the building of Battoes and also for impressing Horses, 
Waggons, and all other things necessary for the carrying on tha Expedition against Canada 
" with the utmost Dispatch " 

The Committee being agreed on the Report by them to be made thereon 

The Speaker resumed the Chair 

Ordered, th.it the said Report be made immediately 

Then the Hono ble Daniel Hor.-manden Esq r Chairman of the said Committee in his place 
Reported that ihe Committee had gone through the said Bill and had diiccted him to report the 
same without amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the Bill he engrossed 

Council adjourned till 5 o clock P. M. 



Fnjday, July the 4 *, 174G. P. M. 
The Council met according to adjournment 

PRESENT The Hono * CADWALLADER GOLDEN, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Engrossed Bill Entitiiled, "An Act for impressing Ship Carpenters, House 
" Carpenters, Joiners, Sawyers & their Servants and all other Artificers & Labourers for the 
" building of Battoes and also for impressing Horses, Waggons, & all other things necessary 
"Cor the carrying on the Expedition against Canada with the utmost Dispatch" be now read 
the third time 

Then the same was read the third time and 

On the Question being put 

Kcsolrcd, that the said Bill do pass 

Ordered,, that the Hono 1 * Daniel Horsmanden Esq r do carry the said Bill to the General 
Assembly & desire their concurrence thereto 



936 Journal of the Legislative Council of New York. [ ^? S? 

Ordered, that the Hono ble Joseph Murray Esq r do acquaint the General Assembly that the 
Council have passed the Bill Entituled, "An Act for the fixing & determining the drawing of 
"the publick Lottery for this Colony on or before the first of September next" without 
amendment 

Then the Council adjourned till to morrow morning 10 o clock 



Saturday, July 5 th , 1746. 
The Council met according to adjournment 

PRESENT The Hono ble CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

The Hono ble James De Lancey made a motion in the words following to wit 

As undoubted Intelligence has been received of the Defeat of the Rebells I move that a 
Committee be appointed to prepare the Draft of an Address to congratulate his Majesty upon the 
success of his arms in the total Defeat of the Rebells by the Forces under the Command of his 
Royal Highness the Duke and to return his Majesty Thanks for his paternal care of his Subjects 
of his American Colonys in having given orders for the equipping & setting forth an Expedition 
against the French Settlements in Canada, The success whereof will be attended with the 
happiest consequences to his Majesty s British Dominions in general and his American Colonys 
in particular And further that the General Assembly be desired to appoint a Committee of 
their House to join the said Committee to prepare the Draft of the said Address 

Which motion being seconded by the Hono ble Daniel Horsmanden Esq r was unanimously 
agreed to and 

Ordered, that the Hono ble Philip Livingston, James De Lancey & Daniel Horsmanden Esq rf 
be a Committee to prepare the Draft of the said Address and that they meet on Monday next 
at 6 o clock in the afternoon at the House of the Widow Waghorne. 

A Message from the General Assembly by Col Haring and M r Hardenbergh with the Bill 
Entituled, "An Act to repeal An Act therein mentioned so far as it relates to the Freeholders & 
" Inhabitants of the Township of Brucklyn in Kings County within this Colony " Desiring 
the concurrence of the Council thereto 

Ordered, that the said Bill be read 

Then the said Bill was read the first time and 

Ordered, a second reading 

Ordered, that the Bill Entituled, " An Act for encouraging of Voluntiers to inlist into his 
"Majesty service upon the Expedition against Canada " be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned till Monday morning 11 o clock 



Monday, July the T\ 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DE LANCEY, 
ARCHIBALD KENNEDY, 
DAN HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act for the 
" encouraging of Voluntiers to inlist into his Majesty s service upon the Expedition against 
"Canada" 

The Committee having duely weighed & considered of the same and being ready to make 
their Report thereon 

The Speaker resumed the Chair 



174G.] The Hon. George Clinton, Esq : Governor. 937 

Ordered, that the said report be made immediately 

Then the Honor Daniel Horsmaiulen Esq r Chairman of the said Committee in his place 
Reported that the Comee had gone through the said Bill and had directed him to report it 
without amendment 

Which Report on the Question being put was agreed to and approved of 

Ordered, that the said Bill be read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Archibald Kennedy Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without amendment 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acquaint the General Assembly that the 
Council have appointed the Hono. Philip Livingston, James I)e Lancey and Daniel Horsmanden 
Esq rs to be a Committee to prepare the Draft; of An Address to Congratulate his Majesty upon 
the Success of his Arms in the total Defeat of the Rebel Is by the Forces under the Command 
of his Royal Highness prince William, Duke of Cumberland, and to return his Majesty Thanks 
for his paternal care of his Subjects of his American Colonys in having given orders for the 
equipping & setting forth an Expedition against the French Settlements in Canada; The 
success whereof will be attended with the happiest Consequences to his Majesty s British 
Dominions in general and his American Colonys in particular; That the said Committee are 
to meet at the House of the Widow Waghorne in the City of New York at G o clock this 
Evening And that the Council do desire the General Assembly would appoint a Committee of 
their House to join the said Committee at the Time and place abovementioned for the purpose 
aforesaid 

The Council adjourned till to morrow morning 10 o clock 



Tuesday, July the 8 A , 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

As the severity of the Weather yesterday prevented the meeting of the Committee of the 
Council appointed to prepare the Draft of an Address to his Majesty. It is 

Ordcreil, that the Hono : Daniel Horsmanden Esq r do acquaint the General Assembly that the 
Council have altered the time of meeting of the said Committee to this Evening at 6 clock 

The Council adjourned till 3 clock P. M 



Tuesday, July 8 : 1 746. P. M. 
The Council met according to adjournment 

PRESENT as in the Forenoon 

The Speaker assumed the Chair 

A Message from the General Assembly acquainting the Council that they have appointed a 
Committee of their House to join ttie Committee of the Council to prepare the Draft of an 
Address to his Majesty pursuant to the Council s Message of the 7 th Instant, to meet at the 
time & place appointed 

Then the Council adjourned till to morrow morning 10 o clock 



118 



938 Journal of the Legislative Council of New York. [ ^^S 

Wednesday, July the 9 A , 1740. 
The Council met according to adjournment 

PRESENT The Hono. CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

The Hono Daniel Horsmanden Esq r Reported that the Committees of the Council & General 
Assembly appointed to prepare the Draft of an Address to his Majesty had met and Jointly 
agreed upon the Draft of the said Address which was Head & approved of 

The Council adjourned till 10 o clock to morrow morning 



Thursday, July the 10 A , 1746. 
The Council met according to adjournment 

PRESENT T/ic Hono: CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Philipse and Coll Chambers acquainting the 
Council that they have approved of the Draft of the Address to his Majesty prepared by the 
joint Committees 

Ordered, that the Hono ble Stephen Bayard Esq r do acquaint the General Assembly that the 
Council have approved the Draft of the Address to his Majesty and have appointed the Hono : 
Daniel Horsmanden Esq r to wait on his Excellency the Governour to morrow morning at 9 
o clock to desire his Excellency will be pleased to join therein and further that the Council 
desire the General Assembly will appoint some of their members to wait on his Excellency at 
the same time for the like purpose 

A Message from the General Assembly by M r Cruger and Captain Richard with the Bill 
Entituled, An Act for raising a supply of forty thousand pounds by a Tax on Estates Real and 
" personal for carrying on an Expedition against the French in Cmada; for emitting Bills of 
" Credit for the like sum and (or sinking & cancelling the said Bills in short periods and for 
" other purposes therein mentioned" Desiiing the concurrence of the Council thereto 

Ordered, that the said Bill be read 

Then the said Bill was read the first time and 

Ordered a second reading 

The Council adjourned till 3 o clock P. M. 



Thursday, July the W", 1 74fi. P. M. 
The Council met according to adjournment 

PRESENT The Hono: PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DELANCEY, 
DANIEL HORSMANDEN, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for raising a supply of .40 000 by a Tax on 
" Estates Real & personal for carrying on an Expedition against the French in Canada, for 
" emitting Bills of Credit for the like sum and for sinking & cancelling the said Bills in short 
" periods and for other purposes therein mentioned" be now read tho second time 



1746.] The Hon. George Clinton, Esq: Governor. 939 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono : Daniel Horsmanden Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said Bill and had directed him to report it without 
amendment 

Which Report on the Question being put was agreed to and approved and the Bill 

Ordered f. third Reads 

Then the Council adjourned till to morrow morning 10 o clock 



Fry day, July the 11 *, 174G. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADEE GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col" Philipse and Capt" Richard with the Bill 
Entituled, An Act for impressing Ship Carpenters, House Carpenters, Joiners, Sawyers & their 
Servants and all other Artificers and Labourers for the building Battoes, and also for impressing 
" Horses, Waggons, and all other Things necessary for the carrying on ihe Expedition again.-t 
" Canada with the utmost Dispatch" acquainting the Council thai they have agreed to the said 
Bill with an amendment, to which they desire their concurr" 

Then the said amendment was read and 

On the Question being put 

Resolved, that the Counril do not agree to the said amendment 

Ordered, that the Hono ble John Moore Ksq r do carry back the Bill with the amendment to the 
General Assembly and acquaint them that the Council do not agree to the said amendment 

A Me-sagefrom the General Assembly by Coll" Chambers & Coll" Muring with a Bill Entituled, 
" An Act to detach three hundred men from the. Ciry & County of Albany to serve on the 
" intended Expedition against Canada" Desiring the concurrence of the Council thereto 

Ordered, th;.t the said Bill be read 

Then tlie said Bill was read the first time and 

Ordered a second reading And then read the second time and 

Ordcnd to be committed 

Ordered, that the Bill Entituled, " An Act for raising the. sum of ,40.000 by a Tax on 
" Estates Real & personal for carrying on an Expeu" ag st the French in Canada for emitting 
" Bills of Credit for the like sum and for sinking & cancelling the said Bills in short periods & 
" for other purposes therein mentioned" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Rfis lceil, that the said Bill do pass 

O Jercd, that the Hono : John Moore Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without amendment 

The Council adjourned til to morrow morning 9 o clock 



940 Journal of the Legislative Council of New York. [ 2 ^ - . 

Saturday, July the 12" , 1746. 
The Council met according to adjournment 

PRESENT The Hono PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the chair 

The Hono : Daniel Horsrnanden Esq r Reported that he had according to order with Coll 
Morris & Coll Beekman two members of the General Assembly waited on his Excellency 
and desired he would be pleased to join in an Address to his Majesty prepared by the joint 
Committees of the Council and the General Assembly The Draft whereof he presented to his 
Excellency That his Excellency directing himself to the members of the Assembly was plensed 
to say that he had sent a Message to their House on the S lh Instant and that he had not received 
any answer thereto He could not till then determine whether he would join in the said Address 
or not and further that his Excellency desired he would return the like answer to the Council 

A Message from the General Assembly by Coll Phillipse & Captain Richard with the Bill 
Entituled, "An Act for impressing Ship Carpenters, House Carpenters, Joiners, Sawyers & 
" their Servants and all other Artificers and Labourers for the building of Battoes, and also for 
" impressing Horses, Waggons & all other Things necessary for the carrying on the Expedition 
" against Canada with the utmost Dispatch," and the amendment made thereto by the General 
Assembly acquainting the Council that they do adhere to the said amendment 

Then the amendment was again read and 

On the question being put 

Resolved that the Council do agree to the said amendment 

Ordered, that the Bill be amended accordingly, and that the Hono Dnniel Horsmanden Esq r 
do acquaint the General Assembly that the Council have agreed to the said amendment & 

Ordered the Bill to be amended accordingly 

Then the said Bill was amended by adding the following clause at the end thereof to wit 

Provided always and be it enacted by the authority aforesaid That no Ship Carpenter, House 
Carpenter, Joiner Sawyer or their servants or any other Artificer or Labourer whatsoever living 
in the City & County of New York, County of Richmond, County of Westchester or in any of 
the Countys on Nassau Island shall be liable to be impressed for any of the aforesaid services 
other than such as are to be done & performed in the City and County of New York or in any 
of the aforesaid Countys to which the several Artificers may btlong; anything in this Act 
contained to the contrary notwithstanding 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act to 
" detach three hundred men from the City & County of Albany to serve on the intended 
" Expedition to Canada " 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono: Daniel Horsmanden Esq Chairman of ihe said Committee in his place 
Reported that the Committee had gone through the said Bill and had directed him to report 
the same with several amendments 

Which having been Read the Report was agreed to and approved of and the Bill 

Ordered, a third Reading 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the Bill as amended do pnss 

Ord/red, that the Hono: Stephen Bayard Esq r do carry the said Bill with the amendments 
thereto to the General Assembly and acquaint them that the Council have passed the same with 
those amendments to which they desire their concurrence 

The Council adjourned till 9 o clock on Monday Morning 



1746.] The Hon. George Clinton, Esq: Governor. 941 

Monday, July the 14 *, 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DELANCEY, 
DANIEL HORSIIANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

M r Speaker Reported that his Excellency had desired him to acquaint the Council that he 
would join in the Address to his Majesty prepared by the Joint Committees of the Council & 
General Assembly 

Ordered, that the Draft of the Address be altered accordingly and that two copys thereof be 
ingrossed 

Ordered, that the Hono : Daniel Horsmanden Esq r do acq the General Assembly that his 
Excellency hath signifyed to the Council that he will join in the Address and that the Council 
have ordered two copies thereof to be engrossed which when signed by the Governour & 
Council will be sent to them in order to be signed by that House 

The Council adjourned till 4 o clock P. M. 



Monday, July the 14 *, 1746. P. M. 
The Council met according to adjournment 

PRESENT The Hono* 16 JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Two engrossed Copys of the Address to his Majesty were read and approved of 
Ordered- that the Hono ble Daniel Horsmanden Esq r do carry the said Engrossed Copys of the 
Address to his Excellency and desire he will be pleased to sign the same 

Ordered, that the said Address be entered in the minutes which is as follows. 

To the KING S most Excellent Majesty. 

The humble ADDRESS of the Governor, Council and General- Assembly, of the 
Colony of New- York. 



Most gracious Sovereign, 

We your Majesty s most dutiful and loyal Subjects, the Governor, Council and General- 
Assembly, of your Majesty s Colony of New York, beg Leave to present our most sincere and 
hearty Congratulations, upon the glorious Success of your Majesty s Arms, under the Command 
and Conduct of his Royal Highness the Duke; whereby the rebellious daring Attempts of your 
Majesty s deluded Subjects, excited and assisted by the most inveterate and implacable Enemies 
to our happy Constitution, have (to the great Disappointment and Confusion of both) by the 
Blessing of God been rendered vain and abortive. 

May this ever be the Fate of your Majesty s foreign and domestick Enemies ; may the British 
Throne be established in your Majesty s august House, reigning in perpetual Peace in the 
He irts and Affections of a grateful dutiful and loyal People, till time shall be no more. 

Permit us, Dread Sovereign, upon this happy Occasion, to return our most unfeigned grateful 
Thanks, for your Majesty s paternal Care of your remotest Subjects, the Colonies of North- 
America, in setting on Foot at this critical Conjuncture, an Expedition against our natural 
Enemies the French, in Canada; who from their Situation upon the Back of all the Frontiers 
of these your Majesty s Dominions, and their exorbitant Incroachments, and wicked Intrigues 
with the native Savages, are become the Pest of these Countries from which, by the Opportunity 
your Majesty has now been favourably pleased to put into our Hands, through your beneficient 
Tenderness of these Colonies; the Assistance of the royal Armament, and our own united 



942 Journal of the Legislative Council of New York. [^d 1 ^."" 

Endeavours, we hope by the same Blessing of Providence, we shall be effectually relieved, and 
such a Branch of Trade enlarged and established, as will be attended with the most extensive 
and lasting Advantages to your Majesty s Dominion in general, and the Northern Colonies in 
particular. 

That your Majesty s Arms may be blessed with a constant Series of Success, and be the 
happy Means of restoring the general Repose and Tranquility, and your Majesty s faithful 
Subjects thereby confirmed in the free and uninterrupted Possession of their just Rights of 
Trade and Navigation, are the most sincere and hearty Wishes of, 

May it please your Majesty, Your Majesty s, 

Most dutiful and Loyal Subjects. 

The Council adjourned till 9 o clock to morrow morning 



Tuesday, July the 15 *, 174G. 
The Council met according to adjournment 

PRESENT The Hono l!e PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Thomas and M r Abraham Lott with the Bill 
Entituled, "An Act to detach three hundred men from the City & County of Albany to Serve 
"in the intended expedition to Canada" with the arnendm" made thereto by the Council 
acquainting the Council that the General Assembly agree to the said Amendments and desire 
the Bill may be amended accordingly 

Then the said Bill was amended as follows 
pa 1 Line 19 Strike out the word [their] and insert the word [the] 

20 Leave out the Words [under their command] and insert instead thereof the words 

[throughout the County] 

pa 2 Line 25 Strike out the first [his] & insert the words [the said] 
27 Strike out the words [as shall be] 

2S Between the words [aforesaid] & [shall] insert the word [Wl o] 

pa 3 Line 5 After the word [aforesaid] add ihe words [and in case no Goods or Chattells are 
to be found He or they shall suffer twelve months Imprisonment without Bail 
cr mainprize unless he or they shall sooner pay the same 

10 Strike out [of] & insert [for] 

11 Strike out [Fines] and insert the words [pains] 
19 After the word [as] insert the words [have or] 

The Hono ble Daniel Morsmunden Esq r delivered in at the Table the two engrossed Copys of 
the Address to his Majesty signed by his Excellency and the same having been signed by the 
Speaker & the Members of the Council present It is 

Ordered, that the Hono ble Daniel Horsmanden E*q r do carry the said engrossed copys of the 
address to the General Assembly and when that House f\\;>]\ have signed ihe same Unit lie do 
then wait upon his Excellency with such Members as they shall appoint for that purpose and 
deliver the said address to his Excellency in order to be transmitted to his Majesty by the first 
opportunity 

The Council adjourned to Brookland to meet at 11 o clock 



1746.] The Hon. George Clinton, Esq: Governor. 943 

Brookland, on Nassau Island, Tuesday, July the 15", 1746. 
The Council met according to adjournment 

PRESENT The Hono : JAMES DE LANCEY, Esq r , Speaker, 

PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Phillipse and Coll Morris acquainting the 
Council that that House having appointed a Committee to take care of the honourable Reception 
& Entertainment of the Honourable Brigadier Gooch upon his arrival in the City of New York 
do desire the Council to appoint a Committee to Join the.m for that purpose 

Ordered, that the Hono blc James De Lancey, Daniel Horsmanden & Joseph Murray Esq rl be 
a Committee for the purposes mentioned in the said Message and that the Hono ble Joseph Murray 
Esq r acquaint the General Assembly therewith. 

His Excellency the Governour being come to the Council Chamber sent a Message to the 
General Assembly requiring their immediate attendance and they attending accordingly with 
their Speaker 

His Excellency then gave his Assent to the following Bills 

K 1 An Act for the more effectual preventing the Exportation of provisions & Warlike stores 

N 2 An Act to revive and continue the several actions, pleadings, processes and proceedings 
which were commenced arid depending in the late Inferior Court of Common Pleas for West 
Chester County 

N 3 An Act for the fixing and determining the drawing of the publick Lottery for this Colony 
on or before the first of September next 

N 4 An Act for the encouraging of Voluntiers to inlist in his Majesty s service upon the 
Expedition a ft Canada 

N 5 An Act for raising a supply of forty thonsnnd pounds by a Tax on Estates Real & 
personal, for carrying on an expedition against the French iuCmada, for emitting Bills of Credit 
for the like sum, and for sinking & cancelling the said Bills in short periods and for other purposes 
therein mentioned 

N G An Act for impressing Ship Carpenters, House Carpenters, Joiners, Sawyers & their 
servants; and all other Artificers and Labourers for the building of Battoes, and also for 
impressing Horses, Waggons & all oilier things necessary for the carrying on the Expedition 
against C.mada with the utmost Dispatch and 

N 7 An Act to detach three hundred men from the City and County of Albany to serve on 
the intended Expedition against Canada 

Then his Excellency addressing himself to the General Assembly was pleased to say That 
after the several Acts uforesnid were published the House might repair to their Assembly 
Chamber and adjourn itself to Tuesday the 29" Instant to meet at Brookland on Nassau Island 
and that as Ue was about to go to Alb my, they should, during his absence, consult with the 
Council with respect to their further adjournment 

After which his Excellency caused the said Acts to be published at Brookland and then 
returned to his Residence at Greenwich 

The Council returned to the Council Chamber 

PRESENT as before 

The Speaker assumed the Chair 

His Excellency the Governour having directed the General Assembly to adjourn themselves 
to Tuesday the 29 th Instant 

The Council therefore adjourned to the same day to meet at Brookland 



944 Journal of the Legislative Council of New York. [ 2 & h ? 

Brookland, on Nassau Island, Tuesday, July the 29" , 1746. 
The Council met according to adjournment 

PBESENT The Hono : JAMES DE LANCET,, Esq r , Speaker, 

PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MUREAV, 
JOHN MOORE, 
STEPHEN BAYARD, Esq r> . 

The Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the twelfth day of August next to meet 
at Brookland 

The Council therefore adjourned to the same day and place 



BrooTdand, on Nassau Island, Tuesday tlie 12 * day of August, 1746. 
The Council met according to adjournment 

PRESENT The Hono ble JAMES DE LANCEY Esq r , Speaker, 

PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the nineteenth Instant 

The Council therefore adjourned to the same day 



BrooTdand, on Nassau Island, Tuesday the 19 A day of August, 1746. 
The Council met according to adjournment 

PRESENT The Hono ble JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the second day of September next to 
meet at Brookland The Council therefore adjourned to the same day and place 



BrooNand, on Nassau Island, 8ept r the 2 d , 1746. 
The Council met according to adjournment 

PRESENT The Hono l!e JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the 1G" Instant to meet at Brookland 
The Council therefore adjourned to the same day and place 



174G.] The Hon. George Clinton, Esq: Governor. 945 

JBrooJdand, on Nassau Island, Tuesday the 16" day of September, 1746. 
The Council met according to adjournment 

PRESENT The Hono Me JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
STEPHEN BAYARD, Esq rs . 

Tlie Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the 30 lh Instant 

The Council therefore adjourned to the same day to meet at this place 



Brooldand, on Nassau Island, the . 50 4 day of September, 1746. 
The Council met according to adjournment 

PRESENT The Hono lle JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq r> . 

The Speaker assumed the Chair 

The General Assembly being adjourned to Wednesday the Eighth day of October next 

The Council therefore adjourned to the same day to meet at this place 



Brooldand, on Nassau Island, Wednesday the 8 th day of October, 1746. 
The Council met according to adjournment. 

PRESENT The Ho?io b!e JAMES DE LANCEY, Esq r , Speaker, 

PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to Monday the 13 lh Instant The Council therefore 
adjourned to the same day to meet at the City of New York 



TWENTY-FOURTH ASSEMBLY FOURTH SESSION. 

Council Chamber in the City of New York, Monday the 13 A day of October, 1746. 
The Council met according to adjournment 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

The Council adjourned to Fryday the 17 th Instant at 10 o clock in the morning. 

119 



4th 



9 i 6 Journal of the Legislative Council of New York. 

Friday, the 17" day of October, 1740. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

The Speaker from the Chair acquainted the Council That his Excellency the Governour had 
sent for him this morning and acquainted him That he had prepared a Speech which he intended 
to have delivered to the Council and General Assembly but that being seized with a sudden 
Indisposition he was thereby rendered unable to do it and therefore desired the Speaker would 
lay th same before the Council in his Excellency s name 

Which the Speaker did accordingly 

Ofdcreil, that his Excellency s Speech be read 

Then the same was read and 

Ordered, to be entered in the Minutes and is as follows 

Gentlemen of the Council, and. General As-cmllij, 

In Obedience to his Majesty s Commands, I went in July last, to Albany, in order to engage 
the Indian Nations to join with us in the Expedition against Canada. You arc not ignorant 
of tiie bad Dispositions the Six Nations have been in for some Time past; and the French of 
Canada, have been indefatigable in using all the Artifices in their Power, to turn that 
Disposition to their Advantage. It is not then to be wondered at, that I met with many 
Difficulties in that Affair ; hut iliis I hope will now increase vour Pleasure, when I can assure you, 
that the Six Nations, and the neighbouring Indians, have in the most solemn Manner, joined 
with us in the War against Canada. Had the Fleet from Great-Britain, arrived at the Time it 
was expected, the good Effects of the Treaties I had with these Indians, would have been 
much more manifest than what can now appear, when from unexpected Incidents publickly 
known, we ourselves have not been able to pursue any steady Measures; and the Mortality of 
the City of Albany having been communicated to the Indian Camp, (it being impracticable to 
keep the Indians from the Town, or the Inhabitants from them) I was obliged to dismiss the 
Indians on their Promise of bringing back all their Force, at any Time I shall direct; however, 
I already expect that the Inhabitants of Canada feel, in their own Country, the Effects of this 
Meeting. The Diffidences and Disorders which from some Time past have appeared among the 
Six Nations, I think could not have happened without some Neglect or Misconduct, in the 
Management of Indian Affairs. The Enemy gained great Advantages thereby; I must therefore 
recommend this to your Consideration, as all the Advantages obtained in your late Treaty with 
them, by much Assiduity, and a great Expcnce, may be lost, by Neglect in the Conduct of their 
Affairs, while a watchful and cunning Enemy suffers no Opportunity to slip, of debauching 
their Minds, and diverting their Affections from us. 

When I left this Place, I was in hopes of being freed from the principal Care of the Forces 
intended to proceed by Land against Canada, by the Arrival of M r Gooeh, whom his Majesty 
had appointed to command them, and who was then every Day expected ; but that Gentleman 
having absolutely declined the Service, I was obliged to take that Care upon myself. 

After we had been so long disappointed in our Expectation of the Arrival of the Fleet, and 
that any Attemp s by Sea seemed impracticable, I concerted Measures with M r Shirley, and M r 
Warren, to employ the Land Forces to the best Advantage, for the Security of ihe Frontiers, 
and Annoyance of the Enemy; but these Measures were disconcerted, by the Accounts received 
of a Fleet of Ships being on the Coast of Nova Scotia, which was suspected to he the Brest 
Squadron. It then became necessary for me to make such Dispositions of the Forces at Albany, 
as I thought would best serve for the Security of this Province, and at the same Time facilitate 
any Enterprise against the luiemy, that may at any Time hereafter be thought adviseable ; and 
I have, before 1 hit Albany, given Orders accordingly. 

The Danger all the English Colonies in North-America, ore exposed to by the Arrival of a 
Squadron of the Knemy s Ships, with a considerable Land Forc^, as it is said, on the Coast of 
Nova Scotia, requires our Attention ; but I have not as yet received sufficient Information to be 
able to speak to you particularly on this Head. 

\ 

Gentlemen of the General Assembly, 

A larger Sum than usually given for ihe Management of the Indian Affairs, is at this Time 
necessary, and as by the Orders which I have left behind me at Albany, a Winter Camp is to 
bf formed, and several small Forts aud Block Houses to be built, for preserving the 



1746.] The Hon. George Clinton, Esq: Governor. 947 

Communication with the Army, and Sccurityof the Frontiers, a considerable Expcnce must 
thereby be occasioned : Estimates of wliich, so far as I can procure them, shall belaid before 
you. Your own Safety is immediately concerned in the Execution thereof; and as this Province 
must sensinly feel the Effects of any Misfortune that may happen, and will likewise gain the 
greatest Advantages from the Success of any Enterprise against Canada, I make no doubt but 
that you will chearfully contribute all that is in your Power, in furnishing the Means requisite 
on this Occasion. You must be sensible at what great Expence your Mother Country supports 
the present War, against the Enemies of the Liberties of Europe, and of the Protestant 
Religion, and how much this Expence has been increased by a most unnatural Rebellion, wliich 
is now happily suppressed; and therefore how justly the King must expect of you u liberal 
Contribution to the utmost of your Power. When yon consider the great Sums which the 
Crown expends on this Expedition, of wliich you ll reap the choicest Fruits, any Parsimony or 
Saving, (however popular this Term may have become) cannot at this Time, be mentioned in 
your House with Prudence or Decency; and I must recommend it to you, that whatever 
Expence you shall judge necessary, may be made the least burthensome possible, especially to 
those who are least able to bear it. 

Gentlemen of l/tc Council, and of the Gcncrnl Assembly, 

It is always to be wished, that a perfect Harmony may subsist between the several Branches 
of the Legislature, which never was more necessary than now, as we are exposed to a powerful 
cruel, and deceitful Enemy. Differences often arise from imaginary Evils ; and the Weakness 
of human Nature is such, that Mankind are seldom free from real Causes of Mistrust ; but these 
likewise are often aggravated by the private Views of artful and designing Men : What I shall 
propose to you on this Occasion, is only to observe to you, that every Branch of the Legislature 
ought to keep strictly to our happy Constitution, without any one endeavouring to encroach 
upon the Powers, or Privileges, intrusted with the others; When unhappy Differences have 
arisen in our Mother Country, from an imprudent or wanton Stretch of Power, in any one of 
the Parts of Government; a Cure has been attempted, by throwing an Overmeasure of that 
Power into some other Part, by which the Ballance between the several Parts of Government 
has been destroyed. The Cure became worse than the Disease, whereby Contusion and 
Calamity always ensued, till the Ballancn was again restored. I nm told that something of the 
like Nature has more than once happened in this Government; let us then guard against such 
Mischiefs, and let us resolve to shew by our Actions, as well as by Words, that we understand 
and love the Engl sli Constitution, and thereby convince each other of the Sincerity of our 
Intentions, tor the Good of our Country; and then I make no doubt, all of us shall enjoy the 
Pleasures which necessarily arise from the good Effects of such a Resolution. 

G. CLINTON. 

Ordered, that his Excellences Speech be printed and that it be taken into consideration on 
Monday next 

The Council adjourned to Monday the 20 th Instant at 4 o clock P M dm 



Monday, October the 20" , 1746. P l M dm 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Governour s Speech be taken into Consid" on Thursday next 

Then the Council adjourned to Thursday next 11 clock 



948 Journal of the Legislative Council of New York. 

Thursday, October the 23 d , 1746. 
The Council met according to adjournment 

PRESENT The Hono* CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Schuyler and Capt" Livingston with the Bill 
Entituled, "An Act to continue An Act Entituled, An Act for the establishing a Military Watch 
" for the City & County of Albany" Desiring the Concurrence of the Council thereto 

A Message from the General Assembly by M r Clurkson and Captain Richard with the Bill 
Entituled, "An Act for appointing Commissioners to take examine & state the publickaccompts 
"of the Colony from the year 17 L3" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Crtiger & M r Cornel with the Bill Entituled, 
"An Act to continue An Act eniitulecl, An Act for the returning of able & sufficient Jurors and 
for the better regulation of Juries" Desiring the concurrence of the Council thereto 

Ordered, that ihe said three Bills be now read 

Then the said three Bills were read the first time and 

Ordered a second Reading 

The Council adjourned to Saturday morning 11 o clock 



Saturday, the 25 A day of October, 1746. 
The Council met according to adjournment 

PRESENT The Hono lle JAMES DE LANCEY, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Morris and M r Cruger with the Bill Entituled, 
" An Act tor the more effectual cancelling the Bills of Credit of this Colony " Desiring the 
concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second Reading 

Ordered, that the Bill Entituled, " An Act to continue An Act entituled, An Act for the 
" establishing a Military Watch for the City & County of Albany " The Bill Entituled, " An 
" Act for appointing Cominiss" to take examine & state the publtck accompts of the Colony 
" from the year 1713" and The Bill Entituled, "An Act to continue An Act entitled An Act 
" for the returning of able & suff Jurors and for the better Regulation of Juries " be now read 
the 2 d time 

Then the said three Bills were read the second time and 

Ordered to be committed 

The Council adjourned to Monday 4 o clock P. M dm 



1746.] The Hon. George Clinton, Esq: Governor. 949 

Monday, the 27 * day of October, 1746. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Ordn-cd, that the Bill Entituled, " An Act for the more effectual cancelling the Bills of Credit 
" of this Colony " be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Committee to consider of the said Bill, and the Bill 
Entituled. " An Act for appointing Commissioners to take, examine & state the publick accompts 
" of the Colony from the year 1713 " and also the Bill Entituled, " An Act to continue An Act 
" Entituled, An Act for the returning of able & sufficient Jurors and for the better Regulation 
of Juries " 

The Committee having duely weighed & considered of the said Bills and being ready to 
make their Report thereon 

The Speaker assumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said three Bills and had directed him to 
report them without amendment 

Which Report, on the Question being put was agreed to & approved of and the said three Bills 

Ordered a third Reading 

A Message from the General Assembly by Coll Schuyler & Capt n Richard with the Bill 
Entituled, " An Act to let to farm the Excise on Strong Liquors retailed in this Colony from 
" the first of November 1746 to the first of November 1747 " Desiring the concurrence of the 
Council thereto 

Ordered, i hat the said Bill be now read 

Then the said Bill was read the first time and 

Ordered, a second Reading 

The Council then adjourned till Wednesday 3 clock P l M dm 



Wednesday, the 29 A day of October, 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col Schuyler & Capt Renselaer with a Bill 
Entituled, "An Act to continue An Act Entituled, An Act to support the Garrison and Trading 
" House at Oswego with addition thereto" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by Cap Livingston and Coll Haring with the Bill 
Entituled, "An Act to continue An Act Entituled, An Act to prevent Desertion of his Majesty s 
" Forces in this Colony" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Crugcr & Capt Stilwell with a Bill Entituled, 
" An Act for raising the sum of two thousand two hundred & fifty pounds by a publick Lottery 
"for this Colony, for the advancement of Learning and towards the founding a Colledge within. 
" the same" Desiring the concurrence of the Council thereto 

Ordered, that the said three Bills be now read 

Then the said three Bills were read the first time and 

Ordered a second Reading 



950 Journal of the Legislative Council of New York. [ 2 J[]] " 

Ordered, that the Bill Entituled, "An Act to let to farm the Excise on Strong Liquors retailed 
" in this Colony from the first of November 174G to the first of November 1747 " be now read 
the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

Then the Council adjourned till Saturday morning 10 o clock 



Saturday, the first day of November, 1746. 
The Council met according to adjournment 

PRESENT The Ho?w l!e JAMES DE LANCEY. Esq r , Speaker, 

DANIEL HOESMANDEN, 
JOSEPH MUKEAY, 
Jonx MOOKE, 
STEPHEN BAYAED, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill entituled, "An Act to continue An Act Entituled, An Act for the 
" returning of able & sufl 1 Jurors and for the better regulation of Juries" be now rtacl the 
third time 

Then the said Bill was read the third time and 

On the Question being put 

J?csolccd, that the said Bill do pass 

Then the Hono ble Cadvvallader Colden & Philip Livingston Esq ts came into Council and 

M r Colden took the Chair 

Ordered, that the Bill Entituled, An Act for the more effectual cancelling the Bills of Credit 
of this Colony" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

llesoh-cd, that the said Bill do pass 

M r Chief Justice De Lanccy moved that the Bill Entituled, "An Act for appointing 
" Commissioners to take, Examine & state the pubiiek accoinpts of this Colony Irom the year 
" 1713" might be read the third time and 

On the Question being put 

Ordend, that the said Bill bo now read the third time 

Then the said Bill was read the time and M 1 Colden thereupon moved that an amendment might 
be made thereto and 

The question being put 

Whether an amendment should be made to the said Bill? 

It passed in the Negative 

Then the Question being put 

Whether the Bill should pass? 

Resolved, that the said Bill do pass 

Ordered, that the Hono bl<f Stephen Bayard Esq r do acquaint the General Assembly that the 
Council have passed the three aforegoing Bills without amendment 

Then the Council adjourned till Tuesday morning 10 o clock 



Tuesday, the fourth day of November, 174G. 
The Council met according to adjournment 

PRESENT The Hono l!e PHILIP LIVINGSTON, Esq r , Speaker, 

AHCHIBALD KENNEDY, 

PlilLIP CoilTLANDT, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council adjourned till 4 o clock P M. 



1746.] The Hon. George Clinton, Esq : Governor. 951 



, the fourth day of November 174G. P. M. 
The Council met according to adjournment 

PRESENT The Hono le PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PlIILIP COURTLANDT, 
DANIEL HORSJIANDEN, 
JOHN MOORE, Esq r . 

The Speaker assumed the Chair 

Oidcicd, that the Bill Entituled, " An Act to continue An Act Entituled, An Act to support 
" the Garrison & Trading Mouse at Oswego with addition thereto" The Bill Entituled," An Act 
" to continue An Act Entituled, An Act; to prevent Desertion of his Majesty s Forces in this 
" Colony" and the Bill Entituled, An Act for raising the sum of .2250 by a publick Lottery for 
" this Colony, for the advancement of Learning and towards the founding a Colledge within the 
" same" be now read the second time. 

Then the said three Bills were read the second and 

Ordered to be committed 

A Message from the General Assembly by Coll Schuyler & M r Nicoll with a Bill Entituled, " An 
" Act to continue An Act entituled, An Act for and towards supporting the Government of this 
" Colony by granting to his Majesty the duties therein mentioned from the first day of December 
" 17-10 to the first day of December 1741 with an addition thereto" Desiring the concurrence of 
the Council thereto 

A Message from the General Assembly by Major Van Horn and Captain Livingston with a 
Bill Entituled, " An Act to raise levy and collect the sum of Eighty pounds in the City and 
" County of New York for the services therein mentioned" Desiring the concurrence of the 
Council thereto 

Ordend, that the said Bills be now read 

Then the said two Bills were read the first time and 

Ordered a second Reading 

Then the Council adjourned till Thursday the sixth day of November 4 o clock P M and then 
met. .ml 

Adjourned till Fryday the 7 lh Instant 11 o clo:k A U 1 "" 



Friday, the 7 day of November, 1746. A. M. 
The Council met according to adjournment 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSJIANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act to continue An Act entituled. An Act for & towards 
" supporting the Govermn of this Colony by granting to his Majesty the Duties therein 
" mentioneil from the first day of December 1740 to the first day of December 1741 with an 
addition thereto" and the Bill Entitnled, " An Act to raise levy & collect the sum of 50 in 
" the City & County of New York for the services therein mentioned" be now read the second time 

Then the said Bills were read the second time & 

Ordered to be committed 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, " An 
" Act to continue An Act entituled, An Act to prevent Desertion in his Majesty s Forces in 
" this Colony" The Bill Entituled. " An Act to let to farm the Excise on Strong Liquors retailed 
in this Colony from the first of November 1746 to the first of November 1747" and The Bill 
entituled, " An Act to continue An Act entituled, "An Act for the establishing a Military 
" Watch for the City & County of Albany" 

The Committee having duely weighed & considered of the said three Bills and being ready 
to make their Report thereon 



952 Journal of the Legislative Council of Nero York. [ 



24th Ansem. 
4th SeBS n. 



The Speaker resumed the Chair 

Ordcrul, that the said Report be made immediately 

Then the Hono : Daniel Horsmanden Esq r Chairman of the said Committee in his place 
reported that the Committee had gone through the said three Bills and had directed him to 
report the t\vo first abovementioned Bills without amendm and the other Bill with several 
amendments 

And the said amendments having been read 

The Report on the Question being put was agreed to & approved of 

Ordered, that the said three Bills be read the third time 

Then the Council adjourned till to morrow morning 11 o clock 



Saturday, the Eighth day of November, 1746. 
The Council met according to adjournment 

PRESENT T/te Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Schuyler and Capt" Richard with a Bill 
Entituled, " An Act to continue An Act entituled, An Act for regulating the Militia of this 
Colony with an addition thereto" Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second reading 

The Council Resolved themselves into a Committee to consider of the following Bills viz* 

The Bill Entifuled, " An Act to continue An Act entituled, An Act to support the Garrison 
" and Trading House at Oswego with addition thereto" 

The Bill Entituled, " An Act for raising the sum of .2250 by a publick Lottery for this 
" Colony for the advancement of Learning & towards the founding a Colledge within the same" 

The Bill Entituled, " An Act to continue An Act entituled, An Act for & towards supporting 
11 the Government of this Colony by granting to his Majesty the Duties therein mentioned from 
" the first day of December 1740 to the first day of December 1741 with an addition thereto" 
and 

The Bill Entituled, " An Act to raise levy and collect the sum of eighty pounds in the City 
" & County of New York for the services therein mentioned 

The Committee having duely weighed & considered of the said four Bills and being ready 
to make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said four Bills and had directed him to 
report them without amendment 

Which Report on the Question being put was agreed to & approved of and the Bills severally 

Ordirtd a third Reads 

Then the said four Bills were read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble Daniel Horsmanden Esq r do acq the General Assembly that the 
Council have passed the said four Bills without amendment 

Ordered, ihat the Bill Entituled, " An Act to let to farm the Excise on Strong Liquors retailed 
" in this Colony from the first of November 1746 to the first of November 1747" and the Bill 
Entituled, " An Act to continue An Act Entituled, An Act to prevent Desertion of his Majesty s 
" Forces in this Colony" be now read the third time 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble Philip Cortlnndt Esq do acquaint the General Assembly that the 
Council have passed the said two Bills without amendment 



1746.] The Hon. George Clinton, Esq: Governor. 953 

Ordered, that the Bill Entituled, " An Act to continue An Act entituled, An Act for the 
" establishing a Military Watch for the City & County of Albany" be now read the third time 
as amended 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill as amended do pass 

Ordered, that the Hono ble John Moore Esq r do carry the said Bill with the amendments to the 
Gen 1 Assembly and acquaint them that the Council have passed the same with those amendm" 
to which they desire their concurrence 

The Council adjourned till Tuesday morning 11 o clock 



Tuesday, November the II" 1 , 1746. 

The Council met according to adjournment 
PRESENT The Hono lli ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Verplank & M r Thomas with the Bill Entituled, 
An Act for naturalizing Matthias Thomas Nicolas Tesson, Marie Tesson, Jean Piere Le Brieur, 
Charle Julian, Francois Blanchard, Moise Audier, Philip Grim, Jacob Christopher Forster, 
Peter Grim, Leonarat Riegeler, Johannes Van Dyck, Adam Ebert, Johannes Jurriaanse, 
William Braambos, Willemina Braambos, William Braambos Jun r , John Garde and John 
George Cook " Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, " An Act to continue An Act, entituled, An Act for regulating 
" the Militia of this Colony with an addition thereto " be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

A Message from the General Assembly by Coll Schuyler and Captain Bradt with the Bill 
Entituled, "An Act to continue An Act entituled, An Act for the establishing a Military Watch 
"for the City & County of Albany" with the amendments made thereto by the Council 
acquainting the Council that the General Assembly have agreed to the said amendments and 
Desire the Bill may be amended accordingly. 

Ordered, that the said Bill be amended 

Then the said Bill was amended by adding at the End of the Title thereof the words [with 
addition thereto] and at the End of the Bill a clause Laying a penalty on the Officer that mounts 
Guard for neglect in laying the several Fines and Forfeitures that shall be incurred by and 
during the continuance of the Act continued in this Bill 

Then the Council adjourned till Thursday morning 11 o clock 



Thursday, the thirteenth day of November, 1746. 

The Council met according to adjournment 
PRESENT The Hono^ PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for Naturalizing Matthias Thomas and others " do 
lye on the Table for further consideration 

Then the Council adjourned till to morrow morning 10 o cl 

120 



954 Journal of the Legislative Council of New York. [ ^ B^. 

Friday, the fourteenth day of November, 1746. 
The Council met according to adjournment 

PRESENT The Honu ble CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOOKE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Cruger and M r Nicoll with the Bill Entituled, 
"An Act for the more effectual collecting the Taxes laid by the Acts therein mentioned. 
Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the s d Bill was read the first time and 

Ordered a second reading 

Then the Council adjourned till Monday the 17 th Instant and then met and adjourned till 
Tuesday the 25 th Instant and then also met and adjourned to Wednesday the 26 Instant 



Wednesday, the 26 A day of November, 1746. 
The Council met according to adjournment 

PRESENT The Hono Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

JOHN MOORE, 
STEPHEN BAYARD Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for the more effectual collecting the Taxes laid 
" by the several Acts therein mentioned" be now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed 

A petition of the Trustees of the Township of Brucklyn was presented to the Council and 
being read was 

Ordered to be Entered and is as follows 

To the Honourable the President and Members of his Majesty s Council for the province of New 
York 

" The Petition of the Trustees of the Township of Brucklyn in Kings County 
" in behalf of themselves & other the Freeholders & Inhabitants of the said 
" Township 

Humbly shcwcth 

- That the Freeholders & Inhabitants of the said Township being greatly aggrieved by An Act 
of the Governour Council and General Assembly made and published in the sixth year of his 
present Majesty s Reign Entituled, An Act to regulate the Ferry between the City of New 
York and the Island of Nassau and to regulate the Ferriage thereof, did by their humble 
petition to the Honourable the Representatives of this Colony made & presented in January 
last pray leave to bring in a Bill to relieve your petitioners from the Hardships therein 
mentioned 

" That thereupon your Petitioners obtained leave to bring in a Bill to the same purpose, 
" which after some opposition from the Corporation of the City of New York and hearing of 
" Council on both sides, did at length pass the said Honourable House on the fourth day of July 
" last and was then ordered to be carried to this Honourable Board praying your Honour s 
" concurrence 

" That your Petitioners Humbly hope the said Bill contains sufficient Reasons within it self 
" to move this Honourable Board to concur with the General Assembly in passing the said Bill 
" into An Act. The whole scope whereof not being to give the Freeholders & Inhabitants of 



1746.J The Hon. George Clinton, Esq: Governor. 955 

" the Township of Brucklyn any Right which they had not before the passing the said Act of 
" the sixth year of his present Majesty Nor to take from the City & Corporation of New York 
" and (sic) Itight which it had before the making the said Act but only to remove a Grievance 
" occasioned by the said Act and to leave both parties in the possession and Enjoyment of their 
" particular Rights which they had antecedent to the said Act, without any Benefit to the one 
" party or prejudice to the other by the continuance of the said Act 

" That your petitioners humbly hope that this IIono ble Board will be of opinion that property 
" ought to have been left to the Trial of Law in the known and established Courts of Justice 
" within this Colony and that no Act ought to have been made to exclude or debar your 
" petitioners of the free Exercise of their former priviledges of free Ferriage in their own boats 
" claimed by Law to be annexed to their ancient Freeholds Especially that it was a very great 
" Hardship to subject your petitioners by the said Act to the judgment of the Magistrates of 
" the City of New York who are actually Parties interested against them 

" Your petitioners therefore most humbly pray your Honours to concur with the General 
" Assembly in passing the said Bill now before this Honourable Board into a Law. 

Aud your pet rs shall ever pray &c 

JACOBUS LEFFERTSE ~) rr ,. ,, ^ .,, T i i-j / 

PIETER VAX DEUVOORT, \ T tee S. the . Freeholders ty Inhabit* of 
HENDRICK REMSEN S Brucklyn m behalf of the said Township 



Ordered, that the Mayor of the Corporation of the City of New York be served with a copy 
the aforegoing Petition 
Then the Council adjourned till Saturday morning 11 o clock 



Saturday, the 29" day of November, 1746. 
The Council met according to adjournment 

PRESENT The Hono ljU CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEFHEN BAYARD, Esq. 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the Bill Entituled, "An Act 
"for the more effectual collecting the Taxes laid by the several Acts therein mentioned" 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their report thereon 

The Speaker reassumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono llle Daniel Horsmanden Esq r Chairman of the said Committee in his place 
leported that the Committee had gone through the said Bill and had directed him to report 
it without amendment 

Which Report on the Question being put was agreed to and approved of and the Bill 

Ordered a third Reading 

A Message from the General Assembly with a Bill Entituled, " An Act for the payment of 
" the salaries services and contingencys therein mentioned until the first day of September one 
" thousand seven hundred & forty seven " Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second Reading 

Then the Council adjourned till Monday morning 11 o clock 



956 Journal of the Legislative Council of New Yor~k. [ 2 ith s^ T 

Monday, the first day of December, 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq rl . 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for the more effectual collecting the Taxes laid by 
" the several Acts therein mentioned " be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Bill Entituled, " An Act for the payment of the salarys services & 
contingencys therein mentioned until the first day of September 1747 be now read the second 
time 

Then the said Bill was read the second time and 

Ordered to be committed 

Then the Council [adjourned] till Wednesday morning 11 o clock 



Wednesday, the third day of December, 1746. 
The Council met according to adjournment 

PRESENT The Hono Me CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP COURTLANDT, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll Beekman and Captain Richard with a Bill 
Entituled. " An Act for making further provision for victualling of his Majesty s Troops raised 
" within this Colony for the Expedition against Canada, and for other the publick services 
" therein mentioned" Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a 2 d Reading 

The Council Resolved themselves into a Committee to consider of the Bill Entituled " An 
" Act to continue An Act entituled, An Act for regulating the Militia of this Colony with an 
" addition thereto" 

The Committee having duely weighed & considered of the said Bill and being ready to 
make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble James De Lancey Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bill and had directed him to report 
it without amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Then the Council adjourned til to morrow morning 11 o clock 



1746.] The Hon. George Clinton, Esq: Governor. 957 

r 

Thursday, the fourth day of December, 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for making farther provision for victualling of his 
" Majesty s Troops raised within this Colony for the Expedition against Canada and for other 
" the publick services therein mentioned" be now read the 2 d time 

Then the said Bill was read the second time & 

Ordered to be committed 

The Council then Resolved themselves into a Committee to consider of the said Bill and of the 
Bill Entituled, " An Act for the payment of the salaries, services & contingencys therein 
" mentioned until the first day of September 1747 

The Committee having duely weighed & considered of the said Bills & being ready to 
make their Report thereon 

The Speaker reassumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Stephen Bayard Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said two Bills and had directed him to Report them 
without amendment 

Which Report on the Question being put was agreed to & approved of and the said two Bills 

Ordered a 3 d Reading 

Then the Council adjourned till 4 o clock P. M. 



Thursday, the fourth day of December, 1746. P. M. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for the payment of the Salarys Services & 
" Contingencies therein mentioned until the first day of September 1747" and the Bill Entituled, 
"An Act for the making further provision for the victualling of his Majesty s Troops raised 
" within this Colony for the Expedition ag" Canada & for other the publick Services therein 
" mentioned " be now read the third time 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said two Bills do pass 

Ordered, that the Hono ble Stephen Bayard Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills and the Bill Entituled, "An Act to continue An Act 
"Entituled, An Act for regulating the Militia of this Colony with an addition thereto," and also 
the Bill Entituled, "An Act for the more effectual collecting the Taxes laid by the several acts 
" therein mentioned " Without amendment: 

M r Chief Justice De Lancey took notice That as the business of this Session was now 
compleated he had something to offer to the Council, which arose from the perusal of a 
pamphlet that had lately fallen into his Hands Entituled, "A Treaty between his Excellency 
the Grovernour and the Six united Indian Nations and other Indian Nations depending on the 



958 Journal of the Legislative Council of New York. 

* 

province of New York, held at Albany in the months of August and September 1746 (which 
pamphlet he had in his hands) wherein was a paragraph, page 3, in the words following viz 1 

"His Excellency the Governor of New York having received his Majesty s Commands, to 
"engage the Indian Nations depending on his Government to join in the expedition then 
"intended ag st Canada, and to make them the usual presents on that occasion; and being 
"sensible of the great use these Nations may be to the success of this Enterprize and likewise of 
"the difficulties that probably mijjht attend his Endeavours at this time, was desirous to have 
"had the assistance of as many of the members of his Majesty s Council as the Circumstances 
"of Affairs would admit; but they all declined to give their attendance except M r Golden & 
4i M r Livingston: His Excellency was therefore obliged to Act with the smallest number of 
" members, which by his Majesty Commission can form a Council, viz Three ; The above two 
" Gentlemen and Capt n Rutherford, who was then at his post in Albany " 

Which paragraph he conceived, did contain a Misrepresentation of Facts, and an invidious 
reflection upon such of the members of his Majesty s Council as did not attend his Excellency 
to Albany ; He therefore moved that the Printer might be ordered to attend, and be examined, 
that the Council might be informed who gave him the Copy with directions to print it; 

Which motion being seconded by M r Murray ; 

M r Golden confessed that he had delivered the copy to the Printer and being thereupon 
asked, whether he gave him directions to print it? He replyed he had delivered him the copy ; 

Which confession not being satisfactory, he was again asked, Whether or no he directed him 
to print it; And it was said, That in Case he did not give a direct answer to that point, the 
Council would insist that the Printer should attend, who no doubt would inform them of the 
Truth of the matter: 

Whereupon M r Golden confessed also that he did direct him to print it; and afterwards 
owned that he was the author, but said he had no intention to reflect upon any of the 
Gentlemen of the Council 

After some animadversions made on the said paragraph by M r Chief Justice, M r Horsmanden 
& M r Murray, M r Chief Justice further moved 

That a censure might be passed upon the said paragraph ; and that the Council would come 
to the follow^ Resolution thereupon 

And on the Question being put it was accordingly 

Resolved, that it is the opinion of the Council That the aforesaid paragraph contains a 
misrepresentation of Facts and an invidious Reflection upon the members of his Majesty s 
Council, who remained at the City of New York, during his Excellency s absence at the late 
Treaty at Albany 

And as the said pamphlet is dispersed in print 

Ordered that the said motion and proceedings and this Resolution be forthwith printed 

Then the Council adjourned till to morrow morning 11 o clock 



Friday, the fifth day of December, 1746. 
The Council met according to adjournment 

PRESENT The Hono >le PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq rs . 

The Speaker assumed the Chair 

Ordcnd, that the Bill Entituled, >( An Act for naturalizing Mathias Thomas and others" be 
now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed 

Then the Council Resolved themselves into a Committee on the said Bill and the Committee 
having duely weighed & considered of the said Bill and being ready to make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bill and had directed him to report it 
without amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the third time 

Then the Council adjourned till to morrow morning 10 o cl 



1746.] The Hon. George Clinton, Esq : Governor. 959 

Saturday, the -sixth Jay of December, 1746. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP COURTLANDT, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for naturalizing Matthias Thomas & others " be 
now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass- 

Ordeml that the Hono w * Daniel Horsmanden Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without amendment 

Then the Council adjourned to the Council Chamber at his Excellency s Residence Where 
being met 

His Excellency came to the Council Chamber and sent a Message to the General Assembly 
requiring the immediate attendance of that House and they attending accordingly with their 

C< I 

Speaker 

His Excellency in the presence of the Council and the General Assembly gave his Assent 
to the thirteen following Bills viz* 

K 1 An Act to continue An Act Entituled, An Act for the Establishing a Military Watch 
for the City and County of Albany with addition thereto 

N 2 An Act to continue An Act Entituled, An Act for the returning of able and sufficient 
Jurors and for the better regulation of Juries 

N 3 An Act to let to farm the Excise on Strong Liquors retailed in this Colony from the first 
of November 174G to the first of November 17J7 

N 4 An Act to continue An Act Entituled, An Act to support the Garrison and Trading 
House at Oswego with addition thereto 

N 5 An Act to continue An Act entituled An Act to prevent Desertion of his Majesty s 
Forces in this Colony 

N 6 An Act for raising the sum of ,2250 by a publick Lottery for this Colony for the 
advancement of Learning & towards the founding a College within the same 

N 7 An Act further to continue An Act entituled, An Act for & towards supporting the 
Government of this Colony by granting to his Majesty the Duties therein mentioned from the 
first day of December 1740 to the first day of December 1741 

N 8 An Act to raise levy and collect the sum of eighty pounds in the City and County of 
New York for the services therein mentioned 

N 9 An Act to continue An Act Entituled, An Act for regulating the Militia of this Colony 
with an addition thereto 

N 10 An Act for naturalizing Matthias Thomas, Nicolas Tesson, Marie Tesson, Jean Piere 
Lebrieur, Charle Julian, Francois Blanchard, Moise Audier, Philip Grim, Jacob Christopher 
Forster, Peter Grim, Leonart Riegeler, Johannes Van Dyck, Adam Ebert, Johannes Jurrianse, 
AVilliam Braambos Willemina Braambos, William Braambos Jun r John Garde and John George 
Cook 

N 11 An Act for the more effectual collecting the Taxes laid by the Acts therein mentioned 
N 12 An Act for the payment of the salaries, services & contingencies therein mentioned 

until the first day of September 1747 

N 13 An Act for making further provision for the victualling of his Majesty s Troops raised 

within this Colony for the Expedition against Canada, and for other the public services therein 

mentioned 



960 Journal of the Legislative Council of Neio York. 

Raisures and Interlineations in the several aforegoing Acts as brought from the General 
Assembly for the concurrence of the Council viz 1 

N 3 
N 3 pa 1 Line 19 The words [from the first] wrote on a Raisure 

L 20 & 21 The words [this present year to the first day of November which will be 
in the year of our Lord one thousand seven hundred] wrote on a Raisure 
pa 4 Line 21 The words [farmed to them which in &] 

pa 5 Line 14 The words [House according to Law] also the name [Clere Everit] 
throughout the whole Act wrote on a Raisure and the greatest part of 
the 13* Line of the 2 d page Eraised 

NO 4 

N 4 pa 1 Line 17 The words [the City of] and the words [Corn 8 Van Denberg shall be and] 

wrote on a Rasure 

N 6 

N 6 pa 2 Line 19 The word [possessor] and in the same & the foil Line the words [if drawn 

a prize shall be directed] 
pa 3 Line 1 The words [of the Tickets] and Line 16 the words 

16 [be there] 
pa 5 Line 14 The words [the said first] & Line 29 the words 

29 [the one] 

pa 9 Line 9 The word [six] & Line 23 the word [College] and 
pa 11 Line 12 The word [Removing] all wrote on eraised places 

N 7 
N 7 pa 1 Line 9 The word [General] & the next Line the words [Support thereof] & in 

the last line the words [& Honest] 

2 1 The words [or any] and in the last line save one, of the last page the 

word [the] all wrote on Eraised places 

N 8 
N 8 1, 7 The words [or paid unto him] wrote on a Raisure 

N 9 

N 9 1, 9 The words [Enacted by his Excellency the Governour, the Council &] 

19 The words [who have] Last line [and be obliged to perform] 

2, 17 The word [Invasion] 

3, 23 The words [in some other] and pa 

4, 12 The words [levyed by] all wrote on eraised places 

N 10 

N 10. 1 12 The word [have] Line 27 the words [Thomas; Nicolas Tesson, Marie 

Tesson] 

2 7 The word [Jacob] & Line the 14 th the words [upon application] all wrote 

on eraised places 

N 11 

N 11 1 26 The words [to be by him applyed] & 

3 10 The word [taking] wrote on a Raisure 

N 12 

N 12 7 18 The words [of Indian Affairs after the thirteenth] & 

9 14 & 15 The words [Mathias Van Dyck the additional allowance to George Duncan 
& Alexander Lamb] wrote after Raisure 

N 13 
N 13 2 22 The words [or one pint of Rice & one Gill of Rum] 

3 2 The word [pursuance] & in thn next line the words [this act as a 

Recompence for their care and Trouble] 

7 19 The word [and] and in pa S Line IS the word [eight] wrote after a 

Raisure 

Then the said thirteeen Acts were published and his Excellency prorogued the General 
Assembly until Tuesday the thirteenth clay of January next Then to meet to proceed upon 
Business 



1747.] The Hon. George Clinton, Esq: Governor. 961 

[ N. T. Col. MSS., LXXV., 117. ] 

BY His EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
p , province of New York and the territories thereon depending in America Vice Admiral 
J of the same and Vice Admiral of the Red Squadron of his Majestys Fleet 

A PROCLAMATION 

WHEREAS the General Assembly of the province of New York stands prorogued until this 
day I have thought fit for his Majesty s Service by and with the advice of his Majesty s Council 
further to prorogue the said General Assembly until Tueeday the third day of March next and 
I do by Virtue of the powers and authorities to me given by his Majesty s Letters patent under 
the Great Seal of Great Britain hereby accordingly prorogue the said General Assembly to the 
said third day of March then to meet at the City of New York Of which all his Majesty s 
Subjects are hereby required to take notice and govern themselves accordingly 

Given under my Hand and Seal at Arms in the City of New York the thirteenth 
day of January in the twentieth year of the Reign of our Soveraign Lord 
George the Second by the Grace of God of Gr^at Britain France and Ireland 
King Defender of the Faith &c a and in the year of our Lord 1746 

G CLINTON 
BIJ His Excellency s Command 

Gw BANYAE D Secry 

God save the KING. 



[N. Y. Col. MSS., LXXV., 120.) 

BY His EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
r- -, Province of New York and the Territories thereon depending in America Vice 
"- L "J Admiral of the same and Vice Admiral of the Red Squdron of His Majesty s Fleet 

A PROCLAMATION 

WHEREAS the General Assembly of this Province stands prorogued until Tuesday the third 
day of March next I have thought fit by and with the advice of his Majesty s Council further 
to prorogue the said General Assembly and I do by virtue of the powers and authorities unto 
me granted by his Majesty hereby further prorogue the said General Assembly until Tuesday 
the seventeenth day of March next ensuing Then to meet at the City Hall in the City of New 
York Of which all his Majesty s Subjects are to take Notice and govern themselves accordingly. 

Given under my Hand and Seal at Arms in the City of New York the twentieth 
day of February in the year of our Lord 1746 and in the twentieth year of 
the Reign of our Soveraign Lord George the second by the Grace of God of 
Great Britain France and Ireland King Defender of the Faith &c a 

G. CLINTON 
BIJ His Excellency s Command 

Gw. BANYAR D Secry 

God save the KING 



121 



962 Journal of the Legislative Council of New York. 



24th Assem. 
. 6th SesB n. 



[ N. Y. Col. MSB., LXXV., 122. ] 

BY His EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
i- -, Province of New York and the Territories thereon depending in America Vice 
J Admiral of the same and Vice Admiral of the Red Squadron of his Majesty s Fleet 

A PROCLAMATION 

WHEREAS the General Assembly of this Province stands prorogued until Tuesday the 
seventeenth Instant I have thought fit by and with the advise of His Majesty s Council further 
to prorogue the said General Assembly and I do by virtue of the powers and authorities unto 
me granted by his Majesty hereby further prorogue the said General Assembly until Tuesday 
the twenty fourth day of March this Instant Then to meet at the City Hall in the City of New 
York in order to proceed immediately upon Business of which all his Majesty s Subjects are to 
take Notice and Govern themselves accordingly. 

Given under my Hand and Seal at Arms in the City of New York the sixteenth 
day of March in the year of our Lord 1746 and in the twentieth year of the 
Reign of our Sovereign Lord George the second by the Grace of God of 
Great Britain France and Ireland King Defender of the Faith &c a 

G. CLINTON 
By His Excellency s Command 

Gw. BANYAR D Cl Con 

God save the KING. 



TWENTY-FOURTH ASSEMBLY FIFTH SESSION. 



Province of -At a> Session of his Majesty s Council and General Assembly begun 

Newark at t fo ^y Hall of the City ofNew York, on Tuesday the 24 * day of 

March, 1747. 

His Excellency the Hono ble George Clinton Captain General and Governour in Chief of the 
said Province having been pleased to prorogue the General Assembly from the thirteenth day 
of January last at several times to this day 

The Council met accordingly 

PRESENT The Honoble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

Then the Council adjourned til to morrow morning 11 o clock 



1747.] The Hon. George Clinton, Esq: Governor. 963 

Wednesday, the twenty fifth day of March, 1747. 
The Council met according to adjournment 

PRESENT The Ho?w le CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DELANCEY, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, Esq. 

The Speaker assumed the Chair 

His Excellency having sent to the Council requiring their immediate attendance at the 
Council Chamber at his Residence 

The Council adjourned thither accordingly 

The Council being returned 

The Speaker resumed the Chair and Reported that his Excellency had made a Speech to the 
Council and General Assembly and Delivered to him a Copy thereof which he laid before the 
Board 

Ordered, that his Excellency s Speech be Read 

Then the Same was Read and 

Ordered, to be Entered in the Minutes and is as follows 

Gentlemen of the Council and General Acsembly, 

I have delayed calling you together till this Time, in Hopes of receiving his Majesty s 
Commands, and thereby to have been enabled to speak more explicitly to you, with Respect to 
the Expedition against Canada, than I can at present. 

But the Season of the Year is already so tar advanced, that it is become necessary to make 
Preparation without Delay, for posting and employing the Forces, in such Manner, as they may 
be most useful, for the Security of our Frontiers, and the Execution of any Enterprize that 
shall be thought proper for Annoyance of the Enemy. 

I sent Col. Roberts to Boston, to concert Measures with Governor Shirley, for this Purpose, 
which is done accordingly. 

I have likewise retained the Mohawk Indians from Hunting, that they may be ready on any 
Occasion, for Service; and have used my best Endeavours among the other five Nations, to 
preserve them in the good Disposition, in which they were after my last Treaty with them at 
Albany; and to have them in Readiness, upon every Occasion, in which they can be of Service. 

Parties of Indians, with some of the Inhabitants of this Province, are gone, and going out, 
with Design to intercept any of the Enemy, that may be abroad near our Frontiers ; and to 
range the Woods, in all Places, where they may expect to meet with any of the Enemy. 

Gentlemen of the General Assembly t 

You know that Provision is only made, for victualling the Troops levied in this Province, to 
the first of May; I must earnestly recommend to you, the making a further Provision for this 
Purpose. 

I have with very great Expence and Charge to the Crown, and without any Charge or 
Burthen on the Inhabitants of this Province, secured the Friendship of the five Nations of 
Indians, and of the Nations dependent on them; I have likewise, at the same Expence and 
Charge, received Hopes of joining some other of the more Western Nations of Indians, in the 
War against the French, and who were formerly in the French Interest. I think, it may tend 
much to his Majesty s Service, the Security of all the English Colonies in North-America, but 
more particularly to the Security of this Province, and the Success of any Enterprize that may 
hereafter be undertaken against the common Enemy, that this good Disposition among all the 
Indian Nations in Amity with us, be confirmed and established by all the Means in our Power; 
for this Purpose, 1 propose to go as early as possible to Albany; and I hope, you will think it 
incumbent on you, to contribute as largely as the Circumstances of the Province will permit, 
towards the Expence that must necessarily attend lids Service. 

Among other Things, which are concerted with Governor Shirley, two Forts are to be built 
at the Carrying-Place, towards Crown-Point, for Security of the Magazines and Stores, and of 
our Frontiers and Forces, on several Emergencies that may arise, and a Body of Men from the 
several Colonies, are (as soon as the Season will permit) to be encamped there, for the more 
secure and effectual carrying on of these Works, and other Services; and as no Directions are 
arrived from his Majesty, or his Ministers, for defraying the Expence of any Part of the 
Expedition against Canada; it is proposed, that the immediate Expence of these Services, be at 
the Charge of the several Colonies, who have levied Forces for the Expedition against Canada, 



964 Journal of the Legislative Council of New York. [ "$& ^ s s f 

according to the Rates and Quotas, which were agreed upon by the Gentlemen of the Council 
of this Province, who attended me at Albany, and the Commissioners of the Government of the 
Massachusetts-Bay, and presented to me at Albany ; as a reasonable Proposal, to be laid before 
the Legislatures of the several Colonies for their respective Approbation. 

Governor Shirley assures me, that he will promote this Service as much as it is in his Power 
As this tends more immediately to the Security and Safety of the People of this Province, I 
expect that you will set a good Example to the other Colonies, by your chearful Contribution 
towards the Expence of it; and this I must desire you to do, as speedily as possible; for I 
cannot so much as desire the Concurrence of the other Governments, till I am assured of yours ; 
I shall Order the Proposal of the Rates and Quotas, as it was delivered to me at Albany, to be 
laid before you. 

Gentlemen of the Council and General Assembly, 

I shall offer no other Business to your Consideration at this Time ; because the Nature of the 
Service, to which I desire your Assistance, requires the greatest Dispatch, and besides the 
Meeting of the Indians, which seems to me requisite to be without Delay ; the present State of 
the new Levies, and other Services, require my Presence at Albany, as soon as may be. 

This therefore, must be a short Session, but you shall meet again, as soon as these pressing 
Affairs will permit ; when you may have Time to consider whatever may be proper for the 
Good of the Province ; if any Thing else shall occur necessary for your present Consideration, 
besides what I have now laid before you, I shall communicate it to you by Message. 

G CLINTON. 
City of New York 25** March 1747 

Ordered, that his Excellency s Speech be forthwith Printed 

Then the Honourable Daniel Horsmanden Esq r moved that an humble Address be presented 
to his Excellency to return his Excellency Thanks for his Speech and to assure him that the 
Council will on all occasions exert their utmost endeavours for the advancement of his Majesty s 
service and the Welfare of the Province 

Which motion was unanimously agreed to and 

Ordered, that M r Kennedy M r Chief Justice M r Cortlandt and M r Horsmanden or any three of 
them be a Committee to prepare a Draft of said Address 

Then the Council adjourned till to morrow morning 11 o clock 



Thursday, the 26 * day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hono ble PHILIP CORTLANDT, Esq r , Speaker, 

DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned till Monday morning next 11 o clock 



Monday, tlie 30 A day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

Then the Council adjourned till to morrow morning 11 o clock 



1747.] The Hon. George Clinton, Esq: Governor. 965 

Tuesday, the 31 s day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hono 6 CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

M r Horsmanden from the Committee appointed to prepare the Draft of an Address to his 
Excellency Reported that the Committee had prepared the same accordingly which he laid 
before the Council 

And the same being Read was approved of and 

Ordered to be engrossed 

Then the Council adjourned till to morrow morning 10 o clock 



Wednesday, the 1" April, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The Deputy Secretary laid before the Council by his Excellency s Directions A Paper 
Entituled a " Computation made at a Conference with the Commissioners of the Province of 
" the Massachusets Bay of the number of Men and the Extraordinary expence for the Enterprize 
" to attack Crown Point Fort dated Albany 22 d 1746" and the Title thereof being Read 

Ordered, that the same lie on the Table for the consideration of the Council 

Then the Engrossed Address to his Excellency was read 

His Excellency the G-overnour having been pleased to send to the Council by the Deputy 
Secretary the paper abovementioned It was thereupon moved and 

On the Question being put It was accordingly 

Resolved, that the following words in the latter Paragraph of the Engrossed Address be struck 
out to wit " When your Excellency will also be favourably pleased to communicate to us the 
" measures which have been concerted with Governour Shirley, and what the Rates and Quotas 
" are which were agreed upon at Albany, they shall have their due weight For" as also the 
words " as on all other occasions as on this" be struck out and that the said latter Paragraph 
of the Engrossed Address be in these words " We beg leave to assure your Excellency we will 
" on all occasions exert our utmost endeavours for the advancement of his Majesty s service and 
" the welfare of the Province His Majesty s service and the welfare of the Province being the 
" invariable measure of our conduct 

Then the said Address was amended accordingly 

Ordered, that the Address as amended be engrossed 

Then the Council adjourned till to morrow morning 10 o clock 



966 Journal of the Legislative Council of New York. [ 2 ^ ,",?" 

Thursday, the second day of April, 1747. 
The Council met according to adjournment 
PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, Esq". 

The Speaker assumed the Chair 

The Engrossed Address as amended was presented read and approved of 

Ordered, that the Speaker sign the same 

Then the Speaker signed the same accordingly and 

Ordered, that the Honourable Philip Livingston and Archibald Kennedy Esq" wait on his 
Excellency to know when his Excellency will be pleased to be attended with the Councils 
Address 

The said Gentlemen being returned Reported that they had waited on his Excellency to know 
when he would be pleased to be attended with the Councils Address and that his Excellency 
was pleased to say immediately 

Then the Council adjourned to wait on his Excellency with the Address 

The Council being returned to the Council Chamber 

PRESENT as before 

The Speaker resumed the Chair 

Then the Speaker Reported that having waited on his Excellency and presented the Council s 
Address his Excellency was Pleased to return a favourable answer thereto 

And the same having been Read 

Ordered, that the said Address and Answer be printed and that they be entered in the Minutes 
which Address and Answer are in the words following. 

To his Excellency The Honourable GEORGE CLINTON Captain General and Governour in Chief 
of the Province of New York and the Territories thereon depending in America Vice Admiral 
of the same and Vice Admiral of the Red Squadron of his Majesty s Fleet 

The Humble ADDRESS of the Members of his Majesty s Council for the province 
of New York. 

May it please your Excellency 

We his Majesty s most Dutiful and loyal Subjects, the Members of the Council for the Province 
of New York return your Excellency our Thanks for your Speech 

Your Excellency having " retained the Mohawk Indians from hunting, that they may be ready 
" on any occasion for service, and having used your best endeavours among the other five nations, 
" to preserve them in the good Dispositions in which they were after your last Treaty with 
" them at Albany, and to have them in readiness upon every occasion in which they can be of 
" service" we hope will have the good effects that may be expected from them 

It cannot but occasion great uneasiness in us, to observe that our Indians employed in the 
barbarous method of scalping (only Justifiable by the precedent Practices of our Enemies) 
industriously avoid attacking, or meeting the French Indians or, when they meet, treat each 
other as Friends whereby they are encouraged in their cruel practice of butchering those who 
are not in arms, and even those who are unable to bear arms, Women and children : But we 
hope as your Excellency has secured the friendship of the Six Nations, you will be able to engage 
them against the French Indians, as well as against the French, for we humbly conceive it would 
tend much more to his Majesty s service and be of considerable security to the out settlements 
of these Colonies, if the Indians are prevailed upon to turn their savage way of warring against 
each other 

We acknowledge your Excellencys Favour in communicating to us that " Parties of Indians 
. " with some of the Inhabitants of this province are gone, and going out with design to intercept 
" any of the Enemy that may be abroad near our Frontiers, and to range the Woods in all 
" places where they may Expect to meet with any of the Enemy" 

We beg leave to assure your Excellency, we will on all occasions, exert our utmost endeavours 
for the advancement of his Majesty s service and the welfare of the Province. His Majesty s 
service and the welfare of the Province, being the invariable measure of our conduct. 

By order of the Council 

CADWALLADER GOLDEN Speaker 

City of New York 
Council Chamber 
3 d April 1747 



1747.] The Hon. George Clinton, Esq: Governor. 967 

His Excellency s ANSWER 

Gentlemen, 

I thank you for this address What difficulties I had to go through in order to engage the 
Six Nations heartily in the War, are well known. 

I have omitted nothing in my Power to engage them in the manner you desire; and I shall 
use all the means that shall be in my Power to employ them most effectually against the Enemy 

G. CLINTON 

New York 2 d April 1747 

Then the Council adjourned till Tuesday next 11 o clock in the morning 



Tuesday, the 7 A day of April, 1747. 
The Council met according to adjournment and "adjourned til to morrow morning 11 o clock 

Wednesday, the 8 A April, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Thursday, the 9" April, 1747. 
The Council met according to adjournment and adjourned til to morrow morning 11 o clock 

Friday, the 10 " April, 1747. 

The Council met according to adjournment and adjourned to 4 o clock P. M : and then met 
and adjourned til to morrow morning 11 o clock 

Saturday, the II th April, 1747. 
The Council met according to adjournment 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq" 

The Speaker assumed the Chair. 

A Message from the General Assembly by Coll Phillipse and M r Thomas with the Bill 
Entituled, " An Act for purchasing a further supply of Provisions for victualling the Forces 
" raised in this Colony on the Expedition against Canada for providing for the payment of one 
"hundred Hangers and other purposes therein mentioned" Desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second reading 

Raizures and Interlineations appearing in the said Bill 



968 Journal of the Legislative Council of New York 

Line 14 pa 2 The words (at Albany of) wrote on a Raisure 
23 The words (a Recognizance) 

2 pa 3 The words (sixty eight pounds) 



13 The word (Money) 

8 4 The words (for the) 

24 The words (for every such) 

22 8 The word [five) 



wrote on eraised Places 

Also an eraisure of two Lines in the last page 
pa 11. but nothing wrote thereon 



23 The word (five) 

24 The words (five) and (eighty five) 

Then the Council adjourned till Monday Morning 11 o cl 



Monday, the 13 4 April, 1747. 
The Council met according to adjournment 

PRESENT The Hono PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned til 4 o clock P. M. 



Monday, the 13 W April, 1747. P. M. 
The Council met according to adjournment 

PRESENT The Hono iu PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for Purchasing a further supply of Provisions for 
" victualling the Forces raised in this Colony on the Expedition against Canada for providing 
" for the payment of one hundred Rangers and other purposes therein mentioned" be now read 
the second time 

Then the said Bill was Read the second time and 

Ordered to be committed 

Then the Council adjourned till to morrow morning 10 o cl 



Tuesday, the 14 (A April, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Then the Council adjourned till to morrow morning 10 o clock 



1747.] The Hon. George Clinton, Esq : Governor. 969 

Wednesday, the 15 /A April 1747. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
PHILIP CORTLANDT, 
DANIEL HORSJIANDEN, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council resolved themselves into a Committee to consider of the Bill Entituled, " An Act 
" for purchasing a further supply of provisions for victualling the Forces raised in this Colony 
" on the Expedition against Canada, for providing for the payment of one hundred Rangers and 
" other purposes therein mentioned" 

The Committee having duly weighed and considered of the said Bill and being ready t 
make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono ble Daniel Horsmanden Esq r Chairman of the said Committee in his place reported 
that the Committee had gone through the said Bill and had directed him to Report it without 
amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered that the said Will (sic) be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble John Moore Esq r do acquaint the General Assembly that the Council 
have passed the suid Bill without amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Thursday, the 16 A April, 1747. 

The Council met according to adjournment, and adjourned till Saturday the 18 th Instant 
11 o clock 



Saturday, the 18 A April, 1747. 

The Council met according to adjournment and adjourned till Tuesday the 21 Instant 11 
o clock 



Tuesday, the 21" of April, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 10 o clock 

Wednesday, the 22 d April, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 10 o clock 

Thursday, the 23 d April, 1747. 

The Council met according to adjournment and adjourned till to morrow morning 10 o clock 
122 



970 Journal of the Legislative Council of New York. [ *$& ?; 

Fryday the 24$. April, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Saturday, the 25th April, 1747. 

The Council met according to adjournment and adjourned to Tuesday the 28 th Instant 11 
o clock 

Tuesday, the 28 * April, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 10 o clock 

Wednesday, the 29 * April, 1747. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PlIILIP CORTLANDT, 

DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from his Excellency the Governour by the Deputy Secretary to the Council 
requiring their attendance at the Council Chamber at his Excellency s Residence 

Then the Council adjourned to the Council Chamber accordingly Where being met 

His Excellency came to the Council Chamber and sent a Message to the General Assembly 
requiring the immediate attendance of that House 

And they attending accordingly with their Speaker 

His Excellency in the presence of the Council and the General Assembly gave his Assent to 
the Bill Entituled, " An Act for purchasing a further supply of Provisions for victualling the 
" Forces raised in this Colony on the Expedition against Canada, for providing for the payment 
" of one hundred Rangers and other purposes therein mentioned " 

After which the said Act was published in the usual manner 

The Council then returned to the Council Chamber in the City Hall 

(PRESENT as before) 

The Speaker resumed the Chair 

Then the Council adjourned till Saturday morning 11 o clock 



Saturday, the 2 d day of May, 1747. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned until Tuesday the 12 th Instant the Council therefore 
adjourned to y e same day 



1747.] The Hon. George Clinton, Esq: Governor. 971 

Tuesday, the 12th May, 1747. 
The Council met according to adjournment 

PRESENT The Hono ! le UADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned till Thursday the 14th Instant 11 o clock 

Thursday, the 14th of May, 1747. 
The Council met according to adjournment 

PRESENT The Hono le CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned till Tuesday the 19th Instant The Council therefore 
adjourned to the same day 

Tuesday, the 19th May, 1747. 
The Council met according to adjournment 

PRESENT The Hono bu CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The General Assembly adjourned until the 26th Instant The Council therefore adjourned to 
the same day 



Tuesday, the %&th day of May, 1747. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to the 2 d of June next The Council therefore 
adjourned to the same day 



972 Journal of the Legislative Council of New York. 

Tuesday, the 2 d day of June, 1747. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned till Thursday the 4th Instant 



Thursday, the 4Jh June, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Fryday, the 5th June, 1747. 

The Council met according to adjournment 

The General Assembly being adjourned to the 15th Instant 

The Council therefore adjourned to the same day 

Monday, the 15th June, 1747. 

The Council met according to adjournment 

The General Assembly being adjourned till Tuesday the 7th of July next 

The Council therefore adjourned to the same day 

Tuesday, the 1th July, 1747. 

The Council met according to adjournment 

The General Assembly being adjourned till the 14 lh Inst. 

The Council therefore adjourned to the same day 

Tuesday, the 14th July, 1747. 

The Council met according to adjournment 

The General Assembly being adjourned to the 21" Instant 

The Council therefore adjourned to the same day 

Tuesday, the 21" July, 1747. 

The Council met according to adjournment 

The General Assembly being adjourned till Thursday the 30th Instant 

The Council therefore adjourned to the same day 

Thursday, the SQth July, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 



1747.J The Hon. George Clinton, Esq: Governor. 973 

Fi-yday, the 31" July, 1747. 
The Council met according to adjournment and adjourned till Monday the 3 d August 

Monday, the 3 d August, 1747. 
The Council met according to adjournment and adjourned till Thursday the 6th Instant 

Thursday, the Qth August, 1747. 
The Council met according to adjournment and adjourned till Monday the 10th Instant 

Monday, the Wtk August, 1747. 
The Council met according to adjournment and adjourned till to morrow morning It o clock 

Tuesday, the \\th August, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Wednesday, the 12th August, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Thursday August the \3th, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o cl 

Fryday the l&h August, 1747. 
The Council met according to adjournment and adjourned till Monday morning 11 o clock 

Monday, the \.1th August, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Tuesday the 18th August, 1747. 
The Council met according to adjournment and adjourned till Monday next 11 6 clock 



974 Journal of the Legislative Council of New York. 

Thursday, the %0th day of August, 1747. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

M r Chief Justice De Lancey took Notice that having heard a Report that Colonel Roberts had 
ordered the Forces that were Posted above Albany to be removed to the east side of the River 
below the City of Albany Pie therefore moved that Major Edward Collins and M r Cornelia 
Cuyler who are lately come to the City from Albany might be ordered to attend at the Board 
and examine touching the said Report 

Which Motion was seconded by M r Livingston and 

On the Question being put was agreed to and approved of 

Ordered, that the Doorkeeper do give Notice to the said Edward Collins and Cornelis Cuyler 
to attend at 4 o clock this atternoon 

Then the Council adjourned till 4 o cl P. M. 



Thursday, the 20th day of August, 1747. P l Meridiem 
The Council met according to adjournment 

PRESENT The Hono 1 16 CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

Major Edward Collins attending according to order was called in and examined touching the 
late and present Disposition of the new Levies at Albany and Declared as follows 

That Coll Marshalls Battallion was posted at Coll Philip Schuyler s House and thereabouts 
which is between four and five miles distant from the City of Albany and on the same side of the 
River on which the City stands to wit the west side That Coll Roberts s Battallion was lately 
posted on the East side of Hudsons River at a place called Greeubush which is about one Mile 
below the City of Albany That Coll Marshalls Battallion hath been since removed to 
Green Bush to the Northward of M r Renselaers House at and about the Ferry there Except one 
Company of said Battallion which the Examinate hath been informed was left or posted at the 
Patroons Mills on the West Side of Hudsons River about a short Mile northward of Albany 
That at the Ferry the River is a little more than a third of a Mile wide That the Examinate 
when at Albany to witt on the third Instant in the evening received a Letter from Major Glen 
at Schenectady dated the third Instant informing him the day before a Whiteman and an 
Indian belonging to Capt" Broadhead s Company were killed and scalped about half way 
between Schenectady and Albany on the Road and that the next morning there went a party 
to Canistignyune and found killed there by the Enemy about fifty or sixty head of Cattle chiefly 
horses That the greatest part of the flesh of the Horses was cut off and taken away and that 
he concluded from thence the Enemy were very strong and perhaps an Army and that he 
thought himself obliged to acquaint the Examinate of it That on receiving this Letter the 
Examinate immediately sent the same to Coll Roberts by Lieutenant Morris, for his perusal 
and to desire an Alarm Gun might be Fired That M r Morris brought the said Letter again to 
the Examinate, and Acquainted him that the Coll did not seem inclined to have an Alarm Gun 
fired. That the Examinate then waited on Coll Roberts in order to prevail on him to fire an 
Alarm Gun and that Captain Campbell was with the Examinate That the Examinate told 
Coll Roberts he thought it very necessary an Alarm Gun should be fired and that it was usual 
on such occasions to have it done but that Coll Roberts did not think proper to give any 



1747.] The Hon. George Clinton, Esq: Governor. 975 

direction about it saying it might interfere with his orders and then Coll Roberts told Captain 
Campbell that at the firing of the first Gun he should make ready his Floats and at firing the 
second Gun he should embark the Men and bring them over That the Examinate never before 
heard of any such orders That the Examinate was afterwards pressed to fire an Alarm Gun by 
the Mayor and several of the principal Inhabitants of the City whom he met in going his 
rounds That the Examinate thereupon sent two of the principal people to Coll Roberts to 
desire him to fire an Alarm Gun, and to acquaint him that unless he ordered it to be done the 
Examinate would be obliged to do it himself, for that the Inhabitants were very pressing to 
have it done That M r Hansen one of the said two persons returned and informed the Examinate 
That the Coll said he the Examinate might do as he pleased or that he did not care what he did, 
or words to that purpose; upon which the Examinate ordered a Gun to be fired That the 
Examinate a few days after enquired of Cap John Renselaer the owner of the Lands at Greenbush 
whether he was at Greenbush the day the Alarm Gun was fired. That he told him he was That 
the Examinate asked him what number of Battoes he saw there at the River side ; That he 
answered, about six. That the Examinate asked him if he saw any preparation made to bring 
the people over to the City in case ofan Alarm; that he answered in the Negative That he also 
asked if he was at Greenbush the day after the Alarm Gun was fired that he answered yes and 
that he saw no preparations made And the Examinate saith that he was present and heard said 
John Renselar declare on oath before a Justice of peace the substance of the above answers 
made to this Examinate by the said John Renselaer The Examinate says That Coll Marshall s 
Battallion was removed not long after the Examinate received the aforesaid Letter from Major 
Glen That the Examinate hath heard Coll Marshall and Major Clarke say it was against their 
opinions that this Battallion was removed to the other side of the River That Coll Schuylers 
House at the Flatts is Stockaded and made defencible and will he believed contain one hundred 
men at least That he believes the Company posted at the Mills consists of sixty or seventy 
Men That there are not any Inhabitants or Forces posted above the Mills northward of Albany 
except at Saratoga That he believes there are about three hundred Men in the City of 
Albany able to bear Arms That it comes to each of the Inhabitants turn to watch once in 
four Nights That there are in the City eight blockhouses and one Guard house and that the 
Inhabitants are only capable of keeping Guard in five of the Blockhouses that the Inhabitants 
have had no aid or assistance from the New Levies to ease them of the burthen of Watching to 
the Examinates Knowledge or Remembrance except that the Examinate gave Capt Winne 
liberty to lodge his Men in one of the Blockhouses on Condition he would keep a Gentry there 
That this was sometime last summer and that he kept his men there eight or ten days That 
the Small Pox was in the Town of Albany last Winter and that the Meazles are there now 
That Coll" Marshalls Battallion in going over to Greenbush marched through the Town of 
Albany 

Ordered, that the Examinate and M r Cuyler do attend again to morrow morning 10 o clock 

Then the Council adjourned till to morrow morning 10 o clock 



Fryda.y, the 21 s August, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

Major Edward Collins attending again according to order was called in and further examined 
touching the late and present Disposition of the New Levies and declared as follows 

That the New Levies have done duty in the Fort in the City of Albany while his Excellency 
the Governor was last there and at other times both before and after That Cap 1 Diemer informed 
the Examinate that the day before Coll Marshalls Battallion went to Greenbush he saw on the 
East side of Hudsons River opposite to the Flatts two Indians which he imagined were French 
Indians and the Examinate says he is Town Major and Commandant of the Militia and Night 
Guards of the City of Albany and has acted as such near two years The Examinate says he is 
of opinion that the further end of the Patroons Pasture or the west side of the River above 
Albany about a mile and the other Lands adjacent thereto as also Coll Schuylers Lands where 
the Forces were lately posted are all of them places more convenient for the Forces to be 
encamped on than the places of their present Encampment and that he thinks it is more 
practicable for the men to desert from their present Quarters than from either of the three above 
mentioned Places 

ED : COLLINS. 



976 Journal of the Legislative Council of New York 

Edward Collins the aforegoing Examinate then made oath that his Examinations taken in 
Council yesterday and this day are true to the best of his knowledge and belief. 

Cornells Cuyler attending according to order was called in and examined touching the late 
and present Disposition of the New Levies aud declared as follows, viz 1 

That Coll Robert s Battallion was lately and is now posted at Greenbush and Coll Marshall s 
Battallion was lately posted at the Flats about five miles above Albany That Colonel Marshall s 
Battallion was removed to Greenbush yesterday was a week since except one Company of said 
Battallion which the Examinate hath been informed and believes was left at the Patroons Mills 
and that the said Company consists he thinks of seventy or eighty men That the Examinate 
believes that Hudsons River at the Ferry is about five hundred yards wide That the Examinate 
about 10 o clock in the evening of the third Instant received a Letter from Major Glen of 
Schenectady of that days date giving an account that they had advice that the Enemy had killed 
about sixty bead of Cattle at Nestagayune and had taken away as well the Flesh of the Horses 
as that of the Cows and that the People of Schenectady were of opinion they were an army 
The Examinate says that Nestagayune is scituated about ten miles to the northward of Albany 
on the west side of Hudsons River on the south side of the Mohawk River and about six miles 
from the Town of Schenectady And the Examinate says that on the contents of the 
abovementioned Letter being made publick the People were very pressing a Gun should be fired 
to alarm the Inhabitants that were out of the Ciiy and to give Notice to the Wood Rangers 
who were on the scout towards Canestagayune That including the most antientMen in the City 
of Albany he believes there are about three hundred able to bear arms That there are not any 
Inhabitants Northward of Albany above the Mills nor any Troops except those posted at 
Saraghtoga ; that the Inhabitants of the City of Albany watch every fourth Night and that they 
have had no aid or assistance from the New Levies to ease them of the burthen of watching 
that the Examinate knows of 

Ordered, that the Examinate attend again at 4 o cl P M 
[ Then the Council adjourned till 4 o clock P: M: 



Fryclay, the 21 s day of August, 1747 P. M 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
JAMES DELANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

M r Cuyler attending again according to order was further examined touching the late and 
present Disposition of the New Levies and Declared as follows 

That M rs Schuyler came to the Examinate s house on Tuesday the 11 th Instant about 8 o clock 
in the Evening and told the Examinate that Major Clarke had been with her just before and 
acquainted her that the Forces then posted at the Flatts were to be removed to Green Bush on 
the Thursday Morning following and advised her to take care of her effects That the Examinate 
the next day went to Coll Roberts at the request of M rs Schuyler and desired him to let a 
Company remain at the Flatts some time til she could remove her effects and that the Examinate 
used all the arguments he could to induce Coll Roberts to encamp the Forces together at the Flatts 
or at the Patroons Pasture and told him that the People of Albany were very uneasy on hearing 
that he intended to encamp the Forces below the City and that Major Clarke who was then 
present Declared he was of opinion the Flatts was a good Place and better than Green Bush 
because it was High and Dry and that Coll Marshall who was also then present Declared 
himself to be of the same opinion That Coll Roberts then told the Examinate that he had 
orders to encamp the Forces together and that he intended to encamp them at Green Bush at the 
request of his Officers because it would keep them together better and more from the Town 
than if they were at the Mills The Examinate says that during the time the Small Pox was in 
the City of Albany the new Levies came into the Town as usual 

CORNELIS CUYLER 

The said Cornells Cuyler then made oath that the contents of his Examinations taken in 
Council this day are true to the best of his knowledge and belief 

M 1 Chief Justice De Lancey then moved That an humble address be presented to his 
Excellency That he would be pleased to order the New Levies to be removed from the place of 
their present Encampment to some place to the Northward of the City of Albany where they 



1747.] The Hon. George Clinton, Esq: Governor. 977 

may be able to oppose the Enemy s March to the said City and more conveniently situated to 
succour Schenectady and Saraghtoga and that his Excellency would be pleased to order part of 
the Levies to be posted in the City of Albany to do duty there to ease the Inhabitants of the 
burthen of Watching until the Forces should be employed upon some Expedition 

Which motion on the Question being put was agreed to and approved of 

And then M r Chief (sic) De Lancey further moved that a -committee should be appointed 
to prepare the Draught of the said Address 

Ordered thereupon that the Hono ble James De Lancey, Daniel Horsmanden and Joseph Murray 
Esq be a Committee for that purpose 

Then the Council adjourned till Monday Morning next 11 o clock 



Monday the 24 * day of August, 1747. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

M r Horsmanden from the Committee appointed by order of the 21 st Instant to prepare the 
Draft of an humble Address to his Excellency Reported that the Committee had prepared a 
Draft of the same Address which he Read and then laid the same before the Board where the 
same was again Read and 

On the Question being put agreed to and approved of and 

Ordered to be Engrossed 

The Engrossed Address to his Excellency was read and approved and 

Ordered to be signed by the Speaker 

Then the Speaker signed the said Address and the same was 

Ordered to be Entered in the Minutes and is as follows 

To his Excellency The Honourable GEORGE CLINTON Esq r Captain General and Governour in 
Chief of the province of New York and Territories thereon depending in America Vice Admiral 
of the same and Vice Admiral of the Red Squdron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council of the said Province 

May it please your Excellency 

We his Majesty s most dutifull and Loyal subjects, the members of his Majesty s Council for 
the province of New York, beg leave to lay before your Excellency the present dangerous 
state we apprehend the City of Albany to be in 

Your Excellency cannot but be sensible, that the preservation of the County of Albany, and 
of great part of this Province, the Fidelity of the Indian Nations (and we may add) in its 
consequences the security of great part of the Neighbouring Provinces, does chiefly depend 
upon the preservation of that City : We were thereiore deeply affected with the late accounts 
received from thence, that the New Levies which had been posted to the Northward of the City 
of Albany, had been all withdrawn from thence, (except one Company of about 70 or SO men 
left at the Mills, a short miles distance from Albany) and encamped at Greenbush below 
the City and on the opposite side of the River. Greatly alarmed at this Report and being 
informed that M r Collins Town Major of Albany, and M r Cuyler late Mayor of that City, were 
in this Town ; We sent for and examined them upon their oaths, and they confirmed the truth 
of this Report. As this step appeared to us to be of Dangerous consequence to his Majesty s 
service, as so evidently to hazard the loss of the City of Albany, We thought we could not 
discharge the duty we owe to his Majesty, and to our Country, if on this occasion we should 
be any Longer silent 

We are therefore constrained by the dangers we apprehend our selves exposed to, to have 
recourse to your Excellency, & to lay before you some facts, such as either consist with our own 
knowledge, or we received upon the oaths of the Gentlemen we examined 

The City of Albany is scituated on the west side of Hudsons River ; the Town of Schonectady 
is also on the same side of that River, at about sixteen miles distance ; the Fort at Saraghtoga 
is at about thirty six miles distance, to the Northward of Albany : Greenbush, where the Levies- 
are Encamped, is on the East side of Hudsons River, at about a miles distance below Albany, 

123 



978 Journal of the Legislative Council of Nwo York. [ 2 ^ **- 

where the River is about the third part of a mile wide, and not fordable, being of depth sufficient 
for large vessells 

Upon these facts we must observe to your Excellency, that the Levies Encamped at Greenbush, 
cannot march to the assistance of Albany or Schonectady, or to the Relief of Saraghtoga Fort, 
without first crossing the River below Albany and should the Enemy make any attempt upon 
Albany or Schonectady, we must leave it to your Excellency s own reflection to consider what 
delays and confusion would attend the passage of Troops, not very orderly and many of them 
scarce half Disciplined ; and how far such an unnecessary delay would hazard the loss of those 
places, should they be suddenly attacked ; and since the Levies are Encamped on the East side 
of Hudsons River (except that handful I at the Mills) and there are no Inhabitants to the 
Northward, all that part of the Country being lost, except the Fort at Saraghtoga ; What is 
there to hinder or molest the French and their Indians from coming with the greatest confidence 
and security near the City of Albany, and watching an opportunity to surprize it 

It was with great concern and grief that we heard of the distressed and deplorable 
circumstances of the Inhabitants of the City of Albany : The whole number of men able to 
bear arms, even including the greyheads of seventy and upwards, does not exceed three hundred ; 
they are obliged to do duty on the Guard every fourth night, sometimes oftener, without 
distinction of age or persons ; so that even the Judge of the Court of Common pleas for the 
County, a very ancient man, is obliged to take his turn ; and y^ t notwithstanding this great 
fatigue upon the Inhabitants, they have had no assistance or ease from the New Levies 

We beg leave to acquaint your Excellency, that we are justly apprehehenaive that these 
difficultys & discouragements may induce such of them as can support themselves elsewhere to 
leave the City, and thereby render it weaker and more exposed to danger and ruin 

Sir. At tliis distance from his most sacred Majesty, we cannot lay before him for immediate 
Relief the Deplorable circumstances of our Country : from whose paternal care of all his faithfull 
subjects, (and such with truth we may call our selves from our known Loyalty to his Majesty & 
affection to his Illustrious House) We could not fail of assistance 

At this distance therefore we apply to your Excellency, & we flatter our selves that upon the 
few considerations which we have laid before you, and the reflections which your own Judgment 
may suggest to you ; your Excellency will be pleased to give your orders for posting such a 
number of the New Levies (until his Majesty shall dispose of them otherwise) to the Northward 
of the City of Albany in such places as your Excellency shall think most convenient for its 
protection and security, and to keep the Enemy at a greater distance : and we pray the God 
of Heaven to touch your Excellencys heart with compassion to the distressed Inhabitants of 
the City of Albany, that by posting some of the Levies in that City, the Inhabitants may be 
partly eased of the heavy duty they undergo, and be induced to continue in the City for its 
strength and defence ; and we are humbly of opinion that those Coinpanys of Levies, which 
were raised in and about the City, would be most proper for that purpose 

By order of the Council 

PH. LIVINGSTON Speaker 

Council Chamber City of New York August the 24 1747 

Ordered, that the Hono ble Daniel Horsmanden and John Moore Esq do w y ait on his Excellency 
to know when he will be pleased to be attended with the Councils Address 

The said Gentlemen being returned Reported that they had waited on his Excellency to know 
when he would be pleased to be attended with the Councils Address and that his Excellency 
was pleased to appoint to morrow morning at 11 of the clock 



Tuesday, the 25th day of August, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle PHILIP LIVINGSTON, Esq r , Speaker, 

JAMES DELANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

The Council adjourned to wait on his Excellency with their Address 



1747.] The Hon. George Clinton, Esq : Governor. 979 

The Council being returned 

PKESENT as before 

The Speaker Reported that having waited on his Excellency with the Address of the Council 
and Read and presented the same to him His Excellency was pleased to return an answer thereto 
which he laid before the Board and the same being read was 

Ordered to be Entred in the Minutes and is as follows 

Gentlemen, 

I did expect you would have communicated to me the subject matter of this address before 
it was presented At present I can give no other particular answer than the security and ease 
of the people of this Province has been my constant care and you may depend upon my taking 
every thing relating to this Address into my serious consideration 

G. CLINTOJJ 

Then the Council adjourned till Thursday morning 11 o clock 



llmrsday, the 21tk day of August, 1747. 
The Council met according to adjournment 

PRESENT The Hono We CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCET, 
DANIEL HORSJIANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Col Schuyler and M r Thomas with the Entituled, 
"An Act further to continue An Act Entituled, An Act to prevent Desertion of his Majestys 
" Forces in this Colony " desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Cornell and M r Verplank with the Bill Entituled, 
" An Act to prevent private Lotteries within this Colony " desiring the concurrence of the 
Council thereto 

A Message from the General Assembly by Col Chambers and Col Lot with a Bill Entituled, 
" An Act further to continue An Act Entituled, An Act for Regulating the Militia of this 
Colony " desiring the concurrence of the Council thereto 

Ordered, that the said three Bills be now read 

Then the said three Bills were read the first time and 

Ordered a second Reading 

M r Chief Justice De Lancey moved that the Address of the Council to his Excellency and his 
Excellency s Answer thereto should be printed 

Which motion on the Question being put was carried in the affirmative 

Ordered that the same address and answer be printed accordingly 

Then the Council adjourned till Tuesday Morning 11 o clock 



Tuesday, tlte I st of September, 1747. 
The Council met according to adjournment 

PRESENT The Hono ble PHILIP LIVINGSTON, Esq r , Speaker 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
DANIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, 
STEPHEN BAYARD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Captain Richard and Colonel Lott with the Bill 
Entituled, " An Act for appointing Commissioners to take examine and state the publick 



980 Journal ot tlie Legislative Council of New York. 

" accompts of the Colony of New York from the year one thousand seven hundred and thirteen" 
desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second reading 

Ordered, that the Bill Entituled, An Act further to continue An Act Entituled, An Act 
" to prevent Desertion of his Majestys Troops in this Colony" The Bill Entituled, " An Act 
" to prevent Private Lotteries within this Colony " and The Bill Entituled, " An Act further to 
" continue An Act Entituled, An Act for regulating the Militia of this Colony " be now read 
the second time 

Then the said three Bills were read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Committee to consider of the said three Bills and 
having duly weighed and considered of the said Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Honourable Daniel Horsmanden Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said three Bills and had directed him to 
Report them without Amendment 

Which Report, on the Question being put, was agreed to and approved of. And the said 
three Bills 

Ordered a third reading 

Then the Council adjourned till Thursday morning 11 o clock 



Thursday, the 3 d day of /September, 1747. 
The Council met according to adjournment and adjourned till Tuesday morning 11 o clock 

Tuesday, the 8 th day of September, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Wednesday, the 9 A day of September, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Thursday, the Wtk day of September, 1747. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
DAXIEL HORSMANDEN, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Clarkson and Colonel Schuyler with the Bill 
Entituled, "An Act for the more effectual cancelling the Bills of Credit of this Colony " 
desiring the Concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was Read the First time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act for appointing Commissioners to take Examine and 
State the publick accounts of the Colony of New York from the year one thousand seven 
hundred and thirteen be now read the second time & 

Ordered to be committed 



1747.] The Hon. George Clinton, Esq: Governor. 981 

Ordered, that the Bill Entituled, "An Act further to continue An Act Entituled, An Act to 
"prevent Desertion of his Majestys Forces in this Colony" The Bill Entituled, "An Act 
" to prevent private Lotteries in this Colony " and the Bill Entituled, "An Act further to 
" continue An Act Entituled, An Act for Regulating the Militia of this Colony" be now Read 
the third Time 

Then the said three Bills were Read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass 

Ordered, that the Hono ble John Moore Esq r do wait on th e General Assembly and acquaint 
them that the Council have passed the said three Bills without amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Fryday, the l\th day of September, 1747. 
The Council met according to adjournment and adjourned till Tuesday the 15th Instant 

Tuesday, the 15th day of September, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Wednesday, the IQth day of September, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

1 hursday, the \lth day of September, 1747. 
The Council met according to adjournment and adjourned till to morrow morning 11 o clock 

Fryday, the 18$, day of September, 1747. 
The Council met according to adjournment and adjourned till Tuesday next 11 o clock 

Tuesday, the 22 d day of September, 1747. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 
PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, 
STEPHEN BAYARD, Esq". 

The Speaker assumed the Chair 

A Message from his Excellency the Governour by the Deputy Secretary to the Council 
requiring their attendance at the Council Chamber at his Excellencys Residence 

Then the Council adjourned to the Council Chamber accordingly Where being met 

His Excellency came to the Council Chamber and sent a Message to the General Assembly 
requiring the immediate attendance of that House 

And they attending accordingly with their Speaker 



982 Journal of the Legislative Council of New York [ 

His Excellency in presence of the Council and General Assembly gave his assent to the two 
following Bills viz 1 To 

The Bill Entituled, " An Act further to continue An Act for regulating the Militia of this 
Colony " and to 

The Bill Entituled, " An Act further to continue An Act Entituled, An Act to prevent 
" Desertion of his Mnjestys Forces in this Colony " 

After which the said Acts were published in the usual manner 

Then his Excellency was pleased to Prorogue the General Assembly to Tuesday the twenty 
ninth of this Instant September 



TWENTY-FOURTH ASSEMBLY SIXTH SESSION. 



PROVINCE OF NEW YORK. 

At a Session of Ids Majestys Council and General Assembly of the Colony of New 
York, Begun at the City Hall of the City of New York, on Tuesday, the 29t7i day of 
September, 1747. 

The General Assembly standing Prorogued to this Day 
The Council met accordingly 

PRESENT The Hono 1 16 CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP COURTLANDT, 
JOSEPH MURRAY, 
JOHN MOORE, 

JOHN RUTHERFORD, Esq. 



The Speaker assumed the Chair 

Then the Council adjourned till to morrow morning 11 o clock 



Wednesday, the 30 A day of Sep T , 1747. 

The Council met according to adjournment and adjourned till Tuesday the 6th of October 
1747 



Tuesday, the th day of October, 1747. 
The Council met according to adjournment 

PRESENT The Ho?w Ue CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
PHILIP CORTLANDT, 
JOSEPH MURRAY, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from his Excellency the Governour to the Council by the Deputy Secretary which 
being Read was 

Ordered to be Entered in the Minutes and is as follows 



1747.] The Hon. George Clinton, Esq : Governor. 983 

Gentlemen of the Council, 

I Now lay before you, an Agreement entered into by the Commissioners of this Province, of 
Massachusetts-Bay and Connecticut, wherein your assistance is necessary, so far, as relates to the 
Supplies to be granted, for defraying that charge of the Expence, which this Province is to 
undertake. 

You will see by that Agreement, that this Province is to have a certain Number of Men in 
Readiness for Action, by a Day limited in that Agreement ; you are to grant the necessary 
Supplies for raising and paying them, and all other incidental Charges, that must accrue on the 
Plan concerted by those Commissioners; except Guns, Ammunition, Battoes, Tents, and other 
Utensils, which I have prepared at the Expence of the Crown, and now remain fit for Service, 
and which I told the Commissioners, shall be reserved for that Purpose. 

But you will observe by that Agreement, that nothing is concerted for the Security of the 
Frontiers of this Province, or for the Safety of the Inhabitants thereof, though the doing of this, 
was recommended by me, to the Commissioners of this Province, in the strongest Terms I could 
conceive ; it remains then with you, to take Care of your Constituents, by granting the Supplies 
necessary for that End. 

Neither have the Commissioners concerted any Method for preserving the Indians in the good 
Disposition they now are in, and which, I think, of the greatest Consequence to the Safety of 
the People. Before my Treaty with the six Nations last Year, they were so far from being 
hearty in entering into the War against the French, that the greatest Number of them were in 
the French Interest ; they had frequent Treaties with the Governor of Canada, and some of 
them had actually joined in the War against us; they have since that given evident Proofs of 
an Alteration of thier Disposition in our Favour; such Proofs as will not admit of any Dispute, 
of their being heartily engaged in our Interest, and willing to hazard their Lives with us in any 
Enterprize against our common Enemy. At the same Time, we have too much Reason to fear, 
that the many Disappointments the Indians have met with, in the Hopes given them of attacking 
Canada, both by Sea and Land (and which have failed by Incidents not in our Power to prevent) 
may occasion many Distrusts and Jealousies among them, and which may prove highly prejudicial 
to the People of this Province, and favourable to a cruel and merciless Enemy, to whom the 
Frontiers of this Province, for a large Extent of Country to the Westward, as well as Northward, 
are too evidently exposed ; and which, without the Assistance of the six United Nations, cannot 
so easily, and with so much Security, be defended. 

I have, at a very great Expence to the Crown, recovered the Affections of the six United 
Indian Nations, and hitherto preserved them in their Fidelity ; I have, likewise induced them to 
be assiduous in drawing in their Allies and Dependants into the same good Dispositions with 
themselves, and who, consist of numerous Nations, and who can be of the greatest Service in 
distressing the Enemy ; but I can and will no longer continue this Charge on the Crown, 
The preserving the Fidelity of the Indians, can in the Expence occasioned thereby, bear but 
a small Proportion to the Charge of recovering, and hitherto preserving their Affections 
and Fidelity, and of keeping them always in Readiness, and Parties in Action ; and therefore, I 
cannot doubt, of your contributing on your Part, to so small a Proportion, as is necessary at this 
Time, for the Safety and Security of the People of this Province, and who, I am well assured, 
will chearfully bear any Tax or Imposition, that is so expedient for their own Safety. 
When it is considered what a Load of Taxes and Impositions, the People of Great-Britain 
chearfully bear, for the Preservation of the Liberties of Europe, it cannot be expected, that they 
will bear with Patience the Refusal of their Colonies, to take upon themselves that Expence, 
which is necessary for their own Safety, especially, when what may be saved from Superfluities, 
will be more than sufficient for all the Means proposed for this Purpose. 

The S> j curing the Garrison at Oswego, on all Events, is a Matter of the greatest Consequence, 
for preserving the Fidelity of the Indians, and deserves your serious Consideration, in order to 
give the necessary Supplies for that Purpose; and unless you likewise secure the Indians, by 
building Forts, one at least in every Nation, they must be wavering in their Resolutions ; since, 
if this be neglected, they may suspect, that we have no Regard to their Safety, but only to 
employ them for our own benefit. 

At the same time, I shall with great Pleasure think of, and concur in every Method, to make 
this necessary Expence as easy as possible to all, but especially to those who are least able to 
bear it; I mean, the labouring and industrious Part of the Inhabitants; with this View of 
saving Expence, I propose to you, to take the Forces levied on the Expedition intended against 
Canada, into the Pay of this Province, with Provisions, on the same Footing they would have 
been, had they continued in the King s Pay; considering how far the Number of Men in these 
Forces, and now in the County of Albany, is lessened by Death arid Desertion, the whole will not 
amount to more than the Number of Men, which by the Agreement now laid before you will 
be requisite in a little Time to be levied in this Province, for the Purposes mentioned in that 
Agreement ; without taking this Method, it may be a Question, whether the necessary Levies 
can be made when immediately wanted, and if they can be made, yet in all Probability the 
Expence of doing it, will be greater than the Charge of continuing these Troops in Pay for the 
Time proposed ; at the same Time I must tell you, that unless this Method be taken for 



984 Journal of the Legislative Council of Neio York. [ ^S?/ 

continuing the Forces at Albany, the Frontiers must this Winter be deprived of that Defence, 
which they may have by continuing them, and in that Case, I know of no Method to secure 
the Frontiers, but by making large Detachments of the Militia, from the several Counties of the 
Province for that Service, and it must be done, if you do not agree to the other Method, 
notwithstanding that I think it will be every way more chargeable and burthensome to all the 
Inhabitants, and less effectual; in Order to lessen the Expence of keeping up the new Levies, 
I shall reduce the Number of Companies so that the Number of Men in each Company, be 
brought up to that of their first Establishment, and when that is done, the whole of what then 
can remain, will be no more than what is expedient for the Defence of the Frontiers. 

Though I think it absolutely necessary, for you at this Time, to take the whole Charge of the 
Indians, as well as of securing the Frontiers upon yourselves, I shall Use my best Endeavours 
by such Application, as I shall think most effectual, to persuade the Colonies to the Southward, 
as far as Virginia, to contribute a reasonable Proportion towards the Encouragement and Support 
of the Indians, and defence of the Frontiers, as well as in joining in any Enterprize against the 
Enemy, which shall be thought proper ; or if they cannot be thus persuaded, I shall use my 
best Endeavours to obtain such royal Injunctions, as shall be effectual for that Purpose. 

As to your taking upon you at this Time, the whole necessary Expence of the Indians, I 
must inform you, that at my last Treaty with the six united Nations, the Governments of 
Virginia, and of the Massachusetts-Bay, sent considerable Presents to the Indians; the 
Massachusetts-Bay, have since that, sent Presents to the Value at least of One Thousand 
Pounds, New- York Currency; and Connecticut, about Three Hundred Pounds Value, in the 
same Money. This Government gave no Presents at that Treaty, nor have they at any Time 
since, been at any Expence on Account of the Indians, and therefore, you have now the more 
Eeason to advance what is absolutely necessary for your own Safety, for some Time, till the 
neighbouring Colonies be bro t to contribute their just Proportion of that Expence. 

There is nothing in my Power, which I will not chearfully do, for the Welfare of this Province, 
and Safety of the People his Majesty has committed to my Care; I have given as strong Proofs 
of this, as any Governor ever did before me : I shall likewise use my Endeavours, that whatever 
you may give for these Ends, shall be as frugally managed as possible, and that all Satisfaction 
be given you for that Purpose, either by Accounts or otherwise, so far as can be desired. 

You will see by the Agreement herewith sent you, that the Approbation of the several 
Governments, must be transmitted to the others as soon as possible. The Season of the Year 
makes it necessary to provide immediately for the Cloathing of the Forces at Albany, if they 
are to be continued there at your Expence 

If I be not enabled to send an Account to M r Shirley, and M r Knowles, of your Resolutions, in 
Eespect to the retaining the Forces at Albany, speedily, perhaps it may come too late, or be a 
Prejudice to his Majesty s Service in other parts. 

The Sachems of the six Indian Nations, and others, who came down with Col. Johnson, 
(whose Name I cannot mention without grateful Remembrance of the Services he has done his 
Country) now wait for your Resolutions, and my Answer thereon ; and though they are impatient 
to be gone, I cannot suffer them to go, without giving them Encouragement, by proper Presents 
and Assurances, in order to dispel any Jealousies they may have conceived by Reason of their 
Disappointment in the Expeditions having been so long delayed ; and I cannot give these 
Assurances, till I know your Resolution of supporting the necessary Expence that attends the 
reserving the Friendship of the Indians. 

The Sachems say, they will not stay beyond two Days; and if they go away discontented, 
I know not of what bad Consequence it may be, and surely it can produce no Good : These 
Things altogether make it necessary for you to resolve speedily, and therefore I shall lay nothing 
before you at this Time, till I know your Resolutions thereon ; and I must require your speedy 
Answer on the several Heads now recommended to you. I shall order some other Papers to be 
laid before you, for your better Information in these Matters. 

G. CLINTON. 

City of New York October 6 th 1747 

The Deputy Secretary also laid before the Council a Report of the Commissioners of the 
Province of New York, Massachusetts Bay & Connecticut which being Read was 
Ordered to be Entered in the Minutes & is as follows 

AT A MEETING of the Commissioners of the Several Governments of the Massachusetts Bay, 
New York and Connecticut, at the City of New York in order to concert and agree upon 
some general measures, for carrying on the war against the Common Enemy & for y* 
mutual Defence and Security of his Majesties British Provinces & Colonies, on this conti 
nent in North America; It is judged after mature Consideration had of the present 
distressing circumstances of these three Colonies, and thereupon the said Commissioners 
agree to Report to their Respective Constituents that they are unanimously of opinion. 

1 That an Expedition be formed and carried on against the French Fort at Crown point, for 
the Reduction of that Fortress 



1747.] The Hon. George Clinton, Esq : Governor. 985 

2 That it will be necessary that four thousand Men (officers included) be raised (with as 
many of the Six Nations of Indians and their allies as can be obtained) to carry on the said 
Expedition, and that it will be necessary those Troops be at Albany by the fifteenth of April 
next, ready to march for the aforesaid purpose 

3 That as the engageing the Six Nations and their allies, in this and other services against 
the Common Enemy, is of great importance to the British Governments, it is judged necessary, 
that such of the Indians as shall engage in the said Expedition, & go into the service, be equipt 
each with necessarys to the value of five pounds New York Currency, and be assured of a 
present of the like value on their return in case of success. 

4 That as a further means of securing and engaging the said Indians in the service of the 
English, and to prevent their being seduced to Revolt to the French, it is agreed that it be 
proposed to each of the said Governments, that a Gunsmith be sent to each of the Tribes 
following viz the Oneidas, Onondagas, Cayugas & Senecas, and two Men with each Gunsmith, 
to continue with- them until the next Spring; and that the said persons be instructed to be as 
obliging as may be to the Indians, with whom they live and converse, and do all in their power 
to establish and increase the Interest of the English with them, and from time to time advise 
the Governments of any thing that they shall observe necessary, or that the Indians may want 
or desire to be done for that purpose ; and that there be purchased suitable Goods, to the value 
of three hundred and sixty pounds New York Currency, to be put into the hands of said 
Smiths, (or of one of the men that go with them respectively) to be given to the several 
Nations aforesaid, (except sixty pounds thereof to be put into the hands of some suitable person 
for the Mohawks) to be distributed as follows Viz one hundred & twenty pounds to the Senecas, 
sixty pounds to the Oneyades & Tuscaroras, sixty pounds to the Cayugas, and sixty pounds to 
the Onondagas, and that the several persons render an account upon oath of the disposition of 
the said Goods, to the respective Governments; and that the Charges of the said Smiths and 
others attending them, as also the said three hundred and sixty pounds, be born and paid in the 
proportion following Viz The Massachusets Bay nine twentieth parts; New York eight 
twentieths; and Connecticut three twentieths; But these proportions not to be drawn into 
precedent upon any other occasion hereafter 

5 That (besides what Governour Clinton has assured the Commissioners shall be supplied 
Gratis, of the Battoes, Cannon, and Warlike Stores & implements, in the province of New York, 
provided at his Majestys Expence) the General and common Expence necessary for y e engaging 
and Rewarding the Indians, paying the Officers of the Train of Artillery, and for the common 
store of Shot, Gunpowder, and other Military preparations necessary for the common service, 
be provided by & at the charge of the Governments engaging in this service, and that the 
proportions and Quotas of the Governments for these services, as well as the keeping and 
supporting the Garrison (if reduced) until his Majestys pleasure be known, be as above mentioned 
and that whatsoever part or proportion, either of Men or money, any other Governments shall 
undertake to bear and furnish shall lessen the parts of these three Governments, according to the 
aforesaid Proportion ; and that the Legislatures of each Government, engaging in this Enterprize; 
raise, equip, provide for, subsist and pay their own Troops, as also appoint commissaries to take 
care of their own stores; saving, that the Government of New York be not obliged to raise 
above twelve hundred Men, the Massachusets Commissioners agreeing to propose to their 
constituents, to raise four hundred Men, to compleat the proportion of New York The Officers 
to be Commissioned by the Governour .of the said Governm undertaking to provide the same, 
and both Officers and Soldiers of said four hundred Men, to receive the same bounty, wages, 
subsistance and every other thing from the Government of New York, which shall be given or 
paid by the said Government of New York, to a like proportion of the twelve hundred Men, 
they shall raise for said Expedition 

G That the Governours of the Massachusets Bay, New York & Connecticut be desired to 
appoint and Cominissionate the three General Officers for the said Expedition 

7 That each Government appoint a Committee of one or more persons to meet at Midletown 
in Connecticut on the eleventh day of December next, or as soon after as may be, in order to 
determine & ascertain the particulars necessary to be provided at the common charge of the 
Governments, and also to agree what particular sorts or species of the s d particulars eacli 
Government shall undertake to provide, having regard to said Proportion 

8 That the Commissioners here present, having made Report to their respective constituents, 
of what measures are hereby agreed upon ; the Governours of the Massachusets Buy, New 
York, and Connecticut, be desired by the respective Assemblys of these Governments, to apply 
to the Governours of the several other Provinces and Colonys from Virginia to New Hampshire 
inclusive, to recommend it to their several Assemblys, fully to join, according and in proportion 
to their abilities in this comon undertaking against his Majesty s Enemies, and to unite with 
these Governments in the mutual defence, and security of his Majesty s Colonies on y* Continent 
in North America, and particularly desiring them, to send their Committee to meet at Middletown 
afors d to engnge in this undertaking, and to agree upon what part they respectively will provide 
of Men, Money & Common Stores, necessary for the engaging and encouraging the Indians, 
and for the carrying on the s d Expedition; also requesting as speedy an answer as may be to 

124 



986 Journal of the Legislative Council of New York. [ 



24th Anaem. 
6th Sess n. 



the Governours of these Governments respectively, of what their several Governments will 
undertake in this important Enterprize 

9 That in the mean time, while the preparations are making for the proposed Expedition, 
application be made to his Majesty by the Legislature of each of these Governments, for such 
a Naval force as may be sufficient to go up the River S Lawrence, and either divert or subdue 
that part of the Country ; and in case of an assuarance of a sufficiency to command the River 
and attack the Fortresses there, and that it be his Majesty s pleasure the Expedition be carried 
on against Canada; that then the preparations and necessarys designed more immediately for 
an Expedition against Crown point, be employed and carried on against Canada, for the Reduc 
tion of the same; with such additional forces as can be raised: and in that case, that application 
at the same time be made as afors d , that the Quotas of the several Governments be settled, and 
that those that are deficient be enjoined to furnish the same. 

10 That in case the other Governments, who have not sent their Comiss to this meeting to 
concert measures for the common good of his Majesty s Subjects, shall after application made 
to them as before proposed and Notice of these conclusions, and approbation thereof by these 
Governments, shall neglect or refuse to join them in these important affairs, for the mutual 
defence and security of his Majesty s Subjects and Interests ; that then application be made as 
afores d for the Royal Injunctions, to be laid on the several deficient Governments to furnish and 
provide their proportions and Quotas of Men and Money necessary for the future general defence 
and security of his Majesty s Colonies and for the carrying on any proper scheme for the annoy 
ance of the Common Enemy. 

11 That in case the proposed Expedition against Crown point only go forward, and no Ships 
of War are sent by his Majesty to go up the River S Lawrence for the purpose afores d , then 
a diversion be made up s d River with what Vessells can be obtained from the several Govern 
ments, at the charge of s d Governments, and in conjunction with such of his Majesty s Ships of 
War as can be procured at Louisburgh or elsewhere, and that a diversion by Land be made by 
the direction and under the conduct of y e General Officers by such of the Forces of Christians 
and Indians, as shall by s d Officers on proper encouragement be sent out for that purpose. 

12 That the Vessells Goods Stores and other things sent, or that shall go through any part 
of the Government of New York, for the forces imployed in the aforementioned and proposed 
service, or in Garrisoning the said Fortress, be free and exempt from any Toll, Tribute, Custom 
and Duty, that is or might be imposed on such materials, by virtue of any Act of the Govern 
ment of New York. 

13 That if it should happen that the proposed Expeditions, shall neither of them be carried on 
the next year, or if by reason of any other events it should be found necessary, for the defence 
of his Majesty s Subjects, and annoying the Enemy to send out and maintain Scouts or R mgers, 
That then the Governments of Massachusets Bay, New York, and Connecticut, send out on 
proper encouragment such a Number of Men respectively, as they shall Judge a proportion for 
them, in order to defend the borders of the exposed Settlements, and to annoy and distress the 
French & Enemy Indians in their Settlements; & in this service to join with such of the Six 
Nations and their allies as will go on that design : and that the other Governments of New 
Jersey, Pensilvania, Maryland, Virginia, New Hampshire, and Rhode Island, be applyed to, to 
furnish provide and bear their proportion in Men Money or other Necessarys, for the Encourag 
ment and support of such Scouts or Rangers: And that each Government providing arid sending 
out such Scouts or Rangers, receive the benefit of such money or other Necessarys as shall be 
afforded by the other Governments not sending Men, in proportion to the number of Men they 
shall respectively employ in s d service 

14 That in case any attack or invasion shall be made by the Enemy on any one or more of his 
Majesty s Governments, and application be made to any other Government for assistance, that 
the same be speedily afforded according to the necessity and circumstances of the case; The 
subsistance only being provided by, and at the charge of the Government requesting and 
receiving such succours : And if either of the Governments receive any intell igence of an Enemy 
approaching, either by sea or Land, who may endanger any one or more of the other Govern 
ments, that they give them the earliest notice possible thereof by Exjiress 

15 That the Legislatures of these three Colonys be desired to determine upon this agreement 
with all the Dispatch possible, and when done, that each Government do signify the same to 
the others as soon as may be 

16 The large numbers of Men and great Charges consequent thereupon as above, have been 
come into by the Commissioners, by reason of the distressing Circumstances of these Govern 
ments, notwithstanding the full perswasion of the Commissioners, that these burthens must be 
beyond the abilities of said Governments, if continued; They being almost constantly harrnsed 
by Incursions or Invasions on their Borders from the French and their Indians for near five hun 
dred Miles an end; And many of their Settlements already broken up, and destroyed and divers 
others in the most iminent danger The Case being such, that if these Government do not lay 
these heavy burthen on themselves (under which if they are not relieved they must sink) they 
must be much sooner destroyed by their Inhuman Enemies aboves 1 , who are exceedingly sup 
ported, spirited, and advantaged by the aboves d Crown point Fort: The Commissioners being 



1747.] The Hon. George Clinton, Esq: Governor. 987 

sensible, that it is as truly unreasonable and destructive to these Governments, to support all 
the Men and Money necessary to defend his Majesty s Subjects and Interests in North America, 
as it would be for a small part of the Nation, to be at the expence of defending the whole: 
There being divers more wealthy, and populous Governments than we are, who have been, and 
are defended by us, and therefore in all reason ought to bear their proportion of the Common 
defence, both with Men and Money. 

17 The above Articles we agree to recommend to, and in all proper ways to endeavour 
they may be ratified by the Governments to which we respectively belong, none of which 
shall be obligatory on any of the three Governments, but such as shall be ratified by all. 

In Testimony whereof we have signed Triplicates of these presents, at the City 
of New York this twenty-eighth day of September, in the twenty-first year 
of the Reign of our Sovereign Lord George the Second, of Great Britain 
France & Ireland King &c a Annoq Domini One thousand seven hundred & 
forty-seven 

Tho s Fitch ) Connecticut Ph Livingston ~\ Samuel Welles ) M , 

Bern" Hall 5 Commiss" Jos Murray X v v , Rob Hale 

J . ,. J v-New York --.,. -,-, , ., ( Com" 

JT-r v b C Commit 01 Partridge 

Philip VerplanckV 
Hen Cruger } 

Then the Council adjourned till Thursday next, 11 o clk. 



Thursday the 8" day of October, 1747. 

The Council met according to adjournment and 
Adjourned till Fryday Morning next 11 o clock 



Fryday the 9" day of October, 1747. 

The Council met according to adjournment and 
Adjourned till to Morrow Morning 11 o clock 



Saturday the 10th day of October, 1747. 

The Council met according to adjournment and 
Adjourned till Tuesday Morning next 11 o clock 



Tuesday the 1.3th day of October, 1747. 

The Council met according to adjournment and 
Adjourned till Fryday next 11 oclock 



Friday the 16th day of October, 1747. 

The Council met according to adjournment and 
Adjourned till Tuesday y e 20th Instant 11 o clock 



Tuesday the 20th of October, 1747. 

The Council met according to adjournment and 
Adjourned till to Morrow Morning 11 o clock 



988 Journal of the Legislative Council of New York. [^thsS 

Wednesday the 21 S( of October, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, Esq rs . 

The Speaker assumed the Chair 

The Deputy Secretary laid before the Board by his Excellencys directions a copy of a Speech 
of seven Sachims of the Six Nations and other Indians to his Excellency the 26th Ultimo. 
Also a copy of the Examination of Coll William Johnson taken before a Committee of the 
Council the third Instant which being read 

Ordered, that the same do lye on the Table for the further consideration of the Board 

A Message from his Excellency the Governour by the Deputy Secretary which being read 
was 

Ordered to be entered in the Minutes and is as follows 

Genii/ men of the Council 

You have herewith sent you, the copy of a Message which I have this day to the Assembly, 
that you may give your concurrence in the matters which I have recommended to them by his 
Majesty s orders, and which are necessary for his Majesty s service, and the Security of the 
Province 

A Copy of a Message sent to the Assembly 

Gentlemen, 

In obedience to his Majesty s Commands, I am to inform you, that his Majesty has for the 
present, laid aside the Expedition intended against Canada, and has ordered the Forces levied in 
America, for that Expedition, to be discharged, except so many of them as it shall be thought 
necessary to retain for the defence of Nova-Scotia. I am further directed to recommend it to 
you, to furnish such Sums of Money, or Credit, as may be wanted to pay the Forces levied in 
this Province, for that Expedition, till it be provided for by Parliament ; for which Purpose, 
Accounts of the whole Expence incurred on Account of the American Troops, from the Time 
of their being levied, to the Time of their Discharge is to be transmitted to his Grace the Duke 
of Newcastle. 

His Majesty hopes you will comply with this Demand, without Difficulty ; and I may add, 
that as I have already paid the private Men, to the 24th Day of June last, and two Months Pay 
to the Subalterns, the Demand on this Province, will be so much lessened at the Time of their 
Dismission. The like Demand is to be made on the other Colonies, who levied Troops for the 
same Service. 

On this Occasion, I shall renew the Proposal I formerly made you, of retaining what Number 
of the Levies now at Albany, you shall be willing to pay, for the present Defence of the Fron 
tiers of this Province ; by which likewise the Charge -of raising new Levies, in pursuance of 
the Agreement entered into with the Colonies of Massachusetts-Bay, and Connecticut, may be 
much lessened. 

As it is become necessary that I know your Resolutions on these Heads without delay ; and 
to prevent the proposing Conditions, which may occasion Delay, whatever of these Forces are 
to be retained, must be retained on the same Pay, both as to Officers and private Men, on which 
they entered into his Majesty s Service ; and that in Case you do not retain all that are now 
remaining at Albany, after they shall be reduced into compleat Companies of One Hundred 
Men each, as I formerly proposed to you, the Choice of such as I shall think most proper for 
the Service, must be left to me. After I shall know your Resolutions to comply with the 
Whole, or any Part of what I now propose, Estimates of the Sums requisite, shall be laid 
before you. I must again repeat, that his Majesty s Service requires that I know your Resolu 
tions without Delay ; an Express which came from Boston, being detained for that Purpose. 

G. CLINTON. 
City of New York ) 
19" 1 October 1747. > 

A Message from the General Assembly by Captain Richard and M r Nicol with the Bill Enti- 

tuled, "An Act to let to farm the Excise on Strong Liquors retailed in this Colony from the first 

" day of November one thousand seven hundred and forty-seven to the first day of November 

"one thousand seven hundred and forty-eight" desiring the concurrence of the Council thereto 

Then the Council adjourned till to morrow morning 11 o clock 



1747.] The Hon. George Clinton, Esq: Governor. 989 

Thursday the 22 d October, 1747. 

The Council met according to adjournment and 
Adjourned till to morrow morning 10 o clock 



Friday the 23 d day of October, 1747. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADEE GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to let to Farm the Excise on Strong Liquors 
Eetailed in this Colony from y e first day of November one thousand seven hundred and forty- 
seven to the first day of November one thousand seven hundred and forty-eight" be now Read 
the first Time 

Then the said Bill was Read the first time and 

Ordered a second Reading 

A Message from the General Assembly by Col Schuyler and M r Thomas with the Bill Enti- 
tnled, "An Act further to continue An Act Entituled, An Act for and towards supporting the 
" Government of this Colony by granting to his Majesty the Duties therein mentioned from the 
"first day of September 1740 to the first day of December 1741 " Desiring the concurrence of 
the Council thereto 

A Message from the General Assembly by Colonel Beekman and M r Nicoll with the Bill 
Entituled "An Act for appointing Commissioners to take examine and state the publick 
" accounts of the Colony of New York from y e year one thousand seven hundred and thirteen" 
desiring the Concurrence of the Council thereto 

A Message from the General Assembly by Col Beekman and Captain Livingston with the 
Bill Kntituled, "An Act for the more effectual cancelling the Bills of credit of this Colony" 
desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Nicol and M r Cornell with the Bill Entituled, 
"An Act for the Relief of the poor in the County of Suffolk" desiring the concurrence of the 
Council thereto 

Ordered, that the said four Bills be now Read 

Then the said Bills were Read the first time and 

Ordered, a second Reading. 

Then the Council adjourned till Monday Morning 10 o clock 



Monday the 26th of October, 1747. 
The Council met according to adjournment 

PRESENT The Honoble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act to let to Farm the Excise on Strong Liquors 
" retailed in this Colony from the first day of November one thousand seven hundred and forty- 
" seven to the first day of November one thousand seven hundred and forty-eight" And the 
Bill Entituled, "An Act further to continue An Act Entituled, An Act for and towards 
"Supporting the Government of this Colony by granting to his Majesty the Dutys therein 
"mentioned from the first day ot December one thousand seven hundred and forty to the first 
" day of December one thousand seven hundred and forty one " be now read the second time 

Then the said Bills were read the second time and 



990 Journal of the Legislative Council of New York. [ ^ IS 

Ordered to be committed 

Ordered, that the Bill Entituled, " An Act for Appointing Commissioners to take, examine, 
"and State the publick accounts of the Colony of New York from the year one thousand seven 
"hundred and thirteen" be now Read the second time 

Then the said Bill was read the second time and 

On the Question being put 

Ordered to be committed 

Ordered, that the Bill Entituled, "An Act for the more effectual Cancelling the Bills of Credit 
"of this Colony" be now read the second time 

Then the said Bill was read the second time and 

On the Question being put 

Ordered to be committed. 

Ordered, that the Bill Entituled, "An Act for the relief of the poor in the County of Suffolk" 
be now read the second time 

Then the said Bill was Read the second time and 

Ordired to be committed 

Then the Council adjourned till "Wednesday Morning 10 o clock 



Wednesday the 28th day of October, 1747. 
The Council met according to adjournment 

PRESENT The Honoble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Then the Council adjourned till to morrow morning 11 o clock 



Thursday the 29th day of October, 1747. 
The Council met according to adjournment 

PRESENT The Honolle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee to consider of the following Bills to wit. 

The Bill Entituled, "An Act to let to Farm the Excise on Strong Liquors Retailed in this 
" Colony from the first day of November one thousand seven hundred and forty seven to the 
"first day of November one thousand seven hundred and forty eight" and 

The Bill Entituled, " An Act further to continue An Act Entituled, An Act for and towards 
" Supporting the Government of this Colony by granting to his Majesty the Duties therein 
" mentioned from the first day of December one thousand seven hundred and forty to the first 
" day of December one thousand seven hundred and forty-one" 

The Committee having duely weighed and Considered of the said two Bills and being ready 
to make their report thereon 

The Speaker ressumed the Chair 

Ordered, that the said Report be made immediately 

Then the Honoble Archibald Kennedy Esq r Chairman of the said Committee In his place 
Reported that the Committee had gone through the said two Bills and had directed him to 
report them without Amendment 

Which Report on the Question being put was agreed to and approved of And 

Ordered, that the said two Bills be now Read the third time 

Then the said two Bills were read the third time and 

On the Question being put 

Rrsolvcd, that the said two Bills do pass 

Ordered, that the Honoble John Moore Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills without Amendment. 

Then the Council adjourned till Saturday next 1L o clock 



1747.] The Hon. George Clinton, Esq: Governor. 991 

Saturday the. 31" day of October, 1747. 
The Council met according to adjournment 

PRESENT The HonoUe CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the chair 

A Message from the General Assembly by M r Nicol and Col Lot with the Bill Entituled, 
" An Act for purchasing a Supply of Provisions for Victualling Eight compleat companys of the 
Forces raised on the Expedition intended against Canada or eight compleat companys of 
Voluntiers to consist of one hundred men each to be employed on the North Frontiers of this 
Colony " desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first Time and 

Ordered a Second Reading 

His Excellency the Governor having sent a Message to the Council requiring their attendance 
at the Council Chamber at his Excy s Residence The Council adjourned & went thither 
accordingly Where being met his Excell y came to the Council Chamber and sent a Message to 
the General Assembly requiring the immediate attendance of that House And they attend^ 
accordingly with their Speaker his Excellency in the presence of the Council & General 
Assembly was pleased to give his assent to the two following Bills viz 

The Bill Entituled, " An Act to let to farm the Excise on Strong Liquors retailed in this 
" Colony from the first day of NoV 1747 to the first day of Nov r 1743" and 

The Bill Entituled, " An Act further to continue An Act Entituled An Act for & towards 
"supporting the Government of this Colony by granting to his Majesty the Duties therein men- 
" tioned from the first day of Dec r 1740 to the first day of December 1741 

After which the said Acts were published in the usual manner 

The Council returned to the Council Chamber at the City Hall 

The Speaker assumed the Chair and 

Then the Council adjourned till Monday next 3 o clock P. M. 



Monday the 2 d day of November, 1747, P 1 M dm . 
The Council met according to adjournment 

PRESENT The Honoble CADWALLADEK GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, "An Act 
"for appointing Commissioners to take Examine and State the publick accounts of the Colony 
"of New York from the year one thousand seven hundred and thirteen" The Bill Entituled 
"An Act for the more effectual Cancelling the Bills of Credit of this Colony" and the Bill 
Entituled, "An Act for the Relief of the poor in the County of Suffolk 

The Committee having duly weighed and considered of the said Bills and being ready to make 
their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately. 

Then the Honourable Archibald Kennedy Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bills and had directed him to report 
them without amendment 

Which Report on the Question being put was agreed to and approved of, and the said three 
Bills 

Ordered a third Reading 

Then the Council adjourned till to morrow morning 11 o clock 



992 Journal of the Legislative Council of New York. 

Tuesday the 3 d day of November, 1747. 
The Council met according to adjournment 

PRESENT The Honoblc CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP COURTLANDT, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for appointing Commissioners to take Examine 
" and State the publick accounts of the Colony of New York from the year one thousand seven 
" hundred and thirteen, be now Read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

M r Golden dissented to the passing this Bill for the following Reasons 

1 The Executive part of Government, and the Nomination to all Offices, is an undoubted 
part of his Majesty s Prerogative ; and his Majesty has a peculiar Interest in all the Money or 
Funds granted in this Colony, They being granted to his Majesty and for his service ; and 
therefore his Majesty or such Person as he has intrusted with the administration of Government, 
has a right to the Nomination of proper persons, to take Examine and State the publick accounts, 
that his Majesty may be assured of their Integrity and Zeal for his service : But in the present 
case I am well assured the Governour has in no manner been consulted in the Nomination made 
by the present Bill. The assuming the Nomination when no Powers are to be given by this 
Bill, but what can more effectually be done by Commission, makes the design on the 
administration more evident 

2 d As the Funds for Support of Government, have for a continued usage in this Province, 
arisen from Duties and Imposts on Wine Rum & other Merchandize; Merchants (as the 
Commissioners appointed by this Bill are well known all to be) are not proper persons for 
examining & stating these accounts. For if by any conivance with the Merchants, these Duties 
and Imposts be not carefully levied, whereby the Merchants may save one half, or more, of 
what they otherways ought to pay ; They seem to me not to be the properest persons to 
discover and take Notice of such Neglects, or of any Frauds in the levying, or collecting of 
those Duties and Imposts; whereby his Majestys Service mny Suffer, and the burthen of 
Taxes, laid on the Real and personal Estates of the Inhabitants, be thereby increased. And if 
any credit is to be given to Rumour and Reports, these Duties if carefully collected, would 
produce at least double of what they now do ; and the Inhabitants would thereby be eased in 
those Taxes which fall heaviest on the poorer & Industrious part of them And as by the 
slating the publick accounts these Merchants appointed Commissioners, may gain an undue 
Influence over the Treasurer. The person principally intrusted with collecting these Duties, 
strong Temptations may be laid on the Treasurer to favour them in their Duties, more than 
others: whereby they may gain a great advantage over other Traders, to the great Loss of ihe 
fair Trader As these Merchants offer to take the Trouble of Stating the publick accounts for 
many years past and to come, without any Reward and as there is nothing so generous formerly 
observed in their conduct in Life, to make any easily believe, that they would freely undertake 
this great Trouble, without some view to profit; There is Room to suspect a private view in it. 
For it is a general observation, that Merchants as seldom give their Labour and Time, without 
a prospect to profit, as any set of men whatsoever 

3 As by the construction of several words and Expressions in this Bill, there seems to be an 
intention to make the present members of the Assembly for the City and County of New York 
perpetual Auditors of the publick accounts I think it an unfair Artifice to draw in the 
members of the Assembly to give their assent to a Bill, the Intention & purpose of which they 
may not perceive I believe not many on a Reading of this Bill, without pointing out the force 
of some words, and which are not obviously perceived, will imagine, that such is the Intention 
of the Bill; and yet upon a stricter examination, I think the force of those words in construction 
of Law will be found to be such : This is further confirmed by the Title to the Bill, in which 
there is no Limitation as to time, from and after the year 1713 

4 There is no Tye on the Province, or on the Treasurer or on any other to bind them to the 
state of the accounts made by the Commissioners but that notwithstanding such a state, every 
article in the said accounts may be controverted, and therefore nothing effectual can be done by 
such slate, Notwithstanding that the Treasurer, and others, may be put to great Trouble, and 
the province to a fruitless expence thereby 



1747.] The Hon. George Clinton, Esq: Governor. 993 

5 No Rules are prescribed for the Proceedings of the Commiss", and therefore their Proceed 
ings must be arbitrary, and in case of Error no means provided for Relief against or amendment 
of such Error. 

6 For these Reasons the state of the accounts to be made by these Commiss", may be far 
from being the true state; wherefore the power to publish that Erroneous state, may much 
deceive the people of this province, & serve to slander the Treasurer, or other particular Per 
son in this province and for what purpose these accounts, thus stated, should be directed to be 
published in the Newspapers I cannot see, unless it be to confirm levelling principles of making 
the Mob the dernier Resort in matters of Account, and of consequence in all cases ; The favour 
ing of which principles evidently tends to the weakening his Majesty s Authority, and the 
dependence of this province on the Crown of Great Britain, and is destructive of all good 
Government. Certainly the exposing the State of the Revenue to foreign nations, unless it be 
very flourishing is not prudent in any Nation, especially in time of war 

Lastly; Yearly salaries are to be paid in perpetuity, to certain persons, without any warrant 
from the Governour of this Province for the payment of them ; and without any check or con 
dition of their doing their duty ; contrary to the express words of his Majesty s Commission: 
of which all Persons are at their peril to take Notice : and by the authority of which, all Laws 
passed in this Province have their Force, and it may be a Question whether any Law made in 
this Province, in direct contradiction to that authority, can be of force ; at least, I cannot give 
my assent to the passing of this Bill, and thereby to be advising to his Excellency, to give his 
assent to a Bill, in direct contradiction to his Majesty s express commands to him 

Ordered, that the Bill Entituled "An Act for the more effectual cancelling the Bills of Credit 
of this Colony" be now read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

M r Golden dissented to the passing this Bill for the following Reasons 

1 As this Bill is subject to the same exceptions, as to the Nomination of the Commissioners 
apointed by it, and the payment of their salary s without the usual warrant for the same, which 
I made to the Bill Entiiuled, "An Act to appoint Commissioners to take &c a " it is needless to 
repeat these exceptions, since it may be sufficient to refer to them. 

2 By this Bill, other Bills of Credit are directed to be cancelled in place of those Bills which 
by proceeding Acts were directed to be cancelled ; By this means many Bills may be left in the 
hands of private persons, whose currency by the Acts by which they were emitted, may be 
expired ; and thereby the Inhabitants of this Province be great sufferers. This at least may 
make all tenders of any considerable sum very difficult, since the Witnesses must swear that 
every Bill so tendered was current by the Acts of this Government, at the time of such tender. 

3 The Treasurer is ordered by this Bill to receive any defaced Bills brought to him, and to 
exchange them for good Bills, which defaced Bills he is ordered to cancel and destroy : This 
is certainly a Fund for great Fraud, since after a Bill is defaced, the value of it cannot be 
known, neither can it be known whether it be a true Bill or a Counterfeit; many Counterfeit 
Bills of this province have appeared. After this Bill shall be passed into an Act, if any 
Counterfeit Bill be defaced, the Treasurer may receive it, and give a good Bill for it ; and since 
this defaced Bill is to be destroyed, it is impossible to discover such Fraud 

4 By the Act passed in the eleventh year of his Majesty s Reign, and mentioned in this Bill, 
a certain method was established for cancelling the Bills of Credit; in such manner that a per 
petual evidence may remain that the persons employed in cancelling those Bills, have truly 
executed the trust reposed in them, both as to the number of Bills, and the value of each Bill 
so cancelled: By this Bill that clause which requires this proof and evidence, is to be repealed 
and no proof is required of the present Commissioners, that they shall truly and without Fraud 
execute their Duty, in cancelling the Bills, but their oath when thereunto required, & if they 
refuse to make oath, the penalty is five pound. 

Now it is certainly possible, that these Commissioners may instead of destroying these Bills, 
put them in their pockets, and issue them oui again; in place of good and true Bills, they may 
destroy counterfeit Bills; so that at the expiration of the time for the currency of the Bills of 
Credit, many good Bills to a great value may be left in the hands of private persons, and thereby 
either these persons must suffer, or the province by laying New Funds to pay these bills off. 

When all checks oil Fraud are purposly avoided, and every means to commit it is industriously 
given, it cannot with men of sence give a good opinion of such proceedings, especially when 
the reasons given for removing these checks, appear to be merely pallia; ive, or evidently false, 
as they appear to me in the present Bill 

Every Man who has Regard to his Honour, and is intrusted by the publick, in such manner 
that he may make great protit to himself by any abuse of the trust, will desire to have all pos 
sible evidence remain of his having acted faithfully in pursuance of the trust reposed in him; 
and when any man takes pains to have the means of preserving such evidence of his having 
acted faithfully taken away and rendered impracticable; or if such things are done with his 
privity; it gives too good grounds to suspect such Mans designs And no Man of Honour in 

125 



J*r*a! of the Ly;*ati" GwrZ of -Vr IVi, [ =g ^r 

- - - - - _- .---. 

- - . : i :t be startied ai Perjury: especially when 

A. .~ea^ of iaeoTeriiif th-e Perjury are carefully removed 

There are few or BO Paragraphs in this B 11. to which jasr exceptions 2:37 cot be taken : but 
- - - " 

anymore: I only alifel observe, thai a* by tke ciaases in tbe Acs f:r easceLiss tie Bills of 
Credit, and which by ttss BO! are to be Repealed, the Bills of erei t are to be cancelled 
------- 

SKJetaeiiao to aii cooeeroed ; I canavt conceive any Reason for pitting the Province to the 

- 

-"T i-- ,-;-- : :_ r I. T ,ets of tfce CITT of New York : ivb.> aa-ier:x>k to serre their 

_ . . _ . 

. . . 

-A, that ilw B Ti Eatmfjed. ~ An Act r-:^ the Belief of the T>:<-r is the Co:m~ of 



- - .- - - - 

iLe ! . .1 ;:. L . - * ->~r : _- -- " r BLls wi boa* any imeD-in^t* 

: : _r ^ : ! 

_ 
. 

-... - 

1 . - - - - - . . . 

tfce Defence of the Frontien of th J province be ia his Eicelle&iry or in the O>2irEin-iii2 

- - 1 . 

.-- . - 

. .. - : -s llo clock" 



W-tdikfiday /A-? 4/^ <i;y <> " -M>rf7ri/-f/-. 1747. 



. Tie 



L* Speaker ar._-.re>i the 



<>Te> te 

rr^ifi* ari :rE*i by t>> Oir:Ti; : : ,-c*r. ap;->i^tei in behalf of th-? proTi^ce* of i 
&ij C: PfT/risce: TO be :a:-3 before tr.: &:ir: : it ^ri? iccoxpir-ye-i w^th a 

Mr*ise frofn hi* E ice- eery to tha B>ird. wherein were c- ^^.ir^^i iwo c-irasraoL* ia the 
words fcliiwij-s to wit 

* B-it TiXi wi . or/serre bv thit irr^ec:ec-t :Lit r. oth"r.2 i? cotcert^i fo* the *5C f jrity of toe 
** Frfrtiti-er? of tr.-L Prorisfte or for the safety of tr.e Ii.^abitA^t* thr.-e--,r : tho the o>itz of 
*-Thi* wa* rroxtmei.-ii i by nee 10 the C _er of tr.is Proiir^c*. in the -Stroisest I rrni5 

* I ff.-^A fy. ffr.-if: - h re~_-iLs then wi:h yoa to t^ke c^re of your COL,^" toectJ. oy era^tiLB 
H*taar7 for that er: T 

e the Cxr;y.is;o::?r co-nc-rrted ar.T rr.e*h Ci for T> eseTr;r.r the I^cLaiu in the 
OG* they sow are ii.. asd whic- I ;L:r.k of tr.e e4~.e*t coi_err:fc^ce to toe 



1747.] The Hon. George Clinton, Esq: Governor. 995 

Upon the hearing of which Message Read, I was under some uneasiness to find some Expres 
sions, which may bear a construction to the disadvantage of the New York Commissioners, as 
if they had ignorantly, or wilfully omitted or neglected to concert or treat about such matters, 
as had been Recommended to them by his Excellency, for the Security of the Frontiers of this 
Province ; or for the safety of the Inhabitants thereof; or for preserving the Indians in a good 
Disposition towards us. 

When the New York Commissioners waited upon his Excellency with that agreement they 
informed him, that they had proposed to the other Commissioners, and insisted upon the afore 
said particulars, and all other matters Recommended to them by his Excellency; but could not 
prevail on the other Commissioners to agree to those particulars mentioned in his Excellency s 
Message, any further than what are contained in the said agreement, and farther when his 
Excellency was pleased to lay this agreement before the privy Council, he desired M r Murray to 
acquaint the Council what the New York Commissioners had informed his Excellency at the 
time they had delivered the agreement, which M r Murray accordingly did; as I suppose every 
Member here present well knows 

You may also Remember Gentlemen, that immediately after Reading this Message before this 
Board, M r Murray moved that this Board would declare their opinion of the conduct of the 
New York Commissioners, and which this Board could well do, from the knowledge every 
member had of most of the foregoing particulars, this being thought, as I understood, highly 
Reasonable by every Gentlemen present. It was then proposed his Excellency should be 
applyed to, to make some amendment to the Message, to clear the New York Commissioners 
from any Reflection upon that head, and soon afterwards, I was informed, that his Excellency 
ordered an Amendment to be made in writing for that purpose, a copy of which the Deputy 
Clerk of the Council showed me, and is in the words following "And though as the Commis- 
" sioners of this Province told me in a Verbal Report they made of their proceedings, they had 
"used all the Arguments with the other Commissioners for that purpose, which they thought 
"most likely to prevail) and are to be inserted immediately after the following words in first 
"page, viz : though the doing of this was recommended by me to the Commissioners of this 
" province in the strongest Terms I could conceive " 

Since which I have seen this Message printed, without that or any other Amendment; 
whereby the New York Commissioners, may be open to censure & blame, without the least 
Just cause : Wherefore on behalf of my self and the rest of the New York Commissioners I 
move that this Honourable Board would be pleased to give their opinion, relating to the con 
duct and behavour of the New York Commissioners that they may be cleared from any blame. 

Whereupon the Council are unanimously of opinion, that the Commissioners of this province 
Acted with Fidelity in the trust reposed in them, and earnestly pressed the aforesaid particulars, 
and the other matters recommended by them by his Excellency, though they could not prevail 
upon the Commissioners of the other Governments to agree to the particulars mentioned in his 
Excellency s Message any further than is contained in the written Agreement; and although 
some words in his Excellency s Message may bear a Construction to the Disadvantage of the 
Commissioners of the Province, yet the Council are of opinion that his Excellency had no such 
intention; and doubt not but his Excellency, will fully clear them from any imputation of blame 
on that score 

Then the Council adjourned till to morrow morning 10 o clock 



Thursday the 5th clay of November, 1747. 
The Council met according to adjournment 

PRESENT The Hono 1 " CADWALLADER COLDEN, Esq r , Speaker, 
PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee to consider of the Bill Entituled "An 
"Act for purchasing a supply of Provisions for Victualling eight Compleat Companys of the 
"Forces raised on the Expedition intended against Canada: or Eight Compleat Companys of 
"Voluntiers to consist of one hundred Men each to be employed on the Northern Frontiers of 
"this Colony" 

The Committee having duly weighed and considered of the same and being ready to make 
their Report thereon 

The Speaker resumed the Chair 



996 Journal of the Legislative Council of New Torh [ 2 ^ f *l* . 

Ordered, that the said Report be made immediately 

Then M r Chief Justice De Lancey Chairman of the said Committee in his place Reported 
that the Committee had gone through the said Bill and had directed him to Report the same 
without any amendment 

M r Golden then moved that the putting the Question " Whether the Council agree with the 
Committees Report or not" should be postponed till the afternoon of this day 

Which Motion on the Question being put was carried in the Negative and 

On the Question being put 

The Report was agreed to and approved of to which M r Golden dissented 

Ordered, that the said Bill be Read the third time 

Then the Council adjourned till to Morrow Morning 11 o clock 



Fryday the <oth day of November, 1747. 
The Council met according to adjournment 

PRESENT The Hono We CADWALLADER GOLDEN, Esq r , Speaker, 
PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP CORTLANDT, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for purchasing a Supply of Provisions for 
" victualling Eight Compleat Companys of the Forces raised on the Expedition intended 
" against Canada or Eight Compleat Companys of Voluntiers to consist of One hundred Men 
" each to be employed on the Northern Frontiers of this Colony " be now Read the third time 

Then the said Bill was Read the third time and 

On. the Question being put 

Resolved, that the said Bill do pass With this protestation Nevertheless That although there 
are some things in this Bill liable to Exceptions yet as the said Bill in the main is calculated 
for the publick service and the season of the year not admitting of any Delay The Council at 
this time declined entering into a particular Disquisition on the several parts of this Bill 

Ordered, that the Hono ble Philip Cortlandt Esq r do acquaint the General Assembly that the 
Council have passed the said Bill with any amendment 

Then the Council adjourned till to morrow morning 10 o clock 



Saturday the 1th day of November, 1747. 

The Council met according to adjournment and 
Adjourned till Tuesday next 11 o clock 



Tuesday the lOih day of November, 1747. 

The Council met according to adjournment and 
Adjourned till Fryday next 11 o clock 



Friday the 13th day of November, 1747. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



1747.J The Hon George Clinton, Esq: Governor. 997 

Saturday the \^th day of November, 1747. 

The Council met according to adjournment and 
Adjourned till Tuesday next 11 o clock 



Tuesday the \1th day of November, 1747. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



Wednesday the 18th day of November, 1747. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



Thursday the 19th day of November, 1747. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER COLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicoll and M r Cornell with the Bill Entituled, 
"An Act to prevent private Lotteries within this Colony" Desiring the concurrence of the 
Council thereto 

Then the Council adjourned till to morrow morning 11 o clock 



Friday the 20th day of November, 1747. 
The Council met according to adjournment 

PRESENT The Ilonoble CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

JOHN MOORE, Esq". 

The Speaker Assumed the Chair 

Ordered, that the Bill Entituled, " An Act to prevent private Lotteries within this Colony " 
be now Read the first time 

Then the said Bill was Read the first time and 

Ordered, a second Reading 

A Message from the General Assembly by M r Abraham Lott and M r Thomas with the Bill 
Entituled, " An Act for raising a supply of Twenty Eight Thousand Pounds by a Tax on 
"Estates Real and personal for defraying the Expence of several services necessary for the 
"Defence of the Frontiers and Annoyance of the Enemy, For emitting Bills of Credit for the 
" like sum and for sinking and cancelling the said Bills in short periods" Desiring the concur 
rence of the Council thereto 

Ordered, that the said Bill be now Re;id 

Then the said Bill was Read the first time and 

Ordered a second Reading 

Then the Council adjourned till to morrow morning 11 o clock 



998 Journal of the Legislative Council of New Yorle. [^u^: 

Saturday the twenty first day of November, 1747. 
The Council met according to adjournment 

PRESENT The Ilono le CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 

PlIILIP COETLANDT, 

JOHN MOORE, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for raising a supply of 28.000 by a Tax on Estates 
"Real and personal for defraying the Expence of several services necessary for the Defence of 
"the Frontiers and annoyance of the Enemy: For Emitting Bills of Credit for the like sum, 
"and for sinking and cancelling the said Bills in short periods" be now read the second time. 

Then the said Bill was Read the second time and 

On the Question being put 

Ordered to be committed 

Ordered, that the Bill Entituled, "An Act to prevent private Lotteries within this Colony" 
be now read the second time 

Then the said Bill was Read the second time and 

Ordered to be committed 

Then the Council adjourned till Monday morning next 1 1 o clock 



Monday the 23 d day of November, 1747. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



Tuesday the 24^/i day of November, 1747. 
The Council met according to adjournment 

PRESENT The Hono lte CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act for 

raising a Supply of 28.000 by a Tax on Estates Real and personal for defraying the Expence 

of several services necessary for the Defence of the Frontiers and annoyance of the Enemy: 

For emitting Bills of Credit for the like sum and for sinking and cancelling the said Bills in 

short periods" and the Bill Entituled, "An Act to prevent private Lotteries within this 

province " 

The Committee having duly weighed and considered of the said two Bills and being ready 
to make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the IIono ble John Moore Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the first of said two Bills and had directed him to 
Report the same without any amendment 

Which Report on the Question being put was agreed to and approved of 

To which M r Golden Dissented for the following Reasons 

Commissaries are appointed by this Bill for the pay of the Forces levied or to be levied in 
this province and for the Ammunition of Gun powder and lead, without consulting or advising 
with the Governour in the Nomination and large sums are to be issued from the Treasury 
without warrant from the Governour and in direct contradiction to his Majesty s Commission 
by the authority of which the Legislature of this Province is impowered to make Laws 



1747.] The Hon. George Clinton, Esq : Governor. 999 

These Commissaries are by this Bill to Act independently of the Captain General s orders or 
of the Commanding Officer of those Forces and thereby have in their power to controul and 
render ineffectual any orders however necessary for the Defence of the province or annoyance 
of the Enemy 

The Method for cancelling the Bills of Credit to be issued by virtue of this Act opens a Door 
to fraud and to introduce confusion in all the other Funds 

Ordered, that the said Bill be Read the third time 

The Honourable John Moore Esq r further Reported that the Committee had gone through 
the Bill Entituled, "An Act to prevent private Lotteries within this Colony " and had directed 
him to Report the same without any amendment 

Ordered, that the said Bill be now read the third time 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bills do pass 

Ordered, that the Honourable James De Lancey Esq r do acquaint the General Assembly that 
the Council have passed the said two Bills without any amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Wednesday the 25lh day of November, 1747. 
The Council met according to adjournment 

PRESENT The Hono jjle CADWALLADER GOLDEN, Esq r , Speaker, 
PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN MOORE. 

The Speaker assumed the Chair 

His Excellency having sent a message to the Council by the Deputy Secretary requiring their 
immediate attendance at the Council Chamber in Fort George 

The Council adjourned thither accordingly. 

Where being met His Excellency sent a Message to the General Assembly by the Deputy 
Clerk of the Council requiring the immediate attendance of that House and they attending 
accordingly with their Speaker 

His Excellency then in the presence of the Council and General Assembly gave his Assent to 
the four following Bills viz 1 

"An Act for purchasing a supply of Provisions for Victualling eight Compleat Companys of 
" the Forces raised on the Expedition intended against Canada or eight Compleat Companys 
"of Voluntiers to consist of one hundred men each to be imployed on the Northern Frontiers 
"of this Colony" 

"An Act for raising a supply of twenty-eight thousand pounds by a Tax on Estates Real and 
personal for defraying the Expence of several services necessary for the defence of the Frontiers 
"and Annoyance of the Enemy For emitting Bills of Credit lor the like sum and for sinking 
"and cancelling the said Bills in short periods" 

" An Act for the relief of the poor in the county of Suffolk " and 
" An Act to prevent private Lotteries within this Colony " 

After which the said Acts were published in the usual manner and then his Excellency was 
pleased to Dissolve the General Assembly by a Speech in the words following 

Gentlemen : 

Your Resolves of the 12th Instant, and your Order to the Printer thereon, published in your 
Minutes together with your other proceedings, makes it necessary to speak to you at this time, 
in different Terms than I wished to have done. 

I must recommend to your serious Consideration, when cool and free from the Influence of 
your Leaders, whether (if I had by my Order to the Printer of the Gazette, infringed on your 
Priviledges) it would not have better become you, to have in some Manner applied to me on that 
Head? But this Method, I suppose, did not please ; because, thereby you cou d not so evidently 
assume an authority over mo, and to annul and contradict the Orders of your Governour; this 
may be taken by those who have a Right to enquire into your Conduct, as a direct assuming 
the Supreme in the executive Part of Government; and which they may think destructive of 
your Dependency on the Crown of Great-Britain, and of which the People of Great-Britain, 
may become jealous. 



24th Assem. 
6th eieias n. 



1000 Journal of the Legislative Council of New York. [ 

Consider, likewise, that Paper published under the Name of a Remonstrance of your House, 
and your former Representations; they contain several Things which you knew to be false, as 
appears from the Proceedings of your House ; in others you manifestly contradict yourselves ; 
from Things notoriously known, it must appear, that what you assert in other Parts of them, is 
impossible to be true ; no where had you any Evidence of the Truth of the Facts which you 
assert; you were guided by no Principal of Action, but that of a blind Faith in your Leaders; 
this must appear to any one, who shall consider the Minutes of your Proceedings, the Time and 
Circumstances attending them : All these Things, I say, will appear to any Person attentively 
considering your Endeavours, to throw the vilest Aspersions on your Goveruour s Conduct. 

Can Falshood, Slander and Malice be supported by any other Methods, than those which 
you have taken ? Wou d any Man who has the least Sense of Honour, take those Methods to 
support truth ? Or to seek Redress from any real Grievance, which are only proper to support 
Falshood and Malice, and propagate Slander ? For what Purpose are those Publications made, 
when those to whom they are made, have no Means of enquiring into the Truth of them, and 
can give no legal redress to any Injury, if it were real ? Can any Thing be more pernicious to 
Society? 

Besides these Things observable in general throughout your Proceedings, the Method you 
took to present that Remonstrance (as it is called) could only be with Design, to shew your 
Contempt of his Majesty s Authority, in the Character of his Governour of this Province: By 
that Method you assume so far an Authority over your Governour that you think it incumbent 
on him to know, and to pay a Regard to your Committees, and to Papers signed only by the 
Clerk of your House. Consider the Petition usually made by your Speaker, when presented to 
the Governour for his Approbation : Your Speaker only desires Access to the Governour s Person 
for himself, and when necessary for the publick Service ; take the whole of your Proceedings 
together, and the Spirit of your Actions too plainly appears. 

I must Leave it to my Superiours to judge, whether that printed Paper, called a Remonstrance 
of your House, has not evidently all the Characters of a false, scandalous and malicious Libell, 
against your Governour? I must leave it to them to judge, whether I acted as became the 
Governour of this Province, in forbidding the Printer to re-print it in his News-paper, as I was 
informed, the Speaker of your House, had privately ordered him to do, after it had been printed 
in the Votes of your House? I must likewise leave it to my superiours to judge, whether I 
cou d pass over such a Publication in Silence? Whether, with any Regard to my Character, I 
cou d take Notice of it in any other Manner, which cou d give less Offence, than what I did ? 
And whether you have acted like honest Men and loyal Subjects, in ordering a Libell against 
your Governour to be re-printed and ten Copies of it to be given to each of your Members, in 
order to have it dispersed all over the Country, as is actually done ? 

As to the popular Out-cry you endeavour to raise, of the Liberty of the Press, I shall only say, 
that certainly this Liberty, as well as any other may be abused to the Injury of others; if an 
Injury is done, a proper Remedy ought to be applyed ; and such a Remedy can never be thought 
a Restraint of any just Liberty. I am perswaded that no considerate Man can think, that I 
offered any Obstruction to the Liberty of the Press,^by forbidding the Printer to publish that 
one Paper at his Perill; if no Peril in doing of it, neither the Author nor Publishers of it can suffer 
by that Order ; the proper Judges may in Time shew, whether I did a Service or Disservice to 
any, by such Warning. 

You know with what Earnestness I recommended to you, to provide for the necessary 
Expence of preserving the Fidelity and Friendship of the Six United Indian Nations, and other 
Indians our Friends, Engaged in War with the Enemy; and tho it be now so long since 
that was laid bef >re you, you have not made the least Provision for this Service, which none can 
doubt of being of the greatest Importance for the Preservation not only of this, but of all the 
British Colonies in North-America : Such a Neglect, can no otherwise be accounted for, but 
that by the Alteration which may be expected in the Disposition of the Indians, from the Con 
tempt which (they may apprehend) you have of their past Services, and from other Disappoint 
ments they have met with ; you may have it in your Power to give some Colour to the vile 
Falshoods and Calumnies, you have published: In Hopes of doing this, all the Mischiels 
which may happen, are of no Consideration with you. 

It is also necessary to lay open another Design which too evidently appears through all your 
Proceedings ; and which, it s probable, you principally had in view, viz : An Intention to 
assume the Superiority in the Administration : For this Purpose, you throw out all the Asper 
sions on your Governour s Conduct, that Malice can invent ; that thereby you might disable nun 
in retaining that Authority over the People of this Province, winch the King lias intrusted mm 
with : For what other Purpose have you attempted to put in the most otiious Lignt, tne 
Endeavours I took for the Safety of this Province, in this Time of Danger t And which I 
must leave to my Superiours to judge, whether they were not the most prudent that could be 
taken, under the present Circumstances. 

The Reason why it became necessary to keep secret the Orders for discharging the Forci s 
raised in America, on the Expedition intended against Canada, till the Time tney were to be 
put in Execution, are now obvious, viz. Lest the Defence of the Frontiers should be deserted 
before Preparation could be otherwise made for the Defence of them ; I gave you however, 



1747.] The Hon. George Clinton, Esq: Governor. 1001 

timely Notice of what was to happen, that you might make the Provision requisite for that 
Service : At the same Time, I told you in what Manner any Number of the forces then posted 
on the Frontiers, might be retained with the greatest Certainty. You refused to make Provision 
in the Manner I proposed; you took a different, and much more uncertain Method ; and, after 
you had fixed on one Method, you changed it to another equally uncertain in its Success; and 
which, on a fair Calculation, must put the Province to above Four Thousand Pounds more 
Expence than the Method I proposed. It is well known how dilatory you have been in your 
Proceedings, while the Safety of the Province required the greatest Dispatch in your 
Resolutions. 

When I perceived the Province to be thus exposed to imminent Danger, I took the only 
Course remaining in my Power for the Defence thereof, either in case that a sufficient Number 
of the Forces then at Albany, could not be retained, or that the Frontiers should be attacked 
by a greater Force than the Number of Men you proposed to pay, could resist. 

As the Dangers of the Enemy might happen suddenly, (and when least expected) it became 
necessary to put the Militia, without delay, into sucli a Disposition, that they may be always 
in Readiness on every Emergency. For which Purpose I gave Orders that Detachments may 
be made of them upon the first Appearance of Danger, that may require more Force than may 
at any Time happen to be on or near the Frontiers. I never heard it asserted, that the Ordeis 
which I then gave, were either illegal or partial ; that they either favoured one Man, or were 
oppressive to another ; or that they were unnecessary. 

For what Purpose, I say then, were your Resolves published? which evidently tended to 
create Disobedience ; and did accordingly produce Disobedience to these Orders which I am 
confident, will appear prudent and necessary lor the Safety of this Province, to all judicious 
arid impartial Men. Could this be done for any other End (if you did not design to give up 
the Province to the Enemy) than to usurp the Command of the Militia, and lo show that his 
M-ijesty s Prerogative and Authority over the Militia, (and which was never disputed) must be 
fruitless and ineffectual, unless he please to take that Authority from you. and under such 
Limitations as you shall please to set to it? It is too well known what base Insinuations were 
industriously spread among the People at that Time, in order to i arry the Spirit of D sobedi- 
ence, and the Passions of ignorant People, to the most dangerous Heighth ; and how industri 
ously some of your Members were in propagating the most mischievous Sentiments (or that 
Purpose. As I then publickly declared, that I had no Intention to put the People of this 
Province to any unnecessary trouble, so, since that Time, I have done all in my Power to 
prevent it, by my Endeavours to retain as great a Number of the Forces now at Albany, as can 
be done on the Encouragement which you had promised. I hope no bad Elvent may too 
evidently demonstrate the Necessity of the Precaution I endeavoured to take, in having the 
Militia, in readiness for Prevention of it. 

Your refusing the King credit, for Payment of what is due to the Forces levied in this 
Province, on the Expedition against Canada, till such Time as Provision shall be made in 
Patliament for that Service, too openly shows what little Regard you have either to the King s 
Pleasure, so reasonably signified to you or his Service; and likewise what little Regard you 
have to those who have been willing to expose their Lives, in the Service of their Coun ry, 
and have on several Occasions, exposed tlieir Lives in the Defence of this Province; This 
Contempt of such signal Services, and neglect of Men, who are now in the greatest Distress, 
arising from their Zeal for their King and Country s Service, must for the future, discourage 
the like Zeal in all others; and on many Accounts, must be detrimental to the People of this 
Province. 

It is now well known, that if you had complied with my Offers, of retaining the Forces 
posted at Albany, in the Pay of this Province, on the Terms I proposed, a sufficient Number of 
disciplined Men, commanded by Gentlemen, could then have been retained : And it is now 
likewise so evident, that a sufficient Number of Men cannot at this Time be obtained in this 
Province by the Method you have taken, that the Council has found it necessary to advise me, 
to apply to the neighbouring Colonies for Men : Until a sufficient Number can be procured, the 
Frontiers must remain exposed to the Enemy; and it must remain uncertain for some Time, 
whether a sufficient Number can be procured. Thus, from an Obstinacy, and some otlier 
Temper of Mind, to which it is difficult to give a proper Name you are willing to expose the 
Lives and Estates of the People you represent, to all Cruelties and Ravages of a merciless 
Enemy, rather than to comply with any Demand of your Governor, however reasonable or 
necessary it be for the Welfare of your Country. 

You still further discover your desire of assuming the supreme Authority over all Military 
Force in this Province, by your Conduct towards the independent Companies of Fusileers now 
posted at Albany, for the Defence of this Province, and which have been kept in it above fifty 
Years, at the Charge of the Crown, for its Defence. No Man can say, thai the private Men 
can subsist themselves there on their Pay at this Time; or that they can at this Time, find any 
other Means for their Subsistence: Nor can any M tn think that they can remain contented, to 
see others who do the same Duty with them, receive double the Pay and Provisions, while the 
Country which they protect, refuses provisions to them : Does not this plainly tend to a 

126 



1002 Journal of the Legislative Council of New York. [ ^ *^ 

Dissolution of these Companies? And for what Reason can this be desired by you at this Time, 
when Men are so much wanted for the Defence of the Frontiers, unless it be that you cannot 
bear any Military Force in this Province, not immediately dependent on you? And for this 
Purpose you are willing to lose these Troops likewise, though necessary for the Protection of 
the Province. 

But the bills you have framed for the defence of the Frontiers, and to which I now give my 
Assent, for this reason only, that you have put it out of my Power otherwise to save this 
Province, from the most eminent Danger : These Bills, I say, put your Designs out of Question. 
For what Purpose do you put the Provisions for the Forces at Albany, the Pay of them, and 
the Ammunition, Gunpowder, and Ball, destined for their Use, into the Hands of Persons of 
your own Nomination, without advising or consulting with your Governor, in the Appointment 
of Persons to so great a Trust? But to put it in the Power of those Persons to controul any 
Order which your Governor shall give. 

The Pretence which you endeavour to infuse into the Heads of the People, cannot have the 
least Appearance of Foundation, after the Declaration I made to you, that I would give my 
Assent to any Clauses proper to prevent any kind of Embezelment ; or converting of either 
the Money or Provisions, to any other Use than designed by the granting them. It is well 
known that the Method you formerly took, and still continue to take, is as open to Frauds as 
any other. It must be surprising to have it supposed, that Frauds cannot he prevented other 
wise than by a Breach or Alteration of the established Constitution ; for this can only be 
supposed by those who do not understand, or are avowed Enemies to it. 

You have done all in your Power to make my Endeavours for the safety of this Province, 
clash, and become inconsistent with my duty to the King, by making the only Means you put 
in my Power, for the Safety of the People, contradictory to his Majesty s express Commands; 
and which you know to be such, and derogatory to his Authority over you, while you obsti 
nately persist in the same Method ; but as I have a gracious Master, I hope my Zeal for the 
Safety of so many of his loyal Subjects as would otherwise be in Danger, will excuse me with 
him, by giving my assent to these Bills, under the present Circumstances of the Province, 
which admit of no Delay in preventing the Dangers all are in, but more especially many innocent 
People, on or near the Frontiers. 

Whatever vain Imaginations your Leaders, or a Faction among you, may entertain, I am 
confident his Majesty has Numbers sufficient of loyal Subjects in this Province, to prevent 
the ill effects of the most daring Attempt on his Authority; and which all Men of Sense know, 
that no Act of this Government can, in any Light, deprive him of, or lessen his Prerogative, in 
any Circumstance, however vain you may be of your Powers; but that everything attempted 
by you to that Purpose, must be foolish as well as arrogant : Every Act to that Effect, is of 
itself void. 

Many other Instances can be given of your grasping at Power, both Civil and Military, by 
your assuming to yourselves the Nomination to Offices, and the sole rewarding of all Services, 
as in every Money Bill you pass ; to which you will allow of no Amendment by the Council, 
in any Part of the Bill, how foreign soever to the granting Part; neither do you previously 
advise or consult with your Governor, either in the Nomination to Offices, or the reward 
ing of Services. 

Take the whole of your Proceedings together, there must appear not only a Want of Candour, 
but open Malice likewise; and as by your repeated Publications they are become generally a 
Part in Conversation of all People in the neighbouring Colonies; this Conduct, of you the 
Representatives of the People of this Province, can give no favourable Sentiments of the Probity 
of the People you represent. 

Your continued grasping at Power, with an evident Tendency to the Weakening of the 
Dependency of this Province on Great-Britain, accompanied with such notorious and publick 
Disrespect to the Character of your Governor, and Contempt of the King s Authority intrusted 
with him, cannot be longer hid from your Superiors, but must come under their Observation, 
and is of most dangerous Example to your Neighbours. 

As I know that great Numbers of the Inhabitants of this Province, disapprove of the present 
Conduct of you their Representatives, I cannot at this Time, do more for the Benefit of all, than 
by putting it in their Power to declare their Sentiments, that they may, if they please, vindicate 
their Loyalty to their Prince, and Love of the Country, on which they depend, and which 
protects them. 

Therefore I think it for the Reputation and Interest of this Province, as well as for his 
Majesty s Service, that the General Assembly of this Province be DISSOLVED ; and you are 
DISSOLVED accordingly. 

G. CLLNTON. 

Fort George in the City of New York ) 
the y5th day of November 1747. ) 



TWENTY-FIFTH ASSEMBLY FIRST SESSION. 



At a Session of the Council and General Assembly of the Province of New York, 
J3egun and liolden at the City Hall in the City of New York, on Friday, the 12tk day 
of February, 1747. 

His Excellency the Hon ble George Clinton Captain General & Govern r in Chief of the said 
Province having been pleased to Dissolve the late General Assembly on the 25 day of November 
last and afterwards to order Writts to be Issued for Electing Representatives, to serve in 
General Assembly returnable this day 

The Council met accordingly 

PRESENT The Hon U6 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

His Excellency having been pleased to send a Message to the Council requiring their attend 
ance at the Council Chamber in Fort George, The Council adjourned and went thither 
accordingly. 

Where being met his Excellency came to the Council Chamber and sent a Message to the 
General Assembly Requiring the attendance of the Members who were Qualified. 

And the said Members attending accordingly His Excellency was pleased to direct them to 
return to the Assembly Chamber and choose a Speaker and present him for his approbation at 
half an hour after three of the clock in the afternoon 

The Council then returned to the Council Chamber in the City Hall 

The Speaker resumed the Chair 

The Council adjourned till 3 o clock in the afternoon. 



Friday, the 12 * day of February, 1747. P. M. 
The Council met according to adjournment 

PRESENT The Hon m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

The Council adjourned and went to the Council Chamber in the Fort 

Where being met His Excellency came to the Council Chamber and the Members of the 
General Assembly who were qualified attended and presented David Jones Esq r for their 
Speaker to His Excellency for his approbation 

Which choice his Excellency was pleased to approve of 

Then the said David Jones, Esq r the Speaker after a short apology for himself desired his 
Excellency in behalf of the House That their Words and Actions might constantly have a 
favourable construction That the members might from time to time have free access to His 
Excellency and that they and their servants might be priviledged and protected as usual ; which 
His Excellency was pleased to grant. 

His Excellency then made a Speech to the Council and General Assembly and delivered one 
copy thereof to the Speaker of the Council and another to the Speaker of the General 
Assembly 

The Council then returned to the Council Chamber in the City Hall 

The Speaker resumed the Chair 

The Council adjourned till to morrow morning 11 o clock 



1004 Journal of the Legislative Council of New York. [^sl sT 

Saturday, the 13 A day of February, 1747. 
The Council met according to adjournment 

PRESENT The Hon M6 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

The Speaker reported that the Council & the General Assembly had attended his Excellency 
yesterdny in the afternoon at the Council Chamber in the Fort, and that his Excellency had 
been pleased to make a Speech to the Council and General Assembly, of which his Excellency 
had given him a copy which he delivered in at the Table. 

Ordered, i hat his Excellency s Speech be now read 

Then the same was Read and 

Ordered to be Entered in the Minutes and is as follows 

Gentlemen of the Council and General Assembly, 

The publick Affairs of the Province have made it necessary for me to call you together at this 
Time; otherwise 1 should have delayed your Meeting to a Season of the Year, that must have 
been more convenient for you. 

The Agreement made in this City, the 2Sth of September last, by the Commissioners of this 
Province, of Massachusetts-Bay and Connecticut, upon Measures for carrying on the War 
against the common Enemy, and for the mutual Defence and Security of his Majesty s British 
Colonies on the Continent of North-America, received the Approbation of the last General 
Assembly of this Province; the Government of Conecticut has signified their approbation of 
the same; and since the dissolution of the last Assembly, I received the Approbation of the 
Government of the Massachusetts-Bay, with some Alterations to the said Agreement. Copies 
of these Approbations and Alterations shall be laid before you. 

Since the Government of the Massachusetts-Bay, have refused their Approbation of the 1 Ith 
Article of that Agreement, I am of Opinion, that the Service which was expected from that 
Article, ought to be supplied by some other Method; which I think, cannot be otherwise done, 
than by a numerous Partys of Indians to be employed, for the Service which was intended by 
that Article. 

The carrying this Agreement into Execution, tends so evidently to the Benefit and Security 
of all the British Colonies in North-America, that I think it needless to use any Arguments 
with you, to contribute every Thing incumbent on you to carry it on ; and however chargeable 
it may be at this Time, yet wh"n it is considered, that a great Part of the annual and heavy 
Expence, which this Province must bear for the Defence of the Frontiers only, may thereby be 
saved for the future, I persuade myself the People of this Province will chearfully submit to 
any Expence which shall be n -cessary for such beneficial Consequences. 

The Advantage which all the Colonies, but more especially this, may receive from the 
Friendship and hearty Assistance of the Six United Indian Nations, and the Mischiefs which 
may come from a contrary Disposition, and their acting in favour of our Enemies, are notorious; 
then-fore, it will deserve our most serious Attention, to consider how far their Disposition at 
this time may be affected by the Disappointments they have met with from the intended 
Expedition against Canada being laid aside, from the disbanding the Forces which were at 
Albany; and by the Influence which the French Emissaries may gain thereby over them, by 
infusing into their minds our want of Strength or Courage: This may occasion unexpected 
Difficulties in the Conduct of Indian Affairs, even in preserving their Friendship, but much 
more in engaging them heartily and generally in any new Enterprize; I must therefore demand 
your Assistance, to enable me to pursue every Method which may be necessary to engage the 
Six Nations of Indians, and their Allies, to join heartily with us in the Execution of the 
Agreement now laid belore you ; for without the Assistance of numerous Parties of the Indians, 
we may have much Reason to doubt of Ihe Success of what is proposed; whereas, with such 
Assistance, we have the greatest Reason to expect it. 

No Act has passed for the Payment of the Salaries of his Majesty s Officers of the Government, 
since ihe Act which expired the first of September lust; I must therefore recommend to you, to 
provide for these Appointments, in as ample a Manner as has been heretofore done ; ns also for 
Expresses, and other contingent Charges and Services, which necessarily arise in Time of War. 

I have appointed by Advice of Council Mr. Aaron Stevens, Interpreter to the Indians, in 
Behalf of this Province, from the Death of Mr. Bleeker, their late Interpreter; and as he has 
done signal Services among those Nations, and contributes considerably to keep them steadfast 



1747.] The Hon. George Clinton, Esq: Governor. 1005 

in the British Interest, I cannot doubt of your granting him an ample Allowance as Interpreter, 
from that Time. 

No Provision has been lately made for the Pay and victualling of Oswego Garrison ; and 
Col. Johnson tells me, he cannot continue supplying that Garrison any longer with Provisions, 
without an Extra Allowance of Two Hundred Pounds, per Annum, during the War, as the 
transporting the same is attended with great Difficulty, Hazard and Expence; and asthepublick 
is considerably in arrear to him, I expect you will immediately provide for that Charge, with 
what Expence he has been at of sending the Provisions and Reliefs thither, over and above the 
Contract. I conceive it absolutely necessary, that Provision should be made for the Expence of 
a Smith, to reside during the Summer Season at Oswego, for the Use of the Indians that come 
to the Trading House, there being assured by Col. Johnson, it will give a general Satisfaction 
to all, but more particularly to the far Nations. 

The Fort at Albany wants many Repairs, which I recommend to you; as also a Supply of 
Ammunition for the several Forts in the County. 

As several Expences have incurred for Rewards to the Indians, for Scalps ; for the Maintenance 
of their Prisoners; for transporting the new Levies to Albany; for victualling some of them in 
the Mohawk s Country; for removing the Cannon from Saraghtoga, to Albany; and for 
Expresses; And as Col. Johnson has advanced Money to the Smiths, arid other Persons sent 
among the six Nations of Indians, of all which Disbursements, proper Accounts shall be laid 
before you, I must recommend the Payment of them as just and necessary Debts on this 
Government; as likewise the Payment of the Rent to the first of May next, of the House 
wherein I resided till the House in the Fort was put in a proper Condition to receive my Family. 
I must likewise recommend the compleating of the House in the Fort ; the building of Stables, 
and making such other Conveniencies as are necessary and proper for my Accommodation. 

The Companies for which the last Assembly made Provision, to be raised for his Majesty s 
Service, are almost compleat ; but as no Provision was made for a commanding Officer at that 
Time, I cannot avoid desiring you to make such a reasonable Provision lor one now, as will fully 
answer the Trouble, Care, and Expence, attending that Command. 

Gentlemen of the General Assembly, 

I depend upon you to grant. Supplies for all the Services which I have laid before you, and 
par icularly for what may be requisite to preserve the Friendship of the Six United Nations of 
Indians,- and to engage them heartily in any Enterprise against the common Enemy, which shall 
be judged proper to undertake in Conjunction with the neighbouring Colonies. 

Gentlemen of the Council and General Assembly, 

There being nothing more desirable at all Times than Peace and Unity, I persuade myself 
you will enter upon the Affairs I have now recommended to you, with all Manner of Harmony 
and prudent dispatch; because the other Colonies who are united with us in the before 
mentioned agreement, wait your Resolutions; and the Example which you may give on this 
Occasion, will give Life and Dispatch to all concerned, where it appears necessary for the 
General Benefit of all the British Colonies in North-America. 

You will always find me ready to concur in any Measure, that shall be proposed to me, for 
his Majesty s Service and the Interest of the Province. 

G. CLINTON. 

Fort George in the City of New York 
Febry 1747. 

Ordered, that his Excellency s Speech be forthwith printed. 

M r Chief Justice De Lancey moved that an Humble Address be presented to his Excellency 
to thank him for his Speech, and for the readiness he expresses therein to concur in any 
measure that shall be proposed to him for his Majesty s service, and the Interest of the 
Province. To assure his Excellency that the Council are fully sensible of the advantages 
which all the British Colonies on this Northern Continent may receive from the Friendship 
and hearty assistance of the Six United Indian Nations, and the mischiefs which a contrary 
Disposition may produce. That the Council will endeavour to cultivate Peace and Unity, and 
promote every step that has a tendency to his Majesty s service and the welfare of this 
Province." 
Resolved, that an humble Address be presented accordingly. 

Ordered, that M r Chief Justice De Lancey, M r Murray & M r Rutherford be a Committee to 
prepare the Draft of the said Address and that they lay the same before the Council on Monday 
nex . 

Ordered, that his Excellency s Speech be taken into consideration on Monday next. 

The Council adjourned til Monday next @ 11 o clock in the morning 



1006 Journal of the Legislative Council of New York ["iltst" 

Monday, the 15 th February, 1747. 
The Council met according to adjournment 

PRESENT The Hon l!e PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 

JAMES DE LANCEY, 

JOSEPH MURRAY, 

JOHN MOORE, 

JOHN RUTHERFORD, Esq. 

Thp Speaker assumed the Chair 

M r Chief Justice De L-incey from the Committee appointed to draw up the Address to His 
Excellency presented to the Council a draft of the said Address 
Ordered, that the same be now read 
Then the said Address was read and approved of and 
Ordered to be Ingrossed 
The Council adj d til 4 o clock P. M. 



Monday the I5 lh -day of February, 1747, P. M. 
The Council met according to adjournment 

PRESENT The Hon Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

The engrossed Address to his Excellency was read and approved of and 

Ordered to be signed by the Speaker ; and the Speaker having signed the same 

Ordered, that the Hon ble Philip Livingston & Joseph Murray, Esq" do wait on his Excellency 

to know when he will be pleased to be attended with the Councils Address 

The said Gentlemen withdrew and being returned Reported that they had attended his 

Excellency with the above Message and that he was pleased to appoint to morrow morning 

eleven of the clock 

The Council adjourned till 11 o clock to morrow morning 



Tuesday the 16 * February, 1747. 
The Council met according to adjournment 

PRESENT The Hon Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

The Council adj d to wait on his Excellency with their Address and being returned 

The Speaker resumed the Chair and Reported that having attended his Excellency with the 
Council s Address, he was pleased to return a favourable answer thereto which he reported in his 
place 

Ordered, that the said Address & answer be entered in the minutes which are as follow 



1747.] The Hon. George Clinton, Esq: Governor. 1007 

To His Excellency The Honourable GEORGE CLINTON, Captain General and Governor in Chief of 
the Province of New York and Territories thereon depending in America, Vice Admiral 
of the same, and Vice Admiral of the Red Squadron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council for the Province of New York. 

May It jilectse your Excellency, 

We His Majesty s most Dutiful and Loyal Subjects the Members of his Majesty s Council for 
the Province of New York, return your Excellency our Thanks for your Speech, and for the 
readiness you Express therein, to concur in any measure that shall be proposed to you for his 
Majesty s service and the Interest of the Province 

We are fully sensible of the advantage which all the British Colonies on this Northern 
Continent, as well as this in particular, may receive from the Friendship and hearty assistance 
of the Six United Indian Nations, and the mischief s which a contrary Disposition may produce ; 
and as these as your Excellency observes are notorious, it is therefore evidently the Interest of 
all these Colonies, to join together in concerting such prudent measures as may mosl effectually 
secure the Friendship and dependence of the Indians, and thereby prevent the evil Effects which 
would unavoidably follow, from the French Emissaries gaining any Influence over them. 

We agree with your Excellency that Peace and Unity are always desirable, and we do assure 
your Excellency, we shall Endeavour to cultivate them. And your Excellency may depend 
that our known Loyalty to his most sacred Majesty s Person and Government, and the Regard 
we have for this Country will always excite us to promote every step that has a tendency to 
His Majesty s service, and the welfare of the Country we live in. 

By order of the Council 

PHILIP LIVINGSTON Speaker 
Council Chamber City of New York 
15th of February 1747. 

His EXCELLENCY S Answer. 

Gentlemen: 

I thank you for the assurances you have given me in your Address. No Endeavours shall he 
wanting on my part to promote His Majesty s Service, the Preservation & Friendship of the 
Indians, and the Peace and Welfare of His Majesty s Subjects. in this Province: and I persuade 
my self, youll take the most prudent measures to cultivate those Ends. 

G. CLINTON. 

Fort George in the City of New York 
February 15 th 1747. 

Ordered that the said address and answer be forthwith printed 

Then the Council adjourned till Friday next all clock in the morning 



Friday 19 " February, 1747. 

The Council met according to adjournment and 
Adjourned till Wednesday morning 11 o clock 



Wednesday the 24 * day of February, 1747. 



The Council met according to adjournment and 
Adjourned til Friday morning 1 1 o clock 



Friday the 26 th day of February, 1747. 



The Council met according to adjournment and 
Adjourned till Wednesday morning 11 o clock 



1008 Journal of the Legislative Council of New York. i?^* 

Wednesday the 2 d day of Mat ch, 1747. 
The Council met according to adjournment 

PRESENT The Hon lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
PHILIP CORTLANDT, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chiir 

A Message from the General Assembly by CoUonel Glen & M r Miller, with the Bill Entituled, 
" An Act to revive An Act Entituled An Act for the Establishing a Military Watch for the City 
" and County of Albany, with some addition thereto," desiring the concurrence of the Council 
thereto 

A Message from the General Assembly by Collonel Beekman and M r Ten Eyck, with a Bill 
Entituled "An Act for Enabling the Inhabitants of the Township of Schenatady to erect and 
" build two new Blockhouses in the said Town for the better Defence thereof " desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by M r Cruger and M r Lott, with the Bill Entituled, 
" An Act to revive An Act Entiiuled, An Act to provide able Pilots, and to establish their 
" Pilotage between Sandy hook and the Port of New York" desiring the concurrence of the 
Council thereto 

Ordered, that the said three Bills be now read 

Then the said three Bills were read the first time and 

Ordered a second reading 

Then the Council adjourned til Saturday morning 11 o clock 



Saturday the 5 th day of March, 1747. 

The Council met according to adjournment and 
Adjourned till Monday 11 o clock A. M. 



Monday the 1 th day of March, 1747. 

The Council met according to adjournment 
Adjourned til to morrow 11 o clock A. M. 



Tuesday the 8 th day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hon le PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PHILIP CORTLANDT, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicoll & M r Verplank with the Bill Entituled, 
" An Act for raising the sum of .1800 by a pnblick Lottery for a further provision towards 
"founding a Colledge for the advancement of Learning within this Colony" desiring the 
concurrence of the Council thereto 

O dered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second reading 

Ordered, that the Bill Entitled, "An Act to revive An Act Entituled, An Act for Establishing 
" a Military Watch for the City and County of Albany with some addition thereto" 



1748.] The Hon. George Clinton, Esq : Governor. 1009 

Entituled, " An Act for Enabling the Inhabitants of the Township of Schenectady to Erect & 
Build Two New^Block Houses in the said Town for the better defence thereof." And 

The Bill Entituled, " An Act to revive An Act Entituled, An Act to Provide able Pilots and 
to Establish their Pilotage between Sandy Hook and the Port of New York" be now Read 
the second time 

Then the said three Bills were read the second time and 

Ordered, to be committed 

Then the Council adjourned till to morrow morning Ho clock 



Wednesday the 9 A day of March, 1747. 
The Council met according to adjournment 

PRESENT The lion 11 " PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PHILIP COURTLAND, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for raising the sum of one thousand Eight hundred 
Pounds by a Publick Lottery for a further Provission for founding a College for the advancement 
of Learning within this Colony " be now read the second time 

Then the said Bill wns read the second time and 

Ordered to be committed 

The Council resolved themselves into a committee to consider of the Bill Entituled, " An 
Act to Revive An Act Entituled, An Act for the Establishing a Military Watch for the City 
and County of Albany with some addition thereto" 

The Bill Entituled, " An Act for Enabling the Inhabitants of the Township of Schenectady 
to Erect and Build two new Block Houses in the said Town for the better defence thereof" 
And 

The Bill Entituled, "An Act to revive An Act Entituled, An Act to Provide able Pilots and 
to Establish their Pilotage between Sandy Hook and the Port of New York" 

The Committee having duly weighed and considered of the said three Bills and being ready 
to make their report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made {mediately 

Then the Hon ble John Moore Esq r Chairman of the said Committee in his place reported That 
the Committee had gone through the said three Bills and had directed him to Report them 
without amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said three Bills be read the third time 

Then the Council adjourned till Friday morning 11 o clock 



Friday, the 11 * day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hono f te ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN MOORE, 

JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Cruger and M r Thomas with a Bill entituled, 
" An Act for the more effectual cancelling the Bills of Credit of this Colony " Desiring the 
concurrence of the Council thereto 

Then the Council adjourned till Wednesday morning 11 o clock 

127 



1010 Journal of the Legislative Council of New York 



Wednesday the 16 th day of March, 1747. 



The Council met according to adjournment and 
Adjourned till to morrow 11 o clock A. M. 



Thursday, the \1 lh day of March, 1747. 



The Council met according to adjournment and 
Adjourned till to morrow 11 o clock A. M. 



Friday, the 18 * day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hon m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PHILIP COURTLANDT, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair. 

A Message from the General Assembly by M* Clarkson and Coll: Glen with the Bill Entituled, 
" An Act for appointing Commissioners to take examine and state the Publick Accounts of the 
Colony of New York from the year one thousand seven hundred and thirteen" desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by M r Richards and Coll : Beekman with a Bill 
Entituled, " An Act for the Relief of Insolvent Debtors in the Colony of New York with respect 
to the Imprisonment of their persons" desiring the concurrence of the Council thereto 

A Message from the General Assembly by Coll : Beekman and M r Thomas with the Bill 
Entituled. " An Act to make provision for several services for the Defence and Security of the 
Frontiers and other purposes therein mentioned" desiring the concurrence of the Council 
thereto. 

Then the Council adjourned till to morrow morning 10 o clock. 



Saturday the 19 (A day of March, 1747. 
The Council met according to adjournment. 

PRESENT The Hon 1 * 1 * PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
PlIILIP COURTLANDT, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act for the more effectual cancelling the Bills of 
Credit of this Colony," 

The Bill Entituled, "An Act for appointing Commissioners to take. Examine & State the 
Publick Accounts of the Colony of New York from the year one thousand seven hundred 
and thirteen " 

The Bill Entituled, "An Act for the Relief of Insolvent Debtors in the Colony of New York 
with respect to the Imprisonment of their Persons" and 

The Bill Entituled, An Act to make provision for several services for the defence and 
security of the Frontiers and other purposes therein mentioned" be now [lead the first time. 

Then the said four Bills were read the first time and 
O di-red, a second reading. 



1748.] The Hon. George Clinton, Esq : Governor. 1011 

Ordered, that the Bill Entituled, "An Act to revive An Act Entituled, An Act for the 
Establishing a Military Watch for the City and County of Albany with some addition thereto" 

The Bill Entituled, "An Act for Enabling the Inhabitants of the Township of Schenectady to 
Erect and Build two new Block Houses in the said Town for the better defence thereof" and 

The Bill Entituled, "An Act to revive An Act Entituled, An Act to Provide able Pilots and 
to Establish their Pilotage between Sandy Hook and the Port of New York " be now read 
the third time. 

Then the said three Bills were read the third time and 

On the question being put 

Resolved, that the said three Bills do pass 

Ordered that the Hon ble John Moore Esq r do acquaint the General Assembly that the Council 
have passed the said three Bills without any amendment 

The Council resolved it self into a Committee to consider of the Bill Entituled, "An Act 
for raising the sum of one thousand eight hundred pounds by a Publick Lottery for a further 
provision towards founding a College for the Advancement of Learning within this Colony " 

The Committee having duly weighed and considered of the said Bill and being ready to make 
their report thereon 

The Speaker Resumed the Chair 

Ordered, that the said Report be made imediately 

Then the Hon ble John Moore Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said Bill and had directed him to report the same 
without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be Read the third time 

Then the Council adjourned til Tuesday morning 10 o clock 



Tuesday, the 22 d flay of March, 1747. 
The Council met according to adjournment 

PRESENT The Hon 116 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PlIILIP COURTLANDT, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

Ordered, that " The Bill Entituled, An Act for the more effectual Cancelling the Bills of 
Credit of this Colony " 

The Bill Entituled, "An Act for appointing Commissioners to take Examine & State the 
Public Accounts of the Colony of New York from the year one thousand seven hundred and 
thirteen " 

The Bill Entituled, "An Act for the Relief of Insolvent Debtors in the Colony of New York 
with respect to the Imprisonment of their persons " and 

The Bill Entituled, "An Act to make provission for several services for the Defence and 
Security of the Frontiers, & other purposes therein mentioned " be now Read the second time 

Then the said four Bills were Read the second time and 

Ordered to be committed 

Then the Council adjourned till Thursday 10 o clock A M 



Thursday, the 24 (A day of March, 1747. 
The Council met according to adjournment 

PRESENT The Hon Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

A Message from the G-eneral Assembly by M r Gale and M r Miller with a Bill Entituled, "An 
Act for fixing the places of Election of Representatives in Orange and Suffolk Counties"; 
desiring the concurrence of the Council thereto 

Then the Council adjourned till to morrow morning 10 o clock 



1012 Journal of the Legislative Council of New York. 

Friday, the 25 * day of March, 1748. 
The Council met according to adjournment 

PRESENT The Hoii Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
PlIILIP COURTLANDT, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for fixing the places of Election of Representatives 
in Orange & Suffolk Counties, be now Read 

Then the said Bill was Read the first time and 

Ordered, a Second Rending 

Ordered, that the Bill Entituled, "An Act for raising the sum of one thousand eight hundred 
pounds by a pnblick Lottery for a further provission towards founding a College for the 
advancement of Learning within this Colony" be now Read the third time 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hon ble John Moore Esq r do Acquaint the General Assembly that the 
Council have passed the said Bill without any Amendment 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, "An 
Act for the more effectual cancelling the Bills of Credit of this Colony " 

The Bill Entituled, "An Act for appointing Commissioners to take Examine & state the 
Publick Accounts of the Colony of New Yoik, from the year one thousand seven hundred 
and thirteen " 

The Bill Entitule"d, "An Act for the Relief of Insolvent Debtors in the Colony of New 
York with respect to the Imprisonment of their Persons" and 

The Bill Entituled, "An Act to make Provision for several services for the Defence and 
Security of the Frontiers and other Purposes therein mentioned " 

The Committee having duly weighed and considered of the said four Bills and being ready 
to make their Report thereon. 

The Speaker Resumed the Chair 

Ordered, that the said Report be made Imediately 

Then the Hon ble John Moore Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said four Bills and directed him to Report the same 
without any Amendment 

Which Report on the Question being put, it was agreed to and approved of and 

Ordered, that the said four Bills be Read the third time 

A Message from the General Assembly by M r Thomas and M r Gale with a Bill Entituled, 
"An Act to fix and ascertain the Places from whence the Milage fees of the respective Sheriffs 
of the Counties of Westchester and Orange shall be computed " desiring the concurrence of 
the Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first time and 

Ordered a second Reading 

Then the Council adjourned till Tuesday morning 11 o clock 



Tuesday, the 29 A day of March, 1748. 

The Council met according to adjournment, and 
Adjourned till to morrow morning 11 o clock 



1748.] The Hon. George Clinton, Esq : Governor. 1013 

Wednesday, the 30 * day of March, 1748. 
The Council met according to adjournment 

PRESENT The Hon Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
PlIILIP COURTLANDT, 
JOSEPH MURRAY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for the more effectual cancelling the Bills of Credit 
of this Colony " 

The Bill Entituled, "An Act for appointing Commissioners to" take examine & strtte the 
Puhlick Accounts of the Colony of New York from the year one thousand seven hundred and 
thirteen " 

The Bill Entituled, "An Act for the Relief of Insolvent Debtors in the Colony of New York 
with respect to the Imprisonment of their Persons " and 

The Bill Entituled, " An Act to make Provision for several services for the Defence arid 
Security of the Frontiers and other purposes therein mentioned " be now Read the third time 

Then the said four Bills were read the third time & 

On the Question being put 

Resolved, that the said lour Bills do pass 

Then the Hon ble James De Lancey Esq r came into the Council and took his seat 

Ordered, that the Hon ble James De Luncey Esq r do acquaint the General Assembly that the 
Cou!i<-il have passed the said four Bills without amendment 

Ordu ed, that the Bill Entituled, " An Act to fix and ascertain the Places from whence 
the milage fees of the respective Sheriffs of the Counties of Westchester and Orange shall be 
computed " And 

The Bill Entituled, " An Act for fixing the places of Election of Representatives in Orange and 
Suffolk counties," be now Read the second time 

Then the said Bills were Read the second time and 

On/ercd to be committed 

The Council Resolved themselves into a Committee to consider of the said two Bills 

The Committee having duly weighed and considered of the said Bills and being ready to 
make their Report thereon, 

The Speaker Resumed the Chair 

Ordered, that the said Report be made imediately 

Then the Hon ble John Moore Esq r Chairman of the said Committee in his place reported that 
the Committee had gone through the said two Bills and directed him to report the same without 
any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said two Bills be Read the third time 

Then the Council adjourned till Friday next 11 o clock A. M. 



Friday, the I st day of April, 1748. 

The Council met according to adjournment, and 
Adjourned till Tuesday next 11 o clock. A. M. 



Tuesday, the 5 th day of April, 1748. 

The Council met according to adjournment and 
Adjourned till to morrow morning 10 o clock 



1014 Journal of the Legislative Council of New York. PI* 



I 



Wednesday, the 6 A day of April, 1748. 
The Council met according to adjournment. 

PRESENT The Hon Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for fixing the places of Election of Representatives 
in Orange and Suffolk Counties " and 

The Bill Entituled, " An Act to fix and ascertain the places from whence the Milage fees 
of the respective Sheriffs of the Counties of West Chester and Orange shall be computed," be 
now Read the third time 

Then the said two Bills were read the third time and 

On the Question being put 

Resolved, that the said two Bills do pass 

Ordered, that the Hori ble John Moore Esq r do acquaint the General Assembly that the Council 
have passed the said Bills without any amendment 

A Message from the General Assembly by Cap Richard & M r Verplank with a Bill Entituled, 
" An Act for the payment of the Salaries, Services and contingencies therein mentioned until 
the first day of September one thousand seven hundred and forty-eight and for making 
further Provision for the Pay and Subsistance of the Forces posted on the Northern Frontiers 
of this Colony" desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first time and 

Ordered, a second Reading 

Then the Council adjourned till 4 o clock P. M. 



Wednesday, the 6 th day of April, 1748. P. M. 
The Council met according to adjournment 

PRESENT The Hon ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 

JOSEPH MURRAY, 

JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for the payment of the Salaries, Services & 
Contingencies therein mentioned untill the first day of September one thousand seven 
hundred and forty eight and for making further Provission for the Pay and Subsistance of the 
Forces posted on the Northern Fiontiers of this Colony" be now Read a second time 

Then the said Bill was Read the second time and 

Ordered, to be committed 

Then the Council Resolved themselves into a Committee to consider of the said Bill 

The Committee having duly weighed and considered of the said Bill and being ready to 
make their Report thereon 

The Speaker Resumed the Chair 

Ordered, that the said Report be made Imediately 

Then the Hon ble James Delancey Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bill and directed him to Report the 
same without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be Read the third time 

Then the Council adjourned till to morrow morning 10 o clock 



1748.] The Hon. George Clinton, Esq: Governor. 1015 

Thursday, the 7" Day of April, 1748. 
The Council met according to adjournment 

PRESENT The Hon 1 6 ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
JOSEPH MURRAY, 
JOHN MOORE, 
JOHN RUTHERFORD. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act for the payment of the Salaries, Services and 
Contingencies therein mentioned untill the first day of September one thousand seven 
hundred and forty eight and for making further Provission for the Pay and Subsistance of the 
Forces posted on the Northern Frontiers of this Colony," be now Read the third time 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hon bIe John Moore Esq r do acquaint the General Assembly that the Council 
have passed the said Bill without Amendment 

Then the Council adjourned to Saturday 11 o clock A M. 



Saturday, the 8" day of April, 1748. 
The Council met according to adjournment 

PRESENT The Ho)i! jle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DELANCEY, 
PlIILIP COURTLANDT, 
JOSEPH MURRAY, 
JOHN MOOUE, 
JOHN RUTHERFORD, Esq". 

The Speaker assumed the Chair 

A Message from his Excellency the Governour by the Deputy Secretary requiring the 
attendance of the Council at the Council Chamber in the Fort 

The Council adjourned and went thither accordingly 

Where being met His Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House with their Speaker 

And the General Assembly attending accordingly 

His Excellency was pleased to give his assent to the eleven following Bills to witt 

An Act to revive An Act Entitled, An Act for Establishing a Military Watch for the City 
and County of Albany with some addition thereto 

An Act for Enabling the Inhabitants of the Township of Schenectady to erect and build two 
new Block Houses in the said Town for the better defence thereof 

An Act to revive An Act Entitled, An Act to provide able Pilots and to establish their 
Pilotage between Sandy Hook and the Port of New York 

An Act for raising the sum of one thousand eight hundred pounds by a publick Lottery fora 
further provision towards founding a College for the advancement of Learning within this 

Colony. 

An Act for the more effectual cancelling the Bills of Credit of this Colony 
An Act for appointing Commissioners to take, examine and state the publick Accounts of the 
Colony of New York from the year one thousand seven hundred and thirteen 

An Act for the Relief of Insolvent Debtors in the Colony of New York with respect to the 
Imprisonment of their Persons 

An Act to make Provision for several services for the Defence and Security of the Frontiers, 

and other purposes therein mentioned 

An Act for fixing the places of Elec tion of Representatives in Orange and Suffolk Counties 
An Act to fix and ascertain the places from whence the milage fees of the respective Sheriffs 

of the Counties of West Chester and Orange shall be computed. And 



1016 Journal of the Legislative Council of New York. [ 

An Act for the payment of the salaries services and contingencies therein mentioned until the 
first day of September one thousand seven hundred and forty eight, and for making further 
Provision for the Pay and subsistence of the Forces posted on the Northern Frontiers of this 
Colony 

After which the said Acts were published and his Excellency directed the Speaker of the 
General Assembly to return to the Assembly Chamber and adjourn the House until Monday the 
second day of May next 

The Council returned to the Council Chamber 

PEESENT as before 

The Speaker assumed the Chair 

His Excellency having been pleased to direct the Speaker of the General Assembly to adjourn 
the House until Monday the second day of May next The Council thereupon adjourned to the 
same day 



Monday, the second day of May, 1748. 
The Council met according to adjournment 

PRESENT The IIono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The General Assembly being adjourned to Monday the twenty-third day of May Instant 

The Council therefore adjourned to the same day 



Monday, the twenty-third day of May, 1748. 
The Council met according to adjournment 

PRESENT The Hono 116 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 

PlIILIP CORTLANDT, 

JOSEPH MURRAY, Esq. 

The Speaker assumed the Chair 

The General Assembly having adjourned to Monday the sixth day of June next 

The Council therefore adjourned to the same day 



Monday, the Sixth day of June, 1748. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE. 

The Speaker assumed the Chair and 

Adjourned the Council til to Morrow Morning 11 o clock 



1748.] The Hon. George Clinton, Esq: Governor. 1017 

Tuesday, the Seventh day of June, 1748. 

PRESENT The Hono b!e CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The General Assembly being adjourned to Tuesday the twenty first day of June Instant 
. The Council therefore adjourned to the same day 



Tuesday, the twenty first day of June, 1748. 
The Council met according to adjournment 

PRESENT The Hono ble PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, Esq". 

The Speaker assumed the Chair 

The Council adjourned til Friday next at 11 o clock in the morning 

Friday, the 24 A day of June, 1748. 
The Council met according to adjournment 

PRESENT The, Hono lle PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY T , Esq rs . 

The Speaker assumed the Chair 

The Council adjourned til Tuesday next at 11 o clock in the morning 



Tuesday, the 28" 1 day of June, 1748. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY. 

The Speaker assumed the Chair 

The Deputy Secretary laid before the Council by his Excellency s directions a Copy of a 
Message from his Excellency the Grovernour to the General Assembly Which being read was 
Ordered, to be Entered in the Minutes & is as follows 

Gentlemen, 

In my Speech on the 12th of February last, I recommended to you, to make Provision for 
several-Services that had incurred, or were necessary to be done at the publick Expence ; but 
as the Season of the Year did not then permit you to provide for them, I shall order the 
Particulars thereof to be again laid before you, and recommend them to your Consideration, not 
doubting but they will have their due Weight in your Deliberations. 

Since your Recess, I have taken all the Precautions in my Power, at his Majesty s Expence, 
to preserve the Affections of the Six Nations of Indians, hi the British Interest, by sending 

128 



1018 Journal of the Legislative Council of New York. 

Col. Johnson among them ; and he has succeeded so well, that he has prevented their going to 
Canada, until I can have an Interview with them ; and although they have declared themselves 
fully attached to our Service, yet it appears to me by the Treaty which that Gentleman has 
had with them, (which I have ordered to be laid before you, with an Extract from his Letter) 
that there is the greatest Danger of a total Defection of those Tribes to the French Interest, 
unless we can give them Proof of the Sincerity of our Professions, by speedily and resolutely 
joining with them in prosecuting some Enterprize against the Enemy ; therefore I hope you will 
readily unite with the Governments of Massachusets-Bay, and Connecticut, in executing the 
Agreement entered into with them ; as the Advancement of the King s Service, the Safety of 
the Province, and the well-being of the Inhabitants greatly depend thereon ; and you may be 
assured of all the Assistance in my Power, in Conjunction with Governour Shirley, to encourage 
the Indians to do their Parts for the Reduction of Crown-Point, or to carry on some other 
Acts of Hostility iigainst the Enemy; and I refer you to a Message of the General Court of the 
Massachusets-Bay to Governour Shirley on this Occasion ; a Copy of which I have ordered to 
be laid before you. 

I have invited the Six Nations of Indians, and their Allies, to meet me at Albany, the 
Beginning of next Month, in order to partake of the Presents his Majesty has been graciously 
pleased to send them ; but I am informed it will tend to little Purpose to give those Presents, 
unless an Act is passed before that Time, forbidding all Persons whatsoever, to buy or exchange, 
any Arms, Ammunition, Clothing, &c. from any Indian of the Six Nations, or their Allies, or 
to sell them any Rum, or other spirituous Liquors, under certain Penalties, without a Licence 
from me, or the Commander in Chief for the Time being; and I recommend id to you to 
prepare an Act for that Purpose before I go. 

Capt. Armstrong, his Majesty s Engineer for this Province, has delivered me his Report, 
touching the present State and Condition of the Fortifications of this City; and as several 
Reparations and Buildings, are immediately wanting for the Security of the City, I must 
recommend it to you to take the same into your serious Consideration, and provide amply for 
the Works he has advised to be done, agreeable to his Report herewith delivered to you. 

I have ordered to be laid before you Copies of two Letters, with some Affidavits, which I 
received from the President and Council of the Province of Pennsylvania, representing the 
Danger our Trade is exposed to, from several Privateers infesting our Coast, and as the 
Protection of Trade is of the utmost Consequence to this Province, I cannot doubt of your 
falling upon some Expedient for the Preservation of it, from the Attempts of the Enemy. 

I have ordered an Extract from a Letter of the Governour of Canada, to Governour Shirley, to 
be laid before you, wherein he complains of there being no Cartel, or Rules setled for the 
Exchange of Prisoners, between this Government and Canada; and you may see from that 
Extract, what may be the Consequence, in case something is not done for that End. I must 
therefore recommend to you, to provide for the necessary Expence which must attend the 
Maintenance and Exchange of Prisoners, and redeeming from Captivity such of the Inhabitants 
of this Province, and Indians belonging to the Six Nations, as have had the Misfortune to fall into 
the Hands of the Enemy in Canada; but especially for the Redemption of those who are in 
the Custody of the French Indians, and which must be attended with greater Expence than 
what usually attends the Exchange or Ransom of Prisoners in other Cases, as they are a 
barbarous Enemy. 1 must also recommend to you, to provide for the usual Rewards given by 
this Province for Scalps and Prisoners taken from the Enemy. 

On the 18th of February last, I appointed William Johnson, Esq; Colonel of the Levies, 
raised for his Majesty s Service in Defence of this Province, and Annoyance of the Enemy ; and 
being satisfied that this Gentlemen has taken particular Pains in regulating the Disposition of 
those Troops to the best Advantage, for the Defence and Security of the Country, I expect 
you ll make him a suitable Allowance for the Care and Expence that must attend that 
Command; and as the Enemy make frequent Attempts upon the Inhabitants in the Frontiers, 
I must recommend to you, to continue the Troops posted there in the Pay of the Province, till 
we can find a better Remedy for their Protection. 

I have recieved a Letter from the Governour of Connecticut, informing me that a Number of 
his Majesty s Subjects in that Government, are willing to enter into the Pay of this Colony, to 
go as Out-Scouts against the Enemy, upon a certain Encouragement contained in his Letter, 
to which I refer you. 

Gi ntlcmcn, 

The Affairs which I have recommended to you demand Dispatch, and I persuade myself it 
will appear by your Proceedings and Resolutions, that you have that just and hearty Concern 
for the common Interest of your Country, which its Importance requires. 

G. CLINTON. 

Fort-George, in the City of New-York, 
21st of June, 1748. 



1748.] The Hon. George Clinton, Esq: Governor. 1019 

A Message from the General Assembly by Coll Glen & Coll Lott with the Bill Entituled, 
"An Act to prevent buying from or exchanging with any of the Six Nations of Indians or from 
any other Indians in alliance with them any arms ammunition Clothing or any other Present 
they may receive by his Majesty s orders:" desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first time & 

Ordered a second Read g 

The Speaker laid before the Council the following Papers viz 

A copy of An Act of the Governour Council & General Assembly of the Province of New 
Jersey Entituled, " An Act for running and ascertaining the Line of Partition and Division 
betwixt the Province of New Jersey and the Province of New York" 

A copy of a writing or Letter dated the 25 th Instant from Robert Hunter Morris, Elisha Parker 
and James Alexander Esq rs to his Excellency the Governour of this Province 

And a Letter from the same Gentlemen of the 25 th Instant directed to the Speaker of the 
Council desiring him to communicate the same with the two papers above-mention d to his 
Majesty s Council ffbr the Province of New York 

Which Papers, the Speaker acquainted the Council, were delivered to him by the said Robert 
Hunter Morris and Elisha Parker who at the same time did shew unto him an Exemplification 
of the Act above-mentioned under the Great Seal of New Jersey and a Commission under the 
same seal appointing them together with James Alexander Esq r Commissioners on the part of 
the Province of New Jersey for running and ascertaining the Line of Partition and Division 
between the Provinces of New York and New Jersey 

Ordered that the said Papers be filed 

Then the Council adjourned til to morrow morning 11 o clock 



Wednesday, the 29" day of June, 1748. 

The Council met according to adjournment 
PRESENT T/ie Hono Ue PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act to prevent buying from or exchanging with any 
of the Six Nations of Indians or from any other Indians in alliance with them any arms, 
ammunition clo hing or any other Present ihey may receive by his Majesty s orders," be now 
Read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Committee to consider of the said Bill 

The Committee having duely weighed & considered of the said Bill and being ready to make 
their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono. James De Lancey Esq r Chairman of the said Committee in his place Reported 
that the Committee had gone through the said Bill and had directed him to report the same 
without any amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the third time 

Then the Council adjourned til G o cl Post Meridiem 

Wednesday, the 29 A day of June, 1748. P. M. 

The Council met according to adjournment 
PRESENT The Ho?io m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, Esq". 

The Speaker assumed the Chair 

Ordered, That the Bill Entituled "An Act to prevent buying from or Exchanging with any 
of Six Nations of Indians or from any other Indians in alliance with them any Anns, 
Ammunition Clothing or any other Present they may receive by his Majesty s Orders," be now 
read the third time 



1020 Journal of the Legislative Council of New York. [ 



25th Assem. 
1st SesB n. 



Then the said Bill was read the third time and 
On the Question being put 
Resolved, that the said Bill do pass 

Ordered, that the Hono ble James De Lancey, Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without amendment. 
The Council adjourned till to morrow morning 11 o clock 



Thursday, the 30 * day of June, 1748. 
The Council met according to adjournment 

PRESENT The Hono bte PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

The Council adjourned till to morrow morning 11 o clock 

X 

Friday, the 1 st day of July, 1748. 
The Council met according to adjournment 

PRESENT The Hono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by the Deputy Secretary requiring the attendance of 
the Council at the Council Chamber in the Fort 

The Council adjourned and went thither accordingly. 

Where being met His Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House with their Speaker 

And the General Assembly attending accordingly His Excellency was pleased to give his 
assent to the following Bill viz* 

"An Act to prevent buying from or Exchanging with any of the Six Nations of Indians or 
from any other Indians in alliance with them any Arms Ammunition Clothing or any other 
Present they may receive by his Majesty s order" 

Afier which the said Act was published in the usual manner and his Excellency directed the 
Speaker of the General Assembly to adjourn the House to Tuesday the Ninth day of August 
next 

Then the Council adjourned to the Council Chamber in the City Hall 

The Speaker resumed the chair 

His Excellency the Governour having been pleased to desire the Speaker of the General 
Assembly to adjourn that House to Tuesday the Ninth day of August next 

The Council therefore adjourned to the same day. 



1748.] The Hon. George Clinton, Esq : Governor. 1021 

Tuesday, the 9 * day of August, 1748. 
The Council met according to adjournment 

PRESENT The Hono f le CADWALLADER GOLDEN, Esq*, Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, Esq". 

The Speaker assumed the chair 

The General Assembly being adjourned till Tunsday the 30 Instant 

The Council therefore adjourned to the same day 



Tuesday, August the 30 (A , 1748. 
The Council met according to adjournment 

PRESENT The Hono tle PHILLIP LIVINGSTON, Esq r , Speaker. 

ARCHIBALD KENNEDY, 
JOHN MOORE, Esq". 

The Speaker assumed the Chair 

The Council adjourned till to morrow morning 11 o clock 



TWENTY-FIFTH ASSEMBLY SECOND SESSION. 



Tuesday, the 20 * day of September, 1748. 

His Excellency the Governour having been pleased on the thirtieth day of August last to 
adjourn the General Assembly by Proclamation unto this day 
The Council met accordingly 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN MOORE, 

EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

The General Assembly being adjourned until Wednesday the twelfth day of October next 

The Council therefore adjourned to the same day 



Wednesday, the 12 th day of October, 1748. 
The Council met according to adjournm 

PRESENT The Hono tle ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN MOORE, 

EDW" HOLLAND, Esq". 

The Speaker assumed the Chair and adjourned till Fryday Morning 11 o clock 



1022 Journal of the Leislative Council of New York. 






Fry day, the 14 day of October, 1718. 
The Council met according to adjournment 

PRESENT The Honolle CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOOIJE, 
EDWARD HOLLAND, Esq". 

The Speaker assumed t ne Chair 

His Excellency having sent to the Council requiring their immediate attendance at the 
Council Chamber in Fort George 

The Cuuncil adjourned their accordingly 

Ti e Council being returned 

The Speaker resumed the Chair and reported that his Excellency had made a speech to the 
Council and General Assembly and delivered to him a Copy thereof which he laid before the 
Board 

Ordered, (hat his Excellency s Speech be Read 

Tnen the same was Read and 

Ordered to be Entered in the Minutes and is as follows. 

Gentlemen of the Council, and General Assembly, 

I Congratulate you on the near Prospect there is of so great Peace, which we have Reason 
to hope is on a solid and lasting Foundation, since it is to be made with the Consent of all the 
Powers engaged in the War: But as we have no Accounts that the Peace is finally concluded, 
we ought to lake ti>e necessary Precautions for the Security of the Province on all Events ; and 
more is necessary in this Province than in other Parts of his Majesty s Dominions distant from 
Canada. If any among the French in Canada should not be well disposed towards us, they 
may even in case of a Peace, privately set the Indians to do mischief; and I think therefore, 
that the Troops in the Pay of this Province, and remaining in the County of Albany, ought to 
be continued some Time longer, till the Inclinations of the French in Canada, and of their 
Indians, be known, and we have Reason to think that the Inhabitants on the Frontiers are in 
Safety. We have the more Reason to he on our Guard, since I cannot agree to the Terms 
offered for a mutual release of Prisoners on the Part of the Governour of Canada by the Officer 
sent by him to me, consistently with that regard which I have for the Security and safe Return 
of his Majesty s Subjects of this Province who have the Misfortune to be Prisoners in Canada. 

I have given Orders that some Persons be sent from Albany, to propose more equitable Terms 
to the Governor of Canada, for the mutual restoring of Prisoners, than those which have been 
proposed to me on his Part. 

And you may be assured, that nothing shall be wanting on my Part, to procure a safe and 
speedy Return of all the British Subjects Prisoners in Canada, that is in my power to do. 

Gentlemen of the Genera/, Assembly, 

As this is the Session in which yon propose to provide for the Services of the current Year, I 
think it proper to observe to you, that in the Time of Governors Hunter, Burnet, Montgomery, 
and Cosby, the Establishment for the Payment of the Governors, Secretaries, judges, and oilier 
( )fficers Salaries, were made at the Entrance of each of those Gentlemen, upon his Administration, 
for the Term of five Years, by an Act entituled, An Act for the Support of his Majesty s 
Government within tl is Province ; but that upon my coming to the Administration in the Year 
1743, instead of making the. usual Establishment for the Payment of those Salaries, the Assembly 
passed an Act, eniituled, An Act for the Payment of the Salaries, Services, and Contingencies 
therein mentioned, until the first of September, 1744, and have continued this Method of granting 
the Salaries for supporting the Governor, and other Officers of the Government, from Year to 
Year, ever since. 

The Inclination, Gentlemen, with which I came to the Administration of his Majesty s 
Government in this Province, to do every Thing for the Ease and Satisfaction of the People, which 
was consistent with my Duty to the King, as his Governor, and the Confidence I placed in the 
Advice then given me, that the Method proposed by that Act, for making Provision for the 
Payment of Salaries to the several Officers of his Majesty s Government, would not be attended 
with any Inconveniences, induced me to give my Assent to the Act; and the Kupture 
with France, which ensued before the Time of Year came round again for providing for the 
Payment of Salaries, and which has continued till the late Ratification of the preliminary 
Articles, for a general Pacification at Aix La Cliappelle, has prevented me from refusing my 
Assent to the Acts passed in the three subsequent Years, for the same Purpose, being unwilling 
to move any Point which might interfere with the Assembly s Attention to other important 



1748.] The Hon. George Clinton, Esq: Governor. 1023 

Affairs of his Majesty s Service, and the General Interest of this, and his other Colonies in 
North-America, depending before them, during the Course of the War. 

But now that the Conclusion of the War, and ihe Experience I have had of the Tendency of 
these new Acts in many points, to weaken his Majesty s Government in this Province, have 
made it my indispensable duty to take the first Opportunity of putting a Stop to these 
Innovations. I must acquaint you, that I do not think myself at Liberty to give my Assent to 
the like Acts for the future, and therefore I earnestly recommend it lo you, to make the same 
Provision for the Payment of Salaries that former Assemblies did, during the Administrations of 
my four immediate Predecessors, Chief Governors of this Province; and I hope, the same Spirit 
of Loyalty to his Majesty s Government, which animated those Assemblies, will induce you 
likewise to comply with what I propose. 

Gentlemen, 

I am not seeking any personal Advantage for myself, or the other Officers of his Majesty s 
Government, by an Augmentation of any Salary, in what I now recommend to you ; and if you 
think it more agreeable to the Rights of the People, that the Sums to be paid for every Officers 
Salary, should be expressed in the Act, instead of having it entrusted with the Governor and 
Council, as was the usual method before, I shall not oppose it in the least. 

You must be sensible, Gentlemen, that I am not offering to you any Innovation in the Method 
of Providing for the Support of his Majesty s Government, established by former Assemblies, 
but only endeavouring to put an End to those lately introduced, and to put his Majesty s 
Government in this Respect, on the same Foot it stood upon in the Time of my Predecessors, 
Chief Governors of this Province, immediately before I came to the Administration, which I 
conceive to be my Duty f o do, and necessary for his Majesty s Service that it should be done. 

It would be too prolix for me, to enter here into a particular Detail of the Inconveniences, 
which attend the new Method of providing for the Support of his Majesty s Government; 
hut, shall observe only, some of the principal Objections I have to it, viz. That the Establishment 
for my own Salary, and Allowance, and the other Salaries and Services usually provided for, 
in former Acts of Assembly, are now mule from Year to Year, instead of the Term of five 
Years. That many new Grants, and Matters of a different Nature are intermixed in those Grants, 
and tacked to the Grants for my own Support, and of the other Salaries, and Payments, which 
were usually joined with that, and that these Acts are passed the last of the several Sessions; 
and that the Grants made to the Chief Justice and other Justices of the Supreme Court, and 
some other Officers are made to them personally, by Name, not to the Officers for the Time 
being; which I mention, Gentlemen, in hoprs that you will avoid doing the same in your 
Grants to be passed this Session. 

Colonel Johnson, informs me, that he has not been paid a Debt of Two Thousand, One 
Hundred and Thirty Eight Pounds, due to him by this Province, and which was allowed and 
ordered to be paid him by an Act passed last Session, entituled, An Act to make Provision for 
several Services for the Defence and Security of the Frontiers, and other Purposes therein 
mentioned; and that the Reason given by the Treasurer, why he did not pay that Sum, is, 
that the Fund out of which this Money is to be p:iid, is surcharged, Sixteen Hundred Pounds; 
the Honour of this Government is engaged, that a. Debt so just, and so long due, be speedily 
paid ; the Hardships this Gentleman is under, by being kept out of so large a Sum, and for 
so long a Time, made him unwilling to undertake the supplying of the Garrison at Oswego, 
as became necessary at the Time the Relief was last sent thither; but I prevailed upon him, to do 
it, upon my repeated Instances, from the Danger that Garrison would otherwise be in, by the 
Want of necessary Supplies : I am persuaded, that I need only mention those two Debts, in order 
to your granting Money sufficient for the Discharge of them, and his other Demands, which 
I shall order to be laid before you. 

I must, likewise recommend to you, to make Provision for paying the Arrears due to the 
Troops paid by this Colony, and for continuing so many of them, as are at this Time on the 
Frontiers, and for such time as shall be necessary for the Security of the Frontiers; as likewise 
for the Expence, which IMS arisen, or shall aris , by sending and receiving Messengers, or 
otherwise, for the Exchange of Prisoners, and for compleating and finishing the Governor s House 
and Stables ; I shall direct that proper Accounts and Estimates be laid before you for these 
Purposes. 

Gentlemen of the Council and General Assembly, 

I shall do every Thing in my Power, which may contribute to the Safety and Prosperity of 
this Province, with your Assistance; and I shall (after I receive certain Intelligence of the 
Event of the Treaty of Peace) lay before you, what I shall then think necessary for the Good of 
the People under my Care. 

G. CLLNTOX. 
Fort George in the City of New York > 

the 14 lh day of October 1748. } 



1024 Journal of the Legislative Council of New York. 

Ordered,, that his Excellency s Speech be forthwith printed. 

Then the Hono ble Archibald Kennedy Esq r moved that an humble Address be presented 
to his Excellency to return his Excellency thanks for his Speech 

Resolved, that an humble Address be presented accordingly 

Ordered, that the Hono ble Archibald Kennedy, James De Lancey and John Moore Esq be a 
Committee to prepare the Draft of the said Address 

Then the Council adjourned till Munday Morning 11 o clock 



Monday, the IT" day of October, 1748. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



Tuesday, the 18 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Hono we Archibald Kennedy Esq r from the Committee appointed to draw up the Address 
to his Excellency presented to the Council a Draft of the said address 
Which was Read and approved of and 
Ordered to be Engrossed 
Then the Council adjourned till 3 o clock P. M. 



Tuesday, the 18 M day of October, 1748. P. M. 
The council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Engrossed Address to his Excellency was Read and 

Ordered to be signed by the Speaker 

Ordered, that the Hono ble Archibald Kennedy and Edward Holland Esq" do wait on his 
Excellency to know when he will be pleased to be attended with the Council s Address. 

Who then withdrew and being returned reported that they had attended his Excellency 
with the above Message and that he was pleased to appoint to morrow morning 11 o clock 

Then the Council adjourned till to morrow morning 11 o clock 



1748.] The Hon. George Clinton, Esq : Governor. 1025 

Wednesday, the 19 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono Me CADWALLADER GOLDEN, Esq", Speaker 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

The Speaker and the Council went to his Excellency to present their address and being 
returned 

The Speaker resumed the Chair and Reported that having attended his Excellency with their 
Address He was pleased to return a favourable answer thereto which he repeated in his place 

Ordered, that the said Address and Answer be entered in the Minutes Which are as follow 

To His Excellency the Honourable GEORGE CLINTON, Captain General and Governour in Chief of 
the Province of New York and Territories thereon depending in America, Vice Admiral 
of the same, and Admiral of the White Squadron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council for the Province of New York. 

May it please your Excellency, 

We his Majesty s most dutiful and Loyal Subjects the members of his Majesty s Council for 
the province of New York beg leave to return your Excellency our thanks for your congratulat 
ing us on the near prospect of a general peace which we do not doubt but will be on a solid 
and lasting foundation since it is to be made with the consent of all the powers engaged in the 
war. 

We likewise return your Excellency our thanks for the regard you express in your Excel 
lency s Speech for the Security and Safe return of his Majesty s Subjects of this Province who 
have the Misfortune to be prisoners in Canada and we hope that those who are intrusted by 
your Excellency at Albany to send some persons from thence to propose more Equitable terms 
to the Governour of Canada for the mutual restoring of prisoners than those which have been 
proposed on his part will be carefull to answer your Excellency s good intentions by sending 
such persons as are qualified for such a purpose 

Your Excellency may be assured from our Loyalty to his Majesty and affection for this 
country you shall not want the assistance of his Majestys Council to enable you to do every 
thing which may contribute to the safety and prosperity of this Province 

By order of the Council 

CADWALLADER GOLDEN Speaker 
Council Chamber in the City of New York 
18th October, 1748. 

His EXCELLENCY S Answer. 

Gentlemen : 

I thank you for this Address and the Assurance you give me of your assistance in every thing 
which may contribute to the safety and prosperity of the Province 

G. CLINTON. 

Fort George in the City of New York 
19 th October, 1748. 

Ordered that the said Address and Answer be forthwith printed 
Then the Council adjourned till to morrow morning 11 o clock 



129 



1026 Journal of the Legislative Council of New York. [W.ST 

Thursday, the 20 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

A Message from the General Assembly by Mr Nicoll and Mr Cruger with the Bill Entituled, 
" An Act to revive An Act Entituled, An Act for raising the sum of Eighteen hundred pounds 
by a Public Lottery for a further provision towards founding a Colledge for the advancement 
of Learning within this Colony with an addition thereto," desiring the concurrence of the 
Council thereto 

A Message from the General Assembly by Mr Michaux and Mr Haasbrook with the Bill 
Emituled, "An Act further to continue An Act Entituled, An Act for and towards supporting 
the Governm* of this Colony by granting to his Majesty the Duties therein mentioned from 
the first day of December one thousand seven hundred and forty to the first day of December 
one thousand seven hundred and forty one," desiring the concurrence of the Council thereto 

Ordered, that the said two Bills be now read 

Then the said two Bills were read the first time and 

Ordered a second Reading 

Then the Council adjourned till Monday 10 o clock 



Monday, the 24 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono l!e ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to revive An Act Entituled, An Act for raising the 
Sum of Eighteen hundred pounds by a publick Lottery for a further provision towards 
founding a Colledge for the advancement of Learning within this Colony with an addition 
thereto " and 

The Bill Entituled, An Act further to continue An Act Entituled, An Act for and towards 
supporting the Government of this Colony by granting to his Majesty the Duties therein 
mentioned from the first day of December one thousand seven hundred and forty to the first day 
of December one thousand seven hundred and forty one, be now Read the second time. 

Then the said two Bills were Read the Second time and 

Ordered, to be committed 

Then the Council adjourned till to morrow morning 11 o clock 



Tuesday, the 25 A day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono lte ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, "An 
Act to revive An Act Entituled, An Act for raising the sum of Eighteen hundred pounds by 



1748.] The Hon. George Clinton, Esq : Governor. 1027 

a publick Lottery for a further provision towards founding a College for the advancement of 
Learning within this Colony with an addition thereto" and 

The Bill Eutituled, " An Act further to continue An Act for and towards the supporting the 
Government of this Colony by granting to his Majesty the Duties therein mentioned from 
the first day of December one thousand seven hundred and forty to the first day of December 
one thousand seven hundred and forty one 

The Committee having duly weighed and considered of the said two Bills and being ready 
to make their report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then the Hono hle James De Lancey Esq r Chairman of the said Committee in his place 
reported that the said Committee had gone through the said two Bills and had directed him to 
report the same without any amendment 

"Which Report on the Question being put was agreed to and approved of 

Ordered, that the said two Bills be read the third time 

Then the said two Bills were read the third time and 

On the Question being put 

Resolved, that the said two Bills do pass 

Ordered, that the Honourable John Moore Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills without Amendment 

Then the Council adjourned till 4 o clock P M 



Tuesday, tlie 25" day of October, 1748. P. M. 
The Council met according to adjournment 

PRESENT The Hono 1 6 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard and M r Glen with the Bill Entituled, 
"An Act for paying of the Forces on the Northern Frontiers " desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was Read the first time and 

Ordered, a second Reading 

Then the Council adjourned till 11 o clock to morrow morning 



Wednesday, the 26 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN MOORE, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act for the Payment of the Forces on the Northern 
Frontiers, be now read the Second time 

Then the said Bill was Read the Second time and 

Ordered to be committed 

Then the Council adjourned till to morrow morning 11 o clock 



1028 Journal of the Legislative Council of New York. 

Thursday, the 27 /A <% of October, 1748. 
The Council met according to adjournment 

PRESENT The Ilono m PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN MOORE, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Glen and M r Lott with the Bill Entituled, An 
Act further to continue An Act Entituled, An Act to support the Garrison and Trading House 
at Oswego with some additions thereto 

Ordered,, that the said Bill be now Read 

Then the said Bill was Read the first time and 

Ordered a second Reading 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, " An 
" Act for the payment of the Forces on the Northern Frontiers " 

The Committee having duly weighed and considered of the said Bill and being ready to 
make their report thereon 

The Speaker resumed the Chair 

Then the Honourable Edward Holland Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said Bill and had directed him to report 
the same without any Amendment 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be Read the third time 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without amendment 

Then the Council adjourned till to morrow morning 11 o clock 



Fryday, the 28 * day of October, 1748. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker 

PHILIP LIVINGSTON, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN MOORE, 
JOSEPH MURRAY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act further to continue An Act Entituled, An Act to 
" support the Garrison and trading House at Oswego " be now Read Ihe second time 

Then the said Bill was Read the second time and 

Ordered to be committed 

A Message from the General Assembly by M r Nicoll and M r Abraham Lott with the Bill 
Entituled, " An Act to Let to farm the Excise on Strong Liquors retailed in this Colony from 
the first day of November next to the first day of January which will be in the year of our 
Lord one thousand and seven hundred and forty nine" desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was read the first time and 

Ordered, a second Reading 

A Message from his Excellency the Governour by the Deputy Secretary requiring the 
attendance of the Council at the Council Chamber in Fort George 

The Council adjourned and went thither accordingly 



1748.] The Hon. George Clinton, Esq : Governor. 1029 

Where being met his Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House with their Speaker 

And the General Assembly attending accordingly 

His Excellency was pleased to give his Assent in the presence of the Council and General 
Assembly to the three following Bills viz 

The Bill Entituled, "An Act to revive An Act Entituled, An Act for raising the sum of 
Eighteen hundred Pounds by a publick Lottery for a further Provision towards founding a 
College for the advancement of Learning within this Colony with an addition thereto 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act for and towards 
supporting the Government of this Colony by granting to his Majesty the duties therein 
mentioned from the first day of December one thousand seven hundred and forty to the first 
day of December one thousand seven hundred and forty one " and 

The Bill Entituled, "An Act for the payment of the Forces on the Northern Frontiers " 
After which the said Acts were published in the usual manner 
Then the Council returned to the Council Chamber in the City Hall 

PRESENT as before 

The Speaker resumed the Chair 

The Council theu adjourned till Tuesday morning 11 o clock 



Tuesday, the first day of November, 1748. 

The Council met according to adjournment and 
Adjourned till to morrow morning 11 o clock 



Wednesday, ilie 2 d day of Nov r , 1748. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 
JOHN MOORE, 
JOHN RUTIIERFURD, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Haasbrook and M r Gale with the Bill Entituled, 
An Act to continue An Act Entituled, An Act to Encourage the destroying of Wolves and 
Panthers in the Countys of Ulster Dutchess and Orange passed in the Sixteenth year of his 
Majesty s Reign with an addition thereto, desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was Read the first time and 

Ordered, a second Reading 

Then the Council adjourned till to morrow morning 11 o clock 



Thursday, the 4 A (sic) day of November, 1748. 

The Council met according to adjournm and 
Adjourned till to morrow morning 11 o clock 



1030 Journal of the Legislative Council of New York. [^ % 

Fryday, the 4 A day of November, 1748. 
The Council met according to adjournm* 

PRESENT The Hono Ut PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act to Let to farm the Excise on Strong Liquors 
retailed in this Colony from the first day of November next to the first day of January which 
will be in the year of our Lord one thousand seven hundred and forty nine and 

The Bill Entituled, An Act to Continue An Act Entituled, An Act to encourage the 
destroying of Wolves and Panthers in the Counties of Ulster, Dutchess and Orange passed in 
the sixteenth year of his Majesty s Reign with an addition thereto, be now Read the second 
time 

Then the said two Bills were Read the second time and 

Ordered to be committed 

Then the Council adjourned till Monday morning 11 o clock 



Monday, the T h day of November, 1748. 

The Council met according to adjournm 1 and 
Adjourned till Wednesday morning 11 o clock 



Wednesday, the 9 * of day November, 1748. 
The Council met according to adjournment 

PRESENT The Hono le CADWALLADER GOLDEN, Esq r , Speaker, 

PHILIP LIVINGSTON, 
ARCIIIB" KENNEDY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the Assembly by Col Beekman and Col Lot with the Bill Entituled, An 
Act further to continue An Act Entituled, An Act for Regulating the Militia of this Colony 
with further additions thereto 

A Message from the General Assembly by M r Nicoll and M r Micheaux with the Bill 
Entituled, An Act to explain part of An Act Entituled. An Act to lay a Duty of Tonnage on 
the Vessells and for the time therein mentioned, desiring the concurrence of the Council thereto 

Ordered, that the said two Bills be now Read 

Then the said two Bills were Read the first time and 

Ordered a second Reading 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, An 
Act further to continue An Act Entituled, An Act to support the Garrison and Trading House 
at Oswego with some additions thereto, 

The Bill Entituled, An Act to let to farm the Excise on Strong Liquors retailed in this 
Colony from the first day of November next to the first day of January which will be in 
the y^ar of our Lord one thousand seven hundred and forty nine and 

An Act to continue An Act Entituled, An Act to encourage the destroying of Wolves and 
Panthnrs in the Counties of Ulster Dutchess and Orange passed in the sixteenth year of his 
Majesty s Reign with an addition thereto 

The Committee having duly weighed and considered of the said three Bills and being ready 
to make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the snid Report be made immediately 

Then the Hono ble Philip Livingston Esq r Chairman of the said Committee in his place 
Reported that the Committee had gone through the said three Bills and had directed him to 
Report them without any amendment 



1748.] The Hon. George Clinton, Esq : Governor. 1031 

Which Report on the Question being put was agreed to and approved of and 
Ordered, that the said three Bills be read the third time 
Then the said three Bills were Read the third time and 
On the Question being put 
Unsolved, that the said three Bills do pass 

Ordered, that the Hono ble Philip Livingston Esq r do acquaint the General Assembly that the 
Council have passed the said three Bills without any Amendment 
Then the Council adjourned till Friday morning 11 o clock 



Friday, the 11 * day of Novembe r , 1748. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADKR GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq", 

The Speaker assumed the Chair 

Ordered, that the Act Entituled, An Act further to continue An Act Entituled, An Act for 
regulating the Militia of this Colony with further additions thereto. And 

The Bill Entituled, An Act to explain part of An Act Entituled, An Act to Lay a Duty of 
Tonnage on the Vessells and for the time therein mentioned, be now Read the second time 

Then the said two Bills were Read the second time and 

Ordered to be committed 

A Message from the General Assembly with the Bill Entituled, An Act for the more effectual 
Collecting the Taxes laid by the several Acts therein mentioned together with the arrears 
thereof; desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first time and 

Ordered a second Reading 

Then the Council adjourned till to morrow morning 10 o clock 



Saturday, the 12" day of November, 1748. 
The Council met according to adjournment 

PRESENT The Hono 1 6 PHILIP LIVINGSTON, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, " An Act for the more effectual collecting the Taxes laid by 
the several Acts therein mentioned together with the Arrears thereof," be now Read the second 
time 

Then the said Bill was Read the second time and 

Ordered to be committed 

A Message from the General Assembly by M r Thomas and M r Snedekar with the Bill Entituled, 
An Act for defraying several contingent Charges of this Colony and other Charges therein 
mentioned, desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Nicoll and Captain Livingston with the Bill 
Entituled " An Act for the payment of the Salarys Services and Contingences therein mentioned 
until the first day of September one thousand seven hundred and forty nine, desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by Col" Beekman and Col" Glen with the Bill 
Entituled, An Act for naturalizing Hendrich Vanden Ham, Adrian Houtvat, Haeman Levy, 
Louis Du Bois, James Harpain, Elias Bonnain, Isaac Van Haeren, Casper Englehert Kemannan, 
Jacob Stinebranner, John Vie, Godfrey Miller, John Smith, Jacob Metger, Charles Shults, 
Hendrick Snyder and John Frederick Neithe desiring the concurrence of the Council thereto 

Ordered, that the said three Bills be now Read 

Then the said three Bills were Read the first time and 

Ordered a second Reading 



1032 Journal of the Legislative Council of New York. [^ 

A Message from his Excellency by the Deputy Secretary requiring the immediate attendance 
of the Council at the Council Chamber in the Fort 

The Council adjourned and went thither accordingly 

Where being met his Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring y e immediate attendance of that House with their Speaker 

And the General Assembly attending accordingly 

His Excellency was pleased to give his assent to the following Bills viz* 

The Bill Entituled, "An Act to support the Garrison and Trading House at Oswego with 
some additions thereto " 

The Bill Entituled, "An Act to let to farm the Excise on Strong Liquors Retailed in this 
Colony from the first day of November next to the first day of January which will be in the 
year of our Lord one thousand seven hundred and forty nine " and 

The Bill Entituled, "An Act to continue An Act Entituled, An Act to encourage the 
destroying of Wolves and Panthers in the Counties of Ulster Dutchess and Orange passed in 
the sixteenth year of his Majesty s Reign with an addition thereto 

After which the said Acts were published in the usual manner and then his Excellency was 
pleased to prorogue the General Assembly by a Speech in the words following 

Gentlemen of the General Assembly, 

I think it now a proper Time, to make some Remarks on your printed Resolves of the 26th 
of last Month, wherein you charge me with a Breach of my solemn Promise, and with a Violation 
of your Rights and Privileges, by refusing to receive an Address from your House. 

It cannot be doubted, but that there is a certain Respect to be observed by you, towards 
your Governour, in all Intercourse between him and you ; and that it is his Duty to preserve 
the Dignity of the King s Authority, so far as he is entrusted with it : The Governour must 
judge for himself, when he thinks that just Respect is neglected ; and therefore, as you first broke 
in upon the undoubted Rules of Decency, by that Address which you intended to make, you 
are only to bear the Blame, if nny Inconveniences or Prejudices ensue, from your Disrespect to 
your Governor. 

You claim the same Privileges with the House of Commons of Great-Britain. The Speaker 
of the House of Commons, after having been approved of by the King, desires, that as often 
as Necessity for his Majesty s Service and the Good of the Common Wealth shall require, he may, 
l)y Direction from the House of Commons, have access to his royal Person. It is not that 
the Speaker shall have Access whenever he pleases, but only when his Majesty s Service 
and the Good of the Common Wealth shall require. The Privilege of Access t never denyed 
you ; but then I have a Right to judge as well as you, whether the Access you desire, be for 
his Majesty s Service and the Good of the Common Wealth, and that it be made with due 
Respect, otherways you claim a Superiority over me, inconsistent with the Constitution of this 
Government. 

In whatsoever your Governour and you differ, there is a legal Method for Redress. In my 
Message to you, I told you, that I would do you the Justice, to send a Copy of that Paper, which 
you call an Address, to his Majesty s Ministers ; which is sending it to the proper Tribunal for 
Redress, if I have done you any Injury, by my refusing to receive it. But you seem to decline 
this legal Method; and by your publishing that Paper, under the Name of an Address, in your 
Votes, and afterwards in a publick News Paper, published by the Printer of your Votes, you 
seem to place the dernier Resort in all Disputes between your Governor and you, in the 
Populace. How his Majesty may take this, or how a Parliament of Great-Britain, may take 
your claiming, not only the Privileges of Parliament, but Privileges far beyond what any 
House of Commons ever claimed, deserves your most serious Consideration. You seem herein 
to forget your dependency. I therefore think that I cannot, at this Time, more effectually 
show the Concern I have for the People of this Province, than by giving you Time cooly to 
consult with your Constituents on the Consequences your Proceedings may have; and that 
you may do this at a Time, when you are freed from that Influence which now too evidently 
prevails among you. 

In most of the Bills prepared for my Assent, you continue so visibly to assume to yourselves, 
the executive Powers of Government, that nothing could excuse my giving my Assent to them, 
but the Necessity of the Service for which you grant the Money, without which those Services 
could not be performed. And as I have reason to think, that you persist in your Obstinacy, in 
assuming almost the whole Powers of Government, it becomes necessary for me to put an End 
to the present Session. 

I therefore think it for his Majesty s Service, that the General Assembly be prorogued, to 
the second Tuesday in March next ; and this General Assembly is accordingly prorogued to the 
second Tuesday in March next, then to meet here. 

G. CLINTON. 

Fort George in the City of New York 
the 12 th day of November 1748. 



1749.] The Hon. George Clinton, Esq: Governor. 1033 

[ N. Y. Col. M.S3. LXXVI. , 64. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s) province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until Tuesday the 
fourteenth day of March next, I have thought fit for his Majesty s service further to Prorogue 
the said General Assembly and I do by Virtue of the Power and Authority unto me granted by 
his Majesty hereby further Prorogue the said General Assembly until Tuesday the Eleventh day 
of April next ensuing Of which all his Majesty s Subjects concerned therein are required to 
take Notice and Govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of New York 
the twenty eighth day of February in the year of our Lord one thousand 
seven hundred and forty eight and in the twenty second year of his Majesty s 
Reign 

G. CLINTON. 
By his Excellency s Command 

Gw. BANYAR D Secry 

God save the KING. 



[ X. Y. Col. MSS. LXXVI., 69. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON, Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon Depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until Tuesday the 
Ninth day of May next. I have thought fit for his Majesty s service further to Prorogue the said 
General Assembly And I do by virtue of the Power and Authority unto me granted by his 
Majesty hereby further Prorogue the said General Assembly until Tuesday the Thirtieth day of 
May next ensuing of which all his Majesty s subjects concerned therein are required to take 
Notice and Govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of New York 
the twenty ninth day of April in the year of our Lord one thousand seven 
hundred and forty nine and in the twenty second year of his Majesty s 
Reign 

G. CLINTON. 

By his Excellency s Command 

Gw. BANYAR, D Secry 

God save the KING. 



130 



10 54 Journal of t\iQ Legislative Council of Nete York. [ 2 3dHc 



[ N. Y. Col. MHH. LXXV1., 7:i. ] 
BY HIS EXCKU.ENCY 

Tlir Honourable GKOKGK CLINTON Captain General and Governor in Chief of the Province 
(r,. H.) of Nnn York and Territories thereon depending in America Vice; Admiral of the sumo 
mid Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

W 1 1 KIM 1 . AS the General Assembly of this Province Htands Prorogued until Tuesday the 
thirtieth day of Mmj mutant I luive thought fit for his Majesty s Service further to Prorogue 
the ..ml General Assembly And I do by virtue! of the Power and Authority unto me granted by 
his Majcsl.y hereby further Prorogue the said General Assembly until Tiie.xdinj the twenty 
n:i i:nl/i, day of June, next ensuing Of which all his Majesty *! Subjects concerned therein are 
required to take Notice and Govern themselves accordingly 

Given under my hand and seal at Arms at Furl Ge.orgr. in the City of Ne.w York 
tlio nineteenth day of May in the year of our Lord one thousand seven 
hundred and forty nine and in the twenty second year of his Majesty s 
Reign 

G. CLINTON. 
Hi/ Ins Excellency s Command 

Q\v BANYAU, I) Si- cry 

God nave tlio KING. 



TWENTY-FIFTH ASSEMBLY Til I III) SESSION. 



At a Session of tin- (Council mid General Assembly of the. Province 0/"New York, Begun 
and hol<lcii at flu- ( it i/ I lull, in /lie Citi/ of New York, on Tuesday the tirenli/ sere nth 
ilin/ o/" June, Anno Doni., 1741), and in the tinnti/ third t/ear of the. Ileign oj our 
Sovereign Lord George the Second /// the Grace of God of Great Britain, Franco 
Ireland, Kin-, Defender oj the Faitli, S^r". 



His Excellency the llono 1 1 " George Clinton Captain General nud Governour in Chief of the 
said Province having been pleased to prorogue the said General Assembly at Sundry times from 
the lL >lh day of November last until this day, 

The Council met accordingly 

PKKSKNT The ILmo 1 1 CAI>WAU.AI>KR COMMON, Ksq r , Speaker, 

AitcimuM) KKNNKDY, 
JAMKS UK LANCKY, 

JOSKIMI Ml KKAY, 

JOHN IvirniKUFi un, 
KDWAKD HOI.I.ANP. 

The Speaker assumed the Chair 

The Council adjournod til to morrow morn 1 - 1 1 o cl. 



1749.] The Hon. George Clinton, Esq: Governor. 1035 

Wednesday, the 28" day of June, 1749. 
The Council met according to adjournment 

PRESENT The Hono 1 " CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 

JOHN RlJTHERFURD, 

EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

His Excellency having been pleased to require the attendance of the Council at the Council 
Chamber at Fort George The Council adjourned and went thither accordingly 

Where being met His Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House and the House attending 
accordingly His Excellency was pleased to make a Speech to the Council and General Assembly 
and to deliver one copy thereof to the Speaker of the Council and another to the Speaker of the 
General Assembly 

The Council then proceeded to the Council Chamber in the City Hall Where being met 

The Speaker resumed the Chair and 

Reported that his Excellency had been pleased to make a Speech to the Council and General 
Assembly a Copy whereof he delivered in at the Table 

Ordered, that his Excellency s Speech be now Head 

Then the same was read and 

Ordered to be entered in the minutes and is as follows : 

Gentlemen of the Council and General Assembly, 

I congratulate you upon the Re-establishment of Peace, by which the Province is freed from 
the Calamities of War, to which the Frontiers of it were exposed from a barbarous and cruel 
Enemy: 1 am not now to incite you to the Prosecution of War, which when most successful, is 
attended with Effects no Ways desireable, but to the Arls of Peace, for the future Security and 
Prosperity of the People of this Province; and I assure you, Gentlemen, that I will chearfully 
join with you, in every Thing which shall be necessary for the Legislature to do for this Purpose. 

But, Gentlemen of the Assembly, it can be of little Service to make Laws, if they with whom 
the executive Powers of Government are intrusted, be disabled from putting them in Execution; 
and therefore, I must, (previously to every thing which may be proper to be recommended to 
you at this Time) demand, that you grant his Majesty a Revenue for the Support of his 
Government in this Province, in a Manner conformable to the Directions of his Majesty s 
Commission to me, by the Authority of which you sit and act, and of the Instructions which I 
have received for that purpose, and to make 1 rovision for the Payment of the Debts justly due 
for Services done, and for the contingent Services of the ensuing Year, in Manner likewise 
conformable to the Directions of his Majesty s Commission and Instructions to me. In making 
this Demand, I ask nothing new, or that any new Taxes or Impositions be laid on his Majesty s 
Subjects in this Province, or wliat is not perfectly consonant to the English Constitution, and 
conformable to the Practice of Parliament. Them are Laws of this Province now in force, 
granting to his Majesty Foiids for the Support of his Government; there is Money in the 
Treasury for this Purpose; and yet though the Moneys arising from these Fonds, are granted to 
his Majesty, he cannot (as these Laws now stand) make use of one Farthing of it, for the 
Purposes for which it was granted. This is such an inconsistency in itself, so contrary to our 
happy Constitution, and so prejudicial to his Majesty s Service, that it must be remedied; and 
therefore, 1 must demand of you, Gentlemen of the Assembly, to give me an Answer, in direct 
and positive terms, previously to your going on any other Business, Whether you will grant his 
Mnjrsty a Revenue for support of his Government conformable to his Commission and Instruction 
to me, the Copies of which I now deliver to you; and may you in your Answer, make 
manifest your Duty to your King, your Love of the English Constitution, and your sincere 
Regard to the Welfare of the I eople you represent. 

Gentlemen of the Council and General Assembly, 

As soon as I shall have received the Assembly s Answer, I shall lay before you, what I think 
further necessary for his Majesty s Service. 

I am sensible, that the approaching Harvest may make this Time of your meeting inconvenient 
to some of you ; but I could not think it proper to meet you til I knew the Sentiments of his 
Majesty s Ministers, in Respect to the Assembly s refusing to grant the Support of Government, 
.in the Manner 1 ask d it last Fall. And now the pressing Hardships that many of the People of 
this Province are under, from their not being paid large Sums of Money of a long Time justly 



1036 Journal of the Legislative Council of New York 

due to them ; but more especially, the Sufferings of the Prisoners still detained in Canada, and 
for whose Relief, I cannot do what may be proper, till you provide for the Expence which must 
attend this Service, makes your meeting at this Time necessary ; and I hope, the Sufferings and 
Hardships so many of your fellow Subjects are under, will be of more Weight with you, than any 
Inconvenience some of you may be under, by your being taken from attending the Harvest in 
the Country. 

G. CLINTON. 

Fort George in the City of New York, > 

the 28 day of June 1749 ) 

The Speaker further Reported that his Excellency had delivered to him Extracts of part of 
his Majesty s Letters Patent and Instructions to his Excellency Which he delivered in at the 
Table where the same were Read 

Ordered, that his Excellency s Speech be forthwith printed 

Then the Hono ble John Rutherfurd Esq r moved that an humble Address be presented to his 
Excellency to return him Thanks for his Speech 

Which Motion [being] seconded and agreed to by the Council 

Resolved, that an humble Address be presented accord^ 

Ordered, that M r Murray, M r Rutherlurd and M r Holland be a Committee to prepare the 
Draft of the said Address and that they lay the same before the Council to morrow morning 

Then the Council adjourned til to morrow morn g 11 o cl 



Thursday, the 29 * day of June, 1749. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JAMES MURRAY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

M r Rutherfurd Chairman of the Committee appointed to prepare the draft of an humble 
Address to his Excellency presented the same to the Council 

Ordered, that the same be read 

Then the same was read and 

On the Question being put was agreed to and approved of 

Ordered, that the Address be Engrossed 

Ord red, on motion of the Hono. John Rutherfurd Esq r that the Treasurer of this province 
do on or before Tuesday the ll lh day of July next lay before the Council an Account of all 
moneys received by him by virtue of any Acts or Acts of the Legislature of this province from 
the* time his Excellency the Hono ble Georjje Clinton entered upon the Administration of this 
Government And of all payments since made by him specifying by what Act or Acts the sums 
were received, to whom by name the several payments were made and by what Order Warrant 
or Authority to this day And that the Accounts be made out in such a manner that the Ballance 
remaining in his Hand upon each Fund granted may appear as also a state of the publick 
Debts and Funds at the time his said Excellency entered upon the Administration of this 
Government And that the Deputy Clerk of the Council do forthwith serve the Treasurer with 
a Copy of this Order 

The Council adjourned til to morrow morning 11 o cl 



1749.] The Hon. George Clinton, Esq : Governor. 1037 

Friday, 30 A (lay of June, 1749. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

The engrossed Address to his Excellency was read and approved of and 

Ordered to be signed by the Speaker 

And the Speaker having signed the same 

Ordered, that M r Kennedy and M r Holland do wait on his Excellency to know when he will 
be pleased to be attended with the Council s Address 

Then the said Gentlemen withdrew and being returned Reported that they had attended his 
Excellency with the above Message and he was pleased to say he would receive the Address 
immediately 

The Council adjourned to wait on his Excellency with their Address and being returned 

The Speaker resumed the Chair and Reported 

That the Council having waited on his Excellency and presented their Address His Excellency 
had been pleased to return a favourable Answer thereto Which he laid before the Council : 
And the same being read 

Ordered, that the said Address and Answer be entered in the Minutes which are as follow 

To His Excellency the Honourable GEORGE CLINTON Captain General and Governor in Chief 
of the province of New York and Territories thereon depending in America Vice 
Admiral of the same and Admiral of the White Squadron of his Majesty s Fleet 

The Humble ADDRESS of the Members of his Majesty s Council for the province 
of New York 

May it please your Excellency 

We his Majesty s most dutiful and Loyal Subjects the Members of the Council for the 
Province of New York return our humble thanks to your Excellency for your Speech wherein 
you express your readiness to join in every thing which shall be necessary for the Legislature 
to do for the future security and prosperity of the people of this Province 

We heartily rejoice with your Excellency upon the Reestablishment of peace and in the hopes 
of the Advantages all his Majesty s Subjects particularly of this province will reap thereby 

Tis with the greatest pleasure and gratitude we observe your Excellency s concern for the 
sufferings of our prisoners and Hardships of the Publick Creditors and the same Zeal for the good 
of this province that you have always hitherto shewn during your mild Administration thro all 
the difficulties lately attending it And we beg leave to assure your Excellency of our utmost 
Zeal in support thereof. 

By order of the Council 

CADWALLADER GOLDEN Speaker 
Council Chamber in the City of New York 
the 30 th June 1749. 

His EXCELLENCY S Answer. 

Gentlemen : 

I thank you for this kind Address ; It will give me the greatest pleasure to be enabled to shew 
my concern for the future Security and Prosperity of this province by Acts more than words : 
I make no doubt of your Zeal to assist me for these purposes, by your advice and every other 

means in your Power, and I rely on it 

G. C.Lil.N 1 0.N 

Fort George in the City of New York 
30 th June 1749. 

Ordered, that the said Address and Answer be forthwith printed 

Then the Council adjourned [to] the 4 th day of July next at 11 o cl in the morning 



1038 Journal of the Legislative Council of New York. [ 25 s l d 



Tuesday, the 4 A rfy o/ Jw?y, 1749. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

The Council adjourned to Thursday next at 11 o clock in the morning 



Thursday, the 6 lh day of July, 1749. 

The Council met according to adjournment and 
Adjourned until Tuesday next at 11 o clock in the morning 



Tuesday the ll h day of July, 1749. 

The Council met according to adjournment and 
Adjourned to Thursday next at 11 o clock in the 



Thursday, the 13 A day of July, 1749. 

The Council met according to adjournment and 
Adjourned to Tuesday next at 11 o clock in the morning 



Tuesday, the 18 * day of July, 1749. 

The Council met according to adjournment and 
Adjourned to Thursday next at 11 o clock in the morns 



Thursday, the 20 4 day of July, 1749. 

The Council met according to adjournment and 
Adjourned to Tuesday next at 11 o clock in the morn* 



Tuesday the 25" day of July, 1749. 

The Council met according to adjournment and 
Adjourn d to Thursday next at 11 o clock in the morn ff 



Thursday, the 27" day of July, 1749. 

The Council met according to adjournment and 
Adjourned to Tuesday next at 11 o clock in the 



1749.] The Hon. George Clinton, Esq : Governor. 1039 

> 

Tuesday, the 1 s day of August, 1749. 

The Council met according to adjournment and 
Adjourned to Friday next at 11 o clock in the morning 



Friday, the 4" day of August, 1749. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHEUFURD, 
EDWARD HOLLAND, Esq. 

The Council met according to adjournment 

His Excellency having been pleased to require the attendance of the Council at the Council 
Chamber in Fort George. 

The Council went thither accordingly 

Where being met His Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House And the House attending 
accordingly His Excellency was pleased to prorogue the General Assembly until Tuesday the 
twelfth day of September next by a speech in the words following. 

Gentlemen of the General Assembly, 

I am truly sorry, that this Session of the General Assembly must end, without producing 
any one Thing for the Benefit of the People you represent. 

I was in hopes of having an Opportunity of shewing by Acts, more than by Words, my 
sincere Intentions for the Welfare of the People under my Care ; but you have made it too 
evidently appear, that you met together, not to proceed on Business, but to prevent every 
Thing that might be proposed for removing the Differences, which have, most unhappily for 
this Province, subsisted between the Branches of the Legislature. 

You have not so much as introduced one Bill for this Purpose, or for the Benefit of the 
People you represent : Though you pride yourselves on some Occasions in following the 
Precedents in Parliament, I think, you cannot shew one Session of Parliament, in which not 
one Bill was read ; yet this is the Case of this present Session ; and this makes it evident, that 
you met together with a View, not to heal past, but to create new Differences; not to serve 
your Country, but private Piques and Resentments. 

It cannot be said, that I proposed any Thing to you which it was not my Duty to do ; in 
Return to this, you in the following Words, with a Sneer, renew past Cavils at my 
Administration, and which had been long since answered, viz 1 

" We assure your Excellency, that we sincerely wish the breaking open the Storehouses at 
Albany; the Letters wrote to the Judge, Clerk and Sheriff, of Dutchess County, requiring 
them to put a Stop to Proceedings in Cases of private Property ; the Attempts made to 
restrain the Liberty of the Press, and other Things of like Kind, could be buried in perpetual 
Oblivion." 

Since you think it proper to renew these Charges, it is necessary for me to repeat the 
Purport of the Answers formerly given to them. The Case of breaking open the Storehouses 
at Albany, was as follows, viz. 

After any Attempt on Canada, was thought impracticable in that Season of the Year, I 
resolved to march the Troops that had rendezvous d at Albany, to the Great Carrying-Place, by 
which every Thing must pass in going to Canada; and there, under the Cover of these Troops, 
to erect some kind of Fortification, capable of containing five hundred Men. Such Kind of 
Fortification would be necessary for Security of the Stores, &c. in their Transportation, in 
Case the intended Enterprise against Canada, should in the Spring have been renewed ; and 
in doing it then, while the Troops were idle, would have saved Time. As this is a Pass, by 
which the Enemy make their Incursions on our Frontiers, the Enemy s Parties could not escape 
being discovered, and intercepted by such a Number of Men, either in their going towards, or 
returning from the Frontiers ; and it was thought nothing else could be of so much Benefit 
for that Purpose. 

When this was resolved on, I desired Mr. Golden, to ask the Assembly s Commissioners for 
Provisions, whether they would take Care of Provisions, in the March of these Troops to the 
Carrying-Place, and whilst there / Mr. Golden, acquainted the Commissioners with my Design, 
and told them, as the Assembly had entrusted them with the Care of the Provisions, I was 



1040 Journal of the Leislative Council of New York. 






desirous that they should take Care of them ; but that if they refused, I should be under a 
Necessity to appoint some other for that Service : They objected that the Assembly had not 
provided for the Transportation. Mr. Golden, in Answer to this, said, that as the Assembly had 
undertaken to find the Troops levied in this Province with Provisions, they certainly intended 
to pay the Transportation, being an inseperable Incident to that Service: But when the 
Commissioners would not trust to the Assembly for this Expence, Mr. Golden, from me, told 
them, that I would engage to pay the Charge of Transportation, in Case the Assembly refused 
to pay it; and on this they agreed to take Care of the Provisions as was desired ; and I left the 
Place, expecting they would do so. Mr. Golden informed me, that he made use of no other 
Words with the Commissioners, or any Kind of threatning, but as in Substance as above 
related. 

Before I left the Place, as it was doubted whether a sufficient Number of Carriages and 
Carpenters, or other Tradesmen could be obtained, without impressing; I issued a Press 
Warrant in the same Words which had been agreed in a full Council in New- York, before I 
went to Albany. It was several Days after I had left Albany, and when the Forces were all 
ready for their March, the Waggons, &c. in the Streets, when the Commissioners refused to 
deliver out any Provisions to be carried with them : Thereupon the Officers held a Council of 
War, and there resolved to make use of my general Warrant for impressing, to take the 
Provisions by Force; and at the same time Time, offered to give Receipts for what was taken. 
It has not been so much as pretended, that any of the Provision was imbezzled by that Act, or 
converted to any other Use than that for which they were intended. By the Stopping of the 
Provisions, this Service, so useful, for the Security of the Province, became impracticable; and 
this, among many others, evidently shews the Inconveniences and Absurdities, which must 
continually attend the Assemblies assuming to themselves, the executive Powers of Government. 

The Occasion of writing the Letters mentioned, was this: After the Forces levied for the 
Expedition against Canada, were disbanded, some Deserters sued their Captain for their 
Pay; and as it was suspected, that a Country Jury might not have the due Regard to the 
martial Law and Mutiny Act, in such Cases ; I was perswaded to write those Letters : The 
Proceedings at Law were not thereby stopped, and no Man suffered any Injury in his Property 
thereby; I acknowledged my Error in doing it, and offered Redress, as appears by your 
Minutes of the 27th of June, 1748 ; and how becoming it is in you to renew this Complaint, 
after what I had formerly done, you yourselves, in cooler Reflections, may think. 

As to what you call an Attempt to restrain the Liberty of the Press; I did nothing but 
what was my Duty, in endeavouring to prevent the Publication of a Libel against the 
Government. The Printer receives a yearly Salary from the Government; and notwithstanding 
of this, he not only continues to print Injurious Reflections and Falshoods against the 
Administration of Government in this Province, but likewise Lampoons and Sarcasms, on 
the Administration of Government in Great-Britain, and that on Matters of the highest Nature. 
In the Bill for contingent Services, you gave this Printer a Gratuity, over and above his Salary, 
to encourage him for those his extra Services. 

As to the other Things of the like Kind, which you add to these particular Charges, no Man, 
who observes your present and past Disposition of Mind, can believe, that if I had made any 
Slips on which you could have laid hold, that you would have concealed them ; but have 
published them with all the Aggravations that could have been contrived to blacken my 
Character: And after all that you can say, I still have the Pleasure in my own Breast, to think, 
that no Man in this Province can say, that I injured him either in his Liberty, Property or 
Reputation ; and that no Governor ever had, or can have, a greater Inclination to do every 
Thing in his Power, for the Welfare of the People of this Province. 

Whether your Actions be a Proof of the Regard you have to the Preservation of publick 
Credit, and to the Prosperity and Security of the People you represent ; I shall leave with 
your selves to reflect on. 

You have made use of the Sense I have, of Justice due to the publick Creditors, and the 
Compassion I have for them, under the Difficulties some of them labour, by having large Sums 
detained from them, of a long Time due ; as a Temptation to draw me from my Duty ; and I 
hope they are sensible that it is not my Fault that they have no Relief. 

Your refusing to grant the necessary Supplies for obtaining the Liberty of your fellow 
Subjects, Prisoners in Canada, could proceed only from the same Design. I have kept you 
together near a Fortnight after you had broke oft all Intercourse between your Governor and 
you, in hopes that your Compassion for your distressed Brethren in Canada, and the Safety 
of the People of this Province, by preserving the Fidelity of the Indians, would at last 
prevail with you to give the necessary Supplies for that Purpose : Whatever Motive prevailed 
at last with you, to provide in some Sort for this Service, yet rather than recede from that 
unparallel d Resolve, of having no further Intercourse with your Governor, you broke through 
all the established Rules and Orders of Government, in giving Money for it. 

However you may be blamed for this extraordinary Conduct at this Time, I hope the 
Necessity of the Service, and your Obstinacy, will excuse me. 

I come now to a Paragraph in your Address (as you call it) of the 14th of last Month, which 
is highly injurious to the Form of Government established in this Province, to the King and 



1749.] The Hon. George Clinton, Esq : Governor. 1041 

his Ministry, and to all his Majesty s Governors in the Plantations; the Purport of which, is to 
make the People believe, that a Sort of Beggars are sent over Governors of his Majesty s 
Colonies, with a View that they may enrich themselves, and that the Powers and Instructions 
given by the King, to his Governors, are calculated to that Purpose; and that this is the Reason 
why you refuse to yield Obedience to them. Can any Thing appear more daringly undutiful, or 
be more injurious, than this Insinuation? 

I shall answer it, by considering what Facts have happened in this Province, to support so 
heavy a Charge. If I had drawn any the least Sum of Money out of the Treasury, for any 
other Purpose than that for which it was granted, no doubt it would have been exposed in the 
most glaring Light; and as nothing of this Kind is alledged, I stand innocent : I have likewise, 
carefully examined the Minutes of Council and Assembly on this Head for thirty Years past, and I 
cannot find that any Governor, has at any Time been charged with having drawn any publick 
Money for his own Use, either directly or indirectly, other than what the Grantors designed he 
should draw for that Purpose; and I am perswaded no Instance can be given. I offered my 
Consent to any Clause in the Money Bills which has no other Tendency than to prevent 
Misapplication of the Money granted ; surely then this egregious Slander on his Majesty s 
Government and Governors, must be for some other Purposes, than preventing of Imbezelment 
of the publick Money; and it must be for some other Purpose, that you treat the Person of your 
present Governor with the Insolence you do ; such as can no where be parallel d, but where 
there was a formed Design to overturn the Government. 

You have refused to grant Money for the necessary Services, pursuant to the Powers of his 
Majesty s Commission, by which only you are impowered to sit and act as the General Assembly 
of this Province : You must then think, that you can levy Money on his Majesty s Subjects 
by some other Authority, different from that which the King has given. 

You claim the sole Power of issuing y e publick Money, which is in effect taking the 
executive Powers of Government into your own hands. 

You appropriate the Salaries not to the Office, but to the Officer by Name, with a View to 
deprive his Majesty of his Right to the Nomination to Offices. 

You have in a Manner, for which I am perswaded no Precedent can be given, put a Stop to 
all publick Business, and any Intercourse between his Majesty s Governour and Assembly : 
Matters are now brought to an Issue, and must be left to the Judgment of our Superiors. 

Gentlemen, 

I believe, that you yourselves, and all without Doors, who are acquainted with your publick 
Proceedings, expect a Dissolution of the present Assembly : But as the Matters in Dispute are 
now brought to an Issue, and by a Dissolution it may be said, that I disable you from making 
a proper Defence, if you should after this, be called to answer for what has been done ; I am 
unwilling to be thought to take any such Advantage : But as you have already continued 
twelve Days (since your Resolution to go on no Business) without entring upon any, and 
your Constituents are thereby put to an useless Expence, a Prorogation is become necessary; 
and the General Assembly of this Province is accordingly prorogued to the twelfth Day of 
September, then to meet here. 

G. CLINTON. 

Fort-George, in the City of New- York, 
Aug 4, 1749. 



[ N. T. Col. MSS., LXXVI., 99. 1 

BY HIS EXCELLENCY 



The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereto depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 



A PROCLAMATION. 



WHEREAS the General Assembly of this Province stands Prorogued until Thursday the 
thirtieth day of November Instant I have thought fit for his Majesty s service further to Prorogue 
the said General Assembly : And I do by virtue of the Power and Authority unto me granted 

131 



1042 Journal of the Legislative Council of New York. [^ ^ e "/ 8 T- 

by his Majesty, hereby further prorogue the said General Assembly until Tuesday the ninth day 
of January next of which all his Majesty s Subjects concerned therein, are required to take 
Notice, and govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of New York 
the twenty ninth day of November in the year of our Lord one thousand seven 
hundred and forty nine and in the twenty third year of his Majesty s Reign 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAK D. SCcry 

God save the KING. 



[N T. Col. MSS., LXXVI., 105.] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until the Ninth day of 
January Instant I have thought fit for his Majestys service further to Prorogue the said General 
Assembly And I do by virtue of the Power and Authority unto me granted by his Majesty 
hereby further Prorogue the said General Assembly unto Tuesday the twentieth day of March 
next Of which all his Majesty s subjects concerned therein are required to take notice and 
govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of Nr.w York 
the sixth day of January in the year of our Lord one thousand seven hundred 
and forty nine and in the twenty third year of his Majesty s Reign 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAR D. Secry 

God save the KING. 



[N. Y. Col. MSS., LXXVI., 118.] 

BY ms EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until the twelfth day of 
this Instant June I have thought fit for his Majesty s service further to Prorogue the said 
General Assembly ; and I do by virtue of the Power and Authority unto me granted by his 



1750.] The Hon. George Clinton, Esq: Governor. 1043 

Majesty hereby further Prorogue the said General Assembly unto Tuesday the twenty fourth 
day of July next Of which all his Majesty s Subjects concerned therein are to take Notice and 
Govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of New York 
the ninth day of June in the year of our Lord one thousand seven hundred 
and fifty and in the twenty third year of his Majesty s Reign. 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAK D. Secnj 

God save the KING. 



[X. T. Col. MSS., LXXVI., 123.] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON, Captain General and Governor in Chief of the 
Province of New York and Territories thereon depending in America, Vice Admiral of 
the same, and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

"WHEREAS the General Assembly of this Province stands Prorogued until the Twenty-fourth 
Day of this Instant July : 

I have thought fit for his Majesty s service; and I do, by virtue of the Power and Authority 
unto me granted by his Majesty, DISSOLVE the said General Assembly, and they are DISSOLVED 
accordingly. 

Given under my hand and seal at Arms, at Fort George, in the City of New York, 
the Twenty-first Day of July, in the year of our Lord, One Thousand Seven 
Hundred and Fifty, and in the Twenty fourth year of the Reign of our 
Sovereign Lord George the Second, by the Grace of God, of Great Britain, 
France and Ireland, King, Defender of the Faith, &c 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAR, Dtp. Secry 

God save the KING. 



TWENTY-SIXTH ASSEMBLY FIRST SESSION 



At a Session of the Council and General Assembly of the Province of New York 
begun and /widen at the City Hall in the City of New York on Tuesday the fourth 
day of September 1750 in the twenty fourth year of the Reign of King Greorge the 
Second. 

His Excellency the Hono ble George Clinton Captain General and Governour in Chief of the 
said Province having Prorogued the late General Assembly at sundry times from the 12 th day 
of September 1749 to the 24 th day of July 1750 was pleased to Dissolve them by Proclamation 
bearing date the twenty first day of July last and afterwards to order Writts to be issued for 
electing Representatives to serve in General Assembly. And the said Writts being returnable 
on his Day 

The Council met accordingly 

PRESENT The Hon l!e CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

His Excellency having required the Attendance of the Council at the Council Chamber in 
Fort George, The Speaker left the Chair and the Council went thither accordingly 

Where being met His Excellency came to the Council Chamber and sent a Message requiring 
the immediate attendance of the Members of the General Assembly who were qualified. 

The said Members attending accordingly 

His Excellency was pleased to direct them to return to the Assembly Chamber and choose a 
Speaker and Present him for his Approbation immediately. 

And the said Members of the General Assembly being returned to the Council Chamber 
presented David Jones Esq r for their Speaker to His Excellency for his Approbation. 

Which choice his Excellency was pleased to approve of. 

Then the said David Jones Esq r after a short apology for himself, desired his Excellency, in 
behalf of the House, That their words and actions, might constantly have a favourable construction. 
That the Members might from time to time have free Access to his Excellency and Tliat they 
and their Servants might be priviledged & protected as usual Which his Excellency was pleased 
to Grant 

His Excellency then made a Speech to the Council and General Assembly and delivered one 
Copy thereof to the Speaker of the Council and another to the Speaker of the General Assembly 

The Council returned to the Council Chamber in the City Hall. 

The Speaker assumed the Chair 

Then the Council adjourned til 3 o clock P Merid" 1 . 



Tuesday, the 4 A day oj September, 1750, P . Mer: 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND Esq". 

The Speaker assumed the Chair 

The Speaker Reported that the Council and General Assembly had attended his Excellency 
this Morning at the Council Chamber in the Fort And that his Excell y had been pleased to 
make a Speech to the Council and General Assembly of which his Excellency had given him n, 
Copy which he delivered in at the Table. 



1750.] The Hon. George Clinton, Esq : Governor. 1045 

Ordered, that his Excellency s Speech be now Read 

Then the same was Read and 

Ordered to be entered in the minutes and is as follows, viz 

Gentlemen of the Council, and General Assembly, 

One great Inducement for my calling you together at this Time is, to give you an Opportunity 
of making a proper and seasonable Provision for that important Garrison at Oswego, which has 
been supported by Advance on the Publick Credit: But as none are willing to advance longer 
on that Credit, it becomes necessary that this Expence be immediately provided for ; not only 
to pay what is already due to the Person who has supplied that Garrison for some time pnst, 
but likewise for its future support The Mischiefs which must happen by withdrawing that 
Garrison, are too obvious to need mentioning, and unless the necessary Supplies be granted, 
they cannot be avoided. 

The present State, and the Security of the Frontiers for the Future, likewise deserve your 
serious Attention. This can be done properly in Time of Peace only : Tis too bite to think of 
it, when we are threatened with, or in actual War ; it m;iy then become impracticable. The 
necessary Expence becomes so heavy on the People in Time of War, that it ought (as much as 
possible) to be lessened, by a previous Care, in what is in your Power to do in Time of Peace. 

It has (I am informed) been usual for the Governors of this Province, to meet the Indian 
Nations depending on this Government, after the Conclusion of a Peace : As no Provision has 
been made for the necessary Expence attending this Service, it has not been in my Power to 
perform it. I am affraid this may have a bad Effect on the Minds of the Indians, at this Time, 
when the French of Canada, (according to the Informations I have received) are indefatigable 
in infusing Prejudices into them, to our Disadvantage. I am likewise informed, that the French 
have incited several of the Indi;m Nations, depending on and in alliance with the English 
Colonies, to make W;ir on each other. This requires a speedy Remedy, as these Intrigues of the 
French are not only destructive of the extensive and beneficial Commerce the English have 
with numerous Indian Nations, but may likewise render the safety of the Colonies precarious 
hereafter. I cannot doubt of your using all the Means in your Power, for preserving and 
enlarging the British Commerce, among the Indians, and for securing their Fidelity ; and that 
you will enable me to pursue the measures necessary for that End. 

The Government of this Province has been now two Years without any Support : This not 
only requires your Care, in Regard to what is duo to the Officers of Government for their past 
Services, and the contingent Charges which have already occurred, but likewise for the future 
Support of the Government : In doing this, no better rule can be followed than that which is 
given in the Commission to the Governors of this Province, (which is the Foundation of the 
Legislative Authority in it) and the royal Instructions which accompany those Commissions; 
Copies of which, so far as relates to the Support of Government, and the Manner of raising and 
issuing of the publick Money, are on your Registers: On this Occasion I must remark, that the 
Commission and Instructions on these Matters, have remained the same ever since the happy 
Revolution : They were formed by the great Ministers who distinguished themselves at that 
Time, by their knowledge of, and Zeal for the English Constitution, and Liberty of the People ; 
they have been reviewed from time to time, and confirmed by the Judgment of succeeding 
Ministers, who have no less distinguished themselves by their strictly adhering to the Constitution, 
and by their Love to the Country : They therefore, as well as the Authority with which they 
are enforced, deserve your strictest Regard. 

I hope I need not with many Words, recommend the Observance of that Instruction which 
forbids Matters of a different Nature to be included in the same Bill : This is done not only to 
preserve the Freedom of Judgment in the several Branches of the Legislature from any 
Constraint, but likewise to preserve the King s Right,, in confirming or repealing the Laws 
passed in this Province, and which must seem to be designedly invaded, when Matters necessary 
for his Service, are tacked to others which he may think prejudicial: On this Head I must 
observe, that it is not usual in Parliament to make Provision for any services which have not 
been previously recommended, and that the mixing Services which have been thus allowed, 
with those that are not, may be thought an Attempt to bar the Right which the King has, of 
judging of the Merits of his Servants, and their Services. 

Gentlemen of the Assembly, 

I must demand of you the necessary Supplies for the Services which I have recommended to 
your Consideration, and particularly to make Provision for the Garrison of Oswego ; the Support 
of Government, and the Payment of the publick Debts, which have for some Time been so justly 
due, particularly Colonel Johnson s, who so generously advanced for the publick Service : 
Accounts of which shall be laid before you. You have now a fair Opportunity of demonstrating 
your Loyalty to your King, and your Attachment to the Interest and Welfare of your Country. 



1046 Journal of the Legislative Council of New York. 






Gentlemen of the Council and Assembly, 

I chuse to shew my Inclinations to do every Thing in my Power, for the Peace and Prosperity 
of the People of this Province, by my Actions rather than by Words ; by a chearful Concurrence 
with you in every Thing that may be for his Majesty s Service, and the Good of his People. I 
earnestly recommend to you, to think of what means may best encourage the Agriculture and 
Trade of the Province, or such Manufactures as may be the most useful to your Mother Country. 
You may learn from the Act for the encouragement of the Importation of Iron into Great 
Britain, from the Colonies, p-.issed in the last Session of Parliament, and from the Act for the 
encouraging of the Whale Fishery, and the manufacturing of Indigo; that you may expect all 
proper Encouragement for such Purposes. 

G. CLINTON. 

Fort George in the City of New York > 
September 4 tb 1750. > 

Ordered, that his Excellency s Speech be forthwith printed. 

Then M r Holland moved that an humble Address be presented to his Excellency upon the 
Subject matter of his Speech. 

Resolved, that an humble Address be presented to his Excellency accordingly. 

Ordered, that M r Kennedy, M r Rutherfurd and M r Holland he a Committee to prepare the 
Draft of said Address and that they lay the same before the Council on Thursday next 

Ordered, on motion of the Hono ble John Rutherfurd Esq r That the Treasurer of this Province 
do on or before Thursday the twentieth day of September Instant, lay before the Council, an 
Account of all moneys received by him, by virtue of any Act or Acts of the Legislature of this 
Province, from the time his Excell y the Hono ble George Clinton entered upon the Administration 
of this Government, and of all Payments since made by him, specifying by what Act or Acts 
the same were received, to whom by name the several payments were made, and by what Order, 
Warrant or Authority, to this Day And that the Account be made out in such a manner that 
the Ballance remaining in his Hand upon each Fund granted may appear : As also a state of 
the public Debts and Fonds at the time, his said Excellency entered upon the Administration of 
this Government : And that the Deputy Clerk of the Council do forthwith serve the Treasurer 
with a Copy of this Order 

The Council adjourned til Thursday morning 11 o clock 



Thursday, the sixth day of September, 1750. 
The Council met according to adjournment. 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair. 

M r Holland from the Committee appointed to prepare the Draft of an Address to his Excellency 
presented the same to the Council Which was Read and 

On the Question being put, agreed to and approved of. 

Ordered that the Address be Engrossed. 

The Engrossed Address to his Excellency was read and 

Ordered to be signed by the Speaker 

And the Speaker having signed the snme, 

Ordered, that M r Kennedy and M r Holland do wait on his Excellency to know when he will 
be pleased to be attended with the Council s Address 

Then the said Gentlemen withdrew and being Returned Reported that they had attended his 
Excellency with the above Message And that his Excellency was pleased to appoint immediately 

Then the Speaker left the Chair and with the Council went to present their Address to his 
Excellency and being Returned 

The Speaker resumed the Chair and Reported that having attended his Excellency and 
presented to him the Council Address His Excellency had been pleased to return a favourable 
answer thereto. And the same being read 

Ordered, that the said Address and Answer be entered in the Minutes which are as follow viz : 



1750.] The Hon. George Clinton, Esq : Governor. 1047 

To His Excellency the Hono ble GEORGE CLINTON Captain General and Governor in Chief of the 
Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of His Majesty s Fleet 

The humble ADDRESS of the Members of his Majesty s Council for the Province 
of New York 

May it please your Excellency 

We His Majesty s most dutiful and loyal Subjects, the Members of the Council for the 
Province of New York, return our humble Thanks to your Excellency, for your Speech. 

We are extremely sensible how nearly it concerns this Government, to support the Garrison 
at Oswego, both on Account of the Trade carried on there, and the means it is of securing the 
Fidelity and Friendship of the Six Nations, and other Indians : And your Excellency may rely 
on our utmost endeavours, to promote the necessary measures for its support : And for restoring 
the Publick Credit, on which the Honour, Welfare and Safety of the Province so much depend. 

We agree in your Excellency s Sentiments, that the Securing our Frontiers, must be effected 
with greater ease to the People in time of Peace, than in War ; and therefore think it justly 
merits our immediate attention. 

It has been usual for the Governors of this Province, to meet the Indians after the conclusion 
of a Peace ; which we conceive to be the more necessary at this Juncture ; as it may have a 
tendency to defeat the Intrigues of the French, who are ever indefatigable in Prejudicing them 
against the English. 

We assure your Excellency, of our Readiness to concur in any proper Measures for the 
support of this his Majesty s Government, and for Payment of the Publick Debts ; and in doing 
this, as your Excellency well observes, no better Rule can be followed, than that which is given 
by his Majesty s Commission and Instructions : from which we know of no Deviations, but 
have been attended with bad consequences 

We return your Excellency our Thanks, for the Readiness you express to do every thing that 
may be for his Majesty s Service, and the good of his People ; and assure your Excellency 
nothing shall be wanting on our Part to Promote so desireable purposes. 

By order of the Council 

CADWALLADER GOLDEN Speaker 
Council Chamber City of New York ) 
6th September 1750 ) 

His EXCELLENCY S Answer 
Gentlemen, 

I thank you for this Address ; I shall have a due regard to your Advice ; and I trust to your 
Assistance in the Matters which I recommended to you; and in every thing which may be for 
his Majesty s Service, and the good of his People of this Province. 

G. CLINTON. 
Fort George in New York ) 
6 th September 1750. > 

Ordered, that the said Address and Answer be forthwith printed 
The Council adjourned to Saturday 10 o clock A. M. 



Saturday, the 8 A day of September, 1750. 
The Council met according to adjournment. 

PRESENT The, Hono Me ARCHIBALD KENNEDY, Esq r Speaker, 

JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicoll and M r Thomas with the Bill Entituled 
"An Act to revive the two Acts therein mentioned for and towards supporting the Government 
of this Colony" Desiring the Concurrence of the Council thereto. 

Ordered, that the said Bill be now Read 

Then the said Bill was Read the first time and 

Ordered a second Reading 

The Council adjourned to Monday 3 o clock P. M. 



1048 Journal of the Legislative Council of New York. [^ i 8 9 s : 

Monday, the 10" day of September, 1750. P. M. 
The Council met according to adjournment. 

PRESENT The Hono 6 CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHERFURD, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to revive the two Acts therein mentioned for and 
towards supporting the Government of this Colony " be now read the Second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Hono ble Edward Holland Esq r took his seat 

The Council Resolved themselves into a Committee to consider of the said Bill And the 
Committee being ready to make their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported That the Committee 
had gone through the said Bill and directed him to Report the same without Amendment 

Which Report on the Question being put was agreed to and approved of And the Bill 

Ordered to be read a third time 

The Council adjourned til to morrow morning 11 o clock 



Tuesday, the 11 * day of September, 1750. 
The Council met according to adjournment. 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN RUTHERFORD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, An Act to revive the two Acts therein mentioned, for and 
towards supporting the Government of this Colony" be now read the third time. 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 

His Excellency being come to the Council Chamber sent a message to the General Assembly 
requiring their immediate attendance. And they attending accordingly 

His Excellency was pleased to give his Assent to the following Bill viz 

An Act to revive the two Acts therein mentioned for and towards supporting the Government 
of this Colony 

After which the said Act was published And his Excellency returned to the Fort 

The Speaker resumed the Chair. 

The Council adjourned to Tuesday the 18 th Instant at 11 o clock A. M. 



1750.] The Hon. George Clinton, Esq. : Governor. 1049 

Tuesday, the 18 A day of September, 1750. 
The Council met according to adjournment 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN RUTHERFURD, 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard & M r Micheaux with the Bill Entituled, 
"An Act to revive An Act entituled, An Act to provide able Pilots and to establish their 
Pilotage between Sandy Hook and the Port of New York" Desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be now read. 

Thf-n the said Bill was read the first time & 

Ordered a second Reading. 

The Council adjourned til Thursday next at 11 o clock in the Forenoon 



Thursday, the 20 /A day of September, 1750. 
The Council met according to adjournment. 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicoll and Coll Beekman with the Bill 
Entituled, "An Act further to continue An Act Entituled, An Act to lay a Duty of Tonage on 
the Vessels and for the time therein mentioned with an Explanation and addition thereto " 
Desiring the concurrence of the Council to the said Bill 

Ordered, that the Bill be now read 

Then the said Bill was read the first time and 

Ordered a second Reading 

The Treasurer of this Province attending without was called in and prayed the Council to 
grant him further time to prepare and bring in the Account mentioned in the order of this 
Board of the 4 th Instant and then withdrew. 

Ordered, that the Treasurer do prepare and lay the said Account before the Council in three 
weeks. 

Ordered, that the Bill Entituled, "An Act to revive An Act entituled, An Act to provide Able 
Pilots and to establish their Pilotage between Sandy Hook and the Port of New York" be 
now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

The Council adjourned to Tuesday the second day of October at 11 o clock A M.- 



132 



1050 Journal of the Legislative Council of New York 






Tuesday, the second day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono 116 CADWALLADEK GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Col Schuyler and M r Thomas with the Bill 
Entituled, "An Act to let to farm the Excise on Strong Liquors retailed in this Colony from 
the second day of October next to the first day of January which will be in the year (if uur 
Lord one thousand seven hundred & fifty one" Desiring the concurrence of the Council thereto. 

A Message from the General Assembly by M r Micheaux and M r Hardenbergh with the Bill 
Entituled, "An Act to restrain Tavernkeepers and Innholders from selling Strong Liquors to 
Servants and Apprentices and from giving large credit to others" Desiring the concurrence of 
the Council thereto. 

A Message from the General Assembly by M r Miller & M r Cornel with the Bill Entituled, "An 
Act to continue An Act Entituled, An Act for Encouragement of Whaling " Desiring the 
Concurrence of the Council thereto. 

A Message from the General Assembly by M r Thomas and M r Cornell with the Bill Entituled, 
"An Act for naturalizing Jochum Melchior Magens" Desiring the concurrence of the Council 
thereto. 

The Hono ble James De Lancey Esq r took his seat. 

Ordered, that the said Bills be now read. 

Then the said four Bills were read the first time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act further to continue An Act Entituled, An Act to 
lay a Duty of Tonage on the Vessells and for the time therein mentioned with an Explanation 
and Addition thereto " be now read the second time 

Then the said Bill was read the second time & 

Ordered to be committed 

Then the Council adjourned to Thursday the 4 th Instant at 11 o clock A. M. 



Thursday, the 4 A day of October, 1750. 
The Council met according to Adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND Esq rs 

The Speaker assumed the Chair. 

A Message from the General Assembly by Col. Schuyler and Capt. Richard with the Bill 
Entituled, " An Act to enable his Excellency the Governor to meet to Six Nations of Indians 
at Albany to make them the usual Presents there " Desiring the concurrence of the Council 
thereto. 

Ordered, that the said Bill be now read. 

Then the said Bill was read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, " An Act to let to farm the Excise on Strong Liquors retailed 
in this Colony from the second day of October next to the first day of January which will be 
in the year of our Lord 1751 ; 

The Bill Entituled, " An Act to continue An Act Entitul d, An Act for Encouragement of 
Whaling, And 

The Bill Entituled, An Act for Naturalizing Jochum Melchior Magens, be now read the 
second time. 

Then the said Bills were read the second time & 

Ordered to be committed. 

The Council adjourned til to morrow morning 9 o clock. 



1750.] The Hon. George Clinton, Esq: Governor. 1051 

Friday, the 5 th day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LAXCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to restrain Tavernkeepers and Innholders from 
selling Strong Liquors to Servants & Apprentices and from giving large Credit to others And 

The Bill Entituled, An Act to enable his Excellency the Governor to meet the Six Nations of 
Indians at Albany to make them the usual presents there " be now read the second time : and 

Then the said Bills were read the second time and 

Ordered to be committed 

The Council Resolved themselves into a Cdmittee on the last mentioned of the said two Bills 
and the Committee having duely weighed and considered of the same and being ready to make 
their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill and had directed him to Report the same with several 
amendments 

And the said Amendments being read 

The Committee s Report On the Question being put was agreed to and approved of and 

Ordered, that the said Bill be read the third time as amended 

Then the Council adjourned til to morrow morning 10 o clock 



Saturday, the sixth day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono ll CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Cornell and M r Thomas with the Bill Entituled, 
"An Act to Continue An Act Entituled, An Act to prevent the penning and folding of Sheep 
and Neat Cattle feeding on Hempstead Plains " Desiring the Concurrence of the Council 
thereto. 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered to be read a second time. 

The Bill Entituled, "An Act to enable his Excellency the Governor to meet the Six Nations 
of Indians at Albany to make them the usual Presents there." Was read the third time as 
amended and 

On the Question being put 

Resolved, that the Bill as amended do pass. 

Ordered, that the Hono ble John Rutherfurd Esq r do carry the said Bill with the Amendments 
to the General Assembly and acquaint them that the Council have passed the said Bill with 
those Amendments to which they desire their Concurrence 

The Council Resolved into a Committee on the Bill Entituled, "An Act to let to farm the 
Excise on Strong Liquors retailed in this Colony from the second day of October next to 
the first day of January which will be in the year of our Lord 1751. 

The Committee having gone through the said Bill and being ready to make their Report 
thereon. 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 



1052 Journal of the Legislative Council of New York. [ 2 " 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill and had directed him to Report it without amendment 

Which Report on the Question being put was agreed to and approved of And the Bill 

Ordered a third reading 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass 

Ordered, that the Iiono ble John Rutherfurd Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment 

The Hono ble Joseph Murray Esq r took his seat 

The Council adjourned to Wednesday next 10 o clock A. M. 



Wednesday, the 10 * day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq rs . 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Nicol & Col Schuyler with the Bill Entituled, 
" An Act to enable his Excellency the Governor to meet the Six Nations of Indians at Albany 
to make them the usual presents there" with the amendments made thereto by the Council 
acquainting the Council that the General Assembly conceives that the said Bill is a Money Bill 
and therefore they cannot agree to any amendments made thereto by the Council 

The Hono ble John Rutherlurd Esq r took his seat 

Then M r Golden proposed that the Council should come to the following Resolutions upon 
the said Message. 

"That the Council have a right to amend any Bill containing any matter or Thing which 
they conceive to be derogatory to his Majesty s prerogative or authority or prejudicial to his 
People. 

That the present Bill Entituled, " An Act to enable his Excellency the Governor to meet the 
Six Nations of Indians at Albany to make them the usual presents there" cannot with any 
propriety be called a Money Bill, since not one penny is granted thereby. 

That the Legislature of this Province sit arid act by the authority of the King s Commission 
to the Governor of this Province only. 

There being a clause in his Majesty s Commission to the Governor in chief of this Province 
in the following words viz 1 

And Our further Will and Pleasure is that all publick money raised or which shall be raised 
by any Act to be hereafter made within Our said Province and other the Territories depending 
thereon be issued out by Warrant from you by and with the advice and consent of our Council 
and disposed of by you for the support of the Government and not otherwise. 

That the several Amendments of the Council were either to make the Bill conformable to that 
clause, or to render it more effectual for the service intended to be done. 

That every Act of the Legislature of this Province containing any Clause or Thing which is 
contradictory to the King s Commission, or not warranted by it, is so far void. 

That the Treasurer of this Province cannot be indempnifyed for issuing or paying any publick 
Money otherwise than by Warrant from the Governor with the advice and consent of his 
Majesty s Council." 

Resolved, that the consideration of what M r Golden has proposed as Resolutions proper to be 
taken by this Board be deferred to the next meeting of the Council and that the absent members 
be summoned to attend 

The Council adjourned til Friday 10 o clock A. M. 



1750.] The Hon. George Clinton, Esq: Governor. 1053 

Friday, the twelfth day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono u<> CADWALLADER COLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Hardenbergh and Col Beekman with the Bill 
Entituled, " An Act to continue An Act entituled, An Act for the better clearing and .further 
laying out publick High Roads in the County of Ulster" Desiring the concurrence of the 
Council thereto. 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second Reading 

The Petition of Jochum Melchior Magens was presented and Read Praying the Council to 
pass the Bill for his Naturalization now before the Board The Petitioner having agreed for the 
Purchase of a farm upon Nassaw Island for which he is advised he cannot receive a good Title 
in his own name being as yet an Alien 

The Council Resolved into a Committee on the Bill Entituled, "An Act for naturalizing 
Jochum Melchior Magens. 

The Hono ble John Rutherfurd Esq r took his seat 

The Committee having duely weighed & Considered of the said Bill & being ready to make 
their Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee Reported that the Committee had gone 
through the said Bill and directed him to Report it without amendment. 

Which Report on the Question being put was agreed to and approved of And the Bill 

Ordered a third Reading 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved that the said Bill do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 

His Excellency being come to the Council Chamber sent a Message to the General Assembly 
requiring their immediate attendance 

And they attending accordingly 

His Excellency in presence of the Council and General Assembly was pleased to give his 
Assent to the two following Bills viz 

An Act to let to farm the Excise on Strong Liquors retailed in this Colony from the second 
day of October next to the first day of January which will be in the year of our Lord one 
thousand seven hundred and fifty one. And 

An Act for naturalizing Jochum Melchior Magens 

After which the said Acts were published as usual and his Excellency returned to the Fort. 
The Speaker resumed the Chair 

Ordered, that the consideration of M r Coldens Proposals made in Council the 10 lh Instant be 
deferred to Tuesday next 

Then the Council adjourned til Tuesday 11 o clock A. M. 



1054 Journal of the Legislative Council of New York. [ 2 i 8 t g". 

Tuesday, the Sixteenth day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col Schuyler and M r Van Slyck with the Bill 
Entituled, "An Act for the better clearing and further laying out publick High Roads in the 
City and County of Albany" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by Col Beekman & M r Hansen with the Bill Entituled, 
An Act to raise a sum not exceeding one hundred and thirty pounds for finishing the Court 
House and Gaol in the County of Dutches and defraying such charges as are already laid out & 
expended towards the building the said Court House and Gaol." Desiring the concurrence of 
the Council ihereto. 

Ordered that the said Bills be now read 

Then the said Bills were read the first time & 

Ordered a second Reading 

The Council adjourned till Saturday 10 o clock A. M. 



Saturday, the 20 A day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono m ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Spenker assumed the Chair 

A Message from the General Assembly by M r Nicol & Col Schuyler with the Bill Entituled, 
"An Act for regulating Fences for the severnl Cities & Counties within this Colony of New 
York " Desiring the concurrence of the Council thereto. 

A (Message from the General Assembly by M r Nicol & M r Le Conte with the Bill Entituled, 
"An Act to continne the several Acts therein meniioned " Desiring the concurrence of the 
Council thereto. 

A Message from the General Assembly by M r Nicoll and M r Thomas with the Bill Entituled, 
" An Act further to continue An Act Entituled, An Act to encourage the destroying of Wild 
C.itts in the County of Suffolk" Desiring the concurrence of the Council thereto. 

Ordered, that the said ihree Bills be now rend 

Then the said three Bills were read the first time and 

Order d a second Reading 

The Council adjourned til Tuesday 11 o clock A. M. 



Tuesday, the 23 d day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono Jle ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN RUTHERFURD, 
EDWARD HOLLAND. 

The Speaker assumed the Chair. 

The Council adjourned til Friday morning 11 o clock. 



1750.] The Hon. George Clinton, Esq: Governor. 1055 

Friday, the 26 A day of October, 1750. 
The Council met according to adjournment 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq", Speaker, 

JAMES DE LANCEY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Hansen and Coll. Lot with the Bill Entituled, 
"An Act to encourage the destroying of Wolves in the County of Albany" Desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by Col Beekman & M r Van Slyck with the Bill 
Entituled, " An Act to prevent Damages by Swine in Dutches County " Desiring the 
concurrence of the Council thereto 

A Message from the General Assembly by Coll Lott and M r Snedeker with the Bill Entituled, 
" An Act to prevent killing of Deer" Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Van Slyck and M r Hardenbergh with the Bill 
Entituled, " An Act to revive An Act Entituled, An Act to empower the Justices of the peace 
in the County of Albany living or dwelling in the Town of Schenectady in the said County to 
regulate the Streets & Highways and to prevent Accidents by Fire in the said Town." Desiring 
the concurrence of the Council thereto. 

Ordered, that the said four Bills be now read. 

Then the said Bills were read the first time and 

Ordered, a second Reading 

The IIono ble Joseph Murray and John Rutherfurd Esq" took their seats 

Ordered, that the following Bills be now read the second time viz 

The Bill Entituled, " An Act to continue An Act entituled, An Act to prevent the penning 
& folding of sheep & Neat Cattle feeding on Hempstead Plains" 

The Bill Entituled, An Act to continue An Act Entituled, An Act for the better clearing and 
further laying out publick High Roads in the County of Ulster 

The Bill Entituled, " An Act for the better clearing and further laying out publick High 
Roads in the City and County of Albany" 

The Bill Entituled, " An Act to raise a sum not exceeding ,130 for finishing the Court House 
and Goal in the County of Dutches arid for defraying such charges as are already laid out and 
expended towards the building the said Court House and Gaol " 

The Bill Entituled, " An Act for regulating Fences for the several Cities & Counties within 
this Colony of New York " 

The Bill Entituled, " An Act to continue the several acts therein mentioned " and 

The Bill Entituled, " An Act further to continue An Act Eutituled, An Act to encourage the 
destroying of Wild Catts in the County of Suffolk." 

Then the said seven Bills were read the second time & 

Ordered to be committed. 

The Council Resolved themselves into a Committee to consider of the following Bills viz 

The Bill Entituled, " An Act to revive An Act, Entituled, An Act to provide able Pilots and 
to establish their Pilotage between Sandy Hook and the Port of New York" 

The Bill Entituled, An Act to restrain Tavernkeepers and Innholders from selling Strong 
Liquors to Servants and apprentices and from giving large Credit to others " and 

The Bill Entituled, "An Act to continue An Act Entitled, An Act for Encouragement of 
Whaling." 

The Committee having gone through the said Bills and being Ready to make their Report 
thereon. 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bills and had directed him to report them without any amendment. 

Which Report on the Question being put was agreed to and approved of And the said Bills 

Ordered a third Reading. 

The Council adjourned to Friday next 11 o clock A. M. 



1056 Journal of the Legislative Council of Neiv York. 






Friday, the second day of November, 1750. 
The Council met according to adjournment 

PRESENT The Hon bte ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DK LANCET, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

The Treasurer attending without was called in and according to order laid before the Council 
several accounts the Titles whereof are as follow, viz* 

A General Account of what the several Duties &c have amounted to for supporting this 
Government to wit from the first day of September 1743 until the first day of August then 
next following with an Account of the several Payments thereon during the same time. By 
which Account there appears to be a Ballance due in favour of the Support of this Government 
to 1 st August 1744 of the sum of ....................................... ,-2954. 7. 1 

A General Account of what the Duties &c have amounted to for Supporting this Government 
from the first day of August 1744 until the first day of September 1745 together with the 
several Payments made thereon during the same time. By which there appears to be due to 
the Treasurer a Ballance of ............................................ .122. 3. 5 

A General Account of what the said Duties have amounted to from the 1 st September 1745 
to the first of September 174(5 together with the Payments made thereon during the same time 
By which there appears to be a Ballance in favour of the Government of ....... 33. 6. Gi 

Exclusive of the several sums which stil remain unpaid to several Persons named in a 
Memorandum at the Foot of this Account which several sums amount to ..... .1275. 13. 

A General Account of what the said Duties have amounted to from the 1 st September 1746 
to the 1 st September 1747 with the Payments made thereout during the same time. By which 
there appears to be a Ballance due to the Government of ........... ., ...... ,700. 15. 10 J 

And by a Memorandum at the Foot of this Account there appears to be due to the several 
Persons therein mentioned ............................................ .1377. G. 4 

A General Account of what the said Duties have amounted to from the 1" of September 
1747 until the first day of January 1749 with an Account of the several Payments made out of 
the same. By which there appears" to be a Ballance due to the Government of ,7255. G. 9 

An Account of Moneys received from Hawkers and Pedlars from the 1 st of Sepl r 174S to the 
1 st of Septem r 1750 pursuant to An Act passed in the thirteenth year of his present Majesty s 
Eeign By which it appears that the Treasurer has received .................. .200. 0. 

which sum is therein mentioned to be unapplyed 

An Account of Moneys received by the Treasurer from the several Loan Officers therein named 
pursuant to An Act passed in the year 1737 By which it appears that the said Moneys were 
paid to the Treasurer on & between the 11 th day of May 1749 and the 2S tb day of May 1750 
and amounted to the sum of ........................................... .3283. 10. 

and that the Loan Officers of Ulster County have not paid 

An Account of the Receit and Payment of ,28.000 struck and issued and paid into the 
Treasury pursuant to An Act published the 25 th November 1747 Entituled, "An Act for raising 
a supply of 28.000 By a Tax on Estates Real and personal, for defraying the Expence of 
several services necessary for the defence of the Frontiers & Annoyance of the Enemy, for 
Emitting Bills of Credit for the like sum and for sinking and cancelling the said Bills in short 
Periods" together with an account of what sums of Money have been paid out of the same 
pursuant to several Acts of the Legislature of this Province. By which a Ballance appears to 
be due in favour of the Government of ................................... ,3-54. 15. 8J 

An Account of the Receit and Payments of .40,000 Pursuant to an Act passed the 15 th July 
174G Entituled, "An Act for raising a supply of forty thousand pounds by a Tax on Estates 
Real & Personal for carrying on an Expedition against the French in Canada; for Emitting 
Bills of Credit for the like sum, and for Sinking and Cancelling the said Bills in Short Periods 
and for other purposes therein mentioned" By which there appears to be a Ballance due in 
favour of the Government of ............................................ ,31 0. 3J 

An Account of the Receit and Payments of 13,000 Pursuant to an Act published the 
3 d May 1746 Entituled, "An Act for raising a Supply of the Sum of thirteen thousand pounds 
by a i ax on Estates Real and Personal for the more effectual fortifying this Colony, for the 
Emitting Bills of Credit for the like sum for the immediate answering the necessary Services; 
and for the sinking and cancelling the said Bills at the several short periods therein mentioned" 
By which there appears a Ballance in favour of the Government of .......... ,1419 JG. 3. 

An Account of Money received by the Treasurer Pursuant to An Act Published the 27 th day 
of February 1745 Entituled, An Act for raising the sum of 3375 by a Publick Lottery for 
this Colony for the more effectual fortifying the City of New York" of the Money borrowed 



1750.] The Hon. George Clinton, Esq : Governor. 1057 

to make good the deficiency of the adventured Tickets And of what Payments have been made 
out of the same By which there appears a Ballance in favour of the Government of ,203 15. 0. 

An Account of the sum of five thousand pounds borrowed from the Excise Fund Pursuant to 
an Act published the 6 th of July 1745 towards the expedition carrying on against Cape Breton 
and of the Payments made out of the same By which there appears a Ballance in favour of the 
Government of ,18(5-5 14. 4. 

An Account of the sum of ,270 Borrowed out of the Tonage Pursuant to an Act published 
the 14 th May 1745 Entituled, " An Act to repay the sum of ,270 advanced by the several 
Persons for the Services therein mentioned " 

An Account of what Money has been borrowed [from the Excise] and paid pursuant to an 
Act published the 6th July 1745 Entituled,." An Act for erecting and repairing Fortifications 
within this Colony for defraying the charge of several services fir the Defence & Security of 
the same and other purposes therein mentioned. In which the Treasurer charges himself with 
1 1 1. 0. yet remaining unpaid to the Persons therein named, which sum when paid will 
Ballance this account 

An Account of Moneys borrowed out of the Duty of Tonage and paid to the several Persons 
mentioned in the Account pursuant to an Act published the 29 th of November 1745 Entituled, 
"An Act for paying the sum of 1511 12. for ihe service of this Colony" Which Account 
is Ballanced hy the sum hf ,20. 0. stil to b-? paid to the Commanding Officer of Oswego. 

An Account of Moneys received by the Treasurer pursuant to An Act publshed the 21 st 
September 1744 P^ntituied, "An Act to raise and collect in this Colony the sum of ,3200 
(or putting it in a proper Posture of Defence and for discharging the sever. il services which 
the present state of A (Errs make it necessary to provide for, and of the payments made 
pursuant to the said Act. Upon which Account there appears a Ballance due to the Govern 
ment ot 2S. ]\. 

An Account of the money borrowed [from the Excise] and pud pursuant to an Act published 
tli" 19 h day of May 1744 Entituled, An Act for repairing & comple iting the Foriifica ions of 
tiiis Colony for defraying the charge of the several serviced therein memioned for the use & 
security of the sail] Colony and for building a new House proper for the Residence o! Governors 
thereof lor the time being" which Account is Ballanced by the sum of =47. 17. 3J stil to be 
paiH to the Commissioners appointed by. this Act 

An Account o( what Moneys have been paid into the Treasury sinre the I st September 1740 
pursuant to iwo Acts pissed in the eighth year of his present Majesty s Reign. The one 
Entituled, " An Act to lay a Duty of Tonage on the Vessels and for the time therein mentioned " 
and the other " An Act to lay a duty on the Goods and a Tax on the Slaves therein mentioned 
during the time and for the uses mentioned in the same." Which said Duties & Taxes were 
laid for sinking the Bills of Credit to the value of ,12.000 Emitted in the y:>ar 1734, Together 
with An Account of the several sums borrowed out of the said Duty of Tonage; of what sums 
the Treasurer has paid and what Bills of Credit have b^en cancelled. By which there appears 
a B dlance due in favour of this Government of ,932. 4. lOf 

An Account of what the Treasurer has paid unto the several Persons therein named ty their 
Warrants, Certificates and Receits for maintaining proper persons to be employed amongst the 
five Nations of Indians and for defraying the, charge & supporting the Trading House at Oswego 
the said Payments being made out of the Fines & Forfeitures out of tiie Duties on Indian 
Goods and Rum paid by the Farmers and Commissioners for managing the same at Albany As 
also out of the Wig Tax and the moneys borrowed from the Excise Fund. By which Account 

it appears that the Treasurer has paid =12.457. 11. 10J 

And that he has received 11 733. 15. 1 1| 

An Abstract of what moneys have been paid into the Treasury on Account of Excise for 
Sinking the Bills of Credit to the value of ,27.650 Emitted in the year 1714 As also what 
the Duties on Wine and Rum have amounted to for sinking the Bills of Credit to the value of 
LG.G07. 10 emitted in th- j year 1717 which last mentioned Duties expired the 23 d December 
1734 Together with an Account of what Bills of Credit have been cancelled on each respective 
Fund and likewise what has been borrowed from the same pursuant to the several Acts of the 
General Assembly of ibis Colony. 

And the Titles of the said Accounts being read 

Ordered, that the said Accounts do lie on the Table for the perusal of the Gentlemen of the 
Council. 

Ordered, that the Bill Entituled, "An Act to revive An Act Entituled, An Act to provide 
Able Pilots and to establish tln-ir Pilotage between Sandy Hook and the Port of New York " 

The Bill Entituled, " An Act to restrain Tavernkeepers and Innholders from selling Strong 
Liquors to Servants and Apprentices and from giving large Credit to others " And 

The Bill Entituled, An Act to continue An Act Eutituled, An Act for Encouragement of 
Whaling" be now read the third time 

Then the said Bills were read the third time and 

On the Question being severally put 

Unsolved, that the said three Bills do pass 

133 



1058 Journal of the Legislative Council of New York. | 2 51t selT. 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the General Assembly that the 
Council have passed the said three Bills without Amendment 

A Message from the General Assembly by M r Gale & M r Hardenbergh with the Bill Entituled, 
"An Act empowering the Judges Justices and Clerk of the Court of Common Pleas for Orange 
County to take the Probate of Wills and to grant Letters of Adminstration " Desiring the 
concurrence of the Council thereto. 

Ordered, that the said Bill be now Read. 

Then the said Bill was Read the first time & 

Ordered a second Reading. 

The Council Resolved themselves into a Committee to consider of the seven following Bills 
viz 

The Bill Entituled,." An Act to continue An Act Entituled, An Act to prevent the penning 
& folding of Sheep and neat Cattle feeding on Hempstead Plains " 

The Bill Entituled, An Act to continue An Act entituled, An Act for the better clearing & 
further laying out Publick High Roads in the County of Ulster 

The Bill Entituled, An Act tor the better clearing & further laying out Publick High Roads 
in the City and County of Albany 

The Bill Entituled, An Act to raise a sum not exceeding ,130 for finishing the Court House 
& Gaol in the County of Dutches and for defraying such charges as are alieady laid out and 
expended towards the building said Court House and Gaol 

The Bill Entituled, " An Act for regulating Fences for the several Cities and Counties within 
this Colony of New York" 

The Bill Entituled, " An Act to continue the several Acts therein mentioned " And 

The Bill Entituled, An Act further to continue An Act Entituled, An Act to encourage the 
destroying of Wild Catts in the County of Suffolk " 

The Committee having gone through the said Bills and being ready to make their Report 
thereon 

The Speaker Resumed the Chair 

Ordered, that the said Report be made immediately 

Then M r Chief Justice De Lancey Chairman of the said Committee in his place Reported 
that the Committee had gone through the said seven Bills and directed him to report them 
without Amendment 

Which Report on the Question being put was agreed to and approved of and the said Bills 

Ordered a third Read? 

Ordered, that the four following Bills be now read the second time viz 

The Bill Entituled, An Act to encourage the destroying of Wolves in the County of Albany 

The Bill Entituled, An Act to prevent Damages by Swine in Dutches County 

The Bill Entituled, An Act to prevent killing of Deer and 

The Bill Entituled, " An Act to revive An Act Entituled, An Act to empower the Justices of 
the Peace, in the County of Albany living or dwelling in the Town of Schenectady in the 
said County to regulate the Streets and Highways and to prevent Accidents by Fire in the said 
Town." 

Then the said Bills were Read the Second time & 

Ordered, to be committed 

The Council adjourned to Tuesday 3 o clock P. M. 



Tuesday, the 6 th day of November, 1 750. P. M. 



The Council met according to adjournment 

PRESENT The Hono lle ARCHIHALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 

JOSEPH MURRAY, 

JOHN RTJTHERFURD, Esq. 

The Speaker assumed the Chair 

A Message from the General Assembly by Coll" Schuyler and M r Hansen with the Bill 
Emhuled, " An Act to continue the two Acts therein mentioned for supporting the Garison 
and Trading House at Oswego, Desiring the concurrence of the Council thereto 

A Message from the General Assembly by Col" Beekrnan and Coll Lott with the Bill 
Entituled, An Act to continue An Act entituled An Act for the better Relief of the Poor in 
Dutches County " Desiring the concurrence of the Council thereto. 

Ordered, that the said Bills be now Read 

Then the said Bills were Read the first time & 

Ordered a second Reading 



1750.] The Hon. George Clinton, Esq: Governor. 1059 

Ordered, that the following Bills be now read the third time, viz 

The Bill Entituled, "An Act to continue An Act Entitulod, An Act to prevent the penning 
and folding of sheep and neat Cattle feeding on Hempstead Plains" 

The Bill Entituled, An Act to continue An Act for the better clearing and further laying out 
publick High Roads in the County of Ulster" 

The Bill Entituled, "An Act to raise a sum not exceeding .130 for finishing of the Court 
House & Goal in the County of Dutches and for defraying such charges as are already laid 
out & expended towards the building of the said Court House & Goal. 

The Bill Entituled, " An Act for the better clearing, Regulating and further laying out 
publick High Roads in the City and County of Albany 

The Bill Eniituled, An Act for regulating Fences for the several Cities and Counties within 
this Colony of New York 

The Bill Entituled, " An Act to continue the several Acts therein mentioned " and 

The Bill Entituled, " An Act further to continue An Act Entituled, An Act to encourage the 
destroying of Wild Catts in the County of Suffolk 

Then the said seven Bills were read the third Time and 

On the Question being severally put 

Resolved, that the sai l Bills do pass. 

Ordered, that the Hono ble Joseph Murray Escf do acquaint the General Assembly that the 
Council have passed the three first mentioned of the said Bills without amendment. And 

Ordered, that the Hono ble John Rutherfurd Esq r do acq the General Assembly that the 
Council have passed the four last mentioned of the said Bills without amendment. 

Ordered, that the Bill Entiiuled, " An Act empowering the Judges, Justices and Clerk of the 
Court of Common Pleas for Orange County to take the Probate of Wills and to grant Letters of 
Administration " be now read the second lime 

Then the said Bill was read the second time & 

Ordered to be committed. 

The Council Resolved themselves into a Committee to consider of the following Bills viz 

The Bill Entituled, An Act further to continue An Act Entituled, An Act to lay a Duty of 
Tonage on the Vessells and for the time therein mentioned with an Explanation and Addition 
thereto 

The Bill Entituled, "An Act to encourage the destroying of Wolves in the County of Albany 

The Bill Entituled, An Act to prevent Damages by Swine in Dutches County 

The Bill Entituled, "An Act to prevent killing of Deer" and 

The Bill Entituled, "An Act to revive An Act Entituled, An Act to empower the Justices of 
the peace in the County of Albany living or dwelling in the County of Schenectady in the 
said County to regulate the Streets and Highways and to prevent Accidents by Fire in the said 
town. 

The Committee having gone through the said Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately 

Then M r Rutherfurd Chairman of the said Comittee in his place Reported that the Committee 
had gone through the said Bills and directed him to report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of. And the said Bills 

Ordered a third Reading. 

The Council adjourned til Saturday morning 10 o clock 



Saturday, the 10 A (lay of November, 1750. 
The Council met according to adjournment 

PRESENT The Hono bu ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

Ordered, that the following Bills be now read the third time viz 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act to lay a Duty of 
Tonage on the Vessels and for the time therein mentioned with an Explanation and addition 
thereto. 

The Bill Entituled, "An Act to encourage the destroying of Wolves in the County of 
Albany" 

The Bill Entituled, - An Act to prevent Damages by Swine in Dutches County" 



10GO Journal of the Legislative Council of New York. [ M i 9 h t sS 

The Bill Entitulerl, An Act to prevent killing of Deer" And 

The Bill Entitulecl. "An Act to revive An Act intituled, An Act to empower the Justices of 
Peace in the County of Albany living or dwelling in the Town of Sclienectady, in the said 
County to regulate the Streets and Highways and to prevent Accidents by Fire in the said 
Town. " 

Then the said Bills were read the third time and 

On the Question being severally put, 

Ris ilvcd, that the said Bills do pass. 

Ordered, that the Bill Entituled, An Act to continue An Act Entituled, An Act for the better 
Relief of the poor in Dutches County, be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed. 

The Council Resolved themselves into a Committee to consider of the said Bill and the Bill 
Entituled, "An Act empowering the Judges Justices & Clerk of the Court of Common Plfas 
for Orange County to take the probate of Wills and to grant Letters of Administration 

The Committe having gone through the said two Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ord .red, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said two Bills and directed him to Report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of And the Bills 

O/dered, a third Reading 

The Council adjourned till Tuesday next 11 o clock A. M. 



Tuesday, the thirteenth day of November, 1750. 
The Council met according to adjournment 

PRESENT The Hono 6le ARCHIBALD KENNEDY, Esq r , Speaker, 

JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair. 

A Message from the General Assembly by Col Lott & M r Hardenbergh with the Bill 
Entituled, An Act further to prolong the Currency of the Bills of Credit Emitted by virtue of 
An Act Entituled, An Act for emitting Bills of Credit for the Payment of the debts and for 
the better support of the Government of this Colony & other purposes therein mentioned. 
Desiring the concurrence of the Council thereto. 

A Message from the General Assembly by M r Miller & Coll" Lott with the Bill Entituled, 
" An Act further to continue An Act entituled, An Act to prevent the setting on fire or burning 
the old Grass on Hempstead Plains." Desiring the concurrence of the Council thereto. 

The Hono ble James De Lancey & Joseph Murray Esq took their seats 

Then the said Bills were Read the first time and 

Ordered to be read a second time. 

0/dcrcd, that the Bill Entituled, " An Act empowering the Judges Justices and Clerk of the 
Court of Common Pleas tor Orange County to take the Probate of Wills and to grant Letters 
of Administration. And An Act Entituled, "An Act to continue An Act for the better Relief 
of the Poor in Dutches County. Be now read the third time 

Then the said Bills were Read the third time and 

On the Question being severally put 

Resolved that the said Bills do pass. 

Ordered, that the Hono ble John Rutherford Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills without Amendment. And also the Bill Entituled, 
" An Act to prevent Damages by Swine in Dutches County " And the Bill Entituled, " An Act 
to prevent killing o( Deer" without Amendment. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint th ) General Assembly that the 
Council have passed the three following Bills without Amendment viz 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act to lay a Duty 
of Tonnge on the Vessells and for the time therein mentioned with an Explanation and 
Addition thereto." 

The Bill Entituled, "An Act to encourage the destroying of Wolves in the County of 
Albany " And 



1750] The Hon. George Clinton, Esq : Governor. 1061 

of 



The Bill Entituled, An Act to revive An Act Entituled, An Act to empower the Justices of 
the Peace in the County of Albany living or dwelling in the Town of Schenectady in the said 
Bounty to regulate the Streets & Highways and to 
own." 

The Council adjourned til Friday morning 11 o cl 



j 

Coiuitv to regulate the Streets & Highways and to prevent Accidents by Fire in the said 
Town. * 



Friday, the sixteenth day of November, 1750. 
The Council met according to adjournment 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DK LANCEY, 
JOSEPH MURRAY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND. 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, " An Act to continue the two Acts therein mentioned for 
supporting the Garrison and Trading House nt Oswego. 

The Bill Entituled, An Act further to prolong the Currency of the Bills of Credit Emitted 
by virtue of An Act Entituled, An Act for Emitting Bills of Credit for the Payment of the 
Debts and for the better support of the Government of this Colony and other purposes therein 
mentioned " and 

The Bill Entituled, "An Act further to continue An Act Entituled, An Act to prevent the 
setting on Fire or burning the old Grass on Hernpstead Plains," be now read the second time 

Then the said Bills were read the second time & 

Ordered to be committed 

Then the Council Resolved themselves into a Committee to consider of the said Bill Entituled, 
"An Act to continue the two Acts therein mentioned for supporting the Garrison & Trading 
House at Oswego " And the Bill Entituled, " An Act further to continue An Act Entituled, An 
Act to prevent the setting on Fire or burning the old Grass on Hempstead Plains. 

The Committee having gone through the said two Bills and being ready to make their report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Chief Justice De Lancey Chairman of the said Committee in his place Reported 
that the Committee had gone through the said two Bills and directed him to report them without 
Amendment. 

Which Report on the Question being put was agreed to and approved, and the said Bills 

Onlcrcd a third reading. 

A Message from the General Assembly by Capt n Richard and Col. Schnyler with the Bill 
Entituled, "An Act to prevent the Exportation of unmerchantable Flour and the false tareing 
of Bread & Flour casks" Desiring the concurrence of the Council thereto 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time & 

Ordered a second Reading 

The Council adjourned to Wednesday morns 11 o cl 



Wednesday the 21 s day of November, 1750. 
The Council met according to adjournment 

PRESENT The, Hono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Thomas & M r Hardenbergh with the Bill 
Entituled, " An Act for the Payment of the Debts of this Colony arid for other the purposes 
therein mentioned " Desiring the Concurrence of the Council thereto 

Ordered, that the said Bill be now read 



1062 Journal of the Legislative Council of New York. [ 2 w" 

Then the said Bill was read the first time & 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act to prevent the Exportation of unmerchantable 
Flour and the false tareing of Bread & Flour Casks, be now read the Second time. 

Then the said Bill was read the second time and 

Ordered to be committed. 

Ordered, that the Bill Entituled, An Act to continue the two Acts therein mentioned for 
supporting the Garrison and Trading House at Oswego And 

The Bill Entituled, An Act further to continue An Act Entituled, An Act to prevent the 
setting on fire or burning the old Grass on Hempstead Plains " be now read the third time. 

Then the said Bills were read the third time and 

On the Question be put 

Resolvnl, that the said Bills do pass. 

Ordered, that the Hono ble Joseph Murray Esq r do acquaint the General Assembly th it the 
Council have passed the said two Bills without Amendment 

Then the Council adjourned til to morrow morning 11 o clock. 



Thursday, the < 2,2 d day of November, 1750. 
The Council met according to adjournment. 

PRESENT ThcHono Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 

JOSEPH MURRAY, 

JOHN RUTHEKFURD, Esq. 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Le Count and M r Miller with the Bill Entituled, 
"An Act for the Payment of the Salaries & Services therein mentioned to the first of September 
one thousand seven hundred & fifty one. And 

A Message from the General Assembly by Col Beekman and Col Lot with the Bill Entituled, 
"An Act for naturalizing Jacobus Tiedeman, Lodwyck Bamper, Margaret Bamper, Adrian 
Houtvat, Haeman Levy, James Kerpain, Isaac Van Haren Caspel, Englebert Kemmanne, 
Godfrey Miller, John Smith, Jacob Matchker, Charles Shelts, Hendnck Sneyder, John Frederick 
Neith, John Watsel, John Bury, John Ketleman, Joseph Cachet Marchand, Cordt Arent 
Flaake, Peter Larin, Charles John Duten, Johannes Van Beverhout Gloudiss, Claudius Van 
Beverhoudt, Johannes Van Beverhoudt Bertrandt Van Beverhoudt, Berand Langemack 
Van Beverhoudt, Barns Robinson, John Anderson, Godfrey Hoin, Margaret Van Beverhoudt, 
John Colon, Conradt Knits, Michael Smith, William Voght & Elias Bonnam " Desiring the 
concurrence of the Council to the said Bills 

A Message from the General Assembly by Coll" Beekman and Col Lot with the Bill Entituled, 
"An Act to revise digest and print the Laws of this Colony " Desiring the concurrence of the 
Council thereto 

A Message from the General Assembly by M r Thomas and M r Gale with the Bill Entituled 
"An Act for the Relief of Insolvent Debtors with Respect to the Imprisonment of their 
persons " Desiring the concurrence of the Council thereto 

Ordered, that the said Bills be now read 

Then the said Bills was read the first time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act for the Payment of the Debts of this Colony, 
and for other the purposes therein mentioned " be now read the second time 

Then the said Bill was read the second time & 

Ordered to be Committed. 

The Council adjourned til 3 o clock P Merid 01 



1750.] The Hon. George Clinton, Esq. : Governor. 1063 

/ 

Thursday, the 22 day of November, 1750. P. M. 
The Council met according to adjournment. 

PRESENT The Hotw Ue ARCHIBALD KENNEDY,Esq r , Speaker, 

JOSEPH MURRAY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair. 

The Council Resolved themselves into a Committee to consider of the Bill Entituled, " An 
Act fun her to prolong the Currency of the Bills of Credit emitted by virtue of An Act 
Entituled, An Act for emitting Bills of Credit for the Payment of the Debts and for the better 
support of the Government of the Colony and other purposes therein mentioned " And the 
Bill Entituled, "An Act for the Payment of the Debts of this Colony and for other the 
purposes therein mentioned " 

The Committee having gone through the said two Bills and being ready to make their 
Report thereon 

The Speaker resumed the Chair 

Ordered, that the said Report be made immediately 

Tuen M r Murray Chairman of the said Committee in his place Reported that the Committee 
had gone through the said two Bills and had directed him to Report them without Amendment. 

Which Report on the Question being put was agreed to and approved of and the Bills 

Ordered a third Reading 

A Message from the General Assembly by Coll Lot and Col Beekman with the Bill Entituled, 
An Act to regulate the gauging of Rum Brandy & other distill d Liquors and Molasses and 
other purposes therein mentioned " Desiring the concurrence of the Council thereto. 

A Message from the General Assembly by M r Thomas and M r Tappen with the Bill Entituled, 
"An Act to alter part of An Act Entituled, An Act for the better clearing regulating and 
further laying out Publick High Roads in the County of Westchester " Desiring the concurrence 
of the Council thereto 

A Message from the General Assembly with the Bill Entituled, An Act to empower the 
Justices of the peace in the County of Ulster to order the raising of a sum not exceeding the 
sum of one hundred pounds for repairing the Gaols within the said County" Desiring the 
concurrence of the Council thereto. 

Ordered that the said Bills be now read. 

Then the said Bills were read the first time & 

Ordered a second Reading. 

The Council adjourned til to morrow morn^ 11 o cl. 



Friday, the 23 d day of November, 1750. 
The Council met according to adjournment 

PRESENT The Hoiw !a ARCHIBALD KENNEDY, Esq r , Speaker, 

JOSEPH MURRAY, 
EDWARD HOLLAND, Esq rs . 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act further to prolong the Currency of the Bills of 
Credit emitted by virtue of An Act Entituled, An Act for emitting Bills of Credit for the 
Payment of the Debts and for the better support of the Government of this Colony and other 
purposes therein mentioned " And the Bill Entituled, "An Act for the Payment of the Debts 
of this Colony and for other the purposes therein mentioned " be now read the third time. 

Then the said Bills were read the third time and 

On the Question being put 

Resolved, that the said Bills do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bills without Amendment. 

Ordered, that the Bills following viz 

The Bill Entituled, An Act for the payment of the Salaries & services therein mentioned to 
the 1 st of September 1751. 

The Bill Entituled, "An Act for naturalizing Jacobus Tiedeman and others" 

The Bill Entituled, "An Act to revise digest and print the Laws of this Colony" 



1064 Journal of the Legislative Council of New York. ["f* ^- 

The Bill Entituled, "An Act for the Relief of Insolvent Debtors with Respect to the 
Imprisonment of their Persons " 

The Bill Entituled, "An Act to regulate the Guaging of Rum, Brandy and other distill d 
Liquors and Molasses and other purposes therein mentioned." 

The Bill Entituled, "An Act to alter part of An Act entituled, An Act for the better clearing 
regulating and further laying out publick High Roads in the County of Westchester " And 

The Bill Entituled, "An Act to impower the Justices of the Peace in the County of Ulster 
to order the raising of a sum not exceeding the sum of one hundred pound for repairing the 
Goals within the said County" be now read the second time 

Then the said Bills were read the second time & 

Ordered to be committed. 

The Council Resolved themselves into a Committee to consider of the said seven Bills 

And the Committee having gone through the same and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the Committee,to whom the said seven Bills were referred in 
his place Reported that the Committee had gone through the same and directed him to report 
them without Amendment. 

Which Report on the Question being put was agreed to and approved of And the s;iid Bills 

Ordered a third Reading. 

Then the Council Resolved themselves into a Comittee on the Bill Entituled, "An Act to 
prevent the Exportation of unmerchantable Flour and the false tareing of Bread and Flour 
Casks." 

The Committee having gone through the same and being ready to make their Report thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had pone through the same and directed him to Report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of and the Bill 

Ordered a third Reading. 

Then the said Bill was read the third time and 

On the Qujestion being put 

Resolved, that the said Bill do pass 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 

Then the Council adjourned til to morrow morning 10 o clock. 



Saturday, tlie 24 * day of November, 1750. 
The Council met according to adjournment 

PRESENT The Hono 1 1 " ARCHIBALD KENNEDY, Esq r , Speaker, 

JOSEPH MURRAY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

Ordered, that the following Bills, viz* 

The Bill Entituled, "An Act for the Payment of the salaries & services therein mentioned 
to the first of September 1751 

The Bill Entituled, " An Act for Naturalizing Jacobus Tiedeman and others 

The Bill Entituled, " An Act to revise digest and print the Laws of this Colony " 

The Bill Entituled, " An Act for the Relief of Insolvent Debtors with respect to the 
Imprisonment of their persons" 

The Bill Entituled, " An Act to regulate the guaging of Rum, Brandy and other distil d 
Liquors and Molasses and other purposes therein mentioned" 

The Bill Entituled, " An Act to alter part of An Act Entituled, An Act for the better clearing 
regulating & further laying out publick High Roads in the County of Westchester" and 

The Bill Entituled, "An Act to impower the Justices of the Peace in the County of Ulster 
to order the raising of a sum not exceeding the sum of one hundred pound for repairing the 
Goals within the said County" be now read the third time. 

Then the said seven Bills were read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass. 



1750.] The Hon. George Clinton, Esq : Governor. 1065 

^ Ordered, that the Hono ble Joseph Murray Esq r do acquaint the General Assembly that the 
Council have passed the four first mentioned of the said Bills without Amendment, And that the 
Hono hle Edward Holland Esq r do acquaint the General Assembly that the Council have passed 
the other three of the said Bills without Amendment 

His Excellency being come to the Council Chamber sent a Message to the General Assembly 
by the Deputy Secretary requiring their immediate attendance And they attending accordingly 

His Excellency in presence of the Council and General Assembly was then pleased to give 
his Assent to the following Bills viz 

An Act to revive An Act Entituled, An Act to provide able Pilots and to establish their 
pilotage between Sandy Hook and the Port of New York. 

An Act further to continue An Act Entituled, An Act to lay a Duty of Tonnage on the 
Vessels and for the time therein mentioned with an Explanation & addition thereto. 

An Act to restrain Tavernkeepers & Innholders from selling strong Liquors to Servants and 
Apprentices and from giving large Credit to others. 

An Act to continue An Act intituled, An Act for Encouragement of Whaling. 

An Act to continue An Act entituled, An Act to prevent the Penning and folding of Sheep 
and neat Cattle feeding on Hempstead Plains. 

An Act to Continue An Act Entituled, An Act for the better clearing and further laying out 
Publick High Roads in the County of Ulster. 

An Act for the better clearing, regulating and further laying out Publick High Roads in 
the City and County of Albany. 

An Act to raise a sum not exceeding one hundred & thirty pounds for finishing the Court 
House & Goal in the County of Dutches and for defraying such charges as are already laid out 
and expended towards the building the said Court House and Goal. 

An Act for regulating Fences for the several Cities & Counties within this Colony of New 

York." 

An Act to continue the several Acts therein mentioned. 

An Act further to continue An Act Entituled, An Act to encourage the destroying of Wild 
Catts in the County of Suffolk. 

An Act to encourage the destroying of Wolves in the County of Albany. 

An Act to prevent Damages by Swine in Dutches County. 

An Act to prevent killing of Deer. 

An Act to revive An Act entituled, An Act to empower the Justices of the Peace in the 
County of Albany living or dwelling in the Town of Schenectady in the said County to regulate 
the Streets and Highways and to prevent accidents by Fire in the said Town." 

An Act empowering the Judges Justices and Clerk of the Court of Common Pleas for Orange 
County to take the Probate of Wills and to grant Letters of Administration. 

An Act to continue the two Acts therein mentioned for supporting the Garrison and Trading 
House at Oswego. 

An Act to continue An Act Entituled An Act for the better Relief of the Poor in Dutches 

County. 

An Act further to prolong the Currency of the Bills of Credit emitted by virtue of An Act 
entituled, An Act for emitting Bills of Credit for the Payment of the Debts and for the better 
support of the Government of this Colony and other purposes therein mentioned. 

An Act further to continue An Act Entituled, An Act to prevent the setting on Fire or 
burning the old grass on Hempstead Plains. 

An Act to prevent the Exportation of unmerchantable Flour and the false tareing of Bread 
and Flour Cask. 

An Act for the Payment of the Debts of this Colony and for other the purposes therein 
mentioned. 

An Act for the Payment of the Salaries & Services therein mentioned to the first of 
September one thousand seven hundred and fifty one. 

An Act for naturalizing Jacobus Tiedeman ; Lodwyck Bamper ; Margaret Bamper ; Adrian 
Houtvat ; Haeman Levy ; James Herpain ; Isaac Van Haren Caspel ; Englebert Kemmanne ; 
Godfrey Miller; John Smith ; Jacob Matcker ; Charles Shelts; Hendrick Snyder ; John 
Frederick Neith ; John Wa:sell ; John Bury; John Kettleman ; Joseph Cachet Me re hand ; Cerdt 
Arendt Flaake ; Peter Lnrin ; Charles John Dutens ; Johannes Van Beverhoudt Gloudisz ; 
Claudius Van Beverhoudt ; Johannes Van Beverhoudt ; Bertrandt Van Beverhoudt ; Berand 
Langemack Van Beverhoudt ; Barns Robinson ; John Anderson ; Godfrey Iloin ; Margaret Van 
Beverhoudt; John Colon; Conradt Kults ; Michael Smith; William Voogt ; and Elias 
Bontuiin. 



1066 Journal of the Legislative Council of New York. [ 2 ^ f; 

An Act to revise, digest and print the Laws of this Colony. 

An Act for the Relief of Insolvent Debtors with Respect to the Imprisonment of their 
Persons. 

An Act to regulate the guaging of Rum, Brandy and other distill d Liquors and Molasses and 
other Purposes therein mentioned. 

An Act to alter part of An Act entituled, An Act for the better clearing regulating & further 
laying out publick High Roads in the County of Westchester, & 

An Act to empower the Justices of the Peace in the County of Ulster to order the raising of 
a sum not exceeding the sum of one hundred pound for repairing the Goals within the said 
County." 

And the said Acts having been published in the usual Manner, His Excellency was pleased 
to prorogue the General Assembly to the first Tuesday in April 1751 



[ N. Y. Col. MSS. LXXVI., 150. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governor in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands prorogued until Tuesday the 
second day of April next I have thought fit by and with the advice of his Majesty s Council 
further to prorogue the said General Assembly and I do by virtue of the powers and authorities 
unto me granted by his Majesty hereby further prorogue the said General Assembly until 
Tuesday the seventh day of May next ensuing Then to meet at the City Hall in the City of New 
York Of which all his Majesty s Subjects are to take Notice and Govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the thirteenth day of March in the year of our Lord 1750 and in the twenty 
fourth year of the Reign of our Soveraign Lord George the Second By the 
Grace of God of Great Britain France and Ireland King Defender of the 
Faith &c a 

G. CLINTON. 
By His Excellencys Command 

Gw BANYAR D Secry 

God save the KING. 



[N. T. Col. MSS. LXXVL, 154. ] 

BY ins EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until Tuesday the 
seventh day of May next I have thought fit by and with the advice of his Majesty s Council 
further to prorogue the said General Assembly and I do by virtue of the Powers and Authorities 



1751.] The Hon. George Clinton, Esq: Governor. 1067 

unto me Granted by his Majesty hereby further Prorogue the said General Assembly unto 
Tuesday the twenty first day of May next ensuing Of which all his Majesty s Subjects are to 
take Notice and Govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the Twenty Fifth day of April in the year of our Lord 1751 and in the twenty 
fourth year of the Reign of our Soveraign Lord George the second by the 
Grace of God of Great Britain France and Ireland King Defender of the 
Faith &c a 

G. CLINTON. 
By His Excellency s Command 

Gw BANYAR D Sccry 

God save the KING. 



[N. Y Col. MSS. LXXVI.,155.] 

BY ins EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued until Tuesday the 
twenty first of May Instant. I have thought fit by and with the advice of his Majesty s Council 
further to Prorogue the said General Assembly. And I do by virtue of the powers and authorities 
unto me Granted by his Majesty hereby further prorogue the said General Assembly unto 
Tuesday the twenty eighth day of this Instant May of which all his Majesty s Subjects concerned 
therein are to take Notice and Govern themselves accordingly. 

Given under my hand and seal at Arms at Fort George in the City of New York 
the thirteenth day of May in the year of our Lord 1751 and in the twenty 
fourth year of the Reign of our Sovereign Lord George the second by the 
Grace of God of Great Britain France and Ireland King Defender of the 
ffiuth &c a 

G. CLINTON. 
By his Excellency s Command 

Gw. BANYAR D Story 

God save the KING. 



[ N. Y. Col. MSS. LXXVI., 159. ] 

BY HIS EXCELLENCY 



The Honourable GEORGE CLINTON, Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon Depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 



A PROCLAMATION. 

EREAS the General Assem 
twenty 



WHEREAS the General Assembly of this Province stands Prorogued until Tuesday the 
>enty eighth of May Instant, I have thought fit for his Majesty s service further to Prorogue the 



1068 Journal of the Legislative Council of New York. [ 



2 ?a 



said General Assembly And I do by virtue of the Powers and authorities unto me Granted by his 
Majesty hereby further Prorogue the said General Assembly unto Thursday the thirtieth of this 
Instant May then to meet to proceed on Business of which all his Majesty s subjects concerned 
therein are to take Notice and Govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of New York 
the twenty fifth day of May in the year of our Lord 1751 and in the twenty 
fourth year of the Reign of our Soveraign Lord George the second by the 
Grace of God of Great Britain France and Ireland King Defender of the 
Faith &c a 

G. CLINTON. 
By his Excellency s Command 

Gw. BANYAR, D Sccry 

God save the KING. 



TWENTY-SIXTH ASSEMBLY SECOND SESSION. 



At a Session of the Council and General Assembly of tlie Province of New York, begun 
and holden at the City Hall in the City of New York, on Thursday the 30 A day of 
May 1751 in the twenty fifth year of the Reign of King George the Second. 

His Excellency the Hono ble George Clinton having prorogued the General Assembly by 
several proclamations from Tuesday the first day of April last to this day 
The Council met accordingly 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
JOHN RUTIIERFURD, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

His Excellency having required the attendance of the Council at the Council Chamber in 
Fort George, The Speaker left the Chair and the Council went thither accordingly. 

Where being met His Excellency came to the Council Chamber and sent a Message to the 
General Assembly requiring the immediate attendance of that House. 

And the House attending accordingly His Excellency made a Speech to the Council and 
General Assembly and delivered one copy thereof to the Speaker of the Council, and another 
to the Speaker of the General Assembly. 

The Council then returned to the Council Chamber, and the Speaker resumed the Chair and 
Reported that his Excellency had been pleased to make a Speech to the Council and General 
Assembly, of which his Excellency had given him a Copy which he delivered in at the Table. 

Ordered, that his Excellency s Speech be read. 

Then the same was read and 

Ordered to be entered in the Minutes and is as follows. 

Gentlemen of the Council, and General Assembly, 

It is with the greatest Concern, that I am to acquaint you with the Death of his Royal 
Hihgness the Prince of Wales : The Grief upon this melancholy Occasion, is great and general ; 
it is however a great Comfort to his Majesty s faithful Servants to hear, that his Health is 
entirely re-established, and that her Royal Highness the Princess of Wales, and all the Rest of 
the Royal Family, are as well as can be expected, in the present Circumstances. 

I most heartily condole with you upon this unfortunate Occasion. 

The Securing the Fidelity of the six Nations of Indians to the British Interest, is so absolutely 
necessary, for the Safety and Prosperity of this Province, that every Step should be taken that 
will contribute to that End. 



1751.] The Hon. George Clinton, Esq: Governor. 1069 

As I am to meet the Indians at Albany, the latter End of next Month, I thought it for his 
Majesty s Service, to call you together before I went, that you might enable me in the most 
effectual Manner, to secure and preserve their Fidelity. 

I imagine you are not unacquainted with the Methods the French take to bring those Nations 
over to their Interest ; and we, on our Parts, should pursue every Method to counteract them. 

The Steps I have taken with the neighbouring Governors for that Purpose, will appear by the 
Papers, which I shall order to be laid before you. 

Gentlemen of the General Assembly, 

There is no Provision made (as has usually been done) for the contingent Charges, which 
daily occur, in taking care of the Indian Affairs; I must therefore recommend to you to make 
Provision for this Service. 

The Sum granted the last Session, for Presents to the six Nations of Indians, I do not think 
sufficient at this Time, to answer the Ends you propose ; therefore it becomes you, Gentlemen, 
that will soonest feel the Effects of their going over to the French, to act properly upon this 
Occasion. 

You see, Gentlemen, with what Earnestness I press this Subject upon you; and I hope I 
shall have the Pleasure of seeing the desired Effects of it: I think it of such visible Advantage, 
and so necessary to the common Good and Safety of your Country, that I should have justly 
blamed myself, if I had not pressed it at this Time. 

Gentlemen of the Council and General Assembly, 

The Time of meeting the Indians, requires all possible Dispatch in coming to such Resolutions 
as you shall think proper, on the Matters I have recommended to your Consideration. 

G. CLINTON. 

Fort George in the City of New York 
30 th of May 1751. 

Ordered, that his Excellency s Speech be forthwith printed. 

Then M r Kennedy moved, that an humble Address be presented to his Excellency on the 
subject matter of his Speech. Which motion being agreed to. 

Resolved, that an humble address be presented to his Excellency accordingly. 

Ordered, that M r Kennedy, M r Murray and M r Rutherfurd be a Committee to prepare a draft 
of the said Address, and that they lay the same before the Council with all convenient speed. 

Then the Council adjourned til to morrow morning 11 o clock 



Friday, the 3 I s day of May, 1751. 
The Council met according to adjournment 

PRESENT The Hono jle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

M r Kennedy from the Committee appointed to prepare the draft of An Address to his 
Excellency reported that the Committee had drawn up an Address accordingly, which they had 
directed him to report to the Council, and he read the same in his place, and then delivered it 
in at the Table, where the same was again read, and being amended, agreed to by the Council. 

Ordered, that the Address be engrossed. 

The engrossed Address to his Excellency was read and 

Ordered to be signed by the Speaker and the Speaker having signed the same, 

Ordered, that M r Kennedy and M r Rutherfurd do wait on his Excellency, to know when he 
will be pleased to be attended with the Council s Address. 

Then the said Gentlemen withdrew, and being Returned, Reported that they had waited on 
his Excellency, with the above Message, And that his Excellency had been pleased to appoint 
to morrow morning 11 o clock. 

The Council adjourned til to morrow morning 11 o clock. 



1070 Journal of the Legislative Council of New York. 

Saturday, the \ st day of June, 1751. 
The Council met according to adjournment. 

PRESENT The Hono bu CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
JOHN RDTHERFURD, 
EDWARD HOLLAND, Esq 

The Speaker assumed the Chair. 

Then the Speaker left the Chair and the Council went to present their Address to his 
Excellency. And being returned the Speaker resumed the Chair, and Reported that having 
attended his Excellency, and presented to him the Council s Address, His Excellency had been 
pleased to return a favourable answer thereto, Which being read 

Ordered, that the said Address and answer be entered in the minutes which are as follow : 

To His Excellency the Hono ble GEORGE CLINTON, Captain General and Governour in Chief of 
the Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of his Majesty s Fleet 

The humble ADDRESS of the Members of his Majesty s Council for the province of 
New York 

May it please your Excellency 

We his Majesty s most dutiful and loyal subjects the Members of the Council for the province 
of New York return your Excellency our humble thanks for your Speech. 

It is with great Grief and concern we condole with your Excellency the Death of his Royal 
Highness the Prince of Wales. May his Majesty, her Royal Highness the Princess of Wales, 
and all the rest of the Royal Family long enjoy Health. 

The Securing the Fidelity of the Six Nations of Indians to the British Interest, is a point of 
so much importance to the safety and prosperity of this, and every other of his Majesty s 
Colonies upon this Continent, that we cannot hesitate in thinking but that every member of the 
community will do every thing in his power to enable your Excellency at this critical Juncture, 
to secure and preserve it in the most effectual manner. 

We are not unacquainted with the indefatigable endeavours of the French to seduce our 
Indians, nor with the methods your Excellency has been pleased to propose to this and the 
neighbouring Colonies, in order to prevent their fatal consequences; for which our most humble 
thanks are due. 

We on our Parts beg leave to assure your Excellency, that there shall be nothing in our 
power wanting to encourage and support those measures, your Excellency has been pleased to 
lay before us, for gaining and preserving the Friendship of the Indians in general to the British 
Interest. 

By order of the Council 

CADWALLADER GOLDEN Speaker 
Council Chamber City of New York 
31 st May 1751 

His EXCELLENCY S Answer. 

Gentlemen : 

I thank you for this Address, and I am exceedingly pleased that the Measures I have taken 
for the securing the Fidelity of the Indians are so agreeable to you. 

G. CLINTON. 

Fort George in the City of New York 
1st June 1751. 

Ordered, that the said Address and Answer be forthwith printed. 

M r Chief Justice De Lancey moved that an humble Address be prepared to lay before his 
Majesty "To condole with him on the Death of his late Royal Highness the Prince of Wales, 
To express the deep sense we have of the great Loss to his Majesty, and all his loyal Subjects 
by this mournful event. That nothing can more truely discover the value of that most excellent 
Prince, than the heavy concern which his Majesty s faithful Subjects universally feel on this 
melancholly occasion, and to conclude with our prayers, that the Goodness of God, to alleviate 



1751.] The Hon. George Clinton, Esq : Governor. 1071 

our sorrows, would establish and preserve his most sacred Majesty s Health, that he may long 
reign a blessing to a happy and grateful people. And that the same Goodness, would defeat 
and dissipate all the known and secret Enemies of his Majesty s Person and Family." 

Which Motion being seconded, was unanimously agreed to. 

Resolved, that an humble address be presented accordingly. 

Then the Council adjourned till Tuesday morning 11 o clock. 



Tuesday, the 4 * day of June, 1751. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCET, 
JOSEPH MURRAY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND Esq. 

The Speaker assumed the Chair. 

M r Chief Justice Delancey moved, that a Committee be appointed to prepare the Draft of 
an humble Address to his Majesty, agreeable to the Resolution of the Council on the 1 st Instant 
And thut a Message be sent to the General Assembly, to desire them to appoint a Committee 
of their House to join the Committee to be appointed by the Council, to prepare the Draft of 
the said Address. 

Ordered, that M r Chief Justice De Lancey, M r Murray and M r Holland be a Committee to 
prepare the Draft of the said Address, and that they meet at 3 o clock this Afternoon in the 
Council Chamber. 

Ordered, that the Hono ble James De Lancey Esq r do acquaint the General Assembly, that 
the Council have appointed himself, together with the Hono ble Joseph Murray, and Edward 
Holland Esq", to be a committee to prepare the Draft of an humble Address to his Majesty, to 
condole with him on the Death of his late Royal Highness the prince of Wales, to express the 
deep sense we have of the great loss to his Majesty, and all his loyal subjects, by this mournful 
Event. That nothing can more truely discover the value of that most excellent prince, than 
the heavy concern, which his Majesty s faithful Subjects universally feel on this melancholly 
occasion. And to conclude with our prayers, that the Goodness of God, to alleviate our 
Sorrow, would establish and preserve his most sacred Majesty s Health, that he may long reign 
a Blessing to a happy and grateful people, and that the same Goodness would defeat and 
dissipate all the known and secret Enemies of his Majesty s person and Family. That the said 
Committee are to meet at 3 o clock this afternoon in the Council Chamber in the City Hall, 
And that the Council desire the General Assembly would appoint a Committee of their House, 
to join the said Committee of the Council, at the time and place abovementioned for the 
purpose aforesaid. 

A Message from the General Assembly by M r Miller and Capt Renselaer acquainting the 
Council that the House hath appointed Major Van Home, M r Cruger, Captain Richard, Col 
Beekrnan M r Micheaux and M r Thomas to be a Committee to join the Committee of the 
Council, in preparing the Address mentioned in the Council s Message of this Day, to attend at 
the time and place appointed by the Council. 

Then the Council adjourned til to morrow morn ? 11 o clock. 



Wednesday, the 5" day of June, 1751. 
The Council met according to adjournment 

PRESENT The Hono^ CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCET, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

M r Chief Justice reported, that the joint Committees of the Council and General Assembly, 
appointed to prepare the Draft of an Address to his Majesty, had met and agreed upon a Draft 
of the said Address, which he read and then delivered in at the Table, where the same was 
again read, and approved of. 



1072 Journal of the Legislative Council of New York. [^ seT 

A Message from the General Assembly by M r Miller and M r Micheaux, acquainting the 
Council that the General Assembly have approved of the Draft of an Address to his Majesty 
prepared by the joint Committees. 

Ordered, that the Hono: Edward Holland Esq r do acquaint the General Assembly, that the 
Council have approved of the Draft of the Address to his Majesty, prepared by the joint 
Committees, and have appointed the Hono blc James De Lancey and John Rutherfurd Esq rs , to 
wait on his Excellency the Governour immediately, to desire his Excellency will be pleased 
to join therein. And further that the Council desires the General Assembly to appoint some of 
the Members of that House, to wait on his Excellency at the same time for the like purpose. 

The IIono ble Archibald Kennedy Esq r took his seat 

M r Rutherfurd moved, that the General Assembly be desired to communicate to the Council 
the Letters and papers they have received this Session from Robert Charles Esq r Agent for this 
Colony. 

Which motion being seconded was agreed to. 

Ordered, that the Hono ble Archibald Kennedy Esq r do acquaint the General Assembly, that 
the Council desire the General Assembly would communicate to the Council, the Letters and 
papers they have received this Session from Robert Charles Esq r Agent for this Colony. 

A Message from the General Assembly acquainting the Council that the House have appointed 
M r Richard, M r Cruger, M r Thomas, and M r Micheaux to wait on his Excellency the Governour, 
with the Gentlemen appointed by the Council, with the Draft of the Address to his Majesty, to 
desire his Excellency will be pleased to join therein. 

M r Chief Justice De Lancey Reported, that himself and M r Rutherfurd, together with the 
Gentlemen appointed by the General Assembly, had waited on his Excellency and desired his 
Excellency would be pleased to join in the humble Address to his Majesty prepared by the 
joint Committees of the Council and General Assembly the draft of which they presented to 
his Excellency and that he was pleased to signify he would join therein. 

Then the Draft of the Address was altered accordingly, and two Copies thereof 

Ordered to be forthwith engrossed. 

The Council adjourned til to morrow Morning 10 o clock. 



Thursday, the sixth day of June, 1751 
The Council met according to adjournment. 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCEY, 
JOHN RUTHERFURD, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

The Engrossed Copies of the humble Address to his Majesty were read. 
Ordered, that the Horio ble Edward Holland Esq r do carry the engrossed Copies of the said 
Address, to his Excellency and desire he will be pleased to sign the same. 
Ordered, that the said Address be entered in the Minutes which is as follows 

To the KING S Most Excellent MAJESTY 

The humble ADDRESS of the Governour, Council and General Assembly of the 
Colony of New York in America. 

Most Gracious Soveraign, 

We your Majesty s most dutiful and loyal Subjects, the Govornour Council and General 
Assembly, of your Majesty s Colony of New York, beg leave to approach your most sacred 
Majesty, to condole with you on the death of his late Royal Highness the prince of Wales ; and 
to express the deep sense we have of the great Loss to your Majesty, and all your loyal subjects, 
by this mournful Event. Nothing can more truly discover the value of that most excellent 
Prince, than the heavy concern which your Majesty s faithful subjects universally feel on this 
melancholly occasion. 

That the Goodness of God, to alleviate our sorrows, would establish and preserve your most 
sacred Majesty s Health, that you may long reign a Blessing to a happy and grateful People, 
and that the same Goodness may defeat and dissipate all the known and secret Enemies of your 
Majesty s person and Family are the unfeigned prayers of 

May it please your Majesty 

Your Majesty s most dutiful 

New York 6" June 1751 and loyal Subjects. 



1751.] The Hon. George Clinton, Esq : Governor. 1073 

M r Holland delivered in at the Table the engrossed copies of the said Address signed by his 
Excellency, And the same having been signed by the Gentlemen of the Council present, 

Ordered, that the Hono ble James De Lancey Esq r do carry the engrossed Copies of the Address 
to his Majesty, to the General Assembly, and when that House have signed the same, that he 
do then wait on his Excellency with such Members as they shall appoint for that purpose, and 
deliver the said Address to his Excellency, and desire he will be pleased to transmit the same to 
his Majesty. 

A Message from the General Assembly by M r Thomas and M r Cornel, acquainting the Council 
that all the Members of the General Assembly present have signed the engrossed Address to his 
Majesty. And that the House hath appointed Capt. Richard and M r Cruger to wait on his 
Excellency, with the Gentlemen appointed by the Council, to desire that his Excellency will 
be pleased to transmit the same to his Majesty. 

His Excellency having required the attendance of the Council at the Council Chamber at Fort 
George in this City 

The Speaker left the Chair and the Council went thither accordingly 

Where being met His Excellency came to the Council Chamber, and sent a Message to the 
General Assembly requiring their immediate attendance And they attending accordingly 

His Excellency was pleased to prorogue the General Assembly to Tuesday the sixth day of 
August next. 



TWENTY-SIXTH ASSEMBLY THIRD SESSION 



At a Session of the Council and General Assembly of the Province of New York 
begun and kolden at the City Hall in the City of New York on Tuesday the first 
day of October 1751 in the twenty fifth year of the Reign of King George the 
Second. 

His Excellency the Hono ble George Clinton Captain General and Governour in Chief of the 
said province having by several Proclamations prorogued the General Assembly from the sixth 
day of August last to this day 

The Council met accordingly. 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair 

The Council adjourned til Thursday next 10 o clock A M. 



Thursday, the third day of October, 1751. 
The Council met according to adjournment. 

PRESENT The Ho?io m CADWALLADER COLDEN Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq r> . 

The Speaker assumed the Chair 

The Council adjourned til Tuesday next at 10 o clock A. M. 

135 



1074 Journal of the Legislative Council of New York. [^ ? ; 

Tuesday, the eighth day of October, 1751. 
The Council met according to adjournment. 

PRESENT The Hono ble CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair. 

His Excellency the Governour having required the attendance of the Council at the Council 
Chamber in Fort George 

The Speaker left the Chair and the Council went thither accordingly. 

And being returned, the Speaker resumed the Chair and reported that his Excellency had 
made a Speech to the Council and General Assembly of which his Excellency had been pleased 
to deliver him a Copy which he delivered in at the Table. 

Ordered, that his Excellency s Speech be read. 

Then the same was read and 

Ordered to be entered in the minues and is as follows 

Gentlemen of the Council and Assembly, 

I have delayed calling you together till this Time, that it might be more convenient for 
yourselves. You know it is now necessary to provide for the Support of his Majesty s 
Government in this Province. I must, at the same Time, earnestly recommend the Payment 
of the Debts, still due for past Services, which remain unpaid. This is necessary, not only in 
Justice to the Creditors, but for preserving the publick Credit for the future. 

The present State of the Indian Affairs deserves your most serious Attention. The French 
are more than commonly assiduous, in withdrawing the Affection of the Indians from us, and in 
obstructing the British Trade every where among them ; for which Purposes, they are at a 
very great Expence. 

There being no Supplies granted, as was formerly usual, for employing proper Persons in the 
Care of Indian Affairs, Col. Johnson (who for some Years past, has been so successful in that 
Service) has advanced a very considerable Sum on the Credit of the Government : But he has 
since declared, that he cannot continue in this Service, which is attended with considerable 
daily Expence, as well as personal Fatigue, unless proper Allowances be made, to enable him 
to perform it. 

From the Informations which I have received, and which shall be communicated to you, it 
will appear necessary, not only to provide for the usual annual Expence which attends the 
Management of Indian Affairs, and of sending Smiths to reside among them, but likewise, of 
sending proper Persons to the more distant Nations, to prevent the Designs of the French, and 
removing any bad Impressions they may have made upon them. 

The preserving the Fidelity of the Indians, is evidently of such Consequence to the future 
Security and Prosperity of this Province, that I need not add any Thing more to draw your 
Attention on this Head. 

Gentlemen of the General Assembly, 

I must recommend to you, to give the necessary Supplies for the Services I have mentioned, 
and for the contingent Expence that must at all Times unavoidable attend the Administration 
of Government ; and that in doing this, you will have that Regard which is due to the 
Directions in his Majesty s Commission and Instructions to me. 

Accounts of the publick Debts shall in a proper Time be laid before you. 

Gentlemen of the Council and Assembly, 

It will give me the greatest Pleasure to join with you, in every Thing for the Benefit of the 
People under my Care; and you may depend on my hearty Concurrence with you, in any 
Measures, for advancing the Prosperity of this Province. 

G. CLINTON. 
Fort George in New York 
S th October 1751. 

Ordered, that his Excellency s Speech bo forthwith printed. 

Then M r Holland moved that an humble Address be presented to his Excellency on the 
Subject matter of his Speech. 



1751.] The Hon. George Clinton, Esq : Governor. 1075 

Which motion being seconded and agreed to. 

Resolved, that an humble Address be presented to his Excellency accordingly. 
Ordered, that M r Kennedy, M r Holland & Col Johnson be a Committee to prepare the Draft 
of the said Address and that they lay the same before the Council with all convenient speed. 
Then the Council adjourned til to morrow morning 10 o clock. 



Wednesday, the 9 * day of October, 1751. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

M r Holland from the Committee appointed to prepare the Draft of an Address to his 
Excellency Reported that the Committee had drawn up an Address accordingly which they had 
directed him to report to the Council and he read the same in his place and then delivered it in 
at the Table where the same was again read and approved of and 

Ordered to be engrossed. 

Then the Council adjourned til to morrow morn ? 11 o cl. 



Thursday, tlie 10 * day of October, 1751. 
The Council met according to adjournment. 

PRESENT Tke Hono l!e CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

The Engrossed Address to his Excellency was read and the Speaker ordered to sign the same, 
who sign d it accordingly. 

Ordered, that M r Holland and Col Johnson wait on his Excellency to know when he will be 
pleased to be attended with the Council s Address. 

Then the said Gentlemen withdrew and being returned Reported that they had waited on 
his Excellency with the above message and that his Excellency had been pleased to appoint 
immediately. 

The Speaker left the Chair and the Council went to present their Address to his Excellency. 
And being returned The Speaker resumed the Chair and Reported that having presented the 
Council s Address to his Excellency, his Excellency had been pleased to return a favourable 
Answer thereto which being read. 

Ordered, that the said Address and Answer be entered in the minutes which are as follow. 

To His Excellency the Hono lle GEORGE CLINTON Captain General and Governour in Chief of 
the Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council for the Province of New York. 

May it please your Excellency 

We his Majestys most dutiful and loyal Subjects, the members of the Council for the 
Province of New York, most humbly thank your Excellency for your Speech, and your 
Declaration of concurring heartily with us, in every thing for the benefit of the people of this 
Province : We are truly sensible of your Indulgence in calling us together at a time most 
convenient to our selves. 



1076 Journal of the Legislative Council of New York. 

Your Excellency may rest assured that our best endeavours shall not be wanting to support 
the Honour of his Majesty s Government in this Province, and in making your administration 
easy to you, that it may be an Inducement to your Excellency to continue long with us. 

We are well apprised of what Importance the securing the fidelity of the Indians, is to the 
British Interest, and for the safety and prosperity of this Province ; and how much the Intrigues 
of the French, at this time (if they should succeed) may be prejudicial ; and that if measures 
be not speedily concerted, to avoid the dangers to which we are exposed, any Remedy may 
afterwards come too late : Your Excellency may therefore be assured, that we shall chearfully 
concur in such measures, as may most effectually attach the Affections of the Indians to the 
Crown of Great Britain, and defeat the Designs of those who are at this time, attempting to 
delude them to our prejudice. 

We shall most chearfully and heartily assist your Excellency in your Endeavours for promoting 
the prosperity of the people under your care. 

By order of the Council 

CADWALLADER GOLDEN Speaker 
Council Chamber in the City of New York ) 
9 th October 1751 > 

His EXCELLENCY S Answer 
Gentlemen, 

I thank you for this Address, and for the assurance you give me of your assistance in the 
matters I recommended to your consideration. 

As it is the duty of the several Branches of the Legislature, to be heartily and firmly united 
in promoting the welfare of the province, so it will give me the most sensible pleasure to see 
the good effects, which must necessarily arise from such union. 

G. CLINTON. 

Fort George in the City of New York, ) 
10 th October 1751 ) 

Ordered, that the said Address and Answer be forthwith printed. 
Then the Council adjourned til Tuesday next at 11 o clock. 



Tuesday, the 15 * day of October, 1751. 
The Council met according to adjournment 

PRESENT The, Hono 1)le CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES DE LANCET, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

The Council adjourned til Friday next and then met and 

Adjourned til Tuesday morning 1 1 o clock. 



Tuesday, the 22" day of October, 1751. 
The Council met according to adjournment 

PRESENT The Hono CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

A message from the General Assembly by M r Cruger and M r Richard with the Bill entituled, 
" An Act to prevent the breaking or otherwise injuring Glass Lamps in the City of New York " 
desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Cruger and M r Walton with the Bill Entituled, 
" An Act further to continue An Act entituled, An Act to restrain Hawkers and Pedlars within 
this Colony from selling without license" desiring the concurrence of the Council thereto 



1751.] The Hon. George Clinton, Esq: Governor. 1077 

A Message from the General Assembly by M r Thomas and M r . Hardenbergh with the Bill 
Entituled, " An Act to fix and ascertain the place for Elections of Representatives to serve in 
General Assembly for the County of Westchester, Desiring the concurrence of the Council 
thereto. 

A Message from the General Assembly by M r Hardenbergh and Col Beekman with a Bill 
Entituled, " An Act for the better clearing and further laying out publick High Roads in the 
County of Ulster. Desiring the concurrence of the Council thereto 

The Hono ble Edward Holland Esq r took his seat 

Ordered, that the said Bills be now read 

Then the said Bills were read the first time and 

Ordered a second reading. 

The Council adjourned til Friday morning Ho clock And then met and 

Adjourned til Thursday at 11 o clock. 



Thursday, the 31 s day of October, 1751. 
The Council met according to adjournment 

PRESENT The Hono lle - ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

Ordered, that the four following Bills be now read the second time viz 1 

The Bill entituled, "An Act to prevent the breaking or otherwise iniuring Glass Lamps in 
the City of New York " 

The Bill Entituled, " An Act further to continue An Act entituled, An Act to restrain Hawkers 
and Pedlars within this Colony from selling without Lycense" 

The Bill Entituled, " An Act to fix and ascertain the place for elections of Representatives in 
General Assembly for the County of Westchester" and 

The Bill Entituled. " An Act for the better clearing & further laying out publick High Roads 
in the County of Ulster. 

Then the said Bills were read the second time and 

Ordered to be committed. 

Then the Council adjourned til to morrow morn^ 11 o cl 



Friday, the first day of November, 1751. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Col Schuyler and Capt Livingston with a Bill 
Entituled, " An Act to continue the two Acts therein mentioned for and towards supporting the 
Government of this Colony " Desiring the concurrence of the Council thereto. 

A Message from the General Assembly by M r Le Count and Col Lott with a Bill Entituled, 
" An Act to enable the supervisors of Richmond County to raise the sum of sixty pounds for 
building a dwelling House adjoining to the Goal of said County for the Residence of the 
Keeper of said Goal " Desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Richard and M r Cornel with the Bill Entituled, 
"An Act to let to farm the Excise on Strong Liquors retailed in this Colony for one whole 
year to commence from the first day of January next" Desiring the concurrence of the Council 
thereto. 

A Message from the General Assembly by M r Ilardenbergh and M r Hansen with a Bill 
Entituled, An Act to let to farm the Excise on all Strong Liquors retailed in this Colony for one 
whole year to commence from the first day of January next " Desiring the concurrence of the 
Council thereto. 



1078 Journal of the Legislative Council of New York. 






Ordered, that the said Bills be now read. 

Then the said Bills were read the first time and 

Ordered a second reading. 

The Speaker left the Chair and the Council Resolved themselves into a Committee on the 
three following Bills viz 4 

The Bill Entituled, (i An Act further to continue An Act Entituled, An Act to restrain 
Hawkers and Pedlars within this Colony from selling without Lycense. 

The Bill Entituled, " An Act to fix and ascertain the place for Elections of Representatives 
to serve in General Assembly for the County of Westchester. And 

The Bill Entituled, " An Act for the better clearing and further laying out Publick High 
Roads in the County of Ulster. 

The Committee having gone through the said Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said three Bills and directed him to report the same without Amendment. 

Which report on the Question being put was agreed to and approved of And the said three 
Bills 

Ordered a third reading. 

The speaker left the chair and the Council Resolved into a Committee on the Bill Entituled 
"An Act to prevent the breaking or otherwise injuring Glass Lamps in the City of New York." 

The Committee having gone through the same and being ready to make their report thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill and had directed him to report the same with amendments, 
which he read in his place and then delivered the Bill with the amendments in at the Table 
where the same were again read and agreed to and the amendments 

Ordered to be engrossed 

Which Report on the Question being put was agreed to and approved of and the Bill 

Ordered a third reading as amended. 

Then the Council adjourned til Tuesday 3 o clock P. M. 



Tuesday, the fifth day of November, 1751. P. M. 
The Council met according to adjournment. 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

Ordered, that the three following Bills be now read the second time viz 

The Bill Entituled, "An Act to continue the two Acts therein mentioned for and towards 
supporting the Government of this Colony 

The Bill Entituled, An Act to enable the Supervisors of Richmond County to raise the sum 
of sixty pounds for building a dwelling House adjoining to the Goal of said County for the 
Residence of the Keeper of said Goal" 

The Bill Entituled, "An Act for altering the time of the annual meeting of the Supervisors of 
the County of Ulster, and 

The Bill Entituled, "An Act to let to farm the Excise on Strong Liquors retailed in this 
Colony for one whole yenr to commence from the first day of January next." 

Then the said Bills were read the second time and 

Ordered to be Committed. 

The Hono ble James Alexander Esq r took his seat. 

A Message from the General Assembly by M r Cruger and Col Schuyler with the Bill Entituled 
"An Act to prevent Frauds in Debtors" desiring the concurrence of the Council thereto 

A Message from the General Assembly by M r Richard and Col Schuyler with the Bill Entituled 
"An Act to enable the Mayor and Aldermen of the City of New York for the time being or the 
major part of them to raise a Tax for mending and keeping in Repair the publick Wells and 
pumps in the said City to the south of Fresh Water and other the purposes therein mentioned" 
Desiring the concurrence of the Council thereto 



1751.] The Hon. George Clinton, Esq : Governor. 1079 

A Message from the General Assembly by M r Cruger and M r Snedeker with the Bill Entituled, 
"An Act for preventing Frauds by Mortgages." Desiring the concurrence of the Council 
thereto. 

The Hono ble James De Lancey and Joseph Murray Esq" took their seats. 

Ordered, that the said three Bills be now read 

Then the said Bills were read the first time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act to prevent the breaking or otherwise injuring Glass 
Lamps in the City of New York" be now read the third time as amended. 

Then the said Bill was read the third time as amended and 

On the Question being put. 

Resolved, that the said Bill as amended do pass. 

Ordered, that the Hono ble Edward Holland Esq r do carry the said Bill with the Amendments 
thereto to the General Assembly and acquaint them that the Council have passed the Bill with 
the said amendments to which they desire their concurrence. 

Ordered, that the Bill Entituled "An Act further to continue an Act entituled, An Act to 
restrain Hawkers and Pedlars within this Colony from selling without Lycense" and the Bill 
Entituled, -An Act to fix and ascertain the place for Elections of Representatives to serve in 
the General Assembly for the County of Westchester, be now read the third time. 

Then the said Bills were read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass. 

Ordered, that the Hono ble William Johnson Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills without Amendment. 

Then the Council adjourned til to morrow 3 o clock P: Meridiem 



Wednesday, the sixth day of November 1751. P. M. 
The Council met according to adjournment 

PRESENT The HowJ 1 * CADWALLADER GOLDEN, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq. 

The Speaker assumed the Chair. 

The Bill Entituled "An Act to enable the Mayor and Aldermen of the City of New York 
for the time being or the major part of them to raise a Tax for mending & keeping in repair the 
puhlick Wells and Pumps in the said City to the South of Fresh Water and other the purposes 
therein mentioned" was read the second time and 

Ordered to be committed. 

The Hono ble James Alexander Esq r took his seat 

The Bill Entituled "An Act to prevent Frauds in Debtors" and the Bill Entituled "An Act 
for preventing Frauds by Mortgages were read the second time & 

Ordered to he committed. 

The Bill Entituled "An Act for the better clearing and further laying out publick High Roads 
in the County of Ulster" was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

The Council Resolved themselves into a Committee (The Speaker having first left the Chair) 
on the Bill Entituled, "An Act to continue the two Acts therein mentioned for and towards 
supporting the Government of this Colony." 

The Bill Entituled "An Act to enable the Supervisors of Richmond County to raise the sum 
of sixty pounds to build a dwelling House adjoining to the Goal of said County for the 
Residence of the Keeper of said Goal " and 

The Bill Entituled, An Act to let to farm the Excise on Strong Liquors retailed in this 
Colony for one whole year to commence from the first day of January next." 

The Committee having gone through the said Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered., that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bills and directed him to Report them without amendment. 

Which Report on the Question being put was agreed to and approved of And the said Bills 

Ordered a third Reading 

Then the Council adjourned til Friday morning 11 o clock 



1080 Journal of the Legislative Council of Neio York. [ 2 M " 

Friday, the eighth day of November, 1751. 
The Council met according to adjournment 

PRESENT The Hono l!e CADWALLADEK GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to continue the two Acts therein mentioned for 
and towards Supporting the Government of this Colony." 

The Bill Entituled, "An Act to enable the Supervisors of Richmond County to raise the 
sum of Sixty pounds for building a dwelling House adjoining to the Goal of said County for 
the Residence of the Keeper of said Goal " and 

The Bill Entituled, An Act to let to farm the Excise on Strong Liquors retailed in this 
Colony for one whole year to commence from the first day of January next" be now read"the 
third time 

Then the said three Bills were read the third time and 

On the Question being severally put 

Resolved, that the said Bills do pass. 

Ordered, that the Hono ble Joseph Murray Esq r do acquaint the General Assembly that the 
Council have passed the said three Bills without Amendment. As also that the Council have 
passed the Bill Entituled, "An Act for the better clearing and further laying out publick High 
Roads in the County of Ulster " without Amendment 

A Message from the General Assembly by M r Richard and M r Verplank with the Bill 
Entituled, "An Act to raise levy and collect the sum of sixty six pounds in the City and 
County of New York for the services therein mentioned" Desiring the concurrence of the 
Council thereto 

Ordered, that the said Bill be read 

Then the said Bill was read the first time & 

Ordered a second Reading. 

The Council adjourned til Tuesday morning 11 o clock. 



Tuesday, the twelfth day of November, 1751. 
The Council met according to adjournment 

PRESENT The Hono lle CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by M r Richard and M r Walton with the Bill Entituled, 
" An Act to prevent the Breaking or otherwise injuring Glass Lamps in the City of New York" 
with the amendments made thereto by the Council acquainting the Council that the General 
Assembly do agree to the said Amendments and desire the Bill may be amended accordingly 

Then the said Bill was accordingly amended viz By striking out the words [any time not 
exceeding] in the 28 th Line of the first page and in the second page last line striking out the 
word [two] and inserting in its stead the word [three] 

A Message from the General Assembly by M r Cruger and M r Cornel with the Bill Entituled, 
" An Act for the Relief of Insolvent Debtors with Respect to the Imprisonment of their 
persons in the City of New York " desiring the concurrence of the Council thereto. 

Ordered, that the said Bill be read 

Then the said Bill was read the first time and 

Ordered a second Reading. 

The Council adjourned til to morrow morning 10 o cl. 



1751.] The Hon. George Clinton, Esq: Governor. 1081 

Wednesday, the 13 A day of November, 1751. 
The Council met according to adjournment 

PRESENT The Ho?i Ue ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCET, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq" 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, " An Act to raise levy and collect the sum of sixty six 
pounds in the City & County of New York for the services therein mentioned " And the Bill 
Entituled, " An Act for the Relief of Insolvent Debtors with respect to the Imprisonment of 
their persons in the City of New York " be now read the second time. 

Then the said Bills were read the second time and 

Ordered to be committed. 

The Hono ble James Alexander Esq r assumed the Chair 

The Hono ble Joseph Murray Esq r took his seat 

The Speaker left the Chair And 

The Council Resolved themselves into a Committee on the Bill Entituled, " An Act for 
preventiug Frauds by Mortgages " 

The Committee having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Murray Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill and had directed him to Report the same with several 
Amendments which he read in his place and then delivered the same in at the Table, where the 
said Amendments were again Read And 

On the Question being put 

The Report was agreed to and approved of. And the amendments 

Ordered to be Engrossed. 

Ordered that the said Bill be read the third time as amended. 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble Joseph Murray Esq r do carry the said Bill with the Amendments, 
to the General Assembly and acquaint them that the Council have passed the same with those 
Amendments to which the Council desire their concurrence. 

The Speaker left the Chair. And 

The Council Resolved themselves into a committee on the Bill Entituled, "An Act to prevent 
Frauds in Debtors" and having spent some time therein 

The Speaker assumed the Chair and 

M r Chief Justice De Lancey Reported that the Committee had made some progress in the said 
Bill and desire that they may have leave to sit again. 

Ordered, that leave be given accordingly. 

Th Council adjourned til to morrow morning 10 o clock. 



Thursday, the 14 * day of November, 1751. 
The Council met according to adjournment. 

PRESENT The Hono bu CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq rs . 

The Speaker assumed the Chair. 

M r Chief Justice De Lancey withdrew. 

The Speaker left the Chair and 

136 



1082 Journal of the Legislative Council of New York. [ 2 



3 



The Council resolved themselves into a Committee to consider of the Bill Entituled, "An 
Act to enable the Mayor and Aldermen of the City of New York for the time being or the 
major part of them to raise a Tax for mending and keeping in Repair the publick Wells and 
Pumps in the said City to the South of Fresh Water and other the purposes therein mentioned" 
The Committee being ready to make their Report thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place reported that the Committee 
had gone through the said Bill and directed him to report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of. 

Then the Speaker put the Question 

Whether the Bill should be read the third time? and 

It passed in the negative. 

Resolved, that the said Bill be Rejected. 

M 1 Chief Justice DeLancey and M r Murray took their seats. 

M r Chief Justice De Lancey from the Committee to whom the Bill Entituled An Act to 
prevent Frauds in Debtors" was committed in his place Reported that the Committee had 
gone through the said Bill and directed him to report the same with several amendments which 
he read in his place and then delivered the same in at the Table, where the said Amendments 
were again Read and 

On the Question being put 

The Report was agreed to and approved of and the Amendments 

Ordered to be Engrossed and the Bill 

Ordered a third Reading as amended. 

A Message from the General Assembly by M r Thomas and M r Cruger with the Bill Entituled, 
An Act for mending and keeping in Repair the publick Road or Highway from the House of 
John Home in the Bowry Division of the Outward of the City of New York through 
Bloomendale Division in the said Ward to the House of Adrian Hoogelaudt" desiring the 
concurrence of the Council thereto 

Ordered, that the said Bill be read 

Then the said Bill was read the first time and 

Ordered a second Reading. 

The Speaker left the Chair and 

The Council resolved themselves into a Committee on the Bill Entituled, "An Act for altering 
the time of the Annual Meeting of the Supervisors of the County of Ulster " And the Committee 
being agreed on their Report 

The Speaker assumed the Chair And 

M r Holland Chairman of the said Committee in his place Reported that the Committee had 
gone through the said Bill and directed him to Report the same without Ainendm 

Which Report on the Question being put was agreed to and approved of And 

On the Question being put 

Whether the Bill should be read a third time? 

It was passed in the negative. 

Then M r Chief Justice De Lancey moved that the Bill be rejected. And thereupon it was 

Resolved, that the said Bill be rejected accordingly. 

The Council adjourned till to morrow morn^ 11 o cl. 



Friday, the fifteenth day of November, 1751. 
The Council met according to adjournment. 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to prevent Frauds in Debtors " be now read the 
third time as amended 

Then the said Bill was read the third time as amended And 

On the Question being put 

Resolved that the said Bill as amended do pass. 



1751.] The Hon. George Clinton, Esq : Governor. 1083 

Ordered, that the Hono ble James De Lancey Esq r do carry the said Bill with the amendments 
to the General Assembly and acquaint them that the Council have passed the said Bill with 
those Amendments to which they desire their concurrence. 

A Message from the General Assembly by M r Thomas and M r Nicoll with the Bill Entituled, 
"An Act for vesting in Trustees the sum of three thousand (four hundred and forty three pounds 
eighteen shillings raised by way of Lottery for erecting a College within this Colony " desiring 
the Concurrence of the Council thereto. 

Ordered, that the said Bill be read. 

Then the said Bill was read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, "An Act for amending and keeping in Repair the publick 
Road or Highway from the House of John Home in the Bowry Division of the Outward of 
the City of New York through Bloomendale Division in the said Ward to the House of Adrian 
Hoogelandt" be now read the second time 

Then the said Bill was read the second time and 

Ordered to be committed 

M r Chief Justice De Lancey withdrew 

Ordered, that the Bill Entituled, "An Act to raise levy and collect the sum of sixty six 
pounds in the City and County of New York for the services therein mentioned " be now read 
the third time 

Tl. cn the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

The Council adjourned til to morrow morn^ 10 o cl. 



Saturday, the 16" day of November, 1751. 
The Council met according to adjournment. 

PKESENT The Hono jle CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Cruger and Major Philipse with the Bill 
Entitled "An Act to prevent Frauds in Debtors" And the Amendments made thereto by the 
Council acquainting the Council that the General Assembly have agreed to the said Amendments 
and desire the Bill may be Amended accordingly. 

Then the said Bill was amended Which amendments are as follow viz 

Page. Lino. 

1 20 After the word Affirmation insert [in cases where by Law an Affirmation is allowed] 

2 14 Strike out the word [deliver] and insert in its stead [return] 

2 18 Leave out the words [receiving such Inventory and Return signed] and instead of them 

insert [issuing such Warrant or Warrants] 

3 3 Strike out the words [of the seizure of his her or their Estates or Effects] 

3 23 Strike out the words [of the seizure of his her or their Estate] 

4 7 After the word [thereof] insert [by publick outcry after fourteen clays publick Notice] 
4 18 After the last word insert [after the said first publick notice] 

6 G After the word [Meeting] insert [or other Subsequent Meeting necessary for that 

purpose to be continued by adjournments] 
G 14 Strike out the words [be subject and lyable to] 

G 15 Strike out the words [the said judges of] and the words [or any one of them if required] 
G 17 After the word [hereof] insert [to be filed in the said Court] 
G 21 Before the word Sufficient, Insert [deemed as near as may be] 
G 22 After the word, seized, insert the words [together with the overplus money if any 

there be] 

After the second clause in page 7 insert the following clauses viz 

Provided always that where Warrants have issued from the Judges both of the Supreme and 
Inferior Courts That then and in that case the Judges of the Supreme Court or any one of them 
shall award a Writ or Writs of Certiorari to the Judges of the Inferior Courts to remove and 
return the proceedings there, to the Judges of the Supreme Court that they may proceed on 
both Wai-rants or either of them. 



1084 Journal of the Leislative Council of New York. 






And Be it also enacted by the Authority aforesaid, that the Judge or Judges granting Warrants 
pursuant to this Act shall make Report thereof to the next Court of which he or they is or are 
Judge or Judges and of the Notice thereon ordered ; of the publication of the Notice and of 
all other things required of them by this act to be done out of Court and cause that report to be 
entered in the minutes of the Court to be evidence of the facts so reported 

And be it further enacted by the Authority aforesaid, that the Trustees to be appointed by 
virtue of this Act shall take an Oath or Affirmation, in cas^s where by Law an Affirmation is 
allowed, well and truly to execute the Trust reposed in them according to the best of their skill 
and understanding. Which Oath or Affirmation the Judge or Judges appointing the said 
Trustees is and are hereby required to administer 

And Be it further Enacted by the Authority aforesaid, that the Trustees to be appointed by 
this Act shall be subject to such orders and directions as shall from time to time be made in the 
Supreme Court for the more effectual putting the Powers in this Act in Execution. Or in the 
Inferior Courts of Common Pleas where the Warrant issued from the Judges of such Courts. 

The Hono ble James De Lancey Esq r took his seat 

A Message from the General Assembly by M r Nicoll and M r Snedeker with the Bill Entituled, 
" An Act for paying and discharging several Demands made on this Colony " desiring the 
concurrence of the Council thereto. 

A Message from the General Assembly by M r Le Count and M r Renselaer with the Bill 
Entituled, " An Act for the payment of the Salaries and Services of the Government until the 
first day of September one thousand seven hundred and fifty two" desiring the concurrence of 
the Council thereto. 

A Message from the General Assembly by M r Verplank and M r Janse with the Bill Entituled, 
"An Act for naturalizing Piere Vallarde, Mary Elizabeth Vallarde, Mary Elizabeth Colonge 
Widow of Disleau, Johannes Cossman and Ernst Houtschilt." 

Ordered, that the said Bills be read. 

Then the said Bills were read the first time and 

Ordered a second Reading. 

The Speaker left the Chair and the Council resolved into a Committee on the Bill Entituled, 
" An Act for the Relief of Insolvent Debtors with respect to the Imprisonment of their Persons 
in the City of New York" And the Bill Entituled, "An Act for mending and keeping in 
Repair the Publick Road or Highway from the House of John Home in the Bowry Division of 
the Outward of the City of New York through Bloomendale Division in the said Ward to the 
House of Adrian Hogelandt." 

The Committee having gone through the said Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said two Bills and directed him to report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of And the Bills 

Ordered a third reading. 

Then the said Bills were read the third time and 

On the Question being Severally put 

Resolved, that the said two Bills do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said two Bills without Amendment. And that the Council have also 
passed without Amendment the Bill Entituled, " An Act to raise, levy and collect the sum of 
sixty six pounds in the City and County of New York for the services therein mentioned 

Ordered, that the Bill Entituled, " An Act for vesting in Trustees the sum of three thousand 
four hundred and forty three pounds eighteen shillings raised by wny of Publick Lottery for 
erecting a Colledge within this Colony," be now read the second time 

Then the said Bill was read the second time and 

Ordcnd to be committed. 

The Council observing that there is not any of the publick Money applyed for the 
management of Indian Affairs, in the Bill now before the Board Entituled, "An Act for 
the payment of the Salaries and Services of the Government until the first day of September 
1752." It is 

Ordered, that a Bill be brought in for that purpose, and that M r Alexander prepare and bring 
in the same 

Then the Council adjourned til Monday morning 11 o cl 



1751.] The Hon. George Clinton, Esq : Governor. 1085 

Monday, the eighteenth day of November, 1751. 
The Council met according to adjournment. 

PRESENT The Hono Ne CADWALLADEE GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

The Bill Entituled, "An Act for paying and discharging several Demands made on this 
Colony " was read the second time and thereupon 

Ordered, that the Hono ble William Johnson Esq r do acquaint the General Assembly that the 
Council desire the House would communicate to the Council, the several Accounts laid before 
the House, upon which the several allowances have been made in the Bill brought up to the 
Council Entituled, "An Act for paying and discharging several Demands made on this Colony;" 
and the vouchers for the said Accounts : Together with the several other accounts 
recommended by his Excellency to the General Assembly this Session, and the vouchers 
respecting them. 

Ordered, that the Bill Entituled, "An Act for the payment of the Salaries and Services of the 
Government until the first day of September L752 " And 

The Bill Entituled, "An Act for naturalizing Piere Vallarde, Mary Elizabeth Vallarde, Mary 
Elizabeth Colonge Widow of Disleau, Johannes Cossman and Ernst Houtschilt " be read the 
second time. 

Then the said Bills were read the second time and 

Ordered to be committed. 

M r Alexander according to order, laid before . the Council a Bill Entituled, "An Act for 
applying the sum of for the management of Indian Affairs." 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second reading. 

The Speaker left the Chair, and the Council Resolved into a Committee on the Bill Entituled, 
"An Act for vesting in Trustees the sum of three thousand four hundred and forty three pounds 
eighteen shillings raised by way of Lottery for erecting a Colledge within this Colony." 

The Committee having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported, that the Committee 
had gone through the said Bill, and had directed him to report the same with amendments 
which he read in his place and then delivered the same with the Bill in at the Table Where the 
Amendments were again read and 

On the Question being put, 

The Report was agreed to and approved of 

Ordered, that the said Amendments be Engrossed, and the Bill read the third time as amended. 

The Council adjourned til three o clock in the afternoon 



Monday, the 18" day of November, 1751. P. M. 
The Council met according to adjournment. 

PRESENT The Hono bli CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair 

Ordered, That the Bill Entituled, "An Act for vesting in Trustees the sum of three thousand 
four hundred & forty three pounds eighteen shillings raised by way of Lottery for erecting a 
Colledge within this Colony " be now read the third time as amended. 



1086 Journal of the Legislative Council of New York. [l^sw" 

Then the said Bill was read the third time as amended and 

On the Question being put 

Resolved, that the said Bill as amended do pass. 

Ordered, that the Hono ble Edward Holland Esq r do carry the said Bill with the amendments, 
to the General Assembly, and acquaint them that the Council have passed the Bill with those 
amendments, to which they desire their concurrence. 

A Message from the General Assembly by M r Richard and Col Beekman with a Resolve of 
the House in these words viz 

" The House according to order proceeded to the consideration of the Message from the Council 
touching the communicating to them the several Accounts laid before the House in this Session. 

Resolved, Nomine Contrudiccnte that as this demand of the Council is of a very extraordinary 
Nature and appears as yet unprecedented, the further consideration thereof be postponed until 
the next meeting of the House after the first day of May next. 

A Message from the General Assembly by Capt" Walton and Major Philipse, with the Bill 
Entituled, "An Act for vesting in Trustees the sum of three thousand four hundred and forty 
three pounds eighteen shillings raised by way of Lottery for erecting a College within this 
Colony" and the amendments made thereto by the Council acquaint^ the Council that the 
General Assembly have agreed to the said Amendments, and desire the Bill may be amended 
accordingly. 

Then the said Bill was amended agreeable to the said amendments which are as follow. 

Page. Line. 

2 3 Strike out the words [president of his Majesty s Council] and instead thereof insert 

[the eldest Councillor residing in this Colony] 
2 5 After the word, Court, insert the words [the Mayor of the City of New York and the 

Treasurer of this Colony] 
2 10 Strike out the words [receiving and taking into their Hands] and instead thereof 

insert the word [managing] 
2 13 Strike out the word, receiving, and in its stead insert the word [managing] 

2 19 After the word Trustees, insert [and the major part of them and of the survivors of 

them] 

3 At the end of the 11 th Line insert the words [rendring the Rent to the Treasurer of 

this Colony for the time being for the use and purpose aforesaid] 

3 9 After the word, Trustees, insert [and the major part of them and of the survivors of 
them] 

3 14 After the word " directed " strike out the rest of the Clause which ends with the 

fourth Line of Page 4 and insert instead thereof these words [to pay to the Borrowers 
such sum and sums of the money aforesaid from time to time as shall be specifyed in 
the securities by them to be given with the consent of the Major part of the Trustees 
aforesaid or of the survivors of them which securities shall be in the names of two 
or more of the Trustees aforesaid consenting With Conditions for the payment of the 
money and Interest therefrom arising to the Treasurer of this Colony for the time 
being for the use and purpose aforesaid And such securities given as aforesaid shall 
be to the said Treasurer good vouchers and Discharges for the sums paid thereon by 
him and therein mentioned] 

4 12 After the word [Trustees] insert [and every of them] 

Ordered, that the Bill Entituled " An Act for applying the sum of for the 

management of Indian Affairs " be now read the second time. 

Then the said Bill was read the second time and 

Ordered to be committed. 

The Speaker left the Chair and the Council Resolved into a Committee on the said Bill, and 
the Bill Entituled, " An Act for naturalizing Piere Vallarde, Mary Elizabeth Vallarde, Mary 
Elizabeth Colonge, widow of Disleau, Johannes Cossman and Ernst lloutschilt." 

The Committee having gone through the said two Bills and being ready to make their 
Report thereon 

The Speitker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Alexander Reported that the Committee had gone through the Bill Entituled, 
" An Act for applying the sum of for the management of Indian Affairs" 

altered the title, added several clauses, & made other Amendments thereto, which he read in 
his place, and then delivered the same in at the Table, where the same were again read and the 
Report 

On the Question being put, agreed to and approved of And the Bill with the Amendments 

Ordered to be Engrossed 

M r Holland Reported that the Committee had gone through the Bill Entituled, " An Act for 
naturalizing Piere Vallarde, Mary Elizabeth Vallarde, Mary Elizabeth Colonge Widow of 
Disleau, Johannes Cossmiui & Ernst lloutschilt " and directed him to Report the same without 
Amendment 



1751.] The Hon. George Clinton, Esq: Governor. 1087 

Which Report on the Question being put was agreed to and approved of. And the Bill 

Ordered a third reading. 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

The Council adjourned til to morrow morning 10 o cl 



Tuesday, the 19 * day of November, 1751. 
The Council met according to adjournment. 

PRESENT The Hono jle CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCET, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq. 

The Speaker assumed the Chair. 

The Council taking into consideration the Message from the General Assembly brought to the 
Council yesterday by M r Richard and Col: Beekman 

Resolved, That it is the undoubted Right of the Council, to see the Accounts and Vouchers of 
them, for the payment of which any sum is to be taken from his Majesty s Revenue, and to the 
payment of which their Consent is necessary. 

Resolved, that the Council will not proceed on the Bill now before them, Entituled, "An Act 
for paying and discharging several Demands made on this Colony" until the Accounts and 
Vouchers for the sums to be paid by virtue of the said bill shall appear before them 

Ordered, that these resolutions be communicated to the General Assembly and that the Hono ble 
Edward Holland Esq r do carry the same to the House. 

The engrossed Bill Entituled, "An Act for Applying the sum of five hundred pounds for the 
management of Indian affairs and for repairing the Garrison at Oswego" was read the third 
time and 

On the Question being put. 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble William Johnson do carry the said Bill to the General Assembly 
and desire their concurrence thereto 

The Council adjourned til to morrow morn? 11 o clock. 



Wednesday the 20 M day of November, 1751. 
The Council met according to adjournment. 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JOSEPH MCRRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

The Speaker left the Chair, and the Council Resolved themselves into a Committee on the 
Bill Entituled, "An Act for the Payment of the Salaries and services of the Government until 
the first day of September one thousand seven hundred and fifty two. 

The Committee having gone through the same and being ready to make their Report thereon 

The Speaker resumed the Chair. 

Ordered, that the said report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported, that the Committee 
had gone through the said Bill and directed him to report the same without amendment 

Which Report on the Question being put was agreed to and approved And the Bill 

Ordered a third Reading. 



1088 Journal of the Legislative Council of New York. [ 26 $ ; 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. And also that the Council have passed 
the Bill Entituled, "An Act for naturalizing Piere Vallarde, Mary Elizabeth Vallurde, Mary 
Elizabeth Colonge, Widow of Disleau, Johannes Cossman and Ernst Houtschilt " without any 
amendment. 

The Council adjourned til Friday morning 10 o cl 



Friday, the 22 d day of Novenibei, 1751. 
The Council met according to adjournment 

PRESENT The Hono m CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq. 

The Speaker assumed the Chair. 

The Speaker laid before the Council an Address from the General Assembly to his Excellency, 
and a Letter from the Indian Interpreter of the 15 th Instant which the Speaker informed the 
Council, his Excellency had desired him to lay before them, and to acquaint them that upon 
the General Assembly s presenting their Address, he told them, before he could give any answer 
thereto, he thought proper to communicate it to the Council. 

And the said Address and Letter being read 

Ordered, that the said Address and the purport of the said Letter be entered in the Minutes 
which are as follow. 

To his Excellency the Honourable GEORGE CLINTON, Captain General and Governor in Chief of 
the Colony of New- York, and Territories thereon depending in America, Vice Admiral 
of the same, and Admiral of the White Squadron of his Majesty s Fleet. 

The humble ADDRESS of the General Assembly of the said Colony. 

May it please your Excellency, 

Wo his Majesty s most dutiful and loyal Subjects, the General Assembly of the Colony of 
New-York, beg Leave to set before your Excellency, in a clear Light, several Matters which 
have been the Subject of our Deliberations, in the Course of our present Session; some of 
which may have been mistaken, and others perhaps, misrepresented to your Excellency. 

We shall begin, Sir, on the Subject of Indian Affairs. Your Excellency knows, that this 
Colony has very lately been at the Expence of, One Thousand Pounds, to settle Matters of that 
Kind on such a Foundation, as might render the Designs of those who should attempt to draw 
the Indians in Alliance with his Majesty from their Attachment to the British Interest, fruitless 
and abortive ; and we hope the Use your Excellency made of that Sum, for attaining this 
great and salutary End, has not been without Success; but are sorry to find that after this 
extraordinary Expence, the State of the Indian Affairs still requires a further Aid. 

We are, Sir, sincerely sorry, to have Occasion to suggest our Apprehensions, that this 
unsettled Condition of those Affairs, (perpetually demanding new and repeated Supplies to 
settle and adjust them) proceeds from some Defect of Attention, or Misconduct in those who 
have of late Years been intrusted with their Management. And we freely acknowledge to your 
Excellency, that from hence arises our Backwardness to make Provision for Matters of this 
Kind. For, whilst we are under Apprehensions that what we are desired to give, will not be 
usefully employed in the Service for which it is required, we cannot answer it either to ourselves, 
or to our Constituents, to give any Thing at all. Your Excellency knows how desirous we 
have been for settling those Matters, and what Steps have been taken for that Purpose, and 
with how little Success they have been attended : An we here beg Leave to assure your 
Excellency, that when this Matter is put on such a Foundation that we can have just Reason 
to expect that the Provision which may be made, will be faithfully and advantagiously imployed 
for attaining the End designed, we shall then chearfully make a suitable Provision for those 
Purposes. 

Your Excellency may observe, that there is no Provision made for repairing the Trading 
House at Oswego. This was occasioned by the Want of proper Estimates, without which no 
Judgement could be formed of the Expence necessary for these Repairs. And as the Season of 



1751.] The Hon. George Clinton, Esq : Governor. 1089 

the Year, and the Distance of the Place, seems to render any Performance of that Kind, at 
present, impracticable, we presume that a proper Estimate may be procured, and a suitable 
Provision made, long before the Season of the Year will permit any Thing of that Kind to be 
carried into Execution. 

You may also observe, Sir, by the Journal of our Proceedings, that there is a Contest 
subsisting between us and the Council, which affects the Bill passed by us for paying the Debts 
still due from this Colony. The Bill, tho proceeded upon, and passed by us in the same 
Manner with other Bills of the like kind, they absolutely refuse to proceed upon, until we shall 
lay before them the several Accounts on which the Allowances in that Bill are founded. This 
is a Demand which appears as yet altogether unprecedented, and which we conceive they have 
no Right to make on us, and which we cannot comply with without betraying the Trust 
reposed in us ; and therefore, if the Persons to whom those Allowances are made payable, are 
delayed in their respective Demands, it must be laid to the Charge of those who are the Cause 
of that Delay. 

We now beg Leave to intreat your Excellency, to give your Assent to such of the Bills 
prepared for it, as your Excellency shall approve of; and that your Excellency will then be 
pleased to permit us to return to our respective Families, during the Winter Season. 

The tender Regard which your Excellency has always professed to have for the People 
committed to your Care, persuades us that your Excellency will not deny this our reasonable. 
Request, the apparent Consequences of which, will be their receiving the Advantage of the 
Bills intended for their Benefit, and their being eased of the Expence that must unavoidably 
arise from the continued Attendance of their Representatives here. 

By Order of the General Assembly, 

DAVID JONES, Speaker. 
City of New York 
November 20 th 1751 

The Letter to his Excellency from Arent Stephens the Indian Interpreter is in substance as 
follows. 

That he had received his Excellency s Directions with the Letters inclosed and immediately 
sent an Express to Captain Butler to let him know his Excellency s sentiments regarding him. 
That it has been usual on any weighty affair for the Six Nations to meet at Onondaga and 
therefore some of the Chiefs of the Mohawks &c ought to go with him and that he must send 
an Express to the Cahugas & Senecas to meet at Onondagah. Neither can he speak to them 
without a Belt of Wampum on each Message and that he hopes the Assembly will consider 
this necessary expence. 

That the Mohawk Indians have been in a great alarm occasioned by the French and their 
Indians accusing them of murdering five French Indians last Summer on their hunting place 
upon which the French sent to the Mohawks signifying that if they did not immediately go to 
Canada and make up the Affair, they and their Indians would come and destroy them. That 
the Mohawks having made enquiry into the matter found the Murder was committed by some 
River Indians and sent some Sachems to the Carrying place to assure the French Indians of 
their Innocence and by what Indians the murder was committed And to assure the French 
Governour they would send some Sachims at New Year to clear themselves of this Accusation 
and to ask pardon of him for the Injuries done by Hendrick against them. 

Ordered, that the said Address to his Excellency from the General Assembly be referred to a 
Committee of the Council. That the said Committee do prepare the Draft of an humble 
Address to be presented to his Excellency in answer thereto. And that M r Alexander, M r 
Kennedy and M r Holland be a Committee lor that purpose. 

Then the Committee desired the Speaker to give his assistance in preparing the said Address. 

The Council adjourned til to morrow morn? 10 o clock. 



Saturday, the 23 day of November, 1751. 
The Council met according to adjournment 

PRESENT The Ho?io jle CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

M r Holland from the Committee appointed to prepare the Draft of an humble Address to his 
Excellency, reported that the committee had accordingly prepared a Draft of the said Address, 
137 



1090 Journal of the Legislative Council of New York. \_-fJ - 

which he read in his place, and then delivered the same in at the Table where the same being 
again read, was 

On the Question being put, agreed to and approved of. And 

Ordered to be engrossed. 

The Council adjourned til 3 o clock P l Merid. 



Saturday, the 23 d day of November, 1751. P Merid. 
The Council met according to adjournment 

PRESENT The Hono Ue CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

The Engrossed Address to his Excellency was read and approved of. 

Ordered, that the Speaker sign the said Address. 

Then the Speaker signed the same accordingly. 

Ordered, that M r Kennedy and Col Johnson do wait on his Excellency to know when he will 
be pleased to be attended on with the Council s Address. 

Then the said Gentlemen withdrew ; and being returned, Reported that they had waited on 
his Excellency with the above Message, And that his Excellency had been pleased to appoint 
immediately 

The Speaker left the Chair and the Council went to the Fort to present their Address to his 
Excellency 

The Council being returned the Speaker resumed the Chair; and reported that having 
attended his Excellency and presented to him the Council s Address, His Excellency had been 
pleased to return an Answer thereto. Which the Speaker delivered in at the Table. And the 
said Answer being read 

Ordered, that the said Address and Answer be entered in the Minutes which are as follow, 
viz 

To his Excellency the Honourable GEORGE CLINTON Captain General and Governor in Chief of 
the province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of his Majesty s Fleet 

May it please your Excellency 

We his Majesty s most dutiful and loyal Subjects the Council of the Colony of New York, 
beg leave to return your Excellency our hearty Thanks for laying before us, the Address of the 
General Assembly to your Excellency of the twentieth Instant, on which be beg leave to 
remark to your Excellency : 

That on the subject of Indian affairs it is true that one thousand pounds were lately granted 
for presents to the Indians, at your last interview with them ; and several of us were witnesses 
of the distribution of the presents to the Indians at that time. We are also informed that your 
Excellency laid a particular Account of the Disposition of that sum of Money before the 
Assembly in the present Session ; and we have not heard of any objection made to that Account. 

As to the state of the Indian Affairs still requiring a further aid; We beg leave to observe, 
That it has been usual in time of peace, to allow at the rate of four hundred pounds a year, for 
presents to the Indians, and at the Rate of one hundred and fifty pounds a year for the expence 
of the Governors going to Albany, to have an interview with them. But the Assembly of this 
Colony have made no provision for this usual expence, ever since the year 1745 except the grant 
of the said one thousand pounds and of one hundred and fifty pounds at the same time for your 
Excellency s voyage to Albany. In time of peace for six years the said usual rate would have 
amounted to three thousand three hundred pounds; so that in these six years last past, the 
provision made for that particular service, concerning Indian Affairs, falls two thousand one 
hundred arid fifty pounds short of what had been usually provided in time of Peace; tho several 
years of that time, was while this Colony was in actual War with the French of Canada and 
their Indians. 

We beg leave further to observe, that in time of Peace the usual allowance to Commissioners 
for managing Indian affairs, was one hundred and ninety pounds yearly; and in the years 1745, 
and 1746, it was something more ; But since the year 174G, no allowance has been made as yet 
by the Assembly, for that service ; which since 1746, amounts to nine hundred and fifty pounds ; 



1751.] The Hon. George Clinton, Esq : Governor. 1091 

so that in these last six years, this province has contributed less than usual in time of peace, 
upon the said two Articles of Indian Affairs, the sum of three thousand one hundred pounds. 

We are likewise informed, that it has been usual on the conclusion of a peace, for the 
Governor of this province, to have an interview with the six Nations, to take out of their hands 
the Hatchet which he had delivered them at the beginning of the War; to thank them for their 
Assistance, and to make them presents on that occasion, which your Excellency was not enabled 
to do by Reason that the Assembly made no provision at that time, for this, or the usual Expence, 
attending the Management of Indian Affairs. 

That there is great reason to apprehend, that these neglects have been of great prejudice to 
the British Interest at a time when the French are omitting no means in their power, with a 
great Expence, to withdraw the Affections of the Indians from us; and of which your Excellency 
has laid before the Assembly in this present Session, the repeated Informations which you had 
received. 

We find by the Minutes of the Commissioners of Indian Affairs and Letters between your 
Excellency and them, in the beginning of the year 1746, that they did not effect sundry matters 
which your Excellency required of them, and thought absolutely necessary for defeating the 
Intrigues of the French with our Indians ; whereby your Excellency was obliged to employ 
other persons to do those things ; which accordingly were successfully effected by those other 
Persons These Things with the repeated requests of the then Commissioners of Indian 
Affairs to be discharged, rendered it necessary for your Excellency to Employ others for the 
management of Indian Affairs in their Room. 

Col : Johnson the person chiefly employed since by your Excellency, we are well assured has 
managed the Indian Affairs with great prudence and success, and has advanced large sums of 
money on that service, the Accounts whereof have been from time to time laid before the 
General Assembly, a great part whereof stil remains unpaid and unprovided for : and the 
Non Payment of those Monies has laid him under the necessity (as he informs us) of declining 
that service for some months past. 

We are sorry to find the management of Indian Affairs censured in the manner it is in the 
Assembly s said Address ; and think it must be a great hardship to the Officers of the 
Government, to have their actions and Conduct censured in such a manner, that no other 
answer can be given but that of a bare negative, and to be deprived of all means of legally 
justifying themselves against such censures It must tend greatly to weaken the Administration, 
when the most Innocent may be equally exposed with the most Guilty, to the prejudices and 
bad impressions made by such means on the minds of the good people of this Colony. 

And we think it our duty as far as in us lies, to protect and support the Officers of the 
Government, while they execute their Offices with Diligence and Integrity ; so on the other 
hand, we shall be as solicitous to bring them to Justice, whenever properly charged with 
misconduct or any misdemeanor; and if found Guilty, that they shall -suffer a censure adequate 
to their offences. 

As to the steps mentioned in the Assemblys Address, to have been taken, for setting these 
matters, we Suppose they mean the Private Messages to your Excellency concerning the 
nomination of Commissioners for Indian Affairs The Advice which we gave your Excellency 
on those occasions, appears on our minutes, and was communicated by your Excellency to the 
Assembly. 

His Majesty has intrusted the advising your Excellency, in the nomination to Offices, with 
the Council ; and we ought as carefully to preserve the Constitution of Government in securing 
our own priviledges, by that Constitution, as by not invading those of others. Some of the 
Council itlways attend the Governour at his interviews with the Indians All the Transactions 
with the Indians are usually communicated to the Council and thereby they are better qualifyed 
to advise in these Matters, than its probable the Members of the Assembly can be But at this 
time we think, that more than usual care ought to be taken in the choice of Persons for the 
management of Indian Affairs, not only by reason of the great pains at this time taken by the 
French to our prejudice, but likewise on Account of a Trade carried on from Albany to Canada, 
which we are of opinion is greatly prejudicial to the British Interest; and therefore that it 
highly concerns the British Interest, that no person engaged in that Trade with Canada, be 
employed in the management of the Indian Affairs. 

We are humbly of opinion that the Reasons given by the Assembly for their not providing 
the necessary supplies for the repairing the Garrison at Oswego, are not satisfactory. Because 
the repairs wanting, more particularly set forth in the certificates concerning that matter, laid 
before the Assembly; and Because, as none reside at Oswego, except the Officers, Soldiers and 
Traders, it is probable none of them may be capable of making a proper estimate of the Expenses 
necessary for those Repairs. The season of the year will not permit any proper person to go at 
this time for that purpose, and if delayed till Spring, must unavoidably delay the necessary 
Repairs, perhaps till the season next year will not permit thein to be made, unless the Assembly 
be called for that purpose only, which would occasion a greater Expence to the Colony than 
these Repairs can amount to. And we are humbly of opinion, that if the Assembly had given 
their Consent to the Bill which the Council sent to them, for issuing Money for that purpose, 
Materials for the Repairs might have been provided in this Winter Season, and the Repairs made 



1092 Journal of the Leislative Council of New York. 






with the greatest Expedition possible; and. the Colony could not have suffered thereby, as the 
whole of the sum proposed to be issued for this purpose, was not to exceed two hundred pounds ; 
and if a less sum were found sufficient, no more was to be issued than should be found necessary, 
and even that to be accounted for on oath, to the Governour, Council and General Assembly. 

We must express our surprize, at the reflections the Assembly make on our desiring them to 
communicate to us the Accounts and Vouchers, for the payment of which large sums of money 
were to be issued from the Treasury, and to which the consent of the Council is necessary. And 
we must inform your Excellency, that this matter is not truely set forth in the Assembly s 
Address. We hope it was by mistake. For our first Message was in the following words 
"That the Council desire the House would communicate to them, the several accounts laid 
before the House, upon which the several allowances have been made in the Bill brought up to 
the Council Entitled, An Act for paying and discharging several Demands made on this Colony ; 
and the vouchers for the said Accounts, together with the several other Accounts recommended 
by his Excellency, to the General Assembly, this Session, and the vouchers respecting them." 

Our second Message was in the following words 

"Resolved, that it is the undoubted Right of the Council to see the Accounts and vouchers of 
them, for the payment of which any sum is to be taken from his Majesty s Revenue, and to the 
payment of which their consent is necessary. 

"Resolved, that the Council will not proceed on the Bill now before them Entituled, An Act 
for paying and discharging several Demands made on this Colony until the Accounts and 
Vouchers for the sums to be paid by virtue of said Bill shall appear before them " 

If the Assembly had been pleased to communicate the Accounts and Vouchers, we might 
have proceeded on that Bill, so that the creditors, many of which, as we believe, are absent at a 
great distance, might have received the money due to them, without the delay and trouble of 
making out new Accounts, and procuring new vouchers. For the Accounts and vouchers ifc 
cannot be denied we have a Right to see and examine. We never demanded the Accounts as 
a matter of Right from the Assembly. 

The Council, by the Kings Commission and Instructions, are peculiarly intrusted with the 
issuing of all money, granted to his Majesty by the General Assembly of this Colony; and we 
think it inconsistent with the British Constitution, that any Branch of the Legislature should 
yield a blind submission to the Judgment or opinion of the other. 

Before we leave your Excellency, we beg leave to express our great concern, for the 
Assembly s not having made the necessary provision for Indian Affairs, at a time when it was 
scarcely ever so much wanted to oppose the indefatigable endeavours and Intrigues of the 
French ; by which, not only the safety of this Colony but of all the Colonies in North America, 
may be in great danger. We hope your Excellency will be perswaded, that the Council of this 
Colony have done all in their power to prevent the mischiefs which may ensue from such 
neglect. 

The Assembly expresses a great desire, that your Excellency would please to dismiss them ; 
that they may return to their Families during the Winter season. We therefore have made all 
the dispatch in our power, in making this Address; tho we are sensible how much more time 
is necessary to represent the matters which are the subject of it, in the manner it truly deserves, 
that your Excellency may have it in your power to express your Regard for the ease of every 
Individual under your Care; and therefore we hope your Excellency will excuse any inaccuracies, 
into which we may have inadvertently fallen. 

By order of the Council 

CADWALLADEK GOLDEN Speaker 
Council Chamber City of New York 
the 23 d November 1751 

His Excellency s ANSWER, 
Gentlemen, 

I thank you for this Address. You may be assured, that I shall have a due Regard to the 
contents thereof 

G. CLINTON. 
Fort George 23 d November 1751 

Ordered, that the said Address and Answer be forthwith printed. 
Then the Council adjourned til Monday morning at 10 o clock 



1751.] The Hon. George Clinton, Esq : Governor 1093 

Monday, the twenty fifth day of November, 1751. 

* 
The Council met according to adjournment. 

PRESENT The Ilonu 1 CADWALLADER GOLDEN, Esq r , Speaker, 

JAMES ALEXANDER, 
ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq" 

The Speaker assumed the Chair. 

M r Holland moved that the 13111 passed by the Council, and sent down to the General Assembly 
for their concurrence, Entitulcd, "An Act for applying the sum of five hundred pounds for the 
management of Indian Affairs, and for repairing the garison at Oswego" be ordered by the 
Council to be printed. 

Which Motion being seconded 

On the Question being put, passed in the Affirmative. 
Ordered, that the said Bill be printed accordingly. 

His Excellency being come to the Council Chamber sent a Message to the General Assembly 
by the Dep y Secretary to require their immediate Attendance. And the House Attending 
accordingly 

His Excellency in the presence of the Council and the General Assembly, was then pleased 
to give his assent to the following Bills viz 

"An Act to prevent the breaking or otherwise injuring glass Lamps in the City of New 
York." 

" An Act further to continue An Act intituled An Act to restrain Hawkers and Pedlars within 
this Colony from selling without Lycense." 

"An Act to fix and ascertain the place for Elections of Representatives to serve in General 
Assembly for the County of Westchester." 

"An Act for the better clearing and further laying publick High roads in the County of 
Ulster." 

"An Act to continue the two Acts therein mentioned for and towards supporting the 
Government of this Colony." 

"An Act to enable the Supcrvizors of Richmond County to raise the sum of sixty pounds for 
building a dwelling House adjoining to the Goal of suid County for the residence of the Keeper 
of said Goal." 

"An Act to let to farm the Excise on Strong Liquors retailed in this Colony, for one whole 
year to commence from the first day of January next." 

"An Act to prevent Frauds in Debtors." 

An Act to raise levy and collect the sum of sixty pounds on the City and County of New York 
for the services therein mentioned." 

An Act for the relief of insolvent Debtors with respect to the Imprisonment of their persons 
in the City of New York." 

"An Act for mending and keeping in Repair the publick Road or Highway, from the House 
of John Home, in the Bowry Division, of the Outward of the City of New York, through the 
Bloomendale Division in the said Ward, to the House of Adrian Iloogelandt." 

"An Act for vesting in Trustees the sum of three thousand" four hundred and forty three 
pounds eighteen shillings raised by way of Lottery for erecting a College within this Colony." 

"An Act for the payment of the Salaries and services of the Government until the first day 
of September one thousand seven hundred and fifty two," and 

An Act for naturalizing Piere Vallarde, Mary Elizabeth Vallarde, Mary Elizabeth Colonge 
Widow of Disleau, Johannes Cossman and Ernst Houtschilt." 

Then the said fourteen Acts were published in the usual manner And his Excellency, the 
Council and the General Assembly being returned to the Council Chamber, His Excellency was 
pleased to DISSOLVE the General Assembly. 



1094 Journal of the Legislative Council of New York. 



[ N. Y. Col. MSB., LXXVIL, 33. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governotir in Chief of the 
(L. s.) province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of His Majesty s Fleet 

A PROCLAMATION. 

WHEREAS in pursuance of his Majesty s Writts bearing date the ninth day of January last 
the Representatives to be chosen by virtue of the said Writs are to be and appear at the City 
of New York on Tuesday the twenty Jifth day of February Instant to assist in a General Assembly 
to be then and there held for the said province I have thought fit to prorogue the said General 
Assembly to Tuesday the thirty first day of March next ensuing And I do by virtue of the 
power and Authority to me granted by his Majesty s Letters Patent under the great seal of 
Great Britain hereby accordingly prorogue the said General Assembly to Tuesday the thirty 
first, day of March next then to meet and proceed on business Of which all his Majesty s 
Subjects concerned therein are to take Notice and govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the fifteenth day of February in the year of our Lord one thousand seven 
hundred and fifty two and in the twenty fifth year of his Majesty s Reign 

G.CLINTON. 
By his Excellency s Command 

Gw BANYAR D Secry 

God save the KING. 



[ N. Y. Col. MSS., LXXVII., 34. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet. 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to the thirty first day 
of this Instant then to meet and proceed on Business. And whereas the Small pox is now 
spreading in this City and lik >ly to become general And many of the Representatives chosen 
and returned to serve in the said General Assembly have not had that Distemper Wherefore 
to avoid the Danger of meeting here at the said time I have thought fit further to prorogue the 
said General Assembly and I "do by virtue of the power and Authority to me granted by his 
Majesty s Letters Patent under the Great Seal of Great Britain hereby further Prorogue the 
said General Assembly to Tuesday the twenty eighth day of April next ensuing. Of which all 
his Majesty s Subjects concerned therein are to take notice and Govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the fourteenth day of March in the year of our Lord 1752 and in the twenty 
fifth year of his Majesty s Reign 

G. CLINTON. 
By His Excellency s Command 

Gw BANYAK D. Secry 

God save the KING. 



1752.] The Hon. George Clinton, Esq: Governor. 1095 

[ N. Y. Col. MBS., LXXVIL, 37. ] 

BY His EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to the twenty eighth 
day of this Instant I have thought fit further to Prorogue the said General Assembly And I 
do by virtue of the Power and Authority to me granted by his Majesty s Letters Patent under 
the Great Seal of Great Britain hereby further Prorogue the said General Assembly to Tuesday 
the twenty sixth day of May next ensuing of which all his Majesty s Subjects concerned therein 
are to take Notice and Govern themselves accordingly. 

Given under my hand and seal at Arms at Fort George in the City of New York 
the tenth day of April in the year of our Lord one thousand seven hundred 
and fifty two and of his Majesty s Reign the twenty fifth. 

G. CLINTON. 
BIJ His Excellency s Command 

Gw BANYAR D. Sccnj 

G-od save the KING. 



[ N. T. Col. MSB., LXXVIL, 41. ] 

BY His EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands prorogued to the twenty sixth 
day of this Instant. I have thought fit further to Prorogue the said General Assembly. And 
I do by virtue of the Power and Authority to me granted by His Majesty s Letters Patent 
under the Great Seal of Great Britain hereby further Prorogue the said General Assembly to 
Tuesday the thirtieth day of June next ensuing of which all His Majesty s Subjects concerned 
therein are to take Notice and govern themselves accordingly 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the fourteenth day of May in the year of our Lord one thousand seven 
hundred and fifty two, and of His Majesty s Reign the twenty fifth 

.G. CLINTON. 
By His Excellency! Command 

Gw BANYAR D Sicry 

God save the KING. 



1096 Journal of the Legislative Council of New York. 



[ N. Y. Col. MSS., LXXVII., 49. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands prorogued to the thirtieth day of 
this Instant. I have thought fit further to prorogue the said General Assembly ; and I do by 
virtue of the power and authority to me granted by his Majesty s Letters Patent under the Great 
Seal of Great Britain hereby further prorogue the said General Assembly to Tuesday the 
fourteenth day of July next ensuing Of which all his Majesty s Subjects concerned therein are to 
take Notice and govern themselves accordingly 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the twelfth day of June in the year of our Lord one thousand seven hundred 
and fifty two and of his Majesty s Reign the twenty sixth 

G. CLINTON 
By His Excellency s Command 

Gw. BANYAR D Secry 

God save the KING. 



[ N. T. Col. MSS., LXXVII., 49. ! 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New Yorlc and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands prorogued to the fourteenth day of 
July next I have thought fit further to prorogue the said General Assembly : And I do by virtue 
of the power and authority to me granted by his Majesty s Letters Patent under the Great Seal 
of Great Britain hereby further prorogue the said General Assembly to Tuesday the twenty 
eighth of July next ensuing of which all his Majesty s subjects concerned therein are to take 
Notice and Govern themselves accordingly 

Given under my hand and seal at Arms at Fort George in the City of Ncte Yorlc 
the twenty seventh day of June in the year of our Lord one thousand seven 
hundred and fifty two and of his Majesty s reign the twenty sixth 

G. CLINTON. 
By his Excellency s Command 

Gw. BANYAR, D Secry 

God save the KING. 



1752.] The Hon. George Clinton, Esq: Governor. 1097 

[ N. Y. Col. MSB., LXXVII., 61. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON, Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon Depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands prorogued to the twenty eighth day 
of this Instant I have thought fit further to prorogue the said General Assembly And I Do by 
virtue of the Power and Authority to me granted by his Majesty s Letters Patent under the 
Great seal of Great Britain Hereby further prorogue the said General Assembly to Tuesday the 
eleventh day of August next ensuing Of which all his Majesty s Subjects concerned therein are 
to take Notice and Govern themselves accordingly. 

Given under my hand and Seal at Arms at Fort George in the City of New York 
the sixteenth day of July in the year of our Lord one thousand seven hundred 
and fifty two, and of his Majesty s Reign the twenty sixth 

G. CLINTON. 
BIJ his Excellency s Command 

Gw. BANYAR D Secry 

God save the KING. 



[ N. Y. Col. MSS. LXXVII., 55.] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) province of New York and Territories thereon depending \nAmcrica Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to the eleventh day 
of August next I have thought fit further to Prorogue the said General Assembly And I Do by 
virtue of the power and authority to me Granted by his Majesty s Letters patent under the 
Great Seal of Great Britain Hereby further prorogue the said General Assembly to Tuesday 
the twenty fifth day of August next ensuing of which all his Majesty s Subjects concerned therein 
are to take Notice and Govern themselves accordingly. 

Given under my hand and seal at Arms at Fort George in the City of New York 
the thirty first day of July in the year of our Lord one thousand seven hundred 
and fifty two. And of his Majesty s Reign the twenty sixth 

G. CLINTON. 
By his Excellences Command 

Gw. BANYAR D Secry 

God save the KING. 



138 



1098 Journal of the Legislative Council of New York. 

[N. Y. Col. MBS. LXXVIL, 661 

BY HIS EXCELLENCY 

The Honorable GEORGE CLINTON Captain General and Governour in Chief of the Province 
(L. s.) of New York and Territories thereon depending in America Vice Admiral of the 
same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this province stands prorogued to the twenty fifth day of 
August Instant. I have thought fit by and with the Advice of his Majesty s Council further to 
prorogue the said General Assembly And I do by virtue of the power and Authority to me 
Granted by his Majesty s Letters Patent under the Great Seal of Great Britain hereby further 
Prorogue the said General Assembly to Thursday the twelfth day of October next ensuing : of 
which all his Majesty s Subjects concerned therein are to take notice and Govern themselves 
accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the twenty first day of August in the year of our Lord one thousand seven 
hundred and fifty two and of his Majesty s Reign the twenty Sixth 

G. CLINTON. 
By His Excellency s Command 

Gw BANYAR D Secry 

God save the KING. 



[ N. Y. Col. MSS. LXXVII., 57. ) 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governor in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to the twelfth day 
of October next I have thought fit by and with the advice of his Majesty s Council further to 
prorogue the said General Assembly and I do by virtue of the Power and Authority to me 
granted by his Majesty s Letters Patent under the Great Seal of Great Britain hereby further 
Prorogue the said General Assembly to Monday the twenty third day of October next then to 
meet at the House of Jacob Dyckman near Harlem in the Outward of the City of New York to 
proceed upon Business Of which all his Majesty s Subjects concerned therein are to take notice 
and Govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New 
York the twenty ninth day of September in the year of our Lord one thousand 
seven hundred and fifty two and of his Majesty s Reign the twenty Sixth 

G. CLINTON. 
BIJ his Excellency s Command 

Gw BANYAR D Sccry 

God save the KING. 



1752.] The Hon. George Clinton, Esq: Governor. 1099 

[ N. T. Col. MSS., LXXVII, 58. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of our ffleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to this day to meet at 
the House of Jacob Dyckman near Harlem in the Outward of the City of New York to proceed 
upon Business I have thought fit further to Prorogue the said General Assembly And I do by 
virtue of the power and Authority to me granted by his Majesty s Letters Patent under the 
Great Seal of Great Britain hereby further Prorogue the said General Assembly to Tuesday the 
twenty fourth day of October Instant to meet at the House of Jacob Dyckman above mentioned 
of which all his Majesty s Subjects concerned therein are to take Notice and govern themselves 
accordingly 

Given under my Hand and Seal at Arms at Fort George in the City of New 
York the twenty third day of October in the year of our Lord one thousand 
seven hundred and fifty two and of his Majesty s Reign the twenty Sixth. 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAE D Sccry 

God save the KING. 



TWENTY-SEVENTH ASSEMBLY FIRST SESSION. 



At a Session of the Council and General Assembly of the Province of New York, begun 
and holden at the House of Jacob Di/ckman in t(ie Outward of the City of New York, 
on Tuesday the twenty fourth day of October, one thousand seven hundred and fifty 
two, in the twenty sixth year of the Reign of King George the Second. 

His Excellency having on the 25 tb day of November last been pleased to dissolve the late 
General Assembly and Writts being issued for electing Representatives to serve in General 
Assembly returnable on Tuesday the twenty fifth day of February last The said General 
Assembly was afterwards by sundry Proclamations prorogued to this day 

And the Council met accordingly. 

PRESENT The Hono J/e JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

His Excellency the Governour being come to the Council Chamber, sent a Message by the 
Deputy Secretary requiring the immediate attendance of such of the members of the General 
Assembly who had been qualified And nineteen of the members appearing accordingly 

His Excellency was pleased to direct them to return to the Assembly Chamber and choose a 
Speaker and present him to his Excellency immediately for his approbation. 

The members of the General Assembly being returned, presented David Jones Esq r as their 
Speaker to his Excellency for his Approbation. 

Which Choice his Excellency was pleased to approve of. 

Then the said David Jones Esq r after a short Apology for himself, desired his Excellency in 
behalf of the House that their Words and Actions might constantly have a favourable 
construction. That the members might from time to time have free Access to his Excellency 
and that they and their servants might be priviledged and protected as usual. 

Which his Excellency was pleased to grant. 

His Excellency then made a Speech to the Council and General Assembly and delivered one 
copy thereof to the Speaker of the Council and another to the Speaker of the General 
Assembly. 

And his Excellency having left the Council Chamber 

The Speaker resumed the Chair. 

Ordered, that his Excellency s Speech be Read. 

Which being Read accordingly It is 

Ordered, that the same be entered in the minutes and is as follows. 

Gentlemen of the Council, and General Assembly, 

As Sundry Acts which greatly concern the Trade and Welfare of this Province, will by their 
own Limitation, expire the first day of January next ; I have appointed this Meeting with you, 
to give you an opportunity, either to continue those Acts or provide ojther ways in the place of 
them. 

The State of the Indian Affairs, and of the Frontier Forts and Fortifications in general, 
require your most serious consideration, timely provision, and aid I shall by the Deputy 
Secretary, lay before you, the informations I have had concerning them. 

Gentlemen of the General Assembly 

The season of the year will naturally lead you to make Provision for the support of his 
Majesty s Government. 

Gentlemen of the Council and General Assembly, 

I assure you that whatever Bills you shall agree on for the Benefit of this Province, consistent 
with my Duty to pass shall most readily have my Assent. 

G. CLINTON 
City of New York 24 th October 1752 



1752.] The Hon. George Clinton, Esq : Governor. 1101 

Ordered, that his Excellency s Speech be printed. 

Then M r Chambers moved that an humble Address be presented to his Excellency upon the 
subject matter of his Speech. 

Which motion being seconded and agreed to 

Ordered, that an humble address be presented to his Excellency accordingly. 

Ordered, that M r Kennedy, and M r Chambers be a Committee to prepare a Draft of the said 
Address. 

Then the Council adjourned til Wednesday Morning 11 o clock at the City Hall of the City 
of New York. 



City Hall, New York, Wednesday, the 25" day of October, 1752. 
The Council met according to adjournment. 

PRESENT The Hono ble JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

M r Chambers from the Committee appointed to prepare the Draft of an Address to his 
Excellency presented the same to the Council which was Read and 
On the Question being put, was agreed to and approved 
Ordered, that the Address be engrossed. 
The Council adjourned till 9 o clock to morrow morning. 



Thursday, the 26 " day of October, 1752. 
The Council met according to adjournment 

PRESENT The Hono 1lle JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

The Engrossed Address to his Excellency was Read and 

Ordered to be signed by the Speaker. And the Speaker having signed the same 

Ordered, that M r Kennedy and M r Chambers do wait on his Excellency to know when he 

will be pleased to be attended with the Council s Address. 

Theu the said Gentlemen withdrew, and being returned, Reported that they had attended 

his Excellency with the above Message, And that his Excellency was pleased to appoint to 

morrow morning at 11 o clock, at the House of Benjamin Benson in the Outward of the City 

of New York. 

The Council adjourned til to morrow morning 11 o clock to meet at the House of the said 

Benjamin Benson. 



Harlem, Outward of the City of New York. Fry day the 27" 1 day of October, 1752. 
The Council met according to adjournment. 

PRESENT The Hono Ue JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq". 

The Speaker assumed the Chair. 

Then the Speaker left the Chair and with the Council went to present their Address to his 
Excellency and being Returned. 



1102 Journal of the Legislative Council of New York. 






The Speaker resumed the Chair, and Reported that having attended his Excellency and 
presented to him the Council s Address His Excellency had heen pleased to return a favourable 
Answer thereto And the Same being read 

Ordered, that the said Address and Answer be entered in the minutes which are as follow viz 

To His Excellency the Honorable GEORGE CLINTON Captain General and Governor in Chief of 
the Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of his Majesty s Fleet 

The humble ADDRESS of his Majesty s Council of the Province of New York. 

May it please your Excellency 

We his Majesty s most dutiful and loyal subjects, the Council of the Province of New York 
beg leave to return your Excellency our hearty thanks for your favourable Speech 

We are truly sensible of the Importance of those several Acts which will expire on the first 
of January next, and shall readily join in the continuance of them or in making any other proper 
Provision in their place. 

Your Excellency s former care of Indian Affairs and Fortifications, and your now hearty 
Recommendation of them, shew your regard and concern for the Good and Safety of this 
Province, in providing for which we hope no time will be lost, and assure your Excellency of 
our hearty concurrence in every proper measure for that purpose. 

We likewise return your Excellency our humble thanks for your kind assurances of giving 
your ready Assent to all such Bills as may be offered for the Benefit of this Province. 

By order of the Council 

JAMES ALEXANDER Chairman. 
Council Chamber City of New York 
26 th October 1752 

His EXCELLENCY S Answer. 

Gentlemen of the Council 

I heartily thank you for this Address, and for the sense you express of my Care and Regard 
for the Good and safety of this Province, for which my best endeavours shall be continued. 

G. CLINTON. 
City of New York 
27 th October 1752. 

Ordered, that the said Address and Answer be forthwith printed. 

Then the Council adjourned to Wednesday next at three o clock P: Merid m to meet at the 
City Hall of the City of New York. 



City Hall, New York. Wednesday, the Jirst day of November, 1752. 
The Council met according to adjournment. 

PRESENT The Hono uu JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r De Lancey and M r Filkin with the Bill 
Entituled, " An Act further to continue the two Acts therein mentioned for and towards 
supporting the Government of this Colony " desiring the concurrence of the Council thereto. 

A Message from the General Assembly by Cap 1 Richard and Captain Dow, with the Bill 
Entituled, " An Act to continue An Act entituled, An Act to Regulate the Gauging of Rum 
Brandy and other Distilled Liquors and Molasses and other purposes therein mentioned" 
desiring the concurrence of the Council thereto. 

A Message from the General Assembly by Captain Walton and Captain Dow with the Bill 
Entituled " An Act to prevent damages by swine in the Manor of Livingston" desiring the 
concurrence of the Council thereto 

Ordered, that the said three Bills be Read. 

Then the said three Bills were Read the first time and 

Ordered a second Reading. 

The Council adjourned til to Morrow 3 o clock P M dm 



1752.] The Hon. George Clinton, Esq: Governor. 1103 

Thursday, the 2<* day of November, 1752. P. M. 
The Council met according to adjournment. 

PRESENT The Hono m JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

A Message from the General Assembly by Captain Dow and Captain Renselaer with the Bill 
Entituled, " An Act to continue An Act entituled, An Act to prevent the Exportation of 
unmerchantable flour and the false taring of Bread and flour casks with an Addition thereto " 
desiring the concurrence of the Council thereto. 

A Message from the General Assembly by Captain Richard and Captain Livingston with 
the Bill Entituled, "An Act for altering the Annual Meeting of the Supervizors of the County 
of Ulster " desiring the concurrence of the Council thereto. 

Ordered, that the said two Bills be Read. 

Then the said two Bills were Read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, " An Act further to continue the two Acts therein mentioned 
for and towards supporting the Government of this Colony" 

The Bill Entituled, " An Act to continue An Act Entituled, " An Act to regulate the gauging 
of Rum Brandy and other distilled Liquors and Molasses, and other purposes therein mentioned" 
And 

The Bill Entituled, " An Act to prevent Damages by Swine in the Manor of Livingston " be 
now read the second time 

Then the said three Bills were read the second time and 

Ordered to be committed. 

The Council adjourned til to morrow 3 o clock P M d 



Fryday, the 3 d day of November, 1752. P Med. 
The Council met according to adjournment 

PRESENT The Hono b!e JAMES DE LANCEY, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair 

A Message from the General Assembly by Capt n Walton and Captain Dow with the Bill 
Entituled, " An Act to continue the three Acts therein mentioned, for supporting the Garrison 
and Trading House at Oswego, with an addition thereto " desiring the concurrence of the 
Council thereto 

A Message from the General Assembly by Cap 1 Richard and M r Cruger with the Bill 
Entituled, " An Act to enable the Mayor and Aldermen of the City of New York, for the time 
being or the Major part of them, to raise a Tax for mending and keeping in Repair the Publick 
Wells and Pumps in the said City to the south of Fresh Water, and other the purposes therein 
mentioned " desiring the concurrence of the Council thereto. 

Ordered, that the said two Bills be Read. 

Then the said two Bills were Read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, " An Act to continue An Act Entituled, An Act to prevent 
the Exportation of unmerchantable Flour, and the false Taring of Bread and flour Casks with 
an addition thereto " and 

The Bill Entituled, " An Act for altering the Annual meeting of the Supervizors of the 
County of Ulster " be now Read the second time 

Then the said Bills were Read the second time and 

Ordered to be committed. 

M r Chambers took his seat. 

The Speaker left the Chair and 



1104 Journal of the Legislative Council of New York. [ 2 1^ . 

The Council resolved into a Committee on the Bill Entituled, " An Act further to continue 
the two Acts therein mentioned for and towards supporting the Government of this Colony." 

The Bill Entituled, "An Act to continue An Act Entituled, An Act to Regulate the gauging 
of Rum, Brandy and other distilled Liquors and Molasses, and other purposes therein mentioned" 
and 

The Bill Entituled. An Act to prevent damages by Swine in the Manor of Livingston " 

The Committee having gone through the said three Bills and being ready to make their 
Report thereon. 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported, that the Committee 
had gone through the said three Bills, and had directed him to Report the same without 
Amendment. 

Which Report On the Question being put was agreed to and approved t>f and the Bills 

Ordered a third Reading. 

Then the said three Bills were Read the third time and 

On the Question being put 

Resolved, that the said Bills do pass. 

Ordered, that the Hono ble John Chambers Esq r do acquaint the General Assembly that the 
Council have passed the said three Bills without Amendment. 

The Council adjourned till Monday 3 o clock P M d 



Mondaij, the 6 A day of November, 1752. 
The Council met according to adjournment. 

PRESENT The Hono ble JAMES ALEXANDER. Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq". 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act to continue the three Acts therein mentioned for 
Supporting the Garison and Trading House at Oswego with an addition thereto" and 

The Bill Entituled, "An Act to Enable the Mayor and Aldermen of the City of New York 
for the time being, or the major part of them, to raise a Tax for mending and keeping in 
Repair the publick Wells and Pumps in the said City, to the south of Fresh Water and other 
the purposes therein meniioned " be Read the second time 

Then the said two Bills were Read the second time and 

Ordered to be committed. 

The Hono ble James De Lancey Esq r and the Hono llle Joseph Murray Esq r took their seats 

A Message from the General Assembly by Cap Dow and Cap Winne with the Bill Entituled, 
An Act to Let to Farm the Excise on Strong Liquors retailed in this Colony, from the first 
day of January one thousand seven hundred and fifty three to the first day of January which 
will be in the year of our Lord one thousand seven hundred and fifty four, desiring the concur 
rence of the Council thereto. 

Ordered, that the said Bill be Read. 

Then the said Bill was Read the first time and 

Ordered a second Reading. 

The Speaker left the Chair, and 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act to 
continue An Act Entituled, An Act to prevent the Exportation of unmerchantable flour and 
the false taring of Bread and flour Casks with an addition thereto" and 

The Bill Entituled, "An Act for altering the annual meeting of the Supervizors of the County 
of Ulster." 

The Committee having gone through the said two Bills and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Chambers Chairman of the said Committee in his place Reported, that the 
Committee had gone through the said two Bills and had directed him to Report them without 
Amendment. 

Which Report on the Question being severally put was agreed to and approved of. And the 
said Bills 

Ordered a third Reading. 



1752.] The Hon. George Clinton, Esq: Governor. 1106 

Then the said two Bills were read the third time and 
On the Question being severally put 
Resolved, that the said Bills do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly, that the 
Council have passed the said two Bills without Amendment. 
Then the Council adjourned till to Morrow 3 o clock P Merd. 



Tuesday, the T h day of November, 1753. (sic.) 

The Council met according to adjournment. 

PRESENT The Hono bU JAMES ALEXANDER, Esq r , Speaker, 

EDWARD HOLLAND, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, " An Act to let to farm the Excise on Strong Liquors 
retailed in this Colony from the first day of January one thousand seven hundred and fifty 
three, to the first day of January which will be in the year of our Lord one thousand seven 
hundred and fifty four" be now Read the second time. 

Then the said Bill was read the second time and 

Ordered, to be committed. 

The Hono ble Archibald Kennedy Esq r took his seat 

The Speaker left the Chair arid 

The Council Resolved into a Committee on the Bill Entituled, " An Act to continue the 
three Acts therein mentioned, for supporting the Garison and Trading House at Oswego, with 
an Addition thereto " 

The Committee having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately 

Then M r Chambers Chairman of the said Committee in his place Reported, that the 
Committee had gone through the said Bill, and had directed him to Report the said Bill without 
Amendment. 

Which Report on the Question being put was agreed to and approved of and the Bill 

Ordered a third Reading. 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble Edward Holland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 

The Council adjourned till to morrow 3 o clock P Merd. 



Wednesday, the 8 * day of November, 1752. P 1 M. 
The Council met according to adjournment. 

PRESENT The Hono ble JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Verplanck and Cap Winne with the Bill 
Entituled, " An Act to confirm the Courts of General Sessions of the peace and Common Pleas 
held for the County of Richmond on the first Tuesday in October last" desiring the concurrence 
of the Council thereto. 

Ordered, that the said Bill be Read. 

Then the said Bill was Read the first time and 

Ordered a second Reading 

139 



1106 Journal of the Legislative Council of New York. [ 27 iJtsS 

A Messnge from the General Assembly by Captain Livingston and M r Verplanck with the 
Bill Entituled, "An Act for the Payment of the Salaries and Services of the Government until 
the first day of September one thousand seven hundred and fifty tiiree " desiring the concurrence 
of the Council thereto. 

Ordtred, that the said Bill be Rend 

Then the said Bill was Read the first time and 

Ordered, a second Reading. 

The Hono ble James De Lancey Esq r took his Seat. 

The Speaker left the Chair, And 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act to Let to 
farm the Excise on Strong Liquors retailed in this Colony from the first day of January one 
thousand seven hundred and fifty three to the first day of January which will be in the year of 
our Lord one thousand seven hundred and fifty four." 

The Committe having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordtred, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill, and had directed him to Report the same without Amendment 

Which Report on the Question being put was agreed to and approved of, and the Bill 

Ordered a third Reading. 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Honourable Joseph Murray Esq r do acquaint the General Assembly that 
the Council have passed the said Bill without Amendment. 

Then the Council adjourned till to morrow morning 10 o clock 



Thursday, November the 9" , 17";2. 
The Council met according to adjournment. 

PRESENT The Hono ble JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JOSEPH MURRAY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq. 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act to confirm the Courts of General Sessions of the 
Peace and Common Pleas held for the County of Richmond on the first Tuesday in October 
last" and 

The Bill Entituled, "An Act for the Payment of the Salaries and services of the Government 
until the first day of September one thousand seven hundred and fifty three be now read 
the second time. 

Then the said two Bills were Read the second time and 

Ordered to be committed. 

The Speaker left the Chair and 

The Council Resolved into a Committee on the said two Bills arid being ready to make their 
Report thereon. 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said two Hills, and had directed him to report the same without 
Amendment. 

Which Report on the Question being put was agreed to and approved of and the Bills 

Ordered a third Reading. 

The Council adjourned til 3 o clock P Merd. 



1752.] The Hon. George Clinton, Esq: Governor. 1107 

Thursday, the 9" day of November, \ 752. P M, 
The Council met according to adjournment 

PRESENT The Hono We JAMES ALEXANDER, Esq r , Speaker, 

JOSEPH MURRAY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq rs . 

The Speaker assumed the Chair 

Ordered, that the Bill Entituled, "An Act to confirm the Courts of General Sessions of the 
Peace, and Common Pleas held for the County of Richmond on the first Tuesday in October 
last" & 

The Bill Entituled, "An Act for the Payment of the Salaries and services of the Government 
until the first day of September one thousand seven hundred and fifty three " be now read ihe 
third time 

Then the said two Bills were Read the third time and 

On the Question being severally put 

Rcsolv/ d, that the said two Bills do pass. 

Ordered, that the Honourable Edward Holland Esq r do acquaint the General Assembly that 
the Council have passed the said two Bills without Amendment. 

The Council adjourned til Saturday Morning 11 o clock to meet at the house of Jacob 
Dykeman in the Outward of the City of New York. 



Harlem in the Outward of the City of New York. Saturdtiy the 1 1" day of November, 1752. 
The Council met according to Adjournment. 

PRESENT The Hono Me JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
JAMES DE LANCEY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, Esq". 

The Speaker assumed the Chair. 

His Excellency being come to the Council Chamber sent a Messnge to the General Assembly 
by the Deputy Secretary to require their immediate attendance And the House attending 
accordingly 

His Excellency in the presence of the Council and the General Assembly was pleased to give 
his Assent to nine Bills the Titles whereof are as follow: 

"An Act further to continue the two Acts therein mentioned, for and towards supporting ihe 
Government of this Colony." 

"An Act to continue An Act Entituled An Act to Regulate the gauging of Rum Brandy and 
other Distilled Liquors and Molasses, and other purposes therein mentioned" 

"An Act to prevent Damages by Swine in the Manor of Livingston" 

"An Act to continue An Act Entituled An Act to prevent the Exportation of unmerchantable 
Flour and the false taring of Bread and Flour Casks, with an Addition thereto 

"An Act for altering the Annual Meeting of the Supervizors of the County of Ulster" 

"An Act to continue the three Acts therein mentioned for supporting the Garrison and Trading 
House at Oswego with an Addition thereto" 

"An Act to let to farm the Excise on Strong Liquors Retailed in this Colony, from the first 
day of January one thousand s.-ven hundred and fifty three, to the first day of January 
which will be in the year of our Lord one thousand seven hundred and fifty four" 

"An Act to confirm the Cou. ts of General Sessions of tho Peace and Common Pleas held for 
the County of Richmond on the first Tuesday in October last" and 

" An Act for the Payment of the salaries and services of the Government until the first day of 
September one thousand seven hundred and fifty three." 

Then the said nine Acts were published in the usual manner. And his Excellency, the 
Council and the General Assembly being returned to the Council Chamber His Excellency was 
pleased to Prorogue the General Assembly until the first Tuesday in March next. 



1108 Journal of the Legislative Council of New York. [ 2 i"tBe.^ 

[ N. Y. Col. MSB., LXXVIL, 67. ] 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governour in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America, Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to Tuesday the Sixth 
day of March next I have thought fit further to Prorogue the said General Assembly. And I 
do by virtue of the power and Authority to me Granted by his Majesty s Letters Patent under 
the Great Seal of Great Britain hereby further Prorogue the said General Assembly to Tuesday 
the Tenth day of Aprill next ensuing of which all his Majesty s Subjects concerned therein are 
to take Notice and Govern themselves accordingly. 

Given under my hand and Seal at Arms at Fort George in the City of Niw YorJc 
the nineteenth day of February in the year of our Lord one thousand seven 
hundred and fifty three and of his Majesty s Reign the twenty Sixth. 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAR D Stcry 

God save the KING. 



[ N. Y. Col. MSS., LXXVII., 71. J 

BY HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Governor in Chief of the 
(L. s.) Province of New York and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to Tuesday the tenth 
day of April next I have thought fit by and with the advice of his Majesty s Council further to 
Prorogue the said General Assembly And I do by virtue of the Power and Authority to me 
granted by his Majesty s Letters Patent under the Great Seal of Great Britain hereby further 
Prorogue the said General Assembly to Tuesday the fifteenth day of May next ensuing of which 
all his Majesty s Subjects concerned therein are to take Notice and Govern themselves 
accordingly. 

Given under my hand and Seal at Arms at Fort George in the City of New York 
the seventeenth day of March in the year of our Lord One thousand seven 
hundred and fifty three and of his Majesty s Reign the twenty Sixth. 

G. CLINTON. 
By his Excellency s Command 

Gw BANYAR D Sccry 

God save the KING 



1753.] The Hon. George Clinton, Esq : Governor. 1109 

[ N. Y. Col. MSS., LXXVIL, fO.] 

By HIS EXCELLENCY 

The Honourable GEORGE CLINTON Captain General and Govcrnotir in Chief of the 
(L. s.) Province of New Yo k and Territories thereon depending in America Vice Admiral of 
the same and Admiral of the White Squadron of his Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province stands Prorogued to Tuesday the 
fiftt cnth day of May next I have thought fit further to Prorogue the said General Assembly and 
I do by virtue of the power and Authority to me granted by his Majesty s Letters Patent unHer 
the Great Seal of Great Britain hereby further prorogue the said General Assembly to Monday 
the twenty eighth day of May next ensuing of which all his Majesty s Subjects concerned therein 
are to take Notice and Govern themselves accordingly. 

Given under my hand and Seal at Arms at Fort George in the City of New York 
the twenty first day of April in the year of our Lord one thousand seven 
hundred and fifty three and of his Majesty s Reign the twenty sixth. 

G. CLINTON. 
BIJ His Excellency s Command 

Gw BANYAR D SScry 

God save the KING. 



[N. Y. Col. MSS. LXXVIL, 81.J 

BY ins EXCELLENCY 

The Hono ble GEORGE CLINTON Captain General and Governour in Chief of the Province of 

(L. s.) New York and Territories thereon depending in America Vice Admiral of the same and 
Admiral of the White Squadron of His Majesty s Fleet 

A PROCLAMATION. 

WHEREAS the General Assembly of this Province Stands Prorogued to Monday the twenty 
eighth day of May next ; I have thought fit by and with the advice of his Majesty s Council 
further to Prorogue the said General Assembly And I do by virtue of the power and authority 
to me Granted by his Majesty s Letters Patent under the Great Seal of Great Britain hereby 
further Prorogue the said General Assembly to Wednesday the thirtieth day of May next then to 
meet at the Court House at Jamaica in Queens County to proceed upon Business of which all 
his Majesty s subjects concerned therein are to take Notice and Govern themselves accordingly. 

Given under my Hand and Seal at Arms at Fort George in the City of New York 
the thirtieth day of April in the year of our Lord one thousand seven hundred 
and fifty three and of his Majesty s Reign the twenty sixth. 

G. CLINTON. 
By His Excellency 1 s Command 

Gw BANYAR D SCcry 

God save the KING. 



1110 Journal of the Legislative Council of New York. 






TWENTY-SEVENTH ASSEMBLY SECOND SESSION. 



Province of 
New York 

At a Session of the Council and General Assembly of tlie said Province begun at 
Jamaica in Queens County on Wednesday the thirtieth day of May One thousand 
seven hundred and fifty three in the Twenty sixth year of King Greorge the Second. 

His Excellency the Honourable George Clinton having been pleased on the 11 th day of November 
last to prorogue the General Assembly to the first Tuesday in March following, and by sundry 
Proclamations from time to time published, to this day to meet at this place 

The Council met accordingly. 

PRESENT The Hono ble JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq rs . 

The Speaker assumed the Chair 

His Excellency being come to the Council Chamber, the Speaker left the Chair, and his 
Excellency sent a Message by the Deputy Secretary to the General Assembly, requiring tho 
immediate Attendance of that House 

And the House attending accordingly. 

His Excellency made a Speech to the Council and General Assembly, and delivered one Copy 
to the Speaker of the Council, and another to the Speaker of the General Assembly and then 
returned to his Residence 

The Speaker resumed the Chair and 

Reported that his Excellency had been pleased to make a Speech to the Council and General 
Assembly, of which he had obtained a copy, which he delivered in at the Table, where the 
same was Read and 

Ordered to be entered in the minutes and is as follows 

Gentlemen of the Council, and General Assembly, 

I have received some Instructions from the Lords Justices, with a Letter accompanying the 
same, from the Lords of Trade and Plantations, recommending the considering and revising the 
Laws of this Province, and in Lieu thereof, to frame and pass a compleat and well digested 
Body of New Laws. Together with the Copy of an Act, passed in Virginia, for the like Purpose, 
recommended as a Plan for executing what is proposed by the said Instructions; Copies of 
which Instructions, Letter and Act, are ready and will be laid before you. This, Gentlemen, 
is a Matter of great Importance, and may, if duly attended to, be of singular Use and Service 
to the Province, and as such, 1 doubt not, but you will readily give it all the Consideration and 
Dispatch, which the Weight and Nature of the Affair may require. 

Gentlemen of the General Assembly, 

As there was a Necessity of Meeting you early, I have (with the Advice of his Majesty s 
Council) appointed this Place, as being the most convenient, secure and free from the Infection 
of the Small-Pox, of any we could judge of; for although the City is now said to be almost 
free from that Distemper, yet to have called you, Gentlemen, at this Season, to that Place, 
might have given many of you great Uneasiness, if you had found yourselves exposed to any 
Degree of Danger from the remaining Infection. 

You will now, Gentlemen, have an Opportunity of taking into your further Consideration, 
the State of Indian Affairs, and ruinous Condition of the Trading House at Oswego, frontier 
Forts and Fortifications in general, and making proper and necessary Provisions for them as 
well as for settling and discharging the several Accounts and Demands on the Government, 
which were contracted during the late War, on the publick Faith, and for the Service and 
Honour of the Province, and particularly by Colonel Johnson, whose Case with the Rest, I 
earnestly recommend to you : And make no Question, but you will do therein, what is consistent 
with Honour and Justice. 

The Resolution you made at the Close of the last Session, for establishing a Seminary for the 
Education of Youth within this Colony, is laudable and worthy your diligent Prosecution, and 
most serious Attention. 



1753.] The Hon. George Clinton, Esq: Governor. 1111 

Gentlemen of the Council, and General Assembly, 

Some Intrusions have lately been made on the Lands of his Majesty and his Subjects of this 
Province, whereof sundry Complaints have been made to me, Copies of those Complaints, and 
of what I have done thereon, shall be laid before you, being well assured, you will use your 
best Endeavours for the Preservation of his Majesty s Authority and Jurisdiction, to the Extent 
of the Bounds of this Province, and for the Protection of the Properties of his Majesty and his 
Subjects within it ; ;md I leave it to you, to consider, whether it may not be expedient that 
Committees of both Houses should be appointed to meet and concert the most proper Measures 
to be taken in this Affair, wherein I shall give my best Assistance. 

While 1 continue to have the Honour ot representing his Majesty as Governor here, I shall 
readily and heartily join with you, in doing; every Thing in my Power, consistent with my Duty, 
that may promote the Happiness and Welfare of the good People of this Province. 

G. CLINTON. 
Jamaica Queens County 
^O th May 1753. 

Ordered, that his Excellency s Speech be forthwith printed. 

Then M r Holland moved that an humble Address might be presented to his Excellency in 
answer lo his Speech 

Which motion being seconded and agreed to 

Resolved, that an humble Address be presented to his Excellency accordingly. 

Oidered, that M r Kennedy and M r Holland be a Committee to prepare the Draft of the said 
Address. 

Then the Council adjourned for an hour. 



Wednesday, the 30" day of May, 1753. 
The Council met according to adjournment. 

PRESENT as before. 

The Speaker assumed the Chair. 

M r Holland from the Committee appointed to prepare the Draft of an Address to his 
Excellency read and presented the same at the Board where the same was again read and agreed 
to, and 

Ordered to be Engrossed. 

The Council adjourned till to morrow morning 10 o clock to meet at Flushing. 



Flushing, Thursday, the 31 s day of May, 1753. 
The Council met according to adjournment. 

PRESENT The Hono m JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

The Engrossed Address to his Excellency was read and 

Ordered to be signed by the Speaker, and 

The Speaker having signed the same 

Ordered, that M r Holland wait on his Excellency to know when he will be pleased to be 
attended with the Council s Address : who being returned Reported, that his Excellency had 
appointed immediately. 

Then the Speaker left the Chair and 

With the Council went to present the Council s Address and being Returned 

The Speaker resumed the Chair, and Reported 

That having attended his Excellency and presented to him the Council s Address, his 
Excellency had been pleased to return a favourable answer thereto, which being read 

Ordered, that the said Address and Answer be entered in the Minutes which are as follow 



1112 Journal of the Legislative Council of New York. [*$ &S 

To His Excellency the Honourable GEORGE CLINTON Captain General and Governor in Chief 
of the Province of New York and Territories thereon depending in America Vice Admiral 
of the same and Admiral of the White Squadron of his Majesty s Fleet 

The Humble ADDRESS of his Majesty s Council of the Province of New York. 

May it please your Excellency 

We his Majestys most dutif ull and loyal Subjects, the Council of the Province of New York, 
beg leave to return your Excellency our most gratefull and sincere thanks for your favourable 
Speech. 

We are fully sensible of the great importance which the reviseing of the old, and passing a 
complete and well digested Body of new Laws will be to this province, and shall with the 
utmost willingness do every thing in our power to promote so usefull and beneficial a design, 
which work will be rendered much easier by the late Edition of the Laws of this Province than 
otherwise it would have been. 

The Intrusions made on tlie Lands of his Majesty and his Subjects in this Province, of which 
several complaints have been made to your Excellency may in their consequences greatly 
endanger the interest and peace of this Colony. And as we are truly sensible that your 
Excellency has already taken a great deal of pains to prevent the many mischevious eifects 
which may naturally attend such proceedings, so we cannot but acknowledge your goodness 
and care in laying that matter before the several Branches of the Legislature not doubting but 
that they will use their best endeavours to support your Excellency therein : assuring your 
Excellency we shall be ready to join in concerting the most prudent measures to be taken in 
this affair. 

Tis with pleasure we embrace this opportunity to acknowledge our intire confidence in your 
Excellency s disposition to promote the true interest of the people of this Province, consistent 
with your duty ; and we beg leave to assure you, that we will most readily and heartily join 
with your Excellency, in every measure suitable and proper to advance the publick happiness 
and prosperity ; to promote the Dignity and authority of his Majesty s Government ; and your 
Excellency s Honour and ease in your administration, while you continue to represent his 
Majesty as Governour of this Province. 

By order of the Council 

JAMES ALEXANDER Speaker. 
Jamaica in Queens County 
31 "May 1753. 

His EXCELLENCY S Answer. 

Gentlemen , 

I thank you for this kind Address : as it is a great satisfaction to me to have my Conduct and 
administration meet with your approbation, so I shall with the greatest confidence rely on the 
continuance of your good advice and Assistance in the discharge of my duty to his Majesty and 
this Province. 

G. CLINTON. 
Flushing the 31" May 1753. 

Ordered, that the said Address and Answer be forthwith printed. 

Then the Council adjourned til Monday next 11 o clock to meet at Brookland. 



Brookland, in Kings County, Monday, the 4 * day of June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono bl6 JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq. 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Livingston and M r Renselaer desiring the 
Council will appoint a Committee to meet and join a Committee of the General Assembly, to 
consider of that part of his Excellency Speech which relates to certain Intrusions being made 
on this Colony by the neighbouring Colonies, and acquainting the Council that on notice of 
such an appointment by the Council, that House will appoint a Committee accordingly. 



1753.] The Hon. George Clinton, Esq: Governor. 1113 

Ordered, that the Honourable Archibald Kennedy and Edward Holland Esq" be a Committee 
to join the Committee to be appointed by the General Assembly for the purpose mentioned in 
the above Message, And the Speaker of the Council is also desired to assist at the said 
Committee. 

Ordered, that the said Committees meet at the House of George Burns in the City of New 
York on Thursday the 7 th Instant at 5 o clock in the afternoon. 

Ordered, that the Honourable Edward Holland Esq r do acquaint the General Assembly, that 
the Council have appointed the Hono ble Archibald Kennedy Esq r and himself to be a Committee 
to join a Committee to be appointed by the General Assembly, to consider of that part of his 
Excellency s Speech which Relates to certain Intrusions being made on this Colony : That the 
Speaker of the Council is desired to assist the said Committees and that the said Committees 
are to meet at the House of George Burns in the City of New York on Thursday the 7 th 
Instant at 5 o clock in the afternoon. 

M r Holland moved for leave to bring in a Bill to revive the Act for regulating the Militia of 
this Colony which expired on the 

Ordered, that leave be given accordingly. 

The Council adjourned till Fryday the 8 tb June 1753 to meet at the Council Chamber in the 
City of New York. 



Council Chamber, City of New York, Fry clay, the 8" of June, 1753 

The Council met according to adjournment. 

PRESENT The Hono lle JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, Esq". 

The Speaker assumed the Chair. 

A Message frpm the General Assembly by C<ip l Walton and M r Watts with the Bill Entituled, 
"An Act to amend An Act Entituled, An Act for the more effectual cancelling the Bills of 
Credit of this Colony" desiring the concurrence of the Council thereto. 

Ordered, that the said Bill be now read 

Then the said Bill was Read the first time and 

Ordered a second Reading. 

Then the Council adjourned till Fryday 11 o clock. 



Fryday, the 15 tA day of June, 1753. 

The Council met according to adjournment. 
PRESENT The Hono jle JAMES ALEXANDER, Esq r , Speaker. 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq". 

The Speaker assumed the Chair. 

M r Holland presented to the Board a Bill Entituled, "An Act to revive and continue the 
several Acts therein mentioned for Regulating the Mili ia of this Colony." 

Ordered, that the said Bill be Read. 

Then the said Bill was read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, "An Act to amend An Act Entituled, An Act for the more. 
effectual cancelling the Bills of Credit of this Colony" be Read the second time. 

Then the said Bill was read the second time and 

Ordered to he committed. 

A Message from the General Assembly by M r Myndertse and M r Filkin with the Bill Entituled, 
"An Act for raising the sum of one thousand one hundred and twenty five pounds by a Publick 
Lottery for a (urther provision towards founding a Col ledge for the advancement of Learning 
within this Colony " desiring the concurrence of the Council thereto. 

Ordered, that the said Bill be now Read. 

Then the said Bill was read the first time and 

Ordered a second Reading. 

The Council adjourned till to Morrow morning 11 o clock. 

140 



1114 Journal of the Legislative Council of New York. 



Saturday, the 16** day of June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono Me JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq r$ . 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act for raising the sum of one thousand one hundred 
and twenty five pounds by a Publick Lottery for a further provision towards founding a College 
for the advancement of Learning within this Colony" be read the second time. 

Then the said Bill was read the Second time and 

Ordered to be committed. 

Ordered, that the Bill Entituled, "An Act to revive and continue the several Acts therein 
mentioned for Regulating the Militia of this Colony " be read the second time. 

Then the said Bill was read the second time and 

Ordired to be committed. 

Then the Council adjourned till Monday next at 11 o clock A M. 



Monday, the 18 th day of June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono lle JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq. 

The Speaker assumed the Chair. 

The Speaker left the Chair and 

The Council Resolved into a Committee on the Bill Entituled, "An Act to revive and continue 
the several Acts therein mentioned for Regulating the Militia of this Colony" and 

The Committee having gone through the same 

The Speaker resumed the Chair. 

M r Holland from the said Committee Reported that the Committee had gone through the 
said Bill, and made several amendments thereto, which they directed him to report to 
the Council, and he read the Report in his place, and delivered the Bill with the Amendments 
in at the Table, where the same were again read and agreed to by the Council. 

Ordered, that the Bill with the amendments be engrossed. 

The Speaker left the Chair and 

The Council resolved into a Committee on the Bill Entituled, "An Act for raising the sum of 
one thousand one hundred and twenty five pounds by a Publick Lottery for a further Provision 
towards founding a Colledge for the advancement of Learning within this Colony " and 

The Committee being ready to make their Report thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Johnson Chairman of the said Committee in hi* place Reported, that the Committee 
had gone through the said Bill, and had directed him to Report the same without amendment. 

Which Report on the Question being put was agreed to and approved of and 

Ordered, that the said Bill be Read the third time. 

The Speaker left the Chair and 

The Council Resolved into a Committee on the Bill Entituled, "An Act to amend An Act 
Entituled An Act for the more effectual cancelling the Bills of Credit of this Colony." 

The Committee having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported, that the Committee 
had gone through the said Bill and had directed him to Report the same without amendment. 

Which Report on the Question being put was agreed to and approved of, and the said Bill 

Ordered, a third Heading. 



1753.] The Hon. George Clinton, Esq: Governor. 1115 

Then the said Bill was read the third time and 

On the Question being put 

Resolved that the said Bill do pass. 

Ordered, that the Hono ble William Johnson Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without amendment. 

The Engrossed Bill Entituled, "An Act to revive and Continue the several Acts therein 
mentioned, for Regulating the Militia of this Colony" was read the third time and 

On the Question being put 

Resolved that the said Bill do pass. 

Ordered, that the Honourable William Johnson Esq r do carry the said Bill to the General 
Assembly and desire their concurrence thereto. 

Then the Council adjourned to Saturday next 11 o clock AM. 



Saturday, the 23 d June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono 1 " JAMES ALEXANDEK, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, Esq" 

The Speaker assumed the Chair. 

A Message from the General Assembly by M r Walton and M r Cruger with the Bill Entituled 
"An Act further to continue the Duty of Exxcise and the Currency of the Bills of Credit 
Emitted thereon for the purposes in the former Act and herein mentioned" desiring the 
concurrence of the Council thereto. 

Ordered, that the said Bill be Read. 

Then the said Bill was read the first time and 

Ordered a second Reading. 

Then the Council adjourned till Monday Morning 11 o clock. 



Monday, the 25 * June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono flte JAMES ALEXANDER, Esq r , Speaker, 

ARCHIBALD KENNEDY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq. 

The Speaker assumed the Chair. 

The Deputy Secretary laid before the Council from his Excellency, a Copy of the Address 
of the General Assembly of this Province to his Excellency of the 22 d Instant, and his 
Excellency s Answer thereto of the same date and acquainted the Council, that he had received 
directions from his Excellency to acquaint them, that his Excellency recommended a Conference 
with the Assembly on the Subject matter thereof. And the said Address and Answer being 
read, were 

Ordered to be entered in the minutes and are as follow, viz 

May it please your Excellency, 

We his Majesty s most dutiful and loyal Subjects, the General Assembly of the Colony of 
New York, beg Leave humbly to represent to your Excellency, that on considering your 
Excellency s Message of the 13th Instant, and the Speech of the Chief Mohawk Sachem, sent 
therewith, the State of Indian Affairs appears to us to be in such a critical Situation, that we 
conceive no Commissioners that can be appointed, will have sufficient Weight and Influence to 
adjust and settle them in such a Manner as will secure the Indian Nations in his Majesty s 
Interest. 

These Considerations, Sir, have induced us to make an extraordinary Allowance on that 
Head, in case your Excellency shall meet the Indian Nations at Albany, in Person, to renew the 



1116 Journal of the Leislative Council of New York. 






ancient Alliance with them, and (as they term it) take the Hatchet out of their Hands, which 
they say has not yet been done, though your Excellency has met them at Albany, since the 
Conclusion of^the War. 

The Advices communicated to us, with your Excellency s Message of the 16th Instant, with 
Respect to what has passed between your Excellency and those Mohawks who have been 
lately at New York, still more fully evince the Necessity of your Excellency s Presence at 
Albany; and we persuade our selves that in this extraordinary Conjuncture, you will not 
hesitate a Moment in taking the Resolution to meet the six Nations there in Person this 
Summer. 

We entirely agree with your Excellency in the Expediency of sending the Interpreter, with 
two Persons of Weight, among the Indians, with all possible dispatch, through all the five 
Nations, to represent to them the Unreasonableness of the Proceedings of those of the Mohawk 
Nation who came lately to New York, and to invite them to a Conference at Albany, to assure 
them that they shall there receive the Presents usually made by this Colony on such Occasions, 
and that the Complaints of their Brethern the Mohawks shall then be strictly examined into, 
and their real Greviences justly redressed: The Expence of which Service, we assure your 
Excellency, shall be provided for as soon as the Amount thereof can be known. 

DAVID JONES, Speaker. 

Jamaica June 22 d 1753 

His EXCELLENCY S Answer. 

Gentlemen, 

I Thank you for this Address. I am sorry to acquaint you, that my bad State of Health, at 
present, will not permit me to go to Albany, to meet the Six Nations of Indians, as you desire. 

I join with you in Opinion that the State of Indian Affairs, is at present in a very critical 
Situation, and think it requires the Advice and Assistance of the Council and Assembly in a 
free Conferrence ; and upon the Arrival of the Gentlemen of the Council, who are daily expected 
from Albany, I shall recommend it to the Council, to meet you in such Conferrence, that you 
may then jointly agree upon the most fit Persons of Weight to send with the Interpreter, to 
invite the Six Nations to meet at Albany, by a Day to be proposed ; and on proper Instructions 
to be given to those Persons : Also, upon the most proper Persons to be appointed Commissioners, 
to supply my Place at that Interview, and the Powers and Instructions to be given to such 
Commissioners. And that you may then also agree, upon the Method of Inquiry into the 
Complaints of the Mohawks, and of giving them Redress; in which as well as in every other 
Measure, that shall be thought necessary in this important Affair, I shall, so far as is consistent 
with my Duty, most readily concur with you. And at this Conferrence you will be acquainted 
with other Reasons, besides the ill State of my Health, why I think it most proper that 
Commissioners should supply my Place at Albany, at the intended Interview with the Indians. 

G. CLINTON. 

Jamaica 22 d June 1753. 

Resolcetl, thereupon that the Council desire a free Conferrence with the General Assembly 
accoidingly. 

Ordered, that the Hono blc Edward Holland Esq r do acquaint the General Assembly that 
the Council desire a free conferrence with them upon the subject matter mentioned in his 
Excellency s Answer to the Address of the General Assembly ou the 22 d Instant. 

Ordered, that the Bill Entitled, " An Act further to continue the Duty of Excise and the 
Currency of Bills of Credit emitted thereon for the purposes in the former Act and herein 
mentioned " be now read the second time. 

Then the said Bill was read the second time and 

Ordered, to be committed. 

A Message from the General Assembly by Cap Walton and M r Watts with the Bill Entituled, 
" An Act to appoint Commissioners to examine into the Eastern Boundaries of this Colony, and 
to impovver and require the Deputy Secretary of this Colony to deliver certain ancient Records 
written in the Dutch Language to such Person or Persons as the said Commissioners shall 
appoint to be Translated into English, and other the purposes therein mentioned" desiring the 
concurrence of the Council thereto. 

Ordered, that the said Bill be now read 

Then the said Bill was read the first time and 

Ordered a second Reading. 

Ordered, that the Bill Entituled, An Act for raising the sum of one thousand one hundred 
and twenty five pounds by a publick Lottery for a further Provision towards founding a College 
for the Advancement of Learning within this Colony" be now read the third time. 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 



1753.] The Hon. George Clinton, Esq: Governor. 1117 

Ordered, that the Hono blc Edward Plolland Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 

Then the Council adjourned til to morrow morning 11 o clock. 



Tuesday, the 26 A day of June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono ble ARCHIBALD KENNEDY, Esq r , Speaker, 

JOSEPH MURRAY, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq". 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, " An Act to appoint Commissioners to examine into the 
Eastern Boundaries of this Colony, and to impower and require the Deputy Secretary of this 
Colony to deliver certain ancient Records written in the Dutch Language, to such Person or 
Persons as the said Commissioners shall appoint, to be translated into English, and other the 
purposes therein mentioned " be now read the second time. 

Then the said Bill was read the second time and 

Ordered to be committed. 

The Speaker left the Chair and 

The Council Resolved themselves into a Committee on the Bill Entituled, "An Act further 
to continue the Duty of Excise, and the currency of the Bills of Credit emitted thereon for the 
purposes in the former Act and herein mentioned." 

The Committee having gone through the said Bill and being ready to make their Report 
thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Holland Chairman of the said Committee in his place Reported that the Committee 
had gone through the said Bill and had directed him to report the same without Amendment. 

Which Report on the Question being put was agreed to and approved of. And the said Bill 

Ordered a third Reading. 

Then the Council adjourned til to Morrow 3 o clock Post Merid 1 ". 



Wednesday, the 2T" day of June, 1753. P. M. 
The Council met according to adjournm* 

PRESENT The Hono lle ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
EDWARD HOLLAND, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq". 

The Speaker assumed the Chair. 

A Message from the General Assembly by Colonel Beekman and Cap* Livingston with the 
Bill Entituled, "An Act to appoint Commissioners to Regulate Highways in Dutches County 
in the place of those appointed by An Act Entituled, An Act for the better clearing and further 
laying out Publick High Roads in Dutches County " desiring the concurrence of the Council 
thereto. 

Ordered, that the said Bill be now read. 

Then the said Bill was Read the Grst time and 

Ordered a second Reading 

Ordered, that the Bill Entituled, "An Act further to continue the Duty of Excise and the 
Currency of the Bills of Credit emitted thereon for the purposes in the former Act and herein 
memioned " be now read the third time. 

Then the said Bill was read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, that the Hono ble John Chambers Esq r do acquaint the General Assembly that the 
Council have passed the said Bill without Amendment. 



1118 Journal of the Legislative Council of New York [ 2 l d h ^; 

A Message from the General Assembly by M r Cruger and M r Renselaer acquainting the 
Council that that House do agree to a free conferrence with the Council, on the subject matters 
mentioned in his Excellency s Answer to the Address of that House on the twenty second 
Instant, at such time and place as the Council shall appoint. 

Resolved, that the said conferrence be held at Jamaica in Queens County, at the House of the 
Widow Stillwell on Saturday at 9 o clock in tlie forenoon, and 

Ordered, that the Hono ble John Chambers Esq r do acquaint the General Assembly therewith. 

The Council adjourned till Fryday Morning at 11 o clock to meet at Jamaica in Queens 
County. 



Jamaica in Queens County, 29" June, 1753. 
The Council met according to adjournment. 

PRESENT T/w HonJ le ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq. 

The Speaker assumed the Chair. 

The Speaker left the Chair and the Council Resolved into a Committee on the Bill Entituled, 
"An Act to appoint Commissioners to examine into the Eastern Boundaries of this Colony, and 
to impower and require the Deputy Secretary of this Colony to deliver certain ancient Records 
written in the Dutch Language to such Person or Persons as the said Commissioners shall 
appoint, to be translated into English, and other the purposes therein mentioned" And the 
Council having gone through the same 

The Speaker resumed the Chair. 

And M r Chambers from the s;iid Committee reported that the Committee had gone through 
the said Bill and made several Amendments thereto which they directed him to report to the 
Council, and he read the report in his place, and then delivered the Bill with the Amendments 
in at the Table, where the same was again read and agreed to by the Council and the amendments 

Ordered to be engrossed. 

Ordered, that the said Bill as Amended be read the third time. 

Then the said Bill as amended was read the third time and 

On the Question being put 

Resolved, that the said Bill with the Amendments do pass. 

Ordered, that the Hono ble John Chambers Esq r do carry the said Bill with the Amendments 
to the General Assembly, and acquaint the House that the Council have passed the said Bill 
with those amendments to which they desire their concurrence. 

Ordered, that the Bill Entituled "An Act to appoint Commissioners to Regulate Highways in 
Dutches County, in the pi tee of those appointed by An Act Entituled, An Act for the better 
clearing and further laying out Publick High Roads in Dutches County" be now read the 
second time. 

Then the said Bill was read the Second time and 

Ordered to be committed. 

The Speaker left the Ch lir and the Council Resolved into a Committee on said Bill, and having 
gone through the same, and being ready to make their Report thereon 

The Speaker resumed the Chair. 

Ordered, that the said Report be made immediately. 

Then M r Chambers Chairman of the said Committee in his place reported that the Committee 
had gone through the said Bill and had directed him to report the same without Amend rnent. 

Which Report on the Question being put was agreed to and approved of and the said Bill 

Ordered, a third Reading. 

Then the Council adjourned til 3 o clock l n Merd. 



1753.] The Hon. George Clinton, Esq : Governor. 1119 

Fryday, the 29 * day of June, 1753. F M dm . 
The Council met according to adjournment 

PRESENT The Hono Me ARCHIBALD KENNEDY, Esq r , Speaker, 

JAMES DE LANCEY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq". 

The Speaker assumed the Chair. 

Ordered, that the Bill Entituled, "An Act to appoint Commissioners to Regulate Highways 
in Dutches County in the place of those appointed by An Act Entituled, An Act for the Better 
clearing and further laying out Publick High Roads in Dutches County " be now Read the 
third time. 

Then the said Bill was Read the third time and 

On the Question being put 

Resolved, that the said Bill do pass. 

Ordered, That the Hono ble William Smith do acquaint the General Assembly that the Council 
have passed the said Bill without amendment. 

A Message from the General Assembly by Captain Livingston and M r Thomas with the Bill 
Entituled, "An Act to appoint Commissioners to examine into the Eastern Boundaries of this 
Colony and to impower and require the Deputy Secretary of this Colony to deliver certain 
Ancient Records written in the Dutch Language, to such Person or Persons as the said Com 
missioners shall appoint, to be Translated into English, and other the purposes therein 
mentioned" and the amendments made thereto, acquainting the Council that the House have 
agreed to the said amendments, and desire the Bill may be amended accordingly 

Then the said Bill was accordingly amended 

Which Amendments are as follow viz 

Pago. Line. 

1 Strike out the word Deputy in the second line of the Title and after the word Colony 

in the third line insert or his Deputy 

1 Strike out the words " which could not hitherto be done, by Reason of the Refusal of 

the Deputy Secretary s of this Province, to deliver the same out of his hands, and the 
want of a Person or Persons legally authorized to perform the same" wrote in the 
17 th 18 th and 19"- lines 

2 8 Strike out the word Deputy and after the word Secretary in the 9 lh line add or his Deputy 
2 12 After the word Committee add " who is hereby authorized and impowered to administer 

such oath " 

2 last line Strike out the word Deputy and after the word Secretary add or his Deputy 

At the end of the second line insert these words "and that during the time the said 
Dutch Records shall remain and continue in his or their Custody, they nor either of 
them shall make, or cause or suffer, any Copies, Extracts, or Abstracts, of or from the 
said Dutch Records to be made, other than such as shall be so directed by 
the Committee and Commissioners aforesaid unless with the privity and consent of the 
said Secretary or his Deputy " 

3 6 Strike out the word Deputy and after the word Secretary insert the words or his Deputy 
3 8 Strike out the word Deputy and after the word Secretary insert the words or his Deputy 
3 11 Strike out the word Deputy and after the word Secretary in the 12 th line insert or his 

Deputy 

15 Strike out the word Deputy and after the word Secretary insert or his Deputy. 
3 19 And in the same page line 25, Strike out the word Deputy and after the word Secretary 

add or his Deputy 

27 Strike out the word Deputy and after the word Secretary insert or his Deputy 
3 29 After the word direct strike out all the remaining part of this Clause, ending in the 19 th 

line of the next page 

5 13 After the word Colonys strike out the remaining part of the Clause and instead thereof 
insert these words "And shall deliver Copies thereof to the Governor or Commander 
in Chief of this Colony for the time being in order to be laid before his Majesty and 
also Transmit copies thereof to the Agent of this Colony." 
M r Kennedy left his seat and 
M r Chief Justice assumed the Chair. 

Then the Council went to meet the General Assembly in a free Conference, on the Subject 
matter of the Conference this Morning, and being returned, the Speaker Reported, that the 
Council had by Ids Excellency s directions, acquainted the House, that his Excellency was in 



1120 Journal of the Legislative Council of New York. [ w iK 

daily expectation of being succeeded in the Government, and therefore did not think it 
adviseable in such a Juncture to go to Albany to meet the Indian Nations. That the Council 
delivered it as their opinion, that no Commissioners that could be appointed to meet the Indians, 
would have equal weight and influence with a Governor or Commander iu Chief; and that they 
were therefore of opinion that the Interview with the Indian Nations should be suspended 
until the arrival of the new Governour. But that it would be necessary in the mean time, to 
send some persons of weight and influence among the said Nations ; to acquaint them with 
the Reasons of their not being sent for to a Conference at Albany so soon as they might expect ; 
and to endeavour to remove the uneasiness that appears to be now subsisting among them. And 
that the Council concluded with a proposal that a Committee should be; appointed by each 
House to m^et this evening, to consider of proper means for those purposes, which proposal had 
been agreed to by the General Assembly. 

Resolved, that M r Murray, M r Chambers and M r Smith be a Committee of the Council to 
confer with a Committee of the General Assembly, on the Subject Matters mentioned this day 
at the free conference, and that the said Committees meet this Evening at the House of the 
Widow Stillwell and that the Speaker be desired to assist the said Committee. 

Ordered, that the Hono ble John Chambers Esq r do acquaint the General Assembly, that the 
Council have appointed the Hono ble Joseph Murray and William Smith Esq rs and himself, to be 
Committee to confer with a Committee to be appointed by the General Assembly, on the 
subject matters mentioned this day at the free conference; that the Speaker of the Council is 
desired to assist the said Committee ; and that the said Committees are to meet at 7 o clock this 
evening at the House of the Widow Stillwell. 

A Message from the General Assembly by M r Le Conte and Major Philipse, acquainting the 
Council that the House have appointed M r Nicoll, M r Cruger, M r Thomas, M r Livingston M r 
Mynderse and M r Watts to be a Committee to meet the Committee appointed by the Council, 
to confer with them on the subject matters mentioned this day at the free Conference, and that 
M r Speaker is desired to assist the said Committee. 

Then the Council adjourned till to Morrow morning 10 o clock. 



Saturday, the 30" June, 1753. 
The Council met according to adjournment. 

PRESENT The Hono m JAMES DE LANCEY, Esq r , Speaker, 

JOSEPH MURRAY, 
EDWARD HOLLAND, 
WILLIAM JOHNSON, 
JOHN CHAMBERS, 
WILLIAM SMITH, Esq". 

The Speaker assumed the Chair. 

M r Murray from the Committee appointed to confer with the Committee of the General 
Assembly on the subject matters mentioned at the free Conferrence yesterday, Reported that the 
Committees having met and considered of the Matters referred to them had unanimously agreed 
that it was highly expedient the Six Nations should be forthwith invited to a General Meeting at 
Onondaga, to remove their present uneasinesses to bury the Hatchet and to preserve the Friendship 
of those Nations: That there be allowed for those purposes the sum of two hundred and fifty 
pounds to be laid out in proper presents, and distributed among them; and that there should be 
also allowed for the expence and trouble of the person or persons to be sent to Onondaga on 
this Occasion, and their attendants, a sum not exceeding Two hundred pound